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6.b) Forest Lake Cable Commission-Update � �� � �� v� / � `� � � ,�;: ,:r �•., �.._�� d. �� �'�i � � .�"�.� •.`�'ry`•�� c� � Memo �C�►NDIA To: Mayor and City Council From: Anne Hurlburt,City Administrator Date: Apri17,2011 for Apri112,2011 Work Session Re: Forest Lake Cable Commission (FLCC}—Update At the February 8,2011 work session,the Council received a report on the Forest Lake Cable Commission(FLCC)joint powers organization(JPO.) As a result of that meeting, Scandia appointed a subcommittee(Mayor/FLCC member Randall Simonson,Council member Chris Ness and Administrator/FLCC member Anne Hurlburt)to meet with their counterparts in the other two ciries of the JPO(Columbus and Forest Lake.) The purpose of the meeting was to ensure that the governing bodies of the other cities are informed of recent issues and to discuss the future of the JPO. They were provided with a copy of the February 4,2011 memorandum outlining recent issues and Scandia's concerns about the FLCC. The meeting was held on March 30. Present were Scandia's 3 representatives, Columbus's representatives(Mayor Dave Povolny, Council member/FLCC member Denny Peterson and Administrator Elizabeth Mursko)and Forest Lake's representatives(Mayor Chris Johnson,Council member/FLCC member Jackie McNamara.) Also present were the remaining 2 FLCC members Steve Brunsberg and Sarah Chatwin,and 2 FLCC staffmembers(Rita Jelinek and Tim Schingen.) (The meeting was properly noticed to allow a quorum of the FLCC to be present.) Over approximately two hours of wide-ranging discussion,there seemed to be consensus on the following points: • The JPO and the FLCC and its programs have value for our communities. • The cities need to provide oversight and ensure that their representatives to the FLCC are active and engaged. • The cities seem to share the goal of improving public access to governmental meetings, far US Cable customers and all citizens. There seem to be advantages to addressing this together rather than each city going on their own. There is a sense that we are behind other communities in making this service available. , 4/7/2011 Page 2 of 2 • There are advantages to working together as the cable franchise comes up for renewal. The needs of the community,improving service and technology, and possible enhancements to the financing for public access will all need to be considered. • Over time the leadership,management and talent needed for success of the FLCC have not been present at the same time. The current void in management must be addressed by the FLCC. • The FLCC and its staffwill need to develop trust and good working relationships,which were damaged by recent issues concerning the potential move of its facilities and departure of the Access Coordinator. • The FLCC needs a work plan to move it through the current crises,to improve operating procedures and policies and to address the management and staffing issues. • Once those issues are addressed,there may be advantages to expanding to include other communities(such as Wyoming)which may bring addirional resources. • The FLCC may need to more actively engage with the school district now that the Ranger 20 station has become such an important part of public access. • The FLCC may also need to open communications with U.S.Cable. In the past a representative attended meetings,but not recently. . � �� Apri15,2011 • ' . ?�► l�allberg files suit against FL Cable Commission Maintains agreement was in place to lease space The Dispute for new LAN studio According to the lawsuit,company head Gene Hall- Cliff Buchan berg was approached by members of LATV last fall News Editor and Hallberg entered negotiations with the com- mission to lease 4300 square feet of commercial A dispute over a potential new home for Lakes Area property previously housing Play It Again Sports, TV in Forest Lake has led to a lawsuit filed against a business that had closed last year. the Forest Lake Cable Commission by Hallberg,Inc. of Forest Lake. On Dec.15,2010 on LATV letterhead and signed on behalf of then Commission Chair Steve Brunsberg, The lawsuit, ffied in Washington County District the commission wrote to Hallberg stating that it"is Court on March 21, alleges a breach of contract of writing to provide you with the intention to lease a commercial lease agreement between Hallberg the properry at 616 N. Lake St., Forest Lake, MN and the FLCC and Forest Lake Cable Access, Inc. starting March 1,2011." The suit hinges around work done by Hallberg at 620 N.Lake St.that was being remodeled as a new It was then,the lawsuit states,that Hallberg began home for Lakes Area TV,the public cable television the transformation of the commercial retail space production agency that operates under the auspices for use as a television studio.Hallberg,with guidance of the cable commission and has its office and studio from LATV staff, hired an architect to design the just off US-8 in Wyoming. space and retained a contractor to begin extensive remodeling. � The suit, filed by attorney:(ames Walston of Lin- � dquist &Vennum, Minneapolis, seeks $50,000 in A building permit was issued by the city of Forest w damages plus attorney fees and costs. Lake on Dec.29,2010.A letter to the architect from o the city said: "A review for Lakes Area Community � Forest Lake CityAttorney Dave Hebert said the law- Television at 620A N.Lake St.has been completed." � suit has been forwarded to tYie League of Minnesota ° Cities Insurance Trust for legal representation. Further,the lawsuit states,on Jan.,17,2011,Gayle � Mohr, access coordinator for the commission on � Jackie McNamara,a city council member in Forest commission letterhead,wrote to Keith Willie at the � Lake and the new chair of the cable commission, city of Forest Lake stating:"The Forest Lake Cable declined comment on the sp ecifics of the lawsuit at Commission intends to lease from...Hallberg, the ` the direction of the league attorney,Peter Regnier. space at 616 N.Lake Street in Forest Lake." C. O . # The cable commission operates under a joint powers The letter from Mohr,the lawsuit states,requested a '� agreement involving the cities of Forest Lake, Co- variance in the number of restrooms required at the � lumbus and Scandia. Wyorning is not part of the location because of the small size of the LATV staff. � �oint powers agreement. .� �. a http://forestlaketimes.com/2011/04/05/hallberg-files-suit-against-fl-cable-commission/ Yage 1 Apri15,2011 • " . " Hallberg files suit against FL Cable Commission Remodeling continued throughout January and was During a interview on Friday,Mohr said she was not halted until after a Feb. 4letter from Bruns- not aware of the lawsuit nor the inclusion of her berg,still the cable commission chair.In that letter, contacts with Hallberg in the legal document.Mohr Brunsberg informed Hallberg that a special meeting was reluctant at first to say why she left her job,but on Feb.2,2011,the cable commission determined later said she was"forced out." "that it will not lease"the building. "She turned in her resignation.She resigned,"Mc- Although no lease for the property was obtained, Namara said when asked about why Mohr left her the suit contends that Hallberg"in good faith perfor- employment.McNamara said she was not at liberry med on the lease by working with the defendants" to discuss personnel issues. and the architect to transition the properry from general commercial retail space into a television Mohr had spent just under su�years with LATV. studio for use by LATV. "Apparently I did wrong,"she said. Walston,in an interview,said Hallberg spent"tens Mohr said members of the LATV staff had worked of thousands"of dollars working on the studio and closely with Hallberg and the architect on the design had moved to complete"special requirements"by plans,but questioned how much authorization was LAT'V to ready the properry for use as a studio and given to do work. business office. , "In some instances Hallberg went ahead with doing The studio location with visibility along busy US-61 things without asking,"Mohr said. in Forest Lake and not in a community outside the joint powers membership area would all be posi- �o snare�save p�►� c tives connected to the five-year lease,W81St0Il Sa1C�. Tags:Forest Lake Cable Commission,t�auv�rg,inc„�ex�,Newc High�;�hc "We maintain the position that we have an enfor- ceble lease and obligation,"Walston said."It's un- ; fortunate that it has to come to this,"he said,adding � that Hallberg had offered to sit down and try to talk w the issue through. �. � 0 � "The cable commission has flatly refused that op- H t�on,"Walston said. 0 � What Happened? � x � � The circumstances that led to the dispute may not be known until the matter is resolved,possibly at trial. ` The matter will also need to go through alternative o dispute resolution before trial. -. � '� One thing is known.Mohr is no longer with LATV � after resigning her position on Feb.2,the same date � that the cable commission board informed Hallberg .� it would not lease the space in Forest Lake. a http://foresUaketimes.com/2011/04/05/hallberg-files-suit-against-fl-cable-commission/ Pa�e 2