Work Session 03-21-19941
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FROM:
DATE:
' SUBJ:
CITY DON A
CHANHA A
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mayor and City Council
Don Ashworth, City Manager
March 16, 1994
reffli"A
Work Session Items, Monday evening, March 21, 1994, 5:30 p.m., Courtyard
Conference Room
Senior housing and affordable housing were both scheduled for Monday evening. Unfortunately,
one of the three groups proposed to be making presentations was forced to cancel. In some ways
I find that this may be of benefit in that it is highly likely that the HRA will be called upon to
` help in funding one or both of these projects. Accordingly, I would propose that the affordable
housing/senior housing items be postponed to April 21- -the joint City Council/HRA work session.
' Several of the following items will logically not be concluded Monday evening. Hopefully staff
will be able to get direction as to where the city council is coming from so as to insure that
future sessions are productive.
' Items proposed to be discussed Monday night include:
1. Joint City Council /Commission Meetings: The city council asked staff to go back to each
of our commissions asking them for suggested dates° in April for joint sessions. The city
council also acted to state no. additional.work sessions would be considered for April.
Attached is the recommended dates as selected by each of the commissions. I would
suggest that the council determine whether these dates are acceptable or not. Recognizing
that five sessions are being proposed, there ; is a strong likelihood that one or more of
� these dates will not work. If conflicts do occur, I would suggest that the council ask that
particular commission to select two alternative dates in May.
2. \' Gambling Regulations This is one the items that I sincerely doubt will be concluded
Monday evening. However, if staff were given general direction as to what the council
wishes to achieve, we could prepare options fora future work session.
' Liquor i uor License Limitations n
2 a Same c omme n t as above.
MEMORANDUM
Mayor and City Council '
March 16, 1994
Page 2
4. Gateway Entries -- Dakota Great Plains Market Boulevards and County Road 17 Same
comment as above.
5. Cable TV : Attached are the enclosures as resented to the city council at '
p ty oun the time that
the council called for the public hearing to consider filing for rate regulation. As the
council may recall, that evening's agenda went well past midnight and no one really '
wanted to discuss the report at that point. Staff will attempt to highlight salient points
in the attachments on Monday evening. The discussion could very well generate a '
request for additional background materials prior to the official public hearing (3/28).
6. City Hall Expansion Selecting a work session date for this item is recommended. '
Additionally, I would like to seek council direction as to how that presentation should be
made.
Y -" 1994 Goals The work session whereat the 1994 goals were presented ran past our 7:30 '
p.m. cut off time. Accordingly, we really did not get an opportunity to list goals or
objectives that the city council would like to see added to the lists presented by our '
commissions. If the council is in agreement with our commission's /staff
recommendations -fine, but I did want to have the opportunity to verify that that was the
Y ..
case. ,
8. 1994 Legislative Session Various bills are working their way through the Capitol. A
short update is proposed f '
9. Future Work Session Items We have completed most of the work session topics as
originally prepared by the city council at the first of the year. I have asked Karen to '
prepare a new blank page 2 for potential "adds."
When I started this memorandum, I was fearful that we would not have enough items to warrant '
meeting Monday evening. As I conclude this memorandum, I am fearful that we will not make
the 7:30 p.m. cut off time. As none of the items can be classified as "critical," I would suggest
that we simply quit at 7:30 p.m. regardless of where we are. The council may wish to rearrange ,
the agenda.
See you Monday evening. ,
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MEMORANDUM
CITY OF 5
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: February 28, 1994
SUBJ: Consider Setting Official Public Hearing Date for Rate Regulation, Triax
Cablevision, March 28, 1994
Note: Should the city council not have sufficient time to discuss this item Monday evening, I
would suggest that, at a minimum, we set the official public hearing date for March 28,
1994. Discussion on the item could reasonably occur as a part of the hearing itself. The
necessity for taking action Monday evening recognizes that we must give Triax a 14 day
notice in advance of the hearing which would preclude March 14 and must give Triax an
additional 30 days following adoption of the rate regulation ordinance before we would
be allowed to certify for rate regulation. The current deadline for filing is May 15, but
major changes in the calculations for rate regulation continue to be considered and it is
likely that further delays in filing may reasonably occur. Our actual filing date should
correspond with the most recent regulations which, again, have probably not yet been
formulated. On the other side, if extensions are not granted, we need to be in a position
of being able to certify prior to May 15.
BACKGROUND
The 1992 Federal Cable Act provided the intent of the federal government to establish regulations
and to allow for local rate regulation. The responsibility for determining "benchmarks" was left
to the FCC. Since passage of the Act, the FCC has continued to disseminate the "new
regulations" along with the " new" method to calculate benchmarks. Unfortunately, each set of
"new regulations" is followed by another set of "new regulations." Each change has prompted
the FCC to give local municipalities a new target date for completing its filing application
process under the "new rules." In November of 1993, the FCC moved the filing deadline out to
May 15 in light of the fact of changes that had been made at that point in time. On February
22 the regulations were once again changed and it is very likely that the May 15 deadline may
Modify Franchise Agreement As noted above, the primary reason to immediately file '
for rate regulation is to insure that we get ahead of a potential request from Triax for a
rate increase. Therein also lies the solution. Triax would agree to an amendment to the
existing franchise that would state that they would give us 90 days notice prior to '
attempting to put into effect any form of rate increase. Since all of the documentation
is basically done to effectuate rate regulation, we could in effect complete that process
within the 90 days and insure that the proposed rates were in comparison to the
benchmarks in existence before that request had been filed; or
A "Me Too" Modification to the Franchise As the Lake Minnetonka group of cities has '
already gone through the rate regulation process and has determined that their current
rates (our current rates) are under the benchmarks, we could ask Triax if they would agree
to a franchise modification which would basically say that Triax rages for Chanhassen '
would not exceed the rates for the Lake Minnetonka cities. The modification could also
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Mayor and City Council
February 28, 1994
Page 2
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once again be moved to July or August. However, until official notification is received that in
fact the May 15 date has been moved, the City of Chanhassen should insure that it has completed
all of the necessary steps to insure that we could file for rate regulation on or before May 15.
'
The two primary steps in that process are the notification back to Triax of our intent to hold an
official public hearing whereat 1) an ordinance would be adopted filing for rate regulation and
2) providing Triax with a 30 day period to complete their calculations which must be submitted
with the application to the FCC.
ANALYSIS
'
Mayor Don Chmiel favors going through the rate regulation process. His experience with rate
regulation leads him to believe that it is a good process. Secondarily, Don has seen Triax
'
continue to fail to live up to various commitments that they have made and, I think it is fair to
say, that he doubts that they will live up to those in the future. My primary reluctance is simple-
- money. Triax is currently below the federal "benchmark" rates. The 15 south lake communities
also have Triax and the rate structure between those communities and Chanhassen's is identical.
The Lake Minnetonka group has previously filed for rate regulation and have found that, again,
Triax is below the benchmarks as existed in September or October. They now need to modify
their previous process to meet the new regulations. The initial filing cost for them was $10,000.
We have spent approximately $2,500 to analyze the existing franchise agreement (copy
submitted to the city council) and to complete background work necessary if rate
'
previously
regulation is pursued. The primary advantage of filing for rate regulation is that such would
ensure that the benchmark rates for our community would be the rates that are basically in effect
today as compared to the federal levels. If we did not file for rate regulation and Triax were to
'
provide notice to us of a proposed increase, and we subsequently filed for rate regulation, the
new rates would be the benchmark and we would not be in a position to object to that rate
increase. Alternatives to immediately filing for rate regulation include:
'
Modify Franchise Agreement As noted above, the primary reason to immediately file '
for rate regulation is to insure that we get ahead of a potential request from Triax for a
rate increase. Therein also lies the solution. Triax would agree to an amendment to the
existing franchise that would state that they would give us 90 days notice prior to '
attempting to put into effect any form of rate increase. Since all of the documentation
is basically done to effectuate rate regulation, we could in effect complete that process
within the 90 days and insure that the proposed rates were in comparison to the
benchmarks in existence before that request had been filed; or
A "Me Too" Modification to the Franchise As the Lake Minnetonka group of cities has '
already gone through the rate regulation process and has determined that their current
rates (our current rates) are under the benchmarks, we could ask Triax if they would agree
to a franchise modification which would basically say that Triax rages for Chanhassen '
would not exceed the rates for the Lake Minnetonka cities. The modification could also
r
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Mayor and City Council
February 28, 1994
Page 3
require that they submit all documentation required by the Lake Minnetonka group to
verify that the then current rate structure or proposed increase did meet the federal
' regulations and benchmarks. Both this option and the option listed above does have the
one primary benefit of not spending money in advance of the time frame that it would
absolutely be necessary to do such. I previously noted that we have spent approximately
$2,500 to get us into a position of rate regulation. I would anticipate an additional $2,500
being spent if we go through the hearing process and make the filing to FCC including
comparing the benchmarks given to us by Triax in comparison to the federal standards.
' If I felt that this would be one time expenditures, my reluctance to move ahead with rate
regulation would not be as strong as it is. Specifically, with the continuing changes as
to how to carry out rate regulation, what benchmarks will or won't be included,
measurement of the various tier systems, etc., all means that we will simply keep
spending $2,500 and $2,500 and $2,500. I know the Mayor is also very concerned about
this aspect and unfortunately I don't know that either of us has a good solution to avoid
' those types of future costs.
As stated earlier in this memorandum, resolving all of the issues presented in this memorandum
this evening is probably not necessary. I do believe that it is necessary though to call for the
official public hearing and March 28 is being recommended for such.
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On February 8, 1994, the Federal Communications Commission (FCC) eztended its
LA O FFICES
freeze of regulated cable service revenues from February 15, 1994 to May 15,
MOSS & BARNETT
'
time to familiarize themselves with any modifications to the FCC's rules that
A PR OMMONAL ASSOCIAnoN
the FCC may adopt later in February when it considers pending petitions for
4800 NO RWEST VENTER
the freeze will facilitate and orderly implementation of any new rules that
90 SOUTH SEVENTH STREET
MINNE APOLIS, MINNESOTA 55402-4119
'
TELEPHONE )612) 347.0300 TELEConn 16121 339 -6686
'
As of January 31, 1994, the FCC had received applications
certification from local franchising authorities covering approzimately 7,534
COUHMCATIONS UPDATE
TO:
Moss S Barnett Rate Regulation Clients and Interested Persons
,
FROM:
Adrian E. Herbst
Brian T. Grogan
any such new rules.
'
Cable operators may petition the FCC for relief from the freeze if the
DATE:
February 11, 1994
"threatens the viability of continued provision of cable service."
RE
FEDERAL COMMUNICATIONS COMMISSION EXTENSION
expressed regarding "potential inequities for the industry, consumers and
OF RATE FREEZE
'
On February 8, 1994, the Federal Communications Commission (FCC) eztended its
freeze of regulated cable service revenues from February 15, 1994 to May 15,
1994. The FCC emphasized the eztension was necessary to give effected parties
'
time to familiarize themselves with any modifications to the FCC's rules that
the FCC may adopt later in February when it considers pending petitions for
reconsideration of the cable rate regulations. The FCC also indicated that
the freeze will facilitate and orderly implementation of any new rules that
the FCC may adopt later in February.
4,896 for
'
As of January 31, 1994, the FCC had received applications
certification from local franchising authorities covering approzimately 7,534
communities serviced by cable. The FCC considers the freeze eztension to be
the minimum time period necessary for franchising authorities and other
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affected parties to familiarize themselves with any new rules the FCC may
adopt and to prepare to regulate cable operators before the effective date of
any such new rules.
'
Cable operators may petition the FCC for relief from the freeze if the
operator can show that the freeze is causing "severe economic hardship" or
"threatens the viability of continued provision of cable service."
'
In a separate statement by FCC Commissioner Andrew C. Barrett, concern was
expressed regarding "potential inequities for the industry, consumers and
franchising authorities that may result from the cable rate regulation
proceeding, especially to the eztent that the public's confusion may continue
to increase." Commissioner Barrett vent on to emphasise his concern that the
,
FCC has created a "fundamentally inequitable situation for cab r tors by
forcing critical business decisions based on benchmark stan�a ire are
subject to revision, and without either the cost -of- service j nci lees or
rules that the Commission ultimately will adopt."
�XY OF CHANH..�_
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MOSS & BARNETT
A PROFESSIONAL AssocunoN
The extension of the rate freeze from February 15, 1994 to May 15, 1994 will
not impact cable operator's obligations to respond to franchising authorities
who have requested rate information via FCC Form 393. However, given that the
FCC is likely to adopt significant revisions to its rate regulations on
February 22, 1994, it may be prudent for franchising authorities to delay
action, if possible, until the FCC clarifies applicable regulations.
Should you have any questions regarding these matters, please do not hesitate
to contact us.
BTG/
825Z140
A ETRO CABLE NETWORK
Cc e-
105 5th Avenue South, Sufte 485 • Minneopoli MN 55
(612) 339 -3221 /FAX (612) 339 -31f
November 3,1993
The Honorable Don Chmiel
City of Chanhassen ,
P.O. Box 147
Chanhassen, Minnesota 55317
Dear Mayor Chrniel:
Early last year, even prior to the passage of the new federal cable legislation, '
MCN /6 agreed with the request of both Triax and the Lake Minnetonka Cable
Commission to temporarily discontinue our signal on channel 6. '
For several years MCN /6, LMCC and Triax have been unable to determine how
best to solve the reception problems associated with the microwave transmission ,
of our signal to Mound.
Enclosed, for your review, is copy of a report of options compiled on this subject. '
We have heard from a number of Triax subscribers who express great interest in
our community news and information channel; we're pleased with the increased '
interest in our programming. We certainly would welcome a cost effective and
workable solution.
Many thanks for your October 26 letter and words of encouragement. We're '
working on i
Sin re
Charles A. Slocum
Executive Director
enc. '
do
Jim Daniels, LMCC '
Rick Finch, Triax
t
A ETRO CABLE NETWORK 105 5th Avenue South, Suite 485 • Minneapolis, MN 55401
(612) 339 -3221 /FAX (612) 339 -3169
'
LAKE MINNETONKA CABLE: TRANSMISSION OF MCN/ CHANNEL 6
OPTION
ISSUES
ESTIMATED COST
Standard
Reception unacceptable because of line of
Provided; value
sight between Pillsbury and Mound head
$6,500 /yr.
'
end.
694
It may not work since signal is amplified
$25K; technical quality
'
Overpass
too many times prior to reaching head end.
not assured.
American
No Channel space available for IDS trans-
Monthly Charge of $17.95
Wireless
mission of new 22 Channel service to home
plus new equipment costs.
subscribers. New equipment costs in Mound
undetermined. Direct competitor to cable
'
operating companies.
Bicycling
of Tapes
Timing; cost of tapes; cost of added personnel
for MCN /6 Triax in Mound. Equipment Cost.
$3K /mo. payroll; new
equipment in Mound $50K.
Satellite
Technology exists but changing; MSC
currently sends signal to area.
Estimated $100 K /Mo.
with Teleport Minnesota.
Microwave
Apply for special microwave license;
$60K one time cost;
'
transmission
special arrangements with third party.i.e.
maintenance $5K annually
Paragon.
plus add -ons.
Paragon
Paragon fiber is several miles from
To be negotiated; fiber
hook -up
Triax /Lake Minnetonka hook -up.
costs $50K /mile (est.)
UNITE
Channel space was not available for 24
Value at least $500 /mo.;
U of M
hours /day service to Mound.
one time $60K charge.
'
US West
Fiber lines carry signal to IDS; then
$1,800 mo. roof rental /fiber
Fiber
transmit to Mound head end.
cost; one time transponder/
'
receiver costs of $60 K.
I Presented to Lake Minnetonka Cable Commission 1/19/93
t
October 26, 1993
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 9 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 .
L I
Mr. Chuck Slocum
Metro Cable Network
105 Fifth Avenue South, Suite 485
Minneapolis, MN 55401
Re: Chanhassen, Minnesota
Our File No. 27981.1
Dear Mr. Slocum:
On June 11, 1993, the City of Chanhassen received a letter from Ms. Jane Bremer, legal counsel
for Triax Midwest Associates, L.P. ( "Triax ") indicating that Triax has removed programming
supplied by regional Channel 6 from its cable television system because the signal Channel 6
provides fails to meet the new federal technical standards established by the Federal
Communications Commission (a copy of Ms. Bremer's letter is attached for your reference). Ms.
Bremer goes on to indicate that Triax intends to carry C -SPAN lI in place of regional Channel
6 until such time as the region Channel 6 signal meets federal technical standards.
On behalf of the City of Chanhassen, i would like to express our appreciation for the
programming provided by regional Cbaanel 6.. We voy much appreciate the political
programming which airs on the regional channel, in particular the coverage of state legislative
proceedings and related matters. The City of Chanhassen will truly miss the variety of "local"
programming which the regional channel has provided to the residents of the city. We are
hopeful that regional Channel 6 can work with Triax and other area cable operators to develop
a technology which will facilitate the provision of an adequate signal which complies with all
applicable federal technical standards. _.
Once again, we wish to emphasize our support for the programming and other endeavors of
regional Channel 6 and are hopeful that your signal can be carried on the Triax system in the
very near future. If we can assist your cause by contacting our state representatives to encourage
11
October 26, 1993
Page 2
a new means of transmitting the regional Channel 6 signal, please do not hesitate to contact us.
In the meantime, please keep us updated regarding the status of this issue and any feasible
mechanisms which will bring about its resolution.
Sincerely,
Donald el
Mayor
DJC:k
Attachment
As you may know, federal technical standards were amended effective
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June 11, 1993
The Honorable Don Chmiel
-
City of Chanhassen
P.O. Box 147
'
Chanhassen, MN 55317
Dear Mayor Chmiel:
This office serves as counsel to Triax Midwest Associates, L.P. ( Triax),
the cable television operator providing service in
your community. The
purpose of this letter is to inform you that Triax
is compelled as a
'
matter of federal law to
remove Regional Channel 6
from its cable
television system as the
signal it is providing fails to meet the new
federal technical standards
established by the Federal Communications
,
Commission (FCC) .
As you may know, federal technical standards were amended effective
'
December 30, 1992, significantly upgrading the signal quality requirements
for cable television services. fi= 47 C.F.R. Part subpart R,
§ 76.601, = eeQ (1993). Recent proof of performance tests conducted
pursuant to the above - referenced rules reveal that the signal provided by
'
Regional Channel 6 does not meet one or more technical standards required
by these new rules. As a result, the signal may not be carried on the
cable system as a matter of federal law. .
I
Triax intends to carry C -SPAN II in place of Regional Channel 6 until such
time as the Regional Channel 6 signal meets federal technical standards.
Subscribers will be notified of this change in this month's bills as well
'
as on- screen announcements on Channels 8 and 19. Copies of the proof of
performance tests are available for public inspection.
'
On behalf of Triax I would be happy to respond to any comments or
,
questions you may have. Although it is never our desire to make
LAF v, HOrFmAN, DALY & LarDGM, L
The Honorable Don Chmiel
June 11, 1993
Page 2
unanticipated changes, we are obligated to comply with federal law in this
' regard.
If you have any comments or questions, please do not hesitate to contact
me. Thank you for your consideration.
Sincerely,
J E. Bremer, for
LARKIN, HOFFM;LLq, DALY & LINDGR N, Ltd.
cc: Ric Hanson
' Robert Langley
1
JEB:gev:1028
Mr. Don Ashworth
City Manager '
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317 '
RE: Cable Television Commitee
Our File No. 27981.1 ,
Dear Don:
Enclosed herewith please find the Agenda for the November 22, 1993 Cable
Television Committee Meeting. Please call me if you have any questions
regarding the items on the Agenda. I look forward to seeing you on the 22nd.
Very truly yours, '
MOSS & BARNETT '
A Professional Association .
Brian T. Grogan '
BTG /slo '
85ZBTG
Enclosure
cc: Mr. Bob Langley, Triaz Cablevision (w /enclosure) '
Ms. Jane Bremer (w /enclosure)
Adrian E. Herbst, Esq. (w /o enclosure)
RECEIVED
NOV 19, 1993 ,
CITY OF CHA lihA6SEN
LAW OFFICES
MOSS & BARNETT
A. PROFESSIONAL ASSOCIATION ,
HERMAN J. RATELLE
EDWARD J. BLOMME
4800 NORWEST CENTER
LAURA J. McKNIGHT
BRIAN T. GROGAN
PATRICK F FLAHERTY
ANN K. NEWHALL
STREET
SUSAN C. RHODE
CORY LARSEN SETTENGA
DONALD E. WIESE
MICHAEL J. AHERN
90 SOUTH SEVENTH
THOMAS M. HUGHES
DANIEL P. DAMOND
PAUL VAN VALKENSURG
PHILLIP GAINSLEY
MINNEAPOLIS, MINNESOTA 55402 -4129
J. MICHAEL COLLOTON
SCOTT A. ABDALLAH
MICHAEL L. FLANAGAN
W. SCO77 HERZOG
WAYNE A. HERGOTT
JEFFREY L WA-
THOMASJ SHROYER
DALE WAGNER
-
TELEPHONE (612( 347 -0300
NICK HAY
JEANNE K. STRETCH
REESE E. CHEZICK
OF COUNSEL
,
JAMES I. O'BRIEN
BARBARA G. STUART
M. CECILIA RAY
MILDA K. HEDBLOM
PAUL G. NEIMANN
DAVID P. JENDRZEJEK
TELECOPIER (612( 339.6686
PAUL T. EIDSNESS
EDWARD L. WINER
DANIEL). GOLDBERG
JOSEPH R. KLKIN
RETIRED
ADRIAN E. HERBST
CURTIS D. SMITH
TIMOTHY E. WUESTRNHAGEN
J. BRAINERD CLARKSON
WILLIAM N. KOSTER
DAVE F. SENGER
ANN M. MEYER
FREMONT C. FLETCHER
WILLIAM A HAUG
LOUIS J. SPELTZ
VINCENT J. FAHNLANDER
VERNE W. MOSS
'
CHARLES A PARSONS, JR
MITCHELL H. COX
NANCY M. KISKIS
JAMES H. HENNESSY
RICHARD J. JOHNSON
MICHAEL) BRADLEY
HEIDI A. SCHNEIDER
STANLEY R STASEL
ROBERT J LUKES
PETER A. KOLLER
347-0340
CHARLES E. JONES
HOWARD S. COX
J. MICHAEL HIRSCH
RICHARDJ. KELBER
WRITER'S DIRECT DIAL NUMBER
,
November 18, 1993
Mr. Don Ashworth
City Manager '
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317 '
RE: Cable Television Commitee
Our File No. 27981.1 ,
Dear Don:
Enclosed herewith please find the Agenda for the November 22, 1993 Cable
Television Committee Meeting. Please call me if you have any questions
regarding the items on the Agenda. I look forward to seeing you on the 22nd.
Very truly yours, '
MOSS & BARNETT '
A Professional Association .
Brian T. Grogan '
BTG /slo '
85ZBTG
Enclosure
cc: Mr. Bob Langley, Triaz Cablevision (w /enclosure) '
Ms. Jane Bremer (w /enclosure)
Adrian E. Herbst, Esq. (w /o enclosure)
RECEIVED
NOV 19, 1993 ,
CITY OF CHA lihA6SEN
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772Z140
A GENDA
C17Y OF CH NHASSEN, MINNESOTA
CABLE TELEVISION COMMITTEE MEETING
MONDAY, NOVEMBER A 1993
9.00 A.M.
I. CALL TO ORDER
II. ROLL CALL
III. RATE REGULATION
• DISCUSSION OF TRIAX'S 393 INFORMATION
• EXTENSION OF RATE FREEZE
• SHOULD THE CITY REGULATE
IV. LINE EXTENSION
• REVIEW LETTER OF AGREEMENT
V. CUSTOMER SERVICE
VI. METRO CABLE NETWORK /CHANNEL 6
• UPDATE ON CORRESPONDENCE WITH CHANNEL 6
VII. REFERENCE GUIDE
• TRANSFER OF OWNERSHIP
• IMMUNITY
VIII. OTHER
IX. ADJOURN
772Z140
CHANHASSEN, KINNESOTA
CABLE TELEVISION COMITTEE
1*
AGENDA ITEM NO. 111 11
ITEM DATE I
RATE REGULATION NOVEMBER 22, 1993
'
We have conducted a preliminary review of Triaz s
completed FCC Form 393. Based on our initial review it appears
the maximum initial permitted rate per channel to be charged by
'
Triaz is $0.503. Thus the maximum permitted rate for the basic
service tier is $10.56. Given that Triaz's current rate for
the basic service tier, excluding franchise fees, is $10.45
they are presently below the FCC's benchmark level. However,
it is important to note that to the extent the City is not
certified to regulate rates, Triaz retains the authority to
unilaterally increase its basic service rates at any time it so
'
chooses following expiration of the FCC rate freeze on
February 15, 1993.
We are in the process of analyzing Triaz's hourly service
'
charge by attempting to compare industry averages based on our
review of numerous Form 393's completed by several large,
multiple system operators. In our initial review of FCC Form
'
393 it is impossible to analyze the accuracy of the hourly
service charge as we are forced to accept various
approximations made by Triaz in completing the documents. It
,
would be necessary for us to conduct an on site audit in order
to verify the accuracy of their numbers. However, we do not
believe this step is necessary
City should concentrate on the
certify to regulate the basic
equipment charges.
at this time and believe the ,
initial question of whether to
service tier and ancillary
Triaz has indicated that the monthly charge for
additional outlets will be eliminated on or about December 31,
1993. The other rates and charges for equipment as specified
within the Form 393 appear to be consistent with FCC guidelines.
We have included herein a copy of an Action Alert we '
prepared for our clients regarding the extension of the FCC's
Rate Freeze Order. This provides the City of Chanhassen
additional time to review this matter and still become
certified prior to expiration of the rate freeze. While Triaz
appears to be in line with FCC benchmark rates and will soon be
bringing the remainder of its charges into compliance with FCC
regulations, we stand by our initial recommendation that the
City become certified to regulate the rates for the basic
1
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service
tier. We stand by this recommendation for the
following
reasons:
1.
The City need not expend significant time, energy or
1
revenue regulating the rates for basic service to the
extent Triax remains at or below the FCC established
benchmark levels.
'
2.
Once certified, the City, should it so desire, need
take no action and its inaction will be deemed
'
acceptance of any rate increases Triax may impose.
3.
Should Triax choose to increase rates above FCC
benchmark levels the City, if certified, will have an
opportunity to review such increases and act to
'
prevent increases above the FCC benchmark levels to
the extent appropriate.
r
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LAW OFFICES
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402 -4119
BRIAN T. GROGAN TELEPHONE (612( 347.0300 TELECOPIER (612( 339.6686
(612(347 -0340
ACTION ALERT
To: Moss and Barnett Clients and Interested Parties
From: Communications Practice Group
Re: Extension of CATV Rate Freeze
Date: November 12, 1993
0, ,
On November 1 1993 the Federal Communications Commission ( "FCC ")
adopted and released an Order extending. the expiration date of the cable
television rate freeze from November 15, 1993 until February 15, 1994. In '
particular, the FCC's Order reads as follows:
(a) The average monthly subscriber bill for services
provided by cable operators subject to regulation
'
under Section 623 of the Communications Act shall not
increase above the average monthly subscriber bill
determined under rates in effect on April 5, 1993,
'
until February 15, 1994.
(c) The freeze imposed by paragraph (a) of this section
will not apply where a basic tier service has become
subject to regulation by a local franchising
'
authority or the Commission.
The FCC extended the rate freeze in order to provide local franchising
'
authorities and consumers a continued opportunity to exercise their rights
under the 1992 Cable Act and FCC regulations in light of the September 1, 1993
effective date of cable rate regulation. As of November 3, 1993, the FCC had
received 3,425 applications for certification from local franchising
authorities covering approximately 5,050 communities served by cable, and no
more than approximately $36 properly completed subscriber complaints. These
figures represent only a small percentage of the nearly 33,000 communities
that are potentially eligible to regulate the basic service tier, and an even
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
smaller percentage of the country's 58 million cable subscribers. The FCC
' determined that the purposes of the 1992 Cable Act would best be fulfilled by
establishing an additional opportunity for local franchising authorities and
subscribers to participate in assuring the reasonableness of cable service
rates prior to the expiration of the freeze.
The FCC included a significant exception in the extension of the freeze
by providing that the freeze will not apply to a basic service tier that has
' become "subject to regulation by a local franchising authority" or the FCC.
In situations where the basic tier is already subject to regulation, it is not
necessary to continue the freeze in effect for the cable programming service
tier in order to prevent an evasion of rate regulation of the basic tier.
Accordingly, where the basic tier has become subject to regulation, the freeze
will expire on that date for both tiers. Where only the cable programming
service tier is subject to regulation, the FCC does not believe the cable
operator's capacity to evade the freeze of the basic tier by shifting
programming to the higher tier is significantly diminished. Accordingly,
where only the cable programming service tier is subject to regulation, the
freeze will continue in effect for both tiers.
Should you have any questions regarding the rate freeze extension from
November 15, 1993 until February 15, 1994, please do not hesitate to contact
1 Brian Grogan at 612 - 347 -0340. We will continue to update all of our clients
on a case -by -case basis as appropriate.
u
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11
772Z140
CHANHASSEN, KINNESOTA
CABLE TELEVISION COMITTEE
ITEM
DATE I
LINE EXTENSION
AGENDA ITEK NO. _ V 11
NOVEMBER 22, 1993 '
We have discussed the attached proposed
Letter of
Agreement between the City. of Chanhassen and Triax regarding
clarification of the line extension policy. Triax's only ,
objection was that delays in installation violating the terms
of the Letter of Agreement should not be considered a "material
breach" of the Franchise. Changes have been made to reflect
Triax's objection. Barring any further concerns, the letter
appears to be acceptable and should be considered by the City
for action. I
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772Z140
LETTER OF AGREEMENT
[To be typed on Triax letterhead.]
Mr. Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
P.O. Boa 147
Chanhassen, MN 55371
RE: Clarification to Line Extension Policy
'
Dear Mr. Ashworth:
Triax Midwest Associates, L.P. (Triax) hereby agrees to
undertake all necessary steps to install cable television
equipment, wires and facilities in all developments meeting the
line extension criteria outlined in Article V, Section 2 of the
Cable Television Franchise Ordinance of the City of Chanhassen
( "Franchise "), so long as the City requires the developer to
enter into a development agreement which (1) contains a
provision requiring that such developer provide for
'
installation of cable in the subject development and
(2) requires the provision of funds as security for the
installation of cable in the subject development. Triax will
'
exercise its best efforts to undertake such installation at the
same time other public utilities are installed so as to
minimize disruption to the grounds within the development.
In the event Triax substantially delays installation or
otherwise violates the provisions of this agreement or Article
5, Section 2 of the Franchise, the City shall have the right to
V pursue all applicable remedies under the law including any
remedies provided in the Franchise.
1
If the City does not require a developer to enter into a
development contract containing the provisions described above,
772Z140
Triaz shall be relieved of its obligation to immediately
install cable in concert with other public utilities. However,
such omission from a development contract shall not relieve
Triaa of its Franchise obligations, in particular, Article 5,
Section 2 of the Franchise.
TRIAX MIDWEST ASSOCIATES, L.P.
By:
Its:
ACKNOWLEDGEMENT
The City hereby agrees to all terms and provisions of this
Letter of Agreement and will undertake all necessary steps to
modify its standard development agreement to comply herewith.
CITY OF CHANHASSEN, MINNESOTA
By:
Its:
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772Z140
CABLE TELEVISION COMITTEE
AGENDA ITEM NO. _V
ITEM DATE
CUSTOMER SERVICE NOVEMBER 22, 1993
We have conferred with Triaz representatives regarding
the customer service standards which the company follows in the
City of Chanhassen, Minnesota. Based on these discussions it
appears Tria= follows the customer service standards outlined
within the City of Chanhassen Franchise Ordinance. These
customer service provisions, while addressing several important
and relevant issues, do not include the vast majority of new
customer service standards adopted by the FCC in its recent
rule making. In the last agenda we provided the City with a
summary of the FCC's customer service standards for review and
consideration. The City can require Triaz to comply with all
or a portion of the FCC's customer service standards after
providing Triaz with 90 days advance written notice.
We recommend the City review the FCC's customer service
standards and identify areas where additional regulatory
authority may be needed. Perhaps another way to approach this
question is to analyze any complaints or customer service
issues which have arisen in the City of Chanhassen and
determine the appropriate customer service standards which
should be implemented to prevent these problems from occurring
in the future. Since the FCC's customer service standards very
closely parallel the cable television industries own customer
service standards we do not anticipate Triaz would have
difficulty in complying with all or a portion of the standards.
mm
772Z140
CHANHASSEN, MINNESOTA
CABLE TELEVISION COMMITTEE
AGENDA ITEK NO. VI t
ITEM DATE
METRO CABLE N ORR/CHANNEL 6 NOVEMBER 22, 1993 ,
re '
Attached please find a copy of a letter p p ared b y Moss
& Barnett forwarded to Mr. Don Ashworth for consideration in
communicating the City's concerns to Metro Cable Network. The '
letter attempts to identify the elimination of the signal on
Triax's system and indicates the City of Chanhassen's support
of the regional channel, its programming and its continued '
viability.
To the extent this letter has not already been executed
the City should review the provisions of the letter and ,
indicate any modifications or changes necessary. Thereafter,
to the extent desired, the letter should be forwarded on to
Mr. Chuck Slocum at Metro Cable Network. I
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October 22, 1993
Mr. Chuck Slocum
Metro Cable Network
105 Fifth Avenue South
Suite 485
Minneapolis, Minnesota 55401
Re: Chanhassen, Minnesota
Our File No. 27981.1
Dear Mr. Slocum:
On June 11, 1993 the Honorable Mayor Don Chimiel received a letter from
Ms. Jane Bremer, legal counsel for Triaz Midwest Associates, L.P. ( "Triaz ")
indicating that Triaz has removed programming supplied by regional Channel 6
from its cable television system because the signal Channel 6 provides fails
to meet the new federal technical standards established by the Federal
Communications Commission (a copy of Ms. Bremer's letter is attached for your
reference). Ms. Bremer goes on to indicate that Triaz intends to carry C -SPAN
II in place of regional Channel 6 until such time as the region Channel 6
signal meets federal technical standards.
On behalf of the City of Chanhassen I would like to ezpress our
appreciation for the programming provided by.regional Channel 6. We very much
appreciate the political programming which airs on the regional channel, in
particular the coverage of state legislative proceedings and related matters.
The City of Chanhassen will truly miss the variety of "local" programming
which the regional channel has provided to the residents of the city. We are
hopeful that regional Channel 6 can work with Triaz and other area cable
operators to develop a technology which will facilitate the provision of an
adequate signal which complies with all applicable federal technical standards.
Once again, we wish to emphasise our support for the programming and
other endeavors of regional Channel 6 and are hopeful that your signal can be
carried on the Triaz system in the very near future. If we can assist your
cause by contacting our state representatives to encourage a new mans of
transmitting the regional Channel 6 signal please do not hesitate to contact
r
Mr. Chuck Slocum
Page 2
October 22, 1993
us. In the meantime, please keep us updated regarding the status of this
issue and any feasible mechanisms which will bring about its resolution. '
Very truly yours,
CITY OF CHANHASSEN, MINNESOTA '
Mr. Don Ashworth
BTG /slo
85ZBTG
Enclosures
cc: Mr. Robert Langely, Regional Manager, Triaz Midwest Associates, L.P.
Brian T. Grogan, Esq.
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772Z140
CHANHASSEN, MINNESOTA AGENDA ITEM NO. VII
CABLE TELEVISION COMMITTEE
ITEM DATE
REFERENCE GUIDE NOVEMBER 22, 1993
Moss & Barnett has developed a Reference Guide for the
City of Chanhassen in order to identify the new requirements of
the 1992 Cable Act and applicable FCC regulations. The
Reference Guide attempts to summarize the voluminous provisions
of the 1992 Cable Act and FCC provisions. Attached is a copy
of the Reference Guide Moss & Barnett has tailored for the City
of Chanhassen.
We have described, on a tailor -made
Chanhassen's Franchise Ordinance which
changed in order to fully implement the
requirements of new FCC regulations.
1
basis, the aspects of
may be amended or
1992 Cable Act and
At the last Cable Television Committee Meeting the
Committee determined to review 2 issues from the Reference
Guide at each Committee meeting, to the extent time permitted,
so that the City may have the benefit of reviewing the entire
Reference Guide and understanding new regulatory authority
which the City may now possess as a result of the 1992 Cable
Act and applicable FCC regulations. At this meeting we have
chosen to review topics regarding transfer of ownership and
immunity for franchising authorities. Information regarding
these two issues is contained within the Reference Guide which
was supplied in the last agenda packet for the October 19, 1993
meeting.
From: Adrian E. Herbst ,
Brian T. Grogan
Re: Extension of CATV Rate Freeze
Date: November 11, 1993
•
on November 10, 1993, the Federal Communications Commission ( "FCC ')
adopted and released an Order extending the expiration date of the cable
television rate freeze from November 15, 1993 until February 15, 1994. In '
particular, the FCC's Order reads as follows:
(a) The average monthly subscriber bill for services '
provided by cable operators subject to regulation
under Section 623 of the Communications Act shall not
increase above the average monthly subscriber bill '
determined under rates in effect on April 5, 1993,
until February 15, 1994.
Hk l�RHtRH1 *we* '
(c) The freeze imposed by paragraph (a) of this section
will not apply where a basic tier service has become '
subject to regulation by a local franchising
authority or the Commission.
The FCC extended the rate freeze in order to provide local franchising
authorities and consumers a continued opportunity to exercise their rights
under the 1992 Cable Act and FCC regulations in light of the September 1, 1993
effective date of cable rate regulation. As of November 3, 1993, the FCC had
received 3,425 applications for certification from local franchising
authorities covering approximately 5,050 communities served by cable, and no
more than approximately 836 properly completed subscriber complaints. These
figures represent only a small percentage of the nearly 33,000 communities
that are potentially eligible to regulate the basic service tier, and an even
RECEIVED
OV X199
CITY OF CHANHA11
LAW OFFICES
MOSS & BARNETT
A PRonssIoNAL AssocunoN
H RRMAN J SATs E
J, hUCHARL HIRSCH
4800 NORWESf CENTER
PETER A. ROLUIR
NANCY M. KISKIS
PATRICK F MHERTY
EDWARD J. ELOMME
90 SOUTH SEVENTH STREET
RICHARD K USER
HIEIDI A. sc NNE1DER
WAYNE A. VANDER VORT
ANN K. NEWHALL
URA) McKNIGHT
CHARLES E JONES
DONALD E. WIESE
MICHAEL 1. AHERN
MINNfiAPOLIS MINNESOTA 55402 -4129
C. RHODE
M. HUGHES
MAN T. GROGAN
CORY LARSEN SETI'ENGA
PAUL VAN VALKENBURG
MAKER J. WEINSTEIN
,
THOMAS
MICHAEL L PLANAGAN
PHILLIP GAINSLEY
L. WATSON
TELEPHONE (612 ) 347.0300
1. MICHAEL COLLOTON
STEVEN Z. KAPLAN
DANIEL P DAMOND
MARGARET K. LAHAMMER
W SCO17 HERZOG
JEFFREY
NIC[ HAY
WAYNE A. HERG=
THOMAS SHROYER
WAGNER
TELECOPJE (612( 339 -6686
JEANNE K. STRETCH
JAMES E.OERIEN
DALE
RELSE E. CK=CK
PAUL G. NEUtANN
EARBARA G. STUART
-
M. CECILIA RAY
RETIRED
EDWARD L WINER
DAVID P. JENDR2EJEK
PAUL T. EIDSNPSS
J. BRAINERD CLARKSON
ADRIAN E HERBST
WILLIAM N KOSTER
DANIEL J. GOLDBERG
CURTIS D. SMITH
DAN= R- SUNDELL
FREMONT C FLETCHER
WILLIAM A HAUG
DAVE F. SENGER
JOSEPH R. KLEIN
VERNE W. MOSS
CHARLES A PARSONS JR
LOUIS J. SPELTZ
DAVID M. HENRY
JAMES H HENNESSY
RICHARD J JOHNSON
MITCHELL H -COX
ANN M. NEVER
STANLEY R. STASEL
LUKES
MICHAEL J. BRADLEY
VINCENT J. FAHNLANDER
HOWARD S COX
ROBERT J
WRITER'S DElCT DIAL mum
ACTION ALERT
'
'
To:
Moss and
Barnett Clients and Interested Parties
From: Adrian E. Herbst ,
Brian T. Grogan
Re: Extension of CATV Rate Freeze
Date: November 11, 1993
•
on November 10, 1993, the Federal Communications Commission ( "FCC ')
adopted and released an Order extending the expiration date of the cable
television rate freeze from November 15, 1993 until February 15, 1994. In '
particular, the FCC's Order reads as follows:
(a) The average monthly subscriber bill for services '
provided by cable operators subject to regulation
under Section 623 of the Communications Act shall not
increase above the average monthly subscriber bill '
determined under rates in effect on April 5, 1993,
until February 15, 1994.
Hk l�RHtRH1 *we* '
(c) The freeze imposed by paragraph (a) of this section
will not apply where a basic tier service has become '
subject to regulation by a local franchising
authority or the Commission.
The FCC extended the rate freeze in order to provide local franchising
authorities and consumers a continued opportunity to exercise their rights
under the 1992 Cable Act and FCC regulations in light of the September 1, 1993
effective date of cable rate regulation. As of November 3, 1993, the FCC had
received 3,425 applications for certification from local franchising
authorities covering approximately 5,050 communities served by cable, and no
more than approximately 836 properly completed subscriber complaints. These
figures represent only a small percentage of the nearly 33,000 communities
that are potentially eligible to regulate the basic service tier, and an even
RECEIVED
OV X199
CITY OF CHANHA11
MOSS & BARNETT
A PROITMIONAL ASSOCIATION
smaller percentage of the country's 58 million cable subscribers. The FCC
' determined that the purposes of the 1992 Cable Act would best be fulfilled by
establishing an additional opportunity for local franchising authorities and
subscribers to participate is assuring the reasonableness of cable service
' rates prior to the expiration of the freeze.
The FCC included a significant exception in the extension of the freeze
by providing that the freeze will not apply to a basic service tier that has
' become "subject to regulation by a local franchising authority" or the FCC.
In situations where the basic tier is already subject to regulation, it is not
necessary to continue the freeze in effect for the cable programming service
' tier in order to prevent as evasion of rate regulation of the basic tier.
Accordingly, where the basic tier has become subject to regulation, the freeze
will expire on that date for both tiers. Where only the cable programming
service tier is subject to regulation, the FCC does not believe the cable
operator's capacity to evade the freeze of the basic tier by shifting
programming to the higher tier is significantly diminished. Accordingly,
where only the cable programming service tier is subject to regulation, the
' freeze will continue in effect for both tiers.
In essence, if your community has submitted FCC Form 328 and 30 days have
elapsed from the date Form 328 was received by the FCC and, in addition, your
community has adopted regulations consistent with those of the FCC with
respect to rate regulation, you have taken the necessary steps to cause the
operator to become "subject to rate regulation." However, it is necessary for
your community to notify the cable operator that its rates are subject to rate
regulation by sending a brief letter indicating that you have been certified
by the FCC (via Form 328), that you have adopted regulations consistent with
those of the FCC and that the cable operator has 30 days from receipt of the
notice to supply appropriate rate regulation information via FCC Form 393.
' Should you have any questions regarding the rate freeze extension from
November 15, 1993 until February 15, 1994, please do not hesitate to contact
us. We will continue to update all of our clients on a case -by -case basis as
' appropriate.
1
66ZAEB
September 29, 1993
Don Ashworth
City Manager '
City of Chanhassen
690 Coulter Drive
P.O. Box 147 '
Chanhassen, MN 55317
RE: CQSTOMSR SERVICE
Dear Mr. Ashworth:
Enclosed is a draft notice to the cable company along with an outline to '
assist .you in implementing authority to enforce FCC customer service
standards.
After you have had an opportunity to review the enclosed materials please
do not hesitate to contact me with any questions you may have regarding how
the City may begin to implement the new rights afforded franchising
authorities under the 1992 Cable Act and FCC regulations. In addition, as new '
FCC regulations are released, please feel free to contact me for further
information.
Thank you for the opportunity to be of service. I look forward to '
working with you on the City's cable television- related needs.
Ve r yours, ,
Adrian Z. Herbst '
AEH /mkr
262559
C�
LAW OPPJCES
MOSS & BARNETT
A PROFESSIONAL ASsocIATiON
HERMAN J. RATELLE
J. MICHAEL HIRSCH
4800 NORWEST CENTER
RICHARD J, Q LBSR
LE
CHARS E. JONES
PATRICK F. FLAHERTY
EDWARD J. SLOMME
90 SOUTH SEVENTH STREET
LAURA J. MCRNIGHT
SUSAN C. RHODE
SWAN T. GROGAN
CORY LARSEN BETTENGA
WAYNE A. VANDER VORT
MARGO S. STRUTHERS
THOMAS M. HUGHES
JEANNE•MARIE ALMONOR
DONALD E. WIESE
ANN K. NEWHALL
MINNEAPOLIS, MINNESOTA 55402 -4129
J. MICHAEL COLLOTON
DANIEL P. DAMOND
PAUL VAN VALKENBURG
MICHAEL J. AHERN
STEVEN Z. KAPLAN
MARGARET K. LARAMMER
MICHAEL L. PLANAGAN
W. SCOTT HERZOG
MAHER J. WEINSTEIN
PHILLIP GAINSLEY
TELEPHONE (612) 347 -0300
NICK RAY
'
WAYNE A. HERGOTT
JAMES E. O'BRIEN
JBPPREY L. WATSON
THOMAS J. SHROYER
TE LECOPIHR �612� 339 -6686
JEANNE K. STRETCH
REESE B. CHBZICK
JOHN F, STONE
DALE M. WAGNER
M. CECILIA RAY
PAUL T, EIDSNSSS
PAUL G. HEIMANN
BARBARA G. STUART
DANIEL R. SUNDBLL
SWARD L. WINER
DAVID P. JENDRZEJEK
JOSEPH R. KLEIN
PJrrMSD
AN L. HEBST
ADM RBST
DANIEL GOLDBERG
J.
1.
DAVID M. HENRY
J. BRADIBRD CLARKSON
,
WILLIAM N. E
WILLIAM A. MAVG
DANIEL LATH
DAVE P. SENGBR
347 -0448
JENNIrER A. sROOKS
VERMONT C. ►LCTCHEA
CHARLES A. PARSONS, JR.
LOUIS J. SPELTZ
ANN M. J. PA HNLANDER
VINCENT .
J
VERVE H. MOLL
JAMBS H. NBHNESSY
PHILIP A. "APPLY
RICHARD J. JOHNSON
MITCHELL H. COX
MICHAEL J. BRADLEY
WRITER'S DIRECT DIAL NUMBER
NANCY M. KISK1S
STANLEY R. STASEL
ROBERT J. LUXES
PETER A. KOLLER
HSIDI A. SCHNZIDSR
HOWARD S. CO%
■
September 29, 1993
Don Ashworth
City Manager '
City of Chanhassen
690 Coulter Drive
P.O. Box 147 '
Chanhassen, MN 55317
RE: CQSTOMSR SERVICE
Dear Mr. Ashworth:
Enclosed is a draft notice to the cable company along with an outline to '
assist .you in implementing authority to enforce FCC customer service
standards.
After you have had an opportunity to review the enclosed materials please
do not hesitate to contact me with any questions you may have regarding how
the City may begin to implement the new rights afforded franchising
authorities under the 1992 Cable Act and FCC regulations. In addition, as new '
FCC regulations are released, please feel free to contact me for further
information.
Thank you for the opportunity to be of service. I look forward to '
working with you on the City's cable television- related needs.
Ve r yours, ,
Adrian Z. Herbst '
AEH /mkr
262559
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THE MCW CUSTOMER SERVICE STANDARDS
ADOPTED MARCH11; RF_L&4SF.n APRIL 7, 1993
PREPARED "MOSS & BAR&=
• Cop ri& 1993
FRANCHISING AUTHORITIES CANNOT ENFORCE UNLESS
• OPERATOR IS PROVIDED 90 DAYS WRITTEN NOTICE
SENT VIA CERTIFIED MAIL
2. IMPACT ON EXISTING CUSTOMER SERVICE FRANCHISE PROVISIONS
IF THEY ARE LESS STRICT
• FRANCHISING AUTHORITY CAN ENFORCE FCC
STANDARDS
IF THEY EXCEED FCC STANDARDS
• MAY BE ENFORCED THROUGH TERM OF FRANCHISE
11,s l 47111. •i lei u
FCC WILL STEP IN ONLY
• "TO ADDRESS SYSTEMIC ABUSES THAT UNDERMINE THE
STATUTORY OBJECTIVES"
4.
5.
6.
AGREEING WITH OPERATOR TO MORE STRINGENT
REQUIREMENTS
ENACTING AND ENFORCING ANY CONSUMER PROTECTION
LAWS NOT PREEMPTED BY FCC
ENACTING AND ENFORCING REGULATIONS WHICH ADDRESS
(OR EXCEED) MATTERS NOT OUTLINED IN FCC STANDARDS
• NEED NOT ADDRESS OTHER VIDEO PROVIDERS
• ADDITIONAL 90 DAY WRITTEN NOTICE TO OPERATOR
PROBABLY REQUIRED
SHOW COST BURDENS
PROPOSE ALTERNATIVES
GIVE DATE FOR END OF WAIVER
ATTACH VIEWS OF FRANCHISING AUTHORITY
CONTENT OF FCC STANDARDS
A. NORMAL BUSINESS HOURS
IN EXCESS OF 9-5
• BASED ON SIMILAR COMMUNITY BUSINESSES
B. NORMAL OPERATING CONDTHONS
WITHIN CONTROL OF OPERATOR
DOES NOT INCLUDE-- POWER/TELEPHONE OUTAGES,
SEVERE WEATHER, ETC.
-2-
LJ
L
1
1
G TELEPHONEACCESS
LOCAL OR TOLL -FREE LINE AT ALL TIMES
TRAINED REPRESENTATIVES AVAILABLE
• ANSWERING MACHINE AFTER HOURS
D. PERSONAL ACCESS FOR
BILL PAYING
CUSTOMER INQUIRIES
• MUST BE CONVENIENTLY LOCATED
E RESPONSE TIMES
90% FULFILLMENT (MEASURED QUARTERLY)
• ANSWER TELEPHONE WITHIN 30 SECONDS
• 30 SECONDS FOR ANY TRANSFER
• BUSY SIGNAL LESS THAN 3% OF TIME
F. INSTALLATION, OVTAGES SERVICE CALLS
95% FULFILLMENT (MEASURED QUARTERLY)
• STANDARD INSTALLATIONS (125 FEET)
COMPLETED WITHIN 7 BUSINESS DAYS
• RESTORE SERVICE WITHIN 24 HOURS AFTER
INTERRUPTION
• PROVIDE APPOINTMENT WINDOWS
SPECIFIC TIME OR 4 HOUR BLOCK
IF OPERATOR RUNNING LATE, MUST
CONTACT CUSTOMER
• IF NECESSARY, RESCHEDULE AT TIME
CONVENIENT_TO CUSTOMER
-3-
G. CUSTOMER COBMWCATIONS
MUST NOTIFY SUBSCRIBERS AT TIME OF INSTALLATION,
ANNUALLY AND /OR UPON REQUEST REGARDING
• PRODUCTS AND SERVICES
• PRICES, OPTIONS, CONDITIONS
• INSTALLATION AND MAINTENANCE POLICIES
• USE OF SERVICE, INCLUDING CHANNEL POSITIONS
• BILLING AND COMPLAINT PROCEDURES
• OPERATOR'S NUMBER AND ADDRESS
OPERATOR MUST NOTIFY SUBSCRIBER OF CHANGES IN
ABOVE WITHIN 30 DAYS
H. BILLING
MUST BE CLEAR, CONCISE, AND UNDERSTANDABLE
MUST COVER AT LEAST
• BASIC,
• PREMIUM, AND
• EQUIPMENT SERVICE CHARGES
MUST INCLUDE ALL ACTIVITY IN PERIOD, INCLUDING
• OPTIONAL CHARGES,
• REBATES, AHD
• CREDITS
MUST RESPOND TO DISPUTED BILL WITHIN 30 DAYS
MUST REFUND CHECKS THE EARLIER OF
• 30 DAYS,
• NEXT BILLING CYCLE, OR
• RETURN OF EQUIPMENT ON TERMINATION
MUST PROVIDE CREDITS
• NEXT BILLING CYCLE AFTER AGREEMENT ON
CREDIT
Please contact Brian T. Grogan, Esq., 612 - 347 -0340, with questions.
BTG /kjd
674Z140
-4-
L�
1993
' CERTIFIZD MAIL
RETQRK RBCBIPT REQOSSM
TRIAB CABLEVISION
' RE: Consumer Service - Adoption of 1992 Cable Act and FCC Rules
Dear :
' Pursuant to Title 47 CFR, Part 76, Subpart H, Section 76.309 ( "Customer
Service Standards "), a franchising authority must furnish affected cable
operators with ninety (90) days advance mitten notice of its intent to
enforce the Consumer Service Standards. The City of Chanhassen ( "City ") has
reviewed the Customer Service Standards and the ezisting provisions of the
Franchise Ordinance and the agreement between Triaz Cablevision and the City.
It is the City's understanding that the Customer Service Standards may be
enforced upon notice provided to Triaz Cablevision. Further, the City
understands that it can enforce any ezisting Franchise provisions relating to
consumer service.
' The City has determined to enforce the Customer Service Standards and
reserves the right to also enforce ezisting consumer service provisions in the
' City's Franchise with Triaz Cablevision. The City will enforce the most
stringent provision should a provision in the Customer Service Standards or
the Franchise of the City address the same issue. In those cases where
provisions of the Customer Service Standards are not addressed in the
' Franchise, any such new requirements will be enforced.
We recognize that it may be somewhat cumbersome to coordinate these
' various requirements. In this regard, we request that you communicate with
Mr. /Ms. for the City, and develop an
agreed upon approach to ensure that both the City and Triaz Cablevision fully
understand what requirements exist, as well as steps that will be taken by
Triaz Cablevision to ensure compliance. With respect to requirements in the
Customer Service Standards relating to response to telephone calls, response
to installation and maintenance calls and other such natters, we recommend
' that a form be included with your regular reports to the City identifying
compliance with these requirements.
Page 2
, 1993 ,
If you have any questions concerning this letter or the effect of this '
notification, please inform us. Otherwise, we aspect that you will comply
with the Consumer Service Standards within 90 days from the date of receipt of
this letter. '
Sincerely,
CITY OF CELMTEMSSN
By: ' Its
252559
--,
L
f_l
LAw O PPICEs
MOSS & BARNETT
A Pv tonssIONAL ASSOCIATION
HERMAN J. RATELLE J. MICHAEL HIRSCH 4800 NORWEST CENTER
PATRICK P. ELAHERTY
EDWARD J. BLOMME
WAYNE A. VANDER VORT
MARGO S. STRUTHERS
90 SOUTH SEVENTH STREET
DONALD E. WIESE
PAUL VAN VALKENBURG
ANN K. NEWHALL
MICHAEL J. AHERN
MINNEAPOLIS, MINNESOTA 55402 -4129
MICHAEL L. FLANAGAN
MAHER J. WEINSTEIN
W. SCOTT HERZOG
PHILLIP GAINSLEY
TELEPHONE (612) 347 -0300
WAYNE A. XERGOTT
Jn►REY L. WATSON
JAMES E. O'BRIEN
THOMAS J. SHROYER
T ELECOPIER (612) 339 -6686
JOHN P. STONE
DALE M. WAGNER
PAUL G. NMMANN
BARBARA G. STUART
EDWARD L. WINER
DAVID P. JENDRZEJEK
ADRIAN E. HERBST
DANIEL J. GOLDBERG
WILLIAM N. ROSTER
CURTIS D. SMITH
WILLIAM A. HAUL
DAVE P. SINGER
347 -0448
CHARLES A. PARSONS, JR.
LOUIS J. SPELT2
PHILIP A PPAPTLY
MITCHELL H. COX
RICHARD J. JOHNSON
MICHAEL J. BRADLEY
WRITER'S DIRECT DIAL NUMBER
ROBERT J. LURES
PETER A. ROLLER
September 29, 1993
Don Ashworth
City Manager
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
RICHARD J. KELBER
LAURA J. MCKNIGHT
SUSAN C. RHODE
THOMAS M. HUGHES
J. MICHAEL COLLOTON
STEVEN Z. KAPLAN
NICK RAY
JEANNE K. STRETCH
RUSS E. CHEZICK
M. CBCILIA RAY
PAUL T. 10DSNESS
DANIEL R. SUNDELL
JOSEPH R. KLEIN
DAVID M. HENRY
JQWMR A. BROOKS
ANN M. MEYER
VINCENT J. PAHNLANDER
NANCY M. KISWS
IRIDI A. SCHNEIDER
CHARLES E. JONES
BRIAN T. GROGAN
CORY LARSEN BETTENGA
JEANNE -MARIE ALMONOR
DANIEL P. DAMOND
MARGARET K. LAHAMMER
BEITRED
J. BRAINERD CLARKSON
TREMONT C. PLETCHER
VERNE W. MOSS
JAMES H. HENNESSY
STANLEY R. STASEL
HOWARD S. COX
RE: NECESSARY ACTION TO REGULATE CABLE TELEVISION HATES UNDER THE 1992
CABLE ACT ARID FCC HALES
Dear Mr. Ashworth:
�I
This letter will outline the key steps which must be undertaken by the
City of Chanhassen, Minnesota ( "City ") should it desire to regulate the rates
charged for the basic cable service tier and /or issue a complaint to seek FCC
regulation of the expanded tier of service. It is important to recognise that
assuming an absence of effective competition, the City only has authority to
regulate rates for the basic cable service tier. To exercise this authority,
the City must submit to the FCC a certification form (Form 328) and follow the
steps described within this letter. For the expanded tier of service, the
City may only issue a complaint to the FCC which will initiate a process
whereby the FCC will determine a reasonable rate for that tier of service.
Neither the City nor the FCC have authority to regulate the rates for premium
services or services offered on a pay - per -view basis.
SHOULD THE CITY SEER FCC CERTIFICATION
Generally speaking, we are advising most of our clients to seek
V certification from the FCC to regulate the rates charged for the basic service
tier. we recommend that the City also seek certification from the FCC to
regulate the basic tier. The City should utilise FCC Form 328 to accomplish
this certification. The first date on which the City could have submitted
Form 328 to the FCC was September 1, 1993. September 1st was M& a deadline
but merely the first date you could submit Form 328. The reasons why the City
may wish to submit Form 328 are as follows:
' 1. The FCC's rate freeze order which became effective April 5, 1993,
will expire on November 15, 1993. Thereafter, cable operators may
increase rates to the extent they are not subject to rate regulation.
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Don Ashworth
Page 2 ,
September 29, 1993
2. A minimum of 30 days will likely be required to achieve FCC
certification and, thereafter, the City must adopt rate regulations
'
consistent with the FCC's regulations prior to initiating rate
regulation.
'
3. Since rates may only be reduced to the FCC benchmark or ten percent
'
(10%) below September, 1992 rates (whichever is the lesser
reduction) and since the FCC's rate freeze will expire on
,
November 15, 1993, a delay in filing for certification My result in
,
higher rates.
Some important considerations why the City may wish to wait before
'
submitting a certification or choose not to submit a certification to the FCC
,
are as follows:
1. By submitting Form 328 to the FCC, the City is stating that it will
'
regulate the rates charged by the cable operator for the basic
service tier. The City cannot simply seek certification and then do
nothing to enforce the FCC's regulations.
'
2. A cost - benefit analysis may be appropriate. If the City has a very
limited number of subscribers to the basic service tier, the
'
potential savings which subscribers may experience should be weighed
against the cost the City will incur to implement the FCC rate
regulation process.
'
3. Cable operators have the right to require municipalities to
undertake a "coat -of- service" analysis should the operator be
dissatisfied with the municipality's initial decision. The FCC has
,
provided little guidance regarding cost -of- service proceedings
(although currently involved in a rule - making proceeding on this
issue) but initial estimates throughout the industry indicate
,
significant expense would be incurred by both municipalities and
cable operators in such a proceeding. We have seen estimates range
from $5,000- 25,000.
4. The City should consider whether it is philosophically in favor of
rate regulation of the basic cable service tier, particularly if the
operator has a low penetration rate or is subject to increasing
competition within the franchise area.
If the City chooses to seek certification from the FCC to regulate the
rates for the basic service tier, it will control not only the rate for that '
tier of service, but also the ancillary equipment used to receive that tier of
service. This equipment includes converter and remote control rentals;
additional outlet charges; installation, disconnection, and reconnection
charges; as well as any charges for changing tiers of service.
1
1
11
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Don Ashworth
Page 3
September 29, 1993
If the City chooses to seek FCC certification utilising Form 328, the
certification will become effective 30 days after submission unless the FCC
notifies you otherwise. Thereafter, the City must adopt rate regulations
(within 120 days from date certification is effective) consistent with the
FCC's regulations. We advise that the City begin to act on a rate regulation
ordinance during the 30 days the .FCC is considering the City's certification
request. If the City wishes to accomplish these tasks prior to November 15,
1993 (the date on which the FCC freeze order will expire), it should seek
certification in early September so that certification can be received by
mid - October and the rate regulation process can begin shortly thereafter,
assuming the City has also adopted its rate regulation ordinance.
As mentioned above, the City does not have the right to regulate the
rates for "other cable programming services" (i.e., the expanded tier of
service). Bates for the expanded tier of service are to be regulated by the
FCC once it receives a complaint from a subscriber, the franchising authority
(the City), or another governmental entity. The question is whether the City
should submit a complaint to the FCC that the rates charged for the expanded
tier of service are "unreasonable." FCC Form 329 is to be utilised for such a
complaint.
The FCC will regulate the rates charged for the expanded tier of service
utilizing the same benchmark rates and process described for the basic service
tier. While some municipal consultants have stated that all franchising
authorities should submit a complaint form to the FCC on or shortly after
September 1, 1993, we believe certain considerations should be weighed prior
to such submission. In particular, we believe the following should be
considered by the City with respect to submission of FCC Form 329:
1. Will regulation of this expanded tier of service stifle the
possibility of new programming offerings over this tier of service?
2. Are the current rates for the expanded tier of service
"unreasonable" when viewed against the FCC's benchmark formula?
3. Are there political considerations between the City and the cable
operator which should be weighed before such complaint is submitted?
4. Are there issues within the existing Franchise presently being
negotiated or otherwise in a state of flux which may be impacted by
submission of a complaint regarding the operators rates for the
expanded tier of service?
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Don Ashworth
Page 4 ,
September 29, 1993
We have attached hereto a set of draft Resolutions which the City Council
may utilize should they desire to seek certification from the FCC for '
authority to regulate the rates charged for the basic service tier, and should
the City wish to issue a complaint to the FCC regarding the rates for the
expanded tier of service. Please keep in mind that September i, 1993, was
only the first date on which Forms 328 and 329 could be submitted to the FCC. ,
However, while September ist was Mt a deadline, it is important to the extent
the expiration of the FCC's rate freeze order on November 15, 1993, will
impact the rates within your system. '
We have enclosed herewith the following additional information for your
consideration and /or use: ,
1. A copy of FCC Form 328;
2. A copy of FCC Form 329;
3. A Resolution regarding certification; '
4. A Resolution regarding unreasonable rates on the expanded tier;
5. A Rate Regulatory Ordinance; and
6. A summary regarding rate regulation.
Please feel free to use these documents within the City to facilitate
review of questions regarding rate regulation.
Once you have had an opportunity to review the information within this
letter, the draft Resolutions, FCC forms, Rate Regulatory Ordinance, and
additional information, please do not hesitate to contact me with any ,
questions or concerns you may have.
Ve my yours,
Adrian Herbst
8Z559
Enclosures
Apppwmd b ow
ssarsl cammoftom G..itlss
w,r�usr,, a O
c erase. FCC 328 sw+. � w"
�
For FCC Use nly
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
n
f
CI
t
1
1 Now of Frandiisin Audw*
Ma W4 Address
City State ZIP Cob
Tdephmw No. (include area coda):
Parson to contact with respect to thit form:
2. a. Name (s) and ad&eWn) of cable sydam(s) and associated FCC aarasmcrdly
wmk identifiers within your juried)otiorc. (Attach additional dweb if rcecvsseryJ
Cable System's Name
Ma0hl Addrw.
City
state
ZIP Code
Cable System's FCC Cormrmmity Umic Idsrfifies:
Cwes ystwrc's Name
MWrm g Address
Cky Shoe I ZIP Code
CaMe Sywtem's FCC Coamumity Unit Identifier:
2. b. Name (s) of systerrc(s) and amodated a mwmmdty a+lt idwMkr s) you
claim are subject to rescdation and wfda respect to which you are Aline this
cm tification. (Attach additional sheet if nwnwyJ
NO of System CAWWAft Lldt
Name of $yam lda Llrcit
2. & Have you served a copy of this form em al pwtiw O va M Ne
now in 2.b.1
.1 WIN yowr framdriein; mdhority adopt ❑ ❑
(wilbim 110 days of artifim&m) and Yet Ne
aim aft rq adatiores with rwpaet to
bask easbie wrier that ate comsiscsrct
west tb mpwwm adopted by the FCC
parwsamt to 47 USG Section N300
4. Wkb rwpact m the frarscicit)res acAhority's t" dafiorn referred
I* in QmWon 3, Elves mmo
a Dow ymr f -- cl .ircp &Wmmley bare
the kw an" ity to adopt dam?
b. Dow your I aulhe * Aare ❑Ye ❑No
dse pareorwrel to adfmirsistsr dwmt
Gmeedve oomcpelworc moms that W fewer dmn 30 percent of the
bocssdwlb in the kmcNa area mWagn to the cable swice of a
cable systo q (b) the fra wMn area is 0 served by at host two
sssstNlisted mcukicharwcd video prosran0111 dbb butors am& of
wbicli offers comparable video propercwmieip to d hest SO permed
d the bmrdwlds in do kmdda are; and AR dw mwhw of
hounholds wcbseribiri� to propr -- - I is sober offaed by
WARW rrid video propswmnirif &W buhn otter than the bnwt
mdddwwd video proQamrnin5 didribcrtor eaccemb is percent of
die hwwwlds in dw fra cmw arm; w (c) a wa*khmmd video
proparoft distrfbiitor apsraa by the kanchisinp audw ity for
that trariehise arcs offers video propanwnirrp to at imet SO percent
of the hocmdwlds In that frandibe wai
Two
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE
TRLE 18, SECTION 1001).
Bab" dw oripnal and one copy d this c affication form (w
indicated in katructlorw, 86% with any athdwmerAN to:
Federal Commimicatiorr Cammminion
Atm Cable Fraridii ft Authority Cerdlic lion
P.O. Ileac IU39
Wmbin W4 D. G 20036
sca ns
❑Yet ❑N°
S. Do the proeadural Isles and rerllulworei
apptiable to race reswwon proeee 1 81
by yes► I - dsisires m ilmity provide a
renossable eppora.rily for carid. ration
d the views d irterestsd pardwt
❑Yes ❑No
L TM Cammissiom prawarws that des cable
si I f I NOW In 2h Is Nni mot subject
to effective cwgwlitim filed on the
deRckiom blowy do you bmve reran to
believe that this prouniption le correct?
Gmeedve oomcpelworc moms that W fewer dmn 30 percent of the
bocssdwlb in the kmcNa area mWagn to the cable swice of a
cable systo q (b) the fra wMn area is 0 served by at host two
sssstNlisted mcukicharwcd video prosran0111 dbb butors am& of
wbicli offers comparable video propercwmieip to d hest SO permed
d the bmrdwlds in do kmdda are; and AR dw mwhw of
hounholds wcbseribiri� to propr -- - I is sober offaed by
WARW rrid video propswmnirif &W buhn otter than the bnwt
mdddwwd video proQamrnin5 didribcrtor eaccemb is percent of
die hwwwlds in dw fra cmw arm; w (c) a wa*khmmd video
proparoft distrfbiitor apsraa by the kanchisinp audw ity for
that trariehise arcs offers video propanwnirrp to at imet SO percent
of the hocmdwlds In that frandibe wai
Two
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE
TRLE 18, SECTION 1001).
Bab" dw oripnal and one copy d this c affication form (w
indicated in katructlorw, 86% with any athdwmerAN to:
Federal Commimicatiorr Cammminion
Atm Cable Fraridii ft Authority Cerdlic lion
P.O. Ileac IU39
Wmbin W4 D. G 20036
sca ns
b4bwl eo mmni Ka" Commbsion
W aowWw. D.C. 20554
The Cable Television Consumer Protection and Competition Act,
ensued in October 1992, changes the manner in which able
television systems that are not subject to effective competition are
regulated. In general, rates for the 1-tie service tier (the tier required
as a condition of access to all other video services and oorwinin&
arhong other services, local broadcast notion Opals and public,
educational, and public attires channels) and associated equipment
will be subject to regulation by local or state govem men
ts
('franchising authorities). Rates for cable programming services and
associated equipment (all services accept basic and pay channels) will
be subject to regulation by the FCC. • Rates for pay channels
(channels for which there is a specific per-chaneel or perlrogram
charge) are not regulated.
2. Only cable systems that are not subject to dfacave competition may
be regulated. Effective competition means that W fewer than 30
percent of the households in the franchise area subscribe to the cable
service of a cable system; (b) the franchise area is 0) served by at least
two unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and Oil the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 poem t of
the households in the franchise area, or (d a multichannel video
programming distributor operated by the franchising authority for that
franchise area offers video programming to at least 50 percent of the
households in that franchise area.
3. In order to regulate basic service tier rates, a franchising authority
must be egnifled by the FCC. In order to be certified, a franchising
authority must complete this form. An original and one copy of the
completed form and all attach. - Ms must be roberned to the FCC
by registered mail, return receipt requested, to the FCC at the
address on the form.
4. A copy of the form must be served on the cable operator by first-class
mail on or before the date the form is sent or delivered to the FCC
5. The franchising authority's certification will become effective -10 dm
after the date stamped on the postal return rmmi tx unless otherwise
notified by the Commission by that date. The franchising authority
cannot begin to regulate rates, however, until it has actually adopted
the required regulations (see below) nd until it has notified the cable
operator that it has been certified and that it has adopted the required
regulations.
6. M order to be certified, franchising authorities must answer ties' to
Questions 3, 4, and 5, which are explained as follows:
7. Question 3: The franchising authority must adopt role regulations
consistent with the Commission's regulations for basic able service.
To fulfill this requirement for certification, the franchising authority
may simply adopt a regulation indicating that it will follow the
regulations established by the FCC
The franchising authority has 120 days to adopt these regulation
titer the time it is certified. The franchising authority may mat,
however, begin to regulate able rates until after it has adopted these
regulations and until it has notified the cable operator that it has bean
certified and has adopted the required regulations.
a. Question 4(a): The franchising authority's '100 aldrority' m regulate
basic service must come from State law. In 501112 erne- mly the
state tovemment may g=late cab la_raws_ M those states, the note
government should file this certification. Provisions in franchise
agreements that prohibit rate regulation any 7mld, and do not prevent
a franchising authority from regulating the basic service tier and
associated equipment.
Quastion 4(b): The hanchising authority must have a sufficient s
number of persomtel to undertake rase reegulation.
A franchise authority unable to answer mss' to questions 4W or 4(b)'
else wish to review the FC:C's Report and seder in Deek@t 92.266.
FCC 93.177 (released May 3, 1993) for further information on the
edoWishmerht of alternative federal reiNllatory procedures•
9. Question 5: Franchising urthorhies must have procedural legulinims
allowing for public participation M rate regulation proceedings. If a
franchising authority does rat have these regulations aheady M place,
it mist adopt therm within 120 days of certification and before it may
arhdartalc I rate traulation.
10. Question 6: Most cable system are pot subject to SNOW"
corhpathion, as defined by the table Art. Rho dofinition is Mduded
above and alt the form.) The franchising authority rey pt�C that
the able ryseem M tit jurisdiction is mat subject to ethctne
aowo»e by C
7os
I Ii Oy31196
FRANCHISING AUTHORITY CERTIFICATION
INSTRUCTIONS FOR FCC 328
For purposes of Opp" the definition of dFaetve aompettion bee
Nom 2 above),'muhidhonnel video programming distributors' km*Ws
a able oparamr, a mukkhannel muhipoint dimibutim service, a
direct broadcast naWIIW service, A "WAsion reeeive"only "WINO
program distributor, a video dialtone service, and a MWINe master
ahwma Mlevbion system. A muhicharmal vWoo piogrammMg
dbtrtbutors servicos will be deemed •offered' when they are both
techrdally and away available. service b - achnialy available'
when the mukidennel distributor b physically able to deliver the
service to a household wishing to subscribe, with only mhimal
additional Mvesanent by the distributor. A service h eactualy
available if subscribers M the franchise area are reasonably aware
tuough marbecfrg efforts that the service is available. SubsOft"hip
of those multichannel video programming distributors offering service
to at least 50 percent of the households in a franchise area will be
aggregated to determine whether at last 15 percent pf the
households M the franchise area we served by corhpetim m A
multichannel video programming distributor must offer at least 12
do w 5 of programming, at hest am channel of which b
nonbroadcant, t be found to offer e=rnparablee video programming.'
11. This eertifiadon form must be signed by a goveminm official with
authority to act on behalf of the franchising authority.
10e Nom To vanv NA s nQtrm atf T1! MVAC1r ACT AM flue PAPERWORK
noxxnON AU
no eoNcJYdste of pet - bdmatWmt M ob lens it a /ydnd by Mt CW WmWMdW Ad d'
1934' aaeande I TM egmnWW win tat dr rnfotneedon prerided M deb reran a dnNwMe
I rte feredebe &*a* raoubd be wj#Wtmd he mWAM abbe retie M were 1 00
delnneinlboe
or br low mdmime W p MMW it leer bwom Mom w a sow penettal
bdenwaion mttsbrd N deb ben he scarcer eorwrwtew aeeney. AN bhbnneh" pwuided k%#*
faro wNl M aroieb4 be pMlk irEReOiot� Yew veep_ b wawebed to obhab due erwmd'
sdeerb7.
PWIC wpenMe bUMM br dhb aeNeakn Of' Il I N b eehYteesd a arerNor 30 reMML
de
bckWft do r for wriewMt borue t s, seMdeY+t o , -, I due MuRM 90 and
asbrein % du des nnded. and aahplMitri and wrbwMe the oolreebm d bennian sod
eaemnah neea a rib birds+ MMUS or eery COW epees d deb alleQran d Ydettaeliert,
Mduftv jWet' , Ow kif0obuebe. hetierodetatcamnenkhabeseonrnitaion barb
mwag mer Dwwm, AM04'O5. WA0Wq k 0. C 20554, and a On OM= of Mwerrwu
sad BWNK Paperer PA& Mbar Preis OOiO-0M WW 1 00 0. C 20507.
THE Porjow4G NW polm s NaQ BY THE MVAa ACT OF 1974, P.L 97179,'
W3 Meals 31. 19M 5 U&C. 523ar M AM THE PAPERWORK A DIXTION AR OF "It
M 9K1% DK MM 1% Ma, 44 UJ= 347.
Federal eon "Micatiom Conenixion
Wsdgnpon, D. C. 20554
t
Ci
1
FCC 329
APP In Ow
3pWOs49
gobs 05131/96
For FCC Use Only
CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM
(Carefully read instructions on reverse before filling out form)
1. Complainant's Name
Mailing Address
Cm State ZIP Code
Daytime Telephone No. (include area code):
2. Local Franchising Authority's Name
Mailing Address
Cm fate ZIP Code
3. Cable Company's Name
Mailing Address
Cm State ZIP Code
Cable Cor ipany's FCC Community Unit Identifier Cd known):
4. Indicate whether this is the first time you have filed this complaint
with the FCC or whether you are filing a corrected complaint to cure a
defect in a prior complaint. CHECK ONE.
8 First time complaint
Corrected complaint
S. If you are filing a corrected complaint to cure a defect in a prior
complaint, indicate the date the prior complaint was filed with the FCC
and the date you received notification from the FCC that the prior
complaint was defective.
Month I D Year
Date prior complaint filed: _ _ _ _ _ ate
Date you received FCC Month Date Year
notification that the prior
complaint was defective:
6. Indicate whether you are challenging the reasonableness oh. (1) a
rate concerning cable programming service or associated equipment in
effect on September 1, 1993; or (2) a rate kwfease- (�
Instructions for different filing deadlines depending on which
complaint you are filing.) CHECK ONE.
8 Rate in effect on September 1, 4193
Rate increase
7. If you are a subscriber challenging the reasonableness of a Me increase, indicate the date you first received a bill from the cable
operator reflecting the rate increase about which you are complain ing•
onth Date Year
t. Indicate the current monthly rate for the cable programming service
or associated equipment and if you are challenging the reasonableness
of a rate increase, the most recent rate in effect immediately P^a to
the rate increase. Month Year
Current Monthly Rate.
- M o — nth Y ear
Previous Monthly Rate: s
9. Ip the tables below, describe the cable programming service to which
tFie complaint is addressed and, if applicable, how it has changed. If this
spaces insufficient, include any additional comments on a separate page
attached to this form.
List channels by name included in the service:
List channels by name deleted from the service Cif any):
List channels bv name added to the service Of an 1
E I
lo. If you are a subscriber, you must attach a copy of your current bill
reflecting the rate or rate increase about which you are complaining.
NOTE: Failure to attach a Copy of your current bill reflecting the rate or
rate increase may result in dismissal of your complaint.
I have attached a copy of my current bill. ----- 0 Yes QNo
t t. Optional: If you are a wbscrr'ber challenging the reasonableness of a
rate increase, attach a copy of a previous bill Cif available) reflecting the
rate immediately prior to the rate increase. ❑ Yes ONO
1 have attached a copy of my previous bill.
12. 1 certify that 1 am sending a copy Of this complaint, including all
attachments, to the cable company and the local franchising authority at
the addresses listed above via first class mail, postage prepaid, at the
same time 1 am sending a copy of this complaint to the FCC. NOTE:
Failure to satisfy this requ'Irement may result in dismissal of your
complaint. The cable company will not be required to respond unless
you send a copy of the complaint to the able company by mail.
❑ Yes ONO
Date sent: ont ate ear
13. 1 believe that the abk CDenpany's rate for the able Progr
service or associated equipment described above is unreasonable because
It 1:1 violates the FCC ns. 's rate repdatio (CHECK RO)O - - - - - - _
14.1 certify that. to the best of my laowledge, the information supplied
on this form is true and correct.
re
Date
WILM FALSE STAn MEN1f MADE ON TM FORM ARE PJkW A U By RNE
ANDPOR IAIFRISONMENT IUS. CODE WLE 1e, fECr10N loot)
(Note to canpisiw This complaint form will be maintained in Me FCC$ records under the C&k Conrprsy's FCC 329
commwity unit number. It will not be filed under you► nsllle.) Ampo 1993
Fedval CommuNat ns Commission
wasrnnpom. D. C. =0554
FCC 329 INSTRUCTIONS 7mD�
1. This FCC form is to be used by subscribers, franchising authorities, and
other relevant state or local government entities seeking to file a
complaint with the FCC challenging the reasonableness of a cable
company's rates for cable programming service or for installation or rental
of equipment used to receive cable programming service.
2. The term "cable programming service' includes all video programming
provided by a cable company except: (1) programming provided on the
basic service tier; or (2) programming provided on a payer -channel or
pay- per - program basis. See Question 9.
3. The "basic service tier" is the tier that includes over -the -air television
broadcast signals and public, educational and governmental access
channels. Under federal law, in most instances, your local franchising
authority rather than the FCC regulates rates for the basic service tier or
associated equipment. Therefore, if you believe that your rate for the
basic service tier or associated equipment is unreasonable, you should
contact your local franchising authority to determine if it is authorized to
regulate basic service tier rates.
4. Under federal law, video programming provided on a pay- per -channel or
pay - per - program basis (for example, a premium movie channel such as
HBO or a pay -per -view sports event) is not subject to rate regulation by
either the FCC or your local franchising authority.
9. If you are a subscriber, you must attach a copy of your monthly cable bill
reflecting the rate or rate increase about which you are complaining. If
you are challenging the reasonableness of a rate concerning cable
programming service or associated equipment in effect on September 1,
1993, the bill should reflect that rate. If you are challenging the
reasonableness of a rate increase, the bill should reflect the increased
rate. (If you are challenging the reasonableness of a rate increase and
have a previous bill which reflects the rate immediately prior to the
increase, please attach a copy of the previous bill — note, however, that
this is optional.)
10. You must check the box stating your belief that the cable programming
service rate is unreasonable. The FCC staff will apply the formula
mentioned in paragraph 5 to determine whether the cable company's rate
is presumed reasonable or not — you do not need to make this
calculation.
11. You must fill in all information required by this forth.
12. You may contact your local franchising authority for assistance in filling
out this forth. In addition, you may attach a statement from your local
franchising authority describing its views on the reasonableness of the
cable programming service rate in question. This is not a requirement.
If you do attach such a statement, you should also mail a copy of it to the
cable company.
5. If you are concerned about your rates for cable programming service or
associated equipment, then you may fill out this form and submit it to the
FCC. The FCC will examine the reasonableness of your table
programming service rate according to a specific formula. If the rate the
cable company currently is charging you for the cable programming
service is greater than the rate produced by the FCC's formula, the cable
company's rate will be presumed unreasonable. In these circumstances,
unless the cable company can provide cost information to justify the
reasonableness of its rate, the FCC may order a refund and/or a
prospective rate reduction for the cable programming service at issue.
6. Please note the following time limitations for filing a complaint:
13. You must sign and date this fort.
14. Copies must be mailed, including all attachments, to the following: '
Original:
federal Communications Commission
Attn: Cable Programming Service Rate Complaint, ,
P.O. sox 18958
Washington, D.C. 20036,
Owe cable company (at the addrdss listed on your complaint); and
the local franchising audmft (at the address listed on your complaint). I
a if you are challenging the reasonableness of a rate increase for cable
programming service or associated equipment, your complaint must be
actually received by the FCC within 45 days from the date you receive
a bill from your cable company reflecting the rate increase. (Note: a
reduction in number of channels may constitute an effective rate increase
even though the existing rate for the cable programming service remains 15.
unchanged.)
e The only exception to the 45 day time limitation concerns able
programming service and associated equipment rates in effect when the
FCC's rules become effective — that is, September 1, 1993. You may 1 6 .
challenge the reasonableness of such rates, but you must file your
complaint within 180 days from September 1, 1993 —that is, by February
28, 1994.
a After February 28, 1994, you may only file complaints about rate
increases and you must follow the general 45-day filing requirement
described above.
a Late -filed complaints will be dismissed with no opportunity to refile.
In addition to the cable company's name and mailing address, you
should provide the cable company's 'FCC Community Unit Identifier.'
(The FCC Community Unit Identifier is a number assigned to each cable
System by the FCC for administrative purposes.) Also, you must provide
the name and mailing address of the local franchising authority. (The
local franchising authority is the local municipal, county or other
government organization that regulates cable television in your
community.) FCC rules require the able company to furnish all this
information to you on your monthly bill. If this information does not
appear either on the front or back of your monthly bill, contact your
cable company, your local franchising authority, or your local
government to obtain the necessary information before filling out this
form.
8. You must indicate whether you are challenging the reasonableness of:
(1) a rate concerning cable programming service or associated equipment
in effect on September 1, 1993; or (2) a rate increase. Except for a
limited opportunity to challenge existing rates in effect on September 1,
1993, complaints may be filed only in the event of a rate increase.
Please be sure to send all copies to the correct address. If you do not,
we may not be able to process your complaint.
NOTE: H you do not nail a copy of this form, including all
attachments, to the cable company at the same time you nail your
complaint to the FCC, the cable company will not be required to
rmpn and your complaint may be dismissed.
If your complaint meets the requirements listed above, the FCC will
require the cable company to respond to your complaint within thirty
days and provide a justification for the reasonableness of your rate. The
cable company must provide you with a copy of its response to the FCC.
7. The FCC staff will examine your complaint and the cable company's
response and then rule on the reasonableness of the cable programming
service rate. This ruling will be in writing, and you will receive a copy
by mail. If the FCC staff determines that the rate in question is
unreasonable, it may order refunds and/or prospective rate reductions.
If it determines that the rate in question is reasonable, the FCC staff will
deny the complaint.
XX NOME TO rNDMDUAU REQUIRED BY D* PMACY AR AND THE rAMWORK ,
REDUCTION ACT
1
The solictalfon of peeonal inbrnWion i dpi{ bnm is eiiiff ftad by Ore Contnamtiatioro AM of 1934,
as antvded. The canrmirim will we dw lift Lawn provided in this form to deienmine due
rasena mm of a able cam o y's rats. In meshing that deaf *WWion. or br law 7 — elnnernt
purposes, it may become nwentaly to ne4er ptreaal fnI L" im contained in Mis bran a another
goaurensrt ageney. All imbrntatim provided in tits tone wai be eabble for public frtpeaion. Your
tasI - is tatluiwd to obtain the wp aeled IMW.
hNic mWinE burden for Otis collection of information is estintOW to aaraet 1 hair, fe 4Wft the
time for reviewing inanmiont, fa whing e■inins elate source, gathering and maintaining the data
rueeded, and compMine and reviewing the colimion of h(antation. sad comment reganding this
burden wtinmreo ► any otheraspact o(tltiseolketion d fnbrowion, intcfudin8 +upesiions breducirg
One burden, to the Federal Cammwiatiom Commission, Rwords Mwgemcm Division. AMDM,
Washington, D.C. 20554, and to the Office of Manyement and dudes+, FWatwok Reduction rroleet
(30604549), WN11WOort, D. C. 20503.
THE fORVMMG NOTKE is UQLXItW BY THE MWAa ACT OF 1974, r.L 93.379, DECEINRLR
21, 1975, 5 U.6.0 522 XOM AND T11E rAmwoRK REDuCnON Act OF 1980, ►.L 96511,
DEC6MRER 11, 1900„ 44 U&C 7E07.
1
THE CITYOF CHANHASSEN, MINNESOTA
RESOLMON NO.
A RESOLUTION AUTHORIZING CITY ADMINISTRATOR
TO SUBMIT NECESSARY FORMS TO THE FEDERAL
COMMUNICATIONS COMMISSION SEEKING
CERTIFICATION TO REGULATE THE RATES CHARGED
BY CABLE OPERATORS WITHIN THE CITY FOR
BASIC CABLE SERVICE.
WHEREAS, on April 1, 1993, the Federal Communications
Commission adopted a Report and Order and Further Notice of
Proposed Rule - making in MM Docket No. 92 -266, implementation
of sections of the Cable Television Consumer Protection and
Competition Act of 1992, Rate Regulation, FCC No. 93 -177,
released May 3, 1993, effective September 1, 1993, ( "FCC
I rates charged by cable operators for the basic service tier; and
WHEREAS, the City, as franchising authority, has reviewed
regulations ") which describes a comprehensive process whereby
forms and
franchising authorities may regulate
the rates
charged by
financial
existing cable television operators for
the basic service tier;
'
and
regulations; and
WHEREAS, the FCC procedure allows
franchising
authorities
to seek certification from the FCC and
thereafter
regulate the
I rates charged by cable operators for the basic service tier; and
WHEREAS, the City, as franchising authority, has reviewed
advisors, has determined that it is in the best interests of
the City, its residents, and cable television subscribers to
exercise the regulatory authority afforded franchising
authorities under the FCC's regulations; and
' WHEREAS, the City has determined that its best interests
are served by moving forward in an expeditious manner seeking
certification from the FCC to regulate the basic cable service
' tier to avoid potential rate increases which may result in
higher overall rates charged to cable television subscribers
within the City;
LJ
r
1
the FCC certification process and applicable FCC
forms and
determined that it has
the legal authority and
financial
capability to exercise
rate regulation under
the FCC's
regulations; and
WHEREAS, the City,
with assistance from
qualified
advisors, has determined that it is in the best interests of
the City, its residents, and cable television subscribers to
exercise the regulatory authority afforded franchising
authorities under the FCC's regulations; and
' WHEREAS, the City has determined that its best interests
are served by moving forward in an expeditious manner seeking
certification from the FCC to regulate the basic cable service
' tier to avoid potential rate increases which may result in
higher overall rates charged to cable television subscribers
within the City;
LJ
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1
NOW, THEREFORE, be it resolved by the City Council of
Chanhassen, Minnesota;
1. City administrator is hereby authorized to
submit all applicable forms to the FCC to seek
certification for regulation of the basic service tier.
2. No further action or approval by the City
Council shall be required for execution of any and all
appropriate forms to be submitted to the FCC for
regulation of the basic service tier.
Passed and adopted this day of , 1993.
CITY OF CHANHASSEN, MINNESOTA
By:
Its: Mayor
ATTEST:
Bv:
Its: Secretary
1BZ559
-2-
THE CITY OF M NH4SSEN, MINNESOTA
RESOLU77ON NO.
A RESOLUTION AUTHORIZING CITY ADKINISTRATOR
TO SUBMIT NECESSARY FORDS TO THE FEDERAL
COMMUNICATIONS COMISSION REGARDING
UNREASONABLE RATES CHARGED FOR OTHER CABLE
PROGRAMING SERVICES (A/R/A THE MCPANDED
BASIC TIER).
WHEREAS, on April 1, 1993, the Federal Communications
Commission adopted a Report and Order and Further Notice of
Proposed Rule - making in MM Docket No. 92-266,, implementation
of sections of the Cable Television Consumer Protection and
Competition Act of 1992, Rate Regulation, FCC No. 93 -177,
released May 3, 1993, effective September 1, 1993, ( "FCC
regulations ") which describes a process whereby franchising
authorities may issue complaints to the FCC regarding the rates
charged by existing cable television operators for other cable
programming services (a /k/a the expanded basic tier); and
' WHEREAS, the City, as franchising authority, and with
assistance from qualified advisors, has determined that the
existing rates for the expanded basic tier are "unreasonable"
and the City should, therefore, issue a complaint to the FCC
regarding the rates charged for the expanded basic tier; and
WHEREAS, the City has reviewed FCC complaint Form 329 and
determined that the City has the authority to complete and
submit said form to the FCC; and
WHEREAS, the City has determined that its best interests
will be served by moving forward in an expeditious manner to
submit Form 329 to the FCC to avoid potential rate increases
which may result in higher overall rates charged to cable
television subscribers within the City;
NOW, THEREFORE, be it resolved by the City of Chanhassen,
Minnesota;
1. City administrator is hereby authorised to
submit all applicable forms to the FCC regarding
unreasonable existing rates for the expanded basic tier.
1
2. No further action or approval by the City
Council shall be required for execution of any and all
appropriate forms to be submitted to the FCC for the
above - described purpose.
Passed and adopted this day of , 1993.
CITY OF CHANHASSEN
By .
Its: Mayor
ATTEST:
Ev:
Its: Secretary
17Z559
2
ORDINANCE NO.
AN ORDINANCE GOVERNING THE PROCEDURES AND
STANDARDS FOR THE REGULATION OF CABLE
TELEVISION RATES PURSUANT TO THE RULES OF
THE FEDERAL COI+II UNICATIONS COMMISSION AND
THE CABLE TELEVISION CONSUMER PROTECTION
AND COMPETITION ACT OF 1992
The City Council of the City of Chanhassen, Minnesota ordains
as follows:
SECTION 1. Backaround and Purpose,
A. On the day of 19 , the
' City of Chanhassen, Minnesota ( "City") passed
and adopted Ordinance No. granting
to ( "Grantee ") the nonexclusive
right to construct, own, and operate a cable
' television system in the City.
B. The Cable Television Consumer Protection and
Competition Act of 1992 ( 0 1992 Cable Act ") was
enacted on October 5, 1992, and became
effective on December 4, 1992. The 1992 Cable
Act amends the Cable Communications Policy Act
of 1984 and, in particular, Section 623 (47
U.S.C. 543) governing the regulation of rates
charged by cable television operators.
r C. On April 1, 1993, the Federal Communications
Commission ( "FCC ") adopted rate regulations
pursuant to the 1992 Cable Act. These FCC
rate regulations were released May 3, 1993,
and became effective September 1, 1993.
D. Pursuant to 47 C.F.R. Part 76.900, Subpart N,
Section 76.910, on the day of ,
1993, the City submitted FCC
Form 328 -- Certification for Local Franchising
Authorities - -to the FCC via Registered Mail,
Return Receipt Requested. Pursuant to
Section 76.910, the date on the return
receipt, , 1993, is to be
considered the date filed. A copy of FCC
Form 328 was also served on Grantee
on , 1993, the same day it was
filed with the FCC.
E. Pursuant to Section 76.910, the City's
certification becomes effective 30 days after
the date filed.
1
H
B. Upon adoption of this Ordinance, a City
representative will send to Grantee and each
operator of a cable television system in the
City, via Certified Mail, Return Receipt
Requested, a written notice, which shall
include a copy of this Ordinance and the
completed FCC Form 328.
C. Within thirty (30) days after receipt of the
notice referenced in Section 3.B., Grantee and
any other cable television operator shall have
thirty (30) days to respond with rate and
benchmark information utilizing FCC Form
393 -- Determination of Maximum Initial
Permitted Rates For Regulated Cable Services
and Actual Cost of Equipment.
-2-
F. In adopting this Ordinance, the City reviewed
applicable FCC regulations governing the basic
service tier and provided a reasonable
opportunity for consideration of the views of
interested parties.
G. This Ordinance will govern the procedures to
be undertaken by the City for the regulation
of Grantee's cable television rates pursuant
to the 1992 Cable Act and the regulations of
the FCC.
_
SECTION 2. Full Regulatory Power Reserved. All rates and
charges for basic cable service and any other cable
programming services, as defined by the 1992 Cable
Act and applicable FCC regulations, shall, to the
extent permissible, be subject to regulation by the
City in a manner provided by this Ordinance. This
Ordinance shall apply to all cable television
'
system operators in the City. The Grantee and /or
any other operator of a cable television system
operating in the City shall be subject to the rate
,
regulation provisions provided for herein, and
those of the FCC at 47 C.F.R., Part 76.900, Subpart
N .
The City reserves the right to amend this Ordinance
from time to time consistent with the requirements
of the FCC, and state and federal law.
SECTION 3. procedu es For Implementing Reculation of Basic
Cable Service,
A. The City hereby adopts and shall follow the
rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part
76.900, Subpart N.
B. Upon adoption of this Ordinance, a City
representative will send to Grantee and each
operator of a cable television system in the
City, via Certified Mail, Return Receipt
Requested, a written notice, which shall
include a copy of this Ordinance and the
completed FCC Form 328.
C. Within thirty (30) days after receipt of the
notice referenced in Section 3.B., Grantee and
any other cable television operator shall have
thirty (30) days to respond with rate and
benchmark information utilizing FCC Form
393 -- Determination of Maximum Initial
Permitted Rates For Regulated Cable Services
and Actual Cost of Equipment.
-2-
justify a rate above the FCC's reasonable
rate level, the City may take an
additional period of time to make a final
determination and toll the effective date
of the proposed rates for a commensurate
' period.
a. The City may take an additional 90
days if it needs more time to ensure
that a rate is within the FCC's rate
standards.
b. The City may take an additional 150
days to evaluate a cost -of- service
showing seeking to justify a rate
above the reasonable rate level.
C. The City must issue a brief written
decision regarding its invocation of
the additional time period.
3. If no action is taken within the above
referenced time periods, the proposed
rates will go into effect, subject to
subsequent refund orders if the City
later issues a decision disapproving any
portion of the proposed rates.
4. In all cases, the City will issue a
written decision to approve the rate
schedule, disapprove the rate schedule or
continue for review.
5. If rates are in ezcess
of the FCC's
1. If the initial rates and /or any
subsequent rate increases are within the
be reduced by
FCC standards, the rates will be
the City pursuant to
effective thirty (30)
days after
regulations.
submission.
D. After the initial rate schedule
2. If the City is unable
to determine
followed, as described in
whether the rate in issue
is within the
Grantee and /or any other cable
FCC's standards, based on
the material
in conjunction with each change
before it, or if the Grantee or any other
cable operator has
submitted a
cost -of- service showing
seeking to
justify a rate above the FCC's reasonable
rate level, the City may take an
additional period of time to make a final
determination and toll the effective date
of the proposed rates for a commensurate
' period.
a. The City may take an additional 90
days if it needs more time to ensure
that a rate is within the FCC's rate
standards.
b. The City may take an additional 150
days to evaluate a cost -of- service
showing seeking to justify a rate
above the reasonable rate level.
C. The City must issue a brief written
decision regarding its invocation of
the additional time period.
3. If no action is taken within the above
referenced time periods, the proposed
rates will go into effect, subject to
subsequent refund orders if the City
later issues a decision disapproving any
portion of the proposed rates.
4. In all cases, the City will issue a
written decision to approve the rate
schedule, disapprove the rate schedule or
continue for review.
5. If rates are in ezcess
of the FCC's
standards, the rates may
be reduced by
the City pursuant to
applicable FCC
regulations.
D. After the initial rate schedule
procedures are
followed, as described in
this Section,
Grantee and /or any other cable
operator shall,
in conjunction with each change
in the rates
-3-
and charges applicable to basic cable service,
conform to the standards of the FCC. Before
any rate change is effective, Grantee and /or
any other cable operator shall notify the City
of its requested rate change by giving the
'
City thirty (30) days advance written notice
before the change is effective and by
providing the City with its rates and
applicable information pursuant to FCC
regulations.
E. To the extent specifically permitted by
,
federal law and applicable FCC rules, Grantee
and /or any other cable operator shall be
permitted to appeal to the FCC for a review of
the decision of the City.
4. Consultant and Costs.
'
A. The City may utilize a rate consultant to
advise it on proposed rate changes and to
assist it in the procedures and the standards
for review adopted by the FCC. A rate
consultant may be any person who has
sufficient background and experience, in the
sole opinion of the City, to properly evaluate
and analyze rates and charges.
B. All costs for the review of initial rates or
rate changes shall be paid by the cable
operator upon demand of the City, unless
contrary to applicable rules of the FCC
governing these procedures or unless otherwise
specifically preempted by state or federal
law. The costs shall include, but not be
limited to, rate consultants, attorney's fees
and the reasonable value of services (as
determined by the City) rendered by the City
or any City employees, agents or
representatives of the City.
SECTION 5. Application of the Requirements in this Ordinance.
The requirements described in this Ordinance are
applicable to the Grantee and all operators of
cable television systems within the City subject to
rate regulation according to the 1992 Cable Act and
applicable FCC rules.
PASSED AND ADOPTED THIS DAY OF , 1993.
Attest: By
�l
L ,
19Z559 I
u
THE FCC's RATE REGULATION PROCESS
Prepared by Moss & Barnett
e Copyright 1993
REGULATING RATES ON THE BASIC TIER
1. CITIES MAY SEEK CERTIFICATION:
- ON OR AFTER SEPTEMBER 1,1993
(PREVIOUSLY JUNE 21, 1993)
• SUBMIT FORM 328 TO FCC
• SEND VIA REGISTERED MAIL, RETURN RECEIPT
REQUESTED
• PROVIDE CABLE OPERATOR WITH A COPY
- THERE IS R9 DEADLINE TO SEEK CERTIFICATION
IMPORTANT CONSIDERATION: FCC RATE FREEZE
EFFECTIVE APRIL 5 1993 WILL EXPIRE NOVEMBER 15
1993
• OPERATORS HAVE DISCRETION TO INCREASE
RATES IF NOT SUBJECT TO RATE REGULATION
2. CERTIFICATION EFFECTIVE WITHIN 30 DAYS:
UNLESS FCC FINDS PROBLEM
' IF SO, CITY MAY REFILE
REGULATING RATES ON THE BASIC TIER (continued)
3. WITHIN 120 DAYS OF CERTIFICATION:
CITIES MUST ADOPT REGULATIONS CONSISTENT WITH
FCC'S
• MAY BE BY ORDINANCE AMENDMENT OR
SEPARATE ORDINANCE
4. OPERATORS HAVE 30 DAYS FROM GRANT OF
CERTIFICATION:
TO SEEK RECONSIDERATION BY FCC
5. OPERATORS MAY, AT ANY TIME, PETITION FCC:
TO REVOKE CERTIFICATION
IF PETITION CONCERNS EXISTENCE OF "EFFECTIVE
COMPETITION ":
• "AUTOMATIC STAY" FOR RATE REGULATION
• SUBJECT TO REFUNDS IF UNSUCCESSFUL
• SUBJECT TO FORFEITURES IF FRIVOLOUS
6. ONCE CITY IS READY TO REGULATE, IT MUST:
NOTIFY OPERATOR
• SHOULD OBTAIN RETURN RECEIPT
• OPERATOR HAS 30 DAYS TO RESPOND
WITH RATE AND BENCHMARK INFORMATION
(FORM 393)
REGULATING RATES ON THE BASIC TIER (continued)
7. IF RATES ARE WITHIN FCC STANDARDS:
RATE WILL BE EFFECTIVE 30 DAYS AFTER SUBMISSION
OF SCHEDULE
S. RATES MAY BE REDUCED TO THE FCC'S BENCHMARK
LEVEL; OR
10% BELOW SEPTEMBER 1992 LEVEL — WHICHEVER IS
LESSER REDUCTION
9. CITY MUST ISSUE A WRITTEN DECISION FOR:
• APPROVAL
• DISAPPROVAL
• CONTINUANCE
10. IF CITY NEEDS MORE TIME (I.E. CONTINUANCE):
UP TO 90 DAYS ALLOWED
UP TO 150 FOR COST -OF- SERVICE PROCEEDING
11. IF RATES EXCEED FCC STANDARDS:
CITY HAS POWER TO ORDER REFUNDS BACK TO THE
SHORTER OF
• SEPTEMBER 1,1993; 0H
• 1 YEAR
REGULATING RATES ON THE BASIC TIER (continued)
12. OPERATOR MAY:
REQUIRE COST -OF- SERVICE PROCEEDING
APPEAL DECISION TO FCC
REGULATING RATES ON THE EXPANDED TIER
1. FEBRUARY 28, 1994 = DEADLINE FOR COMPLAINT ON
EXISTING RATES:
THEREAFTER WITHIN 45 DAYS OF INCREASE
2. COPY OF COMPLAINT MUST BE SENT TO BOTH:
CITY AND CABLE OPERATOR
• USE FCC FORM 329
SEND ON OR AFTER SEPTEMBER 1, 1993
SEND VIA REGISTERED MAIL, RETURN
RECEIPT REQUESTED
• OPERATOR HAS 30 DAYS TO RESPOND TO FCC
3. FCC MAY ORDER:
PROSPECTIVE REDUCTION IN RATES
REFUNDS, WITH INTEREST, FROM DATE OF COMPLAINT
4. OPERATOR MAY REQUIRE COST -OF- SERVICE ANALYSIS.
Please contact Brian T. Grogan, Esq., 612- 347 -0340, with
questions.
BTG1kjd
6712140
1
1
SMM.4 RY OF FCCS 1993 RATE REGULATIONS
(Assumes Absence of Effective Competition)
A. Jurisdiction
1. Franchising Authorities:
i. Must certify to FCC that --
• Rate regulations consistent with FCC's.
• Have legal authority to adopt, and
personnel to administer, rate regulations.
• Procedural rules provide an opportunity for
consideration of the views of interested
parties.
ii. Certification form may be filed with FCC on or
after June 21, 1993
• Certification will become effective 30 days
after filing unless otherwise notified by
FCC.
• If disapproved, FCC will notify regarding
revisions or modifications needed.
• If disapproved, FCC will exercise
franchising authority's regulatory
jurisdiction until franchising authority
becomes qualified via a new certification.
Such new certifications will become
effective upon approval by the FCC,
which approval (or disapproval) will
be issued within 90 days of filing for
recertification.
2. FCC Will Not Exercise Jurisdiction Unless:
• A local franchising authority's certification is
denied or revoked; gZ
• The franchising authority requests FCC to
regulate basic rates because it has insufficient
resources to regulate or it lacks the legal
authority to do so.
M Copyright, 1993 Moss & Barnett, A Professional Association
Franchising authority requesting FCC
intervention due to insufficient funds must
explain why franchise fees cannot be used.
The FCC will not regulate basic rates where
rs-1srszsE
B .
C .
Preemption Issues
1.
Preemption of Franchise Agreements:
• All provisions in franchise agreements
that
prohibit rate regulation are preempted by
the
1992 Cable Act.
2.
Preemption of State Law:
• State laws that preclude rate regulation are
=ft
preempted, although in such cases the FCC
will
assume jurisdiction over basic service
and
equipment rates.
The
Certification Process
1.
The Certification Form:
• Franchising authorities intending to regulate
basic rates must first submit a
form
certification with the FCC.
2.
Joint Certification:
• Joint certification for communities served by
the same cable system is permitted but not
required.
3. Approval of Certification by the FCC:
i. Franchising authorities may begin filing
certifications on June 21, 1993.
ii. There is no deadline by which a franchising
authority must seek certification.
iii. Franchising authority must either mail the form
by registered mail, return receipt requested, or
hand deliver the form and obtain a date stamped
copy.
-2-
i
• Certification will automatically go into
effect in 30 days unless the FCC finds it
1
is defective.
- The 30 -day period will run from the
'
date stamped on the return receipt or
copy.
V. Franchising authorities will not be able to
'
begin regulating rates until they have adopted
regulations consistent with those adopted by the
FCC and have implemented rules which give
interested parties a reasonable opportunity to
comment during the rate regulation process.
• Franchising authorities have 120 days from
the effective date of certification to
adopt these rules and regulations.
'
4. Cable Operator's Challenge to Certification:
i. Cable operators may file a petition for
'
reconsideration challenging the franchising
authority's certification
• Petitions may be filed any time within the
30 day period after a certification has
become effective.
• Operators may file petition for
reconsideration on the ground system is
subject to effective competition.
- Operators will be granted an automatic
stay of rate regulation until
resolution of this petition, subject
'
to refund liability back to the date
the petition was filed, if the FCC
subsequently determines that there is
'
no effective competition.
- Operators filing frivolous effective
competition petitions to take
'
advantage of the "automatic stay"
provision will be subject to
forfeitures.
ii. If an operator believes the franchising
authority cannot be certified due to other
defects (lack of legal authority, lack of
adequate resources or inconsistent rate
regulations), the operator may file either:
'
-3-
(1) a petition for reconsideration (which would
be filed within 30 days after the
certification becomes effective), or
(2) a petition for revocation (which could be
filed at anytime). '
• operators filing such petitions will
not be entitled to an automatic stay
of regulation but may request a stay. '
• If the FCC denies a franchising
authority's certification, it will be
notified and informed of necessary
modifications to obtain FCC approval.
D .
E.
Revocation of Certification
'
1. Certification may be revoked if franchising authority
fails to fulfill one of the above - referenced three
conditions for certification.
• while a petition for revocation is pending, a
franchising authority may continue to regulate
'
the basic service rates of its franchises.
• If a certification is revoked, the FCC will
assume jurisdiction over basic service rates
'
until franchising authority becomes recertified.
2. An operator not subject to effective competition that
'
later becomes subject to effective competition may
petition the franchising authority for a change in
its regulatory status.
'
• The operator bears the burden of proving the
existence of effective competition.
'
• Cable operators denied a change in status by a
franchising authority may seek review of that
finding at the FCC by filing a petition for
'
revocation.
a A joint statement may also be submitted by the
'
cable operator and a franchising authority
stating that effective competition exists.
Assumption of Jurisdiction
'
1. If the FCC denies or revokes a franchising
authority's certification, it will exercise the
franchising authority's jurisdiction over basic rate
regulation until the authority requalifies.
-4-
•
Upon denial of or revocation of certification,
the FCC will assume jurisdiction and notify the
' franchising authority and the cable operator.
- This notification to the cable operator
' will require it to file its basic rate
schedule with the FCC within 30 days, with
a copy to the franchising authority.
'
2. Basic rate filings for existing rates or proposed
rate increases for services and equipment must be
accompanied by the appropriate FCC forms.
3. Cable operators with existing or proposed rates above
the permitted tier rate must submit a cost -of- service
showing to the FCC sufficient to support a finding
that their rates are reasonable.
4. The FCC will assume basic rate jurisdiction until the
franchising authority files a "petition for
recertification" that is subsequently approved.
• The petition must contain a clear showing,
'
supported by either objectively verifiable data
such as a state statute, or affidavit, that the
'
underlying reasons for revocation or denial no
longer pertain; and
• Must attach a copy of the earlier decision
denying or revoking the original certification.
2 IMPLEMENTATION OF BASIC TIER RATES
'
A. Initiation of Basic Cable Rate Review:
• once a franchising authority has been certified and
'
has adopted the appropriate rules, it must notify the
cable operator that these requirements have been met
and that it intends to regulate basic service rates.
'
- The cable operator will have 30 days to file its
basic rate schedule (and any supporting material
concerning the reasonableness of its rates) with
'
y the franchising authority.
B. Franchising Authority Review of Basic Cable Rates:
'
franchising
• A two -step approach will be utilized by
authorities to review a cable operator's current
rates for the basic service tier and accompanying
1
equipment, or proposed increases in those rates.
C.
1. If a franchising authority is able to ,
determine that a cable operator's "current rates" are
within the FCC's reasonable rate standards, the rates '
may go into effect 30 days after they are submitted.
- If the franchising authority finds that a
,
"proposed rate increase" is within the FCC's
'
rate standards, the increase may go into effect
30 days after filing with the franchising
authority.
,
2. Second Step If the franchising authority is unable
to determine whether the rate in issue is within the
'
FCC's reasonable rate standards, based on the
'
material before it, or if the cable operator has
'
submitted a cost -of- service showing seeking to
justify a rate above the FCC's reasonable rate level,
'
the franchising authority may take an additional
,
period of time to make a final determination.
- A franchising authority may take an additional
'
90 days if it needs more time to ensure that a
rate is within the FCC's rate standard.
,
- The franchising authority may take an additional
150 days to evaluate a cost -of- service showing
seeking to justify a rate above the reasonable
,
rate level.
• The franchising authority must issue a
brief written decision regarding its
'
invocation of the additional time period.
• If no action is taken within these time
,
periods, the proposed rates will go into
effect, subject to subsequent refund orders
if a franchising authority later issues a
decision disapproving any portion of the
'
proposed rates.
Notification of Mates
'
• The cable operator must notify subscribers, as well
as the franchising authority at least 30 days before
'
any proposed increase is effective.
- The cable operator will IIQt, be required to
publish a notice of the proposed rate .increase
,
in newspapers or provide information to
subscribers regarding how to lodge a complaint.
- Operators will be required to include in their
subscriber notifications the name and address of
-6-
1
'
E. Proprietary Information
the local franchising authority, so that the
t
requisite information on complaint procedures
'
can be readily obtained by a subscriber.
D. Due Process
'
• The franchising authority is required to issue a
written decision to the public whenever it
'
disapproves:
i. An initial basic cable rate;
ii. A request for an increase in whole or in part;
or
iii. Approves a proposed rate over the objections of
'
interested parties.
- No written decision is necessary approving
'
a basic cable rate or rate increase in its
entirety if there have been no objections.
E. Proprietary Information
• Franchising authorities have the right to collect
t
information, including proprietary information, in
order to make a rate determination in those cases
where operators have submitted initial rates or
proposed rate increases that exceed the FCC's
'
reasonable rate standard.
F. Remedies
'
• Franchising authorities may order prospective rate
reductions and, where they have determined that
existing or proposed rates are unreasonable,
prescribe a reasonable rate.
• Franchising authorities may also invoke the remedy of
ordering refunds in three (3) situations:
1. If the operator fails to comply with a rate
'
decision and continues to charge unreasonable
rates:
- The franchising authority can order refunds
'
back to the effective date of its rate
order.
2. As part of its initial review of existing cable
rates, an authority has the discretion to order
refunds for reasonable rates that exceed the
-7-
G.
A .
1. Introduction of Benchmark: '
• The FCC has adopted a table of benchmarks based
on the average September 30, 1992, rates of
systems subject to effective competition. '
• The FCC applies different benchmark rates to
systems based on the individual system's '
- number of channels,
- subscribers, and ,
- satellite signals.
i
-8-
F I
FCC's permitted tier charge and are not
supported by a persuasive cost -of- service
showing by the cable operator.
'
3. If the franchising authority has tolled a
proposed rate increase for 90 or 150 additional
days and has not completed its review by the end
'
of these time periods:
- The proposed rates can go into effect
subject to a refund if portions of the
'
rates are later found to be unreasonable.
Note For matters 2 and 3 above, the refund period
'
is limited to a maximum of one year.
Notification of Basic Tier
'
• Cable operators must notify subscribers of the
availability of basic tier service within 90 days or
3- billing cycles from the effective date (June 21,
1993) of the FCC's rules and are required to notify
new subscribers at the time of installation.
- Cable operators who can demonstrate they have
satisfied the notification requirement in the 12
months prior to June 21, 1993, will be exempt
from this requirement provided their notice
'
conforms to the format and content requirements
of the FCC's rules.
'
3. REGULATION OF BASIC SERVICE TIER
RATES AND EQUIPMENT
'
Benchmark Used to Govern Mates for the Basic Service Tier
1. Introduction of Benchmark: '
• The FCC has adopted a table of benchmarks based
on the average September 30, 1992, rates of
systems subject to effective competition. '
• The FCC applies different benchmark rates to
systems based on the individual system's '
- number of channels,
- subscribers, and ,
- satellite signals.
i
-8-
F I
I
LI
t
2. Application of Benchmark Formula:
a. The FCC will consider reasonable a per - channel
rate for the basic service tier that is at, or
below, the benchmark level when a system becomes
subject to regulation.
- The initial regulated rate for such a
system shall be its rate in effect on the
date the system becomes subject to
regulation, regardless of the amount that
rate is below the benchmark.
b. Rates exceeding the applicable benchmark at the
time regulation begins are presumably
unreasonable because they exceed the average
rate charged by system subject to effective
competition.
C. Some systems with rates at the onset of
regulation that are above the benchmark may have
had rates that were below the benchmark on
September 30, 1992.
Such systems are not subject to a rollback
from levels in effect on September 30th,
because the rates were presumably
reasonable on that date.
• These systems must reduce rates from
existing levels to the benchmark, but
they may maintain increases from
September 30, 1992, levels up to the
benchmark and adjust rates to reflect
inflation.
d. For a system with basic tier rates above the
benchmark, both when it becomes subject to
regulation and on September 30, 1992:
The maximum permitted rate will be the
September 30, 1992, rates reduced ten
percent (10 %) but no lower than the
benchmark rate for that system.
e. Those systems with initial rates based on
adjusted September 30, 1992, rates may further
adjust those rates to reflect inflation
occurring between September 30, 1992, and the
time when regulation of the basic service tier
begins.
-9-
H.
• The FCC establishes an annual adjustment index
that permits changes in each system's cap for
the basic service tier based on general changes
in the cost of doing business.
0 The FCC adopts the GNP fixed weight price index
(GNP -PI) as the annual adjustment index for the
cap for basic service tier rates. '
• Cable operators may adjust the capped base
per - channel rate for the basic service tier
annually after the final GNP -PI is published by
the Department of Commerce for the preceeding
year. '
2. External Costs:
a. Retransmission Consent
• The FCC concludes that retransmission
consent costs should be treated as external '
to the benchmark.
-10- '
- They must also apply an efficiency
adjustment, specified the rules, to those
rates if the total number of subscribers or
'
channels on the system changes between
September 30, 1992, and the time of
regulation.
,
- After those adjustments are made, the
initial permitted rate for the basic
'
service tier will then be capped as
described herein.
Adoption of the Price Cap
,
• The FCC has adopted a price cap mechanism to ensure
that future rate increases remain within reasonable
'
bounds.
- The price cap rate for the basic service tier
will be expressed as a rate per channel to
facilitate rate calculations and review.
- The price cap applies to all regulated systems,
'
including those systems with rates that are
below the benchmark on the date that regulation
commences:
'
• unless a cable system justifies higher
rates based on cost -of- service principles.
'
1. Annual Adjustment Index:
• The FCC establishes an annual adjustment index
that permits changes in each system's cap for
the basic service tier based on general changes
in the cost of doing business.
0 The FCC adopts the GNP fixed weight price index
(GNP -PI) as the annual adjustment index for the
cap for basic service tier rates. '
• Cable operators may adjust the capped base
per - channel rate for the basic service tier
annually after the final GNP -PI is published by
the Department of Commerce for the preceeding
year. '
2. External Costs:
a. Retransmission Consent
• The FCC concludes that retransmission
consent costs should be treated as external '
to the benchmark.
-10- '
1
- Retransmission consent costs shall be
'
accorded external treatment only after
October 6, 1994, and only for new or
additional fees beyond those already
in effect on October 6, 1994.
'
b. Programming Costs Other Than Retransmission
Consent:
'
• FCC will treat programming cost increases,
other than retransmission consent, as
external to the benchmark.
- The FCC's accounting and cost
allocation requirements will determine
the share of programming costs to be
allocated to the basic service tier.
- Programming costs for programming
obtained from affiliated entities is
limited to the percentage change in
the admissions component of the
Consumer Price Index between the
effective date of the price increase
and the date the previous price took
'
effect.
• The FCC also excludes from the cap--
'
- taxes, franchise fees, and
- the costs of satisfying franchise
'
requirements including:
• costs of satisfying franchise
requirements for local, public,
educational, and governmental
(PEG) access channels.
• The FCC's accounting and cost
allocation requirements provide
the costs associated with PEG
channels carried on the basic
' V
tier will be directly assigned to
the basic tier where possible and
remaining costs will be allocated
between tiers in proportion to
the number of channels on each
tier.
• For all categories of external costs, other
than franchise fees, changes in external
-11-
C .
D.
Cost
of Service Showings
,
costs shall be measured from
the date on
which the system becomes
subject to
regulation, or 180 days from
the effective
'
date of the FCC's regulations
(December 20,
1993), whichever occurs first.
the FCC's benchmark/rollback provisions.
• Changes in external costs occurring prior
- An operator may exceed the benchmark or capped
to December 20, 1993, including from
September 30, 1992, will not
be accorded
external treatment.
'
'
C .
D.
Cost
of Service Showings
,
•
The cable operator is permitted to make a
cost -of- service showing to determine the reasonable
rate for its system.
'
- The resulting rate determination will supersede
the FCC's benchmark/rollback provisions.
- An operator may exceed the benchmark or capped
rate if it can make the necessary cost showings
in certain circumstances.
'
- A cost -of- service determination resulting in a
rate below the system's September 30, 1992, rate
minus ten percent (10 %) will prescribe that
system's new rate.
•
The FCC will shortly issue a second further Notice of
1
Proposed Rulemaking to seek additional comment on the
development of appropriate cost -of- service standards.
•
Pending the above - referenced rulemaking, cable
,
operators may elect to maintain current
above - benchmark rates and attempt to justify them in
their initial rate filings pursuant to the general
'
principles for cost -of- service regulation.
Cost
of Service Standards
'
•
Alternatively, operators may elect to reduce these
rates as required by the FCC's benchmark regulations.
'
•
Cable operators that reduce rates in accordance with
FCC requirements may seek to raise rates above the
cap pursuant to the general procedures the FCC is
'
establishing for cable operators seeking rate
increases for the basic service tier.
•
Franchising authorities (or the FCC in appropriate
'
circumstances) will review cost -of- service showings
-12-
'
1
L
-13-
by cable operators seeking to raise rates above
capped levels.
- Cable operators or subscribers may appeal a
local decision to the FCC. The FCC will review
such local decisions on a case -by -case basis
pending the cost -of- service rulemaking.
4. REG Ut AMONS GOVERNING RATES FOR EQUIPMENT
A. Equipment Covered
• The FCC concludes that equipment "used to receive the
basic service tier" includes:
- Converter boxes
- Remote controls
- Connections for additional television sets and
cable home wiring
• All systems subject to rate regulation must comply
with the actual cost standards for equipment and
service installations used to receive the basic
service tier.
B. Unbundling
• Cable systems must unbundle charges for equipment,
installation, and additional outlets from the rates
for basic service.
- Operators must also calculate separate charges
for installations, remote control units,
converter boxes, and other customer equipment.
C. Actual Cost Standards
• Franchising authorities regulating equipment used to
receive the basic service tier shall require cable
operators to establish an equipment basket to which
the operator will assign the direct costs of service
installation, leasing, and maintaining and servicing
customer equipment.
- The basket will include an allocation of all
'
system joint and common costs that installation,
leasing, and repairing equipment share with
other system activities, excluding general
system overhead.
L
-13-
F
�.J
D.
• The equipment basket costs include a
reasonable profit.
,
- A cable operator must also calculate an hourly
service charge ( "HSC") through which it would
recover all equipment basket costs (including a
reasonable profit) except for the operator's
cost of purchasing and financing the lease of
customer equipment.
• Charges for leasing each type of remote control unit
shall be designed to recover the operator's cost of
purchasing and financing the remote, and expected
'
repair and service charges over the useful life of
the equipment.
- Expected repair and service charges are to be
determined by multiplying the estimated average
number of repair and service hours per remote by
the HSC.
,
- Charges for leasing converter boxes and all
other equipment shall be calculated in the same
'
manner as for remotes.
• For installation charges, the cable
operator must elect a uniform installation
charge that is calculated based upon either:
- The HSC z the person hours of the
'
visit; 21
- The HSC x the average hours spent per
installation visit.
• The FCC's rules do not preclude an operator from
selling equipment to subscribers.
- The equipment price shall be set at no higher
than necessary to recover the operator's costs,
including all costs incurred for storing and
preparing equipment for sale up to the time it
is provided to the customer, including a
reasonable profit.
Promotions ,
• FCC rules permit operators to offer promotions,
including a permanent below -cost offering of
installations.
- Cable operators must exclude the costs of
promotions from the equipment basket, but may
r
-14-
' • The FCC allows a cable operator, if it incurs
additional charges for programming carried on basic
or cable programming services channels that it
transmits to additional outlets, to recover these
charges through a monthly charge levied for
additional outlets in fact receiving that programming.
include these costs in general overhead as part
of a cost -of- service showing.
'
Additional Connections
• The FCC requires that costs associated with the
installation of, and equipment used with, additional
'
connections be included in the equipment basket.
- The installation charged for additional
connections is the HSC z the person hours of the
visit or the .HSC z the average number of hours
spent per visit.
• If the operator elects to use an average installation
time, the FCC requires two rates:
1. For wiring additional connections at the time of
the installation; and
2. If the operator makes a separate visit to
'
install the additional connection.
' • The FCC allows a cable operator, if it incurs
additional charges for programming carried on basic
or cable programming services channels that it
transmits to additional outlets, to recover these
charges through a monthly charge levied for
additional outlets in fact receiving that programming.
1
-15-
F. Cost of Franchise Requirements
• The FCC has determined that cost attributable to
'
satisfying franchise requirements shall include:
1. The sum of per - channel costs for the number of
channels used to meet franchise requirements for
'
public, educational, and governmental channels;
2. Any direct costs of providing any other services
required under the franchise; and
3.. A reasonable allocation of overhead.
G. Customer Changes
• The FCC's standards and procedures are ezpected to
prevent unreasonable charges for a customer changing
equipment or service tiers.
- The FCC's regulations apply to any changes in
'
the number of service tiers and charges for
1
-15-
u
- The operator
must prove to
• '
changing equipment that are at the i
t
subscriber's request after the installation of
the churn level
initial service.
,
• These same standards apply to upgrades and
downgrades in service tiers.
'
- The FCC requires that customers be allowed 30
days after notice of retiering or rate increases
must notify all
to change service tiers at no charge
• Operators may impose only a nominal charge for
subject to an increased charge if
changing service tiers affected solely by coded entry
'
on a computer terminal or by other similarly simple
more than the
method.
specified number of times in one
- The FCC considers any charge under $2.00 nominal.
- These charges cannot exceed the actual costs of
changing tiers.
f
• Operators who believe their system has an increasing
and unacceptable level of "churn" in service tiers
may establish an increased charge for changing
service tiers more than two times in one year.
- The operator
must prove to
the franchising
t
authority that
the churn level
in cable service
tiers has reached an unacceptable level and that
its escalating
scale of charges
is reasonable.
- The operator
must notify all
subscribers that
they will be
subject to an increased charge if
they change
service tiers
more than the
'
specified number of times in one
year.
• For changes in service tiers or equipment that
involve more than coded entry on a computer or other
similarly- simple method, the FCC adopts the actual
cost guidelines for equipment and installation.
- The actual cost charge would be either the HSC x
the amount of time it takes to affect the change
or HSC z the average time such changes take.
5. REGJLATiON OF CABLE PROGRAMMING SERVICES
ote "Cable programming services is defined broadly as
all video programming provided over a cable system except that
provided on the basic service tier or on a per - channel or
per - program basis.
-16-
1
• Upon receipt of a cable programming service
complaint submitted on the FCC form, the FCC
will review the complaint to determine whether
it meets the minimum showing needed to permit
' the complaint to go forward.
The operator must respond to a complaint
filed on the standard complaint form within
30 days of service of the complaint, unless
the FCC notifies the operator that the
-17-
A. Complaints Regarding Cable Programming Service Rates
1. Procedures for Receiving, Considering, and Resolving
Complaints:
• The FCC will not regulate cable programming
1
service rates until it receives a complaint that
a particular operator's rates are unreasonable.
- Complaints alleging that a cable operator's
current programming rates are unreasonable
will have 180 days from the effective date
of the FCC's rules to challenge existing
'
rates (approximately December 10, 1993).
- With regard to rate increases, complainants
must file complaints about cable
programming service and equipment rates
within 45 days from the time subscribers
receive a bill that reflects the rate
increase.
• The complainant must supply certain readily
'
available factual information and must allege
that the rate is unreasonable because it
violates the FCC's rate regulations.
- Complainants must use the complaint form
adopted by the FCC and serve a copy on the
1
cable operator and franchising authority.
- Franchising authorities are encouraged to
assist subscribers in completing complaint
forms and subscribers are free to attach
the view of the franchising authority when
submitting a complaint to the FCC.
- Franchising authorities will not be
permitted to formally review and adjudicate
cable programming service complaints in the
'
first instance.
• Upon receipt of a cable programming service
complaint submitted on the FCC form, the FCC
will review the complaint to determine whether
it meets the minimum showing needed to permit
' the complaint to go forward.
The operator must respond to a complaint
filed on the standard complaint form within
30 days of service of the complaint, unless
the FCC notifies the operator that the
-17-
B.
C.
• The FCC adopts the same competitive benchmark for
cable programming services as for the basic service
tier and applies it in the same manner to determine
the initial permitted per- channel rate for cable
programming services. '
• The FCC also adopts the same price cap requirements
for cable programming service as for the basic
service tier, including the same annual adjustment ,
index, and requirements for, and treatment of,
external costs.
1. Application of Benchmark:
• Systems with a per - channel rate for cable
programming services at or below the benchmark '
at the time the system becomes subject to
regulatory review will be considered reasonable
and that rate will be its permitted rate.
1
-i•- 1
complaint fails to satisfy the minimum
showing requirement.
Remedial and Enforcement Procedures for Rates Found to be
Unreasonable
• if cable programming service rates are found to be
unreasonable, the FCC will order the operator to
reduce rates perspectively and to reflect that
reduction in perspective bills to customers.
- The operator will also be required to refund
overages (plus interest) to subscribers, with
refunds being calculated from the date the
complaint was filed until the date the operator
implements the reduced rate perspectively in
bills to subscribers.
• When assessing a complaint that a cable system's
cable programming service rates are unreasonable, the
FCC will use the same test of reasonableness adopted
for basic service rate regulation.
• The FCC will use a benchmark approach as the
,
principal form of rate regulation for cable
programming services, with cost -of- service showings
used only by cable systems whose rates exceed the
benchmark.
Adoption of the Benchmark and Price Cap for Cable
Programming Services
'
• The FCC adopts the same competitive benchmark for
cable programming services as for the basic service
tier and applies it in the same manner to determine
the initial permitted per- channel rate for cable
programming services. '
• The FCC also adopts the same price cap requirements
for cable programming service as for the basic
service tier, including the same annual adjustment ,
index, and requirements for, and treatment of,
external costs.
1. Application of Benchmark:
• Systems with a per - channel rate for cable
programming services at or below the benchmark '
at the time the system becomes subject to
regulatory review will be considered reasonable
and that rate will be its permitted rate.
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• Systems with rates in effect at the time of
regulation that are below the benchmark will be
capped at that level.
• For systems with rates at the time of regulation
that are above the benchmark, the permitted
level for such systems will be determined by a
further comparison to the benchmark of rates in
effect on September 30, 1992.
• For systems with September 30, 1992, rates that
are above the benchmark, the rates shall be the
September 30, 1992, per - channel rate reduced by
ten percent (10 %) but no lower than the
benchmark, and then adjusted forward by
inflation.
• For systems with rates on September 30, 1992,
that were below the benchmark, the permitted
rate shall be the benchmark rate adjusted
forward by inflation.
2. Application of Price Cap:
• The price cap will then be applied to the
per- channel rate determined by the above
comparison of rates to the benchmark.
Price cap requirements will be the same as
for the basic service tier.
• As for basic service, the FCC will permit cable
operators to exceed the benchmark rate for cable
programming services based on costs.
Installation or Rental of Equipment Used to Receive Cable
Programming Services
• Complaints concerning rates for equipment and
installation used to receive cable programming
services, either solely or in conjunction with
unregulated programming, shall be subject to the same
actual cost standard implemented for basic tier
equipment and installation.
- The costs of equipment and installation used to
receive cable programming services shall be
included in the "equipment basket" and the
charges associated with this equipment shall be
determined on the same basis as charges for
other equipment subject to the actual cost
methodology.
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1
A.
B .
C.
Small System Burdens '
• Franchising authorities regulating small cable
systems are permitted to exempt those systems from
having to file an initial rate schedule with the ,
franchising authority.
In such cases, the small system need simply
certify to the authority that its rates for
basic service and equipment are reasonable and
are within the applicable benchmark formula.
- A small system whose rates exceed the benchmark,
a small system proposing to increase its basic
rates or a small system that is the subject of a '
cable programming service complaint, is _not
exempted from the procedures the FCC has
established.
-20- .
• Cable o p erators are required to unbundle equipment
and installation rates from the equipment used to
receive these services.
- Cable operators are required to unbundle
installation rates for cable programming
services from rates for equipment leasing.
S. PROVISIONS APPUCABLE TO CABLE SERVICE GENERALLY
Geographically Uniform state Structure
• A cable system must have a uniform rate structure
'
throughout the franchise area.
• Cable operators may offer reasonable discounts to
senior citizens and other economically disadvantaged
individuals (persons who receive federal, state, or
local welfare assistance).
Negative Option Billing
• Cable operators may n,Qt charge a subscriber for any
service or equipment that the subscriber has not
affirmatively requested by name.
- This provision shall not apply to changes in the
mix of channels in a tier, or restructurings of
service, even when those changes are accompanied
by a rate increase, unless the changes alter the
fundamental nature of the service tier.
'
Small System Burdens '
• Franchising authorities regulating small cable
systems are permitted to exempt those systems from
having to file an initial rate schedule with the ,
franchising authority.
In such cases, the small system need simply
certify to the authority that its rates for
basic service and equipment are reasonable and
are within the applicable benchmark formula.
- A small system whose rates exceed the benchmark,
a small system proposing to increase its basic
rates or a small system that is the subject of a '
cable programming service complaint, is _not
exempted from the procedures the FCC has
established.
-20- .
f
• The maximum commercial leased access rates that a
cable operator may charge is the highest net implicit
fee charged by any nonaffiliated programmer within
the same program category.
- The implicit rate is calculated by determining
the amount paid per month by subscribers for the
service and deducting from that the amount that
is paid per month to the programming service
vendor.
- The difference between the amount received and
the amount paid is the net implicit leased
channel rate.
1 - Such rates are to be calculated separately for:
j 1. Pay - per - program or pay channels;
2. Channels containing more than 50% direct
sales (home shopping networks); and
' 3. All other channels.
-21-
For these purposes, a *small
stem' is a s
system* stem Y
served by an integrated headend
subscribers.
with fewer than 1,000
D. Leased Commercial Access
'
• A cable operator and commercial
leased access user
may negotiate channel placement
and tier access for
leased programming.
- Cable operators may not set terms and conditions
for users based on content
except to the extent
'
necessary to establish a
reasonable price for
use of channel capacity and to comply with the
FCC's indecency standards.
- Cable operators are also
required to provide
billing and collection
services for leased
access users, unless the
the existence of third
operator demonstrates
party billing and
collection services which
in terms of cost and
accessibility, offer leased access users an
alternative substantially
equivalent to that
offered comparable non - leased programmers.
• The maximum commercial leased access rates that a
cable operator may charge is the highest net implicit
fee charged by any nonaffiliated programmer within
the same program category.
- The implicit rate is calculated by determining
the amount paid per month by subscribers for the
service and deducting from that the amount that
is paid per month to the programming service
vendor.
- The difference between the amount received and
the amount paid is the net implicit leased
channel rate.
1 - Such rates are to be calculated separately for:
j 1. Pay - per - program or pay channels;
2. Channels containing more than 50% direct
sales (home shopping networks); and
' 3. All other channels.
-21-
E. Subscriber Bill Itemization
• Cable operators may identify as a separate line item
on each subscriber bill the amount of any fee, tax,
assessment, or charge imposed by a government entity
on the transaction between the operator and the
subscriber.
649Z140
-22-
� 1994 GOALS
1
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MEMORANDUM
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Paul Krauss, AICP, Planning Director
DATE: August 9, 1993
SUBJ: 1994 Planning Department Goals and Budget Request
BACKGROUND
Over the past four years I have traditionally taken the opportunity presented by the budget
process to update the City Council on progress towards meeting our annual goals.
1993 has been an unusually hectic year. The Planning Department workload increased
dramatically due in large part to the large number of new developments applications. This type
of activity runs in cycles depending largely on economic trends. However, it is clear that
"Chanhassen's time as a major player" in the Twin Cities region, has clearly arrived. We are
clearly viewed as a desirable place in which to live and work due in large part to the support of
the City Council's major efforts to maintain our quality of life. While we are subject to state and
national economic trends and upon the availability of sufficient developable land (i.e. future
MUSA line amendments), the current pace of development is likely to persist.
At the same time, the Planning Department remains committed to a variety of short and long
term projects including:
• Recycling
• Southwest Metro T ...sit
• Senior Support Se:— .s and Senior Housing Development
• Permit Review and i;ode Enforcement
• SWMP Program
• Hwy. 5 Project
• Representing the Cir's interests before a variety of regional and state agencies
• Tree Board
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•� 1994 Planning Department Goals/Budget
August 9, 1993
Page 2
' 1993 has also been a year of considerable upheaval for our department. Jo has left us after 9
years of committed service. Her experience will be difficult to replace. Secondly, on the
' positive side, we have finally filled the Water Resources Coordinator position that was outlined
in the original 1990 Surface Water Managing Program. Managed jointly by the Planning and
Engineering Departments, this program is already paying large dividends in protecting our
environment and improving service and responsiveness to our residents.
The last departmental upheaval is of a more personal nature. I am writing this memo in Lima,
' Peru with our daughter Rachel. God willing, by the time you read this she will be home with
us in Minnesota. The adoption process has directly and indirectly absorbed a lot of my time in
the past few months, while my commitment to Chanhassen remains strong, my absence has
' contributed to some delays and increased work load for my staff. I appreciate the support I have
received from the Council and look forward to resuming my normal responsibilities. Special
thanks are due to Kate, Sharmin and Vicki who kept things together while I was gone.
' PROGRESS FORWARDS 1993 GOALS
' The following is a summary of the department's 1993 goals and mid -year progress:
1. Complete the Highway 5 Corridor Study. At the time of writing the Highway 5 Study
is nearing completion. We expect to have it finished by early fall. Planning Commission
review and hearings are being scheduled for September 15 and
' More importantly, the project is already starting to pay big dividends. Quite simply, the
way in which we do business and the City's expectation of new development in the
corridor has already been raised. The project has provided a means for city residents to
begin to get motivated in the corridor future. It has helped us to establish a stronger
working relationship with Minnesota Department of Transportation, one that will provide
' a large amount of financial support for completion of the northern access boulevard. At
the time of writing, it even appears that the study will have provided a mechanism for
positively responding to mitigating impacts from development.
' The city has also developed an excellent and wide- spread reputation in the area of urban
design. This was evident in our receiving a nearly $300,000 ISTEA Grant to construct
the pedestrian overpass. This one:srant alone will more than offset the cost of the entire
project and environmental assessmft.
tee,
' In summary, we believe the project represented an excellent use of city resources.
2. Complete the Surface Water Mary.;ement Program planning effort and establish the
program on a permanent footing. Here again we have an example of a program that
is paying in large dividends even ' We it is completed. Again, it has changed the way
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1994 Planning Department Goals/Budget
August 9, 1993 '
Page 3
we do business. It insures that new development is much more sensitive to protecting our
surface water and wetland resources. It also gives us an understanding of quality
,
problems that have been occurring in our lakes and gives us a means to positively
respond and correct them.
'
The plan will be completed on schedule and is to be delivered to the City Council this
fall. This past year we began undertaking remediation projects around the city. Our
Public Works Department has developed a good working knowledge of the program and
have expanded their responsibilities under it. We have also added an in -house coordinator
for the program, who is jointly managed by the Planning and Engineering Departments.
'
In short, we are poised to make a major positive impact on the quality of our natural
environment.
3. Senior Commission /Senior Center. Planning staff continues to provide support for the
Senior Commission as their role in providing services grows. A noteworthy
accomplishment in 1993 is the opening of the Senior Answer Line. Operating out of our
'
center it is a joint effort of the City and Carver County. With a county funded
coordinator and volunteers, it is a one -stop information service. Sharmin Al -Jaff
deserves the recognition for bringing this off.
,
One of our focuses in 1993 has been on the preparing the ground work to undertake a
Senior Housing project in the CBD. The feasibility study was completed and reviewed
by the Commission, City Council and HRA. The probable project has been defined based
upon market demand. We are aware of budgeting constraints with the TIF program, we
are seeking ways to minimize direct city cost without losing management control to insure '
that the housing continues to respond to the needs of our residents. We expect to
conclude this phase of the project in the next few months with construction possible for
next year. 1
4. CDBG program/maintain eligibility. Staff has been working intensively with the mayor '
on this project all year. We have made considerable progress and have apparently been
included in the 1994 funding allocation.
S. Computerize departmental functions. Is an on -going goal for the past few years and we '
continue to make progress along with other departments. Currently, we are all using the
PC's to draft memos and reports The.SWMP,, . #ling is on disk and will be up and
running at City Hall shortly. Other uses are -ex, -ted by next year.
6. Continue to enhance recycling efforts. The City continues to maintain an effective and '
expanding program. Recent appliance and hazardous materials drop -off days were highly
successful. A study of city coordinated pickup. service to insure responsiveness and
reduce damage to local streets are currently in lu bcess. '
1994 Planning Department Goals/Budget
August 9, 1993
Page 4
' 7. Continue the need to upgrade, revise and improve the zoning ordinance. This is an
on -going goal from year to year. We have implemented numerous minor changes. Major
amendments include the wetlands ordinance, improved landscaping standards, sign
' ordinance and upcoming Hwy. 5 standards.
8. Strive to maintain and improve Chanhassen's image as a progressive community that
sets high standards for development. Maintain good working relationships with
developers, residents and out state agencies to ensure that city goals and policies Can
be achieved. This is an on -going goal and one that occupies much of my time as well as
my staff's. We continue to strive to be responsive to inquires and concerns raised by
residents. We serve on a large number of regional and state task forces, committees, etc.
' We have developed a regional reputation for being innovative in the areas of urban design
and environmental protection. I believe the goal is being met but continuing efforts are
required since this is not something that can be.
PROPOSED 1994 GOALS
1. Implement Hwy. 5 Plan. While the plan and ordinance have been completed, they must
be refined during the review process, given formal public hearings and adopted. The
Comprehensive Plan needs to be amended to incorporate the document and revised land
use plan. The zoning ordinance also needs to be amended. It is likely that we will have
to process several city - initiated revisions to the zoning map to bring it into compliance
with the Hwy. 5 Plan's recommendations. There are a number of long -term tasks to go
along with the plan including working with new developments to bring them into
compliance and working with MnDOT and others on issues related to the highway and
access boulevards. One important factor to watch is the 1995 Study Area on Hwy. 5.
You have already received one request to bring it into the MUSA line and will probably
be getting others. It is clear that the City is growing faster than anticipated and that there
' will be a need to consider bringing this area into the MUSA line within the next 12 -24
months. It is impossible to anticipate how involved a request the Metropolitan Council
will demand at that time but we should be prepared for a major work effort
' Related ro'ects to be undertaken in 1994 include building the Hwy. 5 pedestrian
P J g wy ped
overpass. We secured a $280,000 ISTEA grant for the projw_ must start construction
in 1994. At this point, project management and public r Vv - .)f bridge designs are the
main tasks. Secondly, we are working with Southwest Meta . . ransit and the American
Legion to develop plans for redevelopment of the site. This would involve building a
new legion hall, park and ride lot and motel/restaurant. The City is acting as the project
facilitator and is meeting with the parties and area residents. 'lu 1994, we expect to know
if this is feasible and has merit. We expect to be able to brig g it back to the HRA/City
Council for review.
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1994 Planning Department Goals/Budget
August 9, 1993
Page 5
2.
Implement SWMP. This is another program that is winding up its planning phase and
needs to be re- tooled for the long haul to address the City's water quality and wetland
'
protection concerns. We are in a good position to proceed based upon the quality of our
plan and our staff. Funding for SWMP remains a problem. I have told you for three
years that the program had sufficient funding for the planning and initial phase but was
'
inadequate to cover construction, land acquisition, etc. The program was initially funded
at 60% of staff's initial 5 year request and due to an error by the original consultant, we
are only getting 60% of that. I expected that we would finish 1993 with the SWMP fund
'
nearly zeroed out. This did not occur for several reasons. We did not bring our Surface
Water Coordinator on until mid -year which saved on salary but also significantly delayed
project development, educational programs, water quality testing, etc. We had also
'
scheduled several construction projects on Lake Lucy and Lake Riley which were delayed
due to delays in subdivisions that the project was linked to and an inability of staff to
manage and promote projects due to work load. We expect to make up for lost ground
,
in 1994 and the issue of correcting SWMP rates needs to be addressed if the program is
to reach its goals.
'
3
Senior Housing Development. For several ears the City has been studying
g P Y t3' Y g the
feasibility of building senior housing in our community. This has been a goal of the
Senior Commission for at least 3 years. We have completed a feasibility study that
'
defined the need and type of housing that is required and are currently completing a
financial study of how best to attain what is needed. A public /private partnership to build
a 70 unit, 2 -3 story project with underground parking in the CBD seems the likely
'
outcome. Things are moving forward and it seems likely that we may at least be able to
lock up a site in 1994 and potentially secure a developer and initiate the project.
'
4.
Continue work to expand senior services. In 1993, we were able to start up the Senior
Answer Line. In 1994 we wish to continue to understand and meet senior needs in
related areas.
'
5.
CDBG. Now that we have reached our goal of securing funding into the future, we need
to get back down to business regarding project development and program operations. It
,
seems likely that senior support services and construction to meet ADA requirements are
likely to use the lion's share of funding for the next few years.
,
6.
Recycling/Organized Collection. The City is currently in the procer :' completing
Phase I of the organized collection study. This was designed to see if the` '.ea had merit
'
from the standpoint of minimizing neighborhood disruption, street maintenance, cost and
levels of service. The idea seems to have some merit and the Council will soon be asked
if they wish to proceed with Phase Il which could culminate in contract development and
'
program administration. If we proceed with phase II, this will largely be a. 1994 project.
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' 1994 Planning Department Goals/Budget
August 9, 1993
Page 6
With the exception of this project, the recycling program is largely in -place and requires
relatively little oversight.
' 7. Tree Preservation. The Tree Board has been working to develop improved preservation
ordinances and is nearing the end of this task. For 1994, I have set a goal of putting the
' program in a more permanent footing. I am seeking an increase of funding up to
$30,000. This will allow us to regularly hire a forestry intern. At relatively little cost,
we have been able to use this person to more effectively review and manage
' developments while responding to many resident concerns regarding their trees. I do not
see making this a full time position in the near future but want to explore the potential
of sharing this person and related costs with other communities. Secondly, I would like
to be able to start an organized reforestation effort on public lands and ROW with the
additional funding.
8. Environmental Commission. I am proposing that the Council constitute an
Environmental Commission that would replace the work of the SWMP Task Force,
Recycling Committee and Tree Board. Each of these groups have reached a point where
their work load has diminished. We still need them for important input but they would
not convene with enough frequency to be consistent or reliable. Secondly, managing
three boards on top of all our other responsibilities is extremely difficult for myself and
' my staff. I am therefore proposing to combine their responsibilities in an environmental
commission that would meet monthly and standing Commission members would be
appointed by the Mayor and Council and would serve terms of office. They would
' provide the required continuity for the three programs and I believe adequately guide and
direct them. I am recommending that there be 7 members, 1 from the Planning
Commission, 1 from the Park and Recreation Commission and the balance selected from
interested residents.
9. South 1995 Study Area and 212/169 Corridor. Since we adopted the Comprehensive
' Plan we have had a goal of defining land uses in the two 1995 Study Areas. With the
Hwy. 5 Plan we have met this goal for the north area. We need to launch a comparable
effort for the south one located between Lyman and Pioneer. Additionally, the Planning
Commission has long been concerned with the old commercial strip along Hwy. 169/212.
Sandwiched between the Minnesota River bluff line and the National Wildlife Refuge,
' this area contains a series of marginal land uses. We are proposing to combine boy'
studies. Work load permitting, we want to initiate this project with the Plann:":
Commission in 1994.
10. Hwy. 101. The City has been working on a project to define the ultimate alignment of
Hwy. 101 between Hwy. 5 and new Hwy. 212 that we expect to complete by early 1994.
' Additionally, we have started a process of working with Carver and Hennepin Counties,
Eden Prairie and MnDOT on the ultimate disposition of Hwy. 101. This will likely by
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1994 Planning Department Goals/Budget
August 9, 1993
Page 7
a long -term program that will culminate in the improvement of the roadway and turn back
to County authority. This program should begin in earnest in 1994.
1994 BUDGET REQUESTS
Fund 101- 152/Planning and Administration
Planning Department salaries are distributed over a number of funding areas including
HRA/Recycling/Surface Water Utility and related programs. Thus, the total salary benefit
package for Planning Department staff is not found in Fund 152. Planning staff has stabilized
at three full time and one four day per week positions. We have a very large variety of programs
and responsibilities and our staff is pretty well pushed to the limit in terms of availability of time.
Yet we believe that we have been able to decrease potential roles of outside consultants through
our continued participation in projects and in -house expertise.
No increases are being requested other than inflationary adjustment. The departure of Jo An and
her replacement with a full time employee (rather than 4/5) at a lower pay grade, is likely to even
out with no net increase in personnel cost.
Personnel Services
1993 Budget
1994 Proposed Budget
101152 -4010, Salaries &
Wages
101152 -4030,
Contributions, Retirement
101152 -4040,
Contributions, Insurance
101152 -4041,
Contributions, Flex.
101152 -4050 Workmen
Compensation
Materials & Supplies
101152 -4110, Supplies,
Office
93,500.00
11,340.00
' •11 11
no
1 11
1,300.00
No new staff
Increase for inflation only
Increase for inflation only
Increase for inflation only
Increase for inflation only
11 11
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1994 Planning Department Goals/Budget
August 9, 1993
Page 8
101152 -4120, Supplies, 100.00 300.00
Equipment
101152 -4130, Supplies, 100.00 IFIO
Program
101152 -4210, Books & 300.00 500.00
Periodicals
Contractual Services 2,000.00 IFIO
101152 -4300, Fees,
Service
101152 -4310, Telephone
300.00
IFIO
101152 -4340, Printing &
3,600.00
IFIO
Publishing
101152 -4360,
2,000.00
IFIO
Subscriptions &
Memberships
101152 -4370, Travel &
5,000.00
IFIO
Training
101152 -4380, Mileage
200.00
IFIO
Capital Outlay
101152 -4703, Office
Equipment
1,000.00
IFIO
Fund 101 -151, Planning Commission
This fund is a relatively small budgetary allocation used to support activities of the Planning
Commission. Activities include staff time for preparation of minutes, educational materials
for the Commission, printing, publication and mailing of various hearing notices, etc. Staff is
not requesting any significant increases in this area. 1993 is the first year that a small amount
of funds ($500) was set aside for Travel and Training of Commissioners. Several have
1994 Planning Department Goals/Budget
August 9, 1993
Page 9
utilized the funds to attend seminars that improve their ability to make constructive decision.
I believe this is a wise investment and should be continued.
Personnel Services
1993 Budget
1994 Proposed Budget
101151 -4010, Salaries &
3,750.00
No new staff
Wages
IFIO
101151 -4030,
460.00
IFIO
Contributions, Retirement
101151-4040,
500.00
IFIO
Contributions, Insurance
101151 -4041,
-0-
-0-
Contributions, Flex.
101151 -4050 Workmen
20.00
IFIO
Compensation
Materials & Supplies
100.00
IFIO
101151 -4110, Supplies,
Office
I01151 -4120, Books &
100.00
IFIO
Periodicals
101151 -4300, Fees,
200.00
IFIO
Service
101153 -4340, Printing &
2,000.00
IFIO
Publishing
101153 -4360,
400.00
IFIO
Subscriptions &
Memberships
101153 -4370, Travel &
500.00
IFIO
Training
1994 Planning Department Goals/Budget
August 9, 1993
Page 10
FUND 101 -153, SENIOR COMMISSION
The fund was established to support the activities of the Senior Commission and in part, the
' Senior Center. In the past, funds have been expanded to undertake needs studies, support
programs, pay for filed visits and outside expertise in surveys, etc. Last year, direct funding
for staff time at the Senior Center, for the Senior Coordinator, was transferred to the Park
budget with half of Dawn's salary being paid by CDBG funds. However, 153 code funds are
still used to help pay for various programs.
' No increase in funding is being requested in 1994. We do however have a major accounting
problem. As the City Council is aware, we now have a contract with Carver County to
operate the Senior Answer Line. As a joint operation, we provide space, equipment and
' supervision. The County pays direct salaries for the volunteer coordinator and covers phone
costs. This works fine and represents and excellent value for seniors throughout our
community and the balance of Carver County. However, the agreement calls for the city to
' pay direct costs and forward the bills to Carver County for reimbursement. We have been
taking the funds out of the 153 account. However, under public accounting practices, the
funds we are reimbursed from the County cannot go back into the 153 account but rather
must be deposited in the city's general fund which leaves 153 account over extended. We are
asking that this situation be resolved with the 1994 budget.
' Personnel Services 1993 Budget 1994 Proposed Budget
Materials & Supplies 300.00 IFIO
101153 -4110, Supplies,
Office
101153 -4120, Books & 100.00 IFIO
Periodicals
101153 -4300, Fees, 1,000.00 IFIO
Service
101153 -4330, Postage 600.00 IFIO
101153 -4340, Printing & 500.00 IFIO
Publishing
101153 -4360,
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1994 Planning Department Goals/Budget
August 9, 1993
Page 11
Subscriptions & 500.00 IFIO
Memberships
101153 -4370, Travel & 500.00 IFIO
Training
101153 -4375, Promotional 500.00 IFIO
Expense
FUND 211/236 TREE BOARD
An initial funding allocation of $115,000 was established by the City Council in mid -1993
when the Tree Board was established. The Board has worked on a number of ordinances
relative to tree preservation and landscaping and is seeking to develop a long term
reforestation program. The major cost item has been retaining a Forestry Intern for a 6
month tim period. We believe this has worked well and offered valuable services to city staff
and to city residents. We are not recommending the establishment of a permanent position
but we would like to continue the internship program. In the future, we would like to discuss
a possible position sharing arrangement with neighboring communities if this proves to be
advantageous.
We would however like to expand the focus of the program to include the establishment of an
active reforestation program. I am therefore recommending that an additional $15,000 be
allocated to allow these efforts to begin in 1994. I have also raised the personnel costs from
$5,500 to $10,000 to cover the 6 month internship.
Personnel Services 1993 Budget 1994 Proposed Budget
211236/4000, Salaries & 5,500 10,000
Wage
211236/4110, Supplies, -0- 200
Office
211736 /4130, Program -0- 200
211:..,x/4300, Fees /Service 5,000 15,000
211236/4302, Fees/legal -0- 500
211236/4340, Printing -0- 200
1994 Planning Department Goals/Budget
August 9, 1993
Page 12
211236/4370, Travel & 4,000 1,000
Training
' 211236 /4375, Promotional 500 500
Expense
' 211236/4410, Rental -0- 500
equipment
Fund 211 -231, Recycling
The recycling program has largely settled into a normal operation s were mode. Fund outlays Y g P �' g Y Pe Y
significantly reduced two years ago when the city licensed haulers and mandated they collect
' recyclable materials (prior to that time the city operated its own collection program at local
expense). We continue to fund/assist special collections such as hazardous materials and
appliances. Educational activities are regularly supported along with programs like our
subsidized composter sales. Activities of the Recycling Committee are also supported.
' The major new focus in 1993 has been the "Organized Collection" study. This originally was
initially over concerns raised by the City Engineering regarding the frequent and damaging
use of city streets by over weight collection vehicles. It was expanded to look at issues of
cost, noise, ability to promote high levels of service, etc. At the time of writing, the City
Council is looking into the possibility of undertaking the Phase II or implementation aspect of
the study. At the present time I am not requesting any increase over 1993 funding but we
may need to revisit this issue in the future. The Phase I consulting contract was paid out of
separate funding sources. Phase Il funding, if this is pursued, will need to be similarly
viewed. We have received a proposal that indicates Phase II consultant expenses would be in
' the area of $15,000. Additionally, implementation may result in additional need to tap staff
and funding resources. No funding has been allocated to either of these items.
Personnel Services 1993 Budget 1994 Proposed Budget
211231 -4010, Salaries 30,000 IFIO
211231 -4020, 3: ' pies, -07 $500
Temporary
' 211231 -4030, Re irement 3,000 IFIO
211231 -4040, Insurance 1,800 IFIO
1
1994 Planning Department Goals/Budget
August 9, 1993
Page 13
211231 -4041 -0- $200
Contribution, Flex
211231-4050, Workers 200 IFIO
Compensation
211231 -4110, Supplies 5,000 IFIO
Office
211- 231 -4130, Supplies -0- IFIO
Program
211231 -4300, Fees 15,000 IFIO
Service
211231 -4340, Printing -0- $500
211231 -4350, Cleaning -0- -0-
211231 -4360, -0- $300
Subscriptions &
Memberships
211231 -4370, Travel & -0- $500
Training
FUND 720 SURFACE WATER MANAGEMENT UTILITY
Background
As the Council will recall, this project is funded out of a utility fee that is paid by all
properties in Chanhassen according to a formula that is generally based upon the amount of
storm water runoff that is generated. It is an enterprise fund and as such it is able to retain
fund balances (if any). from ' year to the next.
Staff had originally proposed a funding level that would have yielded $1.7 million over the
initial 5 years. The Council funded the program at a 60% level. Staff was told to come back
when the program had proven its worth and have the funding level adjusted. At that time, we
were concerned but felt that w-. could at least complete the planning phase of the project.
The other shoe fell when it was found that the original consultant (SEH) had significantly
1994 Planning Department Goals/Budget
August 9, 1993
Page 14
over - estimated utility revenues which effectively chopped another 60% out of available funds.
Thus instead of $1.7 million, we would only received about $675,000 for the same period.
Thus far we have been fortunate. We got good bids on the planning phase which was let
during a recession. Because the planning effort took place over several years, we were able
to stretch out spending and accrue positive fund balances. We were not able to meet the
' entire schedule for our program goals and we did not bring on the Water Resources
Coordinator until last summer, both of which had the effect of delaying expenditures. We
have also had income from other sources. The City Council gave the program $86,000
' received from Redmond Corporation related to their expansion and need to acquire City land
to meet hard surface coverage standards. Last winter you purchased a $22,000 parcel in
Carver Beach and gave it to the program. Since the fund has had positive balances, our
' investment income has exceeded expectations. We have also received several small grants.
None of these situations can reasonably be expected to continue. We are entering the
implementation phase when capital projects will result in significant costs. The fund is also
' starting to receive developer contributions. However, these are dedicated funds to be used to
acquire and build downstream improvements and cannot be considered a revenue source.
What Have We Accomplished To Date
The most important questions here should be what have we accomplished and has the
' investment been worthwhile? I think it is fair to say that the City has developed the most
sophisticated and progressive surface water management program in the State. It has become
widely recognized as the model for other communities to follow. More importantly, we are
positioned to protect our water resources and manage them for the long term in spite of the
fact that we are experiencing unprecedented development pressures. These benefits have
' already started to accrue and will become increasingly visible as projects are undertaken.
During 1993 we have had the following accomplishments:
Public education efforts continue to be enhanced. We have sent out our second
informational newsletter as well as having articles in the quarterly City newsletter.
We have also published our lake atlas which has been distributed at City parks, at
' special events and elsewhere. We have begun working with the school district to
develop programs on water quality protection and expect a lot of growth in this next
year. We have also begun to meet -with lake groups offering expertise, materials such
as our underwater video and support We also continue to offer free soil testing to get
homeowners to use less fertilizer on"their lawns.
2. Our early and comprehensive street sweeping program has become normal operating
practice for the City. This has the effect of removing literally tons of sediment from
our waterways along with significant nutrient loading. We have been able to use City
1994 Planning Department Goals/Budget
August 9, 1993
Page 15
staff to complete the work using SWMP funds to pay overtime as required. This job '
must be done in a short time frame after the last heavy snow but before spring rains.
3. We have brought on Diane Desotelle as the Water Resources Coordinator. This ,
position was in our original program but we delayed filling it as long as possible. Her
arrival lets us focus on plan implementation that was not possible previously due to
lack of staff time. She is becoming the "point person" for all water related calls from '
residents. She is also assuming related responsibilities from planning and engineering
staff for plan reviews which frees up large amounts of time to get other work done.
4. The SWMP Task Force has completed the draft of the entire Planning document. ,
Those of you who have seen a copy know this was truly a monumental effort. We
expect to have the plan to the Planning Commission and City Council by January, '
1994.
5. We have completed a design study for water quality improvements for the Forcier
parcel on Frontier Trail. When ultimately built, these improvements will eliminate a
major source of sediment and nutrient deposition in Lotus Lake that is coming from an
older, developed neighborhood to the west. This is being undertaken as public /private
partnership in conjunction with the development of the site. This is probably one of
the best illustrations of the SWMP plan's cost effectiveness. Due to our planning
efforts, we will be able to get over $200,000 worth of improvements for around ,
$60,000 while significantly helping Lotus Lake. We had hoped to get the project
completed this year but the developer has encountered delays that we believe need to
be resolved. '
6. Last year the Council voiced some concern over two line items. These were the
$25,000 listed under the City Engineer's Emergency Fund and , to a lesser extent, the '
$10,000 allocated towards Pond Maintenance. Staff indicated that the emergency fund
was to be used to address the number of drainage issues that arise over a year,
particularly one that was as wet as 1993. Without some dedicated source of funds, ,
these problems cannot normally be addressed short of tapping very limited public
works maintenance funds or by delaying the problem until sufficient people are angry
or concerned enough to petition the City Council. While we did not spend all the '
money that was allocated, we did undertake sevr� =al representative projects including:
Chaparral Pond near Redwing and • Pem.. mt. The pond is located in the
middle of a single family neighborhood and never functioned properly. The
residents apparently approached the City to have something done 4-5 years ago '
but the issue was not settled. With approximately $5000 in SWMP funds, we
were able to excavate the pond and fix tt; inlet. In 1994, we are looking at
1
1994 Planning Department Goals/Budget
August 9, 1993
Page 16
spending an additional $5,000- $10,000 to fix the outlet (the lower number is
possible if we do not need to contract the work.
Carver Beach Pond, south of the Fox Path subdivision. SWMP plans indicated
that this pond should be excavated to maintain water quality. We were able to
' undertake this work with City crews over the winter spending less than $3000
for equipment rental. Visual inspections show that it seems to be working.
' Rice Marsh Lake drainage, in the vicinity of Dave Huffman's home on public
park property. An open ditch section of a major drainageway was experiencing
significant erosion and presented a safety problem for neighborhood kids.
' Using City crews we were able to get used pipe and fill the ditch for about
$5000.
At the time of writing, the City Council is going through the agony of
assessing the Minnewashta Parkway project. Through it all there has been no
mention of what I regard as one of the project's major achievements. With the
' understanding gained from the SWMP program, storm runoff from the parkway
is being redirected into pre - treatment basins, routed through Lake St. Joe before
it is discharged into Minnewashta. At a minor increase in project cost, we
' were able to eliminate the direct discharge of large volumes of untreated water
into the lake. While this did not cost the SWMP program anything except a
little engineering time, I regard it as a major improvement.
1994 Funding Priorities
' What we failed to accomplish in 1993 was both frustrating and significant. We fully
expected to have sufficient projects on line in 1993 and we will close the year with little or
' no fund reserve. We expected that this would be the year that we would be bringing a
number of projects on line around Lotus Lake and Lake Riley. This did not occur due to lack
of staff time to manage these projects and in the case of Forcier, delays by the developer.
' We did not even hire Diane until the year was half over to economize. As a result, we
should close the year with a positive fund balance of between $200,0004220,000. While this
is a large sum of money by anyone's standards, I am concerned that it may prove to be
insufficient to cant' out our program even with the $165,000 the utility generates each year.
Proposed construction expenditures include the following:
1. Fox Path Pond, installation of a $60,000
NURP basin to protect the north
end of Lotus
1
1
1994 Planning Department Goals/Budget
August 9, 1993
Page 17
2. Canterbury Circle, NURP ponding $80,000
3. Lake Riley Ponds at Lake Riley $40,000
Blvd.
4. Bandimere Park ponding to fix $ 5,000
existing neighborhood problem to
NURP design
5. Lake Ann Park erosion control $ 1,000
6. Chan Pond Park erosion control $ 5,000
7. Lotus Trail sedimentation control $10,000
near street and park
8. Pleasant View Road sedimentation $ 2,000
basin
9. Forcier cost share $65,000
10. Redman Lane, flood prevention $ 5,000
project -
11. Chaparral Pond outlet repair $ 5,000
Total $278,000
The projects mentioned above are known quantities that have for the most part been in
process. This does not even scratch the surface of projects being proposed in the Capital
Improvements section of the SWMP Plan. Other major proposed expenditures include:
1. Educational efforts $ 5,000
2. Water quality testing equipment, lab $11,000
work, SWMP project signs and
computer model
3. Engineers emergency fund $20,000
4. Special Studies $15,000
I
1 1994 Planning Department Goals/Budget
August 9, 1993
Page 18
5. Accelerated street sweeping and $20,000
pond maintenance
6. Wetland banking program being $25,000
' developed by staff
Total $81,000
The total amount of all anticipated capital expenditures $359,000
' TOTAL EXPENDITURES $440,000
Revenue over (under) Expenditures ($275,000)
Fund Balance Forward $220,000
I Total Resources over (under) liabilities ($55,000)
' Summary and Funding Reauest
It is clear that 1994 will be a critical year. As indicated, we expect there to be a serious
budget shortfall of $55,000 if we meet our goals and this is before we have had an
opportunity to digest the SWMP Plan and- its recommendations. It is also fully clear that we
should not and cannot afford to address all the City's water resource issues in a year or two
' but rather need to take a long term view. Even so, at the current rates, we are only
generating about $90,000 that can be used each year for projects after covering staffing and
related costs and over time this level of funding will decrease with inflation. This program
was never funded anywhere near the proposed level and the utility rates have not been
adjusted since its inception. There has been no increase to cover inflation which has
BUDGET REQUEST
720 3999 Total revenue
$165,000
'
720 4000 Series salaries
IFIO
720 4000 Series materials and supplies
IFIO
1
720 4300 Fees for service
720 4301 Audit
$359,000
IFIO
720 4330 Postage
IFIO
720 4340 Printing and Publishing
720 4370
$3,500
Travel and Training
$2,500
' TOTAL EXPENDITURES $440,000
Revenue over (under) Expenditures ($275,000)
Fund Balance Forward $220,000
I Total Resources over (under) liabilities ($55,000)
' Summary and Funding Reauest
It is clear that 1994 will be a critical year. As indicated, we expect there to be a serious
budget shortfall of $55,000 if we meet our goals and this is before we have had an
opportunity to digest the SWMP Plan and- its recommendations. It is also fully clear that we
should not and cannot afford to address all the City's water resource issues in a year or two
' but rather need to take a long term view. Even so, at the current rates, we are only
generating about $90,000 that can be used each year for projects after covering staffing and
related costs and over time this level of funding will decrease with inflation. This program
was never funded anywhere near the proposed level and the utility rates have not been
adjusted since its inception. There has been no increase to cover inflation which has
I
1994 Planning Department Goals/Budget �.
August 9, 1993
Page 19 _
thankfully been low and offset by new development as it comes on line and contributes to the
fund, still we have state revenues.
Staff is proposing that we take this opportunity to adjust the rates back to the originally
proposed level. The difference for a rate payer is minor. A single family home currently
pays $3.22 per quarter. The rate we requested in 1990 was $5.37 per quarter which is lower '
then most other communities charge. The difference amounts to less then 2.5 cents per day
yet with 4,900 residential rate payers it will provide an additional $42,000 per year.
Commercial and non - single family rates would be adjusted by the adopted formula.
n
0
i
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works/City Engineer
DATE: January 19, 1994
SUBJ: 1994 Goals and Objectives for the Public Works Department
File No. PW -227
The following list highlights the goals and objectives for the Public Works Department for 1994:
1. ADD WELL NO. 7 TO THE CITY'S WATER SUPPLY SYSTEM - Proceed with the
design and implementation of Well No. 7 to be located in the Galpin well field area north
of Trunk Highway 5. This improvement is consistent with the recently adopted
Comprehensive Water Supply Plan. Even though this past summer was unseasonably
cooler and wetter weather than normal, the City pumped approximately 440 million
gallons of water during 1993. Currently, the water supply system is basically operating
at capacity now and needs to be increased to meet future demands associated with the
growth being experienced.
2. PURSUE A JOINT PETITION WITH CARVER COUNTY FOR THE INSTALLATION
OF A TRAFFIC CONTROL SIGNAL ON TRUNK HIGHWAY 5 AT GALPIN
BOULEVARD - This intersection has been experiencing accident problems for some
time now. As traffic volumes continue to increase on Trunk Highway 5 combined with
substantial residential development occurring along Galpin Boulevard north and south of
Trunk Highway 5, including the proposed elementary school site, the safety of this
intersection will continue to worsen making the traffic signal installation imperative.
3. JOINT
COOPERATIVE
EFFORT CARVER
COUNTY AND MNDOT TO
EVALUATE
THE EXISTING
SPEEDS OF COUNTY
ROADS AND MUNICIPAL
STATE
AID (MSA) ROADS
IN CHANHASSEN
- The significant growth being
experienced in the City is rapidly changing the functional elements, use and design
service of County and MSA roads in Chanhassen. This is a timely issue to be addressed.
MEMORANDUM
Don Ashworth
January 19, 1994
Page 2
4. COMPREHENSIVE TRANSPORTATION STUDY - Participate with the City of Chaska '
and Carver County on the Comprehensive Transportation Study (an update to the Eastern
Carver County Transportation Study of 1989). In the spring of this year, new '
Metropolitan Council data related to population growth projections and highway system
classifications and improvements will be published. This, combined with the recent
information on the delayed schedules for Trunk Highways 5 and 212 and new improved '
traffic forecasting and design techniques, necessitates a revision to the previous study
from 5 years ago.
5. TRUNK HIGHWAY 101 STUDY GROUP - Participate as an active member of the Joint '
Agency Trunk Highway 101 Study Group consisting of MnDOT, Carver County,
Hennepin County, Chanhassen, Eden Prairie and Minnetonka staff representatives. The '
primary focus of this study group is to predict the long -term functional classification of
this roadway, identify the appropriate long -term governing jurisdictional agency and
identify short-term and long -term needed improvements. '
6. WATER OUALITY - Continue to monitor and evaluate water quality (rusty water)
complaints in the City's water distribution system. It is anticipated that if the number of '
complaints continues to increase and more frequent maintenance and flushing of the
distribution system is not able to control the problem, it is likely that a specific detailed
study of this problem and a long -term solution may need to be undertaken.
7. STAFFING. EQUIPMENT AND SPACE ALLOCATION - Prepare near and long -term '
staffing, equipment and space utilization plans for the departments within Public Works
in an effort to proactively plan for maintaining adequate City services as the growth in
population, streets, utilities, parklands, etc. continue to occur.
1
8. SURFACE WATER MANAGEMENT PROGRAM - Continue to provide assistance in
the successful completion of the Surface Water Management Program plan and the '
implementation of specific water quality projects identified and prioritized in the plan.
9. PLATTING/DEVELOPMENT SUPPORT - Work with the Manager's office and Planning '
Department to provide engineering input on preliminary plat and site development
proposals in a timely manner. Update the City's standard specifications for construction
and detail plates.
10. PUBLIC WORKS PUBLIC RELATIONS - Continue a public awareness program to
promote citizen awareness of public works activities and services within the City.
Continue to pursue methods to improve customer service and efficiency in the public
works operations.
17
L
7
F
L-
Don Ashworth
January 19, 1994
Page 3
' 11. GIS - Continue to work cooperatively with the City's computer consultant to install and
develop a geographic information system (GIS), specifically as it relates to public works.
This is anticipated to be a ongoing process of developing and updating infrastructure
mapping layers and information.
12. PROJECT MANAGEMENT - Continue to provide project management of all public and
private development projects within the City. Specific capital projects that are known at
this time are as follows:
' A. Trunk Highway S South Frontage Road (from Galpin Boulevard to McGlynn
Drive) /Galpin Boulevard from Trunk Highway 5 south to Timberwood Drive.
' B. Chanhassen Estates Street Reconstruction and Drainage Improvements including
sanitary sewer rehabilitation and watermain replacement.
C. Upper Bluff Creek (Phase HB) Trunk Sanitary Sewer and Watermain.
' D. Lyman Boulevard (Trunk Highway 101 to east corporate limits)/Lake Riley Area
Trunk Sanitary Sewer and Watermain Improvements.
' E. Johnson/Dolejsi/Turner Trunk Sanitary Sewer and Watermain Improvements.
' F. Powers Boulevard (County Road 17) from Trunk Highway S south to Lyman
Boulevard (joint project with Carver County).
G. Annual Sanitary Sewer Rehabilitation Program.
H. Annual Street Repair and Sealcoating Program.
' 13. PROJECT ASSESSMENTS - Arrange for the adoption of assessment rolls for the
following projects in time for the November 30, 1994 certification date:
A. Upper Bluff Creek (Phase HA) Trunk Utility Improvement Project No. 91 -17B.
B. Johnson/Dolejsi/Tumer Trunk Utility Improvement Project No. 92 -5.
C. West 78th Street/Downtown Improvement Project No. 92 -3.
14. SUMP PUMP INSPECTION - For some time now the City Council has confirmed their
commitment to the reduction of infiltration/inflow into the City's sanitary sewer system
which has both a financial and capacity limitation impact on the City. At previous work
11
Don Ashworth
January 19, 1994
Page 4
c: Dave Hempel, Assistant City Engineer
'
session and Council meetings, the City Council has also indicated a desire to eliminate
sump pump drainage (which is in violation of State law) into the City's sanitary sewer
,
system. Staff is currently in the process of developing a City -wide sump pump inspection
'
program. The goal is to have every property with City sanitary sewer service inspected
by June 30, 1994. It is anticipated that this inspection program could be accomplished
'
by implementing volunteers from the City employee staff on Saturday mornings and early
afternoons. The inspection time would be paid at an hourly rate, yet to be determined but
anticipated to be somewhere in the range of $10 to $12 per how. Property owners would
be informed if they were in violation of State law with the sump pump connection.
,
Information on proper (legal) sump pump discharge would be given and a follow -up
inspection date would be established. For those property owners who resist compliance,
a penalty notice would be sent and it is anticipated that a $100 per quarter surcharge
,
would be imposed until such time that compliance has been made. Staff will continue
to meet to refine the specific details of this inspection program.
'
ktm
c: Dave Hempel, Assistant City Engineer
r
Diane Desotelle, Water Resources Coordinator
Bill Bement, Engineering Technician II
Dan Remer, Engineering Technician
,
Kim Meuwissen, Engineering Secretary
Jean Steckling, Engineering Secretary
Harold Brose, Equipment Superintendent
'
Mike Wegler, Street Superintendent
Jerry Boucher, Utility Superintendent
g:lenglchar1eslpwgoa1s.94
l
L�
1994 ADMINISTRATION GOALS
Personnel/Administration
1. Update the city's Personnel Policy including family leave time, comp time, etc.
(January/July).
2. Complete a compensation program for meritorious employees for job based performance
with the city (January/December).
3. Review the pros and cons of the LOGIS Health Care Program (January/December).
4. Consider Approval of Americans with Disabilities Act (ADA) Accessibility Plan and also
provide employee training regarding implementation of the plan (January/July).
5. Coordinate the publication of the city's newsletter, expanding on the overall quality of
current events and the amount of graphics (January/December).
Cable Television Administration
1. Consider rate regulation with Triax (January/December).
2. Continue to improve the amount and quality of cable programs provided by the City of
Chaska, School Districts 112 and 276, the Chanhassen Fire Department, and Triax Cable
Company (January/December).
3. Continue to upgrade audio visual capabilities for the council chambers.
City Hall
1. Discuss and plan for future city hall/library/senior center building expansion.
1994 HRA GOALS
1. Develop overall landscap e/beautification plan for the following areas:
- Highway #101, West 78th Street, and Highway #5.
- Outlot B Target, Highway 05 and County Road 17 (Powers Boulevard).
- Highway #5 and Great Plain.
- Highway #5 and Market Boulevard.
- Red -E -Mix, Taco Shop and Hanus Area.
(January - . December)
2. West 79th Street
Continue to market the remaining portion of land owned by the HRA east of
the Americana Bank site.
(January - December)
3. Highway #5 Corridor Proiect
- Complete Corridor Study with the submittal to HRA in February.
(January - June)
4. Market Square Development
Continue to assist in marketing lots 2, 3, 4, and outlot A
(January - December)
.
5. Incorporated the of the "Vision 2002" study committee results, into a
priority list for the H'A (January - June). Including the following project:
- New Library Location
- New Post Of ke Site
- Senior Housing
- Other Housing Needs
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
- City Center Park
- Community Center
- Pony Pauly Pryzmus Area
- Redevelopment of Chanhassen Bowling, Frontier Center, Backside of the
Dinner Theatre
(January - December)
6. Hanus Facility
Monitor the construction, of the landscaping, and facade Improvements.
(January - December)
7. Pedestrian Bridge Constriction:
- Finalize the design for the pedestrian bridge.
- Take bids for the construction.
- Monitor construction of the project.
(January - October)
8. Review Alternatives For Moderate Cost Housing for Chanhassen
- Continue to work with Hoisington Koegler Group in surveying local business
employee needs.
(January - December)
9. Demolition of Pony Pauly Pryzmus Building
- Leases for these facilities end as of June 1, 1994.
(June - August)
10. Review options for trail system frohi downtown following railroad tracks
to Lake Susan Park
(January - December)
CITY OF
CHANHASSEN
f.
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
'
TO:
Do ty er g
Don Ashworth City Manager
FROM:
Scott Harr, Public Safety Director
'
DATE:
January 4, 1994
'
SUBJ:
1994 Goals & Objectives
Following are the goals and objectives for the upcoming year from the Public Safety
i
Department:
1.
Computerize the system of taking and maintaining code complaints;
,
2.
Update the Emergency Management Plan as necessary;
'
3.
Monitor the effectiveness and needs of the police contract with the Carver
County Sheriff's Department;
'
4.
Continue to utilize volunteer resources from the County Sheriff's Department
(i.e.. reserves, mounted posse, etc.) to assist with Chanhassen's special
'
programs, etc.;
5.
Continue to provide services through the animal control contract, and to
continue improvement in the program;
6.
Provide joint training for law enforcement officers and our fire department;
,
7.
Implement new secretarial position;
8.
r`v crime revention program;
Imp o e P P 8r am•
9.
Implement new CSO position & develop new 'reserve' CSO position;
r
10.
Consider utilizing a summer building inspector part time to help deal with
enormous backlogs we have been experiencing during the year.
11.
Monitor & attempt to improve as necess ry the backlog of inspections that
have produced numerous complaints.
1994 GOALS
PARK AND RECREATION DIRECTOR
• Equip North Lotus Lake Park skating rink with electrical service and a light.
• Continue to administer the development of the new Chanhassen Recreation Center and
park.
' Continue in the effort to construct the Highway 101 trail.
• Coordinate the completion of items specified in the 1994 Park Acquisition and
Development Capital Improvement Program (CIP).
• Complete finish grading, seeding, restoration, and initial installation of site amenities at
Power Hill Park and Pheasant Hill Park.
• Ensure that the trail from Lake Susan Community Park to Chanhassen Hills is
' programmed for completion.
• Implement an honorary tree planting program.
• Accelerate the planning/acquisition of the Bluff Creek Corridor.
' Represent the interests of the city in Hennepin Park's project of developing the north and
south railroad grade trail corridors.
' Ensure that credit card payment and phone and fax mail registrations are implemented by
April 29, 1994.
• Double recreation and leisure program registration levels.
• Develop, edit and publish a Chanhassen Park and Trail Brochure.
• Construct the trail connection from Pleasant View Road to Trap Line Circle via the
Summit at Near Mountain.
• Complete grading and surface water drainage corrections at North Lotus Lake Park.
' Complete the trail connection to Eden Prairie at Rice Marsh Lake.
• Acquire or take necessary steps to guarantee the future acquisition of the remaining
vacant land north of City Center Park.
• Initiate planning for a new covered picnic shelter for the lakeview picnic area at Lake
Ann Park.
1
• Develop a Pavement Management Plan for present and future bituminous trails and
parking lots found in the City's park and trail system with the direct assistance of the
Engineering department.
• Resolve the issue of a lack of storage for park maintenance equipment and supplies.
• Present a proposal to the Housing and Redevelopment Authority asking them to finance
the installation of ballfield lights at Lake Susan Park.
• Negotiate the acquisition of the 10 acre park which has been identified west of Lake
Minnewashta at the intersection of Minnewashta Parkway and Kings Road.
• Complete the trail connection between Herman Field Park and Minnewashta Regional
Park.
• Complete the amendment to the Recreation Section of the Comprehensive Plan, including
the creation of a Comprehensive Park Plan.
• Oversee the portion of the city's contract with C.S. McCrossan related to the construction
of the tennis courts at South Lotus Lake Park.
• Complete the annual park inventory in April 1993.
• Continue to pursue grant programs and other available sources of funds or matching
grants to augment the Park and Trail Acquisition and Development Fund.
1
1994 GOALS
RECREATION SUPERVISOR I
1. Increase Chanhassen's annual sponsorship contributions total to $15,500 including cash,
gift certificates, etc.
I 2. Complete 1994 time table in early January to assist our department with important dates,
programs, and special events.
' 3. Finalize the 4th of July Celebration schedule of events by the end of March.
4. Process district facility request applications for the 1994 /95 school year by June 1.
' 5. Continue working with Districts 112 and 276 staff to accomplish the goals and objectives
of our department and the Chanhassen community.
' 6. Continue to work with Recreation Supervisor I/Senior Citizen Coordinator in providing
Pe P g
new and interesting recreational opportunities for the residents of Chanhassen.
' 7. Work with seasonal staff to better understand their job duties and responsibilities.
l
' Continue ongoing training with seasonal staff.
8. Search out and implement more volunteers to assist with Chanhassen special events.
' 9. Work with computer consultant to create software that will track program registrations
specific to different areas of the city. The data collected will assist our department plan
' for the future.
10. Use the Leisure Line to update game status for adult softball and basketball programs.
' It is anticipated that the Leisure Line will generate over 13,000 calls for these activities
and other recreation programs.
11. Develop and implement a policy that will distribute Chanhassen facilities to local
organizations fair and equally.
12. Obtain feedback through evaluations from softball teams regarding the abolishment of all
non - resident softball players. Data collected will aid in developing a new residency
policy for the 1995 season.
13. Strive to collect at least $5,000 in picnic revenues from reservations.
14. Continue working with MRPA by assisting with Healthy Strides, a fun walk program
associated with the national NRPA Conference in October.
11
1994 Goals - Recreation Supervisor
Page 2
15. Continue to offer 2 -3 teen dances in 1994/95 and look for new ways to improve the
program.
16. Offer 2 -3 downhill ski trips again for 6th, 7th, and 8th graders, including a trip to Spirit
Mountain in Duluth.
17. Offer a tennis program/league again this summer for adults.
18. Continue to offer Adult Boot Hockey next December and start publicity sooner through
mailings to the softball and basketball programs, articles in the Chanhassen Villager, and
the Chanhassen Brochure. The league will get a big lift and should develop.
19. Continue to assist the Chanhassen Athletic Association, Chanhassen/Chaska Soccer
Association, and other civic organizations in a liaison capacity.
20. Work with Recreation Supervisor I/Senior Citizen Coordinator in developing a
comprehensive internship program.
21. Research and explore the possibilities of developing a week long sports camp at Lake
Ann Park during this upcoming summer.
22. Gather and implement information pertaining to fax and phone program registration.
Program will be complete by February 18.
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1994 GOALS
RECREATION SUPERVISOR VSENIOR CITIZEN COORDINATOR
Develop additional registration procedures to include fax, credit card, and phone mail.
2. Pursue additional training on computer to include Desktop Publishing.
3. Continue to implement seasonal staff training and work towards developing a manual and
a seasonal staff appreciation or recognition program.
4. Develop an intern manual and potential intern project list.
5. Help to coordinate the production of the city's quarterly newsletter.
6. Continue to work with local newspapers on the Park and Recreation column, and work
towards increasing the number of feature stories done each year.
7. Continue to supervise and coordinate Lake Ann Park Shelter, concession stand, and
equipment rental outpost. Also improve the procedures involved in the boat rental area
and work with park maintenance to design a more efficient tie down system.
8. Get involved with the National Park and Recreation Association Conference to be held
in Minneapolis.
9. Incorporate a volunteer opportunities portion in the city's quarterly newsletter to include
photographers, gardeners, trip chaperons.
10. Offer a drama/arts workshop during the summer using grant resources and cooperatively
programming with District 112 Community Education.
11. Establish a system and structure for the Senior Center Chorus.
12. Offer a second annual summer concert series using community and school bands as the
war mup bands prior to each Lawn Chair Lyrics Concert Enlist community organizations
again as co- sponsors. Work with Market Square restaurants to offer a concert night
special.
13. Offer two weeks of Lake Ann Adventure Day Camp immediately after playground ends.
14. Coordinate a Cross- Country Fun Ski in cooperation with the February Festival.
15. Plan and implement special events with Recreation Supervisor I.
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: September 29, 1993
SUBJ: Worksession, Update on 1993 Goals - Start 1994 Goal Process
Attached is an update from our department heads regarding progress on 1993 goals. I am
extremely proud of our staff members and the progress we have made. They are looking forward
to having the opportunity to update the City Council on the numerous projects going on
throughout the community. The process should also include an opportunity to relay those areas
where additional work efforts are required and items which should be considered as a part of the
1994 budget and 1994 goal process.
1
MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: January 10, 1994
SUBJ: Special Meeting Dates
Several 1993 issues are following us into 1994 along with requests for 1994 meetings.
Specifically, the following items have been targeted as potential special meetings as it is unlikely
that they can be accomplished during the course of a regular meeting. [Note: Some of the
meetings will span the entire year, i.e. meeting with each of our commissions.] I have attempted
' to list the description of the meeting as well as the approximate time frame required. The
council may wish to combine one or more of the topics, Le:
- Commission Interviews Should the council wish to continue the existing policy of
interviewing candidates for our commissions, we will need to allocate an approximate 150
' minute time frame to accomplish 10 interviews on fifteen minute intervals. Three hours
should be allotted.
I should note that the policy to have the city council interview commission members is
a relatively new one. For well over a ten year time frame, the city council simply
received the recommendations from the interviews each of the commissions would have
with candidates together with the minutes from those interviews. In most instances, the
city council used the ranking system adopted by whichever commission. At times, the
council would select the second or third alternative if they felt that commission members
were not diverse enough in terms of occupation, geographical location, education, etc.
There was also a period of time when the council selected a sub - committee to sit in on
commission interviews or to conduct separate interviews. As you can see, there have
been a variety of ways to make commission appointments.. There is no right way with
the choice of method being solely up to the city council; and
- Cable TV Franchise Agreement Todd Gerhardt, Mayor Don Chmiel and I have been
meeting on a regular basis with representatives of Triax including our Cable TV Attorney
Mayor and City Council
January 3, 1994
Page 2
Adrian Herbst. These meetings have created an excellent opportunity for our us to relay
concerns we have heard from our citizens in regards to cable tv service and have helped
us learn how we can make the job easier for the cable provider, i.e. ways to modify the
development contract to ensure that cable services are installed at the same time as other '
utilities, providing maps of new subdivisions when approved, etc. Meetings have also
provided information back to us in regards to the quality of our broadcasts and how to
improve them, management information in regards to complaints/responses, etc. One of ,
the major issues which has been discussed at each of our meetings is "rate regulation" as
provided under the new federal legislation adopted this past year. There are pros and
cons associated with filing for rate regulation. Mayor Chmiel thought that this would be
a good subject for a special meeting with the city council (one hour session);
Comparable Worth/Position Classification Plan The city council asked that this item be '
placed as a future work session item (30 -60 minutes). It should be noted that this
discussion item would be a natural closer for the next item; and
1994 Departmental Goals I have met with our department heads in regards to
preparation of 1994 goals for each of our departments. Department recommendations
should be completed in time to be submitted to each of our commissions for their meeting
in January. I would anticipate that these will be ready for presentation to the city council
by the end of January; and
Cit Hall Ex ansion This item is a "hap over" (literally) from 1993, if not 1992, 1991,
v p g ( Y)
etc. (one hour); and
Gateway Entries -- Dakota, Great Plains, Market Boulevard, and County Road 17 These
are all major entries into our downtown area. The importance of each of these
intersections has been recognized by the Highway 5 Corridor Group, HRA and City ,
Council. Alternative designs for each of these intersections are currently underway and
should be available to present back to each of our groups within the next 60 -90 days; '
and
Joint Council/Commission Meetings Each of our commissions have continued to state '
the importance of their being able to meet with the city council to ensure that they are
heading in the right direction and to exchange ideas and thoughts. As long as you are
looking at your 1994 calendars, we should not forget the importance of these meetings '
and how we might be able to plug them in. We may wish to accelerate either the
meeting with the HRA or Planning Commission to as early in the year as possible
recognizing the hearing process that the Planning Commission is going through regarding '
the Highway 5 corridor and the HRA in regards to the pedestrian bridge over Highway
5; and
1
I
Mayor and City Council
January 3, 1994
Page 3
- Highway 5 Corridor Plan and Ordinance As indicated, the Planning Commission is
moving towards completing public hearings on the plan to get it to the City Council
during February. The council may want to hold a joint work session with the Planning
Commission and Task Force members to be briefed on it prior to holding meetings to
consider formal adoption (2 hours).
' - Senior Housing The proforma for senior housing has been completed and should be
ready for presentation to our commissions/council within the next 30 -60 days. I believe
the council will be elated by the positiveness of that report and will likely say, "Let's do
it." I believe the most difficult issue will be "where." Anticipated time requirement- -one
hour.
This memorandum has grown since I started dictating it. Given the number of potential
meetings, the council may wish to prioritize the list prior to selecting meeting dates. Our regular
meeting dates are the 10th and 24th of January. Complicating the selection process is the fact
that you cannot, by state law, have any type of meeting on January 17 (Martin Luther King Day).
January 31st is Karen's and my 30th wedding anniversary. I know that my wife would
appreciate not selecting the 31st for meetings anticipating my attendance.
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11
FINANCE DEPARTMENT
h
1
1
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
MEMORANDUM
TO- Den Ashworth, City Manager
FROM: Tom Chaffee, Finance Coordinator
DATE. March 7, 1994
SUBJECT: Finance Department Goals and Objectives - 1993%1994
Reflecting on the year just past and reviewing the Goals and Objectives
for that year (copy attached) we fee l we again had a productive and
rewarding year. Summarizing our Goals and Objectives, as we have the
past sip; years, and including only new or modified items tends to
over -look. the "routine" tasks of the Finance Department which have come
to be taken for granted to a certain extent.
Additionally, the one or two line identification of specific target
objectives seems to minimize the importance as well as the potential
work effort necessary to accomplish the stated objective.
More often than not, specific,goals and objectives frequently over -lap
years and some of ours have ,seemed to just be ongoing.
Refering to the attached copy of 1993 Goals and Objectives, we present
the following update:
1. The anticipated major revision to our =existing payroll system
is still in the field testing stages and will probably not be
available 'until March° ° car April 'of 1994. We still intend to
instal 3 ..this revi -s ion. pis" isdbh a °L b�ecome.s available to us.
4. Fine tuning of= the_Fixed Asset Management process continues
as we update old records and address new concerns.
3. & A. In -house processing o#„ berth the Financial Accounting
System and the Utility Billing System will remain as an
objective over the next sev±` years.
I
Don Ashworth, City Manager
March 7, 1994
Page 2
5. The 1??2 audit process stretched into the summer but our
efforts didn't go un- rewarded. We were notified on the last
working day of 1993 that we were awarded the certificate and
have attached a copy to this memo.
7. The final process for Arbitrage rebate reporting was completed
and the necessary forms and payments were remitted on February
8, 1994 (for the 1988 bond issues).
S. Water & Sewer revenues are continuing to keep pace with the
needs but as growth continues so will needs for expanded
services. No rate increases are deemed necessary at this time.
Surface water fees must be adjusted to meet the needs as defined
in the 1994 budget.
9. Our continued aggressive investment strategy has paid some very
good dividends. Major state legislation will restrict our abilities
to continue earning at the pace of the past two years. A specific
report on earnings will be provided as part of the annual audit
process.
10. The property information database has been progressing through
the efforts of an outside contractor.
11. The fire department is currently installing some new equipment
for connection to the city information network and work on
this should continue into 1994.
12. Legislative efforts affecting local government finance will
always be a concern and we should continue to keep informed.
Active participation with the League of Cities and the
Association of Metropolitan Municipalities continue to be a
priority.
Enough of the reflecting on the past!
We anticipate another exciting year in 1994 with new and better means
and methods for accomplishing the routine tasks, as well as additional
challenges from the state and federal governments as they continue to
share their financial woes and budgetary crises with us.
We continue to be faced with the challenge to do MORE with LESS
1 Don Ashworth, City Manager
March 7, 1994
Page 3
FINANCE DEPARTMENT
1994 GOALS AND OBJECTIVES
1. Instal'1 major revision to payroll system.
(repeat from 1993)
1 7. Continue work on Property Information data base.
8. Work closely with engineering and building inspection
departments on resolving the sump -pump problem with the
sewer system.
2.
Complete phase 2 of the Fixed Asset Management and Reporting,
(Including initial implementation of Central Services Fund
for vehicles and equipment)
3.
Continue installation efforts for in -house processing of
Financial Accounting System and Utility Billing System.
4.
Follow up on GFOA Certificate of Achievement suggestions
for improvements and submit 1993 Annual Financial Report
for consideration.
5.
Continue to monitor closely the water /sewer operations to
assure Financial stability.
6.
Modify current investment strategy to comply with new
'
state regulations and continue to actively monitor
market products /conditions to assure good earnings.
1 7. Continue work on Property Information data base.
8. Work closely with engineering and building inspection
departments on resolving the sump -pump problem with the
sewer system.
Don Ashworth, City Manager
September 29, 1993
Page 3
FINANCE DEPARTMENT
1993 GOALS AND OBJECTIVES
1. Install major revision to payroll system.
2. Complete phase 2 of the Fixed Asset Management and Reporting.
(Including initial implementation of Central Services Fund
for vehicles and equipment)
I
3.
Continue installation efforts for in -house processing of
Financial Accounting System.
4.
Continue installation efforts for in -house processing of
1
Utility Billing System.
5.
Complete requirements and make application for G.F.O.A.
Certificate of Achievement.
7.
Finalize Arbitrage reporting and rebate relative to 1988
bond issues. (payment and report due 2/28/93)
8.
Continue to monitor closely the water /sewer operations to
assure financial stability.
9.
Continue aggressive investment strategy and monitor results
more closely. Establish basic cash flow modeling.
'
10.
Continue work on Property Information data base.
11. Improve fire department reporting conditions and system.
12. Actively monitor legislative efforts affecting Local
Governments and share information with Mayor /Council and
City Manager.
f
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Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
1
City of Chanhassen,
Minnesota
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
December 31, 1992
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFRs) achieve the highest
standards in government accounting
and financial reporting.
pWY Ofp
Qu F F9�
MFIED STALES yy
AND
CANADA c
0 �s President
�NICA6o A4!�;re
Executive Director
1�
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1•
PROPOSED WORK SESSION ITEMS
Date
Proposed
Date
Identified
Discussion Item
Work Session
Resolved
Date
1 -10 -94
Cable TV Franchise Agreement
2 -28 -94
1 -10 -94
Interview Candidates for
1 -31 -94
2 -14-94
Commissions
1 -10 -94
Comparable Worth/Position
3 -7 -94
3 -14-94
Classification Plan
1 -10 -94
1994 Departmental Goals
3 -7 -94
1 -10 -94
City Hall Expansion
1 -10 -94
Gateway Entries -- Dakota, Great
Plains, Market Boulevard, and
County Road 17
1 -10 -94
Joint Council/Commission Meetings:
No work
a. Planning Commission
sessions in
b. Park and Recreation Commission
April.
c. HRA
Schedule joint
d. Public Safety Commission
meetings with
e. Senior Commission
commissions
1 -10 -94
Highway 5 Corridor Plan and
2 -7 -94
Ordinance
1 -10 -94
Gambling Regulations
3 -21 -94
1 -10 -94
Park and Trail Dedication Fees
Fall 1994
1 -10 -94
Senior Housing
3 -21 -94
1 -10 -94
Consider Auditor Selection Process
2 -28 -94
2 -14 -94
Affordable Housing Update Report
3 -21 -94
2 -14 -94
Liquor License Limitations
Organized Collection
3 -7 -94
1 -10 -94
Reallocate 1994 Contingency Fund
2 -14 -94
2 -14 -94
($33,000) to Fund Reduced
Revenues
11
PROPOSED WORK SESSION ITEMS
Proposed
Date Work Session Date
Identified Discussion Item Date Resolved
L
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is
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
4. Cliff Stalke -NSP (470 -3323)
NSP has just recently implemented a "new policy not requiring a deposit for those
developers who have a good track record with them. New developers are required to
' supply a promissory note. Credit is given for each new home under way.
jms
c: Charles Folch, City Engineer
g:\eng\dave\memos \devreq
TO:
Don Ashworth, City Manager
FROM: Dave Hempel, Assistant City Engineer
'
DATE:
March 18 1994
'
SUBJ:
Developer Requirements for Installation of Private Utility Service
PW336
1.
Ron Jabbs - Minnesota Valley Electric (492 -2313)
The developer enters into a contract with them. Sometimes a deposit is required. It
'
depends when the homes come on line. `Most of the time the deposit is refunded.
'
-8378)
2.
Ron Moritz - United Telephone (448
No deposit or contract required. However, they have had some discussions about
'
implementing some sort of contract.
'
3.
Janice Mahah - Minnegasco (342 -5123)
A deposit is required. The deposit is based on $3.00 /front foot of roadway. The
developer is credited 150 feet for all homes under construction. The deposit is refunded
'
on a quarterly basis up to a maximum of three years. If the development has municipal
sewer and water ,then no deposit is, They feel that in this scenario, the
subdivision is usually built out within a couple of years. They do accept a cash escrow
'
or letter of credit.
4. Cliff Stalke -NSP (470 -3323)
NSP has just recently implemented a "new policy not requiring a deposit for those
developers who have a good track record with them. New developers are required to
' supply a promissory note. Credit is given for each new home under way.
jms
c: Charles Folch, City Engineer
g:\eng\dave\memos \devreq