City Council Minutes 2014 04 01 - Laserfiche WebLink

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City Council Meeting Minutes April 1, 2014 Page 4 of 24 Relations Manager Muth noted there is an article about the Emerald Borer in the latest newsletter. COMCAST FRANCHISE NEGOTIATIONS UPDATE Mayor Pro Tem Dalton reported the Negotiation Team has submitted a request to the Satellite Broadcasting Association for data showing the percentage of homes currently receiving satellite services in Louisville,. This data will inform the decision to seek or not seek an FCC finding regarding "effective competition" in Louisville. Spring break has delayed sending information to Comcast to open the negotiations. He would continue to provide updates on the negotiations with Comcast. Mayor Muckle asked if there was a time during the process for an open house to provide information and gather input. Mayor Pro Tem Dalton stated if there is a demand for an open house one could be scheduled. TERMINATION AGREEMENT WITH WESTERN GOLF PROPERTIES Mayor Muckle requested a staff presentation. Parks and Recreation Director Stevens reviewed the proposed conditions of the termination agreement as follows: • WGP will pay the City October and November 2013 basic fees of $60,000 ($30,000 for October and $30,000 for November) per the April 1, 2010 Operating and Management agreement. • The City will assume responsibility for all utility payments on or about December 13, 2013. • The City agrees to purchase items listed on Schedule A for $40,000, subject to verification, by the City and WGP, that all items are on -site and in working order or satisfactory condition. Any item(s) not on premises will reduce the value and amount due WGP by the amount listed on Schedule A. • WGP shall assign to and the City will assume all liability for Summit Club and Peak Player memberships listed on Schedule B in exchange for a credit of $25,000 from WGP. WGP will provide Summit and Peak Player contact information. • WGP shall assign and the City will assume all liability for rain checks and gift cards listed on Schedule B in exchange for a credit of $10,000 from WGP. • WGP will retain all insurance payments and benefits, provided Zurich confirms through written documentation the City is not entitled to insurance payments from Zurich. He stressed the importance of knowing whether the City is entitled to insurance payments. FEMA will require a guarantee the City will not receive insurance payments to provide a 75% reimbursement for flood damage. The state will reimburse 12 1/2 %.