4. Triax Outage Credit.4
CITY OF 4
tfT 1 J�J ITT
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Todd Gerhardt, Assistant City Manager
DATE: October 27, 1997
SUBJ: Triax Outage Credit
I received a phone call this past week from Triax requesting verification regarding the "Cable TV
Outage Credit." This past month Triax submitted a list of street names where they felt the
trouble areas existed and will provide a 20% credit.
Triax has now agreed to the 25% credit as requested by the city council. If we get verification
from the city council at Monday night's meeting, Triax could provide the credit in their next
month's billing cycle.
I had Brian Grogan (our cable attorney) review the Triax's proposal and asked his opinion on the
settlement. Mr. Grogan recommends that we accept Triax's proposal as, legally, they are not
obligated to give a credit unless "service has been interrupted or discontinued for a total period of
more than 48 hours in any 30 day period." Mr. Grogan is also reluctant to push the issue because
a large percentage of the outages were due to both public and private road projects that cut
Triax's cable (i.e. Lyman Boulevard, Villages on the Pond, etc.).
Councilman Senn would also like to add Kurvers Point, Colonial Grove, Lotus Lake Estates, Fox
Hollow and Near Mountain to the list.
g: \admin \tg \triaxcredit.doc
MEMORANDUM
FROM LF1RK I H HO FFMAN
1
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T riax
M emaranchnn
09 .2 2 . .
1 997 17: 35 F .
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PAUL PECO1?A
RAGIONAL MAINAIUR
TFUA CABUMSION
1504 2M ST. SZ P.C). RoX 110
WMWA, SIN 56099
(50 7) 833 W5
To: Jana Bremer and Tom Cardwell
From; Paul Pocara
Date; September 22, 1997
Subject: Ch asson Servic e Comdits
Below is a list of stroets which we have identified as having service related outages during the last few
mantles. According to our cccards, them are approximately 564 active homes in these grcas,
XjS$1Qn
Mission Hilly Drivecowt/Gme
omission Hills Way W. ,
Mission Hi[is Way E.
Marshl�d .Trsi1
Frisco Court
Mayfield Court
Tisua Lane
Monk Court
Rica Court
Blackbird Court
Hesrtloc} Court
X00 Black to 900 Black of 86th 3t.
Chaphasion 1901s 5u1,,df Inn
Chanhassen Hills Drive S. Kingfisher cxouxt
Ch assess Hills Drive N. Audubon load
Mary Jane Ckele 7900 to 9000 Block of Great plains. Boulevard
Lake Susan Court
Lake SusanDrive
Barbara Court
Oak Side Cire'le
Lyman Court
Co=erce Drive
5paanbill Cir
Mallard Court
FROM LARK I H HOFFMAN
Page 2
Chanhassen co Credits
LAA SO-Un U1115 S lh�t��gio
LssOx Read
Suffolk Drive
Lakc Susan Hills Drive
West Lakc Court
West I.4ke Diive
Dove Court
drake Court
Egret Court
Pelican Court
Powers Fine
Worn Court
F!$rlwngp Drive
Merganser Court
Thush Coact
Ibis Court
131uebltl Trial
Osprey Lane
Heron Driv
Sw&n Court
Bittern Co
A 119 Lane
Alisa Court
Lake Drivc'West
Rid$0trall North
RidgOtrai] South
Valley Yew
Valley View Court
VallOY Mow Place
Sunridge 't`rai[
Valley Ridge Trail
09. 22. 1997 17:
P. r
As we discussed with the Members of City Council , I propose giving these subsctibers a 20% credit on
their total monthly setvice rate, In additjp,4 I propose gi ving a 10% credit to those customers Who live an
Willow View Cava as they were affected by it bad tntnlc amplifier. This problem was iven to us by
COUnallman Sony as he Jives in this area. The pity Co g
unoil may a��a wbt�dcr if a credit should ba given to
the etttir10 community dui to an, intermittent fiber optic transmitter problem which is listed on the aut�
log T O my knOwledge, g
the tr�smitter has caused a problem sfx times ire the fast throe months �d as a
result, no additional credit should ba liven $.s the e o�'this �rabtem was generally Aprt lived.
] PIeasc let me lctYaw if additional Womation is needed.
FROM L ARK I N HOFFMAN 09. 2 ' . 1'� �+ r 1 34
LARKIN, HOFFMAN ITALY & L1NDC3REN, LTD.
ATTORNEYS AT u►w
1600 NORWEST FINANCIAL OMER
7900 XERXES AWN SOUTH
J on# E, Sror BLOOMINGTON, MINNESOTA 65431.114#
DIR, DIAL (02) 848 . 3 267 TELEPHONE (012) 836 .3804
WAIL jbrsM6rQIhdL00+n FAX (612) 896.033
September 22, 1997
Brian T. Grogan, Esq. VIA. FACSINYILE
Moss 8c Barnett
4$00 Norwest Center`
90 South Seventh Street
Minneapolis, MN 554024129
Re; City of Chanhassen, Minnesota
P. 2
�r
Dear Arian;
Thank you for your letter of September 17, 1997, regarding the summary of information to be provided
by Triax Midwest Associates, L.P., (Triax), to the City of Chanhassen. Our response is in order of the
requested information:
1. Detailed written report regarding service outages and problems have occurred within the City over
the past several weeks. The requested report is attached.
2. Subscriber credit information, See Attached.
3. Triax will provide a plan to provide "pro- active" communication with Todd Gerhardt which should
occur at least twice monthly. Truax would propose that in addition"to the reports Todd will be
receiving updating outages and problems consistent with our response to Question No. 1 herein, we
would suggest a biweekly conference call between Todd and Regional Manager. Paul Pecora to
review and discuss any outstanding issues, Further, many communities have found it very helpful to
provide a written summary of a customer complaint for the Company's written response. The
attached form is used by many communities in the motropalitar, area and may be something
Mr, Gerhardt would find more convenient in reporting and tracking customer complaints from
Chanhassen citizens,
,5 evv; c e CjL accord
FROM LARK I N HOFFMAN Fig. 22. 1 9 9 7 17:34 P. 3
LARKIN HOFFMAN DALY & LINDORENp LTD.
so Brian T. Grogan, Esq,
September 22,1997
Pa a 2
We appreciate the opportunity to work cooperatively with the City toward the discussion and resolution
Of any issues affecting Chanhassen cable subscribers, We will continue to make ourselves available at
any time and will be happy to answer any questions you might have.
Sincerely,
I�
J e .Bremer, for
LARKIN, HOFFMAN, DALY & LINbaR,EN, Ltd.
Enclosure
cc: Todd Gerhardt (via facsimile)
Ric Hanson
Paul Pecora (Wenclosures)
0332679.01
FROM LfIRKIN HOFFMAN
Triax cablevision
OUtage Summary - August
22.1997 17 5 F'• `
A
t;nannassen, MN
Date
Location _ 1 ..*40 Problem
8104/97 White Dove Dr.
Bad Line D #ende Am fear
1 ■ , • Ii i
8109/07 Fiber Nods
8115/97 lntermlftent l W Loss ! per Chan els
1 1 Lake RlI Cable Road Construction Crew
8/27/97 Lake Rif Blvd
18/28/97 Fiber Node Cut Cable' Road Construe'tion Craw
Replacemcint of Laser Transmitter.
8/29/97 Lake Riley lid Tr ,
lln Cut Cabla w Road ConstrucUon CrOw
4