2021-20CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: May 10, 2021 RESOLUTION NO: 2021-20
MOTION BY: Campion SECONDED BY: McDonald
RESOLUTION REGARDING THE APPLICATION OF CMN-RUS, INC.
FOR A CABLE FRANCHISE
WHEREAS, CMN-RUS, Inc., d/b/a MetroNet ("CMN") has requested that the City of
Chanhassen, Minnesota ("City") commence proceedings to consider the award of a cable
franchise to CMN; and
WHEREAS, Minnesota Statutes Section 238.08(a) mandates that a city require a
franchise for any cable communication system providing service within the city; and
WHEREAS, Federal law at 47 U.S.C. Section 541(a) provides that a city "may not
unreasonably refuse to award an additional competitive franchise;" and
WHEREAS, The City retained the law firm of Moss & Barnett, a Professional
Association, to assist the City in conducting the procedure required under Minnesota Statutes
Section 238.081 and the review of any applications submitted to the City; and
WHEREAS, The City followed the franchise procedure required by Minnesota Statutes
Section 238.081 by publishing once each week, (April 1 and 8, 2021) for two successive weeks
in the Chanhassen Villager, a Notice of Intent to Consider an Application for a Cable Franchise
("Notice"); and
WHEREAS, In addition to the published Notice, the City provided copies of the Notice
and the Request for Proposals Official Application Form to CMN and to the City's existing cable
operator, Mediacom Minnesota LLC ("Mediacom"); and
WHEREAS, The City's Official Application Form required that proposals for a cable
communications franchise contain responses to each of the items identified in Minnesota Statute
Section 238.081, Subd. 4; and
WHEREAS, The City's closing date for submission of applications was set for April 21,
2021 which complied with the statutory minimum of twenty (20) days from the date of first
publication; and
WHEREAS, Upon the deadline for submitting applications, April 21, 2021, the City
received only one application, from CMN; and
WHEREAS, The City Council determined to call a Public Hearing to consider the
application received from CMN at its regularly scheduled May 10, 2021 meeting; and
WHEREAS, All interested parties were provided an opportunity to speak to the City
Council and to present information regarding this matter, including Mediacom; and
WHEREAS, The City carefully reviewed all information and documentation presented
to it regarding CMN's proposal and qualifications to operate a cable communications system
within the City; and
WHEREAS, Based on information and documentation made available to the City and
the letter and attachments, dated May 4, 2021, prepared by Moss & Barnett with respect to
CMN's application, the City Council has reached conclusions regarding CMN's legal, technical
and financial qualifications.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, as follows:
1. The City hereby finds that CMN's application, received on April 20, 2021, complies with the
requirements of Minnesota Statute Section 238.081.
2. The City finds that CMN possesses the requisite legal, technical and financial qualifications
to operate a cable communications system within the City.
3. City staff is authorized to continue negotiations with CM-N to attempt to reach mutually
acceptable terms for a cable television franchise to be introduced to the City Council for
consideration.
4. The City finds that its actions are appropriate and reasonable in light of the mandates
contained in Chanter 238 of Minnesota Statutes and applicable provisions of federal law
including 47 U.S.C. Section 541(a).
Passed and adopted by the Chanhassen City Council this 1 Wh day of May, 2021.
ATTEST:
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Laurie Hokkanen, City Manager
YES NO
Ryan
McDonald
Campion
Rehm
Schubert
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Elise Ryan, Mayor 0
ABSENT