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Administrative SectionUpdates from City Hall -- November 20 -26, 1997 tqwltzb Administration • Truth in Taxation Notices: The Truth in Taxation notice will be published this week and individual Truth in Taxation statements were received by homeowners this week. It is important to note that over 50% of the proposed increase in the city's levy is attributable to the new park referendum. An additional 20% is due to reductions in state aids. The remaining 5- 6% is the amount certified by this office back in September which also coincides with the amount included in the manager's recommended budget from two weeks ago. As predicted back in September, the major changes made by the state legislature in how tax capacity is calculated was estimated to produce tax reductions even though the dollar amount of our levy would increase. In my own case, my property value did increase by 7 -8% which, in a typical year, would have produced a property tax increase of about 12 -13 %. However, my actual property taxes decreased by 6 %. The notice in the Villager adds a column entitled "proposed spending." No certification was ever made by anyone associated with the city which showed "proposed spending." The only explanation that I have been able to receive to date that seems to make any sense is that "spending" was determined by adding the amount of property tax levy increase to the amount of valuation increase over the actual levy increase. For example, our levy increase was approximately 6% whereas our overall valuation increase was 11 %. By rights that should have produced a 5% decrease in property taxes. Using the state formula for how much of a property tax increase occurred (15 %) plus what should have been a 5% decrease would then produce a 20% increase in spending. How in the world any of us are reasonably going to explain the above paragraph to anyone is unknown. The fact is that, the balanced budget which I am recommending produced had an approximate 5 -6% increase in revenue /expenses. The city council requested that I attempt to make the increase 0 %. As can be seen from the attached budgetary memo, I very much much attempted to meet that goal. I don't anticipate a significant number of taxpayers to be present Monday evening given the fact that most property owners will have seen a property tax decrease. [Note: Ironically, persons in lower valued homes did not see as much of a property tax decrease as those with higher valued homes.] Property owners whose value did not change, should have seen almost a 15% decrease in property taxes. I have not seen a property tax statement from a property owner living in the Minnetonka District, but I would anticipate that the percent changes should be approximately the same given the fact that the primary factor causing the reduction was the state law which reduced how tax capacity was calculated. • NSP Franchise. The city attorney and this office have been negotiating with NSP for nearly six months on renewal of their franchise. I am pleased to attach a copy of the last "draft" as well as the proposed franchise without the changes that have been made during the past 6 months. I believe that the proposed franchise now is in a format similar to the ones previously drafted and approved for Minnegasco and Minnesota Valley Co -op. Assuming that we can come to an agreement as to what property tax level we will be establishing for 1998 on Tuesday, I would hope that the city council would reconsider adopting a franchise fee as part of the 1998 budget [Note: This statement makes the assump- tion that whatever level a franchise fee was set at, that an offsetting amount would be made to the proposed property tax levy]. I fully understand the statement that the city council does not want to create a new tax. However, the fact is that the property tax payer is already being taxed for that same $100,000 or $200,000. Shifting that same amount over to a franchise fee, again, is basically neutral on a modest homeowner. However, again because of Minnesota's dispropor- tionate tax system which virtually doubles the amount of tax paid for any property owner having a home value greater than $72,000, the net savings for higher valued homes is significant. Hopefully, we can discuss this further Tuesday evening. • Bad Week - The city was "the first responder" on both fatalities which occurred this past week. On Friday, a construction worker at the Walnut Grove development was killed after being run over by a bull dozer.. On Monday, a Shorewood man was killed after being hit by a semi. The collision ejected the man from the pick -up and into the wheels of the semi. Both incidences were ex- tremely difficult for those first respond- ers. • City Hall Expansion - During this next week, I will be signing a change order with Paige Electric in the amount of approximately $22,000. Given the amount, I had anticipated having this item onto an upcoming city council agenda. However, Todd Christopherson reminded me that $20,000 of this change order had been presented to the city council in February when we had met at the Recreation Center and had been approved at that time. It was ironic in that all of the contracts that potentially could have been pulled out for examina- tion, it was only by accident that the Paige Electric contract was reviewed. The $22,000 amount has been included in all of Todd Christopherson's monthly budget reports. • Other bills - One of the explanations on "bills" from our previous meeting could have been confused to make council members believe that we were paying $900 per month for training films for the Fire Dept. The $900 figure is a yearly cost to provide monthly training films. Ironically, one of the last films discussed the importance of weighing using massive amounts of water to control a large obsolite structure vs. the environmental impacts that that may produce. Mark Littfin's decision not to use water to control the assumption seminary burning was an excellent decision. Without question, the City of Chanhassen would have made metropoli- tan/state news if the massive amounts of asbestos contained in the assumption seminary would have been washed down the creek behind the seminary and into the Minnesota River. The bill for "shots" were hepititus shots given to the firemen as required by state statute. Public Works Dept. • The official retirement date for MnDOT Metro Division Engineer, Mr. Chuck Siggerud, is November 28, 1997 His replacement will be Mr. Dick Stehr. • Interim Use Permit No. 95 -4 (Bluff Creek Golf Assoc.) has expired. The project has been substantially completed with the exception of installing an underground storm drainage pipe and repairing a minor washout. Approxi- mately 300 yards of material will be needed in the spring. An administrative grading permit has been requested by the City to complete the remaining earthwork to correct an erosion problem. • Moon Valley site inspection revealed- the site is in general conformance with the interim use permit with the exception of a safety fence at the top of the bluff (to be installed shortly). • Christmas tree drop -off boxes will be located at Lake Ann Park in the front parking lot from January 6 -31. The program is sponsored by Carver County and has been offered to residents for the last few years. The trees are hauled to a chipping site and later used for compost or other projects. • Staff is requiring that the rooftop HVAC equipment on top of the new St. Hubert's building be screened. The applicant believes that they have satisfied this requirement through the painting of the equipment. Stay tuned. (See attached) • Staff received a request to locate a Domino's Pizza in the 7 -41 Crossing Shopping Center. Fast food is not a permitted use at this location and because this type of pizza is mainly delivery-type, it is not permitted. Staff has indicated that it would support a code amendment that would allow fast food restaurants in the BN zoning district if they are part of the principal building and there is no drive thru window. (See attached) After weeks of negotiations and broken promises we have finally found a location for dirt and have begun to excavate the area on West 79th Street across from Crossroads Plaza. On Tuesday, city crews began clearing and grubbing to get ready for excavation work on the pond. All construction will be completed by city crews, and should be completed in a few weeks. Wetland plantings will occur next year after the spring thaw. Public Safety Department • Calls of ice hazards are coming in. Do you know we have specially trained personnel to perform ice rescue opera- tions? If you're interested in knowing more, feel free to give me a call. • Attached is a memo from Capt. Ron Holt regarding complaints by Alex Wilson of Illegal Parking and other Nuisances along Kings Road (Lowell Carlson). Gary R. Johnson Vice President and General Counsel John'P. Moore, Jr. Corporate Secretary Writer's Direct Dial Number 330 -6603 Northern States Power Company Law Department 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330 -6600 Fax No. (612) 330 -5827 October 13, 1997 Roger N. Knutson, Esq. Campbell, Knutson, Scott & Fuchs, P.A. Eagandale Office Center, Suite 317 1380 Corporate Center Curve Eagan, MN 55121 Re: Proposed Electric Franchise for the City of Chanhassen Dear Roger: Attorneys Harold J. Bagley Jack F Sjoholm Stephen C. Lapadat James L. Altman Michael C. Connelly James P. Johnson Jeffrey C. Paulson Bruce A. Colt Peter M. Glass I am enclosing herewith a marked version of a proposed franchise for the City of Chanhassen which continues the markings that were previously made in the draft which you reviewed before. The only changes which I have made, at your request, is to insert a new Section 9 Franchise Fee, based on the "Stillwater" model, but retaining the special exception at the end to permit undergrounding without imposing a similar fee on other franchise holders in the city. This is now set forth as Section 9.7. In addition, at your request, I inserted a new Section 10 allowing the franchise to be reopened after 10 years if the city refuses to amend it at that time to incorporate provisions that the Company has agreed to in at least two other franchises agreed to by the Company with other cities after the date of this franchise agreement. Section 10 was renumbered as Section 11 and Section 11 restated as Section 12. If these changes are acceptable, we can quite quickly on our word processor send out a clean copy for adoption by the City. Please let me know at your earliest convenience if the enclosure is acceptable. Very truly yours, ��, i Harold J. B, gley Senior Attorney HJB /JAG cc: Joyce Gutkowski Lou Howard DRAFT: 10/9/97 ORDINANCE NO. . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND rTERANF M IS S ION LI AND INCLUDING NECESSARY POLES, , APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Chanhassen, Counties of Carver and Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non - energy re d public utility service owned or operated by City or agency thereof in cluding sewer and water service but excluding facilities for providing heating, lighting or other forms of energy 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. HJB :FRANCHISE:CHANHASSEN.chan.wp 1 DRAFT: 10/9/97 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Non - Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. 1.7 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to City shall be mailed to the City Manager /Clerk at 690 Coulter Drive, Chanhassen, MN 55317. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right -of- way within the City. 1.10 Total Cost. Cost to Company for removing overhead Electric Facilities and replacing its function by installing underground Electric Facilities including butnot limited to, engineering, materials and labor, including overheads, less the depreciated value on Company's books of the overhead Electric Facilities removed and replaced by said underground Electric Facilities. SECTION 2. ADOPTION OF FRANCHISE 2.1 Grant of Franchise City hereby grants Company, for a period of 20 years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these HJB :FRANCHISE:CHANHASSEN.chan.wp 2 DRAFT: 10/9/97 purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Accep ance This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Manager /Clerk within 90 days after publication. 2.3. Service Rates and Area The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in Com St Statutes, Section electric service is subject to the provisions o f Minnesota 216B.40. Howev during the term of this franchise Minneso St atutes Chanter 216B may be amended or revealed in a manner to: (1) all City by franchise agreement or otherwise to directly establish service area boundaries between _electric supp liers providing electric service within the m unicipal , limits of City, or 2 permit Cit b franchise agreement or otherwise to establish service ar ea bo undaries which must be followed by the Commission in an application to it to revis service area boundaries previously established by t he Comm ission, unless interest of the public If this occurs City may by reso direct Company to negotiat an amendment to this franchise agreement establishing such service area • _ ._. :a,:— nn Anc,o after thP. (inte - days 1rio written notice to Company, terminate this franchise by ordinance. Notwithstanding the foreoin��y shall not take any acti which deprives Company o f the right to provide service to any customer of Company existing at _ r _ 1_ _ 4 � �ti. the tim of City's action to terminate for the entire term of this franchise set 1olt . . - __ T71-4--U-11111-11C reacnnn Minnesota for its investment and loss of revenue. HJB :FRANCHISE:CHANHASSEN.chan.wp 3 DRAFT: 10/9/97 2.4. Publication Expense The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3.1 Location of Facilities Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police power regulatory authority and Company does not relinquish its eminent domain authority. Company may abandon underground Electric Facilities in place provided at Citv's request Company removes abandoned concrete enclosed conduit interfering with a City improvement project if such conduit is uncovered as part of the City improvement r 3.2 Field Locations Company shall provide field locations for any of its underground Electric Facilities consistent with the requirements of Minnesota Statutes, Chapter 216D. HJB:FRANCHISE:CHANHAS SEN.chan.wp 4 DRAFT: 10/9/97 3.3 greet Openings Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as a good condition as formerly existed, and shall maintain *t , e- any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 3.5 Shared Use of Poles Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Building and Relocations Company, at the request of any person h a building moving permit shall temporarily remove raise, or lower its overhead wires The expense of such temporary removal raising, or lowering of HJB :FRANCHISE:CHANHASSEN.chan.wp 5 DRAFT: 10/9/97 overhead wires shall be paid by person(s) requesting the same, and Company s, hall have the authority t, o require such payment in advance 3.7 Avoid Damage to Electric Facilities Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.8 Notice of Improvements The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. SECTION 4. RELOCATIONS 4.1 Relocation of Electric Facilities in Public Ways Except as provided in Section 4.3, if the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for Non - Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, HJB :FRANCHISE:CHANHASSEN.chan.wp 6 DRAFT: 10/9/97 replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground Except as may be provided in Section 4.3, City may require Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at Company's expense. 4.3 Prpects with Federal Funding Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non - Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. 4.5 Change to Underground. If reduired by the City Comp shall change from overhead to underground, at City expense based on C Total Cost in any area where: (1) the City requests underground lines and all other line thereafter are chanced from overhead to underground or (2) any overhead line is changed to underground b the open trench with telephone and /or cable television, and Company can share trench at a cost not to exceed Comp pro rata share o f the cost of the trenching Prior to commencement of constructio by C ompany HJB :FRANCHISE:CHANHASSEN.chan.wp 7 DRAFT: 10/9/97 of any particular project. the City shall deliver a written commitment to pay the Total Cost for the project as estimated by Company SECTION 5. TREE TRIMMING Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6.1 Indemnit of f City Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. HJB :FRANCHISE:CHANHASSEN.chan.wp 8 DRAFT: 10/9/97 SECTION 7. VACATION OE OUBLIC WAYS The City shall give Company at least two weeks where prior rn of a proposed vacation of a Public Way. Except required improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTIO IN HJB :FRANCHISE:CHANHASSEN.cha 9 DRAFT: 10/9/97 HJB :FRANCHISE:CHANHASSEN:chan.wp 10 Us I IN Oft. - ma- MKIN . - -. - - - - - - - . M v - 70 M-1 -• - - - p ICT20 MN ova" .:- - HJB :FRANCHISE:CHANHASSEN:chan.wp 10 Us sW HJB :FRANCHISE:CHANHASSEN:chan.wp 10 Us . .- - _�x IMCPSTINEWN ,. WAM�.ffis .. .. -. M v HJB :FRANCHISE:CHANHASSEN:chan.wp 10 Us ._ IMCPSTINEWN ,. HJB :FRANCHISE:CHANHASSEN:chan.wp 10 DRAFT: 10/9/97 9 1 Separate Ordinance During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Com pany, the City May impose on the Company a franchise fee of not more than five p of the Company's Gross Revenues as hereinafter defined. The franchise fee shall be im posed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written not enclosm such proposed ordinance has been served upon the ompanv by certified mail_ Th fee shall not become effective until at least 60 days after written notice en closing such adopted ordinance has been served upon the Compa by ce rtified mail Section 2.5 shall constitute the sole remedy for solving dispu between th Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance No action by the e City to implement a separate ordinance will commence until this Ordinance is effective No pre - existing ordinance imposing a fee shall be effective against the Company unless it is specifically amended after the effective date of this ordinance following the procedures of this Section 9 for the a doption of a new separate ordinance A separate ordinance which imposes a lesser franchise fee on the residential class of custome then on other classifications of customers shall not be effective against the C ompany. 9 .2 Terms Defined For the purpose of this Section 9 the following definitions apply: 9.2.1 "Commission" means the Minnesota Public Utilities Commission or any successor agency or agencies including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 9.2.2 "Delivery Component" of electric service means the p ortion of th retail rate paid by the customer to compensate the Company for the use of transmission and distribution facilities including investment costs and all expenses of constructing operating and maintaining such facilities. 9.2.3 "Discount Rate" means a reduced electric retail rate for a customer or class of customers approved by the Commission for service to a customer of Company located within City to respond to competition from the thr eat of (i) self generation or (ii) the conversion of customer - equip to use a form of energy other than electricity. HJB :FRANCHISE:CHANHASSEN.chan.wp 13 DRAFT: 10/9/97 9.2.4 The term "Gross Revenues" means all sums received by the Company from the sale of electricity to its retail customers within the corporate limits of the City, excluding any surcharge, sales tax, miscellaneous tari ff charges or any similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the franchise fee, sales tax, or similar charge. The term "Gross Revenues" shall also exclude all revenues received by the Company from the sale of electric service provided under a Discount Rate. 9.2.5 "Supply Component" of electric service means the portion of the retail rate ap id by the consumer to compensate the supplier for electric capacity and /or energy delivered to the consumer, including investment costs and all expenses of producing or purchasing such capacity and /or energy_ 9.3 Discount Rate Adjustment. If the City adopts a separate ordinance as described in Section 9. 1, thereafter the Company shall give City written notice of any Commission proceedings relating to o implementation of a Discount Rate for a specifically identified customer within the City. In addition, if both a separate ordinance and a Discount Rate are in effect Company and City may mutually agree b ley tter agreement that Company will collect a franchise fee on the Discount Rate equal to, or the equivalent of, the fee or tax the City would have received if the customer had elected to purchase the competing form of energy instead of electric service from Comany. 9.4. Exclusive Electric Service. The Company has agreed to collect and pay any franchise fee imposed pursuant to this Section 9.4 only so long as the law allows the Company to be the exclusive provider of both the Supply Component and the Delivery Component of retail electric service to its defined service area within the City. The Company's exclusive service status is currently provided under Minn. Stat. Chapter 216B.37 et seq. If the Company is no longer the exclusive provider of both the Supply Component and the Delivery Component of retail service within City, the Company's obligation to collect and pay a franchise fee on such retail electric service shall terminate upon twenty (20) days notice to City. However, HJB :FRANCHISE:CHANHASSEN.chan.wp 14 DRAFT: 10/9/97 the Company a ees to collect and pay any applicable franc hise fee imposed by the City on the revenues from the Delivery Component of elect service provided by to retail customers located with the City u the applicable Commission aapnroved Delivery Component of the Company's re tail electric service rates This franchise fee on the Commission- app roved Delivery of electric retail service shall apply whether Company or another omp onent entity p rovides the Supply Component of the retail el service to such customer. 9.5 Collection of the Fee The franchise fee shall be payable not less often than q and shall be based on the Gross Revenues of t he Co mpany during complete billing months during the period for which payment is to be made. The p shall be due the last business day of the month following the period for which the payment is made The percent fee may be changed by ordinance from time to time however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually Such fee shall not exceed any amount which the Company may legally charge to its customers prior to Payment to the City by imposing a surcharge equivalent to such fee in its rates for elect service The Company may pay the City the fee based upon the surcharge billed sub to subse went reductions to account for uncollectibles or c ustomer refunds The time and manner of collecting the franchise fee is subject to the app roval of the Public Utilities Commission whic the Co mpany agrees to use best efforts to obtain. The Company agrees to make its Gross Revenues re cords available for inspection by the City at reasonable times. 9.6 Condition of the Fee The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greate p ercentage on the receipts from sales of energy within the City by any other energy supplier. provide that as to such a supplier the City has the authority to require a franchise fee or to impose a tax The franchise fee or tax shall be applicable to energy s ales for any energy use related to heating cooling, o lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the p urp os e of providing fuel for vehicles If the Company specifically consents in �M]"' ,ne, nr fniling to collect a fee HJB :FRANCHTSE:CHANHASSEN.chan.wp 15 DRAFT: 10/9/97 from another energy supplier in contravention of this Section 9.6, the foregoing conditions will be waived to the extent of such written consent. 9.7 Exception to Equal Fee Requirement. The requirement in Section 9.6 to impose an equal fee on any other energy supplier will not apply if the franchise fee is dedicated to pang the cost of under rog unding Electric Facilities belonging to Comm provided that: (1) the City shall maintain such an undergrounding franchise fee in a separate account and shall not use it for any other purpose other than reimbursing Company for the cost of undergrounding its Electric Facilities; and (2) provided that collection of the franchise fee will terminate when the balance in the account exceeds the amount Company estimates is necessary to reimburse it for the cost of undergrounding projects, which the City has ig yen notice of under Section 4.5 or which Company and City have otherwise a reed Company should perform on a reimbursement basis. Company will not terminate the collection of such a franchise fee without provg the City with at least 30 days prior written notice After completion of all scheduled projects at the time of termination of the franchise fee, the City may use any remaining balance in the account for its general purposes. Any franchise fee imposed on Coml2any as authorized by this Section 9.7 shall be the exclusive fee payable by Company under this franchise until the City, by ordinance, repeals the separate ordinance imposing the fee under this Section 9.7 SECTION 10. FRANCHISE REOPENER. After this franchise agreement has been in effect for ten years, the City may give Company Notice that City desires to amend this franchise agreement to incorporate specific provisions which Company has agreed to in the electric franchise agreement for two or more other cities of the second, third or fourth class in the seven - county metropolitan area based on a franchise ordinance ado tee d bX such cities after the date of this franchise agreement, which cities are identified in the Notice If Company refuses to do so within 90 days after receiving said Notice from the City, the City may terminate this franchise agreement upon 30 da s rior written Notice unless Company gives Notice to the City within said 30-day period that it will immediately agree to accept an amendment to this Ordinance incorporating the desired franchise provisions existing in two or more other cities as referenced in the City's Notice- The termination will not be effective until after completion of any dispute resolution proceedings under Section 2.5 commenced HJB :FRANCHISE:CHANHASSEN.chan.wp 16 DRAFT: 10/9/97 b y the Company within said 30 -day venoa, wnici act ion to be in compliance with this Sec tion 10. SECTION 11. PROVISIONS OF ORDINANCE 11.1 Seve I bility Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 11.2 1 imitation on Appljg � . This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 12. AMENDMENT This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's HJB :FRANCHISE:CHANHASSEN.ch 17 107 7a\aljf [ IIL'lL'1►7 written consent thereto with the City Manager /Clerk within 90 days after the effective date of the amendatory ordinance. PASSED AND APPROVED this day of , 1997. RIM ATTEST: Don Ashworth, Manager /Clerk of the City of Chanhassen, MN Donald J. Chmiel Mayor of the City of Chanhassen, MN HJB :FRANCHISE:CHANHASSEN.chan.wp 18 ORDINANCE NO. . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Chanhassen, Counties of Carver and Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non - energy related public utility service owned or operated by City or agency thereof including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Non - Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities. 1.7 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the General Counsel, Law Department, 414 Nicollet Mall, Minneapolis, MN 55401. Notice to City shall be mailed to the City Manager /Clerk at 690 Coulter Drive, Chanhassen, MN 55317. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right -of -way within the City. 1.10 Total Cost. Cost to Company for removing overhead Electric Facilities and replacing its function by installing underground Electric Facilities, including but not limited to, engineering, materials and labor, including overheads, less the depreciated value on Company's books of the overhead Electric Facilities removed and replaced by said underground Electric Facilities. SECTION 2. ADOPTION OF FRANCHISE 2.1 Grant of Franchise City hereby grants Company, for a period of 20 years, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance This franchise shall be in force and effect from and after its passage and its acceptance by Company, and its publication as required by law. An acceptance by Company must be filed with the City Manager /Clerk within 90 days after publication. 2.3. Service Rates and Area The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. However, during the term of this franchise, Minnesota Statutes, Chapter 216B, may be amended or repealed in a manner to: (1) allow City by franchise agreement or otherwise to directly establish service area boundaries between electric suppliers providing electric service within the municipal limits of City, or (2) permit City by franchise agreement or otherwise to establish service area boundaries which must be followed by the Commission in an application to it to revise service area boundaries previously established by the Commission, unless the Commission finds the requested revision would create an unreasonable duplication of facilities or such revision is for another reason not in the best interest of the public. If this occurs, City may by resolution direct Company to negotiate an amendment to this franchise agreement establishing such service area boundaries. If no amendment to this franchise occurs within 90 days after the date a written copy of such resolution is served upon Company, City may, upon 30 days prior written notice to Company, terminate this franchise by ordinance. Notwithstanding the foregoing, City shall not take any action which deprives Company of the right to provide service to any customer of Company existing at the time of City's action to terminate for the entire term of this franchise set forth in Section 2.1 unless Company, for its investment in Electric Facilities reasonably necessary to serve such customer, is duly compensated in accordance with the provisions of an applicable statute, or regulation thereunder, of the State of Minnesota for its investment and loss of revenue. 3 2.4. Publication Expense The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATION 3.1 Location of Facilitie Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. Under this franchise agreement the City does not relinquish its police power regulatory authority and Company does not relinquish its eminent domain authority. Company may abandon underground Electric Facilities in place provided at City's request Company removes abandoned concrete enclosed conduit interfering with a City improvement project if such conduit is uncovered as part of the City improvement project. 3.2 Field Locations Company shall provide field locations for any of its underground Electric Facilities consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 3.5 Shared Use of Poles Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.6 Building and Relocations Company, at the request of any person holding a building moving permit, shall temporarily remove, raise, or lower its overhead wires. The expense of such temporary removal, raising, or lowering of 5 overhead wires shall be paid by person(s) requesting the same, and Company shall have the authority to require such payment in advance. 3.7 Avoid Damage to Electric Facilities Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.8 Notice of Improvements The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. SECTION 4. RELOCATIONS 4.1 Relocation of Electric Facilities in Public Ways Except as provided in Section 4.3, if the City determines to vacate a Public Way for a City improvement project, or grade, regrade, or change the line of any Public Way at public cost, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Company shall relocate its Electric Facilities at its own expense. Company need not relocate at its own expense for an improvement in the Public Way performed to accommodate an adjoining landowner which improvement is conditioned upon such adjoining landowner paying the cost of making the improvement. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for Non - Betterment Costs on a time and material basis, provided .:0 that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 R elocation of Electric Facilities in Public Ground Except as may be provided in Section 4.3, City may require Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at Company's expense. 4.3 Projects with Federal Funding Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable Non - Betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver The provisions of Section 4 apply only to Electric Facilities constructed in reliance on a franchise and Company does not waive its rights under an easement or prescriptive right, or State or County permit. 4.5 Change to Underground If required by the City, Company shall change from overhead to underground, at City expense based on Company's Total Cost, in any area where: (1) the City requests underground lines and all other lines thereafter are changed from overhead to underground, or (2) any overhead line is changed to underground by the open trench with telephone and/or cable television, and Company can share trench at a cost not to exceed Company's pro rata share of the cost of the 7 trenching. Prior to commencement of construction by Company of any particular project, the City shall deliver a written commitment to pay the Total Cost for the project as estimated by Company. SECTION 5. TREE TRIMMING Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6.1 Indemnity of City Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled E: to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to CompanyCompany. In no case, however, shall City be liable to Company for failure to specifically preserve a right -of -way under Minnesota Statutes, Section 160.29. SECTION S. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE 9.1. Separate Ordinance During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee of not more than five percent of CompanyCompany's Gross Revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the 1 residential class of customers then on other classifications of customers shall not be effective against Company. 9.2 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.2.1 "Delivery Component" of electric service means the portion of the retail rate paid by the customer to compensate Company for the use of transmission and distribution facilities, including investment costs and all expenses of constructing, operating and maintaining such facilities. 9.2.2 "Discount Rate" means a reduced electric retail rate for a customer or class of customers approved by the Commission for service to a customer of Company located within City to respond to competition from the threat of (i) self - generation or (ii) the conversion of customer - equipment to use a form of energy other than electricity. 9.2.3 "Gross Revenues" means all sums received by Company from the sale or delivery of electricity to its retail customers within the corporate limits of the City, excluding any surcharge, sales tax, miscellaneous tariff charges or any similar addition to Company's charges to customers for the purpose of reimbursing Company for the franchise fee, sales tax, or similar charge. The term "Gross Revenues" shall also exclude all revenues received by Company from the sale of electric service provided under a Discount Rate. 9.2.4 "Supply Component" of electric service means the portion of the retail rate paid by the consumer to compensate the supplier for electric capacity and/or energy delivered to the consumer, including investment costs and all expenses of producing or purchasing such capacity and/or energy. 9.3 Discount Rate Adjustment If the City adopts a separate ordinance as described in Section 9.1, thereafter Company shall give City written notice of any Commission proceedings relating to implementation of a Discount Rate for a specifically identified customer within the City. In addition, if both a separate ordinance and a Discount Rate are in effect, Company and City may mutually agree by letter agreement that Company will collect a franchise fee on the Discount Rate [K equal to, or the equivalent of, the fee or tax the City would have received if the customer had elected to purchase the competing form of energy instead of electric service from Company. 9.4 Exclusive Electric Service Company has agreed to collect and pay any franchise fee imposed pursuant to this Section 9 only so long as the law allows Company to be the exclusive provider of both the Supply Component and the Delivery Component of retail electric service to its defined service area within the City. Company's exclusive service status is currently provided under Minnesota Statutes, Section 21613.37 et� If Company is no longer the exclusive provider of both the Supply Component and the Delivery Component of retail service within City, Company's obligation to collect and pay a franchise fee on such retail electric service shall terminate upon 20 days Notice to City. However, Company agrees to collect and pay any applicable franchise fee imposed by the City on the revenues from the Delivery Component of electric service provided by Company to retail customers located within the City under the applicable Commission- approved Delivery Component of Company's retail electric service rates. This franchise fee on the Commission- approved Delivery Component of electric retail service shall apply whether Company or another entity provides the Supply Component of the retail electric service to such customer. 9.5 Collection of the Fee The franchise fee shall be payable quarterly and shall be based on the Gross Revenues of Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. The time and manner of collecting the franchise fee is subject to the approval of the Commission, which Company agrees to use best efforts to obtain. Company agrees to make its Gross Revenues records available for inspection by the City at reasonable times. 11 9.6 Conditions on the Fee The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater percentage on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose of providing fuel for vehicles. 9.7 Exception to Equal Fee Requirement The requirement in Section 9.6 to impose an equal fee on any other energy supplier will not apply if the franchise fee is dedicated to paying the cost of undergrounding Electric Facilities belonging to Company provided that: (1) the City shall maintain such an undergrounding franchise fee in a separate account and shall not use it for any other purpose other than reimbursing Company for the cost of undergrounding its Electric Facilities; and (2) provided that collection of the franchise fee will terminate when the balance in the account exceeds the amount Company estimates is necessary to reimburse it for the cost of undergrounding projects, which the City has given notice of under Section 4.5 or which Company and City have otherwise agreed Company should perform on a reimbursement basis. Company will not terminate the collection of such a franchise fee without providing the City with at least 30 days prior written notice. After completion of all scheduled projects at the time of termination of the franchise fee, the City may use any remaining balance in the account for its general purposes. Any franchise fee imposed on Company as authorized by this Section 9.7 shall be the exclusive fee payable by Company under this franchise until the City, by ordinance, repeals the separate ordinance imposing the fee under this Section 9.7. SECTION 10. FRANCHISE REOPENER. After this franchise agreement has been in effect for ten years, the City may give Company Notice that City desires to amend this franchise agreement to incorporate specific provisions which Company has agreed to in the electric franchise agreement for two or more other cities of the second, third or fourth class in the seven - county metropolitan area, based on a franchise ordinance adopted by such cities after the date of this franchise agreement, which cities are identified in the Notice. If 12 Company refuses to do so within 90 days after receiving said Notice from the City, the City may terminate this franchise agreement upon 30 days prior written Notice unless Company gives Notice to the City within said 30 -day period that it will immediately agree to accept an amendment to this Ordinance incorporating the desired franchise provisions existing in two or more other cities as referenced in the City's Notice. The termination will not be effective until after completion of any dispute resolution proceedings under Section 2.5 commenced by Company within said 30 -day period, which proceeding confirms the City's action to be in compliance with this Section 10. SECTION 11. PROVISIONS OF ORDINANCE. 11.1 Severability Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 11.2 Limitation on Applicability This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 12. AMENDMENT This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager /Clerk within 90 days after the effective date of the amendatory ordinance. 13 PASSED AND APPROVED this day of December, 1997. I: Nancy Mancino Mayor of the City of Chanhassen, MN ATTEST: Don Ashworth, Manager /Clerk of the City of Chanhassen, MN 14 EXCERPTS OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF CHANHASSEN, CARVER AND HENNEPIN COUNTIES, MINNESOTA 19 A meeting of the City Council of the City of Chanhassen, Minnesota, duly called, convened, and held in accordance with law, was called to order by Mayor on the day of 19_, at o'clock .m. at the Council Chamber in the City. The following members, constituting a legal quorum, were present: Councilmember introduced a certain Ordinance No. entitled: AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF CHANHASSEN, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. and on motion made, seconded, and duly adopted, the above - entitled Ordinance was read. Thereafter a motion was made by Councilmember and seconded by Councilmember that the above - entitled Ordinance be adopted as read and in its entirety. NSP Reference: CHANHS -E -MIN. 11/19/97 On roll call the vote was as follows: AYES NAYS The Mayor then declared said motion duly carried and the above - entitled Ordinance duly passed and adopted, and ordered the City Manager /Clerk to publish the same in accordance with the law in such case made and provided. I DO HEREBY CERTIFY that I am City Manager /Clerk of the City of Chanhassen, Carver and Hennepin Counties, Minnesota, and that I am custodian of its records, that the above is a true and correct copy of a part of the minutes of the meeting of the City Council of the City held on , 19 City Manager /Clerk NSP Reference: CHANHS -E -MIN. 11/19/97 November 10, 1997 Mark Liftin Chanhassen Fire Dept 690 Coulter Drive P O Box 147 Chanhassen MN 5 317 Dear Mr. Liftin, Thank you for your invitation to host the Air Bag and Safety Class at your location. We at ABRA sincerely hope the information shared with your fellow employees will be very helpful. We are continuing to have classes for many Fire & Rescue Departments, North Memorial EMT and Minnesota State Patrol. Our goal is to continue bringing this information to as many departments as we can, with the hope that it will save many lives. Your dedication in training for your people is a credit to you. If you are ever in need of our services, please do not hesitate in calling. Again. thank you for your hospitality and concerns. We will send updated information as we receive it, by request. Sincerely, Butch Lysholm Continuing Education & Training Manager BL/dln U , / ^ �r t CORPORATE OFFICE � 6601 Shingle Creek Parkway • Suite 200 Brooklyn Center, ylN 55430 (612) 561 -7220 • Fax (612) 561 -7433 Alt. Fax (612) 535 -6433 ��^� St. Hubert Catholic Community 8201 Main Street Chanhassen, Minnesota 55317 F X�EL� OCT 31 . 1997 s October 31, 1997 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attn: Bob Generous RE: ST. HUBERT CATHOLIC COMMUNITY Dear Bob: VIA FACSIMILE 937 -5739 Per our telephone conversation, the following is my understanding of the planning issues remaining on the new St. Hubert Church and School at 8201 Main Street, along with our response to these issues. Landscaping - You have requested that two (2) more trees be planted in the parking lot areas, one in the island added to the south parking lot during construction and another in the landscaped area between St. Hubert's north parking lot and AUSMAR's parking to the west. In addition, landscaping north of the church needs to be completed, which was left out due to construction access to the church. These items will be completed as requested. 2. Meditation Garden - Completion of the landscaping in the meditation garden will be completed as described above. A statute of the Blessed Virgin Mary is intended to be placed within the garden. The church group donating this statute is in the process of finalizing their decision on which statute to purchase and we anticipate this statute will be installed by next spring. 3. Rooftop Screening - It is my understanding that there are two (2) rooftop units which you have requested be screened. These units are the library unit as well as one of the units located over the narthex. St. Hubert's position regarding this screening is tiiai we have satisfied this condition by painting these rooftop units as I believe has been permitted elsewhere in the City of Chanhassen. I hope that this letter adequately summarizes the issues which you feel are remaining on this project and that our responses above are satisfactory. If this is not the case, please give me a call at 936- 4457. Sincerely, David F. Bangassir St. Hubert Building Committee Member 0>> 1997 xc: Steve Torrell CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 November 24, 1997 Mr. David F. Bangasser St. Hubert Building Committee St. Hubert Catholic Community 8201 Main Street Chanhassen, MN 55317 Dear Dave: This letter is in response to your letter of October 31, 1997. Landscaping - As you agreed, all landscaping will be installed per the approved plans and our telephone discussion. If landscaping cannot be installed yet this year, the city will retain a portion of the landscaping escrow equal to 110 percent of the required landscaping. Meditation Garden - The city will accept your word that this improvement will be done. Rooftop Screening - The design standards for Villages on the Ponds specify that "all roof mounted equipment shall be screened by walls of compatible appearing material." You will need to develop a plan which screens all the roof top equipment from Main Street and Lake Drive. The reason this standard was included in Villages on the Ponds was to avoid having roof top equipment visible within this development. Once you have the plan prepared and approved by the city, you may either install the walls or provide the city with security to assure the walls installation. I hope this answers any questions you may have. As I advised you previously, if you do not agree with any of these requirements, you may appeal to the City Council. Sincerely, Robert Generous, AICP Senior Planner - Aplan \bg\dave bangasser st. hubert.doc U Z Z W November I8, 1997 F W > Ms Kate Aaneson KO-4 Z Director of Planning City of Chanhassen 690 Coultier Drive Chanhassen, MN 55317 RL 7 & 41 Crossing Shopping Center Chanhassen, Minnesota Dear Ms Aaneson, Attached please find a copy of the letter that was sent to Mayor Mancino and the four members of the City Council indicating the desire of Domino's Pizza to locate a second store in Chanhassen at the above referenced center and the problem that exists relative to the current EN zoning as pointed out byyour staff. As indicated in the attached letter, we hope consideration may be given to adding this specific use to those categories outlined under the conditional use section of the zoning rather then to require the rezoning of the property which wouldgive much broader rights relative to permitted uses than necessary or desired. It is our hope that this solution maybe acceptable allowing us to proceed with Mr. Ed Carr, the owner of the business. Thank you for any consideration you may provide in this matter. Sincerely, en Greene 5500 Wayz CtaBlvd. VI President Suite 1050 Minneapolis Minnesota 55416 Phone 612 -591 -2260 I=ax 612591 -2231 F �- A 17, 1.997 Z Als. NancyMar2c1110 f 6620 Galpin Blvd r� Eacelsior,llIN 55331 z RE 7 S 41 Crossings Shopping Centel• Chanhassen, AIN 55331 Dear• May ol• Manc111O, I am uniting on behalf of the owner of the above referenced shopping center and Mr. Ed Ca r•, owner of B1o0nlingt0n Pizza which opelates as Donilh0s Pizza. As y o u are m ost l aware, DOminos Fizza 1s a pizza dell vel y business Y4 operates prllllarlly from stlrp center's located in the neighborhoods which they service. m! : Carr recently opened another D011iblos Pizza location in Chanhassen located near High way 5 and whose appearance and opelatirTg practices have been exemplary. Mr: Carr and the Landlord have collie to an agreement of tern's wherebylllr. Carr would open a second location les at the above referenced location in Chanhassen, plr1lla1rly to ser'VICe the IlO 7 within one and one half miles of 7S- 41 Crossings. During the process of t� oiling with planning staff it became clear to the surprise of all, that a pizza delivery business is strarlgely 80111 t ellancy at this center due to the Cllr'1'ellt Ilelgl7boili00d bllsnless zolllllg. The pizza dellvel,' b usiness is a COIlllTlOn tenant K'ith111 S110pplllg cellterS Sllllllal to 7 &41 Cl OSSillgs, hoiL el'el'; It is Ilot u11C01111710n to] zolling t0 call fora special use permit. We d0 I10t believe 1110 o17g111?I ill fell t of the C111 1'el7 t zolllllg w to preclude this pa ticubl tlTe Of tenant, but t 0 co11t1•ol fast food tj77es of tenants. Dominos Pizz would fit applopl7ately wit11 other . uses Outlined in the zoning and It w ould seelll lItOS/ aplll - o - ate to add this classification, Pizza Delively, to the Olher classifications requiring ng a special use permit rather than to rezone the Centel. Birth the Landlord and Mr. Carr have enjoyed positive expeliellces wolb* I' - th the Clt}' Of Chanhassen in the past, and W e look forwar t0 wor1:111g ld'It11 you toward a 00111111011 Solution to this Sulpfislrlg colllpllcation. 1 ha e attached a copy Of fi le zoning code in question fol VOUI Irvlew as well �;...:. 1 • .: as a site p1a11 Ir7dICat111g f ile desired 100,11011 f01 the .Stolle. I w ould be pleased t o 711sw any questions w hich you 111,7 have 01 provide you with additional 111fO1r71.3t1011. Tllallkyou Ill advance f01 y0111 attellt10 t0 t 11s ill att e1: Sincerely, l Gr eell e er 1 sident FPQ1 -' CITY OF CHANHASSEN 11. Ora :r£ ZONING (2) ; The maximum lot coverage is fifty (60) percent. i (3) Tho building setbacks are as follows: a . For front yards, fifty (50) feet. b. For rear yards, fifty (60) feet. c. For side yards, fifty (60) feet. .(4) Parking setbacks shall be twenty -five (26) feet from all property lines. (6) The mWmum height is as follows: a. For the principal structure, threo (3) storiesNorty (40) feet. i b.. For accessory structures, one (1) story/Afteen (16) feet. (Ord. No. 128, 1 1, 8 - 12.90) F. 2 1 20 -692 8461. 20-686-40-690. Reserved, C-4-1 � s y — 1 i ARTICLE XV1. 'BN" NEIGHBORHOOD BUSINESS DISTRICT 860. 0.601. Intent. Th intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. (Ord. N o. 80, Art. V, 4 10(6 -10- 1),12- 16.66) Spo. 0 -612, Permitted uses. ThQ following uses are permitted in a "W' District: (1)I Convenience stores w ithout gas pumps. (2) Neighborhood oriented retail shops. (8). Self - service laundries. (4), Dry cleaning and laundry pick -up stations. (S)1 Day we center. (6)i Personal service establishments. M7 Profeaslonal offices. .(8), Small appliance and shoe repair shops. (9)! Health services. (19) Veterinary clinics. (11`) Utility senices. U ) Shopping center. (11) Private clubs and lodges. supp.No 9 1221 ROM CITY OF C'HANHASSEN 11.07.1997 09:`8 0.692 CHANH,A.SSEN CITY CODE (14 Community center. (Qrd. ti o. 40, Art. V, 1 10(5.10.2),12.15-86) Boo. �0 -603 permitted acoessory uses. Thi following are permitted accessory uses in a TN" District: (1) Pakking lots. (2)' Reserved. (8)� signs. (4)� Temporary outd lD r 6.10 9) 12, t i6 86;OrdeNor243n� 8f 2.18 Ord No. 240, � 20, (Ord. ! No. 80, Art. V, 7 +24 -> 5) i Bob. 0 Conditional uses- P. Th � following are conditional uses in a "BN" District: (1) 0onveniance store with gas pumps. (>Z)� Reserved. (8) Drive -in banks including automated kioaks. (4) Reserved. ( 6 >I Standard restaurants. (6) Bed and breakfast establishments. (Ord.' No. 80, Art. V, 10(6- 10-4), 12.16 -86; Ord, No. 116, Q 5, 1- 22.90; Ord. No. 120, 4(7), 6ttE laa reference- Conditional uses, M.S. 462.3595. i Soo, 20.695, Lot requirements and setbacks. i Tl)e following minimum requirements shall be obeerved in a TN" District subject to adds onal requirements, exceptions and modifications set forth in this chapter; z (1) The minimum district area is three (3) acres. This paragraph may be waived in the case of expansion to an existing district. (2) The minimum lot area is fifteen thousand (16,000) square feet. (8j The minimum lot frontage is seventy -five (75) feet, except that lots fronting on a cul-do -sac shall have a minimum frontage of sixty (60) feet in all districts. (4; The minimum lot depth is one hundred fifty (150) feet. (5) The maximum lot coverage including all structures and paved surfaces is sixty -five I (66) percent. gupp.;No. 9 1222 Or. C 1 ', DF CHA14HAL + +'� �' I Z ¢ 20.695 ONING I � (6) off- street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right -of -way, except as f provided in sections 20 -1191 and 20 -1192 pertaining to landscaping require - m�nts. b. C . i d. e. M There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. en it abuts a residential district without The minimum setback is fifty (60) feet wh being separated f rom the residential district by a street or railroad right•of- -way. The minimum setback is twenty -five (25) feet for side street side yards. Parking setbacks along public rights -of -Way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping, Screening through the use of fencing is not permitted. The maximum height is as follows: a, For the principal structure, one (1) story. b, For accessory structures, one (1) story. Minimum setback requirements: a. For front yards, thirty -five (85) feet. b, For rear yards, thirty (80) feet. C. For side yards, fifteen (15) feet. d, The minimum setback is fifty(50)feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e, Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty -foot buffer yard is to be provided where the interface occurs along a public street, a one - hundred -foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard Is intended to provide additional physical separation and screening for the higher intensity use. AS Who they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. Tv the extent deemed feasible by the city, new plantings shall be supp. No. 9 1223 r I I . C 1997 09:59 ;M CITY OF CHANHASSEN f CHWfi,ASSEN CI'T'Y CORE 20 {I tha minimum of maintenance, however, such maintenance as may designed to r equire be required to maintain consistency with the approved plan, shall be the obligation of the property owner, Buffer yards &hall be covered by a permanently recorded conservation easement r=ing in favor of the city. In instances where existing topography and/or vegetation provide buffering satiafac- tory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (60) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Or •. No, 80, Art, V, 4 10(5- 10 -5), 12- 15 -86; Ord, No. 94, §§ 1, 2, 7- 25 -88; Ord. No. 186, U IA, ivy �1�, •28.1) i 8o -09e. 'Interim uses. T e following are interim uses in the "BN" District: { ') 0hurches. (} Reserved. (Or . No. 120, § 9, 2- 12 -90; Ord, No. 248, 1 4, 2.18.95) ado 80.897. -- 20.710. Reserved. A TICLE XVII. "I3H HIG11WO AND BUSINESS SERVICES DISTRICT ec� 80.711. Intent. T e intent of the , BH" District is to provide for highway oriented commercial development t6st cted to a low building profile. (Or . No. 80, Art. V, § 11(5 lI -1), 12- 15 -f36) Saa� 20.718. Permitted uess. + following uses are permitted in a I'M' District: (1) FXnancial institutions. (�) Fast food restaurant. (3) Reserved. (�) Standard restaurants. (�) Motels and hotels. () Offices. ( II > Retail shops. (E3) Miniature golf. I 6uppf No. 9 1224 YOUNG AMERICA 2497 7 i -I 2473 I / 1965 SQ FT 1460 SQ FT 3900 SQ F`F SUBWAY VIDEO UPDATE SERVICE ROAD HAIR SALON PET CLIPS 2461 \ 2455 500 SQ FT 2 1200 SQ FT 744 t NORTH PARKING LOT ORIENTAL RESTAURANT SUPER AAIERICA JERRY'S FLOOR STORE 7 & 41 CROSSINGS CENTER CHANHASSAN, MINNESOTA 55331 25,788 SQ FT SMOKER'S HAVEN wire •��i SQ FT DOMINOES PIZZA DATE: TO: FROM: SUBJECT November 20, 1997 N S 4 A a P Mayor Mary Meuwissen, Victoria C Administrator JoAnne Kopet, Victoria Public Safety Director Scott Harr, Chanhassen Sheriff Al Wallin, Carver Sheriffs Office Chief Deputy Robert Bergmann, Carver Sheriffs Office Mr. Ales Wilson, 7080 Kings Road, Victoria, MN Carlson Excavating, 4141 Kings Road, Victoria, MN Capt. R. G. Holt f* Complaint by Mr. Ales Wilson of Illegal Parking & Other Nuisances along Kings Road. For the past several years, Mr. Alex Wilson has maintained that the excavating business operated by the Carlson family, has caused serious public safety issues. Specifically, it has been alleged by Mr. Wilson that large motorized equipment has been parked along and upon Kings Road in such a manner as to render the road impassable as a result of blocked vision and the forced narrowing of the traffic lanes. As a result of these complaints, Officers assigned to the 4800 and 2800 districts were directed to increase patrol along Kings Road for a two week period beginning October 26`" and running through November 12',1997. The officers were additionally instructed to report their findings with regard to any illegal activities. This is the second time that such an effort has been put forth. The results of this effort are as follows. DATE TIME OFF_ OBSERVATION 10 -25 -97 1310 843 No Problem 10 -25 -97 1715 827 No Problem 10 -29 -97 1700 819 No Problem 10 -29 -97 1003 848 No Problem 10 -29 -97 1107 848 No Problem 10 -30 -97 1324 843 No Problem 10 -30 -97 0634 848 No Problem 10 -30 -97 1303 848 No Problem 10 -30 -97 1815 827 No Problem 10 -30 -97 2220 827 No Problem 10 -31 -97 1040 843 No Problem 10 -31 -97 1745 819 No Problem 10 -31 -97 0846 848 No Problem 10 -31 -97 1311 848 No Problem 10 -31 -97 1410 865 No Problem 10 -31 -97 2117 827 No Problem Page #2 Alec Wilson Complaint Continued DATE TIME OFFICER OBSERVATION 11 -1 -97 0840 865 z No Problem 11 -1 -97 1250 865 No Problem 11 -5 -97 1330 843 No Problem 11 -5 -97 2015 819 No Problem 11 -5 -97 2230 827 No Problem 11 -5 -97 0813 848 - No Problem 11 -5 -97 1430 848 No Problem 11 -6 -97 1010 843 No Problem 11 -6 -97 1635 819 No Problem 11 -6 -97 0745 848 No Problem 11 -6 -97 1459 848 No Problem 11 -6 -97 2012 827 No Problem 11 -7 -97 2005 819 No Problem 11 -7 -97 0613 848 No Problem 11 -7 -97 1400 848 No Problem 11 -7 -97 2305 827 No Problem 11 -8 -97 1910 819 No Problem 11 -8 -97 0630 848 No Problem 11 -8 -97 1401 848 No Problem 11 -8 -97 1400 865 No Problem 11 -11 -97 1240 843 No Problem 11 -11 -97 2030 827 No Problem 11 -12 -97 1014 843 No Problem 11 -12 -97 1730 827 No Problem As can be seen, the checks performed by the Officers covered the majority of day and evening hours. In every instance there were no problems observed. The conclusion drawn from this survey is that though there may very well have been isolated instances of events which have distressed Mr. Wilson over the years, they are not happening with enough frequency that the Officers are coming upon them. Our proposed plan is to continue routinely patroling Kings Road, but no more or less than any other public roadway within Chanhassen or Victoria. In addition, Mr. Wilson has been advised to call the Sheriffs Office should he observe what he feels to be either a violation of the law or other nuisance issue. Should anvone have any additional questions with regard to this matter, please contact me at my direct dial number of 361 -1202. y