Administrative Section
~.
ADMINISTRATIVE SECTION
Memo frOm SRF Consulting Groupre: HWy 101. between;TH 5 andCSAH62 with
attachmentdatedOCtQber 1,1997
Schedule of City Council Work Sessions - 1997
Letter to John Badet dated Septemher -26, 19(j1,
tetter from RogerOustafson, Carver County EttliueetOated SeptemberS, 1997.
Letter to James Hul'rtl dated September 12, 1997, '
Letter to Kathleen O"Cotmell dated September 19,J997. .
Letter to William Engelhardt dated September 22,1997,
Letter to Laurie Jobn$()n~at~ September 22, 1997.
Letter to Greg Ingraham. dated September 22,1991.
Letter sent to affected property owners re: replacing trail.
Letter trom Minnesota Pollution COntrol AgencY to Mark HaUa.ted September 12, 1991.
. ff'-
Letter from ThomasH. J. T()ll1assen4atted September 15, 19,97.
Fax from Paul Kacl1elmyet, MnDot datedSept~ber 2(), 1997.. />
Memos from Scott RaFFre: Bicycl;~Safety CitatiOP progtamdated Sept~bet29 and
September 24, 1997.
Letter to all committee members re: Citizen Oversight COJ11t'Aitteetv{eetitigqatedOcteber
1, 1997. . . (' .
Park, Open Space and trail Citize1l Oversight Committ<ee Agenda tOt October 9,.1997,
Southwest Metro TransitCo~ission Agenda for September 25, 1991:
Letter to John Bader dated September 26, 1991,
Letter and attachments from Brian Grogan, Moss &. Batllett~$d Sept~ber25, 1997.
MemofromSh~AI;.~ftrefentertamment~rnpJ~ dlte40ctob.er 3~ 1997.
~':'t~':1.:'-\<
/l./~
. . ..... ,C 0 N S U~, T ~ N~ ,~.,~ q"!J P I
. , .. ,1 ", '., - ", ~ " ,.' <,'.: ".: '._', t -roo},' ': !--,~' ',".e;':. - ":. - L" ,,- "
Transportation · Civil- SttUctural · ~vironmental. Planning . :rr~ffic · LlJ.'lQScape Architecture · Parking
, ,_,'. I .
. ,
. ,SRF ;No. 097;2186.2
, ,
MEMOllA.ltfDt~
. ,j'4t~ '. #'0
oH-..u( d ~.<~
.,v",
TO:
Jim Grube, 'Henaepln~' ,
Bruce Potaczy~ Flennepm C,oontY
ROier GU$UlfsQu, Carv~Co"" \ '
. Don Ashwmt4\,Cit)(of C!mit'bamJeD
Churl~ Foleh, City ofCiJlr~n:
Gene Dietz, City of Eden p~
TinlPhenow, F\E., ?riuei{.lal
David' Julift:P .E., Aa};ociate ':
Jennie Ross, 'A~soCi~te
, . t!Tif r 'f ,r;
~t~, ~.::- ~';~~~~~~
':..)~ ":;.~;.
~,' ~ " :
"., ..........
. . i: ,.
fROM:
t':f..~:!'; :'~r~"~~'"'::1 ;~,:)~'.
,. 'f : ,_ '.1 . ...".. ~
DAlE: ('{1l)oor l.l997 '
SUBJECT; lUGnWAY 1(1: Df:TWHf..:f,C'1H 5.\NflCSAH62
, :. ..~__';;'O
Tn anti.;.ipuiicn of con~urrence: and, ditacti<>ntiOlfithe C~~~City ~QutJcil tn' prbee~a
with a '~Proj~etNp.wsietrer;' approacll fo pUbtiC:&'~~~j we "';lve fJJ'efa...-ed. the ar:ac~'\cd
di'af, newsletter. " .
Please re~1ew tbisdraft 8:..'ld p~vide'us with Your CbQ1inentsorcl~g~ lM-'tXIober 9, if :
possibie. If aqceptaltle, ,~ would like to Mtasetbis soon so tbaHhe t:!~eet cen proc,-~d
imo fieic duUl eollecti\>J).. . ,
Thank you.
,-'" <L
JR:bba
Attachment
,}
(', -
, ->--,
-.-' ... ~- ::\..
"<,'
. .~. ;
, One CarI$Qn tPlikw:ayNor,~ S~
Tel.l:J()~' (6:1~i~~~1Q.':.' Il~x(~la
. A. ';.:>.--"t~. ,-',. ",7.. '" -'0~"'~- ~'j,'-d1-"---"'" ~c <~. :" . ,
>_';, .__t"I.'- .
JNTY #4-u .-:Z ~ .......< c;-- c:..11
/'e. ~ ~~ c ,L...1e.
,4L kJ- - ee #d
;J,'h - ~_~'" / C,v c: cetJJ
ci'(Co'-fS ..j{.J /lJ..,..../., ;;:'11<
Highway 101 Reconstruction
78th Street to Pleasant View Road
,.",.ft, a..-.... .
October 1997 Volume 1 No 1
ghway 1 q1 Study Slated
PIN COUNTY AND Carver County, in cooperation with the cities of
lassen and Eden Prairie, are beginning the preliminary design
5S to reconstruct Highway 101 between W. 78th Street and
lnt View Road. The existing roadway is badly deteriorated and in
Jf replacement. As part of the design process for reconstruction
roadway the counties will address traffic volumes and safety,
trian and bicycle accommodation, and drainage along with many
design issues.
t of the preliminary design process detailed surveys of the
Jr will be completed. (You can expect to see survey crews in the
t area over the next 2 to 4 months. They are collecting existing
:ation and are not staking for actual construction.) A detailed
analysis will look at existing as well as projected future traffic
es in the corridor. Based on the traffic study, a preliminary
ay layout will be developed showing potential improvements to
;s traffic safety and capacity.
tironmental Assessment Worksheet (EAW) will be prepared to
;s environmental issues associated with this project. The EAW
::lVide detailed information on the impacts the proposed
lements will have on the project area, including those related to
Ids, floodplains, water quality, noise, air quality, traffic and
impacts. Where feasible, actions which will minimize or
te these impacts will also be identified.
ghway 101 preliminary design is scheduled for completion in
Nith the EAW being completed in July 1998. Additional news-
updating residents on the findings of the traffic analysis and
nmental studies and notifying the public of opportunities for
"till be distributed periodically throughout the project.
(\:v~~e"'"
, '"~~ \.'~\ ..' 'l ',,' 'f77il._. ~,~. ri>\cj ~
," f-"'/ ,'" ,I \.~
) I" ~ :rL!1 11\::::., :\'
j " ,~ (~-- ~. ~> . .
I '\ ,t "'~~
/ ; /(! <~I :-"'\ 1. _,~ ' .
\ j,"" ><1\ ,.. ". I " . \'" ". "..--0
~"'l"':"~" ....r-,J,. .".-;::,.,'
I .t,~'-,-_.~. .~~~-.(~~ / ~ \\~ ~" _. ..~ _J' I. /;~
/ ~I .\. ~ ,i" . I -", . \ _ ,- -~ l. ."~
, .
;
. ~
'" ,"~,
"'--,-':
.::,::" _ ; .' ".'tJ~ 'Ls\
, " ,:j' .\~. /' ,;:- y' i
~~, ':~-~~~j ~t~" ,!~::;>~~.'
,'j; ,,".J ,A~~ I ,;,
"0:..----1-" . J.. I!~ ia:c..//~.
," "'---, "",, '. 'f I') ,....).,
'....;:~~ ~ y;.:...<: ;,~ '.. ~ ; " :,/>,
~,2::.: ,~. ..,~ ,.~:o .:_>~/~
,~- ~~. -'\. ~~~?:.:,"
,I,. iI
,".
~ i
--;,
Highway 101 study developments and
key junctures in the project develop.
ment process and to provide an
opportunity for public input. Project
newsletters will be distributed as
information develops on traffic needs.
alternatives, impacts. design, and
other significant issues.
Jdy Includes
blic
rolvement
INVOLVEMENT IS an important
Inent of the Highway 101
3truction Project. The focus of
involvement in this project will
.eep area residents informed of
discussions on corridor problems and
preliminary design, EAW findings and
the development of design plans. The
meetings will provide the public with
an opportunity to comment on the
relative effectiveness of the proposed
alternatives in addressing local trans.
portation issues as well as the relative
social, economic and environmental
impacts of the proposed alternatives.
The public will also have the opportu-
nity to attend informational meetings.
These meetings will include
I Study Includes.... continued on back
i Study Includes.... continued from front
Comments received from the public will
be considered in the preliminary design
and development of recommended
alternatives.
person'S with specific~~stions
can contact e pr ject manager, Bruce
Polaczyk at H in County
Departm)p of Public orks.
For more information on the
Highway 101 Study, con tad:
Bruce Polaczyk. P.E.
Design Engineer
Hennepin County Department
of Public Works
320 Washington Avenue South
Hopkins, MN 55343-8496
612/930-2500
Hennepin County Department of Public Works
320 Washington Avenue South
Hopkins. MN 55343-8496
Highway 101 Notification
~
i IDJl ~I I , B!:' I j!s;}!!J~1S:
:; I I U~:<I .~~~ E
D ~ I~~ 'l:I'::
~ ~ Jj / ,\):?/nl \ ~~ ,.
i
{
~ y ~ \~m~ L !
-4. ::=:----1 / % 1-1 ~
lfj~ ~ ~~Ij' "'\~rc I
. h~ C?; ~C(\l~
Jj -rl"PF--J ~ (( ~I ~=
~~!fI ~D ~ .=
~ /V~ y
,~. ~ /~.
~ (f';::(~C- .
J~~' ~~/ T 1)-/:= {
~ ~\
~ ~ \
II I r ~~,' , :R\~ I
~fl" " ~' ~~
~ '( ~\~ ~C~~ I
\\ ~ ~ I I I ^<'\.{' \ ': I
IIII~ :;:::: ~~t
:JJ r~~ !
~ :J~ V \ ~ .
; = ~ (J3llF
:::. ( >.
~ HIT 1 \1 C\ 7
y/ I~'\'~//.
= Hi: J >-
I ==~. T,n~~ ~
~ 'ZJ: I \. r /r ~Ij
\~~~1it W - }~J-<<"~
C<-l , -, 1 J " \'iiit!l
~<a-A ~llllIllj (';:: -- "-I~~
I \~ Ili';~I ~~~
~ CDJ[IIJtmt~
\ 'Ir;-I~lY[[[Ej v
j
~
r
::l
NEW PIO
25-0010400
25-0010800
25-0010900
25-0011000
25-0011200
25-0011300
25-0011600
25-0011700
25-0011800
25-0011900
25-0012000
25-0012100
25-0120100
25-0120600
25-2070010
25-2070020
25-2070030
25-2070040
25-2080010
25-2080020
25-2080030
25-2080040
25-2080050
25-2080060
25-2080070
25-2080080
25-2080090
25-2080100
25-2080110
25-2080120
25-2080130
25-2080140
25-2080150
25-2080160
25-2080170
LAST NAME
KLlNGELHUTZ
TIMBERG
SCHROEDER
NELSON
KASK
DOUGLAS
MCNUTT
NICHOLLS
WENNING
BONGARD
WOLTER
STATE OF MINNES
CHANHASSEN
SOSIN
TAM
CARLSON
BASSET
BEUNING
MARQUART
MANNING
OFTEDAL
ALLEN
BORIL
CRUIKSHANK
DUHAIME
LEE
MULCRONE
VERNES
SCHWEGMAN
ANDREWS
HERRON
L1NDBERY
SCHWARTZ
VANEYLL
JOHNSON
HOUSE NO STREET
6570 CHANHASSEN RD
195 PLEASANT VIEW RD
6430 PLEASANT VIEW LN
135
115
65
185
6451
6441
6500
6850
7400
6200
6199
110
120
101
99
97
95
93
91
89
87
85
83
81
82
84
86
88
90
92
PLEASANT VIEW RD
PLEASANT VIEW RD
PLEASANT VIEW RD
PLEASANT VIEW RD
PLEASANT VIEW CIR
PLEASANT VIEW CIR
CHANHASSEN RD
CHANHASSEN RD
CHANHASSEN RD
CASCADE PASS
CASCADE PASS
SHASTA CIR W
SHASTA CIR W
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
CASTLE RIDGE CT
LEGAL
2 ACRES IN SE1/4 OF NE1/4
.52 ACRE P/O SE1/4 NE1/4 BEG AT NW COF
.72 ACRE S 100' OF N 220' OF E 315' OF W
.52 ACRE IN SE1/4 NE1/4
.82 ACRE IN SE1/4 NE1/4
.75 ACRE AS DEEDED P/O N 451' OF SE1/4
.86 ACRE
.5 ACRE P/O SE1/4 NE1/4 DESC AS BEG AT
.45 ACRE P/O N 451' OF SE1/4
2.77 ACRES S 240' OF N 451' OF E 503' OF
78 ACRE P/O GOVT LOT 1 DESC AS: BEG P.
8.7 ACRES IN GOVT LOT 1-DNR
1.5 ACRES IN SE1/4 SE1/4
1.5 ACRES AS DEEDED COMM AT NE CORI'
LOT 001 BL 001 CHESTNUT RDG AT NEAR
LOT 001 BL 002 CHESTNUT RDG AT NEAR
LOT 002 BL 002 CHESTNUT RDG AT NEAR
LOT 003 BL 002 CHESTNUT RDG AT NEAR
LOT 001 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 002 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 003 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 004 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 005 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 006 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 007 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 008 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 009 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 010 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 011 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 012 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 013 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 014 BL 001 CHESTNUT RDG AT NEAR MTI
LOT 015 BL 001 CHESTNUT RDG AT NEAR MT
LOT 016 BL 001 CHESTNUT RDG AT NEAR MT
LOT 017 BL 001 CHESTNUT RDG AT NEAR MT
:W PID LAST NAME HOUSE NO STREET LEGAL
080180 MAYER 96 CASTLE RIDGE CT LOT 018 BL 001 CHESTNUT RDG AT NEAR MTN
080190 FISCHER 98 CASTLE RIDGE CT LOT 019 BL 001 CHESTNUT RDG AT NEAR MTN
090010 WESTLlND 6211 CASCADE PASS LOT 001 BL 001 CHESTNUT RDG AT NEAR MTN
090020 OUSDIGIAN 6213 CASCADE PASS LOT 002 BL 001 CHESTNUT RDG AT NEAR MTN
090030 PAWLEY 6215 CASCADE PASS LOT 003 BL 001 CHESTNUT RDG AT NEAR MTN
:)90040 HEISS 6217 CASCADE PASS LOT 004 BL 001 CHESTNUT RDG AT NEAR MTN
J90050 RUGLAND 6219 CASCADE PASS LOT 005 BL 001 CHESTNUT RDG AT NEAR MTN
)90060 GOWAN 6221 CASCADE PASS LOT 006 BL 001 CHESTNUT RDG AT NEAR MTN
)90070 SMALKOSKI 6223 CASCADE PASS LOT 007 BL 001 CHESTNUT RDG AT NEAR MTN
)90080 FAY 6214 CASCADE PASS LOT 001 BL 002 CHESTNUT RDG AT NEAR MTN
)90090 OLSSON 6216 CASCADE PASS LOT 002 BL 002 CHESTNUT RDG AT NEAR MTN
)90100 RYDLAND 6218 CASCADE PASS LOT 003 BL 002 CHESTNUT RDG AT NEAR MTN
)90110 VARGA 6220 CASCADE PASS LOT 004 BL 002 CHESTNUT RDG AT NEAR MTN
)90120 HEINEMANN 6222 CASCADE PASS LOT 005 BL 002 CHESTNUT RDG AT NEAR MTN
)90130 SNEDE 6224 CASCADE PASS LOT 006 BL 002 CHESTNUT RDG AT NEAR MTN
190140 HARVEY 6226 CASCADE PASS LOT 007 BL 002 CHESTNUT RDG AT NEAR MTN
!90150 WILLIAMS 6228 CASCADE PASS LOT 008 BL 002 CHESTNUT RDG AT NEAR MTN
90160 MARGL 6230 CASCADE PASS LOT 009 BL 002 CHESTNUT RDG AT NEAR MTN
'90170 SATHYAMURTHY 6232 CASCADE PASS LOT 010 BL 002 CHESTNUT RDG AT NEAR MTN
90180 CAMPBELL 6340 CASTLE RDG LOT 011 BL 002 CHESTNUT RDG AT NEAR MTN
00010 CHRISTIANSEN 6202 CASCADE PASS LOT 001 BL 001 CHESTNUT RDG AT NEAR MTN
---
00020 HANSEN 6204 CASCADE PASS LOT 002 BL 001 CHESTNUT RDG AT NEAR MTN
00030 KEELER 6206 CASCADE PASS LOT 003 BL 001 CHESTNUT RDG AT NEAR MTN
00040 BUELOW 6208 CASCADE PASS LOT 004 BL 001 CHESTNUT RDG AT NEAR MTN
00050 REYNOLDS 150 CASCADE CT LOT 005 BL 001 CHESTNUT RDG AT NEAR MTN
00060 RAASCH 160 CASCADE CT LOT 006 BL 001 CHESTNUT RDG AT NEAR MTN
00070 BELLING 170 CASCADE CT LOT 007 BL 001 CHESTNUT RDG AT NEAR MTN
00080 LANE 180 CASCADE CT LOT 008 BL 001 CHESTNUT RDG AT NEAR MTN
00090 HOY 181 CASCADE CT LOT 009 BL 001 CHESTNUT RDG AT NEAR MTN
00100 MOSTROM 183 CASCADE CT LOT 010 BL 001 CHESTNUT RDG AT NEAR MTN
00110 VOLLMERS 185 CASCADE CT LOT 011 BL 001 CHESTNUT RDG AT NEAR MTN
00120 OMANN 6201 CASCADE PASS LOT 001 BL 002 CHESTNUT RDG AT NEAR MTN
00130 LEFEVERE 6203 CASCADE PASS LOT 002 BL 002 CHESTNUT RDG AT NEAR MTN
:>0140 LUKENS 6205 CASCADE PASS LOT 003 BL 002 CHESTNUT RDG AT NEAR MTN
--
J0150 WOLFF 6207 CASCADE PASS LOT 004 BL 002 CHESTNUT RDG AT NEAR MTN
NEW PIO LAST NAME HOUSE NO STREET LEGAL
25-2100160 BUTLER 6209 CASCADE PASS LOT 005 BL 002 CHESTNUT RDG AT NEAR MTN
25-2110010 YESNES 6400 NEAR MOUNTAIN BLVD LOT 001 BL 001 CHESTNUT RDG AT NEAR MTN
25-2110020 GALLAGHER 6390 NEAR MOUNTAIN BLVD LOT 002 BL 001 CHESTNUT RDG AT NEAR MTN
25-2110030 WHITMAN 6380 NEAR MOUNTAIN BLVD LOT 003 BL 001 CHESTNUT RDG AT NEAR MTN
25-2110040 WEIGEL 6370 NEAR MOUNTAIN BLVD LOT 004 BL 001 CHESTNUT RDG AT NEAR MTI\
25-2110050 GRIEGER 6360 NEAR MOUNTAIN BLVD LOT 005 BL 001 CHESTNUT RDG AT NEAR MTI\
25-2110060 WHATLEY 201 MOUNTAIN WAY LOT 001 BL 002 CHESTNUT RDG AT NEAR MH-
25-2110070 JOHNSON 6300 NEAR MOUNTAIN BLVD LOT 001 BL 003 CHESTNUT RDG AT NEAR MH-
25-2110080 MAHON 280 MOUNTAIN VIEW CT LOT 002 BL 003 CHESTNUT RDG AT NEAR MH-
25-2110090 PUGH 260 MOUNTAIN VIEW CT LOT 003 BL 003 CHESTNUT RDG AT NEAR MH
25-2110100 COLEMAN 241 MOUNTAIN VIEW CT LOT 004 BL 003 CHESTNUT RDG AT NEAR MH
25-2110110 BAUER 221 MOUNTAIN VIEW CT LOT 005 BL 003 CHESTNUT RDG AT NEAR MH
25-2110120 REAGAN 201 MOUNTAIN VIEW CT LOT 006 BL 003 CHESTNUT RDG AT NEAR MH
25-2110130 ROGERS 6330 NEAR MOUNTAIN BLVD LOT 007 BL 003 CHESTNUT RDG AT NEAR MH
25-2110140 HACKNEY 200 MOUNTAIN WAY LOT 008 BL 003 CHESTNUT RDG AT NEAR MH
25-2110150 SCHULTE 6391 NEAR MOUNTAIN BLVD LOT 001 BL 004 CHESTNUT RDG AT NEAR MH
25-2110160 BRADY 6371 NEAR MOUNTAIN BLVD LOT 002 BL 004 CHESTNUT RDG AT NEAR MH
25-2110170 KAUFMAN 6351 NEAR MOUNTAIN BLVD LOT 003 BL 004 CHESTNUT RDG AT NEAR MH
25-2110180 SEIFERT 6331 NEAR MOUNTAIN BLVD LOT 004 BL 004 CHESTNUT RDG AT NEAR MH
25-2110190 BENBOW 6311 NEAR MOUNTAIN BLVD LOT 005 BL 004 CHESTNUT RDG AT NEAR MH
25-2110200 WALKER 6301 NEAR MOUNTAIN BLVD LOT 006 BL 004 CHESTNUT RDG AT NEAR MH
25-2110210 THOMPSON 6291 NEAR MOUNTAIN BLVD LOT 007 BL 004 CHESTNUT RDG AT NEAR MH
25-2120010 HAZZARD 241 PIEDMONT CT LOT 001 BL 001 CHESTNUT RDG AT NEAR MH
25-2120020 PEYER 221 PIEDMONT CT LOT 002 BL 001 CHESTNUT RDG AT NEAR MH
25-2120030 COLLIER 210 PIEDMONT CT LOT 003 BL 001 CHESTNUT RDG AT NEAR MH
25-2120040 LEARY 6281 NEAR MOUNTAIN BLVD LOT 004 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130010 BENTRUP 260 MOUNTAIN WAY LOT 001 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130020 ANDERSON 250 MOUNTAIN WAY LOT 002 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130030 JOHNSON 240 MOUNTAIN WAY LOT 003 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130040 BICKLER 230 MOUNTAIN WAY LOT 004 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130050 CASEY 220 MOUNTAIN WAY LOT 005 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130060 SCHULTZ 210 MOUNTAIN WAY LOT 006 BL 001 CHESTNUT RDG AT NEAR MTt
25-2130070 PHILLIPS 271 MOUNTAIN WAY LOT 001 BL 002 CHESTNUT RDG AT NEAR MTt
25-2130080 SHERER 261 MOUNTAIN WAY LOT 002 BL 002 CHESTNUT RDG AT NEAR MTt
25-2130090 PROKOSCH 251 MOUNTAIN WAY LOT 003 BL 002 CHESTNUT RDG AT NEAR MTr
w pro
130100
130110
130120
130130
140010
140020
140030
140040
'40050
40060
40070
40080
;00010
00020
00030
00040
00050
00060
00070
00080
J0090
J0100
J0110
JO 1 20
J0130
J0140
JO 150
)0160
)0170
)0180
)0190
)0200
)0210
)0220
)0230
LAST NAME
HOUSE NO STREET
241 MOUNTAIN WAY
231 MOUNTAIN WAY
221 MOUNTAIN WAY
211 MOUNTAIN WAY
BAUER
GRAHAM
NICE
KADLEC
ROY
LOHMAN
MOES
BROKAW
SACHA
BICKEL
KOSLOSKE
MANDY
MOSCA TELLI
BOHLlG
ANDERSEN
MCCARY
MCCARY
POSNICK
NEILS
BEHR
NIEFELD
HEER
CARLSON
WILDERMUTH
THATCHER
ERHARD
MOSCHET
CONNELLY
LEPLATT
VASSALLO
KVAM
CRAWFORD
WHITEHILL
ERICKSON
MARRA
6201
6221
6241
6261
6260
6240
6220
6210
102
106
108
7010
7012
7014
7016
7018
7020
7022
7024
7004
7006
7008
7012
7018
105
107
7001
7003
7007
LEGAL
LOT 004 BL 002 CHESTNUT RDG AT NEAR MTN
LOT 005 BL 002 CHESTNUT RDG AT NEAR MTN
LOT 006 BL 002 CHESTNUT RDG AT NEAR MTN
LOT 007 BL 002 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 001 BL 001 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 002 BL 001 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 003 BL 001 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 004 BL 001 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 001 BL 002 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 002 BL 002 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 003 BL 002 CHESTNUT RDG AT NEAR MTN
NEAR MOUNTAIN BLVD LOT 004 BL 002 CHESTNUT RDG AT NEAR MTN
SANDY HOOK RD
SANDY HOOK RD
SANDY HOOK RD
DAKOTA AVE
DAKOTA AVE
DAKOTA AVE
DAKOTA CIR
DAKOTA CIR
DAKOTA CIR
DAKOTA CIR
DAKOTA AVE
CHEYENNE TRL
CHEYENNE TRL
CHEYENNE TRL
CHEYENNE TRL
CHEYENNE TRL
SANDY HOOK RD
SANDY HOOK RD
DAKOTA AVE
DAKOTA AVE
DAKOTA AVE
LOT 001 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 002 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 003 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 004 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 005 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 014 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 015 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 016 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 017 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 018 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 019 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 020 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 021 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 22 EXC THAT PT LYING SWL Y OF THE
LOT 023 BL 001 COLONIAL GROVE AT LOTUS LK
LOT 024 BL 001 COLONIAL GROVE AT LOTUS LK
PART OF LOT 26 LYING W OF A LINE DRAWN
BL 001 PT OF LOT 26 LYING E OF A LINE
LOT 001 BL 002 COLONIAL GROVE AT LOTUS LK
LOT 002 BL 002 COLONIAL GROVE AT LOTUS LK
LOT 003 BL 002 COLONIAL GROVE AT LOTUS LK
LOT 004 BL 002 COLONIAL GROVE AT LOTUS LK
LOT 005 BL 002 COLONIAL GROVE AT LOTUS LK
NEW PIO LAST NAME HOUSE NO STREET LEGAL
25-2300240 MERIWETHER 7011 DAKOTA AVE LOT 006 Bl 002 COLONIAL GROVE AT lOTUS l
25-2300250 PAULSEN 7013 DAKOTA AVE lOT 007 Bl 002 COLONIAL GROVE AT lOTUS l
25-2300260 BLOCH 7015 DAKOTA AVE lOT 008 Bl 002 COLONIAL GROVE AT lOTUS l
25-2300270 MONTGOMERY 7017 DAKOTA AVE lOT 009 Bl 002 COLONIAL GROVE AT lOTUS l
25-2300280 ZAPPA 7002 CHEYENNE TRl lOT 010 Bl 002 COLONIAL GROVE AT lOTUS l
25-2300300 lEIVERMANN 7003 CHEYENNE TRl lOT 002 Bl 003 COLONIAL GROVE AT lOTUS L
25-2300310 SMITH 7005 CHEYENNE TRl lOT 003 Bl 003 COLONIAL GROVE AT lOTUS L
25-2300320 HIRT 7007 CHEYENNE TRl lOT 004 Bl 003 COLONIAL GROVE AT lOTUS L
25-2300330 BURKE 7009 CHEYENNE TRl lOT 005 Bl 003 COLONIAL GROVE AT lOTUS L
25-2380010 MIDNESS 112 SANDY HOOK RD lOT 001 Bl001 COl GROVE @ lOTUS
.- --------
25-2380020 PAlMBY 114 SANDY HOOK RD lOT 002 Bl 001 COl GROVE @ lOTUS
. - - - - -- -- -
25-2380030 SPLlETHOFF 113 SANDY HOOK RD lOT 003 Bl 001 COl GROVE @ lOTUS
- - - - - -- -- -
25-2380040 MIDNESS 112 SANDY HOOK RD LOT 004 Bl 001 COl GROVE @ lOTUS
. - - - - -- -- -
25-2380050 KERN 109 SANDY HOOK RD lOT 005 Bl 001 COl GROVE @ lOTUS
. - - - - -- ---
25-2380060 ENGASSER 7000 DAKOTA AVE lOT 006 Bl 001 COl GROVE @ lOTUS
. - - -. -- -- -
25-2380070 FLAHERTY 7004 DAKOTA lOT 007 Bl 001 COl GROVE @ lOTUS
- - -. .----
25-2380080 BLOOMBERG 7008 DAKOTA AVE lOT 008 Bl 001 COl GROVE @ lOTUS
. - - - - -- -- -
25-2400010 PFANKUCH 100 SANDY HOOK RD lOT 001 Bl001 COLONIAL GROVE AT lOTUS 1
25-2400020 FROST 80 SANDY HOOK RD lOT 002 Bl 001 COLONIAL GROVE AT lOTUS I
25-2400030 HEER 50 SANDY HOOK RD lOT 001 Bl 002 COLONIAL GROVE AT lOTUS I
25-2400040 JAMIESON 30 SANDY HOOK RD lOT 002 Bl 002 COLONIAL GROVE AT lOTUS I
25-2400050 NAREM 20 SANDY HOOK RD LOT 003 Bl 002 COLONIAL GROVE AT lOTUS I
25-2400060 FESS 61 SANDY HOOK RD lOT 001 Bl 003 COLONIAL GROVE AT lOTUS I
25-2400070 BENNETT 7017 SANDY HOOK CIR lOT 002 Bl 003 COLONIAL GROVE AT LOTUS I
25-2400080 lEE 7015 SANDY HOOK CIR lOT 003 Bl 003 COLONIAL GROVE AT lOTUS I
25-2400090 DOCKENDORF 7013 SANDY HOOK CIR lOT 004 Bl 003 COLONIAL GROVE AT lOTUS I
25-2400100 HUDSON 7007 SANDY HOOK CIR lOT 005 Bl 003 COLONIAL GROVE AT lOTUS I
25-2400110 RICH 7005 SANDY HOOK CIR lOT 006 Bl 003 COLONIAL GROVE AT lOTUS.
25-2400120 HAMPSON 7003 SANDY HOOK CIR lOT 007 Bl 003 COLONIAL GROVE AT LOTUS
25-2400130 BlECHTA 31 SANDY HOOK RD lOT 008 Bl 003 COLONIAL GROVE AT lOTUS
25-2400140 ROBBINS 7022 SANDY HOOK CIR lOT 001 Bl 004 COLONIAL GROVE AT lOTUS
25-2400150 PETERSON 7020 SANDY HOOK CIR lOT 002 Bl 004 COLONIAL GROVE AT lOTUS
25-2400160 WALTON 7018 SANDY HOOK CIR lOT 003 Bl 004 COLONIAL GROVE AT lOTUS
25-2400170 ENGEL 7016 SANDY HOOK CIR lOT 004 Bl 004 COLONIAL GROVE AT lOTUS
25-2400180 ANDREWS 7014 SANDY HOOK CIR lOT 005 Bl 004 COLONIAL GROVE AT LOTUS
=.W PIO LAST NAME HOUSE NO STREET LEGAL
2400190 MOSLEY 7012 SANDY HOOK CIR LOT 006 BL 004 COLONIAL GROVE AT LOTUS LK
2400200 CARLSON 7010 SANDY HOOK CIR LOT 007 BL 004 COLONIAL GROVE AT LOTUS LK
2400210 SALVESON 7011 CHEYENNE TRL LOT 008 BL 004 COLONIAL GROVE AT LOTUS LK
2400220 WESSELL 7017 CHEYENNE TRL LOT 009 BL 004 COLONIAL GROVE AT LOTUS LK
2400230 CHRISTENSEN 7019 CHEYENNE TRL LOT 010 BL 004 COLONIAL GROVE AT LOTUS LK
2400240 BRETTIN 7021 CHEYENNE TRL LOT 011 BL 004 COLONIAL GROVE AT LOTUS LK
2400250 TURNER 7023 CHEYENNE TRL LOT 012 BL 004 COLONIAL GROVE AT LOTUS LK
2400260 SHERMAN 7025 CHEYENNE TRL LOT 013 BL 004 COLONIAL GROVE AT LOTUS LK
2400270 ERNY 7008 SANDY HOOK CIR LOT 014 BL 004 COLONIAL GROVE AT LOTUS LK
2400280 PRICE 7006 SANDY HOOK CIR LOT 015 BL 004 COLONIAL GROVE AT LOTUS LK
2400290 WHITEHILL 7004 SANDY HOOK CIR LOT 016 BL 004 COLONIAL GROVE AT LOTUS LK
~400300 JANKE 7002 SANDY HOOK CIR LOT 017 BL 004 COLONIAL GROVE AT LOTUS LK
~40031 0 BRAFF 7000 SANDY HOOK CIR LOT 018 BL 004 COLONIAL GROVE AT LOTUS LK
~400320 LOTUS LAKE BETT COLONIAL GROVE AT LOTUS LK 2ND OUTLOT A
~73001 0 BROWN 10 FOX HOLLOW DR LOT 001 BL 001 FOX HOLLOW
~730020 OPATZ 20 FOX HOLLOW DR LOT 002 BL 001 FOX HOLLOW
~730030 LOWRANCE 30 FOX HOLLOW DR LOT 003 BL 001 FOX HOLLOW
~730040 AHRENS 40 FOX HOLLOW DR LOT 004 BL 001 FOX HOLLOW
!730050 GREIFF 50 HUNTERS CT LOT 005 BL 001 FOX HOLLOW
!730060 STOTLER 60 HUNTERS CT LOT 006 BL 001 FOX HOLLOW
~730070 COOK 70 HUNTERS CT LOT 007 BL 001 FOX HOLLOW
~730080 BUJOLD 80 HUNTERS CT LOT 008 BL 001 FOX HOLLOW
!730090 RAUCH 90 HUNTERS CT LOT 009 BL 001 FOX HOLLOW
~7301 00 JORGENSEN 100 FOX HOLLOW DR LOT 010 BL 001 FOX HOLLOW
'730110 UNER 110 FOX HOLLOW DR LOT 011 BL 001 FOX HOLLOW
'7301 20 QUIST 120 FOX HOLLOW DR LOT 012 BL 001 FOX HOLLOW
'730130 KLOIDA 130 FOX HOLLOW DR LOT 013 BL 001 FOX HOLLOW
'730140 CARLSON 140 BLUFF RIDGE CT LOT 014 BL 001 FOX HOLLOW
'7301 50 PETERSON 150 BLUFF RIDGE CT LOT 015 BL 001 FOX HOLLOW
'730160 PETERSON 160 BLUFF RIDGE CT LOT 016 BL 001 FOX HOLLOW
'730170 BISHOP 170 BLUFF RIDGE CT LOT 017 BL 001 FOX HOLLOW
'730180 HAVAS I 180 BLUFF RIDGE CT LOT 018 BL 001 FOX HOLLOW
'7301 90 SCHRIEBER 160 FOX HOLLOW DR LOT 019 BL 001 FOX HOLLOW
'730200 BROWN 6500 GRA Y FOX CRV LOT 001 BL 002 FOX HOLLOW
'730210 MARSH 6502 GRA Y FOX CRV LOT 002 BL 002 FOX HOLLOW
NEW PIC LAST NAME HOUSE NO STREET LEGAL
25-2730220 MOEHRLE 6504 GRAY FOX CRY LOT 003 BL 002 FOX HOLLOW
25-2730230 AMY 6506 GRA Y FOX CRY LOT 004 BL 002 FOX HOLLOW
25-2730240 L1NDEMEIER 6508 GRAY FOX CRY LOT 005 BL 002 FOX HOLLOW
25-2730250 BOGGS 6510 GRAY FOX CRY LOT 006 BL 002 FOX HOLLOW
25-2730260 ZIMMER 6512 GRAY FOX CRY LOT 007 BL 002 FOX HOLLOW
25-2730270 BOECKENSTEDT 6541 QUAIL XING LOT 008 BL 002 FOX HOLLOW
25-2730280 KRAUSE 6531 QUAIL XING LOT 009 BL 002 FOX HOLLOW
25-2730290 NIEDERLUECKE 6521 QUAIL XING LOT 010 BL 002 FOX HOLLOW
25-2730300 ORR 6520 QUAIL XING LOT 001 BL 003 FOX HOLLOW
25-2730310 OLSON 6530 QUAIL XING LOT 002 BL 003 FOX HOLLOW
25-2730320 TUPPER 6540 QUAIL XING LOT 003 BL 003 FOX HOLLOW
25-2730330 VANSANT 6550 QUAIL XING LOT 004 BL 003 FOX HOLLOW
25-2730340 ROTHSTEIN 6514 GRA Y FOX CRY LOT 005 BL 003 FOX HOLLOW
25-2730350 HAMLIN 6516 GRA Y FOX CRY LOT 006 BL 003 FOX HOLLOW
25-2730360 DOENGES 6518 GRA Y FOX CRY LOT 007 BL 003 FOX HOLLOW
25-2730370 JANSSEN 6520 GRAY FOX CRY LOT 008 BL 003 FOX HOLLOW
25-2730380 SINN EN 6522 GRAY FOX CRY LOT 009 BL 003 FOX HOLLOW
25-2730390 NUTTING 6524 GRA Y FOX CRY LOT 010 BL 003 FOX HOLLOW
25-2730400 ROEPKE 6526 GRAY FOX CRY LOT 011 BL 003 FOX HOLLOW
25-2730410 PAGE 6528 GRA Y FOX CRY LOT 012 BL 003 FOX HOLLOW
25-2730420 GUNST 6595 FOXTAIL CT LOT 013 BL 003 FOX HOLLOW
25-2730430 BARIL 6591 FOXTAIL CT LOT 014 BL 003 FOX HOLLOW
25-2730440 METCALF 6581 FOXTAIL CT LOT 015 BL 003 FOX HOLLOW
25-2730450 ENGELHARDT 6571 FOXTAIL CT LOT 016 BL 003 FOX HOLLOW
25-2730460 MCCREIGHT 6561 FOXTAIL CT LOT 017 BL 003 FOX HOLLOW
25-2730470 MOORE 6530 GRAY FOX CRY LOT 018 BL 003 FOX HOLLOW
25-2730480 PIATKOWSKI 6532 GRAY FOX CRY LOT 019 BL 003 FOX HOLLOW
25-2730490 LUTGEN 6534 GRAY FOX CRY LOT 020 BL 003 FOX HOLLOW
25-2730500 JONSRUD 6536 GRAY FOX CRY LOT 021 BL 003 FOX HOLLOW
25-2730510 QUINLAN 6538 GRAY FOX CRY LOT 022 BL 003 FOX HOLLOW
25-2730520 THIELGES 6540 GRAY FOX CRY LOT 023 BL 003 FOX HOLLOW
25-2730530 LOCKWOOD 141 FOX HOLLOW DR LOT 024 BL 003 FOX HOLLOW
25-2730540 PICKENS 131 FOX HOLLOW DR LOT 025 BL 003 FOX HOLLOW
25-2730550 VISKOCIL 121 FOX HOLLOW DR LOT 026 BL 003 FOX HOLLOW
25-2730570 ZOERHOF 6517 GRAY FOX CRY LOT 002 BL 004 FOX HOLLOW
EW PID LAST NAME HOUSE NO STREET LEGAL
2730580 SHIELDS 6519 GRA Y FOX CRV LOT 003 BL 004 FOX HOLLOW
2730590 NEWHOUSE 6521 GRAY FOX CRV LOT 004 BL 004 FOX HOLLOW
2730600 HIL TBRAND 6523 GRAY FOX CRV LOT 005 BL 004 FOX HOLLOW
2730610 MCDONALD 6525 GRAY FOX CRV LOT 006 BL 004 FOX HOLLOW
2730620 LUHMAN 6527 GRAY FOX CRV LOT 007 BL 004 FOX HOLLOW
2730630 MCDOUGALD 6529 GRAY FOX CRV LOT 008 BL 004 FOX HOLLOW
2730640 DEWEY 6531 GRAY FOX CRV LOT 009 BL 004 FOX HOLLOW
2730650 DEADRICK 6533 GRAY FOX CRV LOT 010 BL 004 FOX HOLLOW
2730660 RICHMOND 6535 GRAY FOX CRV LOT 011 BL 004 FOX HOLLOW
2730670 RAYMAKERS 6537 GRAY FOX CRV LOT 012 BL 004 FOX HOLLOW
2730680 KELL Y 6539 GRAY FOX CRV LOT 013 BL 004 FOX HOLLOW
2730690 AMICK 6541 GRAY FOX CRV LOT 014 BL 004 FOX HOLLOW
~730700 DOW 6543 GRA Y FOX CRV LOT 015 BL 004 FOX HOLLOW
~73071 0 DAVIS 6545 GRA Y FOX CRV LOT 016 BL 004 FOX HOLLOW
~730720 BATTANI 6547 GRA Y FOX CRV LOT 017 BL 004 FOX HOLLOW
~730730 EDWARDS 6549 GRA Y FOX CRV LOT 018 BL 004 FOX HOLLOW
~7307 40 PORTER 6551 GRA Y FOX CRV LOT 019 BL 004 FOX HOLLOW
~730750 QUILLING 6553 GRA Y FOX CRV LOT 020 BL 004 FOX HOLLOW
~730760 BUCKINGHAM 6555 GRAY FOX CRV LOT 021 BL 004 FOX HOLLOW
~730770 GALLES 6557 GRAY FOX CRV LOT 022 BL 004 FOX HOLLOW
~730780 MOORHEAD 6559 GRAY FOX CRV LOT 023 BL 004 FOX HOLLOW
~730790 MOORE 6561 GRA Y FOX CRV LOT 024 BL 004 FOX HOLLOW
~730800 CARLSON 6563 GRAY FOX CRV LOT 025 BL 004 FOX HOLLOW
~73081 0 BATZLI 161 FOX HOLLOW DR LOT 026 BL 004 FOX HOLLOW
!730820 TISDELL 171 FOX HOLLOW DR LOT 027 BL 004 FOX HOLLOW
~730830 POLlVANY 181 FOX HOLLOW DR LOT 028 BL 004 FOX HOLLOW
!730840 REAGAN 31 FOX HOLLOW DR LOT 001 BL 005 FOX HOLLOW
~730850 HALL 41 FOX HOLLOW DR LOT 002 BL 005 FOX HOLLOW
~730860 LEITH 6503 GRAY FOX CRV LOT 003 BL 005 FOX HOLLOW
'730870 NELSON 6505 GRAY FOX CRV LOT 004 BL 005 FOX HOLLOW
~730880 LUCAS 6507 GRAY FOX CRV LOT 005 BL 005 FOX HOLLOW
'730890 KRULlK 6509 GRAY FOX CRV LOT 006 BL 005 FOX HOLLOW
'730910 BUILDERS DEVELO FOX HOLLOW OUTLOT A
'730930 CHANHASSEN FOX HOLLOW OUTLOT C EXC N 91 97' OF E 220'
- - - - - --
'740010 JOHNSON 6515 GRAY FOX CRV LOT 001 BL 001 FOX HOLLOW 2ND ADDITION
NEW PIO LAST NAME HOUSE NO STREET LEGAL
25-2740020 PETERSEN 6511 GRAY FOX CRV LOT 002 BL 001 FOX HOLLOW 2ND ADDITION
25-2740030 SZALKIEWICZ 6513 GRAY FOX CRV LOT 003 BL 001 FOX HOLLOW 2ND ADDITION
25-2740040 FLOM 6590 CHANHASSEN RD LOT 004 BL 001 FOX HOLLOW 2ND ADDITION
25-2760010 KRAKE 200 FOX HOLLOW DR LOT 001 BL 001 FOX HOLLOW 3RD ADDITION
25-2760020 PETERSON 180 FOX HOLLOW DR LOT 001 BL 002 FOX HOLLOW 3RD ADDITION
25-2760030 MORRIS 170 FOX HOLLOW DR LOT 002 BL 002 FOX HOLLOW 3RD ADDITION
25-2780010 BOWE 190 GRAY FOX LN LOT 001 BL 001 FOX HOLLOW FOURTH ADDITIOI
25-2780020 LUNDGREN 170 GRAY FOX LN LOT 002 BL 001 FOX HOLLOW FOURTH ADDITIO'
25-2780030 SIEBER 150 GRA Y FOX LN LOT 003 BL 001 FOX HOLLOW FOURTH ADDITIO
25-2780040 RIVERS 130 GRA Y FOX LN LOT 004 BL 001 FOX HOLLOW FOURTH ADDITIO
25-2780050 O'CONNOR 110 GRAY FOX LN LOT 005 BL 001 FOX HOLLOW FOURTH ADDITIO
25-2780060 HANSEN 6450 PLEASANT VIEW CIR LOT 006 BL 001 FOX HOLLOW FOURTH ADDITIO
25-3920010 MACK 7320 KURVERS POINT RD LOT 001 BL 001 KURVERS POINT
25-3920020 STRAND LOT 002 BL 001 KURVERS POINT
25-3920030 VATLAND 7290 KURVERS POINT RD LOT 001 BL 002 KURVERS POINT
25-3920040 MACLEAN 7280 KURVERS POINT RD LOT 002 BL 002 KURVERS POINT
25-3920050 KURVERS 7240 KURVERS POINT RD LOT 001 BL 003 KURVERS POINT
25-3920060 KURVERS 7220 CHANHASSEN RD LOT 002 BL 003 KURVERS POINT
25-3920070 MESTITZ 7200 WILLOW VIEW CV LOT 003 BL 003 KURVERS POINT
25-3920100 ARENS 7140 WILLOW VIEW CV LOT 006 BL 003 KURVERS POINT
25-3920110 WAGENAAR 7130 WILLOW VIEW CV LOT 007 BL 003 KURVERS POINT
25-3920120 JOHNSON 7120 WILLOW VIEW CV LOT 008 BL 003 KURVERS POINT
25-3920130 ALTAF 7131 WILLOW VIEW CV LOT 009 BL 003 KURVERS POINT
25-3920140 BROUGHTON 7151 WILLOW VIEW CV LOT 010 BL 003 KURVERS POINT
25-3920150 CARLSON 7271 KURVERS POINT RD LOT 001 BL 004 KURVERS POINT
25-3920160 PARR 71 TWIN MAPLE LN LOT 002 BL 004 KURVERS POINT
25-3920170 HARRINGTON 51 TWIN MAPLE LN LOT 003 BL 004 KURVERS POINT
25-3920180 ANTON 41 TWIN MAPLE LN LOT 004 BL 004 KURVERS POINT
25-3920190 BELL 21 TWIN MAPLE LN LOT 005 BL 004 KURVERS POINT
25-3920200 SENDER 20 TWIN MAPLE LN LOT 006 BL 004 KURVERS POINT
25-3920210 DINGMAN 40 TWIN MAPLE LN LOT 007 BL 004 KURVERS POINT
25-3920220 MYHRAN 60 TWIN MAPLE LN LOT 008 BL 004 KURVERS POINT
25-3920230 SPERDUTO 7261 KURVERS POINT RD LOT 009 BL 004 KURVERS POINT
25-3920240 BL YTH 7251 KURVERS POINT RD LOT 010 BL 004 KURVERS POINT
25-3920250 QUACKENBUSH 7241 KURVERS POINT RD LOT 011 BL 004 KURVERS POINT
~w PID
3920260
3920270
3920280
3920290
3920320
1930010
1930020
1930030
1930040
\930050
1930060
:930070
:930080
1930090
:930100
:930110
:930120
.930130
.930140
200010
200020
200030
200040
200050
200060
200070
200080
200090
200100
200110
200120
200130
200140
200150
200160
LAST NAME
HARBATH
KURVERS POINT H
CHANHASSEN
CHANHASSEN
KURVERS POINT H
BOERBOOM
HAINES
KURVERS ESTATE
APPLEGATE
RESNIK
SHOEMAKER
FOSSEY
MORTENSON
MENDEZ
BERG
GLATTLY
KALANQUIN
MCMILLAN
GOON
MURRAY
LANTTO
STEWART
MILLER
MORTON
WELCH
DRYKE
HECTORNE
WILLIAMS
WALSTON
COREY
LARSON
OGDAHL
TOMAICH
LANE
RIPLEY
HOUSE NO STREET LEGAL
7231 KURVERS POINT RD LOT 012 BL 004 KURVERS POINT
7221 KURVERS POINT RD LOT 013 BL 004 KURVERS POINT
KURVERS POINT OUTLOT A
KURVERS POINT OUTLOT B
KURVERS POINT OUTLOT E
BL 001 PIO LOTS 1 & 2 WHICH LIES NWL Y OF
7330
7340
7350
7360
7370
7380
7381
7371
7361
31
21
20
30
40
15
31
51
71
91
101
105
111
115
6811
6805
6801
6791
6781
6771
6761
KURVERS POINT RD
KURVERS POINT RD THAT PIO LOTS 1 & 2 BLK W THAT LIES SEL Y OF
KURVERS POINT RD LOT 003 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 004 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 005 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 006 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 007 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 008 BL 001 KURVERS POINT 2ND ADDITION
KURVERS POINT RD LOT 009 BL 001 KURVERS POINT 2ND ADDITION
BASSWOOD CIR LOT 010 BL 001 KURVERS POINT 2ND ADDITION
BASSWOOD CIR LOT 011 BL 001 KURVERS POINT 2ND ADDITION
BASSWOOD CIR LOT 012 BL 001 KURVERS POINT 2ND ADDITION
BASSWOOD CIR LOT 013 BL 001 KURVERS POINT 2ND ADDITION
BASSWOOD CIR LOT 014 BL 001 KURVERS POINT 2ND ADDITION
CHOCTAW CIR LOT 001 BL 001 LOTUS LAKE ESTATES AND PIO
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
CHOCTAW CIR
BRULE CIR
BRULE CIR
BRULE CIR
BRULE CIR
BRULE CIR
BRULE CIR
BRULE CIR
LOT 002 BL 001 LOTUS LAKE ESTATES
LOT 003 BL 001 LOTUS LAKE ESTATES
LOT 004 BL 001 LOTUS LAKE ESTATES
LOT005BL001 LOTUS LAKE ESTATES
LOT 006 BL 001 LOTUS LAKE ESTATES
LOT 007 BL 001 LOTUS LAKE ESTATES
LOT 008 BL 001 LOTUS LAKE ESTATES
LOT 009 BL 001 LOTUS LAKE ESTATES
LOT 001 BL 002 LOTUS LAKE ESTATES
LOT 002 BL 002 LOTUS LAKE ESTATES EXCEPT
LOT 003 BL 002 LOTUS LAKE ESTATES & PIO LOT
LOT 004 BL 002 LOTUS LAKE ESTATES
LOT 005 BL 002 LOTUS LAKE ESTATES
LOT 006 BL 002 LOTUS LAKE ESTATES
LOT 007 BL 002 LOTUS LAKE ESTATES
NEW PIO LAST NAME HOUSE NO STREET LEGAL
25-4200170 TOMLINSON 6751 BRULE CIR LOT 008 BL 002 LOTUS LAKE EST A TES
25-4200180 PIERSON 6750 BRULE CIR LOT 009 BL 002 LOTUS LAKE EST A TES
25-4200190 NOLAN 6760 BRULE CIR LOT 010 BL 002 LOTUS LAKE ESTATES
25-4200200 HALLAU 6770 BRULE CIR LOT 011 BL 002 LOTUS LAKE EST A TES
25-4200210 GOLDEN 6780 BRULE CIR LOT 012 BL 002 LOTUS LAKE EST A TES
25-4200220 LAVANGER 6790 BRULE CIR LOT013 BL002 LOTUS LAKE ESTATES
25-4200230 GASSMAN 6800 BRULE CIR LOT 014 BL 002 LOTUS LAKE ESTATES
25-4200240 DRAGSTEN 30 CHOCTAW CIR LOT 015 BL 002 LOTUS LAKE ESTATES
25-4200250 LAUBY 50 CHOCTAW CIR LOT 016 BL 002 LOTUS LAKE ESTATES
25-4200260 TROY 70 CHOCTAW CIR LOT 017 BL 002 LOTUS LAKE ESTATES
25-4200270 PETERS 90 CHOCTAW CIR LOT 018 BL 002 LOTUS LAKE ESTATES
25-4200280 KELLY 100 CHOCTAW CIR LOT 019 BL 002 LOTUS LAKE ESTATES
25-4200290 HILLlUS 110 CHOCTAW CIR LOT 020 BL 002 LOTUS LAKE ESTATES
25-4200300 HYACK 120 CHOCTAW CIR LOT 021 BL 002 LOTUS LAKE ESTATES
25-4200310 SANTANA 130 CHOCTAW CIR LOT 022 BL 002 LOTUS LAKE ESTATES
25-4200320 L1BSON 140 CHOCTAW CIR LOT 023 BL 002 LOTUS LAKE ESTATES
25-4200330 HOFFNER 150 CHOCTAW CIR LOT 024 BL 002 LOTUS LAKE ESTATES
25-4200340 KAHNKE 154 CHOCTAW CIR LOT 025 BL 002 LOTUS LAKE ESTATES
25-4200350 FREIENMUTH 160 CHOCTAW CIR LOT 026 BL 002 LOTUS LAKE ESTATES
25-4200360 LANGER 161 CHOCTAW CIR LOT 027 BL 002 LOTUS LAKE ESTATES
25-4200370 SHIMP 155 CHOCTAW CIR LOT 028 BL 002 LOTUS LAKE ESTATES
25-4200380 JOHN 151 CHOCTAW CIR LOT 029 BL 002 LOTUS LAKE ESTATES
25-4200390 WEBER 145 CHOCTAW CIR LOT 030 BL 002 LOTUS LAKE EST A TES
25-4200400 BUCHANAN 141 CHOCTAW CIR LOT 031 BL 002 LOTUS LAKE ESTATES
25-4200410 PEROUTKA 135 CHOCTAW CIR LOT 032 BL 002 LOTUS LAKE ESTATES
25-4200420 SWANSON 131 CHOCTAW CIR LOT 033 BL 002 LOTUS LAKE ESTATES
25-4200430 RANDALL 125 CHOCTAW CIR LOT 034 BL 002 LOTUS LAKE ESTATES
25-4200440 LACEY 121 CHOCTAW CIR LOT 035 BL 002 LOTUS LAKE ESTATES
25-4200450 MURRAY LOTUS LAKE ESTATES OUTLOT A EXC THAT PI'
____ __ __a&._ ____ ___..____ -- -
25-4200460 B-T LAND COMPAN OUTLOT B EXC THE FOLLOWING' COMM AT
-- -.. - --.. . - - -. -- - - ..-
25-4600010 SWENSON 35 PLEASANT VIEW RD LOT 001 BL 001 METZIG ADDITION
25-4600020 ROBINSON 25 PLEASANT VIEW RD LOT 002 BL 001 METZIG ADDITION
25-4600030 THEIS 6400 CHANHASSEN RD LOT 003 BL 001 METZIG ADDITION
25-5500040 HAAS 98 CASCADE CIR LOT 001 BL 002 NEAR MOUNTAIN
25-5500050 EICKMEYER 96 CASCADE CIR LOT 002 BL 002 NEAR MOUNTAIN
EW pro LAST NAME HOUSE NO STREET LEGAL
5500060 GRIGSBY 94 CASCADE CIR LOT 003 BL 002 NEAR MOUNTAIN
5500070 HENNESSEY 92 CASCADE CIR LOT 004 BL 002 NEAR MOUNTAIN
5500080 RASKOB 90 CASCADE CIR LOT 005 BL 002 NEAR MOUNTAIN
5500090 RUTZ 88 CASCADE CIR LOT 006 BL 002 NEAR MOUNTAIN
5500100 NAGLE 86 CASCADE CIR LOT 007 BL 002 NEAR MOUNTAIN
5500110 BERARD 87 CASCADE CIR LOT 008 BL 002 NEAR MOUNTAIN
5500120 PEREMSKY 89 CASCADE CIR LOT 009 BL 002 NEAR MOUNTAIN
5500130 BENNETT 91 CASCADE CIR LOT 010 BL 002 NEAR MOUNTAIN
5500140 BUTTERBAUGH 93 CASCADE CIR LOT 011 BL 002 NEAR MOUNTAIN
5500150 PETSINGER 95 CASCADE CIR LOT 012 BL 002 NEAR MOUNTAIN
5500160 OLSON 97 CASCADE CIR LOT 013 BL 002 NEAR MOUNTAIN
5500170 REESE 96 SHASTA CIR E LOT 014 BL 002 NEAR MOUNTAIN
5500180 HAWKINSON 94 SHASTA CIR E LOT 015 BL 002 NEAR MOUNTAIN
5500190 HACKENMILLER 92 SHASTA CIR E LOT 016 BL 002 NEAR MOUNTAIN
5500200 GILFILLAN 90 SHASTA CIR E LOT 017 BL 002 NEAR MOUNTAIN
;500210 SMITH 88 SHASTA CIR E LOT 018 BL 002 NEAR MOUNTAIN
;500220 WALWORTH 91 SHASTA CIR E LOT 019 BL 002 NEAR MOUNTAIN
;500230 COMMERFORD 93 SHASTA CIR E LOT 020 BL 002 NEAR MOUNTAIN
;500240 STRAND 95 SHASTA CIR E LOT 021 BL 002 NEAR MOUNTAIN
;500250 NA VICKAS 97 SHASTA CIR E LOT 022 BL 002 NEAR MOUNTAIN
;500260 FRANK 96 OLYMPIC CIR LOT 023 BL 002 NEAR MOUNTAIN
)500270 AFFLlTTO 94 OLYMPIC CIR LOT 024 BL 002 NEAR MOUNTAIN
;500280 HARMS 92 OLYMPIC CIR LOT 025 BL 002 NEAR MOUNTAIN
)500290 LATOUR 90 OLYMPIC CIR LOT 026 BL 002 NEAR MOUNTAIN
)500300 MCDONALD 88 OLYMPIC CIR LOT 027 BL 002 NEAR MOUNTAIN
)500310 HARRIS 91 OLYMPIC CIR LOT 028 BL 002 NEAR MOUNTAIN
;500320 MEIER 93 OLYMPIC CIR LOT 029 BL 002 NEAR MOUNTAIN
)500330 FOSTER 95 OLYMPIC CIR LOT 030 BL 002 NEAR MOUNTAIN
;500340 TRITCH 97 OLYMPIC CIR LOT 031 BL 002 NEAR MOUNTAIN
)500370 ASCHENBECK 100 SHASTA CIR W LOT 002 BL 004 NEAR MOUNTAIN
;500400 TAYLOR 130 SHASTA CIR W LOT 005 BL 004 NEAR MOUNTAIN
)500410 MOORE 121 SHASTA CIR W LOT 006 BL 004 NEAR MOUNTAIN
)500420 HANSON 111 SHASTA CIR W LOT 007 BL 004 NEAR MOUNTAIN
.500430 DUPUIS 101 SHASTA CIR W LOT 008 BL 004 NEAR MOUNTAIN
.500440 DAUWAL TER 6300 CASTLE RDG LOT 009 BL 004 NEAR MOUNTAIN
NEW PID LAST NAME HOUSE NO STREET LEGAL
25-5500450 YEAGER 6310 CASTLE RDG LOT 010 BL 004 NEAR MOUNTAIN
25-5500460 MYHRE 6320 CASTLE RDG LOT 011 BL 004 NEAR MOUNTAIN
25-5500470 STALLMAN 6225 CASCADE PASS LOT 012 BL 004 NEAR MOUNTAIN
25-5570010 SAILOR 6430 PLEASANT PARK DR LOT 001 BL 001 NORTH LOTUS LAKE 1 ST
- --.-.--
25-5570020 ABBOTT 6420 PLEASANT PARK DR LOT 002 BL 001 NORTH LOTUS LAKE 1 ST
. --.-.-.
25-5570030 NAROG 6410 PLEASANT PARK DR LOT 003 BL 001 NORTH LOTUS LAKE 1 ST
- --.-.--
25-5570040 ERWIN 6400 PLEASANT PARK DR LOT 004 BL 001 NORTH LOTUS LAKE 1 ST
- __._0_'
25-5570050 BERDAHL 6411 PLEASANT PARK DR LOT 005 BL 001 NORTH LOTUS LAKE 1 ST
. - - .-.--
25-5570060 ANDERSON 205 PLEASANT VIEW RD LOT 006 BL 001 NORTH LOTUS LAKE 1 ST
. --.-.-.
25-5570070 THORSON 6421 PLEASANT PARK DR LOT 007 BL 001 NORTH LOTUS LAKE 1 ST
- --.----
25-5570080 ARDITO 6431 PLEASANT PARK DR LOT 008 BL 001 NORTH LOTUS LAKE 1 ST
- -- .-.--
25-5570090 RING 6441 PLEASANT PARK DR LOT 009 BL 001 NORTH LOTUS LAKE 1 ST
. --.-.-.
25-5570100 GROSCHEN 6451 PLEASANT PARK DR LOT 010 BL 001 NORTH LOTUS LAKE 1 ST
- __0_---
25-5570110 SAXTON 240 FOX HOLLOW DR LOT 011 BL 001 NORTH LOTUS LAKE 1 ST
. -- .-.-.
25-5570120 PETERSON 220 FOX HOLLOW DR LOT 012 BL 001 NORTH LOTUS LAKE 1 ST
25-6950010 SENN 7160 WILLOW VIEW CV REG LAND SURVEY #109 TRACT A
25-6950020 WESTENBERG 7150 WILLOW VIEW CV REG LAND SURVEY #109 TRACT B
25-8000010 WHITING 51 HILL ST LOT 001 BL 001 SOUTH LOTUS LAKE ADDITION
25-8000020 THOMPSON 41 HILL ST LOT 002 BL 001 SOUTH LOTUS LAKE ADDITION
25-8000030 KIRT 50 HILL ST LOT 001 BL 002 SOUTH LOTUS LAKE ADDITION
25-8000040 KUSSARD 7604 SOUTH SHORE DR LOT 002 BL 002 SOUTH LOTUS LAKE ADDITION
25-8000050 AMUNDSON 7608 SOUTH SHORE DR LOT 003 BL 002 SOUTH LOTUS LAKE ADDITION
25-8000060 ASKELAND 7614 SOUTH SHORE DR SOUTH LOTUS LAKE ADDITION BL 003 LOT 1 I
25-8000080 CASTENS 7605 ERIE AVE LOT 001 BL 004 SOUTH LOTUS LAKE ADDITION
25-8000090 RAIDT 7603 ERIE AVE LOT 002 BL 004 SOUTH LOTUS LAKE ADDITION
25-80001 00 BUCK 7601 ERIE AVE LOT 003 BL 004 SOUTH LOTUS LAKE ADDITION
25-8000110 REVSBECK 7591 ERIE AVE LOT 004 BL 004 SOUTH LOTUS LAKE ADDITION
25-8000120 HUBERT 7561 ERIE AVE LOT 005 BL 004 SOUTH LOTUS LAKE ADDITION
25-8000130 BOYUM 7531 ERIE AVE LOT 006 BL 004 SOUTH LOTUS LAKE ADDITIOt\
25-8000140 LYNK 7501 ERIE AVE BL 004 LOT 7 EXC: THAT WHICH LIES NWL Y
. - - -- - . - - - - ... - - -. - ---
25-8000150 CHANHASSEN SOUTH LOTUS LAKE ADDITION OUTLOT A
25-8000160 CHANHASSEN SOUTH LOTUS LAKE ADDITION OUTLOT B
25-8000190 CHANHASSEN SOUTH LOTUS LAKE ADDITION OUTLOT E
25-8010010 STREETER 7675 SOUTH SHORE DR LOT 001 BL 001 SOUTH LOTUS LAKE 2ND
- - - .-- -.
25-8010020 PORTER 201 SOUTH SHORE CT LOT 002 BL 001 SOUTH LOTUS LAKE 2ND
. --.-.--
:w PID LAST NAME HOUSE NO STREET LEGAL
010030 HOST 191 SOUTH SHORE CT LOT 003 BL 001 SOUTH LOTUS LAKE 2ND
- - - .-.-.
010040 WORKMAN 181 SOUTH SHORE CT LOT 004 BL 001 SOUTH LOTUS LAKE 2ND
. - - ._.-.
010050 KNIGHT 171 SOUTH SHORE CT LOT 005 BL 001 SOUTH LOTUS LAKE 2ND
- --.-.-.
010060 NELSON 161 SOUTH SHORE CT LOT 006 BL 001 SOUTH LOTUS LAKE 2ND
. --.-.-.
010070 UTESCHILL 151 SOUTH SHORE CT LOT 007 BL 001 SOUTH LOTUS LAKE 2ND
- -- .-.-.
010080 WAGNER 141 SOUTH SHORE CT LOT 008 BL 001 SOUTH LOTUS LAKE 2ND
- --.-.-.
010090 FELLMAN 131 SOUTH SHORE CT LOT 009 BL 001 SOUTH LOTUS LAKE 2ND
. -- .-.--
010100 DONATO 120 SOUTH SHORE CT LOT 010 BL 001 SOUTH LOTUS LAKE 2ND
- - .-- -.
010110 LAPPEN 140 SOUTH SHORE CT LOT 011 BL 001 SOUTH LOTUS LAKE 2ND
. --.-.-
010120 PERKINS 160 SOUTH SHORE CT LOT 012 BL 001 SOUTH LOTUS LAKE 2ND
- - - .-.-.
010130 MCSHANE 180 SOUTH SHORE CT LOT 013 BL 001 SOUTH LOTUS LAKE 2ND
. --.-.-.
010140 GLEMKOWSKI 200 SOUTH SHORE CT LOT014BL001 SOUTH LOTUS LAKE 2ND
. - - .-.--
010150 BUNN 7676 SOUTH SHORE DR LOT 001 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.--
010160 THUNE 7672 SOUTH SHORE DR LOT 002 BL 002 SOUTH LOTUS LAKE 2ND
. --.-.-.
010170 HAMERSKI 7668 SOUTH SHORE DR LOT 003 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.-
010180 PFANKUCH 7664 SOUTH SHORE DR LOT 004 BL 002 SOUTH LOTUS LAKE 2ND
- -- .-.-.
010190 OTOLSKI 7660 SOUTH SHORE DR LOT 005 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-. -.
010200 CREES 7656 SOUTH SHORE DR LOT006BL002S0UTHLOTUSLAKE2ND
. - - .-.-.
010210 NEUHARTH 7652 SOUTH SHORE DR LOT 007 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.-.
010220 RYAN 7648 SOUTH SHORE DR LOT 008 BL 002 SOUTH LOTUS LAKE 2ND
. -- .-.-
010230 POTTER 7644 SOUTH SHORE DR LOT009BL002S0UTHLOTUSLAKE2ND
. - - .-'--
010240 DEVINE 7640 SOUTH SHORE DR LOT 010 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.-
010250 DENNY 7636 SOUTH SHORE DR LOT 011 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.--
010260 HENRY 7632 SOUTH SHORE DR LOT 012 BL 002 SOUTH LOTUS LAKE 2ND
- - - .-.-.
010270 LEBRUN 7628 SOUTH SHORE DR LOT 013 BL 002 SOUTH LOTUS LAKE 2ND
. - - .-.-. . -.- --
010300 FLETCHER 7616 SOUTH SHORE DR LOT 016 BL 002 SOUTH LOTUS LAKE 2ND
- - -.-.-- -- -- - -
020020 TYSK 7773 SOUTH SHORE DR LOT 002 BL 001 SOUTH LOTUS VILLAS
020030 DAVENPORT 7767 SOUTH SHORE DR LOT 003 BL 001 SOUTH LOTUS VILLAS
020040 MADSON 7749 SOUTH SHORE DR LOT 004 BL 001 SOUTH LOTUS VILLAS
020050 BARGE 7755 SOUTH SHORE DR LOT 005 BL 001 SOUTH LOTUS VILLAS
020060 SCHUMACHER 7761 SOUTH SHORE DR LOT 006 BL 001 SOUTH LOTUS VILLAS
020070 MIETTINEN 7743 SOUTH SHORE DR LOT 007 BL 001 SOUTH LOTUS VILLAS
020080 HAGEN 7737 SOUTH SHORE DR LOT 008 BL 001 SOUTH LOTUS VILLAS
020090 HELLING 7731 SOUTH SHORE DR LOT 009 BL 001 SOUTH LOTUS VILLAS
020100 KIRK 7725 SOUTH SHORE DR LOT 010 BL 001 SOUTH LOTUS VILLAS
NEW PIO LAST NAME HOUSE NO STREET LEGAL
25-8020110 HILL 7701 SOUTH SHORE DR LOT 011 BL 001 SOUTH LOTUS VILLAS
25-80201 20 BISSONNETTE 7707 SOUTH SHORE DR LOT 012 BL 001 SOUTH LOTUS VILLAS
25-8020130 STERN 7713 SOUTH SHORE DR LOT 013 BL 001 SOUTH LOTUS VILLAS
25-8020140 FEIST 7719 SOUTH SHORE DR LOT 014 BL 001 SOUTH LOTUS VILLAS
25-8020150 SOUTH LOTUS VIL LOT 015 BL 001 SOUTH LOTUS VILLAS
25-8400010 OELSCHLAGER 7410 CHANHASSEN RD LOT 001 BL 001 SUNSET VIEW
25-8400020 WETTERLlN 7420 CHANHASSEN RD LOT 002 BL 001 SUNSET VIEW & 3 BLK 1
25-8400030 RAYMOND 7440 CHANHASSEN RD LOT 004 BL 001 SUNSET VIEW
25-8400040 MCHUGH 7450 CHANHASSEN RD LOT 005 BL 001 SUNSET VIEW
25-8400050 MON 7470 CHANHASSEN RD LOT 006 BL 001 SUNSET VIEW & 7 BLK 1
25-8400060 PARKER 7480 CHANHASSEN RD LOT 008 BL 001 SUNSET VIEW
25-8400070 BORNS 7490 CHANHASSEN RD LOT 009 BL 001 SUNSET VIEW
25-8400080 TESLER 7500 CHANHASSEN RD LOT 010 BL 001 SUNSET VIEW
25-8400090 LINDSLEY 7510 CHANHASSEN RD LOT 011 BL 001 SUNSET VIEW
25-8400100 POWERS 20 HILL ST LOT 012 BL 001 SUNSET VIEW
25-8400110 SEGNER 30 HILL ST LOT 013 BL 001 SUNSET VIEW
25-8400120 MELBY 40 HILL ST LOT 014 BL 001 SUNSET VIEW
25-8400130 WEA VER 31 HILL ST SUNSET VIEW BLK 2
25-8570010 SANTOS 251 TRAPPERS PASS LOT 001 BL 001 TRAPPERS PASS AT NEAR
-.- . ._- .
25-8570020 CASPER 291 TRAPPERS PASS LOT 002 BL 001 TRAPPERS PASS AT NEAR
-.- ..--.
25-8570030 VELANDER 301 TRAPPERS PASS LOT 003 BL 001 TRAPPERS PASS AT NEAR
..- .. .-- .
25-8570040 NEER 321 TRAPPERS PASS LOT 004 BL 001 TRAPPERS PASS AT NEAR
25-8570050 SIMPSON 341 TRAPPERS PASS LOT 005 BL 001 TRAPPERS PASS AT NEAR
..- . .-- .
25-8570060 PETERSON 361 TRAPPERS PASS LOT 006 BL 001 TRAPPERS PASS AT NEAR
-.- . ._- .
25-8570070 VIDAS 381 TRAPPERS PASS LOT 007 BL 001 TRAPPERS PASS AT NEAR
-.- ..--.
25-8570080 MCCONKEY 401 TRAPPERS PASS LOT 008 BL 001 TRAPPERS PASS AT NEAR
-.- ...-- -
25-8570090 HELLER 300 TRAPPERS PASS LOT 001 BL 002 TRAPPERS PASS AT NEAR
-'- ..--...
25-8570100 GOODMAN 340 TRAPPERS PASS LOT 002 BL 002 TRAPPERS PASS AT NEAR
..- ...-- .
25-8570110 LENAHAN 6301 TRAPLlNE CIR LOT 003 BL 002 TRAPPERS PASS AT NEAR
. -- ..--.
25-8570120 SCHMELING 6311 TRAPLlNE CIR LOT 004 BL 002 TRAPPERS PASS AT NEAR
..- ...-...
25-8570130 BOGEN 6321 TRAPLlNE CIR LOT 005 BL 002 TRAPPERS PASS AT NEAR
-.- .. .--..
25-8570140 ROSEN 6331 TRAPLlNE CIR LOT 006 BL 002 TRAPPERS PASS AT NEAR
..- . .-. -
25-8570150 MANDRELL 6340 TRAPLlNE CIR LOT 007 BL 002 TRAPPERS PASS AT NEAR
- -- - .-- .
25-8570160 HENDERSON 6330 TRAPLlNE CIR LOT 008 BL 002 TRAPPERS PASS AT NEAR
25-8570170 ROWELL 6320 TRAPLlNE CIR LOT 009 BL 002 TRAPPERS PASS AT NEAR
-.- .. .-- .
:w PIO LAST NAME HOUSE NO STREET LEGAL
570180 MAGNUSON 250 TRAPPERS PASS LOT 001 BL 003 TRAPPERS PASS AT NEAR
.- . .-- .
570190 COOK 290 TRAPPERS PASS LOT 002 BL 003 TRAPPERS PASS AT NEAR
..- .._"
580010 LOOMIS 6301 OXBOW BND LOT 001 BL 001 TRAPPERS PASS AT NEAR MTN
580020 SCHWABE 6311 OXBOW BND LOT 002 BL 001 TRAPPERS PASS AT NEAR MTN
580030 SWEDLUND 6300 OXBOW BND LOT 001 BL 002 TRAPPERS PASS AT NEAR MTN
580040 ERMAN IS 6310 OXBOW BND LOT 002 BL 002 TRAPPERS PASS AT NEAR MTN
580050 STOKVIS 6320 OXBOW BND LOT 003 BL 002 TRAPPERS PASS AT NEAR MTN
580060 FEHRENBACH 421 TRAPLlNE LN LOT 001 BL 003 TRAPPERS PASS AT NEAR MTN
640010 JOHANNECK 6330 OXBOW BND LOT 001 BL 001 TRAPPERS PASS AT NEAR MTN
640020 WEST 6340 OXBOW BND LOT 002 BL 001 TRAPPERS PASS AT NEAR MTN
640030 STAFFORD 6350 OXBOW BND LOT 003 BL 001 TRAPPERS PASS AT NEAR MTN
640040 STIRLEN 310 TIMBER HILL RD LOT 001 BL 002 TRAPPERS PASS AT NEAR MTN
640050 VOELKER 300 TIMBER HILL RD LOT 002 BL 002 TRAPPERS PASS AT NEAR MTN
540060 KOSMOSKI 6331 OXBOW BND LOT 001 BL 003 TRAPPERS PASS AT NEAR MTN
340070 DITMORE 311 TIMBER HILL RD LOT 002 BL 003 TRAPPERS PASS AT NEAR MTN
340080 CLANCY 301 TIMBER HILL RD LOT 003 BL 003 TRAPPERS PASS AT NEAR MTN
340090 STONE 291 TIMBER HILL RD LOT 004 BL 003 TRAPPERS PASS AT NEAR MTN
350130 LOVING 6341 OXBOW BND LOT 001 BL 003 TRAPPERS PASS AT NEAR MTN
--
City Council Work Sessions -':'1997
June 30 . City Council meets with Jim Brimeyer (1 hr.) 5:30-6:30 p.m.
5:30 p.m. . City Council and City Manager meet for a 6:30-7:30 p.m.
Courtyard Conference Room performance review with Jim Brimeyer (1 hr.)
July 7 . Peter Olin and staff to give us a presentation. 5:30 - 6:30 p.m.
5:30 p.m. . Mike Gorra on golf course. 6:30 - 7:00 p.m.
At the Arboretum . Meet with Senior Commission regarding 7:00 - 8:00 p.m.
(this location has not goals. 8:00 - 9:00 p.m.
been confirmed yet) . Analysis of tax exempt and public lands
July 21 . Fire Department and City Council get together 4:30 - 5:30 p.m.
5:30 p.m. (at the fire station).
Courtyard Conference Room . Executive Session: Oak Hill Townhouse Assn. 5:30 - 6:00 p.m.
. Discussion Regarding NLC Conference 6:00 - 6: 15 p.m.
. Metropolitan Council Local Planning 6: 15 - 6:30 p.m.
Assistance Grant.
August 4 . Strategic Planning:
5:30 p.m. - MUSA
Courtyard Conference Room . Board of Review Process
. Highway 7 Access Closures, MnDOT
August 18 . Carver County Library, Jill Shipley 5:30 - 6:15 p.m.
5:30 p.m. . 1996 Audit Report
Courtyard Conference Room . Strategic Planning:
- MUSA
September 15 . School District 112 Referendum Update, 5:00-6:00 p.m.
5:00 p.m. Dave Clough and Dave Peterson
Courtyard Conference Room . Tnax Cablevision, Brian Grogan (our 6'00-7:00 p.m.
attorney)
. 1998 Budget: 7:00-8:00 p.m.
- Park & Recreation Dept.
September 29 . Request for Funding, CCHA Hockey Assn.
5:30 p.m. . Reconsider Water Quality Project, Holly Lane
Courtyard Conference Room . 1998 Budget:
- Planning Department
- Public Safety Department
- Administration
October 6 . 1998 Budget:
5:30 p.m. - Public Works
PUBLIC WORKS - MIS Department
BUILDING - Special Revenues & General Revenue
October 9,1997 . 1998 Budget
5:30 p.m. - Special Revenues & General Revenues
Planning Conference Room . Review Dist. 112 Endorsement Statement
. Review Chaska Community Hockey Assoc.
Public Statement
. Review Relevant Information Regarding
AcquiSItIon of Outlot H, Villages on the Ponds
October 20
5:30 p.m.
Courtyard Conference Room
November 3
5:30 p.m.
Courtyard Conference Room
November 17
5:30 p.m.
Courtyard Conference Room
December 1
5:30 p.m.
Courtyard Conference Room
December 2
5:30 p.m.
Ci Coullcil Chambers
December 15
5:30 p.m.
Courtyard COil erellce Room
December 29
5:30 p.m.
Cour ard COil erellce Room
. 1998 Budget: / --.-----
- Prioritize Requests StrategicJ>lan ~
- Capital Projects from epartments
. Affordable Housing
. MUSA Lme
. 1998 Budget:
- Present Balanced Budget & Strateg
, ~
\, .~,._...-.r'''''''''''''
. RFP for Fmancial Advisors
. Proposed Truth in Taxation Hearing
. Proposed Contmuation of Truth m Taxation
Hearing and Adoption of 1998 Budget
* The time allotment is a "best guess" of how much time will be required to discuss the item.
More or less time will be allotted as necessary.
g: \uscrlkaren ,t) 7 workscssions.doc
Items to schedule:
. Code of Ethics.
. Park & Recreation Items to be scheduled after the referendum vote:
. Park & Recreation Commission Long and Short Range Goals
. Park Acquisition and Development Five Year Capital Improvement Program
. Funding Sources for Park, Open Space, and Trail Initiatives
. The Chanhassen Senior Center-The Challenges Presented by the Promise of
Congregate Dining
. Replacement of Lake Ann Park Entrance Road and Parking Lot Infrastructure
. February Festival
. Update on Water Resources Projects, Phillip Elkin
. Local Sales Tax/Franchise Fees - Position papers by Mark Senn and Don Ashworth
. Strategic Planning
. Southwest Metro Transit
. Environmental Commission Update
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
/1) ~,
(' J
Y-A'
,.1
I ["
t.
f-:;' ,? "
;,-" --
September 26, 1997
Mr. John Bader
Ren Souare t~d Floor
"
414 Nicollet Mall
Minneapolis, MN 55401
Re: Request for Data Base Files for NSP
Dear Mr. Bader:
This letter is to confirm our conversation yesterday regarding the release of our data base files.
The CIty of Chanhassen agrees to sell NSP a copy of our data base files for $450 per megabyte.
The data base includes the following files and size of each:
File
Size
Total
1,342 kbytes
13 kbytes
36 kbytes
3,401 kbytes
47 kbytes
8,360 kbytes
11,882 kbytes
124 kbytes
128 kbytes
25,455 kbytes or 25.455 mbytes
info
mastertic
qtrsec
roads
secline
tax_parcel
wetlands
lakes
parks
I f you agree with this infonnation, I would request you submit a check to the City of Chanhassen
for 511,454.75 (25.455 mbytes x $450.00 = $11,454.75) and we will release the files in the
format you requested.
Mr. John Bader
September 26, 1997
Page 2
I f you have any questions, please do not hesitate to call me at 937-1900 ext. 119.
5:.il erely, ~
_' / _ // .f C .
'--- (1-k ~ '-V_L~ 1-
Todd Gerhardt
Assistant CIty Manager
TG:v
c: Don Ashworth, City Manager
Joleen Devens, GIS Specialist
Rick Rice, MIS Coordinator
Pam Snell, FlI1ance Director
PUBLIC 'VOl~l(S DEPA..RTI\1ENT
Can cr Count:, GO\'i.?rnmcnt Center ~/wlr!
Adi11:i1;~tr:\liO!l Budding ,//r,'7' fr:,
600 Ea:->[ f(ll!rth Street
C,.j;=
61"7 h..;D~",/
;:;;~
Tbo'd ;f
hh/~
.\J;:~:l!: <~
-
C.\RVER
COUj\;TY
P~:r:...:,
1 "..':-" ~ ~
C"h-.l.)kl,t, ~\I~nrL'.~:"yt:1 553] ~-21 92
,'J ~; :.." i. i ~ ~'
Phone (61:2> 36i-1UL) ;;'.l\ (()]2) 361-1025
September 8, 1997
, (, 2-
of., --' ~,.'
v.-/'
~~
e-c -r/~
Don Ashworth
Chanhassen City Administrator
690 Coulter Drive
Chanhassen, MN 55317
Re Carver County Transportation Study - Initial Input Meetings
Dear Mr Ashworth'
Carver County is in the process of updating its Comprehensive Plan. A key component of the
Comprehensive Plan is transportation Carver County will complete a Transportation Study in
partnership with the Minnesota Department of Transportation (Mn/DOT) and with assistance from
SRF Consulting Group, Inc during the next 12 months as part of the Comprehensive Plan updating
process
The Transportation Study will include an estimate of the traffic growth in Carver County over the
next twenty years and will recommend a transportation system that addresses growth problems
and issues The study will also address a number of current transportation needs. The study
analysis and recommendations will include all modes of transportation' highway, rail, transit,
pedestrian and bicycle. It will also include transportation system and demand management
recommendations.
To ensure that important problems and needs are addressed in the study, the County has planned
2n extensive public participation process The first step in this process is to meet wiih
representatives from cities, townships, school districts, emergency services, trucking interests,
agricultural interests, businesses, industries, and others
We believe your agency, association, group, or business can assist us in identifying
important transportation issues through direct input into the study. We want you to help
us identify transportation issues and problems, and we want you to suggest solutions.
To gain your input, I am inviting you or your designated representative(s) to meet with me
and the project consultant In the Public Works Conference Room #2 at the time stated on
the attached schedule. If you are unable to meet at the designated time, please call Carver
County Public Works (Oonna) at 361-1010. We will try to accommodate your schedule.
Carver County Transportation Study letter
September 8, 1997
Page 2
An initial list of transportation topics to be considered as part of the study includes:
* Safety problem areas (high accident locations)
* Highway, road or street capacity deficiencies (congestion problems)
* Design deficiencies (substandard curves, sight-distance problems)
* Access problems
* Jurisdictional issues
* Bicycle and pedestrian issues
* Transit issues
* Weight restrictions, clearance restrictions
* Shipping / transportation economic issues
This list may be of assistance to you in preparing for our meeting and for identifying others from your
agency, association, group, or business who should attend our meeting to help in identifying a more
complete list of transportation topics and issues.
We will also be asking you or your representative(s) to help us identify growth areas, land use changes
and development issues that need to be recognized in terms of providing transportation services or
accommodating demand Please bring any available information concerning these topics to our meeting.
After the input from these initial small group meetings has been analyzed, there will be additional public
meetings to discuss the conclusions and the preliminary transportation study recommendations.
I urge you to take the time to meet with us and share your transportation perspectives with us. Your input
will assist us address the transportation issues facing Carver County and will contribute to the development
of a Transportation Study that reflects a broad cross-section of transportation views and opinions.
~Incerel
, ~~ ( / /7,
C'%~"b'-L-'
\.- '- j"~'
Rog'er M Gustafson,~. E.
County Engineer
Enclosures
Meeting Schedule
Location Map
Septem ber 23
7:00 am
8.00 am
9:00 am
10.00 am
11:00am
Group R
Group A
Group B
Group C
Group D
CARVER COUNTY
TRANSPORTATION STUDY
SMALL GROUP MEETINGS
Large Employers (Young America Corp, Fluoroware, Ermak, & Lake Region)
Watertown Township and City of Watertown
Dahlgren Township, San Francisco Township & City of Carver
Benton Township, Hancock Township & City of Cologne
Camden Township, Hollywood Township & Waconia Township
1.00 pm Group V Carver County Board of Commissioners
2.00 pm Group E Chaska Township & City of Chaska
3.00 pm Group F __L_c;Lk..eJ9wn Township & City of Waconia
5'Je~ Group ~ City of Chanhas~
-------- -----------
.----
// 6.00 pm Group H City of Victoria
/ 7:00 pm Group I City of Mayer & City of New Germany
! 8:00 pm Group J City of Hamburg, City of Norwood/Y A &,Y A Township
I
,
September 24
7:00 am
8:00 am
9:00 am
10:00 am
11:00am
j
\
I
I
I
\ 1.00 pm
\.
-).2.00 pm
3 00 pm
4:00 pm
5.00 pm
Group K
Group L
Group M
Group N
Group Q
Group T
Group 0
Group P
Group S
Group U
Southwest Corridor Transportation Coalition
Public Safety (County Sheriff, State Patrol, Chanhassen & Chaska)
Trucking Interests (BFI, Mueller's, Quast, Chaska San., Kubasch & Aagard)
Transit (Southwest Metro, Metro Mobility, and Carver County Transportation)
School District Transportation (6 Districts)
Park & Rec. Interests (Hennepin Parks, City of Chaska Parks, City of Chan.
Parks, Arboretum, Bicycle Assoc., & SW Trails Snowmobile Assoc.)
-MnDOT-Metro-Division-&-Metropolitan-Got.mcil- C htv., ho..c.~~~
Railroad Companies (4) & MnDOT Rail Office
Hospitals/Ambulances (Ridgeview & S1. Francis)
Agricultural Interests (Mid County, United Sugars, & Bongards Creamery)
wp s h a red\comp pi a n \tra n s \s takho Id\meeting tms
4d>w1. s;.J-
CITY OF ee-~~
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 12, 1997
Mr. James Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shore\vood, MN 55331-8927
Dear Jim,
First, let me apologize for being so tardy in responding to your letter of August 28 regarding the probable
discontinuation of the animal control contract. In the light of your letter and that of Craig from
Excelsior, I am scheduling another meeting that you will be advised of to further discuss this. As I said,
we will not leave other cities totally high and dry, which is what we had hoped the advanced notice
\\ould give. However, I do understand your position.
Y Oll can look forward to receiving notification of the upcoming meeting shortly. Thank you, Jim.
~'
Scott Harr
Public Safety Director
SH:cd
pc: Mayor Mancino
Don Ashworth, City Manager
g. sat-':tylsh\hurm
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 19, 1997
Confirming Location Change
Ms. Kathleen O'Connell
McCombs Frank Roos ASSOCiates, Inc.
15050 23rd Avenue North
Plymouth, MN 55447
,
f
..--.11
I
. '
r ~
i";. ~ \.......
-{--
"--)'..,;
fJ .-~.7-
"! '.......i~ '._
.. .
'} ..
'{(i_~,1
Dear Ms. O'Connell:
Our reVIe\\' team has selected McCombs Frank Roos Associates, Inc. as one of three firms to be
IOterviewed as a potential consultant for our referendum related parks project. Your appointment has
been scheduled for 9:30 a.m. on Thursday, September 25, 1997 at Chanhasscn City Hall, 690 Coulter
Dl"i, e.
Your firm will have 15 minutes to diSCUSS your qualifications, design and planning approaches, past
experience With s1l11llar public projects, project management expenence, and billing rates and
procedures In addition, please be prepared to disclose your proposed "not to exceed" consultant ke to
complete the work described in our Request for Qualifications.
Following your remarks, we would like to engage 111 a 30 minute question and answer sessIon. Any
follow-up llucstlOns andlor negotiatIons are proposed to be carried out by phone followmg the mitIaI
IOtervlew. A recommendation to enter lI1to a sen Ice contract with our selected nrm wIll be forwarded to
the City CouncIl no later than October 13, 1997
We look forward to seell1g you on the 25th.
Sincerely,
--~,~
- /...v6:z /
/ (~ -
Todd Hoffman
Park & Recreation Director
TH:k
c. Mayor and CIty Council
ReView Team Members
Don Ashworth, City Manager
Todd Gerhardt, Assistant City Manager
g: I'~lrk rd\:r~11 rrqll1t~n'ic\\s.doc
C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 22, 1997
Dear Mr. Engelhardt:
~ ' ;J I~/
-15/1 t I , r:-I/,/III ~_
(. 1/1, IJ j' )
. C". '/ t . v .
/. ;A)f~ //'71' ~
/ I I ;. / / f'/
V U)~' //y/"
'7~v
Mr. William R. Engelhardt
Engelhardt & Associates
1107 Hazeltme Blvd, Suite 480
Chaska, MN 55318
Thank you for presenting your qualifications to provide professional services for the city's trail related
referendum projects. Our consultant review team met today to narrow the field of candidates.
Engelhardt & ASSOCiates was not selected as a finahst in our search. Our deciSIOn was based upon the
comb1l1ed analysis of each propos3l by five management level personnel. Ranking was based on total
points a\v2.rJed by the review team.
As presented in our initial request, the selectIOn critena was based on:
1.
2.
Professional Qualifications
Relevant Experience
Statement of DeSign Approach
15 points
40 pomts
15 pomts
3,
A chart 1l1dlcating the ranking of your proposal IS attached.
Again, thank you for respondmg to our mntation to submit a Statement of Qualifications. We \\ 111 not
heSitate to call on you again.
Smcerely,
------:~ .----------
/'< J/Ji
I (c-~
Todd Hoffman
Park & Recreation Director
./
c. Mayor and City Council
Review Team Members
Don Ashworth, City Manager
Todd Gerhardt, Assistant City Manager
g:pJrk'rdcrcl1 IhJl1ks.doc
Trails
Fir/II Total Points (350 possible)
287
285
Engelhardt & Associates 273
194
g: parI-. .rckrcn trai Ir.1nkings.doc
C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 22, 1997
Ms Laune Johnson
HTPO
7565 Office Ridge Circle
Eden Praine, MN 55344-3644
) ./,(il, --/I.,tc/( .
. IWI II. I j
Vi' ei/' ~-;({/I.'~
II'. ;:/1 " ,))
(/' !r'i"'/ tf"v
Dear Ms Johnson.
Thank you for presenting your qualifications to provide professional services for the city's tra1l related
referendum projects. Our consultant review team met today to narrO\v the field of candidates HTPO
was not selected as a finalist in our search. Our deciSIOn was based upon the combined analysis of each
proposal by five management level personnel. Ranking was based on total points awarded by the review
team.
As presented in our initial request, the selectIOn critena was based on:
2.
Professional Qualifications
Relevant Experience
Statement of Design Approach
15 points
40 points
15 pOints
'"
,).
A chart mdlcating the ranking of your proposal IS attached.
Again, thank you for responding to our lnVltatlOn to submit a Statement of QualificatIOns. We w1ll not
hesitate to call on you again.
Sincerely,
.-' ------
---'i /i ~
/' "(<~/,I
/ c- 'L--
Todd Hoffman
Park & RecreatIOn Director
c:\ Mayor and City CounCil
Review Team Members
Don Asl1\\'orth, City Manag\::r
Todd Gerhardt, Assistant City Manager
g.p"k' rdcrcn thanks.doc
Trails
Finn Total Points (350 possible)
287
285
273
HTPO 194
g: park r~kr~n Iradrankings.doc
C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 22, 1997
Dear Mr. Ingraham:
/
,~ .,' .' tj/ {;i:r!'
6, P /1 {:/ '/1, (; ./
I./C /' ')
/l./ I ( ) / I,;: /' I ~
(.. /it!:'] ;"/ft'.I' ~--
!V / ~~f;
/
Mr. Greg Ingraham
Ingraham & Voss, Inc.
7373 West 147th Street, SUIte 140
Apple Valley, MN 55124
Thank you for presenting your qualifications to provide professIOnal servIces for the City'S park related
referendum projects. Our consultant review team met today to narrow the field of candidates. Ingraham
& Voss, Inc was not selected as a finalist in our search. Our decision was based upon the combined
analYSIS of each proposal by five management level personnel. Ranking was based on total points
awarded by the review team.
As presented in our initial request, the selection criteria was based on:
1.
2.
3.
Professional QualIficatIOns
Relevant Experience
Statement of Design Approach
15 points
40 points
15 pomts
A chart indlcatmg the rankmg of your proposal is attached.
Agam, thank you for respondmg to our invitation to submIt a Statement of QualificatIons. We w1l1 not
heSItate to call on you again.
Smcerely,
.----;; .,-----
/,'CtJ
Todd Hoffman
Park & RecreatIOn Director
/
c:\'Mayor and City Council
ReVIew Team Members
Don Ashworth, CIty Manager
Todd Gerhardt, Assistant City Manager
g. p.lr\.. j ~f.:r~n lhanks.dr,c
Parks
Finll Total Points (350 JJossible)
307
279
277
Ingrahan1 & Vass 269
g: pJrk r~kr~n parkrJnkings.doc
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 23, 1997
Mr. and Mrs. Thomas Modeen
1750 Valley Ridge Trail North
Chanhassen, MN 55317
.L 1 l' 1'1) I .
~ /'<,.-/ '''''0 --- -~-,/
:} !..
)!~IJa(//
Dear fv!r. and Mrs. Modeen:
/:' J i: I//;' -r' ('
'\'}"'{--"'II 1~ 'l ~..i..,'G, (;~ ~./ _J~_J -' '\.__..~---t.,--..
,~ I -
,.....,,, _( V j
. /{ \ / J'" '
'---I, :/ C/, .... !,' -,' . "
I '/.-/ L, _"<.J' - '1 r:-.-< A ,.....,.: I. '1
\ I ! ..' ..... -,' I ".( / / I
i} 'I - ~'J'
A contract to replace the trail at the rear of the u.s. Postal Service Carrier Annex has been
awarded. Trees that will be removed to allow for this construction activity have been marked
\vith red paint and pink flagging. Lath stakes with pink flagging indicating the appro'Ximate
center line of the trail are also in place. ConstnIction will commence within the next three
weeks.
If you have questions regarding this work, do not hesitate to call me.
Sincerely, ./
~.~
;: v')./;'
c,...L.-
Todd Hoffman
Director of Park and Recreation
pc: Mayor and City Council
Don Ashworth, City Manager
Shal111in Al-Jaff, Plalmcr II
g" par'" th' Po,;tOfticcTrail.ltr
8. g.' par"'th' PostOfficcTraIlFlds
.---
/ / "
.. I
/.. '
J ' .
, J
.. --0 .....~ .t .
. ,
... ,- ...
u~
Minnesota Pollution Control Agency
.p-~---
-- - .-
September 12, 1997
Mr. Mark Halla
Halla Nursery
10000 Great Plains Boulevard
Chaska, Minnesota 55318
\.
1""","'-.'
!,jJ(
RE: Petroleum Storage Tank Release Investigation And Corrective Action
Site: Halla Nursery, 10000 Great Plains Boulevard, Chaska
Site ID#: LEAKOOOOI0001
Dear Mr. Halla:
On April 1, 1997, the Minnesota Pollution Control Agency (MPCA) staff was notified that a release of
petroleum occurred from storage tank facilities that you own and/or operate at the site referenced-above.
A recent review of MPCA files indicates that MPCA have not heard from you whether you intend to investigate
and if necessary, cleanup the petroleum contamination at this site. The MPCA again ask that you respond
verbally or in writing to this letter and describe the status of your investigation and/or cleanup, or explain why
no action has been taken. You must respond within 30 days of the date of this letter. Failure to do so may
result in reduced reimbursement from the Petrofund and/or enforcement action taken against you by the MPCA.
If you have not already done so, the MPCA recommend that you hire a qualified consulting firm registered with
the Petro Board that has experience in conducting petroleum release site investigations and in proposing and
implementing appropriate corrective actions. A list of registered contractors is available from the Minnesota
Department of Commerce. Please note that, under Minn. R. 2890.0075, subp. 2, you must solicit a minimum of
two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are
reasonable. Questions about bidding requirements should be directed to Petro Board staff. The phone number
for the Minnesota Department of Commerce and the Petro Board staff is 612/297-1119.
Please refer to MPCA fact sheets for information regarding the scope of investigations required at petroleum
release sites. The MPCA staff requires that the site investigation fully define the extent and magnitude of soil
and ground water contamination caused by the release. The MPCA reserves the right to reject proposed
corrective actions if the requirements of the site investigation have not been fulfilled. If you have any questions
concerning this letter or need additional information, please call me at 612/297-8589. Please reference the
above LEAK # in all correspondence.
~
Jelil Abdella
Project Manager
Cleanup Unit I
Tanks and Emergency Response Section
JA:lh
cc: Dave Pokorney, Administrator, Chaska -\ \C\~-'-, (-:, \_ _\ -'1.. \.:-)\. -(''':=~5-~ \ lC-" (l......\")\... \ \ I" ~ \-'\\ t'1I: '.
Joe Enfie~~b<(~i:tt~~~~ ;S~~i~a~~~ <?tfWg!4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY) 'V('-I" '\' \
Regional Offices: Duluth · Brainerd · Detroit Lakes · Marshall · Rochester
Equal Opportunity Employer. Printed on recycled paper containing at least 20% fibers from paper recycled by consumers.
... \) I\"
, )
Thomas H J Tomassen
141 Choctaw Circle
Chanhassen, l\1N 55317
Tel" 934-2979
. lJJ7
September 15, 1997
~1r Don Ashworth
City 1Vf an::>.ger
Citv of Chanhassen
600 Coulter Dr
Chanhassen. MN 55317
Re 3ccount -!:!: 201490
Dear Sir"
I have received your letter dated September 10 in connection to my letter of September 3.
1997. '.vhich was addres<;ed to the Mayor and City Council ofChanhassen
In re"pon<;e to your e'<planation for the city charges applied, T conclude that the
foundation for the late fees is very weak and in fact non-existent because there are no
e'<tra co"t<; made for po"t::>.ge. past due statement". administrative tasks or other dutie<; in
connection to my past due account I come to this conclusion because the late fee charge
i<; added automatically per standard practice to each quarterly bill that is mailed
periodically
Your reply only e'<tensively and e'<plicitly elaborates on the charge for certification by
summarizing a list of items. some of which are made in plural. which should have been
singular. example your office sent only one notice and not as VOlI indicated "notices" and
your office mo"t likely will provide a delinquent customers' list to the city council for its
heRring 011 October 27, 1997, and not as vou indicated "hearim2:s" With regard to your
statement that properties are to be removed from the main computer system. 1. a computer
e'(pert myself since 1972.. conclude that your statement is impressive but unlikely e'(cept
that the computer file records pertaining to my account. or perhaps T should use the term
databse or even better RDB(M)S, will be flagged until such time that the past due is
<;atisfied Such a method would be in compliance with the uniform FASB principle<; which
are to '''arrant a correct reflection of the financial condition of an enterprise
Page :2
T also find you statement despicable to generalize me with the rest of the delinquent
customers and take your remark as a serious personal insult for which I demand your
apology Furthermore, T have called your office in the spring of this year, like T did to
other service providers, to kindly ask to work with me during this dreadfiIl situation.
Whatever the reason T did not prevail Even ifT would have, the fact remains that the late
fee charges are detrimental to the relief I need to overcome my temporary financial
distress Tfthe city really wants to help out, it should consider reducing my financial
burden by waiving the late fee charges and offer me to make payment arrangements
L therefore, ask the city's clemency to grant a payment plan that allows me to bring the
account current by the spring of 1998
(.1..._\"->---\
(\''.\;'':'\ it..
\
__t\(x.~~; \--- '\Ll~,")C '--I tv \C\j,. C,..t "L .\- c..(;\. \'\ -') C ~ \...
\(JlY\ (:rL'~\ i \- \l'C...I,C(::, D\\tc:-rCr-
~(( ~ \\-=..~ \C \ \JfJ ')l..x..\.\ rj I L.<~ \'\ \ltt~ "- ' \C, \;\
METRO PLANNING 3 SOUTH Fax:6l2-582-1308
!'..\....(a~t.t \. Minnesota Departmont of Transportation
t E
~, ~ Metropolitan Division
or- . Waters Edge
1500 West County Road 82
Rcseville, MN 55113
Sep 26 '97 15:16 P.Ol
..,. ?b /J# It::> M~
~ PW06 7{ct)~
St:ndt"r (Ple:J$t.' $t.'ud return facs to number checked)
MlI.w FHcsimile (Lower Level-Mail ROOID): 582-1131
Division StAft"(1st Floor): 582-1166
Asst.Div.Engr/Dir. ArtUI. (Ist Floor): 582-1302
Pennits(l st Floor): 582-1454
DispI\tcb (lst Floor): 582-1533
Stll..le Aiel/Public: Atfairs(lst F1oor): 582-1368
Mainlenll."lce (1st Floor): 582.1008
Accounting/P\lrclwing(3rd Floor): 582-1239
Pre-De..o;i,gn C3rd Floor: 582-1308
Personnel (3rd Floor): 582-1009
:Right of Way (3rd Floor): 582-1496
o Employ~e Devt;:]opmeot (3rd Floor); 582-1534
i:~l~1:t~~;~f.~~~;~!f~Jg:~:i~:iji~1[i:j::jm;};;1!f:;j~f~{;~;:~~j;'1::~:'~i;r;:~~i:\f:~!~f:::'" ... "~/::;'::;:~~~;[;:i!:i\:9:~:i~~i~J~iffi~~~~ii~~~~:~j~]~~:~%~i~ii~i.~~ii~~1~2~i~1i~
-,
.
DATE
cr-"Z-t .-9-r
TO
/' } r r- I I 0, ?1.- Q j r;- "7
vJ1Q.,/eS {-~/cl1 F<lCS~o.., I/-c-
Ch&:.N ke:.>s~AJ Ait'c- .ua-i'-iS
LOCA TION
FRO~1
Ii../ ~c)~~/~r
~1Y1 l4~r
,
Phone S-a-/29'cr
LOCA TION
MESSAGE
/i;r 'Ybt.t.r IN ro -
~ N/J/ $ ,$d~ :> sAd:-
.:If;;-~' 2/D ~ ./~ dJ~r--
;qt/- ~~ ~~V - ~ 4
~.~, %J g
PAGES TO FOLLOW .\I:1in Switchboard Tel. Xo.: (612) 582-1000
~
./
(Rev. 6':;3-96 drJ) . .
A:. s:;\.J2.1 Opp:,i't~il!"J sm;::J1oysr
METRO PLANNING 3 SOUTH Fax:612-582-1308
Sep 26 '97 15:16
P.02
...O,..,....EaSOr4 l,
.. -
C E
\. ,l
0".,,.,..
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
, 500 West County Road 82
Roseville, MN 55113
Roseville Office
582 - 1298
September 25, 1997
Dear Resident
You are invited to attend the followinq public meetinqs:
Proposed year 2000 Kn/Dot Riqhvay 7 sa~ety improvement project.
From Riqhvay 41 to east limit of st. Donifaeius.
Public Information open house and opportunity for public comment.
To be held on Oct. 2, from 4 to 7p.m. at the Shorewood city hall,
located just south of the intersection of County road 19 and
Srnithtown road.
Plans of the proposed work will be available for review.
Representatives from Mn/Dot will be available to answer questions.
No formal presentation is planned. People should feel free to
attend at any time during the open house.
Note: The city of Chanhassen will seek public opinion on the
proposed roadway changes wi thin Chanhassen at a regular city
council meeting.
The city council meeting will be held at the Chanhassen City Hall
at 6:30 pm on Monday October 27, 1997.
The Chanhassen City Hall is located at 690 Coulter Drive l.n
downtown Chanhassen.
Attached is a summary of work proposed for the project.
If uou should have any questions concerning the project, feel free
to call the project engineer, Paul Kachelmyer at 582-1298.
An equal opportunity employer
METRO PLANNING 3 SOUTH Fax:612-582-1308
Sep 26 '97 15:16
P.03
Proposed year 2000 MnlDot Highway 7 safety improvement
proj ect. FroIl! Highway 41 to east limit of St. Bonifacius.
Proj ect Limits
Public Information open house and opportunity for public comment.
Oct. 2, from 4 to 7p.m. Located at the Shorewood city Hall, just
south of the intersection of County Road 19 and Smithtown Road.
Plans of the proposed work will be available for review.
Representatives from Mn/DoT will be available to answer questions.
No formal presentation is planned. People should feel free to
attend at any time during the open house.
Proposed work includes:
1. Pave and widen shoulders on both sides of the road to 10 feet.
some short sections will have shoulders paved to between 5 and 10
feet to limit encroachment into lakes and wetlands.
2. Construct or lengthen right turn lanes at the following
locations:
-oriole Lane
-Sandpiper Trail
-Arbor Lane
-Eureka Road
-Baycliff Drive
-Kings Point Road
-County Road 11
-Oak Road
METRO PLANNING 3 SOUTH Fax:612-582-1308
Sep 26 '97 15:16
P.04
3. Construct left turn lanes at the follo~ing locations:
-Church Road
-Smithtown Road
-Rolling Acres Road
-Baycliff Drive
-Zumbra Drive
-Kings Point Road
-County Road 11
4. Install traffic siqnals and reconstruct the intersection of
Rolling Acres road/Smithtown road/High~ay 7. This may include a
significant change in the location of the connection of smithtown
Road and Bayview Drive to Highway 7.
5. Relocate a number of driveway entrances from Highway 7 to side
streets.
6. Closures of street accesses to Highway 7 in the following cities
at the listed locations:
Chanhassen:
-Limit aCCeSS at Oriole Ave. to right turn in and right turn out.
-Close Washta Bay Road connection.
-Close Cypress Drive connection.
-Close Leslie curve connection.
Shorewood:
-Close Lake Linden Drive connection.
-close Wood Drive connection.
-Either close or reconstruct Pleasant Ave. connection.
-possibly close Seamans Drive connection.
-Closure of Freemans Park connection and local driveways as part of
a project by Shorewood associated with development of the local
area.
victoria:
-Close Iris connection.
-Relocate smithtown Road connection.
-Relocate Bayview Drive connection
For more information call Hn/DOT Project Manager Paul Kachelmyer
at 582-1298.
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O, BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
FROM:
Mayor and City Council
City Manager
, y..'
'-~~-I
Scott Harr, Public Safety Director ~f', 'j
to'
TO:
DATE:
September 29, 1997
SUBJECT:
Directors Comments - Bicycle Safety Citation Program - 1997
1 think this is one of the neatest programs we do, and commend Beth for the concept and a third
successful year. Beth relayed a story to me from a school administrator from a neighboring jurisdiction,
who lives in Chanhassen, who was riding with his young son when an officer stopped them. The boy,
and his father, were absolutely astounded that one of our officers would take the time to stop and chat so
positively, plus provide such a great reinforcement for the child wearing a helmet. A secondary positive
is that Beth includes officers from the State Patrol, Sheriffs Department and Chanhassen Public Safety
to participate, and so it is yet one more opportunity for us all to work together and continue developing
such a positive relationship.
1 think as much as anything, this project shows what Chanhassen Public Safety is about!
CC: Beth Hoiseth, CPS
Personnel File, Beth Hoiseth
Public Safety Commission
Board
g. \saf ctv\sh \bikec i ration
CITY OF
CHAHHASSEH
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
MEMORANDUM
TO:
Scott Harr, Public Safety Director
Beth Hoiseth, CPS .~
September 24, 1997
FROM:
DATE:
SUBJ:
Bicycle Safety Citation Program - 1997
Between June 1 & August 31, 1997, approximately 225 citations (ticket for a free hamburger at
the Chanhassen McDonald's) were issued by officers who observed children wearing their
bicycle helmets and obeying traffic laws.
After the program's second season, we continue to receive positive feedback from the
community. Parents welcome the positive interaction between Public Safety personnel and their
children; and, appreciate our assistance with encouraging bicycle safety.
C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
October 1, 1997
Mr. Michael Zumwinkle
7250 Hillsdale Court
Chanhassen, MN 55317
~~>t. 'Y L;-iC)~t (.J jL:..-Thv /....c,
(_I .
,j
., I '. ,-z-{"J d ,__ /1'/ :_.~ ~] :. G/..{.J ~<,
(-t. ( '-, \..~I J}/)/~ 1/]tL,/ L( L~
Dear Michael:
Attached please find an agenda for next week's Citizen Oversight Committee Meeting. Additional
items can be added at the request of any committee member. Subsequent agendas will be prepared
by the commi! tee chair with input from members at the close of each meeting. A representative of
Spnnssted, Inc. will be present at our meeting to discuss the upcommg bond sale.
Again, thank you for your interest in participating on this imp011ant committee. I look forward to
seeing YOll next Thursday evening.
Sincerely, _________-----
___'.-?' '"', t ,
// ..(J. J' )
/ <.. <c:: L--
Todd Hoffman
Director of Farks and Recreation
TH:gmb
pc: Don Ashworth, City Manager
Todd Gerhardt, Asst. City Manager
Pam Snell, Finance Director
Todd Hoffman, Park & Rec. Director
Chanhassen City Council
Chanhassen Park & Rec. Commission
g. 1'.lIL r~t~'i'Cl1 0, rSghIClli1lI11\ltgIO-lJ7
AGENDA
PARK, OPEN SPACE AND TRAIL
CITIZEN OVERSIGHT COMMITTEE
THURSDAY, OCTOBER 9,1997,7:30 P.M.
CITY MANAGER'S CONF. ROOM A
CITY HALL
7:30 CALL TO ORDER
1. Introductions
2. Appointment of Committee Chair
3. Confirmation of Responsibilities
4. Referendum Project Reports
5. Upcoming Bond Sale
6. Fund Accounting
7. Annual Audit
8. Establish Quarterly Meeting Scl1edule
9. Prepare Agenda, Winter Quarter Meeting
ADJOURNMENT
g:\park'refercndul11\Agcnda I 0-9-97
AGENDA
4,1"" 0-
ee - ~~
SOUTHWEST METRO TRANSIT COMMISSION
Thursday, September 25, 1997 - 6:30 P.M.
Eden Prairie City Center - Heritage Room II
8080 Mitchell Road, Eden Prairie, MN 55344
COMMISSION MEMBERS:
Maggie Brown, Chair; Randy Herman, Treasurer;
Chad Dockter; Cindi Potaracke; Jack Provo; Nancy
Tyra- Lukens; Mark Senn
ADVISORY BOARD:
COMMISSION STAFF:
Sharmin AI-Jaff, Scott Kipp, Susan Homing
Len Simich, Executive Director
Chuck Snyder, Operations Coordinator
Kate Garwood, Policy & Administration Coordinator
Tom Juhnke, Customer Service
John Kragness, Project Analyst
Jean Wiklund, Staff Accountant
I. CALL TO ORDER
II . APPROVAL OF AGENDA
III. PUBLIC COMMENT
IV. MINUTES
A. August 13, 1997
B. August 26, 1997
V. PAYMENT OF CLAIMS (5 Minutes)
VI. CONSENT (5 Minutes)
A. July and August Operating Report
B. Balance Sheet
VII. UPDATES
A. Commission Terms
B. Transit Hub
C. Route Changes
D. Bus Vinyl
E. Bus Stop Signs
~ ,. 'fl
: ~ I '~ " J ~t
F. Heaters
:.;rr ? () 19'0"
., ." '.. vi
SMTC AGENDA
-2-
SEPTEMBER 25, 1997
G. Ground Breaking
VIII. COMMISSION AND CITY STAFF COMMENTS
A. Community Survey Results from Chaska
IX. ADJOURNMENT
MINUTES
SOUTHWEST METRO TRANSIT COMMISSION
WEDNESDAY, AUGUST 13, 1997
Eden Prairie City Center - 8080 Mitchell Road
COMMISSION MEMBERS:
Maggie Brown, Chair; Randy Herman, Treasurer;
Chad Dockter; Cindi Potaracke; Jack Provo; Nancy
Tyra- Lukens; Mark Senn
ADVISORY BOARD:
COMMISSION STAFF:
Susan Arntz
Len Simich, Executive Director; Chuck Snyder,
Operations Coordinator; Kate Garwood, Planning &
Policy Coordinator; Customer Service; John
Kragness, Project Analyst; Jean Wiklund, Staff
Accountant; Ric Rosow, Attorney; Elinda Bahley,
Recording Secretary
I. CALL TO ORDER
Chair Brown called the meeting to order at 6:35 p.m. Commissioner Dockter
arrived at 6:38 p.m.
II. INTRODUCTION OF NEW COMMISSION MEMBER MARK SENN
Brown introduced and welcomed Mark Senn to the Commission.
III. APPROVAL OF AGENDA
Simich added under Updates, item M, Groundbreaking for the Transit Hub, and
item N, Telebus-Circulator Update.
MOTION: Herman moved, seconded by Tyra-Lukens, to approve the agenda as
amended. Motion carried 5-0 with one abstention by Senn.
IV. PUBLIC COMMENT
There was no one present wishing to make public comment.
V. MINUTES OF JULY 24, 1997
MOTION: Tyra-Lukens moved, seconded by Potaracke, to approve the minutes
of the July 24, 1997, meeting as published. Motion carried 5-0-1 with one
abstention by Senn.
VI. CITILINER GRAPHICS
Ladd Conrad, graphics designer from MTM, explained the previous graphics failed
because the problem was the vinyl product used. Lowen Graphics had rehired
MTM at no expense to SMTC to redesign it.
He presented and explained the four different design options which included a
reader board for advertising or communicating community messages. Discussion
ensued about the different designs presented and possible logo suggestions.
~A-'
SMTC Minutes
2
August 13, 1997
MOTION: Herman moved, seconded by Dockter, to direct staff to proceed with
selection of the graphics working with MTM. Motion carried 6-0-1 with one
abstention by Senn.
Simich indicated Staff would also like to wrap two of the vehicles with attention-
getting graphics in order to generate and create some awareness about the system
and use it in the marketing schemes for the remainder of this year. Staff would
pursue selling this type of graphic bus wrap to businesses in the future.
Brown asked how much money would this generate by selling it. Simich replied
that Metro Transit vehicles generate approximately $4,000 per bus per year.
MOTION: Dockter moved, seconded by Tyra-Lukens, to authorize the Executive
Director to enter into an agreement not to exceed $7,000 with Lowen Graphics for
the purpose of designing and applying an advertising bus wrap on two Citiliner
transit vehicles. Motion carried 6-0-1 with one abstention by Senn.
VII. AUTHORIZATION FOR MNDOT TO ANNUAL TRANSIT HUB BID
Jim Lasher, LSA Design, reviewed the bid results for the transit hub which were
opened on July 22, 1997, noting that four bids were received. He indicated the
apparent low bidder for the project was eliminated by MnDOT due to
inconsistencies in the bid information provided and the next closest bidder was
RJM Construction. The difference between the original low bidder and RJM
Construction was about $15,000, not a significant amount.
Lasher explained the evaluation they conducted ofRJM's qualifications,
background and experience. He said all the recommendations received on RJM
Construction had been good ones. Bob Jossart, President RJM Construction,
briefly commented on their background and experience.
Lasher reviewed potential risks involved relative to the newness of the company
were outweighed by the bonding of the company. Joe Maddy, President, RJM
Construction, commented they had very highly skilled individuals who operated on
a higher standard than some competitors because they were a smaller firm. The
philosophy of the firm was this: if they don't sit down and discuss another job
together with SMTC when this work is completed, then they have failed.
MOTION: Provo moved, seconded by Herman, that the Commission adopt
Resolution #97-24, recommending to the Commissioner of Transportation that
RJM Construction be awarded the bid for construction of State Project 90-070-04,
Southwest Metro Transit Hub and that Staff be directed to forward the appropriate
documents to MnDOT supporting the recommendations. Motion carried 6-0-1
with one abstention by Senn.
VIII. PAYMENTS OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Potaracke, to approve the payment
of claims as presented. Motion carried on a roll call vote: Brown,
Herman, Dockter, Potaracke, Provo, Tyra-Lukens, and Senn in
favor; none against.
11[ A .. 'l.
SMTC Minutes
3
August 13, 1997
IX. CONSENT
A. June Operating Report
B . Balance Sheet
X. NEW BUSINESS
A. 1998 Budget
Simich reviewed each line item noting what the major changes were from the
preliminary budget and Wiklund explained the reasons that each of the changes
were made. Simich noted that the budget would be submitted to the cities to be
included in the Truth and Taxation process and explained the time frame involved.
Senn commented he did not believe it appropriate to seemingly reduce a budget line
item in one location only to include it in another category. Simich indicated this had
not been done in the budget, and explained that, as an example, in the marketing
budget, none of the activities had been duplicated from the previous year. Each
activity had been individually assessed as to its contribution to the service plan for
the coming year. Senn recommended that equipment be a separate line item from
maintenance.
MOTION: Tyra-Lukens moved, seconded by Potaracke, to approve the final draft
of the 1998 budget and direct staff to forward the final draft to the cities for the
Truth in Taxation process. Motion carried 7-0.
XI. OLD BUSINESS
A. Regional Transit Capital Update
Garwood indicated the next round of applications was due up in late September and
reviewed the projects proposed to be included, along with estimated costs.
MOTION: Provo moved, seconded by Tyra-Lukens, that the Commission direct
Staff to prepare and submit applications to the Metropolitan Council for 1997 RTC
funds for the projects listed in the August 8, 1997 memorandum. Motion
carried 7-0.
B . Suburban Transit Association Legislative Subcommittee
Appointments
Simich indicated there are two spots to be filled on the subcommittee next year and
the committees would be meeting monthly.
MOTION: Dockter moved, seconded by Potaracke, to nominate Jack Provo and
Nancy Tyra-Lukens to the ST A Legislative Subcommittee. Motion carried 7-0.
XII. UPDATES
A. Special Commission Meeting for September - Bid Letting
Simich stated that a meeting would be needed in late August and/or possibly one in
early September to take action on the recently advertised bids for bus heaters and
~A-3
SMTC Minutes
4
August 13, 1997
additional Gillig vehicles. The purpose of the meeting(s) would be to issue the bids
allowing the work to start in time for winter. This was particularly critical with
respect to the bus heaters. After brief discussion by the Commission, the meeting
was scheduled for August 26, 1997 at 6:30 p.m.
B . Schedule Strategic Planning Meeting
After a brief discussion, the Commission agreed that they did not need a facilitator
for the strategic planning meeting, but that Staff would facilitate the process instead.
Commissioners agreed that the September meeting would be set aside for strategic
planning, with regular with a light agenda or no agenda at all.
C. Metro Transit Driver Negotiations
D. Hub Commercial Development
Simich noted they will be receiving a proposal next week involving theaters. Senn
commented that retail space would not find the site attractive if a movie theater was
part of the development and he explained the reasons why. Discussion continued
about how the Commission wants these types of proposals handled. The
Commission agreed the decision for these proposals should be filtered by Staff and
the appropriate agency consultants before review by the Commission.
E. Chanhassen/Hwy. 5 Meeting
F. Welfare-to-'Vork Meeting
G. Staff Training
H. Office Procedures
Simich commented SMTC has a high number of no-shows and cancellations and
needed to put some policies in place to address these situations. One suggestion
was to propose a $10.00 fee for any standing order. Snyder noted they have about
30 percent cancellations.
Simich explained they also need a policy regarding age because there was a huge
number of young preschoolers that ride the system unaccompanied by adults. Staff
was concerned about the risk factor. Senn was concerned about the liability.
Rosow explained that if SMTC was accepting a minor on the bus, they would bear
a greater responsibility knowing that the judgment of that individual was not going
to be as great as the judgment of an adult.
Tyra-Lukens asked ifthere are guidelines from the League of Minnesota Cities and
recommended letting the public know that the agency was considering some
changes before people made their plans for the school year.
I. Legislative Focus Group
J. Private Vehicle Capital
K. Laidlaw Driver Survey
L . PASS Software Upgrade
YA-l/
SMTC Minutes
5
August 13, 1997
M. Groundbreaking for the Transit Hub
Garwood referred to the list of people who have been invited to the transit hub
groundbreaking and asked the Commission to look at it and let staff know if they
have left anyone out. She reviewed the list of guests and the Commission
recommended inviting all fonner board members.
There was no discussion on item M.
XIII. COMMISSION AND CITY STAFF COMMENTS
XIV. ADJOURNMENT
MOTION: Provo moved, seconded by Potaracke, to adjourn the meeting. The
meeting adjourned at 9:35 p.m.
1L1\"~
MINUTES
SOUTHWEST METRO TRANSIT COMMISSION
SPECIAL MEETING - TUESDAY, AUGUST 26, 1997
Eden Prairie City Center - 8080 Mitchell Road
Maggie Brown, Chair; Randy Herman, Treasurer;
Chad Dockter; Cindi Potaracke; Jack ProVO; Nancy
Tyra-Lukens; Mark Senn
Sharmin Al-Jaff, Scott Kipp, Susan Arntz
COMMISSION MEMBERS:
ADVISORY BOARD:
COMMISSION STAFF:
Len Simich, Executive Director
Chuck Snyder, Operations Coordinator
Kate Garwood, Policy & Administration Coordinator
I. CALL TO ORDER
Brown called the meeting to order. Commissioners Dockter, Herman, and Senn were absent.
n. APPROV AL OF AGENDA
MOTION: potaracke moved, seconded by Tyra-Lukens, to approve tbe Agenda.
Motion carried 4-0.
Ill. PUBLIC COMMENT
There was no public comment.
IV. OLD BUSINESS
A. BID AWARD FOR BUS HEATERS
Snyder reviewed the bids received from Astleford Equipment Co. and Dealer
Automotive Service, Inc. He noted that Astleford failed to provide a bid bond as
specified and also failed to complete the Price Proposal Form attachment.
MOTION: Provo moved, seconded by Tyra-Lukens, to approve Resolution #97-26
awarding the bid to Dealer Automotive Services, Inc. (DAS), and to direct the Chair
and Executive Director to execute a contract with DAS for 13 auxiliary bus heaters.
Motion carried 4-0.
B. BID AWARD FOR GILLIG BUSES
Simich reviewed the bid received from Laidlaw Transit Services (LTS) at a unit cost of
$76,000 per vehicle, or at a lease cost of $2,013 per vehicle over a five year period.
He presented the forecast for cost savings which would resnit from acquiring the
vehicies and gave an update on the availability of regional capital funding.
MOTION: Provo moved, seconded by Tyra-Lukens to approve Resolntion #97- 25
and to direct tbe Chair and Execntive Director to enter into a contract witb Laidlaw
Transit Services, Inc. for the purchase flease of eight 1988 refurbished Gillig transit
vehicles.
Motion carried 4-0.
IX. ADJOURNMENT
MOTION: ProvO moved, seconded by Tyra-Lukens, to adjourn the meeting. Chair Brown
adjourned the meeting at 7:00 p.m.
Jf~
MEMORANDUM
TO:
Southwest Metro Transit Commission
FROM:
SMTC Staff
DATE:
SUBJECT:
September 19, 1997
STAFF UPDATE
A. COMMISSION TERMS
As a reminder, the terms of Nancy Tyra-Lukens, Randy Herman, and Cindi Potaracke expire at the end
of this year. Member cities will need to approve the reappointment ofTyra-Lukens and Herman or
appoint new members for January 1998. The terms will last for three years, 1998-2000. Commissioner
Potaracke cannot be reappointed as rider representative because the next term must be filled by an Eden
Prairie rider. The rider representative term is for two years, 1998-1999. Staffwill follow up with the
cities regarding member appointments.
B. TRANSIT HUB
Things are beginning to move on the site. United Health Care (UHC) has followed through promptly to
remove the "parking lot" from the east end of the property. As part of their work to remove the
bituminous surface, UHC will have its contractor spread seed on the site to help minimize erosion and
dust problems. Inspections will be made by LSA Design personnel prior to our release of the UHC bond
for this work.
C. ROUTE CHANGES
Staff continues to plan for the service changes scheduled for November 3. The following are a few
highlights:
. Southwest Metro will add service to the Airport as a part of its Mall of America (53M) route.
Service to the Radisson Hotel, Hotel Sofitel, and Courtyard By Marriot will be eliminated.
. A new route (505) will be added, which will travel between Walnut Park & Ride to Market
Blvd. Park & Ride via Chaska Middle School, Chaska High School, Chaska Community
Center, Jonathan, Jonathan industrial area, Chanhassen Recreation Center, apartments and
townhomes along Kerber in Chanhassen, and downtown Chanhassen.
· Telebus hours will be further reduced.
. Mid-day service between Walnut St. and Eden Prairie Center will be eliminated due to low
ridership. Connections to EPC will now be available through connecting routes 505 & 501
and Telebus.
· There will be more frequent 501 service throughout the day.
· Saturday service will be added to routes 501, 503, 504, and 505.
--vTI - \
~
D. BUS VINYL
The installation of the special "commuter dogs" vinyl is taking place Saturday (9/20). These buses will
make their debut appearance on Express and 53R routes Monday morning.
Final artwork has been approved for the new vinyl on the remaining Citiliners and new Gilligs. Citiliner
installation will take place in about five weeks. No schedule has yet been established for the Gilligs,
however, vinyl for both buses will be produced at the same time to reduce cost.
E. BUS STOP SIGNS
E.F. Anderson, Inc. expects to complete the installation of new bus stop signs in Eden Prairie and
Chaska by September 30 (the City ofChanhassen crews will install signs on their streets).
F. BUS HEATERS
Installation of the auxiliary bus heaters on the agencies thirteen Citiliners will be completed by September
23. After the bid was awarded, our mechanics recommended that we use the same high quality silicone
and Teflon hoses for the auxiliary heater coolant lines as was specified for all coolant lines in the original
bus bid specifications. These hoses stand up better to heavy duty transit use and will lower maintenance
costs over time. The additional cost is $176 per bus. Staff approved the additional costs since the
revised total cost is within the original project estimates.
H. GROUND BREAKING
Staff was looking to the groundbreaking to fulfill several purposes: to bring positive attention to the
agency; to call attention to a unique public development; to celebrate the milestone event of construction
starting on a project that was initiated several years ago; and to publicly thank the many organizations that
helped us reach this point.
The final count was 113 total attendees. By any standard, this was a great turn out! Prior to the event,
there was coverage on TV Channels 4 & 5 as well as coverage on radio stations WCCO-AM and MPR.
The Eden Prairie News printed a very positive and complimentary editorial the week before the event and
there was coverage of the event in both the SunCurrent and in the Eden Prairie News after the fact. (See
copies of the articles attached to the letter of transmittal.)
Thank you notes were sent to the speakers and contributors (Laidlaw provided the ice cream) to the
event. Upon receipt ofthe photos from the photographer, copies will be provided to everyone and a set
will be included in the agency's archives.
lIC-2..
,)t W
CITY OF 1/;; rJ.;f
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 26, 1997
Mr. John Bader
Ren Square 2nd Floor
414 Nicollet Mall
Minneapolis, MN 55401
Re: Request for Data Base Files for NSP
Dear Mr. Bader:
TI1lS lettcr i~ to confinn our conversation yesterday regarding the release of our data base files.
The City of Chanhassen agrees to sell NSP a copy of our data base files for S450 per megabyte.
The data basc includes the following files and size of each:
File
info
mastertic
qtrsec
roads (no annotation)
seclinc
tax_parcel
wetlands
lakes
parks
n vcrs
Total
Size
1,342 kbytes
13 kbvtes
36 kbytes
765 kbytes
47 kbytes
8,360 kbytes
846 kbytes
124 kbytes
128 kbytes
178 kbvtes
11,096 kbytes or 11.096 mbytes
Mr. John Bader
September 26, 1997
Page 2
If you agree with this information, I would request you submit a check to the City of Chanhassen
for $4,993.20 (11.096 mbytes x $450.00 = $4,9935.20) and we will release the files in the format
you requested.
If you have any questions, please do not hesitate to call me at 937-1900 ext. 119.
Sincerely,
( ~~~~f
'---'"
Todd Gerhardt
Assistant City Manager
TG:v
c: Don Ashworth, City Manager
Jolecn Devens, GIS Specialist
Rick Rice, MIS Coordinator
Pam Snell, Finance Director
~ I
l/j r--,
.J
':J .f
~.~.-
Y-/'- ,
LAW OFFICES
/0 II?' /.1 7'
.....1 I
BRIAN T GROGAN
(612) 3.\7-03.\0
[-r\i1.~IL, GroganB'i!moss-barnett com
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-4129
TELEPHONE (612) 347-0300
FACSIMILE (612) 339-6686
.....
'/ "
"
,.
.)
, '
September 25, 1997
K
/
-It-. (.
.,.,
(Ir
fp'"
\
"
~
-"
,/
r
Mr. Don Ashworth
City Manager
690 Coulter Drive
Chanhassen, MN 55317
Mr. Bruce Eisenhauer
City Administrator
109 South Elm Street
Waconia, MN 55387
Mr. Ed Shukle
City Manager
5341 Maywood Road
Mound, MN 55364-1687
Mr. Dave Frischmon
Director of Finance and Administration
600 Rice Street
Wayzata, MN 55391
Re: Franchise Renewal Negotiations with Triax
Dear Gentlemen:
Over the past couple of weeks I have been working with Da'/e Frischmon in Wayzata to
move forward in the franchise renewal negotiations with Triax, Jane Bremer has provided the
City ofWayzata with marked up copies of the franchise documents which I earlier prepared for
each of your Cities, I have enclosed herewith copies of those marked-up documents together
with my written response to her proposed revisions. Although my response is lengthy I am
encouraged that the City of Wayzata and Triax are relatively close to agreement on a number of
issues and I do not anticipate protracted negotiations.
I am providing this information to each of you to keep you updated on the status of these
negotiations. I anticipate that as each of your Cities move forward in negotiations with Triax that
Triax's proposed documents will be substantially the same as those presented to Wayzata and
that my comments on many of the provisions will be substantially the same. Obviously, there
are unique issues for each community which will need to be addressed particularly with respect
to service to local buildings; public, educational and governmental programming; system
upgrade specifications and related matters. However, the general franchise provisions will likely
be the same as those I am negotiating with Triax on behalf of Wayzata.
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Mr. Don Ashworth
Mr. Bruce Eisenhauer
Mr. Ed Shukle
Mr. Dave Frischmon
September 25, 1997
Page 2
As we have discussed in the past, one of the advantages in working together on franchise
renewal is to spread negotiation and drafting costs evenly among the communities so that no one
community shoulders the burden of creating new franchise documents.
With this in mind, I am attempting to track my time on matters which will be applicable
to all communities and spread that time over all four (4) communities. If any of you have
concerns or questions about this please feel free to contact me. I will continue to provide copies
of all relevant documents to each of you and keep you updated on the progress of the
negotiations. If at any time any of you would like to participate in the proceedings or would like
to accelerate the process in your particular community please let me know. Otherwise I plan to
continue fonvard with Wayzata and use this as the basis for subsequent negotiations in each of
your communities. I believe that in this way we can expedite negotiations in Chanhassen,
Mound and Waconia and focus on the more unique local issues affecting each of those
communities.
Once again, please feel free to contact me if you should have any questions or concerns
regarding this approach.
Very truly yours,
MOSS & BARNETT,
A Professional Association
73~
Brian T. Grogan
BTG/slo
134124/2VII 0 I! DOC
Enclosures
LAW OFFICES
1RIAN T GROGAN
612)347-0340
:-MAIL. GroganB1!:.moss-bamell.com
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-4129
TELEPHONE 16121 347-0300
FACSIMILE (612) 339-6686
September 25, 1997
VIA FACSIMILE AND U.S. MAIL
Ms. Jane Bremer
Larkin, Hoffman, Daly & Lindgren
7900 Xerxes A venue South
Suite 1500
Bloomington, MN 55431
Re: Response to Triax's Proposed Revisions to the Wayzata, Minnesota Cable
Television Franchise Documentation
Dear Jane:
I have reviewed your redlined copies of the Cable Television Regulatory Ordinance and
Franchise Agreement for the City of Wayzata, Minnesota which were presented to me on
September 18, 1997 at your office. As we discussed, I have conferred with Dave Frischmon
regarding your client's, Triax Midwest Associates, L.P. ("Triax"), proposed revisions to the
franchise documents and have outlined the City's concerns below.
In an effort to continue to move this process forward I recommend that you and I
schedule either a telephone conference or a face to face meeting where we can review my
concerns regarding your proposed revisions. Once we have narrowed the list of issues we then
can schedule one more face to face meeting between Dave Frischmon and myself together with
you and other appropriate Triax representatives to hopefully finalize the documents.
REGULATORY ORDINANCE
Section 1.2(n) Gross Revenues. Your proposed revisions are generally acceptable
however I have a few concerns. First, to the extent we are eliminating the reference to "all cash,
credit. property of any kind or nature, or any other consideration derived," I am uncomfortable
limiting the revenue solely to the "sale" of cable services. Therefore, I propose replacing the
word "sale" with the word "provision". Second, with respect to your proposed elimination of the.
phrase "payments or other consideration received from programmers" I will accept this revis~on - -' . . ":"
given the limited number of subscribers in the Wayzata system and the minimal dollars in ;;: __ ~~,..". -:..,
1# ~. ~~ f~:,' ::j ~-.
c:
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25, 1997
Page 2
question. Third, in light of the recent Fifth Circuit decision in Citv of Dallas, TX et al. vs. FCC,
No. 96-60427 (5th Cir., July 31, 1997) gross revenues must now include franchise fees
collected by the grantee on behalf of the City. Therefore the second to the last sentence of the
definition should be modified to eliminate the word "not." Finally, your proposal elimination of
the final sentence of this paragraph seems overly broad and I propose instead that the sentence be
reworded and included as follows: "There shall be no deductions from Gross Revenues for any
other items unless specifically authorized herein."
Section 1.4 Franchise Required, Federal law at 47 U.S.c. S 541(1) clarifies that any
municipality need not obtain a franchise to operate a cable system. Minnesota state law presently
would require a municipality to obtain a franchise pursuant to Section 238.08. However, as we
have witnessed over the years state and federal laws are subject to change and may be modified
in a way which will not require that a City obtain a franchise to own and operate a cable system
as is the case in many states around the country. Therefore I propose the following revision to
address both our concerns:
"It shall be unla'wful for any Person (other than the City unless specifically
required by Applicable Laws) to construct, install. . . "
Section 1.7(b) Federal, State and City Jurisdiction, Additional clarification will be
needed regarding why this paragraph was eliminated in its entirety.
Section 1.8(a) Franchise Non-Transferable, I am uncertain why Triax has proposed
eliminating this phrase since the terms or conditions which may be prescribed by the Council
obviously must comply with all Applicable Laws.
Section 1.8( d) Franchise N on-Transferable, Your proposed revision is acceptable.
Section 1.12(d) Geographical Coverage. The fact situation we are attempting to
prevent in this provision is where a cable subscriber hooks up to the system in mid January when
the ground is frozen and clearly the drop cannot be buried. Once the ground becomes suitable
for burial, however, the drop should be promptly buried so as to prevent inadvertent cuts or
disturbance of the resident's property. Ifwe assume that the ground will likely become suitable
for burial sometime in mid May of each year, your proposal would mean that the drop could
remain above ground, in some cases laying on top of the grass, gardens or other shrubbery, until
mid July. This scenario is not acceptable. Perhaps Triax could suggest an alternative which \vill
address our concern.
Section 1.13 Nonexclusive Franchise. Your proposed revision would place the City in a
never ending cycle of always having to grant a franchise on the exact same terms and conditions
as an existing franchise. In other words, if a competitor appears in five years we do not want to
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25, 1997
Page 3
be held to the same franchise requirements as those which we will apply to Triax today as in all
likelihood technology will advance and different terms and conditions will be appropriate to
impose on the competitive provider.
As we have discussed in the past, I will agree to include language which will require that
the terms and conditions of any additional franchises granted will be no more favorable nor less
burdensome than those imposed on Triax. Perhaps the appropriate place for that language is in
the Franchise Agreement as opposed to the Regulatory Ordinance. Moreover, your proposed
elimination of the final sentence of this paragraph gives rise to the same concern I outlined above
with respect to Section 1.4
Section 1.15 Franchise Applications. The proposed revision gives rise to the same
concern I outlined in Section 1.4 above.
Section 1.18 Consumer Protection and Service Standards. The City desires that at a
minimum some bill payment locations be maintained within the City. Therefore I believe the
phrase you have proposed eliminating could be reworded as follows:
"Except as otherwise provided in the Franchise Agreement. Grantee shall
mal11tain one or more customer service or bill payment offices at convenient
locations within the Service Area. . . "
Section 1.18(c)(I)(ii) Consumer Protection and Service Standards. I note that this
provision of the FCC's customer service obligations found at 47 C.F.R. Section 76.309 has been
revised. I recommend we include this revised paragraph as presently found in the FCC's
regulations:
Customers will be notified of any changes in rates, programming services or
channel positions as soon as possible in writing. Notice must be given to
subscribers a minimum of thirty (30) days in advance of such changes if the
changes are within the control of the Grantee. In addition, the Grantee shall
notifY subscribers thirty (30) days in advance of any significant changes in the
other lI?{ormation required by this Section 1 18(c)(J)(i) Grantee shall not be
required to provide prior notice of any rate changes as a result of a regulatory
fee. franchise fee, or other fee, tax, assessment or charge of any kind imposed by
al1yfederal agency, state orfranchising authority on the transaction between the
operator and the subscriber.
Section 1.18(c)(2)(i) Consumer Protection and Service Standards. The revision you
have proposed would eliminate language which is currently contained in the FCC's customer
MOSS & BARNETT
A PROFESSIONAL ASSOCIA TJON
Ms. Jane Bremer
September 25, 1997
Page 4-
service obligations at 47 C.F.R. Section 76.309. We prefer that these FCC standards remain as
drafted and be included word for word in the Ordinance.
Section 1.18(c)(2)(iii) Consumer Protection and Service Standards. I note that this
particular paragraph is presently not included in the FCC's customer service obligations.
Therefore this entire paragraph could be eliminated. Although if the provision is to remain as
part of the Ordinance, the phrase you have proposed eliminating must remain as the recent Fifth
Circuit decision indicated in no uncertain terms that a franchise fee is not a "tax."
Section 1.18 final paragraph, Consumer Protection and Sen'ice Standards. Your
proposed revision is acceptable.
Section 1.20(b) Franchise Fee. To the extent the requirement that a certification be
provided by a "certified public accountant" is eliminated, the officer of the company should be
someone in a position of authority with respect to financial matters. In other words, the reference
should be to the company controller or chief financial officer or similar position. This is not a
certification which should be sent by the system manager.
Section 1.21(d)(7) Design and Construction Requirements. Your proposed revision is
acceptable.
Section 1.22 Technical Standards. Your proposed revision to subparagraph (a) is
acceptable. Your proposed revision to subparagraph (b) will require some clarification. I am
uncertain why repeated and verified failure to maintain technical standards would not constitute a
material breach of the franchise.
Section 1.33 Extended Operation and Continuity of Sen'ices. As an alternative to this
provision I recommend including the statutory requirement at Section 238.084(z).
Section 1.35(b) Rights Reserved to Grantor. Additional clarification \vill be required
regarding why this entire paragraph was eliminated. This paragraph would appear to work to the
favor of Triax in that it would allow the City the flexibility to waive enforcement of any
particular provision.
Section 1.37 Conflicts. My concerns regarding elimination of this provision will be
addressed more fully in my comments regarding Section 7.2 of the Franchise Agreement below.
Franchise Agreement
Section 2.1 Grant. Your proposed changes are acceptable.
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25. 1997
Page S
Section 2.2 Right of Grantor to Issue and Renew Franchise. Your proposed changes
are acceptable.
Section 2.4 Term. We acknowledge Triax's desire for a IS-year franchise, however. we
must reserve our right to consider the length of the franchise term once the other remaining
outstanding issues have been satisfactorily resolved.
Section 2.5 Franchise Not Exclusive. Pursuant to my comments in Section 1.13 of the
Regulatory Ordinance, I propose modifying this provision to incorporate language which would
insure that subsequent franchises are granted on terms and conditions no more favorable or less
burdensome than those in this Franchise Agreement.
Section 2.6 Conflict with Cable Ordinance. Please see my comments with respect to
Section 7.2 of the Franchise Agreement below.
Section 3.2 Franchise Fee. Your proposed changes are acceptable, however, the
certification by the officer of grantee should be someone with authority to speak to financial
matters on behalf of the company. Please see my comment with respect to Section 1.20(b) of the
Ordinance above.
Section 3.3 Not Franchise Fees. There are six (6) separate paragraphs in this provision
regarding what is and is not to be considered a franchise fee. You have proposed eliminating all
six (6) provisions. Further clarification will be required with respect to why each provision has
been eliminated and why clarification cannot be included in the Franchise Agreement with
respect to what mayor may not be deducted from franchise fee payments.
Section 3.4 Recovery of Processing Costs. Approximately 12 months ago, Triax was
involved in a transfer of ownership / control proceeding before the Wayzata City Council. At
that time. the City undertook appropriate due diligence to review the transfer and Triax
reimbursed the City for its reasonable out-of-pocket costs, including its attorneys' fees relating to
the transfer proceeding. Therefore, we are uncertain why this same requirement has been
eliminated from the Franchise Agreement. Moreover, we do not understand elimination of
Subsection (b) of Section 3.4 as it simply requires that Grantor and Grantee may agree to retain
outside consultants to assist in the resolution of the dispute and then must otherwise agree that
the costs will be equally borne by each party. Since the provision is not mandatory, it simply
allows a good faith discussion between the two parties. I am uncertain why it has been
completely eliminated.
Section 3.5 Liability Insurance. You have proposed to eliminate the provision which
\\oLdd allo\\ the insurance to be adjusted once every three (3) years in accordance with the CPI.
To the extent this franchise extends for a lengthy term some periodic adjustment in insurance
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
~s. Jane BrenJer
SeptenJber 25, 1997
Page 6
anJounts is necessary to insure the coverage adequately addresses the potential liabilities.
~oreover, your elinJination of the self-insured disclosure requires further clarification.
Section 3.4 Indemnification. Your proposed changes to Subparagraph (e) are
acceptable. Your proposed changes to Subparagraph (f) require further clarification. Our
concern is that if an individual is injured in 1998 and Triax subsequently sells the systenJ in
1999, and a clainJ is then brought in the year 2000 (relating to the injury in 1998), the City nJust
have sufficient indenJnification for the act which occurred in 1998 despite the fact that Triax is
no longer operating the systenJ. While the liability insurance may run with the new Grantee, it is
unclear \vhether the indenJnification requirenJent will be assunJed by the new Grantee for prior
acts of Triax.
Section 3.7 Security Fund. The existing franchise of the City of Wayzata which was
drafted in the nJid-1980's contains a $10,000 security fund. At the very least, the level of the
security fund nJust be nJaintained at that level throughout the ternJ of this agreenJent. Your
proposed changes in Subparagraph (c) and (d) will require further clarification.
Section 3.8(a) Procedure for Enforcing Franchise Agreement. Your proposed
changes are acceptable.
Section 3.8(c) Procedure for Enforcing Franchise Agreement. Your proposed
changes are acceptable.
Section 3.8(d) Procedure for Enforcing Franchise Agreement. The paragraph should
renJain as originally drafted. The nJonetary penalties contained within Subparagraph (d) are
appropriately drawn and in line with the recent decision in Jones Intercable v. Citv ofNaperville,
No. 9665962 (U.S.D.C. Northern District of III., Eastern Division, July 29, 1997). ~oreover,
the City's right to terminate the agreenJent based on a nJaterial violation nJust be retained.
Section 3.10 Annual Report. Your proposed changes are acceptable.
Section 4.1 Minimum Channel Capacity. It is our understanding that the systenJ is
proposed to be cOnJpleted at the end of 1998. This is the single, nJost inJportant factor to the City
of Wayzata and nJust be contained within the franchise.
Section 4.2 System Design. The systenJ design Triax has described to City officials is
essentially a full systenJ rebuild \vith fiber to node technology. Your proposed language suggests
that Triax nJay satisfy its rebuild obligation by sinJply using "conJpression technology." This
alternative is not acceptable. I believe we are all in agreenJent that the Wayzata systenJ is in need
of full rebuild which Triax has repeatedly pronJised. Specific technical specifications in line
with Triax's past representations nJust be incorporated into the Franchise AgreenJent so that there
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25, 1997
Page 7
is no misunderstanding regarding the system which the City will receive. I strongly suggest we
work on revising the description of the system upgrade I have prepared in Exhibit G. I do not
believe this description is drastically different than what Triax has represented will be in place
for the City of Wayzata.
Section 4.3 Operation and Maintenance. Your proposed changes are acceptable,
however, clarification must be included that Grantee will also comply with applicable provisions
of the Ordinance regarding technical issues.
Section 4.4 Special Testing. Your proposed changes are acceptable.
Section 4.5 FCC Reports. Your proposed changes are acceptable.
Section 4.6 Emergency Alert Capability. Your proposed changes are acceptable.
Section 4.10(e) Periodic Evaluation, Review and Modification. Further clarification
will be required regarding why this entire paragraph was eliminated.
Section 5.3 Periodic Subscriber Survey. The proposed changes are acceptable so long
as it is clarified that any costs associated with the Periodic Subscriber Survey \-vill not be borne
by the City, passed through to subscribers, nor deducted from the franchise fee payments.
Section 6.1 Public, Educational and Governmental Access. Your proposed revisions
are acceptable.
Section 6.2 Grantee Support for PEG Usage. The proposed changes are generally
acceptable, however, the City is uncomfortable including a requirement to form the "advisory
committee" in the Franchise Agreement. The City must retain flexibility to create and/or
dismantle committees as necessary and appropriate over time. References to this committee
should be eliminated from the Franchise Agreement.
Section 7.1 Amendment of Franchise Agreement. The proposed changes are
acceptable.
Section 7.2 Conflict Between Ordinance and Agreement. Your proposed language is
acceptable so long as it is clarified that Grantee accepts all terms of the Ordinance as presently
drafted and will not later assert a conflict between the Franchise and Ordinance unless a
subsequent amendment is incorporated. In other words, if a conflict exists tell us now or don't
raise it later as a defense. We all should review the documents and if acceptable agree to be
bound thereby for the full franchise term. Moreover, the following language must be eliminated:
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25. 1997
Page 8
"and in all cases shall not act in a manner ~1/hich materially impairs or affects the
rights and/or privileges granted to Grantee pursuant to the Ordinance or the
Franchise Agreement. "
Section 7.3 Force Majeure. We do not understand why Grantee cannot provide advance
written notice once it has discovered an event which will prevent its performance of the
franchise.
Exhibit B. We look forward to receiving a proposed alternative fee payment worksheet
from your office for our review.
Exhibit C. Your proposed changes are acceptable.
Exhibit D. The annual performance review checklist will need to be modified based on
our agreements on the above-referenced open issues.
Exhibit F. The changes made to this exhibit should be reviewed in light of the
discussion which took place at your office on September 18, 1997. I believe you and I agreed to
review state law and determine whether the number of access channels can be modified to
perhaps eliminate a public access channel from a neighboring jurisdiction. Please review
S 238.084. subd. 3(a)(5) as I believe that provision will provide Wayzata the flexibility it is
looking for.
Jane, in addition to the comments outlined above, I note the following issues which you
and 1 will need to discuss relating to the franchise documents in the City of Wayzata. I believe
some or all of these issues were raised during our meeting in your office on September 18, 1997.
1. The City remains very concerned about the ability of the cable system to keep pace with
future technological developments in the cable industry. The City recognizes and appreciates
Triax's commitment to bring the presently antiquated system up to state of the art with its
present system upgrade proposal. However, to the extent a long term franchise agreement is
required. the City desires some language which will ensure that Triax will maintain the
system to a level equal to other neighboring jurisdictions.
When the system was first constructed in the 1980's it was at that time quite adequate to meet
the City's needs. As time progressed, however, the system rapidly fell behind neighboring
jurisdictions and for the last several years has been woefully out of date and riddled with
technical problems. The City wants to ensure that these same problems will not reoccur
towards the end of the next franchise term. Therefore I hope to work with you to develop
some type of franchise language which will ensure that this concern is addressed perhaps
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25, 1997
Page 9
through a level playing field requirement with neighboring jurisdictions or a similar
prOViSion.
2. To the extent a long term agreement is required the City must consider whether the PEG
access equipment it will purchase with the grant money provided by Triax will continue to be
in usable condition at the end of the franchise term. In other words, the City is quite
confident that the equipment it purchases with Triax's access support funds over the next
several years will be adequate for a ten (10) year franchise. However, if a franchise of a
greater length is required this equipment may require replacement over the last 1/3 of the
franchise. Input from Triax will be helpful to the City as it assesses the anticipated useful life
of the equipment which it may purchase with the access operating funds.
3. At our meeting in your office we discussed Triax's ability to commit to an on time policy for
subscriber installations similar to NCT A's on time policy. Some language or agreement must
be reached on this issue to ensure that Wayzata residents will receive the prompt installation
services which Triax has committed to provide.
4. The City is very concerned that the issues raised by the school district are met. I believe you
have a copy of correspondence that the City received from the school district. I am in the
process of contacting appropriate school district representatives to obtain further clarification
regarding those matters and will relay any new information on to you as soon as it becomes
available.
5. Lastly, I need to discuss \vith you the issue of Triax leasing excess capacity on its system to
other third parties. To the extent Triax were to enter into a lease agreement and generate
revenue, will this revenue be considered "gross revenues" and therefore require Triax to remit
a franchise fee? We need to clarify between us whether you believe the franchise documents
will allow, for example, a competitive access provider to obtain access to Wayzata's rights of
way through Triax's system thereby circumventing any applicable right of way ordinance the
City may have in place.
I hope this review of your proposed revisions is helpful to clarify the City's position. I
look forward to working with you to arrive at mutually acceptable language and presenting to the
City franchise documents for their review and consideration. Please contact me at your
convenience to arrange a mutually convenient time to continue our discussions. Please also note
that I have drafted a separate letter to the Cities of Chanhassen, Mound and Waconia to clarify
the status of the Wayzata negotiations and will share documents with those communities to keep
them updated on the process. I do not believe it will be necessary to duplicate negotiations on
many of these provisions for those communities and therefore must keep them appraised of our
progress in Wayzata.
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
Ms. Jane Bremer
September 25, 1997
Page 10
If you should have any immediate questions please feel free to contact me.
Very truly yours,
MOSS & BARNETT,
A Professional Association
~~f~
Brian T. Grogan
BTG/slo
133710/2v6601 !.doc
cc Mr. Dave Fnschmon (via facsimile)
CABLE TELEVISION FRANCHISE AGREEMENT
W A YZA T A, MINNESOTA
[DATE]
Prepared by:
Brian T. Grogan, Esq.
MOSS & BARNETT
A Professional Association
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4129
(612) 347-0340
TABLE OF CONTENTS
SECTION 1. GENERAL PROVISIONS ................ ......... ..... ............ .... .... ............................ ..........4
1.1) Definitions................................................................................................................4
1.2) Written Notice........... ............................... ............................................................. ...4
SEcn ON 2. RENEWAL OF FRANCHISE.. ......................................... ........................................5
2.1) Grant. ....................................................................................................................... 5
2.2) Right of Grantor to Issue and Renew Franchise. .....................................................5
2.3) Effective Date of Renewal. ......................................................................................5
2.4 ) Term. ........................................................................................................................ 6
2.5) Franchise Not Exclusive. .........................................................................................6
2.6) Conflict with Cable Ordinance. ............................ ...................................................6
2.7) Ownership of Grantee. ...... ................................................................ ...... .................6
SECTION 3. GENERAL REQUIREMENTS................................................................................. 6
3.1 )
3.2)
'" "')
-'.-'
3.4)
3.5)
3.6)
3.7)
3.8)
3.9)
3.10)
3.11 )
3.12)
Governing Requirements. ........................................................................................6
Franchise Fee. ..........................................................................................................6
Not Franchise Fees................................................................................................... 7
Recovery of Processing Costs. .............................. ................ ........ ...........................8
Liability Insurance. .................................................................................................. 8
Indemnification. ....................................................................................................... 9
Grantee's Insurance................................................................................................I 0
Workers' Compensation Insurance. .......................................................................10
Security Fund. ....................................................................................................... .11
Procedure for Enforcing Franchise Agreement......................................................] 1
Reservation of Rights........................................................................................... ..12
Annual Report...................................................................................................... ..12
SECTION 4. S YSTEM UPGRADE............................................................................................. .13
4.1 ) Upgrade. ............................... ......................... ........................................................ .13
4.2) Emergency Alert Capability. ................................................................................ .14
4.3) Parental Control Lock. .................................................... ..................................... ..14
4.4 ) Technical Standards. ...................................... ............... ........................................ .14
4.5) Right of Inspection................................................................................................ .15
4.6) Periodic Evaluation. Review and Modification. ....................................................] 5
2.
SECTION 5. SERVICES AND PROGRAMMING......................................................................16
5.1) Services and Programming. ................................................................. ........... .......16
5.2) Leased Channel Service................ ....... ......................................... ....................... ..16
SECTION 6. SUPPORT FOR LOCAL CABLE USAGE ............................................................17
6.1) PEG Access Operating Costs. ................................................................................17
6.2) Grantee Support for PEG Usage. ...........................................................................18
6.3) Compliance with Federal Law. ....... ......... ................................................. ...... .... ...18
SECTION 7. REGULATION ........................................................................................................19
7.1 )
7.2)
7.3)
Franchise Regulation. ...................... ......... ....... ...... ....... ................................. ....... .19
Force Majeure. ....... ................................................................................................1 9
Rate Regulation. ........ .................... ..... ....... .... ....... .... .................... ......... ................ .19
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
GRANTEE'S OWNERSHIP INFORMATION
FRANCHISE FEE PAYMENT WORKSHEET
CORPORATE GUARANTEE
ANNUAL PERFORMANCE REVIEW CHECKLIST
SERVICES OFFERED BY GRANTEE
GRANTEE COMMITMENT TO PEG ACCESS FACILITIES
AND EQUIPMENT
SERVICE TO PUBLIC FACILITIES
PUBLIC BUILDINGS TO BE PROVIDED WITH FREE CABLE
DESCRIPTION OF SYSTEM UPGRADE
EXHIBIT F-1
EXHIBIT F-2
EXHIBIT G
3.
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT (hereinafter the "Agreement"). made and entered
into this day of , 19_, by and between the City_of Wavzata, a
municipal corporation of the State of Minnesota (hereinafter the "City" or "Grantor"), and Triax
Midwest Associates, L.P. (hereinafter the "Grantee").
WITNESSETH
WHEREAS, pursuant to Ordinance No. (the "Ordinance"), the City is
authorized to grant and renew one or more nonexclusive revocable Franchises to operate,
construct, maintain and reconstruct a cable television system within the City; and
WHEREAS, the City, after due evaluation of the Grantee's technical ability, financial
condition and legal qualifications, and after public hearings, has determined that it is in the best
interest of the City and its residents to renew the Franchise held by the Grantee.
NOW, THEREFORE, in consideration of the foregoing premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
SECTION 1.
GENERAL PROVISIONS
1.1) Definitions.
Capitalized terms used in this Agreement shall be defined as set forth in the Ordinance
unless (i) otherwise defined herein, or (ii) the context otherwise requires.
1.2) Written Notice.
All notices, reports or demands required or permitted to be given under this Agreement
and/or the Ordinance shall be in writing and shall be deemed to be given when delivered
personally to the party designated below, or when five (5) days have elapsed after it has been
deposited in the United States mail in a sealed envelope, with registered or certified mail, postage
prepaid thereon, or on the next business day if sent by express mail or nationally recognized
overnight air courier addressed to the party to which notice, report or demand is being given, as
follows:
If to City:
4.
If to Grantee: Regional Manager
Triax Cablevision
212 - 15th Avenue NE
Suite 2010
Waseca, MN 56093
Such addresses may be changed by either party upon notice to the other party given as provided
in this Section.
SECTION 2.
RENEWAL OF FRANCHISE
2.1) Grant.
Upon acceptance of this Franchise bv Grantee. t+he Franchise granted pursuant to
Ordinance No. . passed and adopted on the _ day of . 19
to, Triax Midwest Associated. L.P.. and no's held by Grantee, is hereby replaced and superseded
renev,ed in accordance v;ithbv the provisions of the Ordinance, subject to the terms and
conditions of this Agreement. Thise Franchise, as renewed hereby provides Grantee with the
authority, right and privilege to construct, reconstruct, operate and maintain a Ceable Itelevision
System to provide Cable Services \vithin the Franchise Area.
2.2) Right of Grantor to Issue and Renew Franchise.
Grantee acknowledges and accepts the right of Grantor to issue and/or renew the
Franchise under the law as it existed on the Effective Date hereof and Grantee agrees that it shall
not now or at any time hereafter challenge any lawful exercise of this right by Grantor in any
local. State or Federal court.
') "')
-.-'
Effective Date of Renewal.
The renewal of the Franchise provided for in this Agreement shall be effective on the date
that both parties have executed this Agreement (the "Effective Date"), provided that said date is
no later than thirty (30) days after the date the City Council, by Resolution, approves this
Agreement (the "Approval Date"). The renewal of the Franchise provided for in this Agreement
is further contingent upon the filing by Grantee with the City Clerk of the City, of this
Agreement duly executed by Grantee together with the security fund and insurance certificates
provided for in this Agreement and the Ordinance, except that if such filing does not occur
within sixty (60) days after the Approval Date, the Grantor may, in its sole discretion, declare the
renewal of the Franchise provided for herein to be null and void.
2.4) Term.
The term of the Franchise renewed pursuant to this Agreement shall be for the period of
fifteen _( 15 ) years commencing on the Effective Date, at which time it shall expire
5.
and be of no force or effect unless the Franchise is then renewed in accordance with the
Ordinance and Applicable Laws.
2.5) Franchise Not Exclusive.
The Franchise renewed pursuant to this Agreement shall not be construed as limiting the
right of Grantor, through its proper offices, and in accordance with the Ordinance and Applicable
Law, to grant other Franchises similar to or containing rights, privileges or authority different
from the rights, privileges and authority herein set forth, in the same Franchise Area the Grantee
is entitled to occupy by this Agreement, permit or otherwise; provided, however, that such
additional grants shall not operate to materially modify, revoke or terminate any rights granted to
Grantee herein and shall be in accord with the provisions of the Ordinance.
2.6) Conflict \""ith Cable Ordinance.
The provisions of the Ordinance are hereby incorporated herein by reference as if set out
herein in full, and form part of the terms and conditions of this Agreement. In event of any
conflict between the terms and conditions of this ,\greement and the pro'.'isions of the Ordinance,
the provisions of the Ordinance shall control.
2.6) Ownership of Grantee.
Grantee represents and warrants to Grantor that the names of the shareholders, partners,
members or other equity owners of the Grantee and of any of the shareholders, partners,
members and/or other equity owners of Grantee are as set forth in Exhibit A hereto.
SECTION 3.
GENERAL REQUIREMENTS
3.1) Governing Requirements.
Grantee shall comply with all lawful requirements of this Agreement, the Ordinance and
Applicable Laws.
..., I)
.).-
Franchise Fee.
(a) In consideration of the renewal of the Franchise provided for herein, the Grantee
shall, at all times during the term of this Agreement, pay to Grantor a Franchise Fee of five
percent (5%) of Grantee's Gross Revenues as defined in the Ordinance but excluding anv Access
Operating: Fee funds collected. The Franchisee Fee shall be payable quarterly within thirty (30)
days of the expiration of the preceding calendar quarter. Each payment shall be certified bv an
officer of Grantee and shall be accompanied by a report in such form as the City may reasonably
request showing the computation of the Franchise Fee as it relates specificallv to the Wavzata
franchise area (CUID # MN0569) for the preceding calendar quarter and such other relevant facts
6.
as may be required by the City, including the completion of a Franchise Fee Payment Worksheet
in the form attached hereto as Exhibit B.
"'\ "'\1
-'.-'
Not Franchise Fees.
(b) Grantee acknowledges and agrees that except for the Franchise Fee e~~pressly
provided for in Section 3." hereof, none of the payments or contributions to be made by, or the
Services, equipment, facilities, support, resources or other activities to be provided or performed
by Grantee at the direction of the City or othenvise pursuant to this ,^~greement, the Ordinance, or
otherwise in connection with the construction, operation, maintenance or upgrade of the System
(including specifically, but not by way oflimitation, such payments, contributions, Services,
equipment, facilities, support, resources or other activities described in or pro'.'ided for in this
Agreement and the E~~hibits hereto and/or in the Ordinance) shall be franchise fees chargeable
against the Fr~mchise Fees payable by Grantee to the City pursuant to Section 3.2 hereof.
(b) Grantee acknov.ledges and agrees that except for the Franchise F ees e~~pressly
provided for in Section 3./ hereof, each of the payments and contributions to be made by, or the
Services, equipment, facilities, support, resources or other activities to be provided or performed
by the Grantee pursuant to this .^.greement, the Ordinance or othern'ise, are within the e~;clusions
from the term "franchise fcc" set forth in Section 622 of the Cable .^.ct (17 U.S,c. ~ 512),
(b) Grantee ackno'....ledges and agrees that the Franchise Fees payable by Grantee to
the City pursuant to Section 3,2 hereof shall take precedence over all other payments,
contributions. Services, equipment. facilities, support, resources or other activities to be provided
or performed by the Grantee pursuant to this ,^.greement and/or the Ordinance and that the
Franchise Fees provided for in Section 3." of this ,^~greement shall not be deemed to be in the
nature of a ta~~. and shall be in addition to any and all tm;es of general applicability and other fees
and charges v..hich the Grantee shall be required to pay to the City and/or to any other
GO\'Cfnmental .^~uthority, all of v;hich shall be separate and distinct obligations of Grantee.
(b) Grantee shall not apply or seek to apply or make any claim that all or any part of
the Franchise Fees or other payments or contributions to be made by Grantee to Grantor pursuant
to this .^.greement and/or the Ordinance shall be deducted from or credited or offset against any
ta~,es. fees or assessments of general applicability levied or imposed by the City or any other
Governmental .^.uthority, including any such tax, fee or assessment imposed on both utilities and
cable operators or their services.
(b) Grantee shall not apply or seek to apply all or any part of any taxes, fees or
assessments of general applicability levied or imposed by the City or an)' other Governmental
/\uthority (including any such ta~~, fee or assessment imposed on both utilities and cable
operators or their services) as a deduction or other credit from or against any of the Franchise
Fees or other payments or contributions to be paid or made pursuant by Grantee to Grantor to
this ,^.greement and/or the Ordinance, each of which shall be deemed to be separate and distinct
obligations of the Grantee.
7.
(b) In the event Grantee applies or seeks to apply all or any part of any Franchise Fees
or other payments or contributions to be paid or made by Grantee to Grantor pursuant to this
,^.greement and/or the Ordinance as a deduction or other credit from or against any taxes, fees or
assessments of general applicability levied or imposed by the City or any other Governmental
,^.uthority, or in the event that Grantee applies or seeks to apply all or any part of the amount of
such taxes, fees or assessments as a deduction or other credit from or against said Franchise Fees
or other payments or contributions, regardless of whether any Goyernmental .\uthority sustains
the validity or propriety of said deductions or other credits, then, in any such e':ent, the City may
terminate this .\greement pursuant to Section 1.30 of the Ordinance and Section 3.1 0 hereof
without any liability or compensation to the Grantee.
.., "'1
J.J
Recovery of Processing Costs.
(b) During the term of this .\greement, if the Grantee initiates a request for approval
regarding the transfer of this Franchise or a change in control of the Grantee, the Grantee shall
reimburse the Grantor for all reasonable out of pocket costs, including attorneys' and
consultants' fees and costs, incurred by the Grantor in connection '~'ith Grantor's re':iew and
processing of Grantee's request.
(b) To aid in the analysis and resolution of any future disputed matters relative to this
,\greement the Grantor and Grantee may, by mutual ".Titten agreement (both as to v.'hether to
hire and whom to hire), employ the services of technical, financial and/or legal consultants, as
mediators. /\11 reasonable fees of the consultants incurred by the Grantor and/or the Grantee in
this regard shall, unless the parties otherwise agree, be borne equally by Grantor and Grantee.
(b) Grantee acknowledges and agrees that the Franchise Fees pavablepayabale by
Grantee to the City pursuant to Section 3.2 hereof shall take precedence over all other payments,
contributions, Services, equipment, facilities, support, resources or other activities to be provided
or performed by the Grantee pursuant to this Agreement and/or the Ordinance.
.., ..,)
J.J
Liability Insurance.
(a) Upon the Effective Date, the Grantee shall, at its sole expense and in addition to
all required insurance under Section 1.27 of the Ordinance, take out and maintain during the term
of this Agreement public liability insurance with a company licensed to do business in the State
of Minnesota with a rating by A.M. Best & Co. of not less than "A" that shall protect the
Grantee, the Grantor and their officials, officers, directors, employees and agents from claims
which may arise from operations under this Agreement, whether such operations be by the
Grantee, its offi~ials, officers, directors, employees and agents or any subcontractors of Grantee.
This liability insurance shall include, but shall not be limited to, protection against claims arising
from bodily and personal injury and damage to property, resulting from Grantee's vehicles,
products and operations. The amount of insurance for single limit coverage applying to bodily
and personal injury and property damage shall not be less than Two Million Dollars
($2.000.000.00). The following endorsements shall attached to the liability policy:
(1) The policy shall provide coverage on an "occurrence" basis.
8.
(2) The policy shall cover personal injury as well as bodily injury.
(3) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier's
standard endorsement as to bodily injuries, personal injuries and property
damage.
(4) Broad form property damage liability shall be afforded.
(5) The Grantor shall be named as an additional insured on the policy.
(6) An endorsement shall be provided which states that the coverage is
primary insurance and that no other insurance maintained by the Grantor
will be called upon to contribute to a loss under this coverage.
(7) Standard form of cross-liability shall be afforded.
(8) An endorsement stating that the policy shall not be canceled without thirty
(30) days notice of such cancellation given to the Grantor.
(b) Grantor reserves the right to adjust the insurance limit covera;e requirements of
this .^.greement no more often than once every three (3) years. .^.ny such adjustment by the
Grantor ,....,ill be no greater than the increase in the State of Minnesota Consumer Price Inde~~ (all
consumers) for such three (3) year period.
(b) Grantee shall submit to Grantor documentation of the required insurance,
including a certificate of insurance signed by the insurance agent and companies named, as well
as all properly executed endorsements.
(c)
Grantor.
.^.ny deductible or self insured retention must be disclosed to and approved by
3.4) Indemnification.
(a) In addition to Grantee's indemnification obligations under Section 1.26 of the
Ordinance, Grantee shall indemnify, defend and hold Grantor, its officers, boards, commissions,
agents and employees (collectively the "Indemnified Parties") harmless from and against any and
all lawsuits, claims, causes of action, actions, liabilities, demands, damages, judgments,
settlements, disability, losses, expenses (including attorney's fees and disbursements of counsel)
and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or
incur arising out of, based upon or in any way connected with the Grantee's operations, the
exercise of the Franchise renewed pursuant to this Agreement, the breach by Grantee of its
obligations under this Agreement or the Ordinance and/or the activities of Grantee, its
subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall
indemnify, defend and hold the Indemnified Parties harmless from and against any and all
9.
matters relative to payment of Grantee's employees, including compliance with Social Security
and withholdings.
(b) The indemnification obligations of Grantee set forth in this Agreement are not
limited in any way by the amount or type of damages or compensation payable by or for Grantee
under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance
certificates required under this Agreement, or the terms, applicability or limitations of any
insurance held by Grantee.
(c) Grantor does not, and shall not, waive any rights against Grantee which it may
have by reason of the indemnification provided for in this Agreement, because of the acceptance
by Grantor, or the deposit with Grantor by Grantee, of any of the insurance policies described in
this Agreement.
(d) The indemnification of Grantor by Grantee provided for in this Agreement shall
apply to all damages and claims for damages of any kind suffered by reason of any of the
Grantee's operations referred to in this Agreement, regardless of whether or not such insurance
policies shall have been determined to be applicable to any such damages or claims for damages.
(e) Grantee shall not be required to indemnify Grantor for negligence or misconduct
on the part of Grantor or its officials, boards, commissions, agents, or employees. Grantor shall
hold Grantee harmless. subiect to the limitations in Minnesota Statutes Chapter 466, for any
damage resulting from the negligence or misconduct of the Grantor or its officials, boards,
commissions, agents, or employees in utilizing any PEG access channels, equipment, or facilities
and for any such negligence or misconduct by Grantor in connection with \vork performed by
Grantor and permitted by this Agreement, on or adjacent to the Cable System.
(f) The Grantee's indemnification obligations under this /.greement shall survive the
expiration, cancellation or termination of this Agreement.
3.5) Grantee's Insurance.
Grantee shall not commence any Cable System reconstruction work or permit any
subcontractor to commence work until all insurance required under this Agreement and the
Ordinance has been obtained. Said insurance shall be maintained in full force and effect until the
expiration of this Agreement.
3.6) Workers' Compensation Insurance.
Grantee shall obtain and maintain Workers' Compensation Insurance for all of Grantee's
employees, and in case any work is sublet, Grantee shall require any subcontractor similarly to
provide Workers' Compensation Insurance for all of their employees, all in compliance with
State laws. and to fully indemnify the Grantor from and against any and all claims arising out of
occurrences on the work. Grantee hereby indemnifies Grantor for any and all costs, expenses
(including attorneys' fees and disbursements of counsel), damages and liabilities incurred by
Grantor as a result of any failure of either Grantee or any subcontractor to take out and maintain
10.
such insurance. Grantee shall provide the Grantor with a certificate of insurance indicating
Workers' Compensation coverage on the Effective Date.
3.7) Security Fund.
(a) Within sixty (60) days of the Approval Date, Grantee shall establish and provide
to Grantor a security fund, as security for the full and timely payment and performance by
Grantee of all of its obligations under this Agreement and the Ordinance. The security fund shall
consist of two (2) parts. The first part shall be in the amount of One Hundred Thousand Dollars
($100,000) and shall either be in the form of a performance bond, or a corporate guarantee and
which shall be in a form acceptable to Grantor's City Attorney, and essentially similar to the
example provided in Exhibit C. The second part shall be in the amount of at least FiveTwenty
Thousand Dollars ($2-G2,000) and shall either be in the form of an irrevocable letter of credit, or a
cash deposit established in a local bank in an interest-bearing account payable to the order of
Grantor as trustee for Grantee, with all interest distributed to the Grantee.
(b) The first part of the security fund shall be maintained at the One Hundred
Thousand Dollar ($100,000) level until the System upgrade and/or rebuild provided for in
Section 4.1 hereof is completed, at which time that part of the fund shall be released, provided
there are then no outstanding material violations or breaches of this Agreement or the Ordinance
by Grantee. The second part of the security fund shall be maintained at the FiveTwenty
Thousand Dollar ($2-G2,000) level~ throughout the term of this l\greement.
(c) The security fund may be drawn upon by Grantor for those purposes specified in
Section 3.10(d) hereof, in accordance with the procedures of Section 3.10, as the case may be,
provided that Grantee has received written notice and thirty (30) days after receipt of such notice
to cure any material violations or breaches prior to any assessment. l'.S Ion; as the Grantor
follows the procedures specified herein for utilizing and/or v~'ithdrawing funds from said security
fund, Grantee shall not initiate litigation or non Cit). administrative action to prevent or impair
Grantor from accessing those funds. Grantee's recourse, in the event Grantee believes that
Grantor's actions in taking any security funds is improper, shall be throu;h legal action after the
security has been drawn upon. If the Grantor's action is found to be improper by any court or
agencJ' of competent jurisdiction, Grantee shall only be entitled to a refund of the funds plus
interest.
(d) Nothing herein shall be deemed a v.-ai'.-er of the normal pern1it and bonding
requirements made of all contractors working within the City's ri;hts of \vay.
3.8) Procedure for Enforcing Franchise Agreement.
(a) The procedures for enforcing violations or breaches of this Agreement and/or the
Ordinance shall be consistent with the procedures set forth in the Ordinance. In the event of an
alleged violation or breach of this Agreement and/or the Ordinance by Grantee, Grantor, by
action of the City CouncilClerk or a dc1e;atc, shall first give notice to Grantee of the violation or
breach, and demand that Grantee cure the same within a reasonable time, which shall not be less
than ten eli-O) days in the case of the failure of the Grantee to pay any sum or other amount due
11.
the Grantor under this Agreement or the Ordinance, and thirty (30) days in all other cases. If
Grantee fails to cure the violation or breach to the Grantor's reasonable satisfaction within the
time prescribed or if Grantee fails to commence corrective action within the time prescribed and
diligently proceed to cure such violation or breach thereafter, the Grantee shall then be given a
written notice of not less than fourteen (14) days ofa public hearing to be held before the
Council. Said notice shall specify the violations or breach alleged to have occurred.
(b) At the public hearing, the Council shall hear and consider all relevant evidence,
and thereafter render findings and its decision.
(c) In the event the Council finds that Grantee has cured the violation or breach or has
diligently commenced correction of such violation or breach after notice thereof from Grantor
and is diligently proceeding to fully remedy such violation or breach, or that no material
violation or breach has occurred, the Council shall terminate the hearing and no penalty or other
sanction shall be imposed against Grantee. In determining whether a violation or breach is
material, Grantor shall take into consideration the reliability of the evidence of the violation or
breach, the nature of the violation or breach and the damage, (if any) caused or likely to be
causeg thereby to the Grantor, the City's residents or Subscribers, whether the violation or breach
was chronic, any justifying or mitigating circumstances and such other matters as the Grantor
may deem appropriate.
(d) In the event the Council finds that a material violation or breach exists and that
Grantee has not cured the same in a satisfactory manner, has not diligently commenced
correction of such violation or breach or has not diligently proceeded to fully remedy such
violation or breach, the Council may terminate this /\greement or impose liquidated damages,
assessable from the security fund, of up to OneFP.:e Hundred Dollars ($1~00) per day or per
incident, for unexcused violations or breaches of the System upgrade and/or rebuild completion
schedule provided in Section 4.1 herein, and up to FiftvThrec Hundred Dollars ($50JOO) per day
or per incident for all other violations or breaches of this Agreement and/or the Ordinance,
provided that all violations or breaches of a similar nature occurring at the same time shall be
considered one (1) incident.
3.9) Reservation of Rights.
Grantor and Grantee reserve all rights that they may possess under Applicable Laws
unless expressly waived herein.
3. I 0) Annual Report.
In addition to the requirements of Section 1.20 and 1.29 of the Ordinance, Grantee shall
submit a written end of the year report to Grantor utilizing the format outlined in the Annual
Performance Review Checklist attached hereto as Exhibit D. In addition, Grantee and Grantor
agree that the Annual Performance Review Checklist may be modified from time to time by
Grantor. in its sole discretion, to incorporate additional issues and topics for comment by
Grantee. In accordance with Section 1.18 of the Ordinance, Grantee shall also provide Citv with
12.
a quarterly customer service compliance report utilizing the format outlined in Exhibit I attached
hereto.
SECTION 4.
DESIGN PROVISIONSYSTEM UPGR.\DE
4.1) Minimum Channel Capacitv.Upgrade.
(a) Grantee shall provide a System which is capable of delivering a minimum of
eil!htv channels (80) Channels within two (2) years of the Effective Date of this Ordinance.
(b) All programming decisions remain the sole discretion of Grantee provided that
Grantee complies with federal law regarding notice to City and Subscribers prior to any channel
additions. deletions. or realignments. and further subiect to Grantee's signal carriage obligations
pursuant to 47 U.S.c. ~~ 531-536. and subiect to City's rights pursuant to 47 U.S.C. ~ 545.
Grantee shall conduct prol!ramming surveys from time to time to obtain input on prol!ramming
decisions from Subscribers.
4.2) System Desil!n.
The System required herein will be engineered and built to provide a minimum of eighty
(80) channels using a bandwidth technologv or compression technologv in the discretion of
Grantee. Grantee shall meet with City to review its system design and construction plans prior to
the commencement of construction and shalL at the request of City. participate in a public
meeting desil!ned to inform residents of City of said design and construction plans. In those
residential areas where fiber optic cable is deploved. the system shall incorporate multiple
strands of fiber and serve an average of five hundred (500) homes per fiber node. The System
shall at all times meet the technical standards established bv the FCC as they may be amended
from time to time and shall be operated so as to minimize disruption of sil!nal to Subscribers.
4.3) Operation and Maintenance of SYstem.
The Grantee shall render effective service. make repairs promptlv. and interrupt service
onlv for I!ood cause and for the shortest time possible. Such interruption. to the extent feasible.
shall be preceded bv notice in accordance with Section 1.2 herein and shall occur during periods
of minimum use of the System.
4.4) Special Testing.
City may require special testing of a location or locations within the System if there is a
particular,matter of controversy or unresolved complaints pertaining to such location(s).
Demand for such special tests may be made on the basis of complaints received or other evidence
indicatinl! an unresolved controversy or noncompliance. Such tests shall be limited to the
particular matter in controversy or unresolved complaints. The City shall endeavor to so arranl!e
its request for such special testing so as to minimize hardship or inconvenience to Grantee or to
13.
the Subscribers caused by such testing. Before ordering such tests. Grantee shall be afforded
thirty (30) days to correct problems or complaints upon which tests were ordered. The Citv shall
meet with Grantee prior to requiring special tests to discuss the need for such and. if possible.
visually inspect those locations which are the focus of concern. If. after such meetings and
inspections. City wishes to commence special tests and the thirty (30) days have elapsed without
correction of the matter in controversy or unresolved complaints. the tests shall be conducted bv
a qualified engineer selected by City. In the event that special testing is required by City to
determine the source of technical difficulties. the cost of said testing shall be borne bv the
Grantee if the testing reveals the source of the technical difficulty to be within Grantee's
reasonable control. If the testing reveals the difficulties to be caused by factors which are bevond
Grantee's reasonable control then the cost of said test shall be borne by City.
4.5) FCC Reports.
The results of tests required to be filed by Grantee with the FCC shall also be copied to
City.
Grantce shall immediately take all necessary steps to upgrade and/or rebuild, as
appropriate, the e)~isting Cable System with a capacity of at least eighty (80) video channels
(corresponding to an upper operating frequency of Se','en Hundred Fifty Megahertz (750 MHz).
Such Cable System upgrade and/or rebuild shall be completed no later than November 30, 1998
and shall conform to the specifications of EKhibit G.
4.6) Emergency Alert Capability.
Grantee shall at all times complv with all Applicable Laws regarding the provision of
emem:encv alert services. Grantee shall immediately provide the System capability to transmit an
emcrgency alert signal to all participating Subscribers, in the form of an audio override capability
to permit Grantor to interrupt and cablecast an audio message on all Channels simultaneously in
the e';ent of disaster or public emergency.
4.7) Parental Control Lock.
Grantee shall provide, for sale or lease, to Subscribers, upon request, a parental control
locking device or digital code that permits inhibiting the video and audio portions of any
Channels offered by Grantee.
4.8) Technical Standards.
Grantee shall, at a minimum, comply at all times with all applicable Federal
Communications Commission (FCC) Rules and Regulations, including but not limited to.
Part 76. Subpart K (Technical Standards), as may be amended from time to time.
14.
4.9) Right of Inspection.
Grantor shall have the right to inspect all construction, reconstruction or installation work
performed by Grantee under the provisions of this Agreement and Applicable Laws, to ensure
Grantee's compliance and to protect the health, safety and welfare of Grantor's citizens.
4.10) Periodic Evaluation, Review and Modification.
Grantor and Grantee acknowledge and agree that the field of cable television is a
relatively new and rapidly changing one which may see many regulatory, technical, financial,
marketing and legal changes during the term of this Agreement. Therefore, in order to provide
for the maximum degree of flexibility in this Agreement, and to help achieve a continued,
advanced and modem Cable System, the following evaluation provisions will apply:
(a) The City reserves the right to adopt rules and regulations controlling the
procedures as set forth below and the subjects for evaluation sessions. In the absence of any City
action taken to exercise these rights, Grantee shall be subject to the procedures and the subjects
described in this Section 4.l.Q9.
(b) The City may require, in its sole discretion, that the Grantee participate in
evaluation sessions with the City at any time and from time to time during the term of this
Agreement; provided, however, there shall not be more than one (1) evaluation session during
any calendar year.
(c) Topics which may be discussed at any evaluation session include, but are not
limited to. rates, channel capacity, the System performance, programming, PEG access,
municipal uses of the System, Subscriber complaints. judicial rulings, FCC rulings and any other
topics the City or Grantee may deem relevant.
(d) During an evaluation session, Grantee shall fully cooperate with the City and shall
. I provide without cost and in a timelv manner such information and documents as the City may
request to perform the evaluation.
(e) If at any time during its evaluation, the City determines that reasonable evidence
exists of inadequate System performance, the City may require Grantee to perform tests and
analyses directed to,;.ard such suspected inadequacies at Grantee's expense. Grantee shall fully
cooperate v..ith the City in performinf; such testing and any report prepared by Grantee shall
include at least:
(1) a description of the problem in the System performance v..hich precipitated
the special tests;
(1) the System component tested;
(1) the equipment used and procedures employed in testing;
15.
(1) the method, if any, by which the System performance problem was
resolved; and
(1) any other information pertinent to said tests and analyses which may be
required by the City, or determined when the test is performed.
(e) If after recei'.'in; Grantee's report, the City determines that reasonable evidence
still exists of inadequate System performance, the City may enlist an independent engineer. at
Grantee's expense, to perform tests and analyses directed to'n'urd such suspected inadequacies.
(e) As a result of an evaluation session, the City or Grantee may determine that an
amendment in the terms of this Agreement may be required, that the requirements of the System
or this Agreement should be updated, changed or revised, and/or that additional services should
be provided by Grantee (collectively a "Proposed Modification"). If the Proposed Modification
is consistent with the terms of this Agreement, the Ordinance, the needs of the City and existing
state-of-the-art technology, including what is provided by Grantee in other Systems owned,
operated or managed by it, its parent company or any affiliated company, Grantee and the City
will, in good faith, review the terms of the Proposed Modification and consider amending this
Agreement accordingly.
SECTION 5.
SERVICES AND PROGRAMMING
5.1) Services and Programming.
Grantee shall provide Grantor with a list of programming services and other services
offered, which list shall be attached hereto as Exhibit E (the "Services List"). The Services List
shall include all applicable charges and pricing schedules. The Services List shall be updated
each time a change is made by Grantee. Grantee shall not alter the number of program services
or other services without thirty (30) days prior written notification to the Grantor and System
Subscribers.
5.2) Leased Channel Service.
Grantee shall offer leased channel service on reasonable terms and conditions and in
accordance with Applicable Laws.
5.3) Periodic Subscriber Survey.
(a) Commencing in 1998 and at least every three (3) years thereafter. Grantee shall.
no earlier than (90) days and no later than thirty (30) davs prior to submitting the annual report
required pursuant to Sections 1.20 and 1.29 of the Ordinance. conduct a written random survey
of City Subscribers in a form and manner approved by the City. Each survev shall be prepared
and conducted in good faith so as to present reasonably reliable measures of Subscriber
satisfaction with:
16.
(1)
- (2)
(3)
si{!nal qualitv:
Grantee' response to Subscriber complaints:
billing practices:
(4)
(5)
program services: and
installation practices.
(b) The survev shall be conducted in conformity with such requirements. inc\udin~
supervision and review of returned survevs. as the City mav from time to time prescribe.
Grantee may satisfv the requirements of this Section 5.3 through a telephone survev conducted
bv an independent Person in the business of regularly conducting telephone surveys.
(c) As a part of each annual report. Grantee shall provide the City with the results of
any survey conducted and shall report in writing what steps Grantee is taking to implement the
findings of the survey. such as correcting problems and expanding services.
SECTION 6.
PUBLIC ACCESS PROVISIONSSUPPORT FOR LGC\L C.^.BLE US,^.GE
6.1) PublIc. Educational and Government Access~ Gperatin; Costs.
(a) City or its designee is herebv designated to operate. administer. promote. and
manage access (public. education. and government programmin~) (hereinafter "PEG access") to
the cable system established pursuant to this Section 6. Grantee shall have no responsibility
whatsoever for PEG access except as expressly stated in this Section 6.
6.2) Grantee Support for PEG Usage.
In accordance with the provisions of the Cable Act and Minn. Stat. ~ 238.084, Grantor
shall determine from time to time the funding level Grantee shall provide and make available for
public, educational and governmental (PEG) access usage within the Service Area the followin{!:
operating costs, and the most appropriate Person to manage PEG access operations. .^.ny demand
by Grantor to Grantee for additional grant funds over and above that which is already specified in
Exhibit F for equipment, facilities and Channels for PEG access use shall be accompanied by an
operatin; plan ......hich delineates the use of the required funds to the extent required by Exhibit F.
6.3) Grantee Support for PEG Usage.
Gr~lI1tec shall provide the follmving support for PEG access usage ';,ithin the Ser':ice
Afea.7
17.
(a) Provision and use of the grant funds and Channels designated in Exhibit F of this
Agreement for local PEG programming and access use at no charge in accordance with the
requirements of Exhibit F.
(b) Maintenance of the PEG Access Facilities and Channels, and support of PEG
programming to the extent specified in Exhibit F of this Agreement.
(c) Provision of free public building Installation and cable service as more clearly
specified in Exhibit F, and provision oftwo-wav live cablecasting capability to the locations
specified in Exhibit F.
(d) PEG Access Facilities shall be operated by the City.
(e) The City shall form a PEG access Advisory Committee ("Committee") to oversee
all PEG access franchise obli2:ations. The committee shall oversee the direction of PEG access
and compliance with PEG access franchise requirements. The purposes of the Committee will be
to identifv community proQ:rammin2: needs: review grant applications and make necessary
recommendations reQ:ardinQ: grant funding programs: review PEG access policies and make
necessarv recommendations: recruit PEG access volunteers: and review and provide
recommendations on services to PEG access users. producers and volunteers. newsletters and
other promotions. and recognition programs.
(f) The City's cable coordinator will serve as the primary liaison between the
Committee and the Citv or its designee. Anv and all rules re2:arding PEG access and PEG access
users must be approved bv the Committee.
6.3) Compliance with Federal Law.
In entering into this ,^.greement, the Grantee expressly acknowledges and agrees that the
obligations it has undertaken in this Section 6 have been knowingly, voluntarily and intelligently
entered into and that such obligations, including the grants and/or payments to be made by
Grantee in this Section 6 will not be deemed to be "franchise fees" within the meaning of Section
622 of the Cable i\ct (17 U.S.C. ~ 512). and such obligations shall not be deemed to be (i)
"payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid
to the City by Grantee pursuant to Section 3...., hereof or (ii) part of the Franchise Fees to be paid
to the City by Grantee pursuant to Section 3.2 hereof.
SECTION 7.
REGULATION
7.1) Amendment of Franchise AQ:reement.Franchise Regulation.
Grantee and Citv may agree. from time to time. to amend this Franchise. Such written
amendments may be made subsequent to a review session pursuant to Section rl or at any other
time if City and Grantee agree that such an amendment will be in the public interest or if such an
18.
amendment is required due to changes in federal. state or local laws. Citv shall act pursuant to
local law pertaining to the ordinance amendment process.Thc Franchise renc,\ ed under this
.^.greement shall be subject to regulation by Grantor in accordance with all of the provisions of
the Ordinance.
7.2) Conflict Between Ordinance and Agreement.
In the event of any conflict between the terms and conditions of this Franchise Agreement
and the provisions of the Ordinance. the provisions of this Franchise Agreement shall control.
Grantee expresslv acknowledges and agrees that the Citv herebv retains all of its police powers
and the City may unilaterallv amend the Ordinance in the exercise of its police powers and
Grantee shall complv with said Ordinance as mav be amended; provided. however that Citv
hereby agrees to use reasonable efforts to address public health. welfare and safety needs without
resorting to amending the Ordinance and in all cases shall not act in anv manner which materially
impairs or affects the rights and/or privileges granted to Grantee pursuant to the Ordinance or the
Franchise A!:!reement.
7.3) Force Majeure.
In accordance with Section 1.31 of the Ordinance. in the event Grantee's performance of
any of the terms, conditions, obligations or requirements of this Agreement or the Ordinance is
prevented or impaired due to any cause beyond its reasonable control, such inability to perform
shall be deemed to be excused for the period of such inability and no penalties or sanctions shall
be imposed as a result thereof., provided Grantee has notified Grantor in '.'.Titing within ten (10)
dJYs of Its discovery of the occurrence of such an event. Such causes beyond Grantee's
reasonable control shall include, but shall not be limited to, acts of God, civil emergencies and
labor unrest or strikes, untimely delivery of equipment, inability of Grantee to obtain access to an
individual's property and inability of Grantee to secure all necessary permits to utilize utility
poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits.
7.4) Rate Regulation.
Nothing in this Agreement shall in any way prevent Grantor from regulating any rates
charged by Grantee. If Grantor elects to so regulate, Grantor shall follow the procedures outlined
in Section 1.19 of the Ordinance or Applicable Laws.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement the day,
month and year first above written.
CITY OF W A YZA T A, MINNESOTA
Dated:
By:
19.
ATTEST:
By:
Its:
(SEAL)
TRIAX MIDWEST ASSOCIATES, L.P.
Dated:
By:
Its:
(CORPORATE SEAL)
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on
, the of the City of
,19_, by
, on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on , 19 _, by
, the of Triax Midwest Associates, L.P. on behalf of the
Company.
Notary Public
032963901
20.
EXHIBIT A
OWNERSHIP
TRIAX MIDWEST ASSOCIATES, L.P.
is a [wholly owned subsidiary of parent name].
EXHIBIT B
(PROPOSE SUBSTITUTE)
FR.'\.NCHISE FEE P.'\. YMENT 'NORKSHEET
~
NUMBER OF GROSS FR.^.NCHISE
REVENUE SOURCE SUBSCRIBERS REVENUE F};g ~
Basic Service
Expanded Basic
Premium HBO
Premium Shov,1ime
Premium TMC
Premium Disney
Premium Encore
Pay Per Channel
Pay Per Viev..
Installation
Guides
Shoppin;; Channels
.^.dvertising Sales
Equipment Rental
.^.dministrati\'e Fees
Other Income
Gtflef
TOT.'\L
REVENUE SOURCES Il'!CLUDE:
INST.^.LL'\:TI ON:
Standard Installation
,^.dditional Outlet
FM Service
VCR
Reconnection of Service
AiB Switch
Relocation
Non Standard
Chan;e of Service
BASIC SERVICE:
Basic Service
Bulk Rates
Rcduccd Promotional Basic
P.^.Y PER VIEW:
,^.ll Movies
Events
.^.DVERTISING:
Sales
/\d Production
Production Income
Tape Duplication
Bill Stuffer
OTHER:
Returned Check F ecs
Pre wired Cablc Purchascs
Commonly occurring normal Installation
Installation on additional sets within a customer's home
Separate Installation of FM Ser'.'ice
Installation of converter to a VCR
Reconnection of cable to a customer's address
Separate Installation of an ,\/B Switch
Moving an outlet 'Nithin a customer's home
Usually Installation of a commcrcial type of an account
Charge for upgrading or switching a premium service
Rcvenue derived from basic service
Revenue derived from non standard billin;s (i.e., apt.
comple~)
Rcvenue derived from a discounted basic scrvice
Revenue derived from pay per vie,;. movies
Revcnue derived from special events (i.e., conccrts,
boxing matches, etc.)
Rcvenue generated locally, re;ionally or nationally
Re','enue generated from the production of a locally
produced commcrcial
Re,,'enue generated from the production of training
tapes, studio rentals, personnel fees, or rental income
from renting vans or equipment
Revenue generated from duplication of L.O. or access
~
Revenue ;encrated as a result of providing a bill stuffer
to an advertiser
Rcvenue generated from charges on rcturned chccb
Rcvenue gencrated from the salc of cable to individuals
^
, .ntenna Rental
^ Ig ~ .
, ., witch
Late Tape F
ee
OTHER:
DOES NOT INCLUDE:
Reimbursements
" 'Ii
,en ed ana
submitted this
who pre n -ire th .
^ _ " elr ham
,.n) reven d' e
ue en' 'ed f;
Revenue ry ,rom rentino
ReveHue ::Aeraled from sale ef ::~~~e eA lewers
h ~ Aeraled fro ..'" Swilch
ou,e lap fb m recemAO I n
e 1 rary e a ate fee fa .
r111
Revenues from the D
other ryo','ern epartment of T
eable ;y"e meAt e",ilies for maAd ;illl,portalioH or
I< m. Re"e I< a ory ..I .
or .asb ad" . Aue rom eAlpl' .: -ocaliOA' of
,ances. 0) ee relmbu
rsements
day of
, 19
TRL^.X MID\VEST ^
,.SSOCL^.TES, L.P.
By:
Its:
EXHIBIT C
CORPORATE GU,^.R.^.NTEE
THIS AGREEMENT is made this day of
("Guarantor"), the City of
("Company").
, 19 _, betv,'een
("Franchising /.uthority"). and
WITNESSETH:
'.VHERE/.S, the Franchising Authority has entered into a Franchise A;reement dated
19_ with the Company pursuant to Ordinance No. ("Franchise :\greement"),
pursuant to which the Franchising ,^.uthority has granted the Company a franchise, to ov.n,
operate, and maintain a cable television system ("System"); and
'.VHERE,'\S, Guarantor is the [indirect] parent company of the Company and has a
substantial interest in the System and the conduct of the Company in complying v,'ith the
Franchise ,'\greement and any and all amendments thereof and any agreements related thereto.
which Franchise ,'\greement and amendments are hereby specifically referred to, incorporated
herein, and made a part hereof;
\VHEREAS, Section 3.9 of the Franchise Agreement requires the Company, as principaL
to furnish a Five Hundred Thousand Dollar ($500,000) security fund to ensure the faithful
payment and perforn1ance of the Company's obligations under the Franchise /.greement; and
\VHERE/.S, the Guarantor desires to provide its anconditional ;uaranty as part of such
security fund,
NO'.V, THEREFORE. in consideration of the forego in; premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Guarantor
hereby unconditionally ;uarantees the due and punctual payment and performance of all of the
debts. liabilities and obligations of Company contained in the Franchise /.greement
("Indebtedness ").
This Agreement, unless terminated. substituted, or canceled, as provided herein. shall
remain in full force and effect for the duration of the term of the Franchise ,'\greement, e~cept as
expressly provided otherwise in the Franchise /.greement.
Upon substitution of another Guarantor reasonably satisfactory to the Franchising
,^.uthority. this ,'\greement may be terminated, substituted. or canceled upon thirty (30) days'
prior written notice from Guarantor to the Franchisin; ,^.uthority and the Company.
Such termination shall not affect liability incurred or accrued under this /.grecment prior
to the effective date of such termination or cancellation.
The Guarantor 'Nill not e:{ercise or enforce any right of contribution, reimbursement
recourse or subro~ation available to the Guarantor against the Company or any other person
liable for payment of the Indebtedness any collateral security therefor. unless and until all of the
Indebtedness shall have been fully paid and discharged.
The Guarantor 'Nill payor reimburse the Franchising ,^.uthority for all costs and expenses
(including reasonable attorneys' fees and legal expenses) incurred by the Franchising ,'\uthority
in connection with the protection, defense or enforcement of this guarantee in any arbitration,
litigation or bankruptcy or insolvency proceedings.
Whether or not any existing relationship between the Guarantor and the Company has
been changed or ended and whether or not this guarantee has been revoked, the Franchising
Authority may, but shall not be obligated to, enter into transactions resulting in the creation or
continuance of Indebtedness, without any consent or approval by the Guarantor and without any
notice to the Guarantor. The liability of the Guarantor shall not be affected or impaired by any of
the following acts or things ('n'hich the Franchising l.uthority is expressly authorized to do, omit
or suffer from time to time, 'n'ithout notice to or approval by the Guarantor): (i) any acceptance of
collateral securit::, guarantors, accommodation parties or sureties for any or all Indebtedness; (ii)
anyone or more e)aensions or renewals of Indebtedness (whether or not for longer than the
original period) or any modification of the interest rates, maturities or other contractual terms
applicable to any Indebtedness; (iii) any waiver or indulgence granted to the Company, any delay
or lack of diligence in the enforcement of any Indebtedness, or any failure to institute
proceedings, file a claim, give any required notices or other'.vise protect any Indebtedness; (iv)
any full or partial release of, settlement with, or agreement not to sue, the Company or any other
guarantor or other person liable in respect of any Indebtedness; (v) any discharge of any evidence
of Indebtedness or the acceptance of any instrument in renewal thereof or substitution therefor;
(vi) any failure to obtain collateral security (including rights of setoff for Indebtedness, or to see
to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to
protect, insure. or enforce any collateral security; or any modification, substitution. discharge,
impairment or loss of any collateral security; (vii) any foreclosure or enforcement of any
collateral security; (,..iii) any transfer of any Indebtedness or any evidence thereof; Ox) any order
of application of any payments or credits upon Indebtedness; (x) any election by the Franchising
,^.uthority under ~ 1111(b)(2) of the United States Bankruptcy Code.
The Guarantor waives any and all defenses, claims and discharges of the Company, or
any other obligor, pertaining to Indebtedness, except the defense of discharge by payment in fulL
'Nithout limiting the generality of the foregoing, the Guarantor will not assert, plead or enforce
against the Franchising ,^.uthority any defense of waiver, release, discharge in bankruptcy, statute
of limitations, res judicata, statute of frauds, anti deficiency statute, fraud, incapacity, minority,
usury, illegality or unenforceability which may be available to the Company or any other person
liable in respect of any Indebtedness, or any setoff available against the Franchising .^.uthority to
the Company or any such other person, v;hether or not on account of a related transaction.
The Guarantor waiyes presentment. demand for payment, notice of dishonor or
nonpayment. and protest of any instrument evidencing Indebtedness, The Franchising /\uthority
shall not be required first to resort for payment of the Indebtedness to the Company or other
persons or their properties, or first to enforce. realize upon or e~haust any collateral security for
Indebtedness. before enforcing this guarantee.
f.ny notices given pursuant to this l\greement shall be addressed to the Guarantor and
Company at , and to the Franchising ,^.uthority at
IN WITNESS WHEREOF, the Company, Franchisin;; Authority, and Guarantor have
executed this Corporate Guarantee as of the day, month and year first above written.
G U ,\R.^.NTOR:
By:
Its:
COMP,\NY:
TRV\X MIDWEST ,^.SSOCL^.TES, L.P.
By:
Its:
FPj.NCHISING ,^.UTHORITY:
By:
Its:
EXHIBIT D
ANNUAL PERFORMANCE REVIEW CHECKLIST
1. RATES AND CHARGES
No change
Changed
Notices sent to City and subscriber
Changes in rates and costs identified by attachment
Change "reasonable" and consistent with the standards prescribed by the
FCC
Other (describe in attachment)
2. PROGRAMS AND SERVICES
No change in programs and services
New programs and services added
Identify new programs and services and decision for introduction
Mix, le','el and quality of programs is not changed
The programs and service changes meet demand expressed in customer
satisfaction surveys
Other (describe in attachment)
3. PUBLIC, GOVERNMENTAL AND EDUCATIONAL ACCESS
,^.ccess Rules in force
No changes
Changes update provided
Check Where
Applicable
Equipment and Facilities
No changes inyentory on file '",-ith City
Changes update attached
Programs and Ser'.'ices summary attached
4. CUSTOMER SERVICE
Customer service requirements complied with
Summary of complaints (attached)
System outages summary (attached)
Description of new customer services, promotions (attached
,^.nnual subscriber satisfaction survey
Results of annual subscriber satisfaction sur';ey with comment on meeting
needs identified (attached)
5. FILINGS WITH FCC
Summary of all filings with FCC described in attachment
6. PERFORMANCE TEST IN FRANCHISE COMPLETED
Summary of performance test results (attached)
7. FRANCHISE FEE PAYMENTS MADE (A TT ACH COMPLETED
FRANCHISE FEE PAYMENT WORKSHEETS - EXHIBIT B TO
FRANCHISE AGREEMENT)
8. C'\PIT.^.L GRANTS FOR ,'\CCESS (:\ TTACHED)
9. COMPLETION OF CONSTRUCTION
Upgrade/rebuild (summary attached)
New technologies incorporated into System
Channel capacity increased
Service extended to new areas
Other
10. NEW SERVICES
No Changes
Services other than programming made available in the subscriber network
or institutional net'Nork (summary attached)
11. TERMS AND CONDITIONS IN THE FRANCHISE AGREEMENT
HAVE BEEN COMPLIED WITH
Summary attached of outlining incomplete matters requiring action by
Company
Company participated in planning studied and Cable Advisory Committee
activities (summary attached
All insurance, bonds and deposits are updated and filed with City
12. OTHER PERFORMANCE HIGHLIGHTS OR PLANS TO BE
INTRODUCED WITHIN THE NEXT TWELVE (12) MONTHS
(SUMMAR Y A TT ACHED)
Dated this _ day of
Officer of Il
,19_, by
, a duly authorized
City of
, Minnesota Verification:
The above Annual Performance Review has been filed by Triax Midwest Associates, L.P. as
required. The Office of for the City of has reviewed the
information and finds that the filing is complete lis not complete _' The following
matters are deemed incomplete and require further information and/or compliance by
,19_
EXHIBIT E
SERVICES OFFERED BY GRANTEE
Service
Description
Rate/
Charge
EXHIBIT F
GRANTEE COMMITMENT TO
PEG ACCESS FACILITIES AND EQUIPMENT
1. PUBLIC. EDUCATIONAL AND GOVERNMENT (PEG) ACCESS CHANNELS
Grantee shall initially make three (3) video Channels available exclusively for PEG use
(the "PEG Channels"). The PEG Channels shall be dedicated for PEG use for the term of the
Franchise ,^.greement, provided that Grantee may, after receiving prior v.ritten consent from
Grantor, utilize any portions of the PEG Channels not scheduled for PEG use. Grantor and
Grantee shall establish rules and procedures for such scheduling in accordance with Section 611
of the Cable ,^.ct (17 U.S.C. ~ 531).
Upon completion of the System rebuild to eighty (gO) Channels of capacity pursuant to
Section 1.1 of the Agreement, Grantor may request and Grantee shall, within sixty (60) days,
proyide up to a total of ~ Channels for PEG use. Grantor may not request
additional channel capacity beyond the ~ Channels for PEG use unless
the PEG Channels already being utilized each are cablecastin; at least ei;hty (80) hours per
month of locally produced unduplicated ':ideo programming on each Channel already designated
for PEG use. and, further. that additional contemplated PEG programming cannot effectiyely
utilize the e~jsting PEG Channels durin; the time they are available.
Grantee shall provide to each of its subscribers who receive some or all of the services
offered on the Cable SYstem. reception on at least one (I) speciallv designated noncommercial
public access channel available for use bv the general public on a first-come. first-served,
nondiscriminatorY basis: at least one (1) speciallv designated access channel for use bv local
educational authorities: at least one (1) speciallv designated access channel available for
government use (hereinafter collectivelv referred to as the "PEG Channels"): and at least one (I)
speciallv designated access channel available for lease on a first-come. first-served.
nondiscriminatory basis bv commercial and noncommercial users. The VHF spectrum must be
used for at least one (1) of the PEG Channels required in this paragraph. No charges mav be
made for channel time or playback of prerecorded programming on the speciallv designated
noncommercial access channels. Personnel. equipment and production costs may be assessed.
however. for live studio presentations exceeding five (5) minutes in length. Charges for those
production costs and fees for use of other public access channels must be consistent with the goal
of affordin~ the public a low-cost means of television access.
Whenever the PEG Channels are in use during eightv percent (80%) of the weekdays,
Mondav to Fridav. for eighty percent (80%) of the time for any consecutive three (3) hour period
for six (6) weeks running. and there is demand for use of an additional channel for the same
purpose. the Grantee shall then have six (6) months in which to provide a new PEG Channel for
the same purpose. provided that provision of the additional channel or channels must not require
the Cable Svstem to install converters.
The PEG Channels shall be dedicated for PEG use for the term of the Franchise
A{!reement. provided that Grantee mav. utilize anv portions of the PEG Channels not scheduled
for PEG use. Grantor shall establish rules and procedures for such schedulin{! in accordance with
Section 611 of the Cable Act (47 U.S.c. ~ 531).
Grantee shall also designate the standard VHF channel 6 for uniform regional channel
usage currently provided by "Metro Channel 6" as required bv Minn. Stat. ~ 238.43.
Programming on this re{!ional channel shall include a broad range of informational. educational.
and public service programs and materials to cable television subscribers throughout the Twin
Cities metropolitan area.
2. PROVISION OF INITL^.L PEG ACCESS EQUIPMENT ,A.ND fACILITIES
No later than three (3) months after the Effective Date, Grantee shall provide to Grantor
grant of Dollars ($ ) to be utilized solely for the purchase or other
acquisition of PEG access equipment and facilities. ,'\ny and all payments by Grantee to Grantor
in support of the purchase or other acquisition of PEG access equipment and facilities shall not
be deemed to be "franchise fees" v.ithin the meaning of Section 622 of the Cable /.ct (17 U .S.c.
S 512), and such payment shall not be deemed to be (i) "payments in kind" or any im'oluntary
payments chargeable against the Franchise Fees to be paid to Grantor by Grantee pursuant to
Section 3.2 of the ,'\;reement or (ii) part of the Franchise Fees to be paid to Grantor by Grantee
pursuant to Section 3.2 of the :\greement.
3. PROVISION OF FUTURE PEG ,^.CCESS EQUIPMENT ,A.ND F:\CILITIES
(a) No earlier than _ U years after the Effecti','e Date, Grantor may request and
Grantee immediately shall provide to the Grantor additional funds solely for the purchase or
other acquisition of PEG access
equipment and facilities, not to exceed Dollars ($ ). ,'\ny and all
payments by Grantee to Grantor in support of the purchase or other acquisition of PEG access
equipment and facilities shall not be deemed to be "franchise fees" \vithin the meaning of Section
62' of the Cable ,'\ct (17 U.S.c. ~ 512), and such payment shall not be deemed to be (i)
"Payments in kind" or any involuntary payments chargeable against the Franchise Fees to be
paid to the Grantor by Grantee pursuant to Section 3.2 of the ,^.greement or (ii) part of the
Franchise Fees to be paid to the Grantor by Grantee pursuant to Section 3.'" of the ,'\greement.
2. PEG OPERATIONS
Grantor may in its sole discretion, negotiate agreements with neighboring jurisdictions
served by the same Cable System, educational institutions or others to share the operating
expenses of the PEG Channels. Grantor and Grantee may negotiate an agreement for
management of PEG facilities, if so desired by both parties.
3. TITLE TO PEG EQUIPMENT
Grantor shall retain title to all PEG equipment and facilities purchased or otherwise
acquired pursuant to the previous Wavzata franchise Ordinance No. ).'.-\-ith funding made
available by Grantee in accordance with paragraphs 2 and 1 above.
4_ PROMOTION OF PEG ACCESS
Grantee shall allow the Grantor to place bill stuffers in Grantee's Subscriber statements at
a cost to the Grantor not to exceed Grantee's cost, no less frequently than twice per year upon the
written request of the Grantor and at such times that the placement of such materials would not
materially and adversely effect Grantee's cost for the production and mailing of such statements.
The Grantor agrees to pay Grantee in advance for the actual cost of such bill stuffers. Grantee
shall also make available access information provided by Grantor in Subscriber packets at the
time of Installation and at the counter in the System's business office within the Service Area.
Grantee shall also distribute, at no charge to Grantor, through advertising insertion equipment, 28
weekly promotional and awareness commercial spots at randomly selected times in un-purchased
advertising space produced at the Grantor's cost and submitted by the Grantor in a format
compatible with such advertising insertion equipment once Grantee has acquired and activated
such capability. Grantee shall also include a listing of the known programming to be cablecast
on PEG access Channels in or on any program guide of services for the Cable System.
5. SERVICE TO PUBLIC BUILDINGS
(a) One (1) cable drop connection and the highest level of cable service excluding
Pav TV. pay-per-view and pay-per-channel programming shall be provided free of charge to each
public building listed in Exhibit F -1 with no Installation charges or monthly service charges.
Said drop connection and service provision shall be concurrent with the construction schedule
required by Section 4.1 of the Agreement. Grantee shall, in any public building hereinafter built,
provide all materials, design specifications and technical advice for anyone cable outlet to be
installed during the construction of such building, without cost to the Grantor and Grantee shall
provide the same service to such new public building as required in this paragraph (a).
(b) Two-way capability shall be provided to the public buildings listed in Exhibit F -2.
6. RELOC.-\ nON OF PEG CHANl"IELS
Grantee shall not relocate any PEG access Channel to a different Channel number unless
specifically required by ,^.pplicable Laws or unless otherwise agreed to in writing by Grantor.
Grantee shall reimburse Grantor for any costs and e~~penses directly incurred by Grantor as a
result of any such relocation. Grantee shall provide Grantor and all Subscribers with at least
sixty (60) days prior written notice of any legally required relocation.
6. PEG ACCESS OPERATING SUPPORT.
Grantee shall also collect on behalf of Citv a per Subscriber fee of Cents
( ) per month solelv to fund access-related expenditures (hereinafter "Access Operating Fee"):
provided. however. that in the event Grantee becomes subiect to "effective competition" as that
term is defined in 47 U.S.c. & 521.0] et seq.. as amended from time to time. and specificallv
including Open Video Svstems (OVS). as defined from time to time by the FCC. and/or Grantee
experiences a five percent (5%) decrease in the number of Expanded Basic Subscribers in any
one year period calculated upon a yearly comparison of the number of Subscribers on December
3] st of each vear. the Access Operating Fee shall. following ninetv (90) davs written notice to
City. be reduced to the level of expenditure at which the competitive provider. if any. is obligated
or no less than thirty five cents (.35) per Subscriber per month. Actual receipts shall be payable
on a monthlv basis to Citv. City and Grantee may agree to increase the Access Operating Fee on
an annual basis.
EXHIBIT F-2
1. PUBLIC BUILDINGS TO BE PROVIDED WITH TWO-WA Y CAPABILITY:~
C/.BLE TV CONl'IECTIONS /.ND HIGHEST LEVEL OF C^.BLE SERVICE.
CITY OF W A YZA T A, MINNESOTA BUILDINGS;
OTHER PUBLIC BUILDINGS
2. PUBLIC BUILDINGS TO BE PROVIDED WITH PROGRAM ORIGINATION
CAPABILITY:
EXHIBIT G
DESCRIPTION OF SYSTEM UPGRi\DE
1. General Requirements.
Grantee shall use equipment used in high quality, reliable, modern Cable Systems of
similar design. Within 90 days after the Effective Date, Grantee shall provide to the City a plan
for upgrading the current System indicating, at least, a general overviev.' of the construction
schedule.
2. General Description.
The upgrade shall provide Subscribers with a technically advanced and reliable Cable
System. The System shall operate '""ith 750 MHZ ofband'l.idth, capable of delivering a
minimum of 110 channels of programming. It '.",ill have a return capacity of 5 30 MHZ. The
design will provide the benefits of proven 110 channel electronics while positioning the System
for expansion of bandwidth and channel capacity as technology and future services develop. ,,\
purpose of this upgrade, in addition to increasing the technical capabilities and reliability of the
System, is to provide the capacity for increased channels of video programming available to
Subscribers.
3. Design.
The design of the System shall be based upon a "Fiber to the Feeder" architecture. This
architecture will deliver the signals by fiber optics directly to each neighborhood group. With a
neighborhood group average of only 500 homes, the resulting System will have improYed
reliability while delivering a high quality picture. Grantee will place fiber optic cables
throughout the City, delivering the signals to an optical node placed in each neighborhood area.
There shall be no more than an average of 9.5 Qcti','e components in a cascade betv..een the
headend and the Subscriber, and an average of no more than 7.5 active components in n cascade
from any node. The longest coa~jal cascade from a node shall not be longer than two (2) miles,
which coa~~ial cascade shall use no more than nine active components. The headends v..ill be
interconnected to the hubs by a redundant fiber ring, and the hubs '""ill then feed the nodes.
Should any equipment failures occur at a node, the number of homes which could be affected
would total no more than the number of homes fed from that node. The incorporation of standby
power supplies, strategically placed throughout the System including all hubs, will further reduce
the litelihood of ser';ice interruptions.
,1. Technical Specifications.
(a) The System shall be capable of meeting the following distortion parameters:
1.
Carrier to RMS Noise
Carrier to Second Order
17 dB
53 dB
2.
3. Carrier to Cross Modulation
1. Carrier to Composite Beat
53 dB
53 dB
(b) The frequency versus gain response of a single channel as measured across any 6
MHZ spectrum shall not exceed +/ 2 dB.
(c) The frequency versus gain response of the entire passband shall not e~~ceed nn 0+
2 dB for the entire System where 1'1 is the number of amplifiers in cascade.
(d) The System shall be designed such that at a minimum all technical specifications
of this Franchise l\greement are met.
(e) The System shall be designed such that no noticeable degradation in signal quality
will appear at the Subscriber terminal.
0329639 0 I
CABLE TELEVISION REGULATORY ORDINANCE
WAYZATA, MINNESOTA
Prepared by:
Brian T. Grogan, Esq.
Moss & Barnett
A Professional Association
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4129
(612) 347-0340
TABLE OF CONTENTS
SECTION 1.1. INTENT. ........................................... 1
SECTION 1.2. DEFINITIONS. ...................................... 1
SECTION 1.3. FRANCHISE TO INSTALL AND OPERATE. .................4
SECTION 1.4. FRANCHISE REQUIRED. ...............................4
SECTION 1.5. TERM OF THE FRANCHISE. ............................4
SECTION 1.6. FRANCHISE TERRITORY. ..............................4
SECTION 1.7. FEDERAL, STATE AND CITY JURISDICTION. .............5
SECTION 1.8. FRANCHISE NON-TRANSFERABLE. .......................5
SECTION 1.9. CITY'S RIGHT TO PURCHASE SYSTEM. ..................7
SECTION 1.10. PURCHASE BY CITY UPON EXPIRATION OR REVOCATION. ..7
SECTION 1.11. EMERGENCY USE. ...................................7
SECTION 1.12. GEOGRAPHICAL COVERAGE. ...........................7
SECTION 1.13. NONEXCLUSIVE FRANCHISE. ..........................8
SECTION 1.14. MULTIPLE FRANCHISES. .............................8
SECTION 1.15. FRANCHISE APPLICATIONS. ..........................9
SECTION 1.16. CONSIDERATION OF INITIAL APPLICATIONS. ...........9
SECTION 1.17. FRANCHISE RENEWAL. ..............................10
SECTION 1.18. CONSUMER PROTECTION AND SERVICE STANDARDS. ......10
SECTION 1.19. RATE REGULATION. ................................ 12
SECTION 1.20. FRANCHISE FEE. .................................. 12
SECTION 1.21. DESIGN AND CONSTRUCTION REQUIREMENTS. ........... 13
SECTION 1.22. TECHNICAL STANDARDS. ............................14
SECTION 1.23. TRIMMING OF TREES. ..............................15
SECTION 1.24. USE OF GRANTEE FACILITIES. ......................15
SECTION 1.25. PROGRAMMING DECISIONS. ..........................15
SECTION 1.26. INDEMNIFICATION. ................................15
SECTION 1.27. INSURANCE. ...................................... 16
SECTION 1.28. RECORDS REQUIRED AND GRANTOR'S RIGHT TO INSPECT. 16
SECTION 1.29. ANNUAL REPORTS. .................................17
SECTION 1.30. FRANCHISE VIOLATION. ............................17
SECTION 1.31. FORCE MAJEURE; GRANTEE'S INABILITY TO PERFORM. ..18
SECTION 1.32. ABANDONMENT OR REMOVAL OF FRANCHISE PROPERTY. ...18
SECTION 1.33. RECEIVERSHIP AND FORECLOSURE. ...................19
SECTION 1.34. RIGHTS RESERVED TO GRANTOR. .....................20
SECTION 1.35. RIGHTS OF INDIVIDUALS. ..........................20
SECTION 1.36. SEVERABILITY. ................................... 21
ORDINANCE NO.
THE CITY COUNCIL OF THE CITY OF W A YZA T A, MINNESOTA
DOES HEREBY ORDAIN AS FOLLOWS:
The following Chapter is added to the City of Wayzata, MN Municipal Code:
CHAPTER
CABLE TELEVISION REGULATORY ORDINANCE
SECTION 1.1.
INTENT.
a. The City ofWayzata. Minnesota, pursuant to Applicable Laws, is authorized to
grant one or more nonexclusive Franchises to construct, operate, maintain and reconstruct Cable
Television Systems within the City limits.
b. The City Council finds that the development of Cable Television Systems has the
potential of having great benefit and impact upon the residents of the City. Because of the
complex and rapidly changing technology associated with cable television, the City Council
further finds that the public convenience, safety and general welfare can best be served by
establishing regulatory powers which should be vested in the City or such Persons as the City shall
designate. It is the intent of this Ordinance and subsequent amendments to provide for and specify
the means to attain the best possible cable television service to the public and any Franchises
issued pursuant to this Ordinance shall be deemed to include this finding as an integral part
thereof.
SECTION 1.2.
DEFINITIONS.
For the purpose of this Ordinance, the following terms. phr~ses, words and their
derivations shall have the meaning given herein. Words used in the present tense include the
future, words in the plural number include the singular number, and words in the singular number
include the plural number. All capitalized terms used in the definition of any other term shall have
their meaning as otherwise defined in this Section. The words "shall" and "will" are mandatory
and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
a. "Applicable Laws" means any law, statute, charter, ordinance, rule, regulation,
code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive,
requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other
order issued, executed, entered or deemed applicable by any Governmental Authority.
b. "Basic Cable Service" means any service tier which includes the retransmission of
local television broadcast signals. Basic Cable Service as defined herein shall not be inconsistent
with 47 U.S.c. S 543(b)(7)(1993).
c. "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No. 98-
549.98 Stat. 2779 (1984) (codified at 47 U.S.c. SS 521-611 (1982 & Supp. V 1987)) as amended
by the Cable Television Consumer Protection and Competition Act of 1992. Pub. L. No. 102-385
and the Telecommunications Act of 1996, Pub. L. No.1 04-458 and as the same may, from time to
time. be amended.
-1-
d. "Cable Television System", "SYstem" or "Cable System" means a facility,
consisting of a set of closed transmission paths and associated signal generation, reception and
control equipment that is designed to provide Cable Service which includes video programming
and which is provided to multiple Subscribers within a community, but such term does not
include:
1. A facility that serves only to retransmit the television signals of one (1) or
more television broadcast stations;
2. A facility that serves subscribers without using any public rights-of-way;
3. A facility of a common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. SS 201-226, except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.c. S 541) to the extent such facility is used in
the transmission of video programming directly to subscribers; unless the extent of such
use is solely to provide interactive on-demand services;
4. An open video system that complies with Section 653 of the Cable Act; or
5. Any facilities of any electric utility used solely for operating its electric
utility system.
e. "Cable Service" means:
1. The one-way transmission to Subscribers of (i) video programming, or (ii)
other programming service; and
2. Subscriber interaction, if any, which is required for the selection or use of
such video programming or other programming service.
f. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency .
spectrum which is used in a Cable System and which is capable of delivering a television Channel
as defined by the Federal Communications Commission.
g. "Council" means the City Council of the City ofWayzata, Minnesota.
h. "Franchise" means an initial authorization, or renewal thereof, issued by the City,
whether such authorization is designated as a Franchise, permit, license, resolution, contract,
certificate, agreement or otherwise, which authorizes the construction or operation of a Cable
System over publicly owned rights-of-way. '
i. "Franchise Agreement" means a Franchise granted pursuant to this Ordinance
containing the specific provisions of the Franchise granted, including references, specifications,
requirements and other related matters.
j. "Franchise Fee" means any tax, fee or assessment of any kind imposed by the City
or any other Governmental Authority on a Grantee or cable Subscriber, or both, solely because of
their status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of
general applicability (including any such tax, fee or assessment imposed on both utilities and cable
operators or their services but not including a tax, fee, or assessment which is unduly
discriminatory against cable operators or cable subscribers); (ii) capital costs which are required by
the Franchise Agreement to be incurred by the Grantee for PEG Access Facilities; (iii)
requirements or charges incidental to the awarding or enforcing of the Franchise, including
payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or
liquidated damages; or (iv) any fee imposed under Title 17 of the United States Code.
k. "Governmental Authoritv" means any Court or other federal, state, county,
municipal or other governmental department, commission, board, agency or instrumentality.
1. "Grantee" means any Person receiving a Franchise pursuant to this Ordinance and
its agents, employees, officers, designees, or any lawful successor, transferee or assignee.
-2-
m. "Grantor" or "Citv" means the City of Wayzata, Minnesota as represented by the
Councilor any delegate acting within the scope of its jurisdiction. The City Administrator shall be
responsible for the continuing administration of the franchise.
n. _ "Gross Revenues" means all cash. credit, propert) of any kind or nature. or any or
all revenue received other consideration derived directly or indirectly by the Grantee, its affiliates,
subsidiaries, parents, or any Person in which Grantee has a financial interesh of five percent (5%)
or more arising from or attributable, to the sale or exchange of Cable Service by the Grantee
within the City including, but not limited to, monthly fees charged to Subscribers for Basic Cable
Service; monthly fees charged to Subscribers for any optional service; monthly fees charged to
Subscribers for any tier of service other than Basic Cable Service; Installation, disconnection and
reconnection fees; leased Channel fees; fees, payments or other consideration received from
programmers; converter and remote revenues; advertising revenues; and revenues from home
shopping Channels. Gross Revenues shall be the basis for computing the Franchise Fees imposed
pursuant to Section 1.20 hereof. Grantee shall not be required to pay a franchise fee on gross
revenues derived from any Person receiving free Cable Service pursuant to a Franchise
Agreement. Gross Revenues shall not include franchise fees collected by Grantee on behalf of the
city. There shall be no deductions from Gross ReYt~nues for uncollected amounts or any other
Items unless specificall) authorized herein.
o. "Initial Service Area" means the area of the City which will receive Cable Service
initially, as set forth in any Franchise Agreement.
p. "Installation" means the connection of the System to a Subscriber and the provision
of Cable Service.
q. "Normal Business Hours" means those hours during which most similar businesses
in the City are open to serve customers. In all cases, "Normal Business Hours" must include some
evening hours at least one night per week and/or some weekend hours.
r. "Normal Operating Conditions" means those service conditions which are within
the control of the Grantee. Those conditions which are not within the control of the Grantee
include, but are not limited to, natural disasters, civil disturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Those conditions which are ordinarily
within the control of the Grantee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the
System.
s. "Person" means any individual or any association, firm, general partnership, limited
partnership, joint stock company, joint venture, trust, corporation, limited liability company or
other legally recognized entity, private or public, whether for-profit or not-for-profit.
t. "Public. Educational or Government Access Facilities" or "PEG Access Facilities"
means:
1. Channel capacity designated for public, educational or governmental use;
and
2. Facilities and equipment for the use of such Channel capacity.
u. "Section" means any Section, subsection or provision of this Ordinance.
v. "Service Area" or "Franchise Area" means the entire geographic area within the
City as it is now constituted or may in the future be constituted, unless otherwise specified in the
Franchise Agreement.
w. "Service Interruption" means the loss of picture or sound on one or more Cable
Channels.
'"
-.)-
x. "State" means the State of Minnesota.
y. "Street" or "publiclv owned rieht of way" means each of the following which have
been dedicated to the public or are hereafter dedicated to the public and maintained under public
authority or by others and located within the City limits: streets, roadways, highways, avenues.
lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the
Grantor shall permit to be included within the definition of Street from time to time.
z. "Subscriber" means any Person who or which lawfully elects to subscribe to, for
any purpose, a service provided by the Grantee by means of or in connection with the Cable
System whether or not a fee is paid for such service.
SECTION 1.3.
FRANCHISE TO INSTALL AND OPERATE.
a. A Franchise granted by the City under the provisions of this Ordinance shall
encompass the following purposes:
1. To engage in the business of providing Cable Service, and such other lawful
services as may be permitted by the City, to Subscribers within the Service Area.
2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain and
retain cables, lines, related electronic equipment, supporting structures, appurtenances and
other property in connection with the operation of a Cable System in, on, over, under,
upon. along and across Streets within the Service Area.
3. To maintain and operate said Franchise properties for the origination,
reception, transmission, amplification and distribution of television and radio signals for
the delivery of Cable Services.
4. To set forth the obligations of a Grantee under the Franchise Agreement.
b. Nothing contained in this Ordinance relieves a Person from liability arising out of
failure to exercise reasonable care to avoid injuring Grantee's facilities while performing work
connected with grading, regarding or changing the line of a Street or public place or with the
construction or reconstruction of a sewer or water system.
SECTION 1.4.
FRANCHISE REQUIRED.
It shall be unlawful for any Person. other than the City. to construct, install or operate a
Cable Television System in the City in, on, over, under, upon, along or across any Street or
publicly owned right of way without a Franchise properly granted pursuant to the provisions of
this Ordinance.
SECTION 1.5.
TERM OF THE FRANCHISE.
a. A Franchise granted hereunder shall be for the term established in the Franchise
Agreement and shall not exceed fifteen (15) years.
b. A Franchise granted hereunder may be renewed upon application by the Grantee
pursuant to the provisions of this Ordinance and Applicable Laws.
SECTION 1.6.
FRANCHISE TERRITORY.
Any Franchise granted pursuant to this Ordinance shall be valid within the Service Area.
-4-
SECTION 1.7.
FEDERAL, STATE AND CITY JURISDICTION.
a. This Ordinance shall be construed in a manner consistent with Applicable Laws.
b. In the event that the State or Federal government discontinues preemption in any
area of cable communications over which it cun-ently e~,ercises jurisdiction in ~;uch manner a~; to
e~~pJnd rather than limit municipal regulatory authority, Grantor may. if it so elected. adopt rule~;
and regulations in these areas to the e~,tent permitted by /\pplicable LU\ys, including 'A'ithout
limitJtion req'.lirements with re~;pect to System rebuilds. Channel capacity, Sy~;tem design,
con~;truction and performance requirements. Public, Educational or Gowrnmental .\ccess
Facilities. ~;upport for any ~;uch facilities, interconnect commitments, activation of interactive
capability or institutional networks.
he. This Ordinance shall apply to all Franchises granted or renewed after the effective
date of this Ordinance. This Ordinance shall further apply to the extent permitted by Applicable
Laws to all existing Franchises granted prior to the effective date of this Ordinance.
fa. The rights of all Grantees are subject to the policing powers of the City to adopt
and enforce ordinances necessary to the health, safety and welfare of the public. All Grantees
shall comply with all Applicable Laws enacted by the City pursuant to that power.
.de. No Grantee shall be relieved of its obligation to comply with any of the provisions
of this Ordinance or any Franchise granted pursuant to this Ordinance by reason of any failure of
the City to enforce prompt compliance.
~f This Ordinance and any Franchise granted pursuant to this Ordinance shall be
construed and enforced in accordance with the substantive laws of the City, State of Minnesota
and applicable federal laws, including the Cable Act.
fg. This Ordinance together with any Franchise granted hereunder shall comply with
the Minnesota franchise standards contained in Minnesota Statutes Section 238.084.
gh. Grantee and the City shall conform to state laws and rules regarding cable
communications not later than one year after they become effective, unless otherwise stated, and
shall conform to federal laws and regulations regarding cable communications as they become
effective.
SECTION 1.8.
FRANCHISE NON-TRANSFERABLE.
a. Grantee shall not voluntarily or involuntarily, by operation of law or otherwise, sell,
assign, transfer, lease, sublet or otherwise dispose of, in whole or in part, the Franchise and/or
Cable System or any of the rights or privileges granted by the Franchise, without the prior written
consent of the Council and then only upon such terms and conditions as may be prescribed by the
Council, which consent shall not be unreasonably denied or delayed. Any attempt to sell, assign,
transfer, lease, sublet or otherwise dispose of all or any part of the Franchise and/or Cable System
or Grantee's rights therein without the prior written consent of the Council shall be null and void
and shall be grounds for termination of the Franchise pursuant to Section 1.30 hereof and the
applicable provisions of any Franchise Agreement.
b. Without limiting the nature of the events requiring the Council's approval under this
Section, the following events shall be deemed to be a sale, assignment or other transfer of the
Franchise and/or Cable System requiring compliance with this Section: (i) the sale, assignment or
other transfer of all or a majority of Grantee's assets or the assets comprising the Cable System to
-5-
any Person; (ii) the merger of the Grantee or any of its parents with or into another Person
(including the merger of Grantee or any parent with or into any parent or subsidiary corporation or
other Person); (iii) the consolidation of the Grantee or any of its parents with any other Person: (iv)
the creation of a subsidiary corporation or other entity; (v) the sale, assignment or other transfer of
capital stock or partnership, membership or other equity interests in Grantee or any of its parents
by one or more of its existing shareholders, partners, members or other equity owners so as to
create a new Controlling Interest in Grantee; (vi) the issuance of additional capital stock or
partnership, membership or other equity interest by Grantee or any of its parents so as to create a
new Controlling Interest in Grantee; and (vii) the entry by the Grantee into an agreement with
respect to the management or operation of the Grantee, any of Grantee's parents and/or the System
or the subsequent amendment thereof. The term "Controlling Interest" as used herein is not
limited to majority equity ownership of the Grantee, but also includes actual working control over
the Grantee, any parent of Grantee and/or the System in whatever manner exercised.
c. Grantee shall notify Grantor in writing of any foreclosure or any other judicial sale
of all or a substantial part of the property and assets comprising the Cable System of the Grantee
or upon the termination of any lease or interest covering all or a substantial part of said property
and assets. Such notification shall be considered by Grantor as notice that a change in control or
ownership of the Franchise has taken place and the provisions under this Section governing the
consent of Grantor to such change in control or ownership shall apply.
d. For the purpose of determining whether it shall consent to such change, transfer or
acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or
controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor's
consent to any change of ownership or control, Grantee shall have the responsibility of insuring
that the transferee completes an application in form and substance reasonably satisfactory to
Grantor, which application shall include the information required under this Ordinance and
Applicable Laws of this Ordinance. ;\n application, acceptable to the City, shall be submitted to
Grantor prior to the date of transfer. The transferee shall be required to establish to the satisfaction
of the City that it possesses the legal, technical and financial qualifications to operate and maintain
the System and comply with all Franchise requirements for the remainder of the term of the
Franchise. If. after considering the legal, financial, character and technical qualities of the
transferee and determining that they are satisfactory, the Grantor finds that such transfer is
acceptable, the Grantor shall permit such transfer and assignment of the rights and obligations of
such Franchise as may be in the public interest. The consent of the Grantor to such transfer shall
not be unreasonably denied.
e. Any financial institution having a security interest in any and all of the property and
assets of Grantee as security for any loan made to Grantee or any of its affiliates for the
construction and/or operation of the Cable System must notify the Grantor that it or its designee
satisfactory to the Grantor shall take control of and operate the Cable Television System, in the
event of a default in the payment or performance of the debts, liabilities or obligations of Grantee
or its affiliates to such financial institution. Further, said financial institution shall also submit a
plan for such operation of the System within thirty (30) days of assuming such control that will
insure continued service and compliance with all Franchise requirements during the term the
financial institution or its designee exercises control over the System. The financial institution or
its designee shall not exercise control over the System for a period exceeding one (1) year unless
extended by the Grantor in its discretion and during said period of time it shall have the right to
petition the Grantor to transfer the Franchise to another Grantee.
-6-
f. In addition to the aforementioned requirements in this Section 1.8, the City and
Grantee shall, at all times, comply with the requirements of Minnesota Statutes Section 238.083
regarding the sale or transfer of a franchise and with all other Applicable Laws.
SECTION 1.9.
CITY'S RIGHT TO PURCHASE SYSTEM.
The City shall have a right of first refusal to purchase the Cable System in the event the
Grantee receives a bona fide offer to purchase the Cable System from any Person. Bona fide offer
as used in this Section means a written offer which has been accepted by Grantee, subject to the
City's rights under this Ordinance and any Franchise Agreement. The price to be paid by the City
shall be the amount provided for in the bona fide offer, including the same terms and conditions as
the bona fide offer. The City shall notify Grantee of its decision to purchase within sixty (60) days
of the City's receipt from Grantee of a copy of the written bona fide offer and such other relevant
and pertinent information as the City shall deem appropriate.
SECTION 1.10. PURCHASE BY CITY UPON EXPIRATION OR
REVOCA TION.
Consistent with Section 627 of the Cable Act and all other Applicable Laws, at the
expiration, cancellation, revocation or termination of any Franchise Agreement, the City shall have
the option to purchase, condemn or otherwise acquire and hold the Cable System.
SECTION 1.11. EMERGENCY USE.
In the case of any emergency or disaster, Grantee shall, upon request of the City or
emergency management personnel, make its Cable System and related facilities available to the
City for emergency use.
SECTION 1.12. GEOGRAPHICAL COVERAGE.
a. Grantee shall design, construct and maintain the Cable Television System to have
the capability to pass every dwelling unit in the Service Area, subject to any Service Area line
extension requirements of the Franchise Agreement.
b. After service has been established by activating trunk and/or distribution cables for
any Service Area, Grantee shall provide Cable Service to any requesting Subscriber within that
Service Area within thirty (30) days from the date of request, provided that the Grantee is able to
secure all rights-of-way necessary to extend service to such Subscriber within such thirty (30) day
period on reasonable terms and conditions.
c. No Subscriber shall be refused service arbitrarily. However, for unusual
circumstances such as the existence of more than 150 feet of distance from distribution cable to
connection of service to Subscribers, or a density equivalent of less than 40 homes per mile,
service may be made available on the basis of a capital contribution in aid of construction,
includmg cost of material, labor and easements. For the purpose of determining the amount of
capital contribution in aid of construction to be borne by the Grantee and Subscribers in the area in
which service may be expanded, the Grantee will contribute an amount equal to the constructIOn
-7-
and other costs per mile, multiplied by a fraction whose numerator equals the actual number of
residences per mile, and whose denominator equals 40 residences. Subscribers who request
service hereunder, will bear the remainder of the construction and other costs on a pro rata basis.
The Grantee may require that the payment of the capital contribution in aid of construction borne
by such potential subscribers be paid in advance.
d. Grantee shall immediately bury all drops to subscribers dwellings when required by
local construction standards. In the event the ground is frozen or otherwise unsuitable to permit
immediate burial, Grantee shall be permitted to delay such burial until the ground becomes
suitable for burial which in no event shall be later than sixtv (60) fourteen (I 'I) calendar days from
the first date conditions permit underground burial.
SECTION 1.13. NONEXCLUSIVE FRANCHISE.
Any Franchise granted under this Ordinance shall be nonexclusive. The Grantor
specifically reserves the right to grant, at any time, such additional Franchises for a Cable
Television System as it deems appropriate on the same tenns and conditions as previously Qranted
Franchise A!,!:reements and subject to Applicable Laws. The Grantor also specifically reserves the
right to operate a municipal Cable Television System pursuant to Applicable Laws and ~;hall not be
required to t;runt a Frunchi~;e to the City for the operation of a municipal Cable Tele';i~;ion Sy~;tem
unle~;~; ~;pecificaIly required by /\pplicable Laws.
SECTION 1.14. MULTIPLE FRANCHISES.
a. Grantor may grant one or more Franchises for a Service Area. Grantor may, in its
sole discretion, limit the number of Franchises granted, based upon. but not necessarily limited to,
the requirements of Applicable Laws and specific local considerations; such as:
1. The capacity of the public rights-of-way to accommodate multiple coaxial
cables in addition to the cables, conduits and pipes of the utility systems, such as electrical
power, telephone, gas and sewage.
2. The impact on the City of having multiple Franchises.
3. The disadvantages that may result from Cable System competition, such as
the requirement for multiple pedestals on residents' property, and the disruption arising
from numerous excavations of the rights-of-way.
4. The financial capabilities of the applicant and its guaranteed commitment to
make necessary investment to erect, maintain and operate the proposed System for the
duration of the Franchise term.
b. Each Grantee awarded a Franchise to serve the entire City shall offer service to all
residences in the City, in accordance with construction and service schedules mutually agreed
upon between Grantor and Grantee, and consistent with Applicable Laws.
c. The City may, in its sole discretion, require developers of new residential housing
with underground utilities to provide conduit to accommodate cables for a minimum of two (2)
Cable Systems in accordance with the provisions of Section 1.21 (d).
d. Grantor may require that any new Grantee be responsible for its own underground
trenching and the costs associated therewith, if, in Grantor's opinion, the rights-of-way in any
particular area cannot feasibly and reasonably accommodate additional cables.
-8-
e. Any additional Franchise granted by the City to provide Cable Service in a part of
the City in which a Franchise has already been granted and where an existing Grantee is providing
service shall require the new Grantee to provide service throughout its Service Area within a
reasonable time and in a sequence which does not discriminate against lower income residents.
SECTION 1.15. FRANCHISE APPLICATIONS.
Any Person other than the Cit:;, desiring an initial Franchise for a Cable Television System
shall file an application with the City. A reasonable nonrefundable application fee in an amount
established by the City shall accompany the initial application. Such applicaiion fee shall not be
deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.c. S
542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary
payments chargeable against the Franchise Fees to be paid to the City by Grantee pursuant to
Section 1.20 hereof and applicable provisions of a Franchise Agreement, or (ii) part of the
Franchise Fees to be paid to the City by Grantee pursuant to Section 1.20 hereof and applicable
provisions of a Franchise Agreement.
An application for an initial Franchise for a Cable Television System shall be in a form
reasonably acceptable to Grantor and shall contain, where applicable:
a. A statement as to the proposed Service Area.
b. A resume of prior history of applicant, including the legal, technical and financial
expertise of applicant in the cable television field.
c. A list of the general and limited partners of the applicant, if a partnership, or the
shareholders, if a corporation.
d. The percentage ownership of the applicant of each of its partners, shareholders or
other equity owners;
e. A list of officers, directors and managing employees of applicant or its general
partner. as applicable, together with a description of the background of each such Person;
f. The names and addresses of any parent or subsidiary of applicant or any other
business entity owning or controlling applicant in whole or in part, or owned or controlled in
\vhole or in part by applicant;
g. A current financial statement of applicant verified by an audit or otherwise certified
to be true, complete and correct to the reasonable satisfaction of the City;
h. Proposed construction and service schedule.
1. Any additional information that the City deems applicable.
SECTION 1.16. CONSIDERATION OF INITIAL APPLICATIONS.
a. Upon receipt of any application for an initial Franchise, the City Administrator
shall prepare a report and make his or her recommendations respecting such application to the City
Council.
b. A public hearing shall be set prior to any initial Franchise grant, at a time and date
approved by the Council. Within thirty (30) days after the close of the hearing. the Council shall
make a decision based upon the evidence received at the hearing as to whether or not the
Franchise(s) should be granted, and. if granted subject to what conditions. The Council may grant
one (1) or more initial Franchises, or may decline to grant any Franchise.
-9-
SECTION 1.17. FRANCHISE RENEWAL.
Franchise renewals shall be in accordance with Applicable Laws. Grantor and Grantee. by
mutual consent, may enter into renewal negotiations at any time during the term of the Franchise.
To the extent consistent with Applicable Laws. a reasonable non-refundable renewal application
fee in an amount established by the City may be required to accompany any renewal application.
Such application fee shall not be deemed to be "franchise fees" within the meaning of Section 622
of the Cable Act (47 U.S.c. S 542), and such payments shall not be deemed to be (i) "payments in
kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by
Grantee pursuant to Section 1.20 hereof and applicable provisions of a Franchise Agreement, or
(ii) part of the Franchise Fees to be paid to the City by Grantee pursuant to Section 1.20 hereof and
applicable provisions of a Franchise Agreement.
SECTION 1.18. CONSUMER PROTECTION AND SERVICE
STANDARDS.
Except as otherwise provided in the Franchise Agreement, Grantee shall maintain one or
more customer scr';ice and bill payment offices at conyenient locations '"oithin the Seryice ,\rca to
provide the necessary facilities, equipment and personnel to comply with the following consumer
protection standards under Normal Operating Conditions:
a. Cable Svstem office hours and telephone availability:
1. Grantee will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers 24 hours a day, seven (7) days a week.
(i) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours, the access line may be answered by a
service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a trained
Grantee representative on the next business day.
2. Under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed thirty
(30) seconds. These standards shall be met no less then ninety (90%) percent of the time
under Normal Operating Conditions, measured on a quarterly basis.
3. The Grantee will not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
4. Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
5. Customer service center and bill payment locations will be open at least
during Normal Business Hours.
b. Installations. outages and service calls. Under Normal Operating
Conditions. each of the following four standards will be met no less than ninety-five
percent (95%) of the time measured on a quarterly basis:
1. Standard Installations will be performed within seven (7) business days
after an order has been placed. "Standard" Installations are those that are located up to 125
feet from the existing distribution system.
-10-
2. Excluding conditions beyond the control of Grantee, Grantee will begin
working on "service interruptions" promptly and in no event later than 24 hours after the
interruption becomes known. The Grantee must begin actions to correct other service
problems the next business day after notification of the service problem.
3. The "appointment window" alternatives for Installations, service calls, and
other Installation activities will be either a specific time or, at maximum, a foulWre-hour
time block during Normal Business Hours. (The Grantee may schedule service calls and
other Installation activities outside of Normal Business Hours for the express convenience
of the customer.)
4. Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
5. If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted prior to the time of the scheduled appointment. The appointment will be
rescheduled, as necessary, at a time which is convenient for the customer.
c. Communications between Grantee and Subscribers:
1. Notifications to Subscribers:
(i) The Grantee shall provide written information on each of the
following areas at the time of Installation of service, at least annually to all
Subscribers, and at any time upon request:
(A) Products and services offered;
(B) Prices and options for programming services and conditions
of subscription to programming and other services;
(C) Installation and service maintenance policies;
(D) Instructions on how to use the Cable Service;
(E) Channel positions of the programming carried on the
System; and
(F) Billing and complaint procedures, including the address and
telephone number of the Grantee's office within the Service Area.
(ii) Customers will be notified of any changes in rates, programming
services or Channel positions as soon as possible through announcements on the
Cable System and in writing. Notice must be given to Subscribers a minimum of
thirty (30) days in advance of such changes if the change is within the control of the
Grantee. In addition. the Grantee shall notify Subscribers thirty (30) days in
advance of any si;;nificant changes in the other information required by Section
1.18(c)(1 )(i).
2. Billing:
(i) Bills will be clear, concise and understandable. Bills must be fully
itemized. \',"ith itemizations includin;;. but not limited to. basic and premium servicc
charges and cquipment charges. Bills will also clearly delineate all activity during
the billing period, including optional charges, rebates and credits.
(ii) In case of a billing dispute, the Grantee must respond to a written
complaint from a Subscriber within thirty (30) days.
(iii) Grantee shall be allowed to itemized franchise fees payments on
subscriber bills to the extent expressly permitted by Section 622 of the Cable Act~,
but in no evcnt shall Grantee be all 0"', cd to refer to the franchise fee as a "tax."'
-11-
Refunds: Refund checks will be issued promptly, but no later than either:
(i) The customer's next billing cycle following resolution of the request
or thirty (30) days, whichever is earlier, or
(ii) The return of the equipment supplied by the Grantee if service is
terminated.
4. Credits: Credits for service will be issued no later than the customer's next
billing cycle following the determination that a credit is warranted.
Grantee shall provide City with a quarterly customer service compliance report specific to
the system serving the City of Wayzata in a form mutuallv al!reed toacceptuble to the City, which
report shall, at a minimum, describe in detail Grantee's compliance with each and every term and
provision of this Section 1.18 and any additional customer service requirements contained in
Grantee's Franchise and shall outline and summarize all subscriber complaints received by
Grantee during the preceding calendar quarter.
"'I
,).
SECTION 1.19. RATE REGULATION.
The City reserves the right to regulate rates for Basic Cable Service and any other services
offered over the Cable System, to the extent not prohibited by Applicable Laws. The Grantee shall
be subject to the rate regulation provisions provided for herein, and those of the Federal
Communications Commission (FCC) at 47 C.F.R., Part 76, Subpart N, as the same may be
amended from time to time. The City shall follow the rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time
to time.
SECTION 1.20. FRANCHISE FEE.
a. Following the issuance and acceptance of a Franchise, the Grantee shall pay to the
Grantor a Franchise Fee in the amount set forth in the Franchise Agreement.
b. The Grantor, on an annual basis, shall be furnished a statement within ninety (90)
days of the close of the calendar year. certified by an officer of the CompanvCcI1iticd Public
Account, reflecting the total amounts of Gross Revenues and all payments. and computations of
the Franchise Fee for the previous calendar year. Upon ten (10) days prior written notice, Grantor
shall have the right to conduct an independent audit of Grantee's records. If such audit indicates a
Franchise Fee underpayment of five percent (5%) or more, the Grantee shall assume all of City's
out-of-pocket costs associated with the conduct of such an audit and shall remit to Grantor all
applicable Franchise Fees due and payable together with interest thereon at the lesser of the
maximum rate permitted by Applicable Laws or 18% per annum.
c. Except as otherwise provided by law, no acceptance of any payment by the Grantor
shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have
for further or additional sums payable as a Franchise Fee under this Ordinance or any Franchise
Agreement or for the performance of any other obligation of the Grantee.
d. In the event that any Franchise Fee payment or recomputed amount is not made on
or before the dates specified in the Franchise Agreement, Grantee shall pay as additional
compensatIon an interest charge, computed from such due date, at an annual rate equal to the
lesser of the maximum rate permitted by Applicable Laws or 18% per annum during the period for
which payment was due.
-12-
e. Franchise Fee payments shall be made in accordance with the schedule indicated in
the Franchise Agreement.
SECTION 1.21. DESIGN AND CONSTRUCTION REQUIREMENTS.
a. Grantee shall not construct any Cable System facilities until Grantee has secured
the necessary permits from Grantor, or other applicable Governmental Authorities.
b. In those areas of the City where transmission or distribution facilities of all the
public utilities providing telephone and electric power service are underground, the Grantee
likewise shall construct, operate and maintain its transmission and distribution facilities therein
underground.
c. In those areas of the City where Grantee's cables are located on the above-ground
transmission or distribution facilities of the public utility providing telephone or electric power
service, and in the event that the facilities of both such public utilities subsequently are placed
underground, then the Grantee likewise shall construct, operate and maintain its transmission and
distribution facilities underground, at Grantee's cost. Certain of Grantee's equipment, such as
pedestals, amplifiers and power supplies, which normally are placed above ground, may continue
to remain in above-ground closures, however, the City specifically reserves all of its rights to
approve above-ground or underground locations for pedestals subject to Applicable Laws.
d. In new residential developments in which all the electric power and telephone
utilities are underground, the City may, in its sole discretion, require that the following procedure
apply with respect to access to and utilization of underground easements:
1. The developer shall be responsible for contacting and surveying all Grantees
to ascertain which Grantees desire (or, pursuant to the terms and provisions of this
Ordinance and any Franchise Agreement, may be required) to provide Cable Service to that
development. The developer may establish a reasonable deadline to receive responses
from Grantees. The final development map shall indicate the Grantees which have agreed
to serve the development.
2. If one (1) or more Grantees wish to provide service within all or part of the
development, they shall be accommodated in the joint utilities trench on a
nondiscriminatory shared basis. If fewer than two (2) Grantees indicate interest, the
developer shall provide conduit to accommodate a minimum of two (2) sets of cable
television cables and dedicate to the City any initially unoccupied conduit. The developer
shall be entitled to recover the cost of such initially unoccupied conduit in the event that
Grantor subsequently leases or sells occupancy or use rights to any Grantee.
3. The developer shall provide at least ten (10) business days notice of the date
that utility trenches will be open to the Grantees that have agreed to serve the development.
When the trenches are open, such Grantees shall have two (2) business days to begin the
Installation of their cables, and five (5) business days after beginning Installation to
complete Installation.
4. The final development map shall not be approved until the developer
submits evidence that:
A. It has notified each Grantee that underground utility trenches are to
open as of an estimated date, and that each Grantee will be allowed access to such
trenches, including trenches from proposed Streets to individual homes or home
sites, on specified nondiscriminatory terms and conditions; and
-13-
B. It has received a written notification from each Grantee that the
Grantee intends to install its facilities during the open trench period on the specified
terms and conditions, or such other terms and conditions as are mutually agreeable
to the developer and Grantee, or has received no reply from a Grantee within ten
(10) days after its notification to such Grantee, in which case the Grantee will be
deemed to have waived its opportunity to install its facilities during the open trench
period.
5. Sharing the joint utilities trench shall be subject to compliance with State
regulatory agency and utility standards. If such compliance is not possible, the developer
shall provide a separate trench for the cable television cables, with the entire cost shared
among the participating Grantee(s). With the concurrence of the developer, the affected
utilities and the Grantees, alternative Installation procedures, such as the use of deeper
trenches, may be utilized, subject to the requirements of Applicable Laws.
6. Any Grantee wishing to serve an area where the trenches have been closed
shall be responsible for its own trenching and associated costs and shall repair all property
to the condition which existed prior to such trenching.
7. In the c'.'ent that more than one franchise is awarded, the City resencs the
ri.;;ht to limit the number of drop cables and/or pedestals per residence. or to require that
the drop cable(s) and/or pedestals(s) be utilized only by the Grantee selected by the
resident to provide service.
SECTION 1.22. TECHNICAL STANDARDS.
a. The Grantee shall construct, install, operate and maintain its System in a manner
consistent with all Applicable Laws and the Federal Communications Commission technical
standards, and any standards set forth in its Franchise Agreement. In addition, the Grantee shall
provide to the Grantor, upon request, a copv written report of the results of the Grantee's periodic
proof of performance tests conducted pursuant to Federal Communications Commission standards
and guidelines.
b. Repeated and verified f~lilure to maintain specified technical ~;tandard~; ~;hall
con:;titute a material breach of the Franchise entitlinb the Cit) to utilize the procedure~; of
Section 1.30 hereof.
he. All construction practices shall be in accordance with all applicable sections of the
Occupational Safety and Health Act of 1970, as amended, as well as all other Applicable Laws.
fa. All Installation of electronic equipment at the time of installation shall be of a
permanent nature, durable and installed in accordance with the provisions of the National
Electrical and Safety Code and National Electrical Code, as amended, and as said code may from
time to time be amended.
ge. Antennae and their supporting structures (towers) shall be painted, lighted, erected
and maintained in accordance with all applicable rules and regulations of the Federal Aviation
Administration and all other Applicable Laws.
~f All of Grantee's plant and equipment, including, but not limited to, the antenna site,
headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable.
fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced,
removed, repaired, maintained and operated in accordance with good engineering practices,
performed by experienced maintenance and construction personnel so as not to endanger or
-14-
interfere with improvements the City may deem appropriate to make or to interfere in any manner
with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or
vehicular traffic.
1~. _ Grantee shall at all times employ ordinary care and shall install and maintain in use
commonly accepted methods and devices preventing failures and accidents which are likely to
cause damage, injury or nuisance to the public.
SECTION 1.23. TRIMMING OF TREES.
Grantee shall have the authority to trim trees, in accordance with all applicable utility
restrictions, ordinance and easement restrictions, upon and hanging over Streets and public places
of the City so as to prevent the branches of such trees from coming in contact with the wires and
cables of Grantee. City representatives shall have authority to supervise and approve all trimming
of trees conducted by Grantee.
SECTION 1.24. USE OF GRANTEE FACILITIES.
The City shall, at its own expense, have the right to install and maintain upon the poles and
within the underground pipes and conduits of Grantee, any wires and fixtures desired by the City
to the extent that such installation and maintenance does not interfere with existing operations of
Grantee.
SECTION 1.25. PROGRAMMING DECISIONS.
All programming decisions shall be at the sole discretion of Grantee; provided, hO\vever,
that any change in the mix, quality or level of service pursuant to 47 U.S.C. S 545(a) shall require
the prior approval of the City. Such approval by the City shall not be unreasonably withheld.
SECTION 1.26. INDEMNIFICATION.
Grantee shall indemnify, defend and hold the City, its officers, boards, commissions,
agents and employees (collectively the "Indemnified Parties") harmless from and against any and
all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements,
losses, expenses (including reasonable attorneys' fees) and costs of any nature that any of the
Indemnified Parties may at any time, directly or indirectly, suffer, sustain or incur arising out of,
based upon or in any way connected with the grant of a Franchise to Grantee, the operation of
Grantee's System and/or the acts and/or omissions of Grantee or its agents or employees, whether
or not pursuant to the Franchise. This indemnity shall apply, without limitation, to any action or
cause of action for invasion of privacy, defamation, antitrust, errors and omissions, theft, fire,
violation or infringement of any copyright, trademark, trade names, service mark, patent, or any
other right of any Person, whether or not any act or omission complained of is authorized, allowed
or prohibited by this Ordinance or any Franchise Agreement, but shall exclude any claim or action
arising out of the acts or omissions of the Indemnified Parties or related to any City programming
or other access programming for which the Grantee is not legally responsible.
-15-
SECTION 1.27. INSURANCE.
Within sixty (60) days following the grant of a Franchise, the Grantee shall obtain, pay all
premiums for and make available to the City at its request copies of the following insurance
policies:
a. A general comprehensive liability insurance policy insuring, indemnifying,
defending and saving harmless the Indemnified Parties from any and all claims by any Person
whatsoever on account of injury to or death of a Person or Persons occasioned by the operations of
the Grantee under any Franchise granted hereunder, or alleged to have been so caused or occurred
with a minimum coverage of One Million Dollars ($1,000,000) for personal injury or death of one
Person, and Three Million Dollars ($3,000,000) for personal injury or death of any two (2) or more
Persons in anyone occurrence. The policy limits provided for in this Section 1.27(a) shall be
reviewed and adjusted by the city as necessary not more than once every three (3) years.
b. Property damage insurance for property damage occasioned by the operation of
Grantee under any Franchise granted pursuant to this Ordinance, or alleged to have been so caused
or occurred, with minimum coverage of One Million Dollars ($1,000,000) for property damage to
the property of anyone Person and Three Million Dollars ($3,000,000) for property damage to the
property of two or more Persons in anyone occurrence. The policy limits provided for in this
Section 1.27(b) shall be reviewed and adjusted by the city as necessary not more than once every
three (3) years.
c. Workers Compensation Insurance as provided by Applicable Laws.
d. All insurance policies called for herein shall be in a form satisfactory to the City
with a company licensed to do business in the State of Minnesota with a rating by A.M. Best &
Co. of not less than "A," and shall require thirty (30) days written notice of any cancellation to
both the City and the Grantee. The Grantee shall, in the event of any such cancellation notice,
obtain. pay all premiums for, and file with the City, written evidence of the issuance of
replacement policies within thirty (30) days following receipt by the City or the Grantee of any
notice of cancellation.
e. If Grantee sells or transfers the Cable System, or in the event of expiration,
termination or revocation of a Franchise, insurance tail coverage shall be purchased and filed with
the City for the then applicable amounts, providing coverage for the time periods according to
applicable statutes of limitation, insurance for any issues attributable to the period Grantee held its
Franchise.
r. It shall be the obligation of Grantee to promptly notify the City of any pending or
threatened litigation that would be likely to affect the Indemnified Parties.
SECTION 1.28. RECORDS REQUIRED AND GRANTOR'S RIGHT TO
INSPECT.
a. Grantee shall at all times maintain the following records and information relating
specifically to the Cable System serving the City as identified by the FCC Community Unit
Identifier CCUID") as opposed to a regional cable system or other operating unit of Grantee:
1. A full and complete set of plans, records and "as-built" drawings and/or
maps in an electronic form agreed to by City and Grantee which shall be updated annually
showing the location of the Cable Television System installed or in use in the City,
exclusive of Subscriber service drops and equipment provided in Subscribers' homes.
-16-
2. If requested by Grantor, a summary of service calls, identifying the number.
general nature and disposition of such calls, on a monthly basis. A summary of such
service calls shall be submitted to the Grantor within thirty (30) days following its request
in a form reasonably acceptable to the Grantor.
b. Upon reasonable notice, and during Normal Business Hours, Grantee shall permit
examination by any duly authorized representative of the Grantor, of all Franchise property and
facilities, together with any appurtenant property and facilities of Grantee situated within or
without the City, and all records relating to the Franchise, provided they are necessary to enable
the Grantor to carry out its regulatory responsibilities under Applicable Laws. this Ordinance and
the Franchise Agreement. Grantee shall have the right to be present at any such examination.
c. The City shall also have the right to inspect, upon twenty-four (24) hours written
notice, at any time during Normal Business Hours at Grantee's office, all books, records. maps,
plans, financial statements, service complaint logs, performance test results, records of request for
service. and other like materials of Grantee.
d. Copies of all petitions, applications, communications and reports submitted by
Grantee or on behalf of or relating to Grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other Governmental Authority having jurisdiction
with respect to any matters affecting the Cable System authorized pursuant to this Ordinance and
any Franchise shall, upon request, be submitted, upon request to the City. Copies ofresponses
from the Governmental Authority to Grantee shall likewise be furnished to the City.
SECTION 1.29. ANNUAL REPORTS.
a. Grantee shall. upon request, within ninety (90) days of each calendar year end.
submit a written end of the year report to Grantor with respect to the preceding calendar year
containing the following information:
1. A Summary of the previous year's (or in the case of the initial reporting
year, the initial year's) activities in development of the Cable System. including but not
limited to, services commenced or discontinued during the reporting year;
2. A list of Grantee's officers, members of its board of directors. and other
principals of Grantee;
3. A list of stockholders or other equity investors holding five percent (5%) or
more of the voting interest in Grantee; and
4. Information as to the number of Subscribers, additional television outlets,
and the number of basic and pay service Subscribers.
b. All reports required under this Ordinance, except those required by law to be kept
confidential. shall be available for public inspection in the Grantee's offices during Normal
Business Hours.
c. All reports and records required under this Ordinance shall be furnished at the sole
expense of Grantee, except as otherwise provided in this Ordinance or the Franchise agreement.
SECTION 1.30. FRANCHISE VIOLATION.
In the event Grantor believes that Grantee has breached or violated any material provision
of this Ordinance or a Franchise granted hereunder, Grantor may act in accordance with the
following procedures:
-17-
Grantor may notify Grantee of the alleged violation or breach and demand that Grantee
cure the same within a reasonable time, which shall not be less than ten (10) days in the case of an
alleged failure of the Grantee to pay any sum or other amount due the Grantor under this
Ordinance or the Grantee's Franchise and thirty (30) days in all other cases. If Grantee fails either
to cure the alleged violation or breach within the time prescribed or to commence correction of the
violation or breach within the time prescribed and thereafter diligently pursue correction of such
alleged violation or breach, the Grantor shall then give written notice of not less than fourteen (14)
days of a public hearing to be held before the Council. Said notice shall specify the violations or
breaches alleged to have occurred. At the public hearing, the Council shall hear and consider
relevant evidence and thereafter render findings and its decision. In the event the Council finds
that a material violation or breach exists and that Grantee has not cured the same in a satisfactory
manner or has not diligently commenced to cure of such violation or breach after notice thereof
from Grantor and is not diligently proceeding to fully cure such violation or breach, the Council
may revoke and terminate the Franchise or impose any other remedy permitted by the Franchise
Agreement or Applicable Laws.
SECTION 1.31. FORCE MAJEURE; GRANTEE'S INABILITY TO
PERFORM.
In the event Grantee's performance of any of the terms, conditions or obligations required
by this Ordinance or a Franchise granted hereunder is prevented by a cause or event not within
Grantee's control, such inability to perform shall be deemed excused for the period of such
inability and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this
Section. causes or events not within the control of Grantee shall include, without limitation, acts of
God. strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental
agency or court, failure or loss of utilities. explosions, acts of public enemies, and natural disasters
such as floods, earthquakes, landslides and fires.
SECTION 1.32. ABANDONMENT OR REMOVAL OF FRANCHISE
PROPERTY.
a. In the event that the use of any property of Grantee within the Franchise Area or a
portion thereof is discontinued for a continuous period of twelve (12) months, Grantee shall be
deemed to have abandoned that property.
b. Grantor, upon such terms as Grantor may impose, may give Grantee permission to
abandon, without removing, any System facility or equipment laid, directly constructed, operated
or maintained in, on, under or over the Franchise Area. Unless such permission is granted or
unless otherwise provided in this Ordinance, the Grantee shall remove all abandoned facilities and
equipment upon receipt of written notice from Grantor and shall restore any affected Street to its
former state at the time such facilities and equipment were installed, so as not to impair its
usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own
expense. any excavation made by or on behalf of Grantee and shall leave all streets and other
public ways and places in as good condition as that prevailing prior to such removal without
materially interfering with any electrical or telephone cable or other utility wires, poles or
attachments. Grantor shall have the right to inspect and approve the condition of the streets,
public \vays. public places. cables. wires, attachments and poles prior to and after removal. The
-18-
liability, indemnity and insurance provisions of this Ordinance and any security fund provided for
in the Franchise Agreement shall continue in full force and effect during the period of removal and
until full compliance by Grantee with the terms and conditions of this Section.
c. Upon abandonment of any Franchise property in place, the Grantee, if required by
the Grantor, shall submit to Grantor a bill of sale and/or other an instrument, satisfactory in form
and content to the Grantor, transferring to the Grantor the ownership of the Franchise property
abandoned.
d. At the expiration of the term for which the Franchise is granted, or upon its earlier
revocation or termination, as provided for herein and/or in the Franchise Agreement, in any such
case without renewal, extension or transfer, the Grantor shall have the right to require Grantee to
remove, at its own expense, all above-ground portions of the Cable Television System from all
Streets and public ways within the City within a reasonable period of time, which shall not be less
than one hundred eighty (180) days.
e. Notwithstanding anything to the contrary set forth in this Ordinance, the Grantee
may, with the consent of the Grantor, abandon any underground Franchise property in place so
long as it does not materially interfere with the use of the Street or public rights-of-way in which
such property is located or with the use thereof by any public utility or other cable Grantee.
SECTION 1.33. EXTENDED OPERATION l'\ND CONTINUITY OF
SERVICES.
Upon the expiration. revocation or termination of the Franchi:;e, the Grantor shall, to the
extent not prohibited by ,^.pplicable Law:;, haw discretion to pennit and/or require Grantee to
continue to operate the Cable Television S) :;tem for a period of time not to exceed :;i~~ (6) months
from the date of :;uch expiration, revocation or termination. Grantee :;hall continue to operate the
S:. stem under the terms and condition:; of thi:; Ordinance and the Franchise and to provide the
reculur Sub:;criber :;en'ice and any and all of the services that may be provided at that time.
SECTION 1.34. RECEIVERSHIP AND FORECLOSURE.
a. A Franchise granted hereunder shall, at the option of Grantor, cease and terminate
one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees,
to take over and conduct the business of Grantee, whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been
vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers
or trustees shall have, within one hundred twenty (120) days after their election or appointment,
fully complied with all the terms and provisions of this Ordinance and the Franchise granted
pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have
remedied all the defaults and violations under the Franchise and/or this Ordinance or provided a
plan for the remedy of such defaults and violations which is satisfactory to the Grantor; and (2)
such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement
duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees
assume and agree to be bound by each and every term, provision and limitation of the Franchise
and this Ordinance.
b. In the case ofa foreclosure or other judicial sale of the Franchise property, or any
material part thereof, Grantor may give notice of termination of any Franchise granted pursuant to
-19-
this Ordinance upon Grantee and the successful bidder at such sale, in which the event the
Franchise granted and all rights and privileges of the Grantee hereunder shall cease and terminate
thirty (30) days after such notice has been given, unless (1) Grantor shall have approved the
transfer of the Franchise in accordance with the provisions of the Franchise and this Ordinance;
and (2) such successful bidder shall have covenanted and agreed with Grantor to assume and be
bound by all terms and conditions of the Franchise.
SECTION 1.3.4~. RIGHTS RESERVED TO GRANTOR.
a. In addition to any rights specifically reserved to the Grantor by this Ordinance, the
Grantor reserves to itself every right and power which is required to be reserved by a provision of
any ordinance or under the Franchise.
b. The Grantor :;hall have the rioht to waive any provision of the Franchi:;e, e~,cept
those required by .^.pplicable Laws, if the Grantor, in its sole opinion, determines (I) that it is in
the public interest to do so, and (2) that the enforcement of such pro':ision will impo:;e an undue
hardship on the Grantee or the Subscribers. 'Naiver of any provision in one instance shull not be
deemed a v;ain~r of sllch prO'.'ision subsequent to such instance nor be deemed a '<':aiver of any
other provision of the Franchi~;e unless the statement so recites.
SECTION 1.3~9. RIGHTS OF INDIVIDUALS.
a. Grantee shall not deny service, deny access, or otherwise discriminate against
Subscribers, Channel users, or general citizens on the basis ofrace, color, religion, disability,
national origin, age, gender or sexual preference. Grantee shall comply at all times with all other
Applicable Laws, relating to nondiscrimination.
b. Grantee shall adhere to the applicable equal employment opportunity requirements
of Applicable Laws, as now written or as amended from time to time including 47 V.S.C.
Section 551, Protection of Subscriber Privacv.
c. Neither Grantee, nor any Person, agency, or entity shall, without the Subscriber's
consent, tap or arrange for the tapping, of any cable, line, signal input device, or Subscriber outlet
or receiver for any purpose except routine maintenance of the System, detection of unauthorized
service, polling with audience participating, or audience viewing surveys to support advertising
research regarding viewers where individual viewing behavior cannot be identified.
d. In the conduct of providing its services or in pursuit of any collateral commercial
enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a
Subscriber's or general citizen's right of privacy or other personal rights through the use of the
System as such rights are delineated or defined by Applicable Laws. Grantee shall not, without
lawful court order or other applicable valid legal authority, utilize the System's interactive two-
way equipment or capability for unauthorized personal surveillance of any Subscriber or general
citizen.
e. No cable line, wire, amplifier, converter, or other piece of equipment owned by
Grantee shall be installed by Grantee in the Subscriber's premises, other than in appropriate
easements. without first securing any required consent. If a Subscriber requests service,
permission to install upon Subscriber's property shall be presumed. Where a property owner or his
or her predecessor was granted an easement including a public utility easement or a servitude to
another and the servitude by its terms contemplates a use such as Grantee's intended use, Grantee
-20-
shall not be required to service the written permission of the owner for the Installation of cable
television equipment.
f. No signals of a class IV cable communications channel may be transmitted from a
Subscriber terminal for purposes of monitoring individual viewing patterns or practices without
the express written permission of a Subscriber. The request for permission must be contained in a
separate document with a prominent statement that the Subscriber is authorizing the permission in
full knowledge of its provisions. The written permission must be for a limited period of time not
to exceed one year which is renewal at the option of the Subscriber. No penalty may be invoked
for a Subscribers failure to provide or renew the authorization. The authorization is revocable at
any time by the Subscriber without penalty of any kind. The permission must be required for each
type or classification or class IV cable communications activity planned.
1. No information or data obtained by monitoring transmission of a signal from a
Subscriber terminal, including but not limited to the lists of the names and addresses of the
Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise
made available to any Person other than to Grantee and its employees for internal business
use, or to the Subscriber who is the subject of that information, unless the Grantee has
received specific written authorization from the Subscriber to make the data available.
2. Written permission from the Subscriber must not be required for the systems
conducting system wide or individually addressed electronic sweeps for the purpose of
verifying system integrity or monitoring for the purpose of billing. Confidentiality of this
information is subject to paragraph 1 above.
3. For purposes of this Section 136, a "class IV cable communications channel" means
a signaling path provided by a System to transmit signals of any type from a Subscriber
terminal to another point in the System.
SECTION 1.37. CONFLICTS.
In the enmt of a conflict betv.een any pro\'i:;ion of thi:; Ordinance and a franchi:;e
.\;;reement. the provision:; of thi:; Ordinance :;hall control.
SECTION 1.3Q8. SEVERABILITY.
If any provision of this Ordinance is held by any Governmental Authority of competent
jurisdiction, to be invalid as conflicting with any Applicable Laws now or hereafter in effect, or is
held by such Governmental Authority to be modified in any way in order to conform to the
requirements of any such Applicable Laws, such provision shall be considered a separate, distinct,
and independent part of this Ordinance, and such holding shall not affect the validity and
enforceability of all other provisions hereof. In the event that such Applicable Laws are
subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof
which had been held invalid or modified is no longer in conflict with such laws, said provision
shall thereupon return to full force and effect and shall thereafter be binding on Grantor and
Grantee. provided that Grantor shall give Grantee thirty (30) days written notice of such change
before requiring compliance with said provision or such longer period of time as may be
reasonably required for Grantee to comply with such provision.
-21-
PASSED, APPROVED, AND ADOPTED this
day of
,1997.
THE CITY OF W A YZA T A, MINNESOTA
By:
Its:
ATTEST
By:
Its: City Administrator
0331677 01
-22-
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDUM
TO:
Mayor and City Council
FROM:
Shannin AI-laff, Planner II
DATE:
October 8, 1997
SUBJ:
Enteliainment Center - Cinema Section
On January 22, 1996, the City Council approved the site plan for the Entertainment Center with
conditions. The constlUction plans appear to be different from the site plan approved by the City
Council. Some elements have been changed or substituted. These changes are as follows:
1. Approved plan reflected a retaining wall and handrail surrounding the south side of the
building. This feature has been eliminated and substituted with a landscaped berm.
2. The fake window above the entrance into the theater (see attached) was intended to be
backlit. The glass and the back lighting feature has been eliminated.
3. The exterior of the building was approved with a stucco finish. The revised plan shows a
material that resembles rock face block finish. The applicant is preparing a colored
rendering and a sample of the materials used.
Weare working with the applicant to get the building to look as similar as possible to that approved
by the City Council. This item will be scheduled for the October 27, 1997 City Council meeting for
discussion.
o
e~osauu!V~ 'uessU4U'8\'
.Ja~ua:::> ~uawu!apa~u3 uassaLjual
-\ - ~ ,..
~.~'
\.(
Ii
f~
<~
:-;
~ '"
~
,- ~
"" '..
1~
u Il~
:.-"l ,-
.1 I ~
,) k
::: \ ~t-(
. ~ ;;tA
V;" ,,5
:1.: ~;;A4
:.5 N"U
r ~':oi*
"
,
; ,
I ~ I
_:~f."~",,~~i
I
,i \
\:c~-c=:~~~?'i \
u
-~ '<l
'-
"\ '
i
\
._~-~
'.XJ
~l<!i\
.1 l~~~
".l~i. \ t~~l
\ Jl~ ~H~~
I ih' t.,
I\\\I~L~~-:
U!;!-"=-----\
'"'\
11
" '
il 1\
~rdf
I'i~';
ii:J-~r;
1:~~~li
I ,1>- 'Ii,
~-~-:-.._-_::
~. i
~ "
'", ~
f\ --
~J ~
~" ...
t}~ ~~
,> ,~ ~~
'~i "'~
{l) f .t;n
.... lo.,.'~
i. ~~D
f\:~'1- ...:
~v-nu
:1.\
,.----
... )~
'---,
---;--.:: -~~,- -,
,.--'U--__~__ ~
c P'-
'---
~
l'
1~
\
~.~
~+
~-'4)
Y"f'
~.'~-"
~e5
i~!
~....
-- ,~
! ,\.1 ;:,
\' t~":'\'
. j),j-~
, ~~, ~~
1 ~~! ~ r
L---__..__
"\
)( ><
i
,~
j
....r;
I,
~
l
~
~
, t
~
L
R
~
~
~
,;li:
~i
~~
~~
\\..1
f;~
..
r-;~ z j
<,-
Ut: ~~
.....~
:--
--
=-.: -1
TiH-
, -:"-d; \1
il,~, I (
\'t'~~ '
:. .'~~ :
i . -;;:.;:,,. ~
.=- I
"Jull
\ \rC-~~n
;'~~
-_,.8~iiiI\'
if, ,..<I!'i '
'\! '""" I, \ ,
;,' "1.\ I
, , -- ~I'
! r ~31 ;
I ,f--,,=4\!.' \
,. "~li \ \
rl~ -- ,
'" ,-------, '1
'h -.Il'4\
11::1111 \
'I: ~- _:~~J\ i .
II'l,,'ji1Ir l'
\'\L--1.';\' \ :
r-' I
~L' -"~! 1:1 .
\ I' - ':'U \
01r.~ ~i
, 't--::::i"T ~
iI.I.-~~.:l"~II. .
ILL ;;;;\' \ "
r:~- -~II J'
)U_ --~~\I: '
'1,,-':')'1' \-
\ ,_ __,1 I t
1;:"- .C::;~ \ I I f
If~~1! hi:
~
~;.
\
~
to
~
~
..
,
\
I
!
_n _________J
/-'
'~ ~
~j ~!
"s ~/-;S' ~
;..t ... -t
~i !ii- ';
\\ t.-- I r.
__ ~i ~~~ e
;"\ e,~ "
:~ ~~~.':
"'}l.
~,; t
! ~ i
Hi
s-
~dV~:~~:;'~'-;.~
~
-
-
C
-\'
"-
c::: --:
I
\
~
l'
':'
:}
~~
-~
~
t;
:;J
t
~
,,.
"
~~
~~
:;\~e
,:.~ ~
!'in;
~ll.
~i~
...,,'lIl
"'*---==-~ --
" /' ,-' , '
\:- I ',)~ ~~. '':, ,J
'~I 'c: ,:-:, \, \
:'. ~.~..,I;-~ >-=\
: -" ~'-X"'"
,s:."
<.:1), "
'~o-.
.~~,~'
'-- ~
.-: kCD.:!.ll.l:::
~. ,-, __ '1.7 ' ~- ~ r _ .-
,_;-._ ;......,:~... .' 1,-;
CITY OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
MEMORANDUM
TO:
Mayor and City Council
FROM:
Shmmin AI-laff, Planner II
DATE:
October 8, 1997
SUBJ:
Enteliainment Center - Cinema Section
On January 22, 1996, the City Council approved the site plan for the Entertainment Center with
conditions. The construction plans appear to be different from the site plan approved by the City
Council. Some elements have been changed or substituted. These changes are as follows:
1. Approved plan reflected a retaining wall and handrail surrounding the south side of the
building. This feature has been eliminated and substituted with a landscaped berm.
2. The fake window above the entrance into the theater (see attached) was intended to be
backlit. The glass and the back lighting feature has been eliminated.
3. The exterior of the building was approved with a stucco finish. The revised plan shows a
material that resembles rock face block finish. The applicant is preparing a colored
rendering and a sample of the materials used.
We are working with the applicant to get the building to look as similar as possible to that approved
by the City Council. This item will be scheduled for the October 27, 1997 City Council meeting for
discussion.
..-"-==-
(,)
J'
~_J
\
-----. \
\
--_\
'J
I,.,
( ,
....J
-----..-.
-;;-::~
()}
::-~ !
L..L !
t
!
.0
r-t
'] .:
\ \
\ ~.
~! ~
c5
~'
/
"-
)
o
-C
cJ1
i
t
I
i
I'
,
1
j
-,
,"
,
)1
"
- I
~
~
'-
-:; L/
(
:s
+
~')
1. \
;"-r
ft:
.t:."1
t~.
~ JL ~I)' L!r-'
ll..- - \ f ji
,... J i
i ~. _ ... i
:;J---k-. .-
: . I! "-.1..:.t"
t~ .'---" F--~p.=='
.__.~.
,
,/
l..l
~
2,
\
^
T"==V
"t1-, -. ".-: \..... fl-' .- L
"':.! ; 1-
]:-_-____.JJ.L L . \: , ~ r-
. I --.-- --,' 4r- - .+--
; I ~ r .
! . . . _' _ __ . I \
I " .'. f';'" .,--".~ 'j ;l --t-
'i r f 't '1 II I!
II; , I" i I I, ,'n :...:::.:~.-
,,; . \ ' "', ~\: :!
tJ ! \ ~.:.::"cc~" !', J~ i
~i' I' . "-.v.__~. ~. .__._.::t~ -H._ - -
J,I' 01---11,..,.._..- --.- ___. . 'i I '+< - -. f.
.j ,I -',', l
bt.~l Ii; I.]
b.r'" \I . ,I
;1' \: Ii'
;i ji i 1 ; 1
. ~---~~--- ll- .'frT ~
h : t, .
r. i ,: ' ,
~~.. ~J-1i: "3 . . :j
l-rl~-"--:' --r"::--~,., -.--..
~ i' r
,:.' '-' II
I \r~F~~~~: -T-r'
\j +jl -- ':~
!!.li"P
II 4 Ii I
i'ti, \1 r-Ti j
;1, L--..:,'~
._~;;; ~,!
: jl , .r- ...L.__._\!;
:' .' :]: -~.~.-~-.-:r'
t; ~ .!~; ,:
'I i I, n p,
I I: i: II! " 'i
\ I ~-"':il ' I
;1 ;r_ ~l L' :',!
: ' I' I,:
I ~:, Ji' I
I ~ I ~=--4\
I i I - 'C ~ - -.-- ~ ~- -
" I "...r- - ----.+-
. ) . If-'. - ."-',1 ;'--
Ii :1
"
J
r, ,
I,
::
"
.'
;1' ,; ,--t ry-~- - '-. ~_. t"
, : 1 .J----... \L.__
" : ~ r~-u-"._",
~i I 1\ II "'~"--
I ;1 j L~-:---!t -.
I :.1-'; "=-____ '.' ----
4-1.
. '
\.,
i
""-~.~..
;.~ ?
1
\'
i
'I
\1
'\
i'
i
,
\ '
'\
~ \.-
~'
"
. .,
h ~,
. ,
'..i
,\ '
-~ -
r'~
~t ,
.,\ I
~.
i .
:~
.J-;-
r.
\.~
':' ~
..- ,-
i.;/
. .
""
...
.'
~,
,. .1
\) I
1,--
t.
~'11.
,'-"
-/'
-::.:1
i
=-"'l
-~.~J~
,.. :i
.::.._c;j
~
I
\
\
1
v---
_/ :J,If7r:l 1Ft:"
~'-....- ~-
f'!
-.L
I'
,
I
i/(
'v \
----~-::./ "
~~~~~~ et: t(Dpedic> lJ =-
. ---.,--.-
....~---,..-
~' Tr,-O-'";:~~Az.4Il
->-::~.~:::~/ /' -- ..:
t<,---'- ~-_,,::~,-'/r ~ .J"--- Ie: j .--........~
\:,.~ (/-:-.---., ~~~~=~.~~
;,;,;-.C' " _ (;':;-" y, " . 1
I ---TI' .:' \ '-...1 , ~~'$:::,:7
, ~ ,i Ii . ' I' 't"... ..'t'
. . ,,' ' -- ~_.,,'
~ ~ ,__ _' ">-,,_' .-", ,__ -I - · .--.--'1
l~._. -..._, 'iT-.-.1.r.:.- --.....'" ...J.' . \ I
:. ,.r'-)'-::::::='=:=-'--::-.c.: _.~ . 1 " : '
l I, i - --' _C~~ Ec.', ".,,1;-1 !
,==__ it ."
I 'T, --- ---. ..\
'It'~-I~ ,I ~\-l..I.l~ I ----o11'!' , _.~ '1~;'~:~'~.'~ ..:.-r~~~~~l-~ c_ : 1
..... ~,..-..-:-il
. -...
..Jj : (i - : I, ",~-;,,-~,- ,
1 1 , ! . .u. -,
I: l i 'Gr .
.1' I
~._..-.-
I
I
J
i...
.....
# ~ ~....#
.. ' ! ; ~.Ir I -
I ........i 1 ~ _1."-
_.... .. _ ~. ./-1' . '-. ~
~. (;:: 4 ,,......,..
.... J" .- ~ :
. ... '~/rI \
,. . ~...... ..
("' :
V! .,,<, "- .::..i-t....\ l
1 1 . .....
II ' .l 'Y.' r [1..- I.e> ('~
I
(...i I rn.' r,"'';- c..'
.':~i~:::~ii:t;'~'~l'~"
.~.~;;, " ~
,,' ~ ",J,;:~;:~~:~ ~);~,~<?")r;',,:
""-.I
~~,:.
j ~