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1996-10-21_COUNCIL PACKET
AGENDA EDINA HOUSING AND REDEVLEOPMENT AUTHORITY EDINA CITY COUNCIL October 21, 1996 7:00 P.M. ROLLCALL ADOPTION OF CONSENT AGENDA Adoption of the Consent Agenda is made by the Commissioners as to HRA items and by the Council Members as to Council items., All agenda items marked with an asterisk. ( *) and in bold print are Consent Agenda items and are considered to be routine and will be enacted by one motion. There will be no separate discussion of such items unless a Commissioner or Council Member or citizen so requests, in which case the item will be removed from the Consent Agenda. and considered in. its normal sequence of the Agenda. I. APPROVAL OF MINUTES of HRA Meeting of October 7, 1996 II. AWARD BID - Pedestrian Light Fixtures Centennial`Lakes III. PAYMENT OF HRA CLAIMS as per pre -list dated 10/16/96 Total: $8,108.75 Rollcall required IV. ADJOURNMENT EDINA CITY COUNCIL PROCLAMATION: EDINA CHAMBER OF COMMERCE 25TH ANNIVERSARY I. APPROVAL OF MINUTES - Regular Meeting of October 7, 1996 . . II. PUBLIC HEARING AND REPORTS ON PLANNING MATTERS - Affidavits of Notice by Clerk. Presentation by Planner. Public comment heard. Motion to close hearing. Zoning Ordinance: First and Second Readings require 4/5 favorable rollcall vote of all members of Council to pass. Waiver of Second Reading: 4/5 favorable rollcall of all members of Council required to pass. Final Development Plan Approval of Property Zoned Planned District: 3/5 favorable rollcall vote required to pass. Conditional Use Permit: 3 /5'favorable rollcall vote required to pass. A. Variance Appeal 5105 Richmond Drive, Tom Crowley III. PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE EASEMENT Affidavits of Notice by Clerk. Presentation by Engineer. Public comment hear. Motion to close. hearing. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote to pass. A. Continue to 11/4/96 Vacation of Utility and Drainage Easement - Jyland Dennis Addition IV. ORDINANCES First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of majority of all Council members to pass. A. First Reading - Ordinance 1996 -3 - An Ordinance Requiring the Issuance of Permits for Use of Public or Private Property for Filming of'.Motion Pictures, Commercials or Other Video Productions or Commercial Photography. B. First Reading .Ordinance 1996 -4 - Cable Television Regulatory Ordinance and Ordinance 1996 -5 - An Ordinance Renewing the Cable Television Franchise Agreement with Paragon Cable. V. AWARD OF BIDS A. Sod for Braemar Soccer Field B. Creek Valley School Park Warming/Well House Roof Replacement & Decking Repair C. Strachauer Park Playground Equipment D. Edina Aquatic Center Improvements /Report Verbal Presentation VI. RECOMMENDATIONS AND REPORTS A. Traffic Safety Report B. Resolution Livable Communities Act C. Appointment of Boarman & Associates Architects City Hall Predesign Study D. Traffic Trailer Report VII. COMMUNICATIONS AND PETITIONS A. Receive petition for sidewalk, south side of Dewey Hill Road between Cahill and Delaney VIII. CONCERNS OF RESIDENTS A. Ron Elmquist - traffic safety concern IX. INTERGOVERNMENTAL ACTIVITIES X. SPECIAL CONCERNS OF MAYOR AND COUNCIL XI. MANAGERS MISCELLANEOUS ITEMS XII. FINANCE A. Payment of Claims as per pre -list dated 10/16/96 TOTAL: $1,376,065.20 and for confirmation of payment as per pre -list dated 10/09/96 TOTAL: $168,761.19 Rollcall required Mon Nov 4 Regular Council Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Nov 5 GENERAL ELECTION DAY (POLLS OPEN 7:00 A.M. - 8:00 P.M.) Wed Nov 6 Special Council- Canvass Election Returns 5:00 P.M. COUNCIL CHAMBERS Mon Nov 11 VETERANS DAY - CITY HALL CLOSED Mon Nov 18 Regular Council Meeting 7:00 P.M. COUNCIL CHAMBERS Thu Nov 28 THANKSGIVING DAY - CITY HALL CLOSED Fri Nov 29 DAY AFTER THANKSGIVING - CITY HALL CLOSED Mon Dec 2 Regular Council Meeting 7:00 P.M. COUNCIL CHAMBERS Wed Dec 4 Truth In Taxation Hearing 7:00 P.M. COUNCIL CHAMBERS Mon Dec 16 Reg Council Mtg. - Truth In Tax Con Hrg 7:00 P.M. COUNCIL CHAMBERS Thu Dec 26 Budget Adoption Mtg. & Year End Mtg. 5:00 P.M. COUNCIL CHAMBERS Wed Jan 1 NEW YEAR'S DAY - CITY HALL CLOSED Mon Jan 6 Regular Council Meeting 7:00 P.M. COUNCIL CHAMBERS A RESOLUTION w91��I� ELECTING TO CONTINUE PARTICIPATING IN THE o @ S LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM o UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT t=nR rAi FNnAR YEAR 1997 City of Edina WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities. Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the local.-Housing Incentive Accountjs intended to provide certain funding and other assistant to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November. 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and. life -cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the City of Edina hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of October 21, 1996 and as recorded in the Minutes of said regular meeting. WITNESS; my hand and seal of said City this 31st day of October, 1996 Debra A. Mangen City QfOrk City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 �91r1A. O G � m 1c, a0 • �.y�APCIMT� RESOLUTION WHEREAS, the following described.property is at present a single tract of IandCity.Of Edina Tract P, the East one -half of Tract O, Registered Land, Survey No. 1050, Files of Registrar of Titles, County of Hennepin, State of Minnesota; WHEREAS, the owner has requested the subdivision of said tract into separate tracts, described as follows: TRACT A: The east half of Tract O, except the north 178.00 feet of said Tract O; and that part of Tract P lying westerly of line drawn 120.00 feet easterly of and parallel with the west line of the east half of said Tract O, except the north 178.00 feet of said Tract P, all in REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota. TRACT B: The north 178.00 feet of the east half of Tract O; and Tract P, except that part of said Tract P which lies westerly of a line drawn 120.00 feet easterly of and parallel with the west line of the east half of said Tract O and southerly of the north 178.00 feet of said Tract P, all in REGISTERED LAND SURVEY NO. 1050, files of the Registrar of Titles, Hennepin County, Minnesota. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of October 7, 1996, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 22nd day of October 1996 City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 o o C)RPOx��FV • less PRO CLA 911A TIOX WWEPgAS, the Edina Chamber of Commerce was formed in 1971; and W&U,4S, the mission of the Edina Chain 6erof Commerce is to make Edina the optimum place to do business; and ZV &REAS, the Edina Cham6er of Commerce provides. opportunities for business growth and development; and WEWS, the Edina Chamber of Commerce provides opportunities for community involvement and enrichment; and `OTEXW, the Edina Chamber of Commerce provides opportunities for personal and professionalgrowth; and WIEREAS, more than 300 area businesses currently compose this non-profit organization; and TOYE12EM, volunteer business representatives play an integral role in the success of the organization; NOW, `Z iE1ZEEO12E, 1, Fred Richards, 9Kayor o, f Edina do hereby proclaim November 2, 1996 to be given over to the cefe6ration of the Edina Chamber of Commerce 25th Anniversary Celed ration. 1Reflect on the past,... Cele6rate the present,... andLookto the Euture 0mclaimed this 2nd day of November; 1996. Wayor MINUTES OF THE HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL OCTOBER T,1996 ROLLCALL Answering rollcall were Commissioners Kelly, Maetzold, Paulus, Smith and Chairman Richards. CONSENT AGENDA ITEMS APPROVED Motion of Commissioner Kelly and sec_ onded by Commissioner Smith approving the HRA Consent Agenda as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *MINUTES OF THE HRA MEETING OF SEPTEMBER 16. 1996. APPROVED Motion of Commissioner Kelly and seconded by Commissioner Smith approving the Minutes of the HRA Meeting of September 16, 1996. Motion carried on rollcall vote - five ayes. *BID REJECTED FOR 50TH & FRANCE LANDSCAPE IMPROVEMENT Motion of Commissioner Kelly and seconded by Commissioner Smith to reject bid for 50th & France landscaping improvements and to authorize rebid. Motion carried on rollcall vote - five ayes. CLAIMS PAID Commissioner Smith made a motion to approve payment of the HRA claims as shown in detail on the Check Register dated October 3, 1996, and consisting of one page totaling $34,213.03. Commissioner Kelly seconded the Motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the HRA Agenda, Chairman Richards declared the meeting adjourned: Executive Director Ow ' e AGENDA ITEM: H RA i i . `)) , T DATE: OCTOBER 21. 1996 �0aa REQUEST FOR PURCHASE TO: HRA FROM: GORDON L. HUGHES VIA: KENNETH E. ROSLAND SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 ITEM DESCRIPTION: PEDESTRIAN LIGHTS Company Bid Amount 1. J.H. LARSON ELECTRIC CO. 1. $ 8,772 2. STERNER LIGHTING 2. $12,370 3. 3. 4. 4. RECOMMENDED BID: J.H. LARSON ELECTRIC - $8,772 GENERAL INFORMATION: This bid is for furnishing and installing four pedestrian light fixtures in the vicinity of the Centennial Lakes putting course. l� ADMINISTRATION Signature Department The Recommended bid is (within budget) (not within budget) '� �2L (,),6 ae - Kenneth Rosland, City Mana er John Wallin, Finance Director C- UNCIL CHECK REGISTER WED, OCT 16, 1996, 7:44 PM page 1 C.iCK NO -- DATE - - - - - - - - - - CHECK AMOUNT, - - - - - - - - - - - - - - - - VENDOR - - - - - - - - - - - - - DESCRIPTION INVOICE PROGRAM OBJECT PO NUM 1.2964 10/21/96 $341.87 - - - - - - - - - - - ABLE HOSE �, RUBBER INC - - - - - - - - - - - - - - - - - = - - - - - SUCTION HOSE - - - - - - - - - 9607885 - - - - - - - - - - - CENTENNIAL - - - - LAK - - - - - - - - - - ------ PARKS ---- 1677 ------- 10/21/96 $200.22 . ABLE HOSE & RUBBER INC :SUCTION HOSE FOR POND 9608134 CENTENNIAL'LAK PARKS 1894 *> $542.09* L2965 10/21/96 $452.10" BACHMANS PLANTS & SHRUBS FOR P 99688 CENTENNIAL LAK PARKS 1864 _ < *> $452.10* 1.2966 10/21/96 $1,465.50 COUNTRY CLUB TURF SOD 1637 CENTENNIALLAK PARKS 511 < *> $1,465.50* 12967 10/21/96 $169.01 DALE,GREEN CO. BLACK DIRT FOR PC.PLA 3072 CENTENNIAL LAK PARKS 1686 *> $169.01* 12968 10/21/96 $44.20 GRAYBAR ELECTRIC CO. PULL BOX COVER 10461907 CENTENNIAL LAK PARKS 1680 10/21/96 $49.62 GRAYBAR ELECTRIC CO. ELEC SUPPLIES FOR PC 10463208 CENTENNIAL LAK PARKS 2077 10/21/96 10/21/96 $134.24 GRAYBAR ELECTRIC CO. ELEC SUPPLIES FOR PC 10463213 CENTENNIAL LAK PARKS 2077 - $152.90- GRAYBAR ELECTRIC CO. PVC 10463473 CENTENNIAL LAK PARKS *> $380.96* - 12969 10/21/96 $134.11 HEDBERG AGGREGATES MOTOR SAND 57232 CENTENNIAL LAK PARKS - 1529 10/21/96 $219.70 HEDBERG AGGREGATES ROUND FIELDSTONE FOR 57257, CENTENNIAL LAK PARKS 1529 10/21/96 $449.80 HEDBERG AGGREGATES SPLIT FIELDSTONE 57613 CENTENNIAL LAK PARKS 2209 10/21/96 $225.89 HEDBERG AGGREGATES LARGE BOULDERS FOR PO 74150 CENTENNIAL LAK PARKS 1888 *> $1,029.50* 1.2970 10/21/96 $147.55 KNOX COMM CREDIT SUPPLIES FOR PONDS 231313 CENTENNIAL LAK PARKS 1936 *> $147.55* 12971 10/21/96 $1,749.24 LEITNER COMPANY GREEN MIX 093096/H CENTENNIAL LAK PARKS *> - $1,749.24* 12972 10/21/96 $126.42 MINNETONKA IRON WORKS, RAILINGS FOR PUTTING 1658 CENTENNIAL LAK'PARKS 1468 - *> $126.42* 12973 10/21/96 $1,591.12 PRIOR LAKE AGGREGATE BOULDERS 093096 CENTENNIAL LAK PARKS *> $1,591.12* .12974 10/21/96 $455.26 WATER CREATIONS POND SUPPLIES 014614 CENTENNIAL LAK PARKS 2041 = *> $455.26* $8,108.75* MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 7, 1996 - 7:00 P.M. ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion made, by Member Kelly and .seconded by Member Smith adopting the Council Consent Agenda as presented with the exception of item V.A. one Public Works 145 H.P. Self Powered Snow Blower. Rollcall: Ayes: Kelly; Maetzold, Paulus, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF SEPTEMBER 16: 1996. APPROVED Motion made by Member Kelly and seconded by Member Smith approving the Minutes of the Regular Meeting of September 16, 1996. Motion carried on rollcall vote- five ayes. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as. recorded on the following proposed assessments: 1. WATERMAIN IMPROVEMENT NO. WM -317 Location: Fuller Street and West 55th Street from France Avenue to Beard Avenue. Analysis of assessment for Watermain Improvement No. WM -317 showed total construction cost of $198,891.98 proposed to be assessed 56 lots at $3,474.35 against 21 lots, $3,574.34 against 35 having extra sod restoration and $828.73 against one lot that had a previous consumer deposit on record. Assessments to be spread over ten years. Bob Haben, 3800 West 55th Street requested no assessment because when he bought his home it had water and he feels there is no increase in value from the current project: Arthur Felker, representing Richard Felker, 3713 West Fuller Street, urged Council to assess St. Peter's Church for all connections. Assessment for Watermain Improvement No. WM -317 approved by motion of Member Smith, seconded by Member Maetzold. Rollcall: _Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 2. . STREET IMPROVEMENT WITH CURB & GUTTER NO. BA -302 Location: Maloney Avenue from Blake Road to Washington Avenue. Analysis of assessment for Improvement No. BA -302 showed a total construction cost of $497,436.83 less state aid reimbursement of $400,810.03 for a.total of $96,626.80 proposed to-be -assessed against 40 parcels at $20.00 per assessable foot. Assessments to be spread over ten years. Judy Johnson, 425 .Monroe Avenue South,. requested relief from the assessment. Mrs. Johnson referring to her October 2, 1996 letter, stated the work done during the improvement has increased water problems on her property, caused problems with her fence and the quality of the work done by the contractor was very poor. Engineer Hoffman stated staff could modify the Johnson property to rectify the water and grading problems. Member Smith moved adoption of the assessment as presented, directing staff to work with the property owner. at 425 Monroe to resolve their issues. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 3. STREET IMPROVEMENT WITH CURB & GUTTER NO. BA -303 Location: Parklawn Avenue between Edinborough Way and Centennial Lakes Analysis of assessment for Improvement No. BA -303 .,showed a total construction cost of $2,201,326.83 proposed to be assessed against 27 parcels containing 1,473,445 assessable square feet at $1._494 per square foot. Assessments to be spread over ten years. ,No oral objections were heard and no written objections were received prior hereto. Motion by Member Kelly, seconded by Member Smith approving the assessment of Improvement No. 13A -303 as presented.. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards .. Motion carried. (Assessment levied by resolution later in Minutes.) 4. STREET IMPROVEMENT WITH CURB & GUTTER NO. BA -308 Location: Lakeview Drive from Concord Avenue to Wooddale Avenue... Analysis of assessment for Improvement No. BA -308 showed a total construction cost of $59,131.21 proposed to be assessed against 22 parcels containing 2,236.43 assessable feet at $26.44 per foot. Engineer Hoffman explained three homeowners should receive the following credit for'replacing their own driveways: 4604 Lakeview - $793.20, 4607 Lakeview - $1,057.60, and 4608 Lakeview $528.89. In addition, the proposed rate is higher'because the asphalt replacement costs were higher than estimated. The Public Works Department was renovating the street surface, therefore, Engineer Hoffman recommended the Public Works street renovation budget bear the higher cost not the homeowners. A letter was received from the property owner at 4506 Lakeview Drive objecting to the assessment because the property owner had allowed the City to construct storm sewer on their property. Engineer Hoffman recommended the two properties at 4506 Lakeview Drive and 4508 Lakeview Drive receive a credit in exchange for the easements granted on their properties. Engineer Hoffman acknowledged the appearance of the project is not satisfactory. In the spring the City will overlay the side of the road that is off -color at the City's cost:. Assessment to be spread over ten years. Motion of Member Kelly,. seconded by. Member Paulus approving the assessment of Improvement No. BA -308 with adjustments as proposed. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 5. AQUATIC WEEDS IMPROVEMENT NO. AQ -96 Location: Indianhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ -96 for Indianhead Lake showed a total cost of $9,690.63 proposed to be assessed against 33 homes at,-$293.66 per home. One year assessment payable in 1997. Location: Arrowhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ -96 for Arrowhead Lake showed a total cost of $11,574.95 proposed to be assessed against 31 homes at $373.93 per home. One year assessment payable in 1997.' No oral objections were heard and no written objections were received prior hereto. Motion by Member Smith; seconded by Member Maetzold approving the assessment of Improvement No. AQ -96 as presented. Rollcall: Ayes.' Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 6. MAINTENANCE IMPROVEMENT NO. M =96 Location: 50th and France Business District Analysis of Assessment for Maintenance Improvement No, M -96 showed a total- maintenance cost of $68,101.74 proposed to be assessed against 324,294 assessment feet at $.021 per foot. One year assessment payable in 1997. No oral objections were heard and no written objections were received prior.. hereto. Motion by Member Maetzold, seconded by Member Smith approving . the assessment of Improvement No. M -96 as presented.. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 7. TREE REMOVAL PROJECT NO. TR -96 Various locations throughout the City Analysis of assessment for removal of dead or diseased trees showed a total cost of $6,060.76 proposed to be assessed against seven parcels. The amount and term per parcel are as follows: a. One year assessment: 5532 Vernon Avenue; in the amount of $625.00 b. Three year assessments: 5845 Beard Avenue in the amount of $745.50, 4600 Casco Avenue in the amount of $505:87,-,5836 York Avenue in the amount of $691.19 C. Five year assessments: 5635 Casco Avenue in the amount of $1,496.33 and 5016 Hankerson Avenue in the amount of $1,011.75 d. Six year assessment: 5801 Abbott Avenue in the amount of $985.12. David Mights, 5801 Abbott Avenue South requested relief from the assessment because when he purchased his -home 3-4 years ago, the boulevard trees were the City's responsibility. This was one of the reason's he purchased where he did. Now, the City has made the trees the property owners' responsibility. Mr. Mights has two .dead trees and is looking at a large assessment and feels it is unfair. `Motion by Member Maetzold, seconded by Member Smith approving the assessment of Improvement No. TR -96 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution later in Minutes.) 8. TREE TRIMMING IMPROVEMENT NO. TT -96 Location: Various locations in the area bounded by Highway 100 on the west, Golf Terrace and 54th Street on the north, the eastern city boundary line on the east, and the southern city boundary line on'the south. A total of 510 trees were trimmed; 355 large,trees at a cost of $22,532 and 155 small - trees at a cost of $4,471.25 for a total cost to be assessed against the 399 parcels totaling $26,802.75 after adjustments. Chap Le, .5913 Fairfax expressed frustration that the estimate received for the tree trimming was lower than the actual cost of the assessment. Jennifer Lee, 5929 Ashcroft Avenue stated an eighty -year old oak tree on her property was trimmed improperly and she was being charged $68.70 for the work. Motion by Member Maetzold; seconded by Member Smith approving the assessment of Improvement No. TT =96 as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. (Assessment levied by resolution, later in Minutes.) Following the presentation of analysis of assessments and approval, Member Smith introduced the following resolution and moved adoption: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council has met and heard and passed upon all written and oral objections to the proposed assessments for the improvements listed below: Watermain Improvement, No. WM -317 Street Improvement w /curb & gutter No. BA -302 Street Improvement w /curb & gutter No. BA -303 Street Improvement w /curb & gutter No. BA -308 Aquatic Weeds Improvement No. AQ -96 Maintenance Improvement No. M -96 Tree Removal Improvement No. TR -96 Tree Removal Improvement No.'TR -96 Tree Removal Improvement No. TR -96 Tree Removal Improvement No. TR -96 Tree Trimming. Improvement No. TT -96 BE IT RESOLVED by the City Council of the City of Edina;, Minnesota, as follows: 1. Each assessment as set forth in the assessment rolls on file in the office of the City Clerk for each aforementioned improvement is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found be benefited by the improvement in the amount of the assessment levied against it. 2. The assessments shall be payable. in equal installments, the first of said installments, together with interest at a rate of 8.0 percent per annum, on the entire assessment from the date hereof to December 31, 1996, to be payable with the general taxes for the year 1996. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: NAME OF IMPROVEMENT NO. INSTALLMENTS Watermain Improvement, No. WM -317, Levy No. 13803 10 years Street Improvement w /curb & gutter No. BA -302 Levy No. 13805 10 years. Street Improvement w /curb & gutter No. BA -303 Levy No. 13804 10 years Street Improvement w /curb & gutter No. BA -308 Levy. No. 13806 10 years Aquatic Weeds Improvement No. AQ -96 Levy No. 13798 1 year Maintenance Improvement No. M -96 Levy No. 13795 1 year Tree Removal Improvement No. TR -96 Levy No. 13800 1 year Tree Removal Improvement No. TR -96 Levy No. 13801 3 years Tree Removal Improvement No. TR -96 Levy No. 13802 5 years Tree Removal Improvement No. TR -96 Levy No. 13864 6 years Tree Trimming Improvement No. TT -96 Levy No. 13799 1 year 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the. whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time thereafter, pay- to the city treasurer, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the. next succeeding year. , 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted this 7th day of October 1996. Motion for adoption of the resolution seconded by Member Maetzold. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. PUBLIC HEARINGS HELD: PRELIMINARY REZONING APPROVED - R -1 SINGLE DWELLING UNIT DISTRICT TO PRD -1, PLANNED RESIDENCE DISTRICT AND PRELIMINARY PLAT APPROVED OLDE VERNON (SOUTH OF VERNON AVENUE AND EAST OF OLINGER ROAD) - PHILIP STEPHEN COMPANY Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen stated the subject property is an undeveloped tract of land measuring 9.1 acres in area. The original development proposal submitted at the September'3, 1996, Council meeting requested rezoning the property from R -1, Single Dwelling District to PRD -1 Planned Residence District to allow a development of 34 townhouse dwellings. Currently, the proponent has reduced the request to 32 townhouse dwellings and revised the development. Planner Larsen reviewed changes to the proposed development. From reducing the total unit count to 32 the density is reduced to 3.5 units per acre. The three unit buildings were removed so all buildings now contain two units, and the cul de sac in the south central portion of the site has been eliminated. The internal private street now loops to Olinger Road, and storm water retention has been increased on the site. Proponent .Comment Philip Dommer, representing developer, thanked the Council for the opportunity to appear. Mr. Dommer stated they are seeking a positive vote to move the project forward. He continued the storm water handling on the site has been re- engineered, the fire /safety access has been revised, the three unit buildings revised and total unit count reduced to 32. Mr. Dommer believes that density appears to be the largest issue in the proposal: However, the revised plan pulled 'away from the existing neighborhoods allowing for more landscaping to screen the existing neighborhoods if desired. Public Comment Mark Stoeger, 5616 Highwood Drive, expressed concern with the long road running from Vernon to Olinger and its proximity to Vernon Avenue. John Forney, 5821 Mer old. Drive, speaking on behalf of many neighbors. Mr. Forney referred to an October 2, 1996 letter signed by, fifteen 'property owners regarding the proposed development, requesting "a smaller number of units and improved separation of the development from the neighborhood. Mr. Forney took issue with the proponent's seeking a variance from -the minimum acreage to develop, the density of the proposed townhouses and method of calculating the density, the setbacks, berms, and landscaping. Mr. Forney stated if the density were correct for the site, all other items would also be rectified. Lyndon Moquist, 5612 Heather Lane, asked that Council keep an open mind about what is the best use of the remaining land. Mr. Moquist stated his opinion there is a real need for single family detached homes in Edina if the price is kept less than $650,000. Steve McCormick, 5613 Heather Lane, expressed concern with the traffic control in the area and access onto Vernon Avenue. Mr. McCormick questioned the impact that storm water drainage into Hawkes Lake will have on the lake. He also believes the Council should not be concerned about any potential lawsuits regarding zoning issues Lynn Gallop, 5932 Groves Street, voiced concern with the rezoning. Mr. Gallop stated his belief that it is the Council's duty to protect homeowners from the actions of individual owners that may adversely affect existing neighborhoods. Caroline Forney, 5821. Merold Drive, stated that there does not appear to be a hardship in this situation warranting granting a- variance to rezone the property. Dennis Wagner, 5705 Olinger Road, stated the proposal as revised, will have a drastic effect on his property since the road will now run the entire length of his property. Mr. Wagner felt the development will affect traffic both on Vernon and Olinger. Phil Dommer stated the developer wants to work with the neighbors and have several options they can look at;to find a solution meeting everyone's expectations. Council Discussion /Action Council briefly discussed the revised proposal. Total number of units for the site ranged between 24 and 30. Concern was expressed that citizens know the Council looks after the best interests of the entire City, and therefore applies the zoning laws,uniformly. In addition, the length of the road running along the Wagner property was noted as was the proposed increase in traffic. Member Smith moved granting first reading to the rezoning of Olde: Vernon and approving the Preliminary Plat for 26 units of Olde Vernon. Member Paulus seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. PUBLIC HEARING HELD: VARIANCE UPHELD FOR 5120 JUANITA AVENUE, LOT 6. BLOCK 4. GLENVIEW ADDITION TO EDINA Affidavits of Notice were presented, approved and ordered placed on file.. Presentation by Assistant Planner Assistant Planner Aaker explained that September 5, 1996, the. Zoning Board of Appeals heard and unanimously approved a 5.33 foot frontyard setback variance for a front entry overhang with posts for a new home to be located at 5120 Juanita Avenue. The Zoning Board conditioned the approval on the plans submitted and that the front entry addition remain unenclosed. On September 16, 1996, Thomas R. Tarbox, 5128 Juanita Avenue appealed the Zoning Board's decision in a letter to the City Clerk. Assistant Planner Aaker stated the subject property currently is developed with a 1 % story home. The homeowners are proposing removing the home and replacing with a 2 -story home with attached garage. The property is 75 feet wide by 105 feet deep-which is shallow given the current 120 foot standard. The homeowners located the proposed home to maximize the rearyard .area and align the front wall. of the new home. with existing neighboring properties. Public Comment Larry Swandbe, representing his mother who resides at 5124 Juanita,Avenue, stated his opinion the Council would set a dangerous precedent approving a front yard setback variance. Mr. Swandbe believes the house could be redesigned and that no hardship exists in this case. Mancel Mitchell, 5137 Juanita Avenue, called attention to his October, 3,.1996-letter supporting the variance. Mr. Mitchell stated the Halva's are wonderful neighbors and urged the Council to uphold the Zoning Board's granting of the variance. Brian Olsen, 5117 Arden Avenue, reported his full support of the new home planned by Kurt and Lizabeth Halva. Mr. Olsen's property adjoins the Halva's backyard. Tom Swan, 5104 Juanita Avenue, echoed the support as stated by Mr. Mitchell and Mr.- Olsen. Curt Halva, 5120 Juanita Avenue, explained the motivation for the variance request is two fold. Mr. Halva stated they wish to keep the front wall of their new home in line with the walls of existing homes and they wish to maximize the use of their rear-yard. Dean Dovolis, architect for Curt and Lizabeth Halva, added the new home had been designed with the intent of preserving the sun light in the neighboring home. Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION. WHEREAS, the Zoning Board of Appeals heard and unanimously approved a 5.33 foot frontyard setback variance for a front entry overhang with posts for a new home to be located. at 5120 Juanita Avenue on September 3,1996; and WHEREAS, said variance decision was appealed by Thomas R. Tarbox, to the Edina City Council. BE IT RESOLVED by the Edina City Council that the Zoning Board of Appeal's decision to grant a 5.33 foot frontyard setback variance for to the property located at 5120 Juanita Avenue allowing the construction of a new home with a front entry overhang is hereby upheld. The approval is to be conditioned upon the plans submitted and that the front entry addition remain unenclosed. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. NO. 1050 (PENTAGON PARK LIMITED PARTNERSHIP AND SEAGATE TECHNOLOGY). Motion made by Member Kelly and seconded by Member Smith for adoption of the following resolution: RESOLUTION WHEREAS, the (awaiting legal description from surveyor) WHEREAS,; it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts,-of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as, separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD: UTILITY AND DRAINAGE EASEMENT VACATION GRANTED (THE COVENTRY AT CENTENNIAL LAKES FIFTH ADDITION) Affidavits of Notice were presented, approved and ordered placed on file. Member Maetzold noted he would abstain from the discussion and final vote on the drainage and utility easement. Presentation by Engineer Engineer Hoffman informed the Council the request is for the vacation of easements placed by earlier plats on The Coventry. A small triangle of land exists at the pad of Lot 9, Block 1, The Coventry at Centennial Lakes 5th Addition that needs to be clear of unnecessary drainage and utility easements. The request has been reviewed by staff and appropriate utility companies and no opposition-has been heard. Staff recommends vacation of utility and drainage easements as requested. Mayor Richards called for public comment on the vacation request. No comment or objection was heard. Member Kelly introduced and moved adoption of the following resolution: RESOLUTION VACATING EASEMENT FOR UTILITY AND DRAINAGE PURPOSES WHEREAS, a resolution by the City Council, adopted the 16th day of September, 1995, fixed a date for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 7th day of October, 1996, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described utility and drainage easement be and is hereby vacated effective as of October 7,1996: THE COVENTRY AT CENTENNIAL LAKES AS SHOWN ON THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: Commencing at the most easterly corner in the most northerly line of OUTLOT A, said THE COVENTRY AT CENTENNIAL LAKES 2ND ADDITION; thence on an assumed bearing of South 80 degrees, 11 minutes, 28 seconds West along the boundary between said OUTLOT A and said OUTLOT B for 8.20 feet to the actual point of beginning; thence'continue South 80 degrees, 11 minutes 28 seconds west along said boundary for 74.99 feet; thence northerly for 4.81 feet along a nontangential curve concave to the west, radius 952.05 feet and central angle 00 degrees 17 minutes 21 seconds, the chord of said curve bears North 09 degrees 30 minutes 36 seconds West; thence North 83 degrees 04 minutes 56 seconds East for 54.41 feet; thence North 79 degrees 41 minutes 12 seconds East for 20.65 feet; thence southerly for 2.24 feet along a non - tangential curve concave to the west, radius 1027.04 feet and central angle 00 degrees 07 minutes 31 seconds, the chord of said curve bears South 09 degrees 27 minutes 37 seconds East, to the point of beginning. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes,. Section 412.85. Member Smith seconded the motion. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Abstaining: Maetzold Resolution adopted. BID AWARDED FOR ONE 145 HORSEPOWER SELF - POWERED SNOW BLOWER Member Maetzold asked the purchase of a 145 horsepower self - powered snow blower be removed from the Council Consent Agenda for further clarification. Engineer Hoffman explained the bid was for replacement of a single stage, 1980 model root snow blower. The sole bid is for a two -stage unit which is only slightly higher priced than a replacement single stage unit. Other bids were sought but only one bid was received. Staff recommends the purchase. Member Maetzold made a motion for award of bid for one 145 horsepower self - powered snow blower to sole bidder, MacQueen Equipment at $62,169.38. Member Smith seconded the motion. Rolicall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *BID REJECTED FOR IMPROVEMENT BA -313 (70TH & METRO) Motion made by Member Kelly and seconded by Member Smith rejecting the bid for improvement BA -313 at 70th.and.Metro and to authorize re -bid. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ENGINEERING DEPARTMENT COMPUTER HARDWARE Motion made by Member Kelly and seconded by Member Smith for award of bid for engineering department computer hardware under State Contract (No. 400120) to AmeriData at $11,647.91. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR WINTER 1996 -1997 SALT PURCHASE Motion made by Member Kelly and seconded by Member Smith for award of bid for winter 1996 -1997 salt purchase to Cargill Salt, Inc., under State Contract (No. 5803 - 413231) at $27.96 per ton. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SEWER PIPE INTERNAL RE- LINING Motion made by Member Kelly and seconded by Member Smith for award of bid for sewer pipe internal re- lining to recommended low bidder, Visu -Sewer Clean & Seal, Inc., at $14,767.50. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEMAR ARENA ADDITION GRADING Motion made by Member Kelly and seconded by Member Smith for award of bid for Braemar Arena addition grading to recommended low bidder, Arnt Construction Co., Inc. at $37,328.00. Motion carried on rollcall vote- five ayes. *RESOLUTION APPOINTING JUDGES FOR 1996 GENERAL ELECTION Motion made by Member Kelly and seconded by Member Smith adopting the following resolution: RESOLUTION APPOINTING 1996 GENERAL ELECTION JUDGES BE IT RESOLVED by.the Edina City Council that the individuals named on the list as presented and on file in the office of the City Clerk be appointed as election judges for the 1996 General Election to be conducted on November 5,1996; and BE IT FURTHER RESOLVED that the City Clerk, is with this, authorized to make any substitutions or additions as deemed necessary.' Motion carried on rollcall vote - five ayes. *RESOLUTION AUTHORIZING PARTIAL RELEASE OF EASEMENT RELATING TO STORMWATER PONDING ON LOT 3. BLOCK 1. EDINA OFFICE CENTER Motion made by Member Kelly and seconded by Member Smith adopting the following resolution: PARTIAL RELEASE OF EASEMENT THE CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota (the "City "), in consideration of One Dollar and other good and valuable consideration, does hereby release the following described land in the County of Hennepin, State of Minnesota, to -wit: That part of the West 25 feet of Lot 3, Block 1, Edina Office Center, lying northerly of a line drawn 110 feet northerly of (and measured at right angles to) the Southerly line of said Lot 3, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County (the "Released Property ") from that certain easement granted to the City for the construction, operation, maintenance and alteration of the Ponding Easement Area created by and defined in Section 1 of that certain Grant of Easement (the "Easement Agreement ") dated March 19, 1979 between the Northwestern Mutual Life Insurance Company, a Wisconsin corporation, and the City, which Easement Agreement was filed with the Hennepin County Registrar of Titles on March 19, 1979, as Document No. 1321642 and the memorialized on Certificate of Title No. 623639. The conditions necessary for this release, as specified in the Easement Agreement, have been satisfied and all rights and privileges created by the Easement Agreement pertaining in any way to the Released Property are hereby terminated. IN WITNESS WHEREOF, the City has caused this Partial Release of Easement to be executed as of this 7th day of October, 1996. Motion carried on rollcall vote - five ayes. *HEARING DATE OF NOVEMBER 4. 1996. SET FOR 1997 TREE TRIMMING IMPROVEMENT (TT- 97 Motion of Member Kelly and seconded by Member Smith. setting November 4, 1996, for hearing date for tree trimming project (TT -97). Motion carried on rollcall vote - five ayes. *PETITION FOR CURB AND GUTTER - 4600 TOWNES ROAD REFERRED TO ENGINEERING FOR PROCESSING Motion of Member Kelly and seconded by Member Smith referring the petition for curb and gutter at 4600 Townes Road to Engineering Department for processing as to feasibility. Motion carried on rollcall vote -five ayes. *12CT1T1nK1 CAD CTDCCT I Ir41TIAI91- RCTWCCAI r%RnA WFCT 7RTt4 CTDFFT Amn 7719 SHAUGHNESSY ROAD REFERRED TO ENGINEERING FOR PROCESSING Motion of.Member Kelly and seconded by Member Smith referring the petition for street lighting between 5808 West 78th Street and 7732 Shaughnessy Road to the engineering department for processing as, to feasibility. Motion carried on rollcall vote - five ayes. *PETITION FOR INSTALLATION OF RIPRAP TO PROTECT CREEK BANK AT BROOKSIDE CONDOMINIUMS Motion of Member Kelly and seconded by Member Smith referring the petition for installation of riprap to protect the creek bank at the Brookside Condominiums to the engineering department for processing as to feasibility. Motion carried .on rollcall vote - five ayes. CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated October 3, 1996, and consisting of 44 pages: General.-Fund $658,164.10; Community Development Block Grant $5,065.00; Communications $10,367.73; Working Capital $97,573.96; Art Center $14,836.28; Swimming Pool Fund $1,335.42; Golf Course Fund $44,373.91; Ice Arena Fund $14,595.63; .Gun Range Fund $1,250.32; Edinborough /Centennial Lakes $33,426.12; Utility Fund $360,315.75; Storm Sewer Utility Fund $6,425.65; Recycling Program $40,048.93; Liquor Dispensary Fund $197,188.98; Construction Fund $225,316.79; Park Bond Fund $58,728.34; TOTAL $1,769,012.91. Member Paulus seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith,- Richards Motion carried. There being no further business on the Council Agenda, Mayor. Richards declared the meeting adjourned at 9:32 P.M. City Clerk oe less TO: Mayor and Council FROM: Kris Aaker DATE: October 21, 1996 REPORURECOMMENDATION SUBJECT: B- 96 -53, Rochelle & Thomas Crowley, 5105 Richmond Drive, An 11.75 foot frontyard setback variance and a .417 foot sideyard setback variance. Background Information: Agenda Item # I I . A . Consent 0 Information Only ❑ Mgr. Recommends ❑ To HRA 0 To Council Action 0 Motion ❑ Resolution ❑ Ordinance ❑ Discussion On October 3, 1996, the Zoning Board of Appeals heard and denied the homeowners request for a 11.75 foot frontyard setback variance and a .417 foot sideyard setback variance to allow a garage in the frontyard area of 5105 Richmond Drive. The request was denied by a 4 -1 vote. On October 3, 1996, Rochelle and Thomas Crowley, 5105 Richmond Drive submitted a letter to the City Clerk appealing the Zoning Boards decision. MINUTES OF THE REGULAR MEETING OF THE EDINA ZONING BOARD OF APPEALS HELD ON THURSDAY, OCTOBER 3, 1996 5:30 P.M., MANAGER'S CONFERENCE ROOM The minutes of the August 1, 1996, meeting:..Were filed as su B-96-53 Rochelle and Thomas C 5105 Richmond Drive.: ... Lot 4, Block 3, Richm . 0 . r . -ker reported the homeowners have indicated that the garage would have ........... :m .......... a ............... a gable front and Wisconsin limestone to match the existing home. The homeowners state that they have explored other options, such as installing a 12 foot wide driveway along the west side of the home to access a rearyard detached garage, however, that would create financial and other hardships. A 12 foot wide-driveway would occupy the distance between the west wall of the house and the neighbors privacy fence along the side lot line. The driveway would not allow egress windows on the west side of the building and could potentially magnify water problems with snow melt from the driveway. In addition, they believe there would be no where to put snow on the west side of the home for 34.35 feet. The homeowners would like to preserve the wooded view in their rearyard and believe the cost of a new driveway and curb cut along with the removal of the old driveway and installation of sod would increase the cost of the project considerably. Ms. Aaker concluded the Zoning Board of Appeals has a!lriras been very protective of frontyard setback areas and has strived to: :maintain cohsa tent streetscapes. Staff agrees with the approach the B:aard has tak e? o :..th e. matters. would appear that there are other options available;to the applicant that':would,:be.:.. i e. nanc conforming t o the O rd n Chair Utne asked Mr. and Mrs. Crowley when the".V" hased the property. Mr. Crowley responded they purchased the property in.;}pi`iof1996. Mrs. Mannix noted the tnention ofi:cbst differences between the proposed plan and the option of constructing a" freesta n' garage, and asked the proponents the cost difference;. Mr. Crowley said the ............ ob.' J .,srmilar with constructing the garage in the ......... ...... . ........................... ........................... ............ rearyardtt±naost experar >Vlrs. Crowley interjected that she really loves the house, and the hit gh6o : ood, anti beiE a s: the proposal is best. Continuing, Mr. Crowley said in his opinion <osirtoting th` ra` `a in the front of the house maintains the integrity of ..................... ..........�.. the house and; riE....J& bb b d, it f rte ing the Board they have taken everything into consideratan in draESg'tcse plans. If the garage is constructed in the front there plan is :fa� use the Ws�i"tame Stone that is uses throughout the facade of the houso but if it is constraated in the rear they will not be able to afford the Wisconsin Lim0,71 Stone for the detached garage. Mr. Olson commented in reviewing the option of constructing a freestanding .,.::..the driveway could be poured with asphalt instead of concrete which would be a ltr'rwley agreed, and pointed out the majority of single family homes in the A concrete driveways and they want to match the existing standard. Mrs. Swenson stated after careful consideration she cannot support the plan as presented. Continuing, Mrs. Swenson said the City has always been very careful and vigilant in preserving streetscapes. Mrs. Swenson said she may be swayed to support a frontyard variance to allow the garage to be constructed in the front if it matches the setback of the structure next door, but added the Board is always careful with setting a precedent. Mr. R. Rooney, 5109 Richmond Drive explained he is an adjoining neighbor, and if the Crowleys construct their garage in the rear with a 12 foot driveway width to access it, the driveway will be constructed up to the common property line which may pose a problem to his privacy fence. Mr. Rooney said in his opinion the proposal before the board this evening is superior to constructing a detached garage in the rear. Mr. Rooney said a majority of residents in the immediate neighbath `support the construction of a garage in the front. Continuing, Mr ; :' :' sak t f> e< understands the Ordinance correctly a variance can be granted ifs", hardship ex sts: a , Jn this instance there is a hardship, (no garage) and City rdinance:requires.ahat every ....... ...... ....... ..... property in Edina have a garage. Mr. Rooney infoed the. Board the previu drperty owners (without pulling a permit) converted the ez sti :A.arage into living`a :'storage space in the early 60's, which created the condition111 : sts today. This condition ................ .......................... was not caused by Mr. and Mrs. Crowley. Conclud:irig ' lUIF : R:: ney stated the Crowleys face a hardship because they need a garage, (everyone nee s:a garage) and in his opinion since the family room /storage area already exists in<tttoro:ldgarage, and from the frontstreet it looks like a garage, no harry >il done in retaining this look. ...........:........ . Mrs. Stresnak, 5400 Richmond street, and that the intersections ;;of Rig streetscape. If the Board does; t`grz going up to what appears to b'a gara opinion create a product-that: not ae character f:'the neighborhood. owns ri Lane, to note the curve of the n'd Lane and Drive create a very uneven is variance, there still will be a driveway ut in reality is living area, and it will, in her iba y'ipleasing, and does not maintain the d Lane asked the Board to note the City also proposed garage from the curb will be more. Mt : rowiey:t ld Board members City Ordinances require driveways to be 12 feet in Wdth, and the �.:Il ctly 12 feet. Mrs. Crowley pointed out that twelve feet does;not take into consideration two existing window wells along that building wall, and the!trivacy fence. Mrs'Crowley said the privacy fence and window wells reduce the vit dti ,and such a long driveway will create problems with snow removal. Concluding, IiICrCrowley statedthey have been told there also is the potential for drainage k E rns_ in this area of their property. I r :.Olson suggested converting the family room /storage back into a garage. Mr. Crowley said that is not feasible. She said the interior is configured in such a way that if the area is reconverted into garage the kitchen will need to be relocated. Mrs. Mannix said she believes in viewing this proposal, and listening to the alternative solution the proponents are °stuck between a rock and a hard place ". Mrs. Mannix suggested that the proponents look at the feasibility of shaving off a couple of feet from the front of the proposed garage to reduce the variance, but in her opinion this approach is reasonable, and the support of the impacted neighbors helpful. Mrs. Mannix reiterated she does not have a problem with the proposal, noting this is an unusual situation, and being new to the Board the setting of a precedent is a concern, but not an issue to her with this proposal. Mr. Olson interjected, reiterating the City setback area, and during the time period he has remember granting variances for front entry stoc Chair Utne said she agrees with the;;:n support the request as presented. ChairUb- the variance, and commended them for'.-their an alternative that does not require,avarian( pursued. ............ ..... Chair Utne told the proposal does not have care to re: 'd s gn their;; be to a00eal fite::..decisic Mr. Richmond Drive. M Utne ...::::::Nay; Mannix port to and ri Board rotects the frontyard t:_.Board he can only en. closed. T. of„ Board W fibers, and cannot edged the neighbors support for o it Utne stated when there is her air ion that alternative should be if'.4 vote is called for this evening, your .asked the proponents if they would later date, or their other option would e City Council. Board to vote on the proposal before them. ial of an 11.75 foot frontyard setback variance for 105 den seconded the motion. Ayes; Faust, Olson, Swenson, denial passed 4 -1. A discussion ensued with neighbors expressing their frustration at the process, gir support for: the variance. Neighbors acknowledged there are other homes in .... with de# shed garages, but they are on the other side of the street, and a .taf.the are twin homes. Neighbors stressed their support of the project. Chair Utne reiterated she understands the frustration of the proponents, and neighbors, and directed the proponents if they feel strongly to appeal this decision to the Council. Chair Utne explained when the Board considers an application they carefully review the presented materials, and visit the site. Chair Utne said the variance requested this evening is large, is located in the front, and if approved could establish a precedent for this neighborhood that may be detrimental. LOCATION MAP ST �. C[MT[R i NA _ I - ��� •ru.� _s��f� � y:� yr. `.s �� ,�Ty. ,� �:{ �,4' •rte •v S OUR DY -t CA K<Qf.. A GRACE. ,:r _•- CATHOLIC SCHOOL, t ;'•' NMOOR ST '`.;',CHURCH ' i : ! ;-�' �� _ +,.�,:Ls; • -�: ^- -ate` -� A' 1• cx W IM Isom 'T VARIANCE i .k NUMBER B -96 -53 L O C A T 10 N 5105 Richmond Drive REQUEST An 11.75 foot frontyard setback variance and a .417 sideyard setback variance EDINA PLANNING DEPARTMENT MEN W, less r i MM MM M Mmm® �� �� :� d1 • s VARIANCE i .k NUMBER B -96 -53 L O C A T 10 N 5105 Richmond Drive REQUEST An 11.75 foot frontyard setback variance and a .417 sideyard setback variance EDINA PLANNING DEPARTMENT EDINA ZONING BOARD OF APPEALS STAFF REPORT OCTOBER 3, 1996 B -96 -53 Rochelle and Thomas Crowley 5105 Richmond Drive Lot 4, Block 3, Richmond Hills Zoning: R -1 Request: An 11.75 foot frontyard setback variance and a .417 sideyard setback variance Background The subject property is located on the south side of Richmond Drive and consists of a one story rambler with no garage. The homeowners are proposing to add a two stall garage onto the front of their home that will encroach 11.75 feet into the established frontyard setback area of 35 feet and would encroach .417 feet into the minimum five foot sideyard setback. Issues /Analysis The property currently does not have a garage which is required according to the Ordinance. The Zoning Ordinance requires a minimum two car garage per single dwelling unit. The home had a single stall attached garage which has long since been coverted to a family room (behind) and storage shed facing the front of the home. The proposed garage would be 20 feet in width by 22 feet in depth and would protrude in front of.adjacent homes. The homeowners have indicated that the garage would have a gable front and Wisconsin limestone to match the.existing home. The homeowners state that they have explored other options, such as installing a 12 foot wide driveway along the west side of the home to access a rearyard detached garage, however, that would create financial and other hardships. A 12 foot wide driveway would occupy the distance between the west wall of the house and the neighbors privacy fence along the side lot line. The driveway would not allow egress windows on the, west side of the building and could potentially magnify water problems with snow melt from the driveway. In addition, they believe there -would be'no where to put snow on the west side of the home for 34.35 feet. The homeowners would like to preserve the wooded view in their rearyard and believe the cost of a new driveway and curb cut along with the removal of the old driveway and installation of sod would increase the cost of the project considerably. Conclusion /Recommendation The Zoning Board of Appeals has always been very protective of frontyard setback areas and has strived to maintain consistent streetscapes. Staff agrees with the approach the Board has taken on these matters.. It would appear that there are other options available to the applicant that would be conforming to the- Ordinance. PLANNING DEPARTMENT [eD Case Number CITY OF Date q-1<3 -q(o E D' NA Fee Paid 00 11!�j P, alit) 4.801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 A iication for:. - - .6121.927.8861 . pp ( ] LOT DIVISION [ ] CONDITIONAL USE PERMIT [ ] REZO -NING. [ ]. FINAL DEVELOPMENT PLAN [ ] VARIANCE [''' ], PLAN AMENDMENT [ ] PLAT Proposed Name APPLICANT: Name- Tm o d 32-J14, - w1e�Z Address 51 O S 12i CtMolld� i �a Phone D9'12- PROPERTY Name O:NNER : Address " (If Different from Above) Phone ( ) Legal Description of Property LD-f- _ Bloat 3 , c M rld A' W; Property Address ` `j 10 '2 2; c^ A_m ol, o (t i 1r-C. d A/i f S Present Zoning — P.,I D. #: Explanation of Request: <t_lee n (Use reverse side or additional pages if necessary) ARCHITECT: Name .� Phone ( ) SURVEYOR: Name EgAA 13 e,v( A/c vV J , Phone roperty Owner' —Sig ature ' Applicant �,vsign re Date Date 1/85 Application .... page 2 Minnesota statutes and Edina ordinances require that the following conditions must be satisfied affirmatively. The proposed variance will: (If yes, please explain. Use additional sheets if necessary.) a) b) C) H YES NO Relieve an undue hardship which was / not self- imposed or a mere inconvenience. ✓ Correct extraordinary circumstances applicable to this property, but not applicable to other property in the vicinity or zoning district. Preserve a substantial property right possessed by other property in the vicinity and zoning district. Not be materially detrimental to the public welfare or injurious to other property in the vicinity or zoning district. Request: 1.) An 11.75 foot frontyard setback variance. 2:) A 5 inch sideyard setback variance on the east side of the house. Explanation of Request: At the present time, we do not have. a garage and would like to build a 2 -car attached garage to-the,front (north) side of our house. (not a tandum garage.) The proposed garage would have a gable front, and Wisconsin limestone to match the existing home. According to the City of Edina (document attached), the. average setback for our block is 35 feet from the property line. The variance would put the front of the garage 23 feet, 3 inches from the property line. (see attached diagram.) We have explored other options that would only create financial and other hardships. (please see attached document labeled Exploring Other Options.) We understand that parking on the street is not an option, .but as the situation exists, it is impossible for two cars to get in and out .of the driveway without causing a major inconvenience. So far, all of the neighbors we have talked to have no opposition to the requested variance. (Please see the attached document labeled No Objection Statement.) We also believe that a (2 -car attached) garage will add to the property value and the value of existing houses in the neighborhood. Exploring Other Options: We have explored other options such as building a separate garage in the back of the house, however; this option creates further hardships: • Being, in compliance with a 12 -foot wide driveway would put the driveway up against our house (excluding window wells) and up against our neighbors new fence. There will be nowhere.:to put snow for 34.35 feet.. • We would like -to add egress windows on the west side of the house to bring them into compliance with current code requirements so we can safely utilize the bedroom space in the basement. A driveway up against the window wells will not allow us to safely do this. NOTE: we understand that the former owner had water problems in the basement because of heavy snowmelt. A driveway against the west walls would magnify the snow melt problems. •. We'd like to preserve the wooded view for our neighbors and ourselves. A garage in our backyard would eliminate .the now uriinterrupted .wooded view for us and, our neighbors.. - • The extra cost of an over one hundred foot driveway, a new curb cut, demolishing and sodding the existing driveway and sidewalks an d laying new sidewalks in the front yard is a major cost that can be avoided by using the existing curb cut and the expansion of the .existing driveway. 400 �. �. C�Gr eenC+cla .75 4.0 . 4 Operator reorder 23.700 R� pA> 0 : - 30 , ` 412 � 5108 52 N4 N 3 .3 6' 511 , .. I III 5 i 1 'S1 9 ,1510 5 J:, s- 1132 -3. .•'' � ; = ' 5117 - i ,� .7 / »7b _ r W '55 64) ; 63; 524815 15200 r . r lcl; 04 4. S 20 1 a 500 WINDSOR A ZI 1,125 ; b r., ,._ j g QS1Q4' Oa ;e Time PAM WHILE YOV WERE OUT tiiy of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILLCALLAGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL];T Message 400 �. �. C�Gr eenC+cla .75 4.0 . 4 Operator reorder 23.700 R� pA> 0 : - 30 , ` 412 � 5108 52 N4 N 3 .3 6' 511 , .. I III 5 i 1 'S1 9 ,1510 5 J:, s- 1132 -3. .•'' � ; = ' 5117 - i ,� .7 / »7b _ r W '55 64) ; 63; 524815 15200 r . r lcl; 04 4. S 20 1 a 500 WINDSOR A ZI 1,125 ; b r., ,._ j g QS1Q4' G —Z -�� EGAN, FIELD & NOWAK _ SURVEYORS ry_�_ 2825 HARRIET AVE. E F MINNEAPOLIS, MINNESOTA Estee. �i�l CERTIFICATE OF SURVEY.., For Richard D. Stresnak• IRoN L= 7 SCALE 1"-30, AL IN N(Jr 1Ra 1 / � - 1 DESCR I FT ION: Lot 5.-.Block 3, RICHMOND HILLS We hereby certify that this is a true and correct representation of a survey of le boundaries of -the land above described and of the location of all buiIding4 any, thereon, and ail visible encroachments, 1f any, from or on said land. Dated this 24th day o.f July , 1967. EGAN, FIELD b NOWAK �yors F i l e No j 4962 Book No. 1773/62 by - Statement of "No Objection to the Variance." I, the undersigned, have no, objection to Tom and Shelly Crowley's request for a 11.75 foot frontyard and 5 inch. sideyard setback variance. I understand that they would like to build a 2 -car, gable•front garage with limestone and brick to match the existing home. Name: Signature: Address: EN Y. g Lt (3 rnrnicL 0 1-. Rob er7-F_ -(-z u ��,� � ✓�,�_ �„-�L : Sri � �; � /����� �!�� o r � s 464 et4Mo1VD Lt�- L. r [ R S 4o e,4 M o H D /.A - o Ali GT L_4.e�� " y y I d d tJ I tit !vl E ER 40 City of Edina Planning Dept. 4801 West 50th St . Edina, MN 55424 , September 25; 1996 To Whom it May Concern: Ref: Case File B -96_53 This is to advise that we have no objections to the proposal on the property at 5105 Richmond Drive. We feel that a garage would only add to the appearance of the property. Yours truly, 4bbott and Mary Barron 5122 Richmond Drive Edina, NN S I' 13 k 9 ^r�'H o e VA REPO RT/RECOMMENDATION o � .ay TO: Mayor & City Council Agenda Item # IL LL FROM: Francis Hoffman ❑ Consent City Engineer Information Only ❑ Mgr. Recommends ❑ To HRA DATE: 21 October, 1996 ® To Council SUBJECT: Vacation Request for Action ® Motion Utility and Drainage Easement as it Relates to ❑ Resolution Lot 1, Block 1, Jyland Dennis Addition ❑ Ordinance ❑ Discussion Recommendation: Vacate portion of utility and drainage easement as requested. Info /Background: The property owner at 14 Bello Drive has requested that a portion of the utility and drainage easement at the easterly end of the lot be vacated (see attached sketch). The City required that a hydrologic review be conducted of the area in question. The attached response from the consulting engineering firm is considered to be adequate. The staff recommends vacation of the easement as requested. Minnegasco, NSP, Paragon Cable and US West concur with the recommendation. EVENT a Wo T I L 1 9 DIN t NRGI NS ENE N T ............................................ .......................... E A S I H E N I jr,.30 24., m ............ r sos, ................. ........... .. ......................... ............. ........... ... .... .... ............... ...... . .... PROOViD IRCATIOP• I EMSMWF a. 2964` : s D.Cw EXISTING HWM . .... . ......... . ....... ... . .... ..... .... ............ ...... ...... S 97* 56.12 M. ?I- LLI cc ,;:Pl 66 NOTE: VALLEY VIEW R ' \ VIEW - ROAD...._...-,. - -- - - -- - (4- TOPSOIL i SOD) _ ALIGN As NEEDED To - ------------ - CONTRACT WITBIN 32 ' `( PROTECT EXISTING TREES VA► -►=E M. -. -' - SEWER CONST. IN R/Y ExISL u A FEAr ST. M.H.2 ` •' - - - - - -- wE _ — PC.0 +33 GG f f_ •� ♦O�\ CURB REPLACENPNL �- DRAINAGE ��• ♦��� TO BE COMPLETED BY EsMy ST. A n �♦ �• / GRADING CONTRACTOR TO J ♦• / coRSTROL7 eARTaeN BARRIER ♦ L rp Y�/i/NI.J (✓A !-L A h AROUND C.B.] TO ELEV 882 ♦�, �- ;� SEE GRADING PLAN -SUT. C -1 3 ♦� I` �{y ' ', ^off•, _ � \ - �° 0 .P �• Q DRAINAGE �` #Z� t ♦ ♦� •• 'P ES T. � � r O�•1 ♦� � %O\ / / hob: �•�, 01 \ Q• � /JIS �arScp�n1G� _ •♦ NE P. T 2470. 19 ff 4 I 2tT8 OWY. RT. 1 > n a \ P.C.- 3 +26.39 .�_ . W you I ' Nora: I .o ��0 u, 1. REFERENCE PLAT OF JT1MD - , O a a ,♦G . WRITNEY ADDITION FOR STREET v N � � � / Q. ALICN10T1fT DATA. q� 32- 2. DRIVEWAY LOCATIONS TO BE {. ■ d) 2.18'/. CONPIRmED BY DEVELOPER ] u - PRIOR TO CURB PLACEKEITT. 6y Pt. 01 a- h ���` 3S'RAD ' }m s E OWY. jK 40 A' I /N to F.C. 31 J `T .21.18 Zf Y f I4K PROPOSED PETER ANDREA IST ADDITI N , BY OTHERS ( NOT PART OF THIS PROJECT IA , EXCEPT CURB OFENINGS) m Z McCombs Frank Roos Associates, Inc. -rA ® 15050 23rd Avenue North, Plymouth, Minnesota 55447 -4739 Telephone Engineers 612/476 -6010 Planners 6121476 -8532 FAX Surveyors September 25, 1996 'Mr. Kevin Keenan Keenan- Sveinen, Inc. 14411 McGinty Road West Wayzata Minnesota 55391 SUBJECT: Dennis Residence 14 Bello Drive Edina, Minnesota Additional Hydrologic Information MFRA # 10226 Dear Mr. Keenan: At your request, McCombs Frank Roos Associates, Inc. (MFRA) has conducted a limited review of hydrologic conditions downstream of the Dennis residence. This letter augments our July 24, 1996 hydrologic study. In summary, construction of the Dennis residence retaining wall will minimally increase storm water flowrates received by the low area south of Bello Drive next to Valley View Road. However, the total volume of runoff will not be changed with the construction. The increase flowrate should have no appreciable effect on the low area's water level, trees and vegetation, or ability of the downstream storm sewer system to accommodate local drainage. MFRA's previous letter reviewed changed hydrologic conditions by a proposed retaining wall at the Dennis residence.. The City engineer reviewed that study and requested additional analysis of these changed hydrologic conditions on the low area within Lot 1 of the Jyland Whitney Addition. For this additional review, MFRA visited the site, but no surveying was conducted. The low area is within an existing drainage easement and is approximately 0.2 acres. The bottom is 8 to 10 feet below Valley View Road near Bello Drive, and 2 feet below Valley View Road . further south. The bottom is vegetated with many small diameter trees and three 18 -27" Oaks. Drainage into the area comes from two storm sewer pipes under Bello Drive, mainly emanating from the Jyland Whitney Addition (see Figure 1). The low area drains through a catchbasin into City storm sewer in Valley View Road. Much of the low area is lower in elevation than the outlet catchbasin. This allows standing water after smaller rainfall events. In larger events, ponded water would flow into the outlet catchbasin and be discharged into City storm sewer. Due to this summer's dry weather, it is difficult to determine "'typical" water levels in the low area. It appears that small events will percolate into the soil with only limited runoff to the outlet catchbasin. An Equai Opportun ry Employer Mr. Kevin Keenan September 25, 1996 Page 2 If the outlet catchbasin becomes plugged or cannot convey the runoff, ponded water would rise approximately 2 feet above the catchbasin and drain over land south to Valley View Road. The lowest opening on the existing house on Lot 1 is more than 6 feet above the overflow elevation. . According to MFRA's earlier study, the proposed retaining wall at the Dennis residence will not increase water levels on that lot for a 5 -year or 100 -year storm event. However, the study shows that the discharge rates for the outlet pipe (and received by, the subject low area) will be increased from 0.87 cfs to 0.93 cfs, and 3.06 cfs to 3.22 cfs for the 5 -year and 100 -year events, respectively. This correlates to 5 to 7 percent flow rate increases. For comparison purposes, the other outlet under Bello Drive also draining into the subject low area, has been designed to convey more than 6 cfs. It is our opinion that this small increase in flow rates due to the construction of the retaining wall on the Dennis residence; can be adequately conveyed within the outlet catchbasin and storm sewer downstream and will generally stay within the dedicated drainage easement, and not cause flooding problems to the adjacent home and yard, nor exacerbate distress on the low area's vegetation. We trust this letter has adequately addressed the City's concerns and potential impacts off -site. If you have any questions or need additional information, please call me at 476 -6010. Very trulN. yours, McCOMBS FRANK ROOS ASSOCIATES, INC. CITY OF EDINA 4801 WEST -50TH STREET NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE AND UTILITY EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota will meet at the Edina City Hall; 4801 West 50th Street on October 21, 1996, at 7:00 P.M. for the purpose.of holding a.public hearing on the proposed vacation'of the drainage and utility . easements as shown on the recorded plat thereof, described as follows: That part of Lot 1, Block 1, Jyland Dennis Addition, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the northeast comer of said Lot 1; thence on an assumed bearing of West along the north fine of said Lot 1, a distance of 200.00 feet; thence, South 36 degrees 57 minutes 30 seconds West 24.00 feet; thence on a bearing of East 70.00 feet; thence South 26 degrees 42 minutes 10 seconds East 15.15 feet to the point of beginning; thence South 26 degrees 42 minutes 10 seconds East 89.15 feet to the intersection of the southeasterly line of said Lot 1;' thence North 35 degrees 38 minutes 56 seconds East, along said southeasterly line, .72.91 feet; thence northeasterly 5.19 feet along a tangential curve, concave to the southeast, having a radius of 80.64 feet and central angle of 03 degrees'41 minutes 14 seconds; thence North 56 degrees 36 minutes 17 seconds West 11.37 feet; thence on a bearing of West 63.35 feet; thence North 52 degrees 05 minutes 24 seconds West 16.30 feet to the point of beginning, except there from the southeasterly 10.00 feet along and parallel with Bello Drive right -of -way. All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider-the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, lines, gas and sewer lines, or water pipes,, mains and hydrants on or under the area of the proposed. vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair replace, remove, or otherwise attend thereto, for. the purpose of specifying, in any such vacation resolution, the extent to which any or all of any'such easements, and such authority to maintain and to enter upon the area of the proposed vacation shall continue. BY ORDER OF THE-EDINA CITY COUNCIL Debra A. Mangen City Clerk Dated: September 25, 1996 Publish in the Edina Sun - Current on Wednesday, October-2 & 9, 1996. Send two Affidavits of Publication. Bill to City of Edina f REPORURECOM ENDATION TO: MAYOR AND COUNCIL FROM: GORDON HUGHES Agenda Item # I V . A . Consent ❑ Information Only ❑ DATE: OCTOBER 21, 1996 Mgr. Recommends ❑ To HRA SUBJECT: EDINA ORDINANCE NO. 1996 -3, AN ORDINANCE AMENDING THE CITY . CODE TO REQUIRE THE ISSUANCE OF PERMITS FOR USE OF PUBLIC OR PRIVATE PROPERTY FOR THE . FILMING OF MOTION PICTURES, COMMERCIALS OR OTHER VIDEO PRODUCTIONS OR FOR COMMERCIAL PHOTOGRAPHY Recommendation: Grant First Reading. Report: © To Council Action ❑ Motion ❑ Resolution © Ordinance In accordance with the Council's request, staff has prepared the attached ordinance amendment which regulates the filming of motion pictures, commercials and the like within the City. Although this proposed ordinance is self - explanatory, the Council should direct its attention to the following provisions: 1. Section 1350.04 requires that the Council issue permits for larger scale productions. The City Manager is authorized to issue permits for smaller scale productions. The Council may assume a greater or lesser role in the issuance of permits as it deems desirable. REPORT /RECOMMENDATION - ORDINANCE NO. 1996- 3 October 15, 1996 Page two 2. Section 1350.05 requires that the applicant reimburse the City for all costs and expenses incurred by the City. In addition, this Section provides for the collection of a permit fee. If the Council wishes to grant first reading to this ordinance, staff will be prepared to recommend the amount of the permit fee at the time of second reading. 3. Section 1350.07 describes the findings which must be made prior to issuance of a permit. The Council should direct its attention to Paragraph D of this Section which provides that a permit may not be issued for the same location twice within a 180 day period. This restriction prevents a neighborhood from being unduly impacted by commercial photography sessions. The Council may make this provisions less restrictive or more restrictive as it sees fit. With respect to Section 1350.07, the Council should note that the ordinance does not require that a public hearing be conducted prior to the issuance of a permit (the ordinance, however, does provide that the City Manager may require that a notice describing the proposed activity be mailed to affected property owners). If the Council wishes, a public hearing requirement could be added to the ordinance. A copy of the proposed ordinance has been forwarded to the Minnesota Film Board for its review. Attached is a copy of the Film Board's comments with respect to our ordinance. Revised 9/13/96 Edina Ordinance No. 1996 -3 An Ordinance Amending the City Code to Require the Issuance of Permits for the Use of Public or Private Property for the Filming of Motion Pictures, Commercials, or other Video Productions or for Commercial Photography THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The City Code is amended by adding a new Section 1350 as follows: SECTION 1350- MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY 1350.01 Purpose and Objectives. The purpose of this Section is to establish standards to protect the health, safety and the general welfare of the public from the undesirable effects associated with the filming of motion pictures and other commercial filming or photography. 1350.02 Definitions. The term "commercial photography" as used in this Section means motion photography or still photography for which a fee is charged for the use, reproduction or showing of the product of the photography including: motion pictures, commercials, advertisements, videos or other similar products. 1350.03 Permit Required; Exception. No person shall engage in the filming of commercial photography on any privately owned property, publicly owned property, or public rights of way unless a permit has been procured therefor. Provided, however, no permit shall be required for the following: A. Commercial photography taking place on non - residential property if publicly owned property or public rights of way are not used for staging, storage or parking of equipment. B. Commercial photography intended only for the use and enjoyment of those individuals whose person or property are being filmed and for which there is no commercial value such as family portraiture and wedding photography.. C. Commercial photographers lawfully operating as a customary home occupation pursuant to Section 850 of this Code. 1350.04 Permit Procedure and Control. The provisions of Section 160 of this Code shall apply to all permits required by this Section and to the holders of such permits. Applications for permits to allow commercial photography sessions i) scheduled for less than 12 hours in duration within one calendar day or ii) taking place exclusively on City owned property shall be issued or denied by the Manager. All other permit applications shall be issued or denied by the City Council. 1350.05 Fee. The fee for a permit required by this Section shall be in the amount set forth in Section 185 of this Code. The City may also establish and charge a fee for the rental of City owned property for commercial photography. In addition to the permit fee, the applicant shall pay all costs and expenses incurred by the City in connection with the commercial photography. Such costs and expenses shall include, but not be limited to, charges for personnel and equipment. Based upon the information contained in the permit application, the applicant shall deposit with the Clerk a prepayment of the City's estimated costs and expenses. At the conclusion of the commercial photography, actual costs below or in excess of the estimate will be refunded by the City or paid by the applicant as the case may be. 1350.06 Application. The provisions of this Subsection are in addition to the requirements of Section 160 of this Code. Any person or persons desiring a permit to conduct commercial photography shall make application therefor on a form provided by the Clerk. The applicant shall set forth the name, address, telephone number and date of birth of the person responsible to fulfill the obligations of the applicant; the location of the place where the commercial photography will take place; the time and duration of the filming and related activities; a description of proposed parking areas, street and sidewalk closures, and outdoor staging areas; a description of the proposed use of City equipment and personnel; and an estimate of personnel and equipment needed for the purpose of crowd control, security, traffic control and other public safety needs. The Manager may require the applicant to submit evidence that a notice describing the proposed commercial photography has been mailed to all effected property owners in the vicinity of the location where the commercial photography will take place. 1350.07 Permit Issuance. In addition to the standards contained in Section 160 of this Code, no permit shall be issued unless the Manager or the Council, as the case may be, finds that: A. The commercial photography will not endanger the public health, safety, morals or general welfare. B. The commercial photography will not cause undue traffic hazards, congestion or a parking shortage. C. The commercial photography will not create an excessive burden or result in damage to parks, streets, rights of way or other public property. D. No commercial photography permit has been issued during the preceding 180 days for a location within 500 feet of a location described in the application. This requirement shall apply only to permits issued for locations within any residential district used for residential purposes as defined by Section 850 of this Code. 1350.08 Conditions. The Manager or the Council, as the case may be, may impose conditions and restrictions upon the permit holder as deemed necessary for the protection of the public interest and properties located in the vicinity and to ensure compliance with the requirements of this Code. 1350.09 Insurance; Indemnity. Prior to the issuance of the permit, the applicant shall file with the Clerk a public liability insurance certificate, issued by an insurance company authorized to do business in the State. The policy shall insure the applicant and name the City as an insured in the sum of not less than $1,000,000. The applicant shall also indemnify and hold the City and the City's officials harmless from any loss, cost, damage and expense arising out of the use of any premises for commercial photography. 1350.10 Bond or Letter of Credit. The Manager or the Council, as the case maybe, may require the applicant to post a bond or letter of credit as a condition to the issuance of a permit. If so required, the applicant shall file with the Clerk a surety bond that. is valid and in force and effect in a sum as determined by the the Manager or the Council and which complies with the requirements of Section 160 of this code. At the option of the applicant, a letter of credit or cash deposit may be used in lieu of the bond. The letter of credit shall be irrevocable and unconditional, issued by a national or state bank with its main office located in the minneapolis- St.Paul metropolitan area, and otherwise shall be on terms approved by the Manager. The bond or letter of credit shall be conditioned upon compliance by the applicant with this Section and other provisions of the City Code and payment to the City of all fees, expenses, fines and penalties required by this Code or State Law and payment to the City of any damage the City may sustain by reason of such commercial photography. 1350.11 Duties of Permit Holder. Every permit holder under this Section shall: A. Use only designated streets and parking areas. B. Promptly restore all public property, streets, sidewalks and rights of way to their original condition or better. C. Comply with all conditions and restrictions of the permit. D. Promptly undertake and complete all filming and related activities. OCT -10 -1996 15 :03 ' MINNESOTA FILM BOARD 612 332 3735 P.01i01 MINNESOTA FILM BOARD FAX TRANSMISSION TO: Cell Smith FROM: Randy Adamsick .DATE: October 9, 1996 NO. OF PAGES INCLUSIVE: 3 IF YOU DO NOT RECEIVE A CLEAR COPY. PLEASE TELEPHONE 612332.6493 . Ceil: Thanks' for, your JINGLE list. Kelly and I have reviewed your proposed filming - ordinance. We feel it addresses all the appropriate issues, but we hope you will consider the following: 1. Section 1350.07 D: do you really need a 180 -day moratorium on any one specific location if the productions are small in.stature, e.g. a photo shoot and local commercial may easy for one street to handle. Could more than one shoot take place if signature are obtained from neighbors? 2. Fees: Obviously, this is a critical concern for the Film Board, but Edina has always fairly priced filming fees and based them upon actual outlay of city services as we have asked. One useful guide in judging fees, etc. is to ascertain the size of the production by number of crew and /or vehicles at the location; producers. are more. forthcoming about this information and it addresses the critical concerns of residents. In general our experience suggests that it is better to set forth general guidelines that have basic protections' (notification, insurance, bonding, etc.) than to try an anticipate the many scenarios presented by film companies with wildly.. different sizes, schedules, budgets and just plain odd (e.g. THE. CURE!) needs. Again, we want to sincerely thank all the public officials in Edina for the extraordinary cooperation we've received. The Film Board hopes to say thanks with a cast and crew screening of JINGLE ALL THE WAY. TOTAL P.01 TO: Mayor & Council Members FROM: Ken Rosland DATE: October 21,1996 SUBJECT: CABLE FRANCHISE ORDINANCE REPORT /RE C OMAMNDATION Agenda Item IV.B. Consent ❑ Information Only ❑ Mgr. Recommends ❑ 0 To HRA To Council Action ❑ Motion ❑ Resolution 0 Ordinance ❑ Discussion Recommendation: That the City Council approve Ordinance # 19964 and Ordinance # 1996 -5. Background: At the Council Meeting of July 1, 1996, the City Council held its public hearing regarding the new cable franchise. At that time, the Council approved the major issues regarding the franchise renewal. Since then, the ordinances have been written, and all of the major issues that the Council approved have been included. Attached are these ordinances. Ordinance # 1996 -4 authorizes the Council to regulate cable franchises. Ordinance # 1996 -5 authorizes Paragon Cable to be a franchisee. The Cable Commission, of which Council Member Smith is Vice Chair, reviewed the ordinances at a previous Commission meeting and is recommending that the member cities pass the ordinances. Our attorneys have reviewed the ordinances, and they also recommend their adoption. This has been a year -long process, and we believe that everything is in order which will allow Paragon to begin the upgrade of the system as proposed. CABLE TELEVISION REGULATORY ORDINANCE CITY of MINNESOTA Prepared by: Adrian E. Herbst, Esq. Theresa M. Harris, Esq. Fredrikson &. Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 Telephone: (612) 347 -7000 Fax: (612) 347 -7077 - With the assistance of- The Southwest Suburban Cable Commission r TABLE OF' CONTENTS STATEMENT OF INTENT AND PURPOSE ................ ........... 1 Sec. 1. Title .......... ............. .. ................. 2 Sec. 2. Definitions ...... .......... ........................ 2 Sec. 3. Authority to. Grant Franchises ......... .......... ......... 4 Sec. 4. Application for Franchise ......... ......... ............ 5 Sec. 5. Acceptance and Duration of Franchise .......................... 7 Sec. 6. Franchise Territory ............................... ... 7 Sec. -7. Franchise Administration .................. ................ 7 Sec. 8. Construction of System .......... 9 Sec. 9. Work Performed by Others ........................... 11 Sec. 10. Conditions on Use ....... ............................... 11 Sec. 11. Use of Grantee's Facilities .. ................... ....... 12 Seca 12. Failure to Complete Work ......... .......... .......... . 12 Sec. 13. Technical Standards .. ................. .........: .... 12 Sec. 14. Interconnection ............... .... ..... ..... ..... 13 Sec. 15. Removal or Abandonment of A System ............. ............. 13 Seca 16. Customer Service Standards ................ ....... .. 14 Sec. 17. Programming Provisions .......... ........................ 15 Sec. 18. Subscriber -Practices ....... ............................... 15 Sec. 19. Local Office ..... .. ..... ...........:............. 16 588627 Pranchiw Ordinance October 16, 1996 - Page i Sec. 20. Subscriber. Charges ' .. ........ .......... ....... .... 16 Sec. 21. Rate Regulation ........ .. ..... ....... ....: ... . 16 Sec. 22. Rights of Individuals . .................. ..: .......... 16 Sec. 23. Public, Educational and Governmental Access ............... :.... 17 Sec. 24. Grantee Records and Books ......... ............. . 18 Sec. 25. Transfer of Ownership. .... .. ........ .. ... ..... 19 -. Sec. 26. Right to Purchase. . ....... ..... .. ..... 20 Sec. 27. Mediation:., .. ... ......... . , ..... .. ..... . 22' Sec. 28.' Special Provisions. .............................. .. 22 Sec. 29. Franchise' Fee ........ ............................... 22 Sec. 30. Liability .. ...... ............................... 23 Sec. 31. Indemnification ..... : .............................23 Sec. 32. Security Funds ................... .... ..:........ ... . . 24 Sec. 33. Insurance ... ............. ....... .:. ....... 24 Sec. 34. Default ........ ..... ........ .... 26 Sec. 35. Continuity of Service ...... ...... ......................... 27 Sec. 36. Foreclosure and Receivership ................. .......... 27 Sec. 37. Compliance with Laws, Rules and Regulations ......... 28 Sec. 38. Force Majeure ......... ... ......... .... ........ 28 Sec. 39. Severability .. ..... .......................... .... .. 28 Sec. 40. Effective Date ...... ................... ............ 29 Sec. 41. Certification and Publication .... .............. .......... 29 588627 Franchise Ordinance October 16, 1996 - Page ii FN=ITS Exhibit A - Federal Communications Commission Customer Service .Obligations ......................... ........ 32 Exhibit B Annual Performance Review ...... .......... ... ...... 33 . 589627 Franchise Ordinance October 16, 1996 - Page iii ORDINANCE NO. 1996 -4 AN .ORDINANCE TO REGULATE THE GRANTING OF FRANCHISES TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISION. The City Council of Ed i na , Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City of Edina , pursuant to applicable federal and state law, is authorized to grant one or more nonexclusive cable television franchises to construct, operate, maintain and' reconstruct Cable Television Systems within the City limits. The City Council finds that the development of Cable Television Systems has the potential of having great benefit and impact upon the residents of Edina 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 establish minimum requirements regarding the granting of cable television franchises consistent with Minnesota and federal law recognizing that these laws and the requirements of local government are continuously changing, and to provide for and specify the means to attain the best possible cable television service to the public. Any franchises issued pursuant to this Ordinance shall be deemed to include this intent'as an integral part thereof. 588627 Franchise Ordinance October 16, 1996 - Page 1 Sec. 1. Title. This Ordinance shall be entitled, "Cable Regulatory Ordinance." Sec. 2. Definitions. For the purpose of this Ordinance, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. A. "Access Channels" shall mean those Channels which, by the terms of this Ordinance or the Franchise Agreement, are required to be kept available by the Minnesota Cable Communications Act for partial or total dedication to public access, educational access, or local government access. B. "Affiliate" shall mean any person controlling, controlled by or under common control of a Grantee of a franchise issued pursuant to this Ordinance. C. "Applicant" means-any person that applies for a Franchise under this Ordinance. D. "Application" or "Proposal" are synonymous for the purposes of this Ordinance. An Application or Proposal means the process by which the Applicant submits, a request and indicates a desire to be granted a franchise for all, or a part, of the City. An Application or Proposal includes all written documentation, including official city council minutes concerning the construction, detailed description of services to be provided, the area to be served within the City, the portion of Street to be used, rendering of services and the manner thereof, rates and charges, maintenance, or any other matter pertaining to the proposed. Cable Communications System. E. 'Basic Cable Service" means any service tier which includes the retransmission of local television broadcast signals. This definition shall be deemed to change pursuant to any changes in applicable, federal law and shall be interpreted in a manner consistent with the rules of the Federal Communications Commission. F. "Cable. Communications System," "Cable Television System," "Cable System," "CATV" or "System ", shall mean. a System of coaxial cables or other electrical conductors and equipment used or to be used to originate or receive television or radio signals directly or indirectly off 'the, air and to transmit them via cable or fiber optics to, Subscribers for a fixed or variable, fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed to originating signals or receiving signals off the air. 588627 Franchise Ordinance October 16, 1996 - Page 2 G. "Cable Service" shall mean (a) the one =way transmission to subscribers of (i), Video Programming or (ii) Other Programming Service, and (b) subscriber interaction, -if any, which is required -for the selection or use of such video programming or other programming service. For the purposes of this definition, "video programming" is programming provided by, or generally considered comparable to programming provided by a television broadcast station; and,- "other programming service" is information that a, cable operator makes available to all subscribers generally. H. "City" shall mean the City of Edina , a municipal corporation in the State of Minnesota. I. "Connection" means the attachment of the drop to the first radio or television set of the subscriber. J. "Converter" means an electronic device, which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals included in the basic service delivered at designated converter dial locations. K. "Council" shall mean the governing body of the City. L. "Drop" shall mean the cable that connects the subscriber terminal to the nearest feeder cable of the cable. ` M. "FCC" means the Federal Communications Commission, or a designated representative. N. "Franchise" means the non - exclusive right and' authority granted to an Applicant by a Franchise Agreement Ordinance to construct, maintain and operate any part of a Cable Communications System described in the Application, through use of the public Streets, public utility easements or other public rights -of -way or public places in the City. The Franchise shall describe in detail all requirements applicable to the Franchise including all applicable requirements of federal, state and local laws. O. "Franchise Agreement Ordinance" or "Franchise Agreement" means the ordinance adopted by City granting a Franchise to an Applicant. P. "Grantee" shall mean any Person to whom a Franchise is granted pursuant to this Ordinance and any lawful successor or assignee of the original Grantee. Q.. "Gross Revenues" shall mean all revenues received directly or indirectly by the Grantee, arising from or in connection with the provision of Cable Service in the -City and consistent with local, state and federal law, including, but not limited to, Subscriber revenues (including Pay TV), advertising income, home shopping programs, rentals of 588627 Franchise Ordinance October 16, 1996 - Page 3 equipment-, antenna or signal space, and. any and all other Gross Revenues received by the Grantee from the provision of Cable Service in the area under the jurisdiction of the City. Grantee is not required to include revenues recorded as received but which are "bad ,debt," but it must include any recoveries of bad debt. This definition of gross revenues also-does not include any sales, excise or other taxes collected by Grantee on behalf of federal, state, county, city or other governmental unit., Funds collected by Grantee to support public, educational and governmental access programming are also excluded from the definition of Gross Revenues. R. "Minnesota Cable Communications Act" means the provisions of Minnesota law governing the requirements for a cable television franchise as set forth in Minn. Stat. § 238, et. seq., as amended. S. "Ordinance" means this Ordinance concerning the granting of Franchises in and by the City for Cable Communications Systems. T. "Person" means any natural person and all domestic and foreign corporations, closely -held corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. U. "Street" shall mean the surface of and the space above and below any public Street, road,- highway,, freeway, lane,' path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right -of -way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, man- holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. V. - "Subscriber" shall mean any person or entity receiving service provided by a Grantee pursuant to the authority of a Franchise. W. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in applicable State or Federal law shall apply. Sec. 3. Authority to Grant Franchises. A. The Council is empowered and authorized to issue non - exclusive Franchises to install, construct, operate and maintain Cable Communications Systems in the City's Streets, "as well as to regulate,these activities. .B: ' The Council has determined that the granting of Franchises for Cable . Communications Systems in the City will promote the public interest, enhance the health & welfare and safety of the public and stimulate commerce by assuring that: (1) Cable Communications Systems are responsive to the .needs and interests of the City and its 588627 Franchise Ordinance October 16, 1996 - Page 4 residents; (2) Cable Communications Systems provide, and are encouraged to provide the widest diversity of information and service to the public; and (3) there is an orderly process for the granting or renewal of Franchises, and oversight of the services provided pursuant to Franchises. C. No person shall ,construct, operate, maintain, or continue to operate or maintain a Cable Communications System which occupies any part of the City's Streets, without the authority of a Franchise granted by the City pursuant to this Ordinance. D. No. provision .of this Ordinance shall be deemed or construed to require the granting of a Franchise by the City. E.. Any Franchise granted must comply with the Minnesota Cable Communications Act standards. F. Grantee's rights are subject to the police power of City to adopt and enforce ordinances necessary to the health, safety and welfare of the public of general applicability. G. Both the City and the Grantee expressly reserve any and all rights that either may have under applicable state and federal law including but not necessarily limited to, the Cable Communications Policy Act of 1984, as amended, and the rules and regulations of the FCC. Neither adoption of this Franchise by the City nor acceptance by the Grantee shall be construed as a ,waiver, modification,, termination or discharge of any right that either the city or the Grantee may now or hereafter have. H. Except as may be based upon public health, safety and welfare requirements of general applicability or where required by federal or state law or rules, no modification or amendment to the Regulatory Ordinance or the franchise agreement ordinance shall be effective unless in writing and signed by both the City and Grantee. Sec. 4.. Application. for Franchise. A. Each Applicant for a Franchise, including the renewal of a Franchise consistent with state and federal law, requesting permission to construct, operate or maintain any Cable Communications System in the City shall file an Application with the City in a form and containing such information as is requested by the City. The contents of such Application ,may vary, according to the nature of the proposed Cable Communications Systems. However, an Initial Application shall contain, at a minimum, the following information. (1) The name, address and telephone number of the Applicant. If the Applicant is a partnership, the home and business address of each partner shall also be set forth. If the Applicant is a corporation, the Application shall state the names 598627 Franchise Ordinance October 16, 1996 - Page 5 and addresses of its directors, main officers, major stockholders and associates and the names and addresses of parent or subsidiary companies. (2) A statement setting forth in its entirety any and all agreements and understandings, whether formal or-informal, written, oral or implied, existing or proposed to exist between the Applicant and any Person who proposes to have an ownership interest with respect to the proposed Franchise or to the proposed Cable Communications System.: If a Franchise is granted to a Person acting as a representative of another Person and such information is not disclosed in the original Application, the Franchise shall. be deemed void and of no -force and effect. (3) Financial statements, as determined by the Council, prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing Applicant's financial status and financial ability to complete the construction and installation of the proposed Cable Communications System and /or continue the operation of the existing Cable Communications System. (4) ' A statement describing the Cable Communications System and specifying the type and capacity of the Cable Communications System proposed to be construed, installed, maintained or operated by the Applicant and the proposed or existing location of the Cable Communications System. (5) A description of all previous experience of the Applicant in providing Cable Communications System service and in related or similar fields. (6) Any other details, statements, information or references pertinent to the subject matter of such Application which shall be required or requested by the Council, or by any provision of any other ordinance of the City. The City reserves the right to modify the Application in a renewal process to accommodate information regarding the Applicant that is already in the possession of the City. Any renewal of a Franchise shall comply with applicable federal, state or local law. B. Prior to the issuance of a Franchise, the City shall hold a public hearing, following reasonable notice to the public, at which Applicant and its Application shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard. The City reserves the right to seek reimbursement of its costs to the extent permitted by applicable state and federal law. The preceding statement does not constitute an agreement by any Applicant to reimburse the City for the .cost of the Application process. C. In making any determination hereunder as to any Application, the City shall consider the impact on the Streets with the addition of the proposed Cable Communications System, "the needs of the City and the legal, technical and financial qualifications of the Applicant. For initial franchises, the City shall give due consideration to the quality of the 588627 Franchise Ordinance October 16, 1996 - Page 6 service proposed; experience, character, background and the financial responsibility of any Applicant and its management and owners; willingness and ability to abide by policy conditions; Franchise limitations and requirements; and any other considerations deemed pertinent to the Council for safeguarding the interest of the City and the public. For a renewal of a Franchise, the City shall also consider the factors identified in the Cable Communications. Policy Act of 1984, as amended. D. The City may require the Applicant for an initial franchise to reimburse the City for its reasonable costs to review the Application including costs for technical assistance to aid the City in understanding the nature and effect of the Application. Sec. 5. Acceptance and Duration of Franchise. A. Any Franchise granted pursuant to this Ordinance shall be in the form of a Franchise Agreement Ordinance between the City and the Grantee which shall comply with all specifications of this Ordinance. B. Any Franchise granted pursuant to this Ordinance shall-become effective in accordance with the terms and conditions approved by the Council, provided that a Grantee has filed with the City Clerk a written instrumentaddressed to the Council accepting the Franchise, within the time specified by the City Council, and agreeing. to comply with all provisions of this Ordinance and the Franchise. C. The term of a Franchise shall be stated in the Franchise Agreement Ordinance, but'shall in no event exceed 15 years. Sec. 6. Franchise Territory. Any Franchise shall be valid within all territorial limits of the City, and within any area added 'to City during the term of a Franchise, unless otherwise specified in the Franchise Agreement Ordinance. Sec. 7. Franchise Administration. A. Administrator. The City Manager or the City Manager's designee shall be responsible for the continuing administration of a Franchise. The administrator may be changed by City from time to time by written notice given to a `Grantee. B. Advisory body. The City may appoint an advisory body to monitor the performance of a Grantee in executing the provisions of a Franchise. The advisory body shall perform all functions required, of it by the City and applicable laws, ordinances, rules and regulations. 588627 Franchise Ordinance October 16, 1996 - Page 7 C. Delegation of Authority by the City (1) The City reserves, the right to delegate and redelegate from time to time any of its rights or obligations under a Franchise to any body, or organization. (2) Any.. delegation by City shall be effective upon written notice by City to a Grantee of such delegation. (3) Upon receipt of notice by a Grantee of City's delegation, a Grantee shall be bound by all terms and conditions of the delegation not in conflict with a Franchise. (4) Any such delegation, revocation or redelegation, no matter how often made, shall not be deemed an amendment to a Franchise or require any consent of a Grantee. D. Nonenforcement by City. A Grantee shall not be relieved of its obligation to comply with any of:the provisions of a Franchise by reason of any failure of the City or to 'enforce prompt compliance.., E. Administration of Franchise. (1) The City, shall have continuing regulatory jurisdiction and supervision over the System and a Grantee's operation under a Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of a System as are consistent with the provisions of a Franchise. (2) A Grantee shall construct, operate and maintain a System subject to the supervision of all the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the System. (3) A System and all parts thereof shall be subject to the right of periodic inspection by .the City where reasonably necessary to the enforcement of a Franchise and provided that such inspection shall not interfere with the operation of a System and such inspections take place during normal business hours. F. Emergency Use. In the case of, any emergency or disaster, a Grantee shall, upon request of the City oT emergency management personnel, make available to the City its emergency alert system and related facilities for use during an emergency, or disaster period in accordance with Section 47 C.F.R. § 11. 588627 Franchise Ordinance October 16, 1996 - Page 8 G. Controlling Law. A Franchise shall be construed and enforced in accordance with the substantive laws of the State of Minnesota except to the extent the Supremacy Clause of the United States Constitution requires application of federal law. H. Captions. The paragraph captions and headings in a Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of a Franchise. I. Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed, and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of tune. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation and the next business day shall be the last day of the period. Seca S.. Construction of System. A. A Grantee shall, at least 60 days prior to any construction regarding the System in the City, provide notice to representatives of the City of the following: (1) The nature of the work to be undertaken; (2) the estimated schedule for said work; (3) steps to .be. taken to minimize disruption to public; and (4) steps to be taken to notify the residents and others of said work. B. , A Grantee shall not open or disturb the surface of any Streets without first obtaining a permit from City for which permit City may impose a reasonable fee to be paid by a Grantee. The lines, conduits, cables and other property placed in the Streets shall be located in such part of the Street as shall be reasonably determined by the City. In so determining the location in such part of the Street, the parties shall take into account the health, safety and welfare considerations together with the technical parameters of the System design. 'A Grantee shall, upon completion of any. work requiring the opening• of any Streets, restore the same, including the pavement and its grounds to as good a condition as formerly and in a manner and quality approved by City, and shall exercise reasonable care to maintain the same thereafter in good condition.. Such work shall be performed with diligence and due care, and if Grantee shall fail to perform the work promptly, to remove all dirt and rubbish, and to put the, Street back into the condition required hereby, City shall have the right to give written notice to Grantee regarding the condition of the Street. Grantee shall have 30 days from the receipt of written notice from the City to put the Street into the condition required hereby or reach an agreement with the City. Such work shall be performed with diligence and due care, and if Grantee shall fail to perform the work promptly, to remove all dirt and rubbish and to put the Street back into the condition required hereby, the City shall have the right following 30 days written notice to a Grantee to put the Street back into good condition at the expense of the Grantee. A Grantee, upon demand, shall pay to the City the cost of 588627 Franchise Ordinance October 16, 1996 = Page 9 such work done or.performed including its administrative and overhead plus an additional ten percent as liquidated damages. C. All wires, conduits, cable and other property and facilities of a Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of, the Streets of City. A Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. A Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the' City. D. ' All wires, conduits, cables and other property and facilities of a Grantee, shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering- considerations. E. A Grantee shall at all times comply with all -applicable laws, ordinances, rules, regulations and codes, federal, state and local. In any event, the installation, operation or maintenance Hof System shall not endanger or interfere with the safety of persons or property in the City. T. Whenever City shall undertake any public improvement which affects a Grantee's equipment or facilities, City shall, with due regard to reasonable working conditions and with reasonable notice, direct a Grantee to remove its wires, conduits, cables and other property located in Streets. A Grantee shall relocate or protect its wires, conduits, cables and other property at its own expense. If the City, from its own funds, reimburses any -non- municipally owned utility for relocating its property at the City's request, the City shall reimburse Grantee in a substantially similar manner. G.' To the extent a Grantee plans to construct or rebuild its System, it shall comply with the following minimum requirements: (1) A Grantee shall construct underground in any area where both electrical and telephone has been installed underground. (2) A Grantee shall change from aerial to underground;: at its own expense, in any area .where both electrical and telephone are hereafter changed from aerial to underground. If the City, from its own funds, reimburses any non - municipally owned utility for relocating its property at the City's request, the City shall reimburse Grantee in a substantially similar manner. 588627 Franchise Ordinance October 16, 1996 - Page 10 (3) A Grantee shall change from aerial to underground, when both electrical and telephone are similarly required, without cost to City, whenever requested by City, which request can be made for a certain area or areas or for the entire System. I If the City, from its own funds, reimburses any non - municipally owned utility for relocating its property at the City's request, the City shall reimburse Grantee in a substantially similar manner: (4) To enable a Grantee reasonable opportunity to change its wiring from aerial to underground, and also to allow it to pre -wire all new subdivisions or new development areas, City shall arrange for the Grantee to receive timely notice of a new Franchise granted for Cable Services, but in no event shall City have any liability for failure to arrange for notice of the following: (a) Any changes of which City has knowledge of, or-which City' may order, regarding a change from aerial to underground of any line (telephone or electrical) within its boundaries. (b) Any underground trenching that may be pending. (c) New subdivisions and development. All of such subdividers or developers shall be notified of a Franchise and a System. Sec. 9. Work. Performed by Others. A. A Grantee shall give notice to City specifying the names and addresses of any entity, other than a Grantee, which performs construction services pursuant to a Franchise, provided, however, that all provisions of a Franchise remain the responsibility of a Grantee. B. All provisions of a Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of `a Franchise. Sec. 10. Conditions on Use. A. A Grantee shall not place poles or other fixtures where the same will interfere= with any gas, electric or telephone fixture, water hydrant or main. . B. A Grantee, at the request of any person holding a building moving permit and with not less than five business days advance notice, shall temporarily remove, raise or lower its wires, conduits and cables. The expense of such temporary removal, raising or lowering of wires, conduits and cables shall be paid by person requesting the same, and Grantee shall have the authority to require such payment in advance of any required work taking place. 588627 Franchise Ordinance October 16, 1996 - Page 11 C. A Grantee shall have the authority, to the extent the City has authority to grant the same, to trim trees upon or overhanging any Street so as to prevent the branches of such trees from coming in contact with the wires, conduits and cables of a Grantee. All trimming shall be done under the supervision and direction of City and at the expense of a Grantee. D. Nothing contained iri a Franchise shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring a Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Street or public place or with the construction or reconstruction of any sewer or water system. Sec. 11. Use of Grantee's Facilities. A Grantee is authorized to use Streets to construct, operate and maintain a Cable Television System and to provide Cable Services in the City. All uses by Grantee or others authorized by Grantee shall be subject to applicable permits, licenses, certificates or franchises as may be required by the City, state or federal law or rules. Sec. 12. Failure to Complete Work.. Upon the failure, refusal or neglect of a Grantee to cause any work or other act required by law, this Ordinance or a Franchise to be properly completed or performed, after notice to a Grantee the City may cause work or other activity to be completed or performed, in whole or in part, to the satisfaction of the City. Upon so doing, the City shall submit to a Grantee an itemized statement of the cost thereof. A Grantee shall, within 30 days after receipt of the statement, pay to the City the entire amount thereof. Sec. 13. Technical Standards. A. A Cable System shall be designed, constructed and operated so as to meet those technical standards promulgated by the Federal Communications Commission relating to Cable Television Systems contained in part 76 of the Federal Communications Commission's rules and regulations relating to Cable Television'Systems and.found in Code . of Federal Regulations, Title 47, Sections 76.601 to 76.630. The City shall be able to enforce these standards to the extent allowable under local, state or federal law. Any tests required by the Federal Communications Commission pursuant to these rules must be filed with the City upon request. B. A Grantee shall perform additional tests if requested` by City. The tests may be done at such times as is determined by City, with notice to a Grantee. All expenses for all such tests shall be paid by City, unless otherwise- agreed upon. 588627 Franchise Ordinance October 16, 1996 - Page 12 Sec. 14'. Interconnection. A. A System shall be designed to be interconnected with other adjacent Systems. At a minimum, a System shall be capable of interconnecting the access channel programming to other adjacent systems. Grantee shall not be required to provide more access channels as a result of interconnecting with another system than the number of channels required by the franchise agreement ordinance. B. The City may request a Grantee to negotiate interconnecting the Subscriber Network with other adjacent Systems in the general area. A Grantee shall use its good faith to negotiate such interconnection and shall keep the City informed of the progress of any negotiations. Sec. 15. Removal or Abandonment of A System. - A. - ' In the event that: (1) the use of any System is discontinued for any reason for a continuous period of 12 months; or (2) any System has been installed in a Street without complying with the requirements off this Ordinance and a Franchise, a Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of a System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a condition as nearly as possible to its prior condition the Street or other public places in the City from which a System has been removed. B. A System to be abandoned in place shall be abandoned in the manner prescribed by the City. A Grantee may not abandon any portion of a System without having first given three months written notice to the City.' A Grantee may not abandon any portion of a System without compensating the City for damages resulting from the abandonment. C. At the termination or expiration of the term for which a Franchise is granted and following a denial of renewal,.or upon -its revocation, as provided for, the City shall have -the right to require a Grantee to remove within two years, at a Gran tee's expense, all or any portion of a System from all Streets within the City. In so removing a System, a Grantee shall refill and compact at its own expense, any excavation that shall be made and shall leave all Streets and private property in as good a condition as that prevailing prior to a Grantee's removal of a System, and without affecting, altering or disturbing in any way electric, telephone or utility, cables wires or attachments. The City, or its delegation, shall. have the right to inspect and approve the condition of such Streets after removal. The security fund, insurance, indemnity and penalty provision of a Franchise shall remain in full force and effect during the entire term of removal. The insurance and indemnity provisions of this Ordinance in' Sections 32 and 34 shall survive any termination or revocation. 588627 Franchise Ordinance October 16, 1996 - Page 13 D. If a Grantee has failed to complete such removal within the time given after written notice of the City's demand for removal is given, the City shall have the right to exercise one of.the following options: (1) Declare all right, title and interest to a System.to be in the City or its designee with all rights of ownership including, but not limited to, the right to operate a System or transfer a System to another for operation by it; or. (2) Declare a System abandoned and cause a System, or such part thereof as the City shall designate, to be removed at_ no cost to. the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in the Franchise, or from a Grantee directly. E. Upon termination of service to any Subscriber, a Grantee shall promptly remove all its facilities and equipment from a dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by applicable state and federal law. Such Subscribers shall be responsible for any costs incurred by a Grantee in removing the facilities and equipment. Sec. 16. Customer Service Standards. A. At all times, a Grantee shall meet the requirements of the Federal Communications Commission regulations on Consumer Service Obligations. A Grantee shall comply with the Customer Service Obligations of the Federal Communications Commission as such standards, may from time to time be amended. A copy of the Consumer Service Obligations is attached hereto as Exhibit A. B. A Grantee shall begin actions to correct service or maintenance problems no later than 24 hours', after it is notified of a ;System outage for 95 % of Subscribers. A Grantee shall bear the costs of making any repairs; adjustments, or installations, unless the Subscriber caused the damage necessitating the repairs or maintenance. A Grantee may charge for service. C. Subscriber Complaints to the City. (1) Subscribers shall direct all complaints regarding service to a Grantee.. (2) If such complaints are not rectified within seven days from the date the complaint is made, the .Subscriber may file a complaint with the City. (3) The City shall maintain a record of all complaints it receives. 588627 Franchise Ordinance October 16, 1996 - Page 14 (4) If, at any time' after receipt of a complaint, the City believes that the complaint may constitute a violation of a Franchise, or local, state or federal law, the City may notify a Grantee regarding the complaint. (5) )If the City and a Grantee cannot resolve the complaint within seven days after the date that the Subscriber files a complaint with the City, the City may issue a written notice specifying the nature of the complaint and ordering a Grantee to appear at the next regularly scheduled meeting or other appropriate public forum, as determined by City. (6) If the City and Grantee fail to rectify the complaint, the City may begin default procedures as specified in Section 34. Sec. 17. Programming Provisions. A Grantee shall identify its initial services in an Exhibit attached to a franchise agreement ordinance. Sec. 18. Subscriber Practices. A. There shall. be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, a Grantee may disconnect the subscriber's service outlet, provided, however, that such disconnection shall not be effected until after the later of: (i) 45 days after the original due date of said delinquent fee or charge; or (ii) ten days after delivery to subscriber of written notice of the intent to disconnect. If a subscriber pays before expiration of the later of (i) or (ii), a Grantee.-shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection: charge, a Grantee shall promptly reinstate the subscriber'.s cable service. B. Refunds to subscribers shall be made or determined in the following manner: (1) If a Grantee .fails, upon request by a subscriber, to provide any service then being offered' a Grantee shall promptly refund all deposits or advance charges paid for the service in question by said subscriber. This provision does not alter a Grantee's responsibility to subscribers under any separate contractual agreement or relieve a Grantee of any other liability. (2) If any subscriber terminates any monthly service because of failure of a Grantee to render the service in accordance with a Franchise, a Grantee shall refund to such subscriber the proportionate share of the charges paid by the subscriber for the services not received. This provision 588627 Franchise Ordinance October 16, 1996 - Page 15 does not relieve a Grantee .of liability established in other provisions of a Franchise. C. If any subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate, amount of any prepaid subscriber ,service fee, using the number of days as a basis, shall be refunded to the subscriber by a Grantee. D. Continued failure by .a Grantee to provide services required by a Franchise may, in the discretion of City, be cause for imposition of a penalty oP termination of a Franchise. Sec. 19. Local Office. Each Franchise shall require, that a Grantee maintain a local business office,, as described in a Franchise, or agent, which subscribers may access by telephone 24 hours a day, seven days a week, without incurring long distance toll charges, 'so that complaints, questions or requests regarding the service provided pursuant to „a Franchise may be promptly reported to a Grantee. Sec. 20. Subscriber Charges. Current subscriber charges, the length and terms of residential subscriber contracts, and the procedure by which subscriber charges are established shall be available during normal business hours for public inspection. Sec. 21. Rate Regulation. The City reserves the right to regulate rates for services offered over the Cable System, to the extent not expressly preempted by federal and state law. A Grantee shall be subject to the rate regulation provisions provided.for herein, and those of the FCC at 47 C T. R. , Part 76.900, Subpart N. Sec. 22. Rights of Individuals. A. Discriminatory Practices Prohibited. , In the performance of a Franchise, a Grantee shall not discriminate against any person on the ground of or because of race, creed, color, national origin or ancestry, sex, religion, sexual preference, or political opinion or affiliation or age. A Grantee shall comply at all times with all other applicable federal, state and City laws, and all executive and administrative orders relating to non - discrimination. B. Subscriber Privacy. (1) No signals, including signals of. a Class IV ' Channel, shall be transmitted from a subscriber terminal except as. required to provide a 588627 Franchise Ordinance October 16, 1996 - Page 16 service authorized by a Franchise and the Subscriber. A Grantee -and any other Person shall neither. initiate nor use any procedure or device for procuring or storing information or data from a subscriber's terminals or terminal by any means, without the prior authorization of the affected Subscriber which shall not have been obtained from the Subscriber as a condition of service. The request for such authorization- shall be contained iri a separate document and identify the purpose for which the data or information is being gathered or stored. After the first year of the authorization's initial signing, a Grantee shall, for each year said authorization is in effect without revocation, mail a notice to each authorizing Subscriber informing him or her of the right to revoke said authorization. The authorization 'shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. A separate authorization shall be required for each type or classification of data or information sought from a Subscriber terminal. (2) A Grantee shall not, without the written authorization of the affected Subscriber, provide to anyone data identifying or designating any Subscriber other than where that third -party is performing a service or task in furtherance of the Grantee's business including, but not necessarily limited to, billing or telemarketing functions. Any data authorized shall be made available upon request by and without charge to the authorizing subscriber in. understandable fashion, including specification, of the purpose for which the information is being gathered and to whom and for what fee the information is 'to be sold. C. A Grantee shall not tap or monitor, arrange for the tapping or monitoring, or_ permit. any other person to tap or monitor, any cable, line, signal input device, or Subscriber outlet or receiver for any purpose whatsoever, without the prior written authorization of the affected Subscriber as required by paragraph B of this section. 'D. Nothing herein contained shall prohibit a' Grantee from- verifying System operation and the transmission of signals to an affected subscriber or from monitoring for the purpose of billing. Sec. 23. Public, Educational and Governmental Access. Each Franchise shall `include'a requirement for public, educational and governmental access programming and facilities consistent with state and federal law. 588627 Franchise Ordinance October 16, 1996 - Page 17 Sec. 24. Grantee Records and Books. A. Throughout the term of a Franchise, a Grantee shall maintain books and records in accordance with normal and,accepted bookkeeping and accounting. practices for the Cable Communications industry, and allow for inspection of them at reasonable times at its designated office where necessary to enforcement of a Franchise. The books and records to be maintained by a Grantee .shall include the. following: (1) A record of all requests ,for service; (2) A record of all subscriber or other complaints, and the action taken; (3) A file of all subscriber. contracts; (4) Grantee policies, procedures and company rules; and (5) Financial records. B. A Grantee shall file 'with City, at the time of its annual payment of a Franchise Fee, as described in a Franchise, .the following: (1) A'copy of the most recent performance review for a Grantee utilizing the Annual Performance Review Form attached hereto as Exhibit B. (2) A statement certified by an officer of Grantee showing, in such detail as acceptable to City, ,the gross revenues of a Grantee for the preceding fiscal year.. - (3) Current list of names and addresses of, each officer and diiector and other management personnel, and if a corporation, each shareholder having stock ownership of three percent or;more, and if a partnership, all general partners, and if a general partner is a corporation, the foregoing information shall be given as to the corporate general partner. (4) If requested by City, a copy of each document filed with all federal, ' state and local agencies,during the preceding fiscal,year not previously filed with City. . (5) A. statement of its current billing practices. (6) A current copy of its rules governing use of equipment and facilities and public, .educational and government access and leased access programming. ('n A current copy of its subscriber service contract. 588621 Franchise Ordma ice October 16, 1996 - Page 18 (8) A copy of 'any subscriber surveys conducted. during the last calendar year. C. City, its agents and representatives shall have authority where necessary to enforcement of a Franchise to arrange for and conduct an inspection or audit of the books and records of a Grantee. A Grantee shall first be given five days notice of the inspection or audit request, the description of and purpose for the inspection or audit, and description, to the best of City's ability, of the books, records and documents it wants to review. Sec. 25. Transfer of Ownership. A. A Franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title - thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person other than an Affiliate of Grantee without the prior written consent of City, which consent shall not be unreasonably withheld. Further, Grantee shall not sell or transfer any stock or ownership interest so as to create a new controlling interest except with, the consent of City, which consent shall not be unreasonably withheld. B. Any sale or transfer of Franchise, including a sale or transfer by means of a fundamental corporate change, requires the written approval of City. The parties to the sale or transfer of Franchise shall make a written request to City for its consent. City shall reply in writing within 30 days of actual receipt of the request and shall indicate its approval of the request or its determination that a public hearing is necessary. City shall conduct a public hearing on the request within 30 days of such determination if it determines that a sale or transfer of Franchise may adversely affect the Grantee's subscribers. C. Unless otherwise already provided for by local law, notice of any such hearing shall be given 14 days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. Within 30 days after the public hearing, City shall approve or deny in writing the sale or transfer request. D. In a sale or transfer of only a Franchise, without the inclusion of the System in which at least substantial initial construction has commenced, a Grantee shall be required to establish to the sole satisfaction of City that the sale or transfer of a' Franchise is in the.public interest. E. For purposes of this section, fundamental corporate change means the sale or transfer of a controlling interest in the stock of a corporation or the sale or transfer of all or a majority ,of a corporation's assets, merger (including a 588627 Franchise Ordinance October 16, 1996 - Page 19 parent and its subsidiary corporation), - consolidation or creation of a subsidiary corporation. For the purposes of this Section, fundamental partnership change means the sale or transfer of all or a majority of a partnership's assets, change of a general partner in a limited partnership, change from a limited to a general partnership, incorporation of a partnership, or change in the control of a partnership-. F. The word "control ", as used herein, shall apply to the sale or transfer of all or a majority of Grantee's assets or shares of stock, merger (including any parent and its subsidiary corporation), consolidation, creation of a subsidiary corporation of the parent company, or sale or transfer of stock in Grantee so as to create :a new controlling interest. 'The term "controlling interest" as used herein is not limited to majority stock ownership; but includes actual working control in whatever manner exercised, including the creation or transfer of decision- making authority to a new or different board of directors. Every change, transfer or acquisition of control of a Grantee shall make the Franchise subject to cancellation unless and until City shall have consented in writing thereto, which consent shall not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, City may inquire into the qualifications of the prospective controlling party. The City reserves the right to seek reimbursement of its costs for conducting an inquiry to the extent permitted by applicable state and federal law. The preceding statement does not constitute an agreement by any party to reimburse the City. G. In no event shall a transfer or assignment of ownership or control be approved without transferee becoming a signatory to a Franchise. H. Any transferee of a Franchise shall be subordinate to any right, title or interest of City. I. For information on the right of the City to purchase the cable system during a transfer of ownership, see Section 27. J. Notwithstanding anything to the contrary, no such consent or approval shall be required for a transfer or assignment to any Person controlling, controlled by or under the same common control as the Grantee. Sec. 26. Right to Purchase., A. Transfer of Ownership. If at any time a Grantee receives a bona fide purchase offer for. an asset sale of a System which a Grantee is, willing to accept, a complete copy of such offer 588627 Franchise Ordinance October 16, 1996 - Page 20 shall promptly be given to City and City shall have the right to purchase a System according to the terms of that offer. City shall exercise such right by submitting to a Grantee, within 60 days after City's actual receipt of the bona fide offer, notice that City desires to purchase a System pursuant to said offer. If City does not exercise such right a System may be sold, but only on terms substantially similar to those' terms' submitted to City. If any substantive changes are made in the purchase offer given to City, such purchase offer, as so changed, shall again be given to City and City shall have 60 days from actual receipt by City of the offer, as changed, within which to exercise its right to purchase a System pursuant to the offer, as changed, all as above provided. If City does not exercise its right to purchase a System pursuant to any offer given'to City pursuant to this paragraph, and a System is not sold.to the buyer and on the terms set out in the offer given to City, then the right of City.to purchase a System shall continue, and all subsequent purchase offers, shall be given to City pursuant to this paragraph. Also, the City's right to purchase pursuant to this paragraph shall survive. every sale to a buyer and shall continue and be binding upon every buyer of the System. B. Upon Forfeiture, Revocation or Expiration (1) Upon forfeiture, revocation or termination of a Franchise, or at the normal expiration and denial of any renewal of a Franchise term, City shall have the right to purchase the System. Such right shall be exercised upon written notice to Grantee given within 120 days after the occurrence of any such event. (2) In the event City elects to exercise its right to purchase the System as provided in this Paragraph B, the following shall then apply: (a) If a. Franchise expires and the renewal of the Franchise is denied and the City acquires ownership of the Cable System or effects a transfer of ownership of the, System to another Person, any such acquisition or transfer shall be at fair market value, determined on the basis of the Cable System valued as a going concern but with no value allocated to the Franchise itself, or (b) If a Franchise held by a Grantee is revoked for cause and the City acquires .ownership of the Cable System or effects a transfer of ownership of the System to another Person, any such acquisition or transfer shall be at an equitable price. (c) A Grantee expressly waives its rights, if any, to relocation costs that might otherwise be provided by law. 588627 Franchise Ordinance October 16, 19% . Page 21 (d) The date of valuation shall be no earlier than the day following the date of revocation, forfeiture, expiration or termination of a Franchise and no later than the date City makes a written-offer for a System. Sec. 27. Mediation. It either a Grantee or City asserts that the .other is in default in the performance of any obligation of a Franchise or in the event of a dispute relating to a right to purchase or terms and conditions of it as described in Section 27 of this Ordinance, the complaining party shall notify the other of the default.or, claim and the desired remedy. The notification shall be written. .Representatives of City and a Grantee must promptly. meet and attempt in good faith to negotiate a resolution. If the dispute is not resolved- within 30 .days of the written notice, the City and a Grantee may jointly select a mediator to facilitate further discussion. The .-City and a Grantee will equally share the fees and expenses of this mediator. If a. mediator is not used, or if the City'and a Grantee are unable to. resolve the matter within 30 days after first meeting with the selected mediator, either may commence an action in any court of competent jurisdiction in Minnesota to interpret and enforce a Franchise or for such other relief as may be permitted by law or equity, or either Grantee or City may take any other action permitted by law. Sec. 28. Special Provisions. A. As permitted by state and federal law, and specified in a Franchise. Ag reement Ordinance, each Franchise may require a Grantee to provide facilities and services to public, schools and community colleges within the City, and to fire and police stations and other buildings owned and controlled by the City used for public non - residential purposes. B.' System Maps and Layout - A Grantee shall have, at all times, up -to -date route maps showing the location of the Cable. Communications System adjacent to the Streets. A Grantee shall make all maps available for review by the appropriate City personnel. C. System Construction and Equipment Standards - The Cable Communications System shall be installed and maintained in accordance with standard .good engineering practices and shall conform, when applicable, with the National Electrical Safety Code and the FCC's Rules and Regulations. Sec. 29. Franchise Fee. A. As permitted by state and federal law, a Grantee may be required to pay to the City a Franchise Fee as set forth in a Franchise, in compensation for the use of the City's Streets pursuant to. a Franchise. 588627 Franchise Ordinance October 16, 1996 - Page 22 B. If a Franchise requires payment of a Franchise Fee, each such Franchise shall authorize the City to audit a Grantee's financial records and accountings relating to a Franchise'Fee. A Grantee shall make available at its local business office, upon reasonable request, such data as needed to conduct such audit in accordance with generally accepted accounting principles. C. The City and its representatives shall have the right to inspect a Grantee's financial records during normal business hours to determine whether a Grantee has properly paid all sums due to the City pursuant to the terms of a Franchise. D.' Any neglect; omission or refusal of a Grantee-to cooperate with the City in . reviewing its financial information for the purpose of auditing payment of a Franchise Fee, or to pay, a Grantee fee in full, at the time and in the manner provided in the Franchise, which neglect; omission or refusal shall continue for more than 30 days following written notice thereof to a Grantee from the City, shall be grounds for, default of a Franchise as provided for in Section 35 hereof. Sec. 30. Liability. A. A Grantee shall pay all damages and penalties which the City may legally be required to pay as a result of granting a Grantee's Franchise. B. A Grantee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned above. The expenses shall include all costs, such as attorney's fees.' Sec: 31. Indemnification. A. Grantee shall indemnify, defend, and hold harmless the City for all damages and penalties, at all times during the term of this Franchise, as a result of the procedures for granting this Franchise, the granting of this Franchise, or Grantee's conduct or performance under this Franchise. These damages and penalties shall include, but shall not be limited to, damages arising out of Personal injury, property damage, copyright infringement, defamation; antitrust, errors and omission, theft, fire, and all other damages arising out of Grantee's exercise of this Franchise, whether or not any act or omission complained of is authorized, .allowed or prohibited by this Franchise. B. In order for the City to assert its rights to be indemnified, defended, or held harmless, the City must: (1) Notify Grantee of any claim or legal proceeding which gives rise to such right; 588627 Franchise Ordinance October 16, 1996 - Page 23 (2). Afford Grantee. the opportunity to participate in and fully control any compromise, settlement or resolution. or disposition of such claim or proceeding, unless, however, the, City, in its sole discretion, determines that its interests - cannot be represented in good faith by Grantee; and (3) Fully cooperate with the reasonable requests of Grantee in its participation in, and control,- compromise, settlement or resolution. or other disposition of such claim or proceeding. subject to paragraph (2), above. (4) Act reasonably under all circumstances so as to protect the indemnitor against liability and refrain from compromising any of indemnitor's rights: C. In the event the City, in its sole discretion, determines that, its interests cannot be represented in good faith by Grantee, Grantee shall pay, upon receipt of written demand from City, all reasonable expenses incurred by the City in defending. itself with regard to all damages and penalties mentioned in paragraph A above. These expenses shall include, but not be limited to, all out -of- pocket expenses, such as attorney's fees and costs and the reasonable value of services (as determined by City, rendered by City or any employees, agents or representatives of City; provided, however, the attorney fees shall not exceed (on an hourly. basis) those customarily charged for similar. work in the Twin. Cities Metropolitan area of Minnesota. City reserves the right to cooperate with a Grantee and participate in. the defense of any litigation either through intervention or otherwise. Sec. 32. Security Funds. A.' The City may require a Grantee to file with the City Clerk, concurrently with its acceptance of a Franchise and at a Grantee's sole expense, a corporate surety bond, , construction bond or letter of credit. Such bond or letter of credit shall be in an amount specified in the Franchise Agreement Ordinance, .issued by a .responsible company licensed to do business in Minnesota and conditioned upon the faithful performance of the Grantee to meet its obligations under this Ordinance and the Franchise Agreement Ordinance. The bond or letter. of credit may be: reduced at, the' sole discretion of the franchising authority. B. The provisions of this Section shall not be construed to excuse unfaithful performance. by a Grantee or limit the liability of a Franchise under this Ordinance or a Franchise for damages. Sec. 33. Insurance. A: A Grantee shall maintain liability insurance covering its obligations of indemnification provided for -in or as a result of the exercise of .a. Franchise covering both the City and a Grantee (and shall maintain said insurance during the entire term of a Franchise) in the minimum amount of: 588627 Franchise Ordinance October 16, 1996 - Page 24 (1) $500,000 for property damage to any one person; (2) $2,000,000 for property damage in any one act or occurrence; (3) $1,000,000 for personal injury to anyone person; and (4) $2,000,000 for personal injury in any one act or occurrence. B. During the term of this Franchise, the Grantee shall maintain insurance, as required by paragraph (A) above, issued by a carrier or carriers with an A.M. Best rating of "A -" or better. The Grantee shall maintain on file with the City certificates of insurance together with written evidence of payment of required premiums throughout the term of this Franchise. The above minimum amounts may be changed from time to time by Grantee as requested by the City; provided, however, the Grantee shall not be required to provide insurance in excess_ of what is customarily provided by other cable television operators in the Twin Cities Metropolitan area. C. A Grantee shall immediately give notice to City of any threatened or pending litigation likely to affect this insurance. D. Neither the provisions of this section nor any damages recovered by City shall be construed to, or shall, excuse unfaithful performance by a Grantee or limit the liability of a Grantee. . E. No recovery by City of any sum by reason of the Letter of Credit or Bond required in a Franchise shall , be any limitation upon the liability of a Grantee to City under the terms of this section, except that the sum so received by City from such Letter of Credit or Bond shall be deducted from a recovery under this section, if for the same act or occurrence. F. All insurance policies maintained pursuant to a Franchise shall contain the following endorsement: It is ° hereby understood and agreed that this insurance policy may not be . cancelled nor the intention not to renew be stated until 30 days after receipt by the City, by registered mail, of written notice of such intention to cancel or not to renew. G. A Grantee shall provide worker's compensation insurance as required by state law. H... All such insurance coverage shall. provide a 30 day notice to the City Manager in the. event of material alteration or cancellation of any coverage afforded in said policies prior.to the date said material alteration or cancellation shall become effective. 588627 Franchise Ordinance October 16, 1996 - Page 25 Sec. 34. Default. A. City shall give written notice of default to a Grantee if City, in its sole discretion, determines that a Grantee has: (1) Violated any provision of a Franchise or the acceptance hereof, or any rule, order, regulation or determination of the City, state or federal government, not in conflict. with a Franchise; (2) Attempted to evade any provision of a Franchise or the acceptance hereof;. (3) Practiced any fraud or deceit upon City or subscribers; (4) Made a material misrepresentation, offact in the application, for or negotiation of a Franchise; or (5) Incurred a 12 month or more delay in the construction schedule. B, If a Grantee fails to ' cure such default within 30, days after the giving of such notice (or if such default is of such a character as to require more than 30 days within which to cure'the same, and a Grantee fails to commence to cure the same within said 30 day period,- and thereafter fails to use reasonable diligence, in City's sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of a Franchise before the governing body of City at a regular meeting. .If City decides there is cause or reason to terminate, the following procedure shall be followed: (1) City shall provide a Grantee with a written notice of-the reason or cause for proposed termination and shall allow a Grantee a minimum of 30 days subsequent to receipt of the notice in which, to correct the default. (2) A Grantee shall be provided with an opportunity -to be heard at a public hearing prior to any decision to terminate a Franchise. (3) If; after notice is given and an opportunity to cure, at a Grantee's option, a public hearing is held, and the City determines there was a violation, breach, failure, refusal or neglect, the City may declare by resolution the franchise revoked and of no. further force and effect unless .there is compliance within such period as the City -may fix, such period may not be less than 30 days provided no opportunity for compliance need be granted for fraud or misrepresentation. 588627 Franchise Ordinance October 16, 1996 - Page 26 Sec. 35. Continuity of Service. , A. . It shall be the right of all Subscribers to continue receiving services insofar as their financial and other obligations to a Grantee are honored. In the event that a Grantee elects to rebuild, modify or. sell the System, or the City gives notice of intent to terminate or fails to renew a Franchise, a Grantee shall act so as to insure that all Subscribers receive reliable service. B. In the event of a change of a Grantee, or in the event a new operator acquires a System, a Grantee shall cooperate wiih the City's new Grantee or operator in maintaining continuity of service to all Subscribers. During such period, a Grantee shall be entitled to the revenues for any period during which it operates a System and shall be entitled to reasonable cost for its services when it no longer operates the System. C. In the event a Grantee fails to operate the System for three consecutive days without approval of the City or without just cause, the City may, at its option, operate the System or designate an operator until such time as . a Grantee restores service under conditions acceptable to the City or a permanent operator is selected. This section shall not apply if the cable operator is unable to operate the system due to Force Majeure as defined in Section 38. If the City is required to fulfill this obligation for a Grantee, a Grantee shall reimburse the City for all reasonable cost or damages.in excess of revenue from the System received by the City that are a result of a Grantee's failure to perform. D. A Grantee shall not allow its cable or other operations to interfere with the television reception of Persons not served, by a Grantee, nor shall a System interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the City, as the facilities of such utilities exist at the time of construction or extension of a Grantee's System: Sec. 36. Foreclosure and Receivership. A. Foreclosure. Upon the foreclosure or other judicial sale of a System, a Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of a Grantee has taken place, and the provisions of a Franchise governing the consent to transfer or change in _ownership shall apply without regard to how such transfer or change in ownership occurred. B. Receivership.. The City shall have the right to cancel a Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, 120 days after the appointment of a 'receiver or trustee to take over and conduct the business of a Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: 588627 Franchise Ordinance October 16, 1996 - Page 27 (1) Within 120 days after.his election or appointment, such receiver or trustee shall have fully complied with all the provisions of a Franchise and remedied all defaults thereunder; and, (2)'' Such receiver or trustee,- within said 120 days, shall have executed a_ n agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver, or trustee assumes and agrees to be-- bound by each and every provision of a Franchise. Sec. 37. Compliance with Laws, Rules and Regulations. Any of the provisions or terms of this Ordinance may be amended by the City in order to be made consistent with any new or amended local, state or federal law, rule, or regulation of governmental authorities with jurisdiction to regulate Cable Communications Systems. The City and a Grantee shall conform to federal and state laws and regulations as soon as, they become effective. Where amendment to laws, rules or other, regulatory standards requires modification of any Franchise granted pursuant to this Ordinance, the modifications necessary to effect compliance with such laws, rules or regulations shall be made within one year of the effective'date of'such change, or, at the time of renewal of a Franchise, whichever occurs first. Sec. 38. Force Majeure. A. In the event a 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'a Grantee's control, such inability to,perform shall-be deemed excused and no penalties or sanctions shall be imposed as a result thereof. B. For the purpose of this section, causes or events not within the control of a Grantee shall include but not be limited to 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, storms, .landslides, and fires. Sec. 39. Severability. A. This Ordinance shall be construed in a manner consistent with all applicable federal and Minnesota laws: B. If any section, subsection; sentence, clause, phrase or portion of this Ordinance or any Franchise granted hereunder is for any., reason held illegal, invalid or unconstitutional by the decision "of any court of competent jurisdiction,' such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof or thereof.' 588627 Franchise Ordinance October 16, 1996 - Page 28 Sec. 40. Effective Date. This Cable Regulatory Ordinance shall become effective on January 1, 1997 and simultaneously Ordinance No.� 1 12o,:,also known as the Cable Communications Ordinance, shall be repealed, provided .that the current Grantee under the Cable Communications Ordinance has executed a Franchise Agreement Ordinance in compliance with this Ordinance before January 1 1,997; If the current Grantee under the Cable Communications Ordinance has not executed a Franchise Agreement Ordinance pursuant to this Ordinance by January 1, 1997 , this Cable Regulatory Ordinance becomes null and void, and the existing Cable Communications Ordinance remains in force. Sec. 41. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed in accordance with the requirements of the City and state law. Thirty days from and after its final passage, it shall take effect and be in full force. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Edina Minnesota, this day of 1996. Mayor ATTEST: City Clerk 588627 Franchise Ordiaaace October 16, 19% - Page 29 Federal Communications Commission within 30 days of receipt of such re- quest. [58 FR 17364, Apr. 2, 19931 §7t.305 Records to be maintained lo- cally by cable system operators for public inspection. (a) Records to be maintained. The oper- ator of every cable television system having 1,000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by § 76.207 (po- litical file); 76.221(f) (sponsorship iden- tifications); 76.79 (EEO records avail- able for public inspection); 76.225(c) (commerical records for children's pro- gramming); 76.601(c) (proof-of- perform- ance test data); 76.601(e) (signal leak - age logs and repair records) and §76.701(h)(records for leased access). (1) A record shall be kept of each test and activation of the Emergency Alert System (EAS) procedures pursuant to the requirement of part 11 of this chap- ter and the EAS Operating Handbook. These records shall be kept for three years. (2) [Reserved] (b) Location of records. The public in- spection file shall be maintained at the office which the system operator main- tains for the ordinary collection of sub- scriber charges, resolution of sub- scriber complaints, and other business or at any accessible place in the com- munity served by the system unit(s) (such as a -public registry for docu- ments or an attorney's office). The public inspection file shall be available for.public inspection at any time dur- ing regular business hours. (c) The records specified in paragraph (a) of this section shall be retained for the period specified in § §76.207, 76.221(f), 76.79, 76.225(c), 76.601(c), and 76.601(e), respectively. (d) Reproduction of records. Copies ' of any material in the public inspection file shall be available for machine re- production upon request made in per - son, provided the requesting party shall pay the reasonable cost of repro- duction. Requests for machine copies shall be fulfilled at a location specified by the system operator, within a rea= sonable period of time, ,which in no event shall be longer than seven days. The system operator is not required to § 76.309 honor requests made by mail but may do so if it chooses. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1069, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; (47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)) [39 FR 29186, Aug. 14, 1974, as amended at 40 FR 25024, June 12, 1975; 42 FR 19349, Apr. 13, 1977; 51 FR 26251, July 22, 1986; 56 FR 19617, Apr. 29, 1991; 57 FR 11001, Apr. 1, 1992; 58 FR 7993, Feb. 11, 1993; 59 FR 67103, Dec. 2B; 19941 § 76.507 System inspection. The operator of a cable television system shall make the system, its pub- lic inspection file (if required by §76.305). and its records of subscribers available for inspection upon request by any authorized representative of the Commission at any reasonable hour. [42 FR 19349, Apr. 13, 1977) § 76.308 Customer service obligations. (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this sec- tion against cable operators. The fran- chise authority must provide affected cable operators ninety (90) days writ- ten notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to cus- tomer service requirements that ex- ceed the standards set forth in para- graph (c) of this section; (2) A franchising authority from en- forcing, through the end of the fran- chise term, pre - existing customer serv- ice requirements that exceed the stand - ards set forth in paragraph (c) of this section and are contained in current. franchise agreements; (3) Any State or any franchising au- thority'from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regu- lation concerning customer service that imposes customer service require- ments that exceed, or address matters not addressed. by the standards set forth in paragraph (c) of this section. (c) Effective July 1, 1993, a cable op- erator shall be subject to the following customer service standards: 507 § 76.309 (1) Cable system office hours. and telephone availability - (i) The cable operator will maintain a local, toll -free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to cus- tomer telephone inquiries during nor- mal business hours. (B) After normal business hours, the access line may be answered by a serv- ice or an automated response system, including an answering machine. In- quiries received after normal business hours must be responded to by a trained company representative on the next business day. (ii) Under normal operating condi- tions, telephone answer time by a cus- tomer representative, including wait time, shall not exceed thirty (30) sec- onds when the connection is made. If the call needs to be transferred, trans- fer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under .normal operating condi- tions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform sur- veys to measure compliance with the telephone answering standards above unless an historical record of, com- plaints indicates a clear failure to com- ply. (iv) Under normal operating condi- tions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and, bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and.service calls. Under normal operating condi- tions, each of the following four stand- ards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: (i) Standard installations will. be per- formed within seven (7) business days after an order has been placed. "Stand- ard" installations are those that are located up to 125 feet from, the existing distribution system. (ii) Excluding conditions beyond the control of the operator, the cable oper7 47 CFR Ch. 1 (10 -1-95 Edition) ator will begin working on "service interruptions" promptly and in no event later than 24 hours after + interruption becomes known. The ca, operator must begin actions to correct other service problems the next busi- ness, day after notification of the serv- ice problem. (iii) The "appointment window" al- ternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four -hour time block dur- ing normal business hours. (The opera- tor may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator 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. The ap- pointment will be rescheduled, as nec- essary, at a time which is. convenient for the customer. (3) Communications between ca}' operators and cable subscribers- (i) Notifications to subscribers — (A) The cable operator shall provide written information on each of the fol- lowing areas at.the time of installation of service, at least annually to all sub- scribers, and at any time upon request: (1) Products and services offered; (2) Prices and options for program- ming services and conditions of sub- scription to programming and other services; (3) Installation and service mainte- nance policies; M.. Instructions on how to use the cable service; (5) Channel positions programming carried on the system; and, (6) Billing and complaint procedures, including the address and telephone number of the local franchise authority.'s cable office. (B) 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 508 Federal Communications Commission thirty (30) ' days in advance of such changes if the change is within the control of the cable operator. In addi- tion, the cable 'operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by -the preceding paragraph. (ii) Billing — (A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all ac- tivity during the billing period, includ- ing optional charges, rebates and cred- its. (B) In case of a billing dispute, the cable operator must respond to a writ- ten complaint from a subscriber within 30 days. (iii) Refunds — Refund checks will be issued promptly, but no later than ei- ther — (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment sup- plied by the cable operator if service is terminated. (iv) Credits—Credits for service will be issued no later than the customer's next billing cycle following the deter- mination that a credit is warranted. (4) Definitions— (I) Normal business hours —The, term "normal business hours" means those hours during which most similar busi- nesses in the community 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. (ii) Normal operating conditions —The term "normal operating conditions" means those service conditions which are within the control of the cable op- erator. Those conditions which are not within the control of the cable opera- tor include, but are not limited to, nat- ural disasters. civil ciSturbances, power outages, telephone networic out- ages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not lim- ited to, special promotions, pay -per- view events, rate increases, regular §76.400 peak or seasonal demand periods, and maintenance or upgrade of the cable system. (iii) Service interruption —The term "service interruption" means .the loss of picture or sound ou one or more cable channels. [58 FR 21109, Apr. 19. 1993] subpart —Forms and Reports § 76.400 Operator, mail address, and operational status changes. Within 30 days following a change of Cable Television System Operator, and/ or change of the operator's mail ad- dress, and/or change in the operational status of a cable television system, the Operator shall inform the Commission in writing of the following. as appro- priate; (a) The legal name of the operator and whether the operator is an individ- ual, private association, partnership or corporation. See §76.5(cc). If the opera- tor is a partnership; the legal name of the partner responsible for communica- tions with the Commisson shall be sup - plied; (b) The assumed name (if any) used for doing business in each community; (c) The new mail address, including .zip code, to which all communications are to: be directed; (d) The nature of the operational sta- tus change (e.g., became operational on (year) (month), exceeded 49 subscribers, exceeded 499 subscribers, operation ter- minated temporarily, operation termi- nated permanently); (e) The .names and FCC identifiers (e.g., CA0001) of the system commu- nities affected. NOTE: _FCC system community identifiers are routinely assigned upon registration. They have been assigned to all reported sys- tem communities based on previous Form 325 data. If a system community in operation rlor to lfarch 31, 1972, has not previously been assigned a. system community identi- �ier:-the operator shall provide the following information in lieu of the identifier: Commu- nity Name, Community Type (i.e., incor- porated town, unincorporated settlement. uw.) County Name, State, Operator Legal Name. Operator Assumed Name for Doing Business in the community, Operator Mail 509 EXHIBIT B ANNUAL PERFORMANCE REVIEW Check Where Applicable 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 Other (describe in attachment) 3. CUSTOMER SERVICE Customer service requirements complied with Periodic subscriber satisfaction survey performed Results of subscriber satisfaction survey with comment on meeting needs identified (attached) 388627 Franchise Ordinance October 16, 1996 - Page 31 5. FLINGS 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 WITH REVENUE SOURCES IDENTIFIED (SUMMARY ATTACHED) 8. COMPLETION OF CONSTRUCTION Upgrade /rebuild (summary attached) New technologies incorporated into system Channel capacity increased Service extended to new areas - Other 9. NEW SERVICES No Changes Services other than programming made available in the subscriber network (summary attached) 10. TERMS ' AND CONDITIONS IN THE FRANCHISE 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) 58862'7 Franchise Ordinance October 16, 1996 - Page 32 All insurance, bonds and deposits are updated and filed with City, Duplication of materials already filed with the.City -'is not required with this filing. Dated this day of 19_ by Officer of Cable Company City of Verification: The above Annual Performance Review has been filed by as required. The Office of Administrative Services for the City of has reviewed the information and finds that the filing is complete /is not complete The following matters, are deemed incomplete and require further information and /of compliance by THE CITY OF. 588627 Franchise OrdU' M=C October 16, 1996 - Page 33 Cable Television Franchise Agreement Ordinance CITY of ,MINNESOTA Prepared by: Adrian E. Herbst, Esq. Theresa M. Harris, Esq. Fredrikwn & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 Telephone: (612) 347 -7000 Fax: (612) 347 -7077 With the assistance of: The Southwest Suburban Cable Commission TABLE OF CONTENTS Page SECTION 1. RENEWAL OF GRANT OF FRANCHISE.. ................. 2 SECTION 2. SHORT TITLE .. ... ... ............. ... 2 SECTION 3. DEFINITIONS . .. .......... ............ . 2 SECTION 4. EFFECTIVE DATE AND TERM'OF RENEWAL ..:........... 2 SECTION 5. WRITTEN NOTICE ........... ' ...........:........ ... 2 SECTION 6. DESIGN PROVISIONS . ................. ............... 3 6.1 System Design .. ...... ......... ................ 3 6.2 Cable Nodes System Connect .... .. ... , .. ..... ........ 3 6.3 Service` to the Schools -and Government Buildings .....: :......... 3 6.4 Parental Control Lock ........................... 4 6.5 Standby Power ... - ....... ........... ....... . 4 6.6 Periodic Review Provisions ............................ 4 SECTION 7. PUBLIC, EDUCATIONAL AND. GOVERNMENTAL ACCESS PROGRAMMING ... ........... ... .............. 5 7.1 Access Channels ........................ .............. 5 7.2 Studio /Facilities ............... ... ............ 6 7.3 Funding for PEG Access .............. .... .... ... 7 7.4 Regional Channel Six .. ... ...................... 7 7.5 Override of the Government Access Channel .... ..... . . ' 7 SECTION 8. PERIODIC CUSTOMER SURVEYS ....................... 8 SECTION 9. LINE EXTENSION POLICY ........................... 8 SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS ....... .9 10.1 Payment to City ........... :.. ' , .... .... ..... 9 10:2 Bonds ................ ............... ...... ... 9 10.3 Security Fund ............ I ......................... 10 SECTION 11. SOCIAL CONTRACT ...... _ .. ........... 13 SECTION 12. COMPETITION ADJUSTMENT ......................... 13 588638 Franchise Agreement Ordinance October 16, 1996 - Page i SECTION 13. ACCEPTANCE .. ....... ................. ... 17 13.1 Other Franchises ... .. ... ' ...... .............. 17 13.2 Time of Acceptance: Incorporation of Offering: Exhibits . . . .. ............................... 18 EXHIBITS Exhibit A - Franchise Fee Payment Worksheet ............................... 20 Exhibit B - Time Warner Social Contract ......... 21 Exhibit C - Paragon Cable Initial Programming . .......... .. .......... 22 t FRANCHISE AGREEMENT ORDINANCE This Agreement, made and entered into this day of P'19_, by and between the City of Ed i na , a municipal corporation of the State of Minnesota, and KBL Cable Systems of the Southwest Inc., a wholly -owned subsidiary of Time Warner Inc. WITNES SETH 'WHEREAS, KBL Cable Systems of the Southwest Inc. has operated a Cable System in the City of Edina , pursuant to Ordinance No. 1120 ;also known as the Cable Communications Ordinance, which expires on December 31, 1999; and WHEREAS, KBL Cable Systems of the Southwest Inc. has requested an early renewal of its Franchise because KBL Cable Systems of the Southwest Inc. intends to rebuild its System to a modern state of the art design as described herein and at substantial cost; and WHEREAS, KBL Cable Systems of the Southwest Inc. and the City ' of Ed i na , based on City's understanding the rebuilt System will provide considerable new service capabilities and economic benefit opportunities to its institutions, residents and businesses, have agreed to enter into an early renewal of the Franchise; and WHEREAS, the City of Edina , will repeal Ordinance No. 11:20, also known as the Cable Communications Ordinance, including amendments and agreements relating to it beginning with the effective date of this Agreement Ordinance, and enact Ordinance No. 1996 - also known as the Cable Regulatory, Ordinance, through which 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, reviewed the legal,, technical and financial qualifications of KBL Cable Systems of the Southwest Inc. and after a properly noticed public hearing, has determined that it is in the best interest of the City and its residents to renew its Franchise with KBL Cable Systems of the Southwest Inc.. NOW, THEREFORE, the City of Ed i na (hereinafter also known as the "City" or "Grantor') hereby grants to KBL Cable.Systems,of the Southwest Inc. (hereinafter the "Grantee ") renewal of its cable television Franchise in accordance with the provisions of Ordinance No. 1996 -5and this Agreement. 5896338 Franchise Agreement Ordinance October 16, 1996 - Page 1 SECTION 1. RENEWAL OF GRANT OF FRANCHISE The cable television Franchise granted through Ordinance Number i 996- on the day of ,.19 96 and now held by Grantee is renewed. Ordinance Number 1120 that_ granted the original franchise is repealed and replaced by the Cable Television Franchise Ordinance, Ordinance Number 1 g9(,_r� and this Franchise Agreement Ordinance. This Franchise shall be subject to the terms and conditions of this Franchise Agreement Ordinance and shall be subordinate to the' Cable Television Franchise Ordinance and all applicable federal, state and local law. - SECTION 2. SHORT TITLE This Agreement shall be known and cited as the "City of Ed i ne Cable Television Franchise Agreement Ordinance. " Within this document it shall also be referred to as "this Franchise" or "the Franchise." SECTION 3. DEFINITIONS The definitions contained in Ordinance Number 1996- 5 of `the City of Edina are incorporated herein by reference and adopted as fully as if set out verbatim. SECTION 4. EFFECTIVE DATE AND TERM OF RENEWAL This Franchise shall commence on the effective date described'in Section 13 and shall expire 15 years thereafter. SECTION 5. WRITTEN NOTICE All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Manager of this Franchise or. 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to City: If to Grantee: Such addresses may be' changed by either party upon notice to the other party given as provided in this sectiom. 588638 Franchise Agreement Ordinance October 16, 1996 - Page 2' SECTION 6. DESIGN PROVISIONS. 6.1 .System Design. Grantee agrees to upgrade its System to a capacity of 750 MHz which is-the equivalent of 112.6 MHz analog video channels. However, Grantee will initially use the 54 MHz -550 MHz section of .the System, to deliver analog signals and reserve the 550 MHz to 750 MHz section for future applications. Stated in terms of 6 MHz analog channels the 54 MHz to 550 MHz of the System , has capacity for 79 channels. The upgraded System shall -have the technical capacity for non' voice return communications which means the provision of -appropriate system design techniques with the installation of cable and amplifiers suitable for the subsequent insertion of necessary non -voice communications electronic modules. Such upgrade shall be completed and in use by December 31; 1999. 6.2 Cable Nodes System Connect. Grantee will locate its "nodes" near schools where possible, without in Grantee's opinion, comprising. the engineering design of the System. The City will provide maps showing the location of the schools. 6.3 Service to the Schools and Government Buildings. A. Service to Pubic Schools and Public Buildings 1. The Grantee shall continue to ,provide one outlet of Basic Service; . the Cable Programming Service Tier and one. Converter, if needed, to those facilities presently served. Service'to public schools and municipally. owned buildings ' constricted or occupied after the effective date of this Franchise shall be similarly provided subject to the building being located within 200 feet of the Grantee's then existing System. 2. If facility is over 200 feet from Grantee's then existing System, the school or municipality shall be responsible for all equipment; construction costs and additional wiring beyond the first 200 feet that are the Grantee's responsibility. - 3. All internal wiring cost beyond the one outlet that Grantee agrees to provide shall be the responsibility of the school or municipality. 4. The financial responsibility for any additional Converters desired by the school or municipality shall be their responsibility. 588638. Franchise Agreement Ordinance October 16, 1996 - Page 3 B. Service to Private Schools Grantee shall provide Installation to private schools within 200 feet of plant. A private school is defined as any ' private secondary school that receives funding pursuant to Title 1 of the Elementary and Secondary Education Act of - 1965: Installation and Cable Service shall be provided for free to such private schools through the year 2000. 6.4 Parental Control Lock. Grantee shall provide, for sale or lease; to Subscribers, upon request, a parental control locking device. 6:5 Standby Power. Grantee shall continue to provide standby power .throughout the System now-and as rebuilt capable of providing at least three hours of emergency supply. 6.6 Periodic Review Provisions., The City may request a State -of -the -Art review at any time between the sixth year anniversary and the twelfth year anniversary of the granting of this Franchise. In conducting a State -of- the -Art review, the City shall undertake the following process: A. The City and the Grantee shall undertake a review of the then existing Cable System. This review shall, at a minimums take into account the following: 1. Characteristics of the existing System; 2. The State -of -the -Art; 3. Additional benefits provided to customers by the State -of -the -Art; 4. The market place demand for the State -of- the -Art; and 5. The financial feasibility of the State -of- the -Art taking into account associated rate increases, and the premature retirement of assets. B: The City shall hold at least two public hearings to enable the general public and Grantee to comment and to present evidence., C. For the purposes of this Section the term "State -of -the -Art" shall mean equipment or facilities that: 588638 Franchise Agreement Ordinance October 16, 1996 - Page 4 1. Are readily available with reasonable delivery schedules from two or more sources of supply; 2. 'Have the capability to perform the intended functions demonstrated within communities with similar characteristic (including, but not necessarily limited to, population, density, Subscriber penetration, etc.) under actual operating conditions for purposes other than tests or experimentation; and 3. Are technically and economically feasible to implement. The term "State -of -the -Art" shall not include equipment. or facilities associated with or dedicated to the general public, educational or governmental access or telecommunication services. D. Notwithstanding anything to the contrary, the City may not undertake a State -of -the -Art review at any time the Grantee is deemed subject to effective competition pursuant to then applicable state or, federal law. E. As a result of any review based on this Section, City and Grantee may enter into good faith negotiations to amend this Franchise as agreed upon. SECTION 7. PUBLIC... EDUCATIONAL AND GOVERNMENTAL ACCESS PROGRAMMING. 7.1 Access Channels. A. Grantee shall provide four public, educational and government (PEG) Access Channels (the "Access Channels "). One channel shall be dedicated to public access, one channel shall be dedicated to governmental access, and two channels shall be dedicated to educational access. B. Grantee shall provide to each of its Subscribers who receive all or any part of the total services offered, on the System, reception of each public, educational and governmental Access Channel C. Grantee shall provide at least one specially designated access channel available for lease on a first come, nondiscriminatory basis by commercial and :noncommercial users., This Section is not applicable to Subscribers receiving only alarm system services or only data transmission services for computer operated functions. The VHF spectrum shall be used for at least one of the specially designated noncommercial public Access Channels required. D. Whenever any of the Access- Channels are in. use during 80 percent of the weekdays (Monday- Friday), for 80 percent of the time during any 588638 Franchise Agreement Ordinance October 16, 1996 - Page 5 consecutive three hour period for six weeks running, and there'is demand for use of an additional channel for the same purpose, Grantee shall then have six months in which to provide a new specially designated access channel for the same purpose at no additional cost to Subscribers. E. Grantee must establish rules and regulations for the public, educational and leased Access Channels. The rules and regulations established by the Grantee are subject to approval by the City. F. Subscribers receiving programs on one or more special service channels without also receiving the regular Subscriber services may receive only one specially designated composite, Access Channel composed of the programming on Access Channels. - Subscribers receiving only alarm system services or only data transmission services for computer operated functions shall not be included in this requirement. . 7.2 Studio /Facilities A. Subject to a transition plan that shall be filed with the City before the City executes, this Agreement and that shall be updated annually until the transition is .complete, Grantee will provide one large facility containing one studio with.the current square footage of 1440 square feet in the Eden Prairie studio for public, educational and governmental access production which will be located in Eden Prairie. The studio will have the capacity for audience participation.- The facility will include two separate editing suites, storage space and the entire studio facility will be wheelchair accessible. The facility shall meet the, current hours of, Monday through Friday 10:00 a.m. to 6:00 p.m. and by appointment on evenings and weekends. The facility shall also add regular -weekend hours and some regular week night,hours. B. Grantee - shall make readily available for. public use. at least minimal equipment necessary for the production of programming and playback of prerecorded programs for the specially designated noncommercial public Access Channel.. The Grantee shall also make readily available upon need being shown, the minimum equipment necessary to make it possible to record programs at remote locations with battery operated portable equipment. C. No charges shall be made for channel time or playback of prerecorded programming on the specially designated noncommercial public Access Channel... Grantee can include any costs associated with production and playback for the noncommercial public Access Channel in the total sum allocated for public, educational and governmental access programming as stated in Section 7.3. Additionally, at the City's request, Grantee will 588638 Franchise Agreement Ordinance October 16, 1996 - Page 6 work with the City to institute a nominal membership. fee for users of the PEG-access facility., D. Need within the meaning off this section shall be determined in the sole discretion of City or by Subscriber petition. Said petition must contain the signatures of at least 10 percent of the. Subscribers of System, -but in no case more than 500 nor. fewer than 100 signatures. 7.3 Funding for PEG Access. In the first year after the effective date of this Franchise, Granted. shall provide no less than $200,128 annually for PEG access operating expenses collectively for the cities of Edina, Eden Prairie, Hopkins, Minnetonka, and Richfield. After the .first year of the Franchise, Grantee shall provide sufficient financial and in -. kind support to maintain a substantially equivalent level of services, facilities and equipment in the remaining -years of the Franchise Agreement Ordinance comparable to the services, facilities and equipment provided in the first year of the Franchise. These expenses will be itemized on customers'. bills. This amount will provide the following services: (a) labor costs; (b) educational consultant; (c) facilities and utilities; (d) access expenses; (e) educational expenses; (f) equipment maintenance; (g) technical support; and (h) replay- expenses. This funding shall not be deducted from the Franchise Fee within the meaning of this Agreement. Grantee shall not calculate" a Franchise Fee upon funds itemized on the customers' bills for public, educational or governmental access production and programming. 7.4 Regional Channel Six. Under Minnesota Cable Communications Act, standard VHF Channel six has been designated for usage as the regional channel. Also known as Metro Cable Network, this 'independent, non- commercial, non - profit channel shall be made available without charge: This provision shall remain, in effect as long as a regional ' channel is required by the State of Minnesota. 7.5 Override of the Government Access Channel: Grantee agrees to provide the capability such that the City, from its City Hall, can switch its government Access Channel in the following ways: A. Insert live Council meetings from City Hall; B. Replay government access programming from City Hall; C. Transmit .character generated programming; 588638 Franchise Agreement Ordinance October 16, 19% - Page 7 D.' Schedule for Grantee to replay City- provided tapes in pre- arranged time slot on the government Access Channel; and E. Switch to C -SPAN 2 or other comparable programming provided by Grantee at any time when not, carrying live or taped government access programming. SECTION 8. PERIODIC' CUSTOMER SURVEYS 8.1 The Grantee shall upon request of the City and at times mutually agreed upon by the parties, but no more frequent than-once every"three years conduct a random survey of a representative sample of, Subscribers. Each questionnaire shall be prepared and conducted in good faith so as to'provide reasonably reliable measure of ' customer satisfaction with: (1) audio and signal 'quality; (2) response to customer complaints; (3) billing practices; (44) programming; and (5) Installation practices; 8.2 The survey shall be conducted in conformity, with standard research procedures including the use of telephone survey conducted by .an independent person in the business of regularly conducting such surveys. 'The survey shall consist of a sample size of 300 customers or such other sample size as to yield a margin of error of plus 'or minus six percent or less of the total customer base. 8.3 The Grantee shall report the results of the survey and any steps the Grantee may be taking in response to the survey within 60 days of the completion of the survey. 8.4 Notwithstanding anything to the contrary, the Grantee shall be under no obligation to conduct a survey at any time the Grantee is deemed subject to effective competition under then applicable state or' federal law. SECTION 9. LINE EXTENSION POLICY. 9.1 The- Grantee shall within 1-2 months of receiving a request, extend the System to any residences within the City served by City water and sewer facilities. 9.2 The City recognizes that in some instances the Grantee needs the permission. of private property owners to extend service to others who may be interested in service and agrees that should the Grantee be unable to obtain these needed permissions under terms reasonable to the Grantee and the property owners from whom permission is required that the Grantee shall be under no obligation to extend service. " 588638 Franchise Agreement Ordinance October 16, 1996 - Page 8 SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS. 10.1 Payment to City. A. Grantee shall pay to the City a Franchise Fee in an amount equal to five percent (5 %) of its annual Gross Revenues. B. The foregoing payment shall be compensation, for use of Streets. C. Payments due the City under this provision shall be computed at the end of each calendar quarter. Payments shall be due and payable for each quarter not later than 60 days from the last day of the quarter. Each payment shall be accompanied by a brief report showing the basis for the computation.. At the end of each calendar year, Grantee shall complete a Franchise Fee Payment Worksheet attached hereto as Exhibit A. Grantee shall file a completed Franchise Fee Payment Worksheet no later than 60 days after the ,last day of the calendar year. D. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Franchise. All amounts paid shall be. subject to audit and recomputation.by the City. E. In the event any payment is not made on the due date, interest on the amount due shall accrue from such date at the annual rate of 12 %. 10.2 Bonds. A. At the. commencement of this Franchise, and at all times thereafter until Grantee has completed the System Upgrade in Section 6.1 ' 'of this Franchise, Grantee shall maintain with City' a bond in the sum of $300,000.00 in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by,, Grantee of this Franchise and the acceptance hereof given by City and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by ;City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys' fees and costs (with interest at two percent in excess of the then prime rate), up. to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City-or any, public property, and taxes due to City, which arise by' reason of the construction, operation; maintenance 588638 Franchise Agreement Ordinance October 16, 1996 - Page 9 or use- of the System. Upon completion of the System Upgrade as described in Section, 6.1 of this Franchise, the City may reduce the bond to the sum of $100,000.- B. The rights reserved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. C. - City may, in its sole discretion, reduce the amount of the bond. 10.3 Security Fund. A. In the event,the Grantee is given notice of a non - compliance pursuant to Section 34 of the Ordinance, the Grantee shall within ten (10) days thereof deposit into a bank account, established by the City, and maintain on deposit the sum of Twenty Thousand and 00 /100 Dollars ($20,000.00) or deliver to the. City a letter of credit in the same amount as a common Security. Fund for the faithful performance by it of, all the provisions of this Franchise and compliance with,all orders, permits and directions of the City and -the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the System. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon the Resolution of the alleged non - compliance. B. Provision shall be made to permit the City to withdraw funds from the Security Fund. Grantee shall not use the.Security Fund for other purposes and shall not assign, pledge or otherwise, use this Security Fund as security for any purpose. C. Within ten (10) days after notice to it that any amount has been withdrawn by the City from the Security Fund :pursuant to (A) of this section, Grantee shall deposit a sum of money sufficient to restore such Security Fund to the required amount. D. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Security. Fund the following penalties: 1. For failure to complete System construction in accordance with Grantee's upgrade plan; unless City approves the delay, the penalty shall be $200.00 per day for each day, or part thereof, . such, failure occurs or continues. 588638 Franchise Agreement Ordinance October 16, 1996 - Page 10 2. For failure to-provide data, documents; reports or information or to cooperate with City during an Application process or System review, the penalty shall be. $50.00 per day for each day, or part thereof, such failure occurs or continues. 3. For failure to comply with any, of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Paragraph C, the penalty shall be $50.00 per day for each day, or part thereof, such failure occurs or continues. 4. For failure to test, analyze and report on the performance of the System following a 'request- by City, the penalty shall be $50.00 per day for each day, or part thereof, such failure occurs or continues. 5. For failure by Grantee to provide additional services as negotiated between City and Grantee at a periodic review session within 45 days after a request by City the penalty shall be $200.00 per day for each day, or part thereof, ,such failure occurs or continues. 6. Forty -five days following notice from City of a failure of Grantee to comply. with construction, operation or maintenance standards, the penalty shall be $200.00 per day for each. day, or part thereof, such failure occurs or continues. 7. For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the Access Channels and the making available for use of the equipment and other facilities to City, the penalty shall be $100.00 per day for each day, or part thereof, such failure occurs or continues. 8. Each violation of any : provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. E. Exclusive of. the contractual -penalties set out above in this section, a Violation of any provision of this Franchise is a misdemeanor. F. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) days notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure 598638 Franchise Agrumeat Ordinate October 16, 19% . Page 11 of the security, the City may then withdraw such funds from the Security Fund. Payments are not Franchise Fees as defined in Section 29 of the Ordinance. . G. Whenever the City finds that Grantee has allegedly violated one or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have 30 days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of penalties, and .further to ,enforce payment of penalties through the Security Fund. Grantee may, within 10 days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by . Grantee shall specify with particularity the matters the matters disputed by Grantee and shall stay the running of the above- described time. 1. City shall hear Grantee's dispute at the next regularly scheduled or specially scheduled Council meeting. Grantee shall have the right to subpoena and cross - examine witnesses. The City, shall determine if Grantee has committed. a violation and shall make written findings,of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. 2. If after hearing the dispute, the claim is upheld by the City, then Grantee shall have, 30 days within which to remedy the violation before the City may require payment of all penalties due it. 3. The time for Grantee to correct any alleged violation may be extended by the City if,the necessary action to correct the alleged violation is of such a nature or character as to require morethan 30 days within which to perform provided Grantee commences corrective action within 15 days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. H. If City draws upon the Security Fund delivered pursuant hereto, in whole or in part, Grantee shall replace the same within three days and shall deliver to City a like replacement Security Fund for the full amount stated in Paragraph A of this section as a substitution of the previous Security Fund. I. If any Security Fund is not so replaced, City may draw on said Security Fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying, for any or all of the obligations, duties and responsibilities of 588638 Franchise Agreement Ordinance October 16, 1996 - Page 12 Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys' fees incurred by the City in so performing and paying. The failure to so replace any Security Fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the Security Fund by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. J. The collection by City of any damages, monies or penalties, from the Security Fund shall not affect any other right or remedy available to, City, nor shall any act, or failure to act, by City pursuant to the Security Fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. SECTION 11. SOCIAL CONTRACT. The Social Contract between Grantee and the Federal Communications Commission is attached hereto as Exhibit B: It is expressly understood by the City and the Grantee that the Social Contract is made a part hereof for informational purposes only. Inclusion of the Social Contract by reference is not intended to nor shall it create any right of the City to enforce any provisions of the Social Contract directly or indirectly under the terms of this Franchise. The parties expressly acknowledge and understand that the Social Contract and the obligations. contained therein are enforceable exclusively by the FCC as more fully set forth in the Social Contract. SECTION 12. COMPETITION ADJUSTMENT. 12.1 In consideration of Grantee's substantial investment estimated at $20 million dollars to rebuild its System at an early date for the Cities of Eden Prairie, Edina, Minnetonka,. Hopkins and Richfield, MN, the City agrees to include the following provisions. 12.2 Any additional or subsequent cable 'Franchise granted to cable or non -cable companies who may compete with Grantee within the Franchise area will be granted only on substantially similar terms and conditions as this Franchise and shall not. contain less burdensome nor more favorable terms than those imposed, on Grantee by this Franchise. 12.3 The City and Grantee agree that all Franchise provisions that Grantee is subject to are effective against the Grantee only if such requirements are applied as well to any and all wired competitors of the Grantee within the Franchise area. For purposes of this subsection, a wired competitor is any ' video provider using Streets and offering at least 12 channels of video programming at least one of which is a broadcast signal, which uses wires, coaxial cables, optical fiber or other similar technology and places or attaches such wires, cables or fibers on 588638 Franchise Agreement Ordinance October 16, 1996 - Page 13 Streets or .public utility facilities.' This definition of wired competitor does not include a Satellite Master Antenna Television system located wholly on private property within a building.' 12.4 Any Franchise provision or other regulation enforced by the City upon Grantee which is not also imposed upon Grantee(s) wired competitors within the Franchise area of the :City, -shall be void as to Grantee, subject to the following requirements: A. The:existence of a wired competitor in the Franchise area of the City shall ..not relieve Grantee of an ' obligation to provide an annual minimum Franchise Fee of two percent of Gross Revenues. If the wired competitor obtains a cable Franchise which requires it to pay. a Franchise Fee or substantially similar fee of an equivalent amount'to the City, the State of Minnesota or any other governmental entity, which is less than five percent of Gross Revenues, the City shall ,reduce Grantee's Franchise Fee to the same level, -but in no event less than two percent of Gross Revenues. If the wired competitor does not obtain a cable Franchise, but it is required to pay a Franchise Fee or 'substantially similar fee to the City, State of Minnesota or any other governmental entity, then Grantee shall pay the same fee, but in no event less than two percent of Gross Revenues. If the wired competitor is not required to pay a Franchise Fee or similar fee to the City or the State of Minnesota, then the two percent minimum Franchise Fee shall apply to Grantee for all homes and customers who are passed by the ,wired competitor's system. If 'it any time a wired competitor with a cable Franchise pays a Franchise Fee of more than two percent; or if a wired competitor without a' Franchise Fee pays a Franchise Fee or similar fee of more than two percent, Grantee shall pay the same Franchise Fee. In no event shall Grantee be required to pay. more _than a five percent Franchise Fee. If the wired competitor discontinues providing multichannel' video services, the Grantee's Franchise Fee shall immediately return to its original level. B. The existence of a wired competitor ' shall not relieve Grantee of an obligation to provide at least one channel for public, educational and governmental access programming. If Ahe 'wired competitor obtains .a cable Franchise 'which requires it to provide less than four public, educational and governmental -Access' Channels, the City shall, upon the effective date of the subsequent Franchise, reduce .Grantee's requirement to the same number of channels, but in no event shall Grantee provide less than one public, educational and governmental access channel. If the wired competitor does not obtain a cable Franchise, but it is required to provide less than four public; educational and governmental Access Channels, or if the wired competitor is not required to provide any public, 598638 Franchise Agreement Ordinance October 16, 1996 - Page 14 educational or governmental Access Channels, .then the City shall reduce the number of Access Channels required of Grantee as follows: (i) If the wired competitor passes less than 25 % of the homes and customers in the cities of Edina,. Eden Prairie; Hopkins, Minnetonka and Richfield, Grantee shall provide at least four public, educational and governmental Access Channels. (ii) , If the wired competitor passes 25 % or more but less than 50 % of the homes And customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, - Grantee shall provide at least three public, educational and governmental Access Channels. (iii). If the wired competitor passes 50% or more of the homes and customers: in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall provide at least one public, educational and governmental Access Channel. If at. any. time,. a wired competitor provides channels for public, 'educational and governmental access which.exceed the channels provided by Grantee, Grantee shall provide the same. number of channels as the wired competitor. - In no event shall Grantee be required to provide more public, educational or governmental Access Channels than it has agreed- to in this Franchise Agreement Ordinance. If the wired competitor - discontinues. providing multichannel video services, .the Grantee's requirement for the provision of public, educational and governmental Access, Channels shall immediately return to its original level. C. If a wired ..competitor, obtains a . cable Franchise which requires it to provide less funding for equipment or facilities for public, educational and governmental access or less facilities and equipment than Grantee, the City shall reduce the Grantee's requirement for funding for public, educational and governmental access and facilities and equipment to the level of the wired' competitor. If the wired competitor does not obtain a ..cable Franchise, including open video; providers in accordance with the Telecommunications Act of 1996- and FCC rules, but it is required to provide less funding for public,. educational and governmental access or less equipment or facilities than Grantee, or if the wired competitor is not required to provide any funding for public, educational or governmental access or equipment or facilities, then the City shall reduce the Grantee's required funding as follows: 588638 Franchise Agreement Ordinance October 16, 1996 - Page 15 (i) If the wired competitor passes less than 25% of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Grantee shall continue to provide the same level of funding for public, educational and governmental access facilities and,equipment as indicated in this Ordinance. (ii) If the wired competitor passes 25 % or more but less than 50 % of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, the City shall reduce the funding and, equipment and facilities requirements of the Grantee by 30%. - If the wired competitor passes 50% or more of the homes and customers in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, the City shall eliminate the funding and, equipment and facilities requirements for public, educational and governmental access funding. It is not the intent of this section to reduce Grantee's funds, equipment and facilities requirements regarding public, educational and governmental access programming to an amount less than the amount provided by its wired competitors. If at any time a wired competitor provides funds, equipment or facilities for public, educational and governmental access that exceed the funds, equipment or facilities provided by Grantee under this 'paragraph, Grantee shall provide the same amount of funds, equipment and facilities. In no event shall Grantee be required to provide more funds, equipment or facilities. than it has agreed to provide in Section 7 of this Franchise Agreement Ordinance. If the wired competitor discontinues providing multichannel video services; the Grantee's requirement for the provision of funding and, equipment and facilities for public, educational and governmental access and, facilities and equipment shall immediately return to its original level. D. For all other Franchise provisions imposed upon Grantee in. this Ordinance, if a wired competitor obtains a cable Franchise which does. not require it to meet the same Franchise provision, the City shall not require Grantee to meet that Franchise provision. If the wired competitor does not obtain a cable Franchise and it is not required to meet the same Franchise provision, then the City shall relieve the Grantee from that Franchise provision as, follows: (i) If the wired competitor passes less than 50% of the homes and customers in the cities. of Edina, Eden Prairie, Hopkins, 588638 Franchise Agreement Ordinance October 16, 1996 - Page 16 Minnetonka and Richfield; Grantee shall continue to comply with the Franchise provision: (ii) If the wired competitor passes 50% or more of the homes and customers, in the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, the City shall not require Grantee to meet the Franchise provision. If at any time a wired competitor provides a requirement contained originally in this cable Franchise, Grantee shall comply with that same requirement. If the wired competitor discontinues providing multichannel video services, the Grantee shall be required to meet the Franchise provision. 12.5 If Grantee is aware of a Franchise provision imposed by the City upon Grantee which is not also imposed by the City or the State of Minnesota upon a wired competitor, it shall identify the wired competitor, including the basis for stating that the entity is a "wined competitor" as defined above; it shall identify the Franchise provision in question; and it 'shall provide •this information to the City: Within 90 days, the City shall: (1) pass a resolution declaring that Grantee is subject to this section for that requirement; (2) declare why the entity in question is not a wired competitor; or (3) state that the "wired competitor is subject to a requirement that substantially duplicates, the Franchise provision. During the above process, the Grantee shall escrow any funds at issue in the above process that the Franchise requires be remitted during the time period of the above process and Grantee shall continue to meet any and`all requirements in question. If the City declares such requirement void as to Grantee, the City is not liable for Grantee's past compliance with the requirement, including any past fees remitted to the City. 12.6 If the City and Grantee are unable to agree` upon the operation of this section of the Ordinance within 90 days after one party provides notice to the other party, the parties may agree to enter mediation. SECTION 13. ACCEPTANCE. 13.1 Other Franchises. A. The System intended for City, may be part of a joint system that serves the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota. B. Grantee will, in good faith, apply for - and accept, if offered to it, a Franchise (similar Franchise) from each of the other cities on all the same 588638 Franchise Agreement Ordinance October 16, 1996 - Page 17 terms and conditions herein provided, except provisions omitted as inapplicable. 13.2 Time of Acceptance: Incorporation of Offering: Exhibits. A. Grantee shall have 30 days from the last date of adoption of a similar Franchise by all of the cities listed in Section 13.1(A) of this Section, to accept this Franchise in form and substance acceptable to City. Such acceptance by Grantee shall be deemed the grant of this Franchise for all .purposes.. B. Upon acceptance of this Franchise, Ordinance No.1 996, -ralso known as the Cable Communications Ordinance, shall be repealed and Grantee shall be bound by all the terms and conditions contained in Ordinance No.1996-4 , also known as the Cable 'Regulatory Ordinance, and herein. With its acceptance, Grantee also 'shall deliver to City an opinion from its legal counsel, acceptable to City, stating that this Franchise has been duly accepted by Grantee, that this Franchise is enforceable against Grantee in accordance with its terms, and which opinion shall otherwise be in form and substance acceptable to City. C. With its acceptance, Grantee also shall deliver to City true and correct copies of documents creating Grantee and evidencing the power and authority referred to in the opinion of Grantee's counsel, certified as of a then current date by public office holders to the extent possible and otherwise by an officer of Grantee. D. At the time of acceptance, Grantee shall provide a copy of its initial services which shall be attached hereto as Exhibit C. E. The effective date of this,Franchise Agreement Ordinance shall be the date executed by Grantee including acceptances as described in this Section 13. 588638 Franchise Agreement Ordinance' October 16. 1996 - Page 18 IN WITNESS WHEREOF, .Grantor and Grantee have executed this Franchise Agreement the date and year first above written. CITY OF , Minnesota By Date: Mayor ATTEST: City Clerk (SEAL) KBL CABLE SYSTEMS OF THE SOUTHWEST, INC., A WHOLLY -OWNED SUBSIDIARY OF TIME WARNER INC. By .. (Corporate Seal) Date: J STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me on 199_, by the of the City of , on behalf of the City. Notary Public 588638 Franchise Agreemcat Ordinance October 16, 1996 - Page 19 STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me on , 199_, by the of KBL Cable Systems of the Southwest, Inc., a wholly -owned subsidiary of Time Warner Inc., on behalf of the company. Notary Public 588638 Franchise Agreement Ordinance October 16, 1996 - Page 20 588639- Franchise Agreement Ordinance October 16, 1996 - Page 21 SEP ;Il 1996 PARAGON CABLE - SOUTHWEST, MINNESOTA REGION DETAIL CALCULATION OF 19XX FRANCHISE FEES ( %) PAYMENT PERCENTAGES BASED ON 19XX REVENUE AND BAD DEBT PERCENTAGES BASED <-- - - - - -- PAYMENT SCHEDULE ---- - - - - -> 19XX REVENUE ON 19XX REVENUE AND TOTAL 19XX ____ ___________ BAD DEBT Quarter Quarter Quarter Quarter PAYMENTS BASIC0 -------------- - - - - -- --- _�____ - -- - _______- _____ -- _ -- ADDITIONAL OUTLETS 0 EDEN PRAIRIE 0.0000% $0 $0 $0 $0 $0 EQUIPMENT RENT 0 PAY TV 0. EDINA 0.0000% .0 0 0 0 0 PAY PER EVENT 0 TRANSACTION FEES 0 HOPKINS 0.0000% 0 0 0 0 0 ADVERTISING 0 SHOPPING SERVICE 0 MINNETONKA . 0.0000% 0 0 0 0 0 OTHER 0 ------------ - - - --- RICHFIELD 0.0000% 0 0 0 0 0 TOTALREVENUE 0 ---------- - - - - -- ------------ - - - - -- --------- - - - - -- • - -- -----------=- - - - - -- ------------- - - - - -- ------------------- TOTAL. 0.0000% $0 $0 $0 $0 $0 LESS: BAD DEBT 0 LESS: LOCAL ACCESS 0 ------------------- CHARGEABLE REVENUE 0 x FRANCHISE FEE % 0% ..--------- ----------- TOTAL 19XX FRANCHISE $0 FEES TO BE PAID IN 19XX 588638 Franchise Agreement Ordinance October 16, 1996 - Page 22 FOR FCC RECORD ONLY $// M0&O, Time Warner. Social Contract, FCC 95-478//$ S/ 79.922 Rates for the basic .service tier and cable programming services tier /S S/ 76.942 Refunds /S S/ 76.950 Complaints regarding cable programming service tiers /$ FCC 95 -478 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter'of) Social Contract for ) Time Warner ) ) MEMORANDUM OPINION AND ORDER Adopted: November 30, 1995 Released: November 30j 1995 By the Commission: Table of Contents Paragraphs: 1. Introduction 1 11. Background 2 A. Overview of the Social Contract •5 III. Discussion A. Waiver 14 B. Preemption of State and Local-Notice Requirements 20 C. Provisions of the Social Contract 24 a. System Upgrades and CPS Price Cap Increases i. Terms of the Social Contra6t25 i i . Comments 28 iii. Discussion 31 b. Equipment and Installation Averaging i. Terms of.the Social Contract37 ii. Comments 38 iii. Discussion 40 C. Resolution of Pending Cases i. Terms of the Social Contract42 ii. Comments 43 iii. Discussion 45 d. Lifetine Basic Tier Rates i. Terms of. the Social Contract52 ii. Comments 54 iii. Discussion 56 e. Migrated Product,Tier i. Terms of the Social Contract59 ii. Comments 62 iii. Discussion 63 f. Services to Schools i. Terms of the Social Contract65 ii. Comments 68 iii. Discussion 71 g. Nome Wiring i. Terms of the Social Contract74 i i . Caaaients 75 iii. Discussion 76 h. System Acquisitions and Divestitures i. Terms of Social Contract 77 ii. Comments 78 ' M. Discussion 79 1. Modification and Termination Provisions i. Terms of the Social Contract8l i i . Comments 83 M. Discussion 84 j. Preemption i. Terms of the Social Contract85 ii. Comments 86 M. Discussion 87 k. Other Issues 88 IV. Conclusion and Ordering Clauses , 92 I. INTRODUCTION 1. Time Warner Cable (Time Warner) and the Federal Communications Commission ( "Commission") have negotiated a Social Contract designed to provide upgrade incentives for Time Warner and to provide rate stability and increased quality of service for its consumers. In addition, the Social Contract resolves over 900 rate cases and provides refunds of approximately S4.7 million plus interest to subscribers. In this Order we approve -the Time Warner Social Contract ( "Social Contract "), which is attached as Appendix A. The proposed Social Contract was placed on Public Notice and comment periods were.established. -The Commission received both initial and reply comments. II. BACKGROUND 2. In the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act "), Congress set as.one of its policy goals to ensure that cable operators continue to expand the capacity, and programs offered over their systems, where economically viable. In Implementation of Sections of the Cable Television Consumer Protection and Competition'Act of 1992: Rate Regulation, MM Docket No. 93-215, Report and Order and Further Notice of Proposed Rulemmoking ( "Cost Order ") establishing interim regulations for cost of service filings, we adopted an upgrade incentive plan on an experimental basis. We noted that the basic outline of this approach would be "to permit an operator to enter into a social contract with its customers under which the operator would be given substantial flexibility in setting rates for new regulated services it introduces, such as new service tiers offering additional program channels. in exchange, customers would be guaranteed that "rates for current services would be kept stable and reasonable, and that this rate would purchase at least the same program channels, or channels of equivalent value to customers. The operator would also commit to otherwise maintaining or improving its service quality. The contract would be . effective for a term of years and would be overseen by this Commission, and reviewed before --the end of the term." We also noted that this plan "protects the rates and quality of current cable service tiers, while providing profit incentives for operators to introduce new and improved regulated services, may help carry out the purposes of the Cable Act while also being fair to customers of current services, less burdensome on cable operators and those responsible for their regulation, and more likely to encourage worthwhile investments to upgrade cable service:" We recently have approved such a social contract with - Continental Cablevision, Inc. (the "Continental Contract "). The Continental Contract was approved.by the Commission in an Order adopted on August 1, 1995. 3. On May 4, 1995, pursuant to special ex parte procedures available in certain cable rate proceedings, Time Warner requested relaxed ex parte treatment to enable it to discuss -broad rate related matters with Commission officials. The Bureau orally approved this request an May 16, 1995. Consistent with these ex parte procedures the Cable Services Bureau ( "Bureau") and Time Warner negotiated the terms of the Social Contract. On August 3, 1995, the Commission approved the release of the draft of the Social Contract for public comment. 4. The Commission has reviewed and considered the comments it received in approving the terms and conditions of the Social Contract and making modifications to it. A. Overview of the Social Contract 5. The Social Contract-is for a term of five years. From 1995 through 2000, Time Warner is required to invest S4 billion to rebuild and upgrade all of its domestic cable systems, including deployment of fiber optic technology, increased channel capacity and improved system reliability and signal quality. At least 60% of ALL capital expended in connection with the upgrade commitment will be applied for the benefit of basic service tier ("BST") and cable programming service tier (11CPST11) subscribers. In addition, at least 60% of the new analog capacity added as a result of the upgrade will be used for traditionally regulated CPSTs, and, on average, traditionally regulated CPSTs on the upgraded systems will have at least 15 additional channels. To fund this investment, Time Warner will be.aLLowed to increase the monthly rate for the most highly penetrated CPST in each system by $1 during each year of the Social Contract. If Time Warner fails to meet the upgrade.coemitment within the time provided for under the.Sociel Contract, subscribers to the,cable systems that have not been upgraded will be entitled.to refunds equal to the CPST rate increases'provided by the Social Contract,.yith interest, plus a liquidated damages penalty of 15% of such amount. The Social Contract contains a provision that allows Time Warner to average broad categories of equipment and installation and associated costs for all of its systems on a' geographic regional basis. 6. The Social Contract will resolve Time Warner's pending CPST cases, including CPST cases against the systems Time Warner recently acquired from Houston Industries, Inc. (KBLCOM) and Newhouse Broadcasting Corporation. Altogether this resolves 946 complaints. To resolve these cases, Time Warner will make cash refunds in the form of bill credits to certain customers totalling approximately $4.7 million plus interest for the period beginning on the date of the applicable complaint and ending with the date of payment. Time Warner cannot implement any rate adjustment for the upgrade of a particular system unless the refund provided for under the Social Contract has been issued to such system or the issuance of the refund begins simultaneously with such rate adjustment. All refunds must be issued within six months of the first rate adjustment implemented with respect to the upgrade for the Time Warner systems. BST cases will not be resolved by the Social Contract. Those cases will continue to be resolved by Time Warner and the Local franchising.authorities pursuant to Commission rules. 7. Time Warner will create a "lifeline basic tier," priced to enhance the affordability of BST. Time Warner will accomplish this in two ways. .First, on systems serving at Least 85% of its total subscribers, Time Warner will reduce the price on its DST by- 10% within six months of the effective date of the Social Contract, with a revenue neutral increase in CPST rates. Local franchising authorities may elect not to have this reduction by notifying. Time Warner and the Commission in writing within 45 days of the effective date of the Social Contract. Second, on the remaining systems where BST rates have not been reduced by 10%, The streamlined lifeline basic tiers will carry only those stations required by law, such as must -carry stations, public, educational and governmental ( "PEG") stations', and Local origination. Any additional channels will be moved from the BST to the CPST with a corresponding revenue neutral decrease in the price of the BST and increase in the CPST price. 8. Time Warner will.offer a free cable connection to all of the public schools . Located in the franchise areas where Time Warner provides cable service and that are passed by its system. Time Warner also will provide a cable connection at cost to all secondary private schools whose.students receive funding under Title I of the Education and Secondary School Act in such franchises that are passed by, its systems. Time Warner will wire Additional classrooms in existing schools at cost. For new public schools and existing public schools undergoing extensive rehabilitation, Time Warner will coordinate with the local = officials and contractors to wire each of the classrooms in new schools free of charge, if Time Warner is notified of construction. BST.and CPST will be provided to each outlet in the connected public and private schools without cost. Time Warner will also provide the connected schools with a monthly educational program guide with curriculum support ideas to assist educators in effectively using the new services. In addition,. Time Warner and Time Inc. are developing an on -.line personal computer service. Once this service has been developed and test - marketed, Time Warner will offer this service to each connected school in areas in which'the service is generally offered, free of charge, during the school year 'and will also provide a free modem to access the service. Time Warner will provide schools with additional modems . at cost and will provide free service to each additional modem purchased. Time Warner also will sponsor workshops and materials so that teachers have the training necessary to appropriately use the services provided. 9. The Social Contract further provides that, in Time Warner systems where neither Time Warner nor its predecessors have created a La carte packages, Time Warner will be permitted to create Migrated Product Tiers ("MPTs "), consisting of .up to,,four services migrated from the regulated tiers. The migrated channels will be priced at the rate regulated price with increases allowed for inflation and external costs in accordance with the Commission's price cap rules. There will be no limitation on the rxamber of new channels that Time Warner may add to the MPTs at the price of up to S.20 per channel plus license fees. After April 1, 1997, Time Warner may convert any MPT into a new product tier ( "NPT "), as defined by Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Nos. 92 -266, 92 -215, Sixth Order On Reconsideration, Fifth Report And Order, and Seventh Notice of Proposed Rule Making, ( "Going Forward ") provided that the tier is offered without a buy-through requirement other than BST. 10. Finally, during the term of the Social Contract, Time Warner will forego its right to use a cost of service justification to support any future rate increases in any franchise area covered by the Social Contract. The Social. Contract requires that no later than 90 days following the end of each calendar year during which the Social Contract is in effect, and within 90 days following the end of the last month following expiration of the Social Contract other than calendar year end, Time Warner will provide the Commission and each local franchising authority having jurisdiction over an area covered by the Social Contract with a progress report outlining the amount of .capital investments made, the number of subscribers affected by those investments, improvements in system reliability and service, and projected expenditure and upgrades for the following year. 11. The Social Contract may not be modified or terminated without the mutual agreement of both parties to the Social Contract. Time Warner may petition the Commission to modify or terminate the Social Contract'based on any relevant change in applicable laws, .= regulations or circumstances. In addition, in the event of any changes to the provisions of the 1992 Cable Act or any material changes to the Commission's rules thereunder relating to rates (BST, CPST or equipment) that are favorable to Time Warner, any Time Warner system may elect to be relieved from the relevant rate provisions in the Social Contract, but shall remain bound by all other provisions of the Social Contract. U. We believe that the Social Contract is consistent with the goals for upgrade incentive plans which were outlined in the Cost Order. The Social Contract benefits subscribers by assuring reasonable and stable rates in all Time Warner systems, improving service offerings and picture quality with state of the art technology, increasing consumer choice by lifeline basic tier pricing and elimination of buy- through requirements, and providing refunds to customers. The Social Contract further benefits subscribers through Time Warner's agreement not to restrict subscribers' ability to remove, replace, or rearrange wiring so long as it does not interfere with.TWC's ability to provide services and collect revenues from that subscriber or other subscribers in a multiple dwelling. Local franchising authorities benefit from the opportunity to assist elderly, low income, and basic only subscribers with the lifeline basic pricing.. In addition, the Social Contract will reduce the administrative burden and cost of regulation for Time Warner, local governments,. and the Commission. The Social Contract also provides a significant public benefit to alt public schools and certain private secondary schools that are located within Time Warner franchise areas and passed by its systems. 13. The Social Contract will permit a rate structure that will allow Time Warner to focus on its long -term strategic planning and growth, having resolved its outstanding rate complaints. Local franchising authorities will retain their right to regulate rates for basic service, their right to negotiate upgrades and other benefits for their individual franchises, and their ability to coinaent and participate on any changes in this Social. Contract that would affect their localities. The Social Contract ensures that the rights of local franchise authorities and subscribers to seek redress at the Commission will be preserved. III. DISCUSSION A. Waiver 14. Upgrade Incentive Plans represent an alternative to the Commission's usual procedures for resolving rate complaints against cable operators. Indeed, the Commission recognised in the Cost Order the experimental nature of this type of social contract. There are several aspects of the Social Contract that do not conform precisely to. the Commission's rate regulation rules or to the stated experimental Upgrade Incentive Plan outlined in the Cost Order. We believe that the Social Contract furthers the Commission's policy goals of ensuring that cable operators expand the capacity and programs offered over their systems where economically viable, and reducing regulatory burdens while still ensuring that cable rates are reasonable. As a result, we conclude that special circumstances warrant a deviation from our generally applicable rules and that waiver of certain of the Commission's rules Win the public interest. 15. In particular, Time Warner seeks a waiver of "U 76.923 to allow equipment cost averaging. This section of the rules sets forth the methodology 'for determining the rates for equipment and installation used to receive BST service. The intended purpose of the section is to ensure that equipment is charged at cost and that .all'BST subscribers pay for the equipment. Waiver of this provision to enable Time Warner to average equipment costs on a regional basis is consistent with the purpose of "U76.923 because equipment will continue.to be charged at cost; this cost will be spread across all subscribers in a region, rather 'than a franchise area. 16. Time Warner also seeks a waiver of ^U 76. %1(e), which 'requires local franchising authorities to reimburse Time Warner for CPST franchise fees that were based on CPST - charges that are being refunded to subscribers.' Time Warner has agreed to waive its right to reimbursement by the franchising authorities; thus, this waiver provides a benefit to the local franchising authority and subscribers, and we see no reason to deny it. Time Warner also seeks a waiver of ^U ^U 76.309(c)(i)(8) and 76.964 on a one -time basis to allow Time Warner to add service and change line -ups on' Less than 30 days' notice. 17. Time Warner seeks a one -time waiver of ^U 76.933 to•allow it to implement rate and service restructuring and annual rate adjustments to the BST and the CPST on 30 days' notice, or less, subject to refunds and subject to the further condition that, if a local franchising authority exercises the opt-out provision after Time Warner commences implementation of the January, 1, 1,996 rate and service restructuring and adjustment, Time Warner will restore the 10% reduction in the BST rate in the next billing cycle (i.e. the difference between, the - new -rate -and the'rate charged,-under the Social - Contract, -if a subscriber- cancels service during the first month of - implementation of the Social Contract). These provisions set forth customer service standards to ensure, among other things, that customers have adequate notice of changes in their service and time to cancel services. The Social Contract further provides that if any subscriber cancels its subscription to the relevant CPST within 30 days after the date of the first bill reflecting the CPST adjustment authorized by the Social Contract, Time Warner will issue a refund to that subscriber for the incremental amount "attributable to such increase. 18. We understand the need for a waiver of these provisions if Time Warner is to implement the necessary changes by January 1, 1996. These waivers are on a one-time basis only. Subscribers will be protected if . the local franchising authority opts out of the creation of a lifeline basic tier, or if subscribers choose not to receive the restructured service. We conclude that a waiver of these provisions is not inconsistent with the purposes of the provisions. 19. In addition, Time Warner seeks waivers of various Commission rules that it states are necessary to effectuate the terms of the-Social Contract. At.the core of the Social Contract is the upgrade incentive plan whereby Time Warner will rebuild and upgrade all of its domestic cable systems and in turn will be allowed to recover the costs of the upgrade over time by adding a charge to the highest penetrated CPST during the years of the Social Contract. Consequently, Time Warner seeks a waiver of ^U ^U 76.922 and 76.933 to allow Time Warner to recover the CPST rate increase for the upgrade in lieu of the methodology provided under our Going Forward rules. Time Warner also seeks to waive: 1) ^U 76. 960, requiring that prior approval be sought for rate increases for one year after CPST, rate reduction under ^U 76. 933; 2) ^U ^U .76.922(b), 76.930, and 76.956, to allow Time Warner to. use a one -time restructuring form in situations where systems become newly regulated; and 3) ^U 76.922 to allow revenue neutral, pro-rata adjustments rather than adjustments to the maximum permitted rate less previous external costs ( "residual rate") where the lifeline tier and /or an MPT are created in accordance with the Social Contract terms. We believe that the Social Contract provides significant overall benefits and that the waiver of these provisions is not inconsistent with the purposes of the provisions and such waiverris in the public interest. Accordingly, we hereby find good cause to waive these provisions of the Commission's rules necessary to effectuate the terms of the Social Contract. B. Preemption of State and Local Notice Requirements 20. Time Warner asked the Commission to preempt, on a one -time basis, those local franchise rules that require advance notice of rates and. service charges to subscribers in connection with its initial implementation of the Social Contract. Time Warner asserts that it will otherwise be unable to comply with the January 1, 1996 rate restructuring date contained in the Social Contract and to fulfill 60 or 90 day local notice requirements. 21. We believe that preemption is appropriate in this case as the state and local notice requirements way hinder Time Warner's ability to implement rate adjustments uniformly pursuant to the terms of the Social Contract by January 1, 1996. Preemption generally is held to be appropriate in cases such as this one where the local law conflicts with agency regulation or frustrates the purposes of the regulation. Indeed, many of the goals regarding upgrade incentive plans outlined in the Cost Order, and met in this Social Contract, could not be achieved if implementation of rate restructuring does not occur by January 1, 1996. For example, many of the programming cost increases occur on January 1 of each year. As such, Time Warner would seek to adjust its rates to account for these.increased costs as provided for under our rules. In order to achieve the Social.Contract's goal of having a one time rate.., adjustment, and thus provide rate stability to subscribers, it A s essential that Time Warner implement the upgrade surcharge provided for under the Social Contract by January 1, 1996. 22. We further believe that prompt implementation of the Social Contract best serves the public interest. Thus, to allow Time Warner to implement the rate restructuring and MPT provisions of the Social Contract, any local franchise agreement or any state -or local law or: regulation is preempted on a one -time basis to the extent that it; requires Time Warner to give greater than 30 days advance notice of rate and service changes to subscribers. Such preemption shall be limited to the period prior,to February 1, 1996. if Time Warner is. unable to commence implementation of such refunds and rate adjustments by January 1, 1996, but commences such implementation between the period January 1, 1996 and February 1, 1996, it shall provide at least -30 days' notice to local franchising authorities and subscribers. 23. The Social Contract, further provides that if any subscriber cancels its subscription . to the relevant CPST within 30 days after the date of the first bill reflecting the CPST adjustment. authorized by the Social Contract, Time Warner will issue a refund to that subscriber for the incremental amount attributable to such increase. Accordingly, the preemption of state and local notice requirements and the waiver of Commission notice comments will not injure subscribers C. Provisions of the Social Contract 24. The Commission received numerous comments on several terms• of the proposed Social Contract. This section addresses the concerns of the commenters and sets forth modifications to the proposed Social Contract. a. System Upgrades and CPS Price Cap Increases 0) Terms of the Social Contract 25. The Social Contract provides for an investment of $4 billion over a five year period to upgrade all of Time Warner's systems. As part of this investment, each Time Warner system will have a minimum bandwidth capacity of 550 MHz and at Least 50% of Time Warner's subscribers will have access to a minimum bandwidth capacity of 750 MHz. In the 750 MHz systems, at least 200 MHz is expected to be used for digi tat, distribution. All Time Warner systems will be deployed to include fiber to the node architecture, which will .improve signal quality and reliability for all subscribers. Time Warner's ability to correct outages in a more timely manner will also be improved through the use of telemetry to locate problems within the system. 26. To fund this investment, Time Warner will be permitted to increase the monthly rate for the most highly penetrated CPST in each of its systems by $1.00 during each year. of the Social Contract. .Further, this increase will serve,as the only increase on the CPST with the exception of revenue- neutral adjustments provided elsewhere in the Social Contract and adjustments for inflation and external costs permitted under the Commission rules. For the term of this contract, Tine Warner waives its.right to A ncrease -•its CPST rates pursuant to the Commissions Going Forward rules. Moreover,, Time Warner will add 60% of all new analog services to the CPST offered without any further increase in rates beyond the $1.00.per year permitted by the Social Contract. This will equal an average -of 15 new channels to the = CPSTs on Time Warner systems. Additionally, 60% of the capital cost of the upgrade will be used for regulated purposes. Time Warner waives its right to file a, cost of service showing to justify any rate increases during the term of the Social Contract. 27. The Social Contract mandates that Time Warner's investment in the upgrade of its systems will be conducted - without discrimination based on the socio - economic status of Time Warner's subscribers. if Time Warner "fails to upgrade all of its systems as prescribed in the. Social Contract, Time Warner will provide refunds (in r the form of bill credits) to all subscribers not receiving the upgraded service. The refunds will equal the amount of the total surcharge levied on each subscriber, plus interest and a 15% liquidated damages penalty on the refund amount.. (ii) Comments 28. Most commenters. express support for the system- upgrades, maintaining that subscribers will benefit from more advanced technology, access to the information superhighway, and improved picture quality. For example, Kern County, California states that Time Warner will bring information superhighway services to a "vast number of its residents ", a substantial number of whom "are underserved and live in rural areas." Many commenters support Time Warner's plan to phase in rate adjustments over a five year period because it spreads the costs over a period of time and provides for rate certainty. 29. Many commenters did not oppose the concept of the system upgrade but nevertheless raised various objections to provisions in the Social Contract. Some commenters claim that the upgrade would be required in any event either because of the efforts of local franchising authorities or competitive requirements. Other commenters claim either that too much or too little of the upgrade is to be dedicated to digital services and that those jurisdictions which had already required upgrades will be disadvantaged vis -a -vis those jurisdictions that previously did not require upgrades. Some commenters oppose any CPST rate increase that exceeds the limits of the Commission's Going Forward rules.- First; these commenters claim that the rate increase: 1) should be limited to the amount of the Going Forward increase which Time Warner could have received during the same period, 2) should not cover the cost of new services which customers have not requested, 3) should not be required for an upgrade which is a settlement concession, or 4) should not include external costs). Second, these commenters claim that the Commission's cost- of-service rulings require that the rate increase not be implemented before the upgrade is in service. Finally, some of these commenters state that the rate increase will require users of regulated cable services to subsidize other Time Warner services. Ameritech New Media Enterprises, Inc., Bell Atlantic Telephone Companies and Cincinnati Bell Telephone Company contend that Time Warner will use the revenues from the rate increases to enter the local telephone market. In particular, these companies propose that Time Warner: 1) account for the costs of the upgrade so that those costs can be properly allocated; 2) file an application for a certificate of public convenience and necessity under Section 214.of the Communications Act; and 3) be required to adhere to the rules applicable to telephone companies on cost accounting, cost allocation, depreciation, transactions with affiliates, and joint marketing of services. The City of Gardena raises a question as to whether system upgrades required by franchising authorities could be passed through to subscribers along with the upgrades required by the Social Contract. Finally, some commenters raise questions as to the implementation of the rate increase, and some have misconceptions about the meaning of language in the Social Contract. For example, one community inquired as to how the rate increase will relate to the increase in the CPST to offset the BST rate reduction. 30. In its reply comments, Time Warner contends that the Social Contract requires all communities it serves to have upgrade benefits. Time Warner further maintains that, even where Time Warner already is committed to making upgrades, the Social Contract provides a firm completion deadline and a federally-enforceable upgrade commitment with meaningful penalties. Time Warner denies that its rate increase includes the 'cost of any equipment needed to provide telephone service, such as telephone switches, and further contends that the Commission has carefully reviewed Time Warner's costs to preclude cross-subsidies. Time Warner states that it believes that it has accomplished the goal of undertaking only those upgrades that are econanically'justified and best meet customer needs in the most efficient manner possible. According to Time Warner, the purpose of the upgrade is to improve reliability and picture quality, and to allow increased system addressability and interactive capability. Time Warner also argues that phasing in the cost of the upgrade, as provided . under the Social Contract, provides predictable, though modest, rate increases, avoiding rate shock. Time Warner states that subscribers will benefit because-spreading the cost over five years is preferable to paying one large sum once the upgrade is completed. To the extent that commenters argue that the rate increases will exceed the amount allowed by the Going Forward rules, Time Warner argues that those rules provide an incentive to add programming services, not an incentive to add capital for the upgrade of channel capacity. Time Warner also notes that it has agreed to waive any right it may have to take any future increases under the Going Forward rules as of the effective date of the Social Contract. Finally, Time Warner maintains that it has no intention of passing through the cost of any Local franchising upgrade requirement that does not exceed the requirements in the Social Contract. (iii) Discussion 31. The majority of the commenters have expressed support for the provision of the Social Contract that requires Time Warner to invest f4 billion to rebuild and upgrade Time Warner's cable systems. The commenters support the deployment of advanced technology and improved picture quality. They also support Time Warner's plan to phase in the payments over a five year period to avoid rate shock. 32. We find that the upgrade provision of the Social Contract represents a valuable benefit to subscribers in terms of advanced technology, improved reliability and picture quality, and increased programm ing'choices. Further, we conclude that phasing in the cost of the upgrade, in contrast to a.one -time increase when the upgrade is'completed, is preferable because it provides predictable rate increases, avoiding rate shock. 33. While Time Warner may have chosen voluntarily to upgrade or have been required by local franchising authorities to upgrade some sections of its system, the Social Contract binds Time Warner Cable to continue to make significant upgrades throughout its systems. .Those local franchising authorities that have.negotiated upgrade benefits will not be disadvantaged. The Social Contract makes clear that local franchising authorities can enforce local franchise agreements or negotiate future agreements which provide for upgrade benefits exceeding the upgrade benefits of the Social Contract. Section III. J. 2. a. states that "lnlothing herein shall affect the enforceability of any otherwise valid preexisting local franchise agreement, ordinance, local law or regulation which provides benefits which exceed those provided in this Contract relating to system upgrades or the wiring of schools, nor shall Local franchising authorities be restricted in their authority to negotiate for such additional benefits after the Effective Date of this Contract." Further, Time Warner has agreed to modify the Social Contract to make clear that, except in those situations where a local franchising authority places upgrade requirements on Time Warner that exceed the requirements of the Social Contract, Time Warner will not seek to pass through any capital costs (other than the surcharge provided under the Social Contract).to the subscribers. 34. The upgrade provision emmbodies a balance between a guarantee of an average of 15 new analog channels to.benefit CPST subscribers and the initiation of digital distribution technology, which will expand the capacity of Time Warner to add programming and improve picture quality. As noted in the Social Contract, Time Warner agrees that at least 60% of all capital expended in connection with the upgrade commitment described in the Social Contract will be applied for the benefit of BST and CPST subscribers. The Commission does not believe that it is in the public interest for it to determine how much digital and analog capacity Time Warner should use for particular programs and markets, since such a requirement might limit the economic feasibility of the upgrade. However, we point out that Time Warner may use digital capacity for the benefit of regulated services. 35. We are mindful of the concerns expressed by some commenters that the rate increases may be used to pay for Time Warner's plans to provide competitive services. We have examined Time Warner's cost data and believe that the costs of the upgrade are reasonable and necessary and that Time Warner has fairly allocated the costs of the upgrade between its current regulated and non - regulated operations. Further, Time Warner has agreed to a modification to the Social Contract which provides that the amount of the capital costs of the upgrade that will be recovered in the rate increases on regulated services will be applied for the benefit of regulated BST and CPST subscribers during the period of the Social Contract. The Commission also has the authority under the Social Contract to audit Time Warner's books and records and to interview Time Warner corporate employees to ensure complience.with this amendment. Indeed, if it is. determined that Time Warner has not complied with the obligations under the Social Contract, we may exercise any of the rights and remedies which are attendant to violations of a Commission order. Under these circumstances, we find it unnecessary to adopt the suggestion of several telephone companies that Time Warner be required to comply with the rules applicable to telephone companies. 36. The contention that the upgrade increases will exceed the amount permitted under the Going Forward Order is misplaced. The Going Forward Order was intended to be an incentive for operators to add a small number of cable channels to existing systems. The increases under the Social Contract, on the other hand, are intended to enable Time Warner to undertake a major system upgrade, which will modernize facilities to provide improved quality and efficiency and to add new tiers of services and new types of services. Consequently, the rate increases are not primarily being paid for new services, but for improved quality of services as a result of modernization. The Social Contract does not change the requirements. of the Commission's rules governing the pass- through of external costs and inflation. Finally, the Social Contract provides that the upgrade rate increase is to be assessed annually on all CPST subscribers, in addition to any amount necessary to offset the 10% BST rate reduction. b. Equipment and Installation Averaging (i) Terms of the Social Contract 37. Under the Social Contract, Time Warner will be permitted to establish a blended average regional rate for the equipment basket categories of hourly service charge, installations, remote control devices, addressable converters, non addressable converters, other leased equipment, and customer tier changes. The geographic regions used for averaging are shown on Appendix 6 of the Social Contract and essentially correspond with the Areas of Dominant Influence ( "ADis ") served by Time Warner. Regional averaging will be accomplished by the filing of a Form 1205 Equipment Form or its equivalent with the Commission on an annual basis beginning no sooner than December 1, 1995. 'Time Warner may begin charging revised equipment rates upon 30 days! notice to the Commission subject to a refund pursuant to Commission rules. The local franchising authorities will be responsible for reviewing the rates charged to ensure consistency with the rates approved by the Commission. If Time Warner charges rates in excess of those permitted by the Commission, the local franchising authority may order a refund. ( i i ) Comments 38. Commenters who support the equipment and installation averaging contend that it' will streamline the process for review of these rates. On the other hand, some local franchising authorities claim that both'Commission regulation of equipment rates and averaging of equipment rates violate the 1992 Cable Act. Other local franchising authorities raise specific questions about blending,'.including whether blended rates will track costs, whether there will be different rates for different types of equipment, whether addressable converters will be subsidizing ran- addressable converters, whether the geographic regions are appropriate for blending, the effect blending will have on the level of rates, and how the Commission and the local franchising authorities will work together under the blending proposal. - 39. In its reply comments, Time Warner notes that, in the Continental Contract Order, we granted a waiver to permit Continental to aggregate equipment and installation costs on a state or regional basis. Time Warner notes that we granted this waiver because it was our belief that equipment averaging will serve the objectives of the Upgrade Incentive Plan and will minimize drastic increases in rates for subscribers as upgrades take place. Time Warner contends that because the Social Contract has a similar equipment averaging provision, the rationale in the Continental Contract Order applies here. Time Warner states that it would be willing to establish separate charges for addressable and non- addressable' converters, due to specific concerns raised regarding converters.. Time Warner further explains that, in those situations where any local franchising authority is still reviewing'. a Form 1205, the process will continue under local franchising authority jurisdiction. According to Time Warner, after the effective date of the Social Contract, the Commission will review future equipment rates, but the local franchising authority may order rollbacks and refunds of any rate in excess of.that approved by the Commission, subject to the normal Commission appeal process. (iii) Discussion 40. We believe that a waiver of our rules to allow Time Warner to average broad categories of equipment and various installation costs for all of its systems on a regional basis is in the public interest. As in the case of the Continental Contract, we conclude that equipment averaging will minimize drastic increases in rates for subscribers as upgrades take place and will reduce the•administrative burdens on Time Warner to prepare rates on a franchise by franchise basis. While the rates for particular franchise areas may change, the overall impact will be revenue neutral. We conclude that the geographical regions established in the Social Contract_ are appropriate because they reflect Time Warner's regional cost centers and therefore would simplify cost tracking. We do note, however, a concern raised by commenters that addressable converters will be subsidizing non- addressable converters. To address this concern, Time Warner has agreed to a modification to the Social Contract which provides that the prices of addressable and ran- addressable converters will be separately established. 41. We conclude that this provision of the Social Contract does not violate any provision of the 1992 Cable-Act. As we recognized in the Continental Contract Order, the 1992 Cable Act does not mandate the level at which equipment and installation rates are established, i.e. the franchise, system, regional or company level. Rather, Congress specified that the rates ant be based on actual cost. This provision in the Social-Contract is consistent with the 1992 Cable Act's directive that the Commission establish standards by = .. which local franchising authorities establish rates for installation and equipment used to receive basic service. We will review new regional rates submitted by Time Warner for compliance with the requirement that they be true regional averages of the local equipment and installation costs: Notice of our decisions.will be provided to local franchising authorities. Through refunds or rate roll - backs, the local franchising authorities will continue to enforce the requirement that Time Warner charge equipment and installation rates which comply with our standards. c. Resolution of Pending Cases (i) Terms of the Social Contract 42. Under the Social Contract, Time Warner will settle its existing benchmark CPST cases. Time Warner is required to provide refunds of approximately 54.7 million to customers in the franchise areas shown in Appendix A of the Social Contract. Refunds mitt continue to accrue interest until the date that•the refunds are actually paid. Time Warner is also precluded from making any rate adjustment allowed under the Social Contract prior to the time such refunds are made to affected subscribers. The refunds were determined based upon the Commission's review of Time Warner's rate justifications for the CPST where a complaint had been filed. Pending cases justifying rates'for the BST will continue to be resolved with the local franchising authorities. (i i ) Comments 43. Numerous commenters expressed support for the resolution of the pending Time Warner rate cases in the Social Contract as a way to avoid litigation'expenses and to conserve resources. However, a nxmoIer of local franchising authorities raised concerns regarding the settlement of the rate cases in this Social Contract. Among the concerns, some local franchising authorities contended that complainants have the statutory right:to have their complaints adjudicated individually on the record, that the Commission violated its own ex parte rules, and that the Commission's proposed procedures for social contracts were not followed. Others argued that the local franchising authorities should receive.refunds and punitive damages, and that the refunds should be paid earlier than provided for under the Social Contract. Further, the City of St. Petersburg expressed concern that there was no finding of wrongdoing and that the refund amounts can be recovered by Time Warner's price - cap and other increases allowed under the Social Contract. Some local franchising authorities contend that the finding that the Time Warner rates,are reasonable will result in rate increases in the BST rates. 44. In its reply comments, Time Warner states that the Commission has stated a general policy ".to make every effort possible to resolve appropriate disputes through mediation, arbitration, settlement negotiation, negotiated Rule Making and other means' of dispute resolution." Citing the Rate Order, Time Warner further contends that the Commission has advocated the use of alternative dispute resolution techniques to decide cable rate cases. Time Warner further contends that each complaint has in fact been reviewed on an individual basis, and that the resolution of the complaints in this Social Contract will result in immediate bill credits to subscribers in contrast to the delay that will result if each case is individually litigated. In reply to the City of St. Petersburg, Time Warner states that findings of no wrongdoing are necessary to give operators the incentive to enter into social contracts, and that here there is no evidence of wrongdoing. Time Warner further states that the ability of Time Warner to recover its future costs under the price cap provision is. irrelevant to refunds for past overcharges. Finally, in response to comments that the Commission's ex parte rules and other social contract procedures were not followed, Time Warner first notes that the commenters fail to specify which particular provisions of the Commission's ex. parte rules have been violated. In any event, Time Warner states that it has followed the same procedure as the Commission approved "with respect to the Continental Contract, i.e., it has made an initial proposal to the Commission, including an outline of its objectives. Time Warner notes that in the Continental Contract order, the Commission waived its requirement that a company's initial proposal for an upgrade incentive plan' include statements from affected local franchising authorities because there are "significant number of franchises with diverse interests and concerns ". Time Warner argues that given the number of commenters and affected franchising authorities in this case, waiver.of this requirement is even more applicable here. Time Warner further notes that the social contract negotiation procedures followed here were announced in the Commission's Cable Ex Parte Order and that consistent with that Order, (and similar to the case with the Continental Contract), all interested parties have had an opportunity to comment on the Social "Contract. (iii) Discussion 45. We conclude that proper procedures were followed with respect to_the Social Contract. As an initial matter, we address the comments regarding the resolution of the rate,' _ complaints as part of the Social Contract. We note that the 1992 Cable Act provides the Commission with broad discretion to resolve cable rate complaints. The 1992 Cable Act directs the Commission to create "fair and expeditious procedures for the receipt, consideration, and resolution of complaints." Under the 1992 Cable Act, the Commission also is charged with establishing "the procedures to be used to reduce rates for cable programing services.that are determined by the Commission to be unreasonable and to refund such portion of the rates or charges that were paid by subscribers after the filing of such complaint and that are determined to be unreasonable. Pursuant to these statutory provisions, the Commission adopted rules providing for the use of social contracts as one method of setting cable rates. We believe that the broad language of Congress' mandate allows the Commission to choose the procedures used to resolve complaints. We further believe that Congress' desire to simplify cable rate regulation supports the adoption of the most expeditious means of resolving complaints that will afford adequate protection for the subscribers. Contrary to the claims of some commenters, there is no statutory requirement that each rate complaint be individually adjudicated. Rather, the Commission is required to establish procedures to resolve rate complaints and to provide refunds of excessive charges. A social contract is one such procedure. 46. We find that the rates provided for in the Social Contract are reasonable. Although past rates are not found to be unreasonable, the Social Contract provides for refunds of amounts paid in excess of rates we find in this Order to be reasonable. Those rates were . arrived at after making certain adjustments claimed by Time Warner and after factoring in the public interest benefit to consumers of prompt, certain relief. Moreover, although we do not rule on the merits of each of Time Warner's claims, we believe that it is fully consistent with the 1992 Cable Act to consider the benefits of avoiding the delays and uncertainty of Litigation in setting rates within the range of reasonableness. Further, we believe that it is fully consistent with the 1992 Cable Act, as well as the social contract rules, to consider - upgrades and other improvements in service as part'of a determination of what constitutes a reasonable rate. Finally, we do not believe that deviation from our usual practice of requiring' refunds to subscribers and instead requiring refunds and punitive damages to local franchising authorities is warranted. Our rules provide for refunds to subscribers and do not provide for punitive damages in any case. Further, we do not believe that six months is an unreasonable period for Time Warner to make refunds, in view of the implementation and billing problems involved in a nationwide settlement. Thus, we conclude that the Commission has the authority to resolve rate complaints in the manner embodied in the Social Contract. 47. In the Cable Ex Parte Order, we noted that "[v)arious cable,television system operators have made presentations to the Commission on issues relating to the Commission's cable television rate regulations. These communications have generally been in the nature and context of broad policy discussions regarding the rules as well as the future, application of. the rules to the operators, but frequently also have focused on the specific economic situation and future prospects of a particular company." We held that relaxed ex parte' rules are applicable to such discussions "that are general in nature although they potentially implicate, specific pending rate proceedings." These are"the very type of discussions that occurred here. A party wishing to take advantage of the modified ex parte procedures must: 1) submit to the Cable Services Bureau a written request to meet and, if applicable, a request for relaxed ex parte treatment; 2) receive Bureau approval to meet:and, approval of the relaxed treatment; and 3) in the event of the development of a specific company -wide proposal or proposed resolution, serve all parties to each affected pending rate complaint and /or appeal proceeding with the final version of the proposal or proposed resolution. The Cable Ex Parte Order states that "the Commission will take no action based on any such proposal or proposed resolution without it having first been served on all parties to each affected pending rate compliant and appeal proceeding and without providing not less than thirty days for comment." 48. We conclude that these requirements were complied with here. On May 4,.1995 Time Warner made the necessary written request for application of relaxed ex parte rules in order to engage in general discussions. This request was subsequently granted by the Cable . Services Bureau. All complainants and affected local franchising authorities were served with a copy of the proposed Social Contract and given 40 days to comment. These comments have been reviewed and considered by the Commission and, 'in many.. instances, have resulted in changes to the Social Contract. The Commission's ex parte procedures set forth in the Cable Ex Parte Order have been fully complied with as to the Social Contract. 49. We further address those comments that the Social Contract procedures set forth in the Cost Order were not followed. In the Cost Order, the Commission stated that it would consider upgrade proposals and directed any interested cable operator to "submit a proposal . . accompanied by a written statement by any certified franchising authority with jurisdiction over cable systems affected by the plan of its views concerning the proposed agreement." to the Continental Contract Order, we noted that "given that the initial proposal and subsequent negotiations affected a significant number of franchises with diverse, interests and concerns, it is more efficient and has proven more practical for the Commission to negotiate the proposed Social Contract with Continental." In the Continental proceeding, we waived, on.our own. . motion and for good cause shown, the requirement that at the time a proposal' is made a statement be filed by the local franchising authority. However, consistent with the requirement in the Cable Ex Parte Order, this waiver was conditioned on local franchising authorities and complainants being given the opportunity to express their views after the Public Notice was issued. We note here that there are significantly,mmore local franchising authorities affected by the Social Contract than were affected by the Continental Contract and. that these local franchising authorities likewise have diverse interests and concerns. We conclude that the rationale stated'in the Continental Contract Order for waiving the requirement that statements from affected local franchising authorities be included in the proposal is applicable in this case. As noted above, the comment period and extensions have provided significant opportunity for local franchising authorities to express their views as to the Social Contract. We believe it is appropriate to waive, on our own motion and for good cause shown, the requirement in the Cost order that a company's initial proposal for an upgrade incentive plan include statements from affected local franchising authorities. 50. The City of 'St. Peterburg's concern that there is no finding of wrongdoing is misplaced. One of the goals of the Social Contract is to resolve disputed issues without requiring the Commission to spend significant time and resources to make a finding of any wrongdoing as to these issues. We also note that the statement in the Social Contract finding that the CPST rates, other than those resolved in Appendix A to the Social Contract, are reasonable has,no bearing on determinations by local franchising authorities as to the reasonableness 'of BST rates. Local franchising authorities may continue to make their own determination as to the reasonableness' of BST rates without being bound by rates derived as a result of negotiations of the,Social Contract. 51. Finally, under Sections 76.942(f) and 76.961(e) of the Commission's rules, local franchising authorities are required to,return to cable operators an amount equal to that portion of the franchise fee that was paid based on the total amount of refunds, 'when refunds are ordered by the local franchising authority or the Commission.. We wish to clarify that local franchising authorities for Time Warner's systems are not required to return any portion of franchise fees collected from Time Warner pursuant to the terms of the Social Contract. The Commission has not made a determination that Time Warner has imposed unreasonable rates on subscribers in the Social Contract. d. Lifeline Basic Tier Rates (i) Terms of the•Social Contract 52. The Social Contract provides that Time Warner will create a "lifeline basic tier" priced to enhance the affordability of basic service. Time Warner will accomplish this in two ways. First, on systems• serving at least 85% of its total subscribers, Time Warner will reduce the price of its BST by 10%, with a corresponding revenue neutral increase in CPST rates. In systems where Time Warner proposes to apply the 10% BST reduction, local franchising authorities may elect not to have this lifeline reduction by notifying Time Warner and the Commission in writing within 45 days of the effective date of the Social Contract.. Second, on the remaining systems, Time Warner will restructure the BST to create a lifeline type service consisting only "of stations required by law to be carried on the BST. All other existing BST channels will be moved from the BST to a CPST with a corresponding revenue neutral decrease in the price of the BST and an increase in the CPST price. 53. .Time Warner will not add any additional satellite channels.to the BST for the term of this contract, except as required by-law or regulation. Furthermore, in the event that the Commission's must-carry rules are rendered invalid, Time Warner may discontinue carriage of local broadcast stations but all local broadcast stations that it continues to carry must be carried on the BST. To the extent that Time Warner discontinues the carriage of any broadcast station, Time..Warner may substitute any programming service in place of the discontinued station to maintain the size of the BST. This substitution is limited to an average of three services per-system over all Time Warner systems and five services for any individual Time Warner system. The Social Contract provides that these substitutions only will affect BST rates and only to the extent there are changes in external programming charges, to Time Warner. (ii) Comments 54: Most commenters support the creation of a lifeline BST because low cable rates are essential to various groups including, the elderly and low - income persons. of those commenters, who expressed opposition, the concerns are: 1) a large,nurber of CPST users will be supporting a low rate for a few BST -only subscribers; 2) BST is not important where the reception of broadcast television is clear; 3) local franchising authorities might prefer other benefits to the creation of a lifeline BST; and 4) the restructuring of the BSTs will enable Time Warner to remove important channels from BST and increase prices for services = _ that previously were regulated. Commenters. also raise various questions with respect to the creation of a lifeline basic tier. They question whether the Social Contract permits Time Warner to exclude 15% of its systems from the reduction in BST (in light of the Social Contract provision that at least 85% of Time Warner's systems will be changed to a lifeline basic). They ask whether the restrictions contained in the Social Contract precluding increases in BST rates and the number of BST channels should be changed (either 'because. of the desire of a local franchising authority to make more extensive BST services available or the desirability of promoting low power television). They also raise concerns as to: 1) whether the reduction in BST channels will reduce franchise fees; 2) what effect a local franchising authority's decision to opt, out of the lifeline.BST provision will have; 3) whether the Commission will review the CPST.raie increase that is made to offset the BST price decrease; 4) why the discount is 10% instead of 15% as it was in the Continental Contract Order; and 5) whether the-Social Contract should contain a date for completion of the restructuring.of the BST: 55. In its reply comments, Time Warner contends that a low- priced BST was one of the goals of the 1992 Cable Act an in connection with the Continental Contract, the Commission approved that goal and its implementation with minimal cross - subsidization (between CPST and BST) in the creation of a lifeline basic tier. In addition,.Time Warner contends that any local franchising authority that does not agree with the creation of a lifeline BST may opt -out. of this provision of the Social Contract. Time Warner also contends that . its right to determine the channels that it will include on the BST, other than must -carry stations, PEG access stations, and television broadcast stations except for superstations has been upheld by the Commission and the Court of Appeals for the District of Columbia Circuit. Time Warner states that a local franchising authority's decision to opt- out`will alleviate the need. to offset a BST rate - reduction with a CPST rate increase, but otherwise will not affect the terms of the Social Contract. Finally, Time Warner explains that services retiered from the BST will not be unregulated, except for those services that are placed on an MPT in systems which are eligible for a new MPT under the Social Contract, and that all communities which do not opt out will receive the 10% rate reduction during the term of the Social Contract. (iii) Discussion 56. In the Continental Contract Order, we approved the creation of a lifeline BST noting that there were strong social benefits to the creation of a lifeline BST that furthered the goals of the 1992 Cable Act. In particular, we noted that the creation of a lifeline BST increases the option of consumers end increases competition for services on the upper .tiers. We also noted our.belief that any increase in rates for subscribers that receive both the BST and the CPST will be de minimis. We find that the same circumstances exist here and thus. approve the similar provision in the Time Warner Social Contract. In view of the valuable public benefits brought by the creation of a lifeline BST, as well as the other benefits of the Social Contract discussed elsewhere in this Order, the preference for other benefits cited by. the Ithaca City Cable Commission in the Social Contract does not warrant a rejection of the Social Contract. One of the main arguments advanced by commenters opposing the'lifeline BST was that it was not necessary because there were so few BST -only subscribers. However,.because there are few BST -only subscribers the overall impact on the majority of subscribers who receive both BSTand CPST will be minimal.. In addition, we note that the Social Contract contains a provision that allows local franchising authorities to elect not to have Time Warner implement the BST rate reduction and corresponding CPST adjustment in its franchise area.. This provision provides subscribers additional protection if lifeline BST is inadvisable in a particular area. 57. Because some Time Warner systems contain only one tier, not all of the Time Warner systems can immediately provide for a lifeline BST. However, Time Warner has represented that those systems that initially are not given the benefit of a 10% reduction will subsequently be restructured and will have the right to a per channel rate reduction after the restructuring is accomplished. Because the restructuring is likely to include the upgrading of Time Warner's facilities, we find that a requirement to complete the restructuring, by a specific date prior to the termination of the Social Contract would'be inconsistent with the Social Contract, which permits Time Warner to upgrade its facilities over 'the five-year term of the Social Contract. We .thus reject the suggestion that the Social Contract contain a date' for completion of the restructuring of the BST. We also note that while the restructuring will require Time Warner to shift programming between the BST and the CPST, Time Warner already has that right and can exercise it independent of the,. Social Contract. Likewise, Time Warner has the discretion, independent of the Social. Contract, not to increase, the number of BST channels. We believe that allowing Time Warner to add more channels to the BST, and subsequently increase rates, is contrary to the purpose of creating a lifeline service. Thus, we reject the suggestion by some commenters that these provisions in the Social Contract require modification. However, in order to alleviate some of the concerns raised by the commenters, Time Warner has agreed to modify the Social Contract to ensure that any restructuring (other than for the creation of MPTs) will,not result in the shifting of - channels from the BST to unregulated tiers. Further, while. we note the argument of the New Jersey Board of Public Utilities that a reduction in the BST will reduce franchise fees under New Jersey law, we point out that Time Warner has agreed to waive its•right to a credit for the franchise fee paid to'a local franchising authority on CPST refund amounts. If a local franchising authority wishes to preserve its rights under New Jersey law to a franchise fee for a more expensive BST, it has the right to opt out of the lifeline BST provision. 58. L Finally, we address the effect on the Social Contract of an local franchising authority's decision not to elect the lifeline BST provision. The only effect a local franchising authority's decision to opt out of the lifeline provision is that there will be no-reduction in the BST and no offsetting CPST rate increase. For purposes of clarification, Time Warner has agreed to modify the Social Contract to specifically state that the opt -out provision contained in the Social Contract is limited to local franchising authorities opting out of the creation of a BST lifeline tier. e. Migrated Product Tier.,, (i) Terms of the Social Contract 59. The Social'Contract provides that in the. Time Warner systems where Time Warner or its predecessors did not create a is carte packages, Time Warner will be permitted to migrate up to four existing services from its cable programming services tier to an MPT. The channels migrated from the BST or CPST will continue to be priced at the rate regulated price, subject to increases allowed for inflation and external costs under the Commission's' rules. There will be no limitation on the number of new channels that Time Warner may• add to an MPT at a price of up to 5:20 cents per of plus license fees.. After April 1, 1997, Time Warner may convert the MPT into an NPT as defined by the Commission's Going Forward rules. The Social Contract provides that Time Warner may not require the subscription to any tier other than the BST as a condition for subscribing to an MPT, and may not require subscription to an MPT as a condition for subscribing to a CPST. Time Warner also may not offer an MPT with a buy- through requirement of any tier other than the BST. 60. For the Newhouse Systems that had a la carte.packages, Time Warner will be permitted to create two MPTs. One MPT will consist of typically three superstations and one satellite channel and will initially be priced at its current rate, the average price of which is less than 29 cents per chamel.(exclusive of copyright fees). Time Warner also will be allowed to create an MPT consisting of channels currently located in a la carte packages, so that the total number of migrated services is no greater'than six. These channels will be priced at the current per channel rate. (Newhouse's non - superstation a la carte packages were affirmatively marketed and had traditionally low penetration rates, ranging from 26% to 59% of BST subscribers). Time Warner will be able to add an unlimited number of new channel offerings at the rate 'of up to 5.20 cents per channel plus license fees to these MPTs as well. The remaining channels that had been offered in a la carte packages on Newhouse Systems will be returned to CPSTs. The rates for CPSTs will increase due to the addition of these channels; however, the increases will be limited to up to 50.25 per channel. 61. In systems where•Time Warner has created a la carte packages that are being treated as NPTs in areas contiguous with franchises where MPTs will be created pursuant to the Social Contract, Time Warner will be permitted to lower the prices of the NPTs and raise the prices of the adjacent MPTs in a revenue neutral manner to provide uniform rates for uniform offerings in those systems. In those circumstances, the NPTs will be subject to the price caps applicable to the MPTs under the Social Contract (i.e. prior to April 1, 1997, the price may be adjusted solely. to reflect unrecovered inflation and external cost increases). (ii) Comments 62. The majority of comments on these provisions raised questions and requests for clarifications. The questions raised included: how many channels Time Warner is allowed to move to MPTs; how many MPTs can be created; and what the effect will be on rates in the regulated tiers. In addition, as to subscribers to the Newhouse Systems, a question was raised as to whether the provision in the Social Contract allowing for price uniformity in contiguous. Time Warner and Newhouse Systems will lead to excessive rate increases. Other commenters contended that channels should not be removed from the regulated tiers, but just duplicated. Commenters urged that a la carte channels created between April 1993 and September 1994 by Newhouse . which had previously been marketed as a separate tier and are not required to be returned to a CPST should be subject to anti - buy - through and price restriction rules., Some commenters proposed that there should be specific requirements'as to the .number of packages of channels on non -BSTs and that there be a uniform rate schedule and channel line -up throughout the Charlotte- Meckenburg- community. Finally, there were comments which misperceived the meaning of the Social Contract. In its reply comments, Time Warner notes that a total of only four channels may be migrated from both the BST and CPST, that the rate for any regulated tier from which the channels are taken to create an MPT will be proportionally reduced so that the creation of any MPT will be done in a revenue- neutral manner to Time Warner, and that the Commission recognized in the Cost Order that the rate - regulated services will provide competition for new services offered under social contracts. I (iii) Discussion 63. In the Continental Contract Order, which contained provisions similar to those in the Social Contract, we waived the channel migration provisions of the Cost Order and the Going Forward Order to the extent that they prohibited the migration of up to four existing services from its cable programming services to on MPT. We found that a waiver was in the public interest in the context of the Continental Contract because the creation of MPTs end NPTs expands the programming choices for subscribers. We believe that the public interest also will be served and that a similar waiver of the channel migration provisions of these orders is appropriate in the context of the Social Contract. Except in the case of the Newhouse Systems, only four channels can be migrated to a MPT, whether the channels are migrated from the BST; the CPST, or a combination of both.' Further, the Social Contract provides that only one MPT per franchise area can be created, except in a limited, number of Newhouse Systems where there will be superstation tiers and a second package containing such number of channels as brings the 'total number of channels on MPTs in the franchise area to six, offered as separate MPTs: Similar to :the Continental- Contract- pricing for the MPT may be increased only if Time Warner, adds additional channels to the tier. Like the, Continental Contract, the Social Contract also provides that if Time Warner elects to convert the MPT to an NPT, the elimination of all buy- through requirements will ensure that the product offerings and rates on the NPT are competitive with the regulated BSTS and CPSTs. Thus, the MPT option will'increase customer choice while maintaining reasonable rates, and warrants our authorization. We do not believe that we should prescribe what channels should be in the MPTs, since this might require Time Warner to engage in services that are not economically feasible. In response to the Ney'York State Commission on Cable Television, we clarify that any a la carte packages created -on Newhouse Systems between April 1, 1993 and September 30, 1994,,from which no channels are required to be returned-to a CPST, are MPTs for the purpose- of- the-anti- buy - through and price constraining provisions. Finally, . under the Social Contract, any adjustments between contiguous Time Warner systems and Newhouse Systems must be accomplished on a revenue neutral basis. 64. We conclude that the provisions in the Social Contract that allow for the creation of MPTs will bring benefits to subscribers. However, for purposes of clarification, and to alleviate the concern. raised that,the creation of MPTs will increase the prices of the regulated tiers, Time Warner has agreed to a provision in the Social Contract that states that the rates for any BST or CPST from which channels are moved to create MPTs shall be reduced so that the creation of any such MPT will be revenue neutral to Time Warner. f. Service To Schools (i) Terms of.the Social Contract 65. Under the Social Contract, Time Warner has agreed to provide a cable connection free of charge to all public schools in its franchise areas that are passed by Time Warner systems. Time Warner also will provide- a'cable connection at cost to all secondary private . schools having students that receive funding under Title t of the Education and Secondary School Act of 1965 and that are passed by Time Warner systems. BST and CPST cable service wilt be provided to all connected public and private schools without cost. Time Warner will wire additional classroams-in existing schools at cost, and provide BST and CPST service to.each such outlet free of.charge. With respect to new public schools and existing public schools undergoing rehabilitation, if Time Warner is notified of new construction or rehabilitation, Time Warner will coordinate with local officials and contractors to wire each of the classrooms in the new-or rehabilitated public schools free of charge. 66. Time Warner also will provide a free monthly educational program listing to each connected school and will provide materials explaining the educational applications of Time Warner's broadband cable systems. Each .school district will receive one copy of the materials free of charge with the opportunity to purchase additional copies at cost. 67. Time Warner will provide each connected school with a free connection to the Time Warner /Time Inc. on-line service for personal-computers, assuming this service is successfully developed. If requested, each school will receive one,free modern to use this service with additional modems provided at cost. Time Warner also will sponsor a workshop in each franchise area to demonstrate the service and its educational uses to teachers. (ii) Comments 68. The majority of. comments support this provision of the Social Contract, because = - the schools need advanced tools to enable their students to compete in a technological world, and these technatogical tools can help equalize the gap between affluent and less affluent schools. The Orange County Public Schools state that they would greatly benefit from the' - Social Contract, commenting that of "special interest to our educators are the educational materials, educational programs and the future on -line computer. service, ell of which will enable our teachers and students to,keep current with the latest information and technology." The Spring independent School District, Houston, Texas, praises Time Warner's-commitment , to supporting the educational process as-shown by its "efforts in providing free installation ,• and cable services for educational use in their 'Cable for the Classroom' project'" and further comments that the additional services such as on- line computer services and technical training are "of tremendous value to our District considering our limited funds." 69. A nxaaber of commenters requested that the proposed services be expanded to colleges and universities, private schools, local governments, and schools which are not passed by Time Warner, but are close to Time Warner facilities. Some commenters contend that the benefits in the Social Contract are already provided under Time Warner's franchise obligations, and that the Social Contract fails to require equipment in schools which has been required by the local franchising authority, such as video. distribution amplifiers. Some commenters claim that Time Warner will only incur minimal costs in providing the school benefits, but wilt gain through the advertising it will provide. Others comment that these benefits will force schools to spend money on such things as VCRs and maintenance. Finally, some commenters asked that the schools be permitted to do their own wiring. 70. In its reply comments, Time.Warner acknowledges that many schools already are, connected or are planning to be connected pursuant to franchise agreements, but that in many cases these connections are a new benefit to the schools. Time Warner further states that the Social Contract provides additional benefits not typically contained in the school service clauses of franchising agreements, such as internal wiring at cost, connections to certain private schools, educational training for.teachers, program guides, on -line service, and (iii) Discussion 71. We believe that the school services to be provided by Time Warner are a significant provision of the Social Contract. While the Social Contract cannot, and is not intended to, provide benefits to every institution that desires them (e.g., universities and hospitals) we note that it does bring new and improved educational opportunities to public and private schools. We note that the cost to Time Warner of these services will be borne by Time Warner, and is not included within the S4 billion upgrade cost that forms the basis for the rate increases authorized under this Social Contract. These benefits will be provided across the economic spectrum, helping many schools that otherwise could not access the "information superhighway." We believe that the benefits to the schools are significant even if the schools incur certain secondary costs, such as televisions, VCRs, or maintenance. While we cannot be certain what these costs would be, we note that the schools have the option to accept or reject the benefits being offered by Time Warner and can decide whether or not they should expend any necessary funds. 72. Despite the significant benefits these provisions will provide to students, we are mindful of some of the concerns expressed by some commenters and, as a result, have negotiated some modifications to the Social Contract. In particular, as originally drafted,'the Social Contract provided that Time Warner would offer service connections free•of charge at one outlet in 100% of the public schools passed by its cable systems and at cost to any private secondary school which receives funding pursuant to Title I of the Elementary and Secondary Education Act and which are passed by its cable systems. In response to requests by, commenters that connections be provided to schools which are close to Time Warner facilities, Time Warner agreed to offer free of charge service connections in 100% of public schools and at cost connections to any private secondary school which receives funding pursuant to Title I of the Elementary and Secondary Education Act which are located within 200 feet of the activated plant of its cable systems and are within its service area.. In making this modification, Time Warner relied upon the definition of "Standard" installation provided under Section 76.309(c)(2)(i) of-the Commission's regulations which defines a "Standard" . installation as "those that are located up to 125 feet from the existing distribution system." Time Warner extended the range to 200 feet of its activated plant. Time Warner further agreed to provide such connections at cost to any other public or private schools located beyond 200 feet from its activated plant and within its franchised service areas. In addition, we agree that,schools, like the subscribers themselves, should have the option to do their own wiring. Time Warner has agreed to this request and has modified the Social Contract to state that any such public or private school may elect to install its own internal wiring at its own cost. 73. Some commenters raised concerns that the Social Contract fails to provide same of the benefits already provided under certain Time Warner franchise obligations.. We wish to clarify that the Social Contract is not intended to affect any agreements that a franchising authority has otherwise obtained from Time Warner. To make this clear, Time Warner has agreed to modify the Social Contract to state that "In)othing herein shall affect the enforceability of any otherwise valid preexisting local franchise agreement, ordinance, local law or regulation which provides benefits which exceed those provided in this Contract relating to system upgrades or the wiring of schools, nor shall local franchising authorities be restricted,in their authority to negotiate for such additional benefits after-the Effective Date of this Contract." Further, the Social Contract provides that to the extent a local franchise agreement contains an obligation to provide connections'to schools as agreed to in the Social Contract, Time Warner cannot seek to recover any such costs for these connections as external or other costs. Accordingly, any school benefits obtained outside of this Social Contract will not be affected. g. Nome Wiring (1) Terms of the Social Contract 74. Under the Social Contract, Time Warner will not restrict the ability of a subscriber to remove, to replace, to rearrange, or to maintain any cable wiring located within the interior of a his or her dwelling as long as these actions do not interfere with the ability of Time Warner to collect revenues from that subscriber or any other adjacent subscribers. Subscribers will be responsible for the cost of remedying any improper installation resulting in a violation of the Commission rules. Time Warner will provide high quality home wiring and materials at cost to its subscribers. (ii) Comments 75. Some cc maenters claim that the home wiring provision in the Social Contract merely restates the Commission's preexisting rules. Other comments relate to the fact that the Social Contract does not specifically extend the subscriber's rights to cable located at least twelve inches outside the subscriber's dwelling; a misconception that there has been a total deregulation of inside wiring and thus no need for the Social Contract provision; a question as to the ownership of the wiring and whether Time Warner has maintenance obligations if the subscriber does not maintain the home wiring. In its reply comments, Time Warner claims that the Social Contract goes further than the Commission's rules because, unlike the Commission's rules,, the contractual provisions here apply before a customer terminates cable service. (iii) Discussion 76. Contrary to the claims of some commenters, the home wiring provision of the Social Contract does not merely restate our existing rules, but rather goes beyond those rules to cover situations prior to the time 'a customer terminates its cable service. However, the provision does not exempt Time Warner from these rules; therefore, those rules continue to be applicable to cable wiring located at least twelve inches outside the subscriber's dwelling. While telephone rate regulation of inside wiring has been terminated, our cable home wiring rules have not been eliminated. We find that the home wiring provisions of the Social. Contract provide a benefit to subscribers as the provisions enable subscribers to change the location of their cable without incurring additional costs. Further, the provisions provide that Time Warner will inform the customers of their rights to remove, to replace, to rearrange, or to maintain home wiring, as well as their obligations if signal leakage occurs as a result of their installation or rearrangement. This education process will be a public benefit since, it will enable customers to make rational choices whether to install or to rearrange home wiring. h. System Acquisitions and Divestitures (i) Terms of the Social Contract 77. Time Warner has a pending contract to acquire cable systems from Cablevision Industries Corporation (CVI). The Social Contract provides that at its option, Time Warner may include any cable systems acquired from CVI, provided that the CPST settlement provisions of the Contract will not apply until any applicable settlements are mutually agreed upon between Time Warner and the Commission. The Social Contract further provides that the addition of any other newly acquired systems by Time Warner to the provisions of the Social Contract will be subject to Commission approval, which will be expeditiously decided and not unreasonably withheld. Finally, in the event of a sale of any system during the period of the Social Contract, the purchaser may elect, with the concurrence of the Commission, for the provisions of the Social Contract to continue to apply to such systems and the Commission's concurrence shall be expeditiously decided and not unreasonably withheld. In the event the purchaser elects not,to have the provisions of.the Social Contract apply to any such system, the CPST subscribers to such system shall be eligible for the refunds calculated under the Social Contract in the event the upgrade commitment has not been completed prior to the consummation of such sale. (ii) Comments 78. The comments regarding this provision were from communities served by CVI, contending that they should be part of the Social Contract. In addition, the City of Los Angeles contends that it_ should not have to comment on this issue until the acquisition of CVI is finalized, but that CVI systems should not be added to the Social Contract without the consent of the local franchising authority. In its reply comments, Time Warner stated that it has no objection.to including CVI communities as part of the Social Contract. - ' . (iii) Discussion 79. In view of the desire of franchising authorities (with the exception of Los Angeles) of CVI systems to be included in the Social Contract and Time Warner's agreement to include all CVI systems in the Social Contract, we find that the inclusion of such systems is in the public interest. The Social Contract is thus modified to state that Time Warner shall include any cable systems acquired from CVI within the provisions of the Social Contract. In addition a provision in the Social Contract has been added providing for 45 days' notice of the Social Contract to the affected local franchising authorities in order to provide.them with an opportunity to opt out of the lifeline BST provision of the Social Contract. 80. Because the upgrade capital costs committed by Time Warner in the Social Contract are tied to the systems it currently owns, any such acquisition or divestiture of systems by Time Warner, as provided for under this section, could change the amount of capital costs expended for the upgrade. As part of our oversight responsibilities with respect to the Social Contract, a provision in the Social Contract has been added that states that the upgrade capital costs set forth in the Social Contract will_ be adjusted, as mutually agreed to by Time Warner and the Commission,. to reflect any additions or deletion of systems subject to the Social Contract. To address the parties' desire to have the required review and approval of additions and deletions of smaller systems accomplished expeditiously, the Social Contract further provides that the approval from the Commission of such adjustments shall be expeditiously decided and not be unreasonably withheld. In view of the fact that these capital commitment decisions ant be made expeditiously and involve a thorough examination of the upgrade plan, we believe that, with respect to acquisitions or dispositions of cable assets involving 400,000 or fewer subscribers, the Cable Services Bureau is in the best position to take any actions contemplated under section III F. 6 of the Social Contract, including approval or disapproval of additions or deletions from the provisions of the Social Contract and the adjustments in the Monetary amount of the upgrade which results from such additions or deletions as well as any other actions contemplated under this section. Therefore, on our own motion, we order that the Cable Services Bureau be given delegated authority to take any actions contemplated under section III F. 6 of the Social Contract. i. Modification and Termination (i) Terms of the Social Contract 81. The Social Contract provides that it may not be modified "or terminated without the mutual agreement of both parties. Time Warner may petition the Commission to modify or terminate the Social Contract based on any relevant change in applicable laws, regulations, or circumstances. Any petition to modify or terminate this contract will be served on the Local franchising authorities for the affected systems. The Commission will allow 30 days after the release of the Public Notice for interested parties to comment and 15 days for reply comments before acting on any such petition. 82. In the event of a material change in the 1992 Cable Act or the Commission rules that would favorably impact Time Warner, any Time Warner system may elect not to be bound by the relevant provisions of the contract addressing the BST price cap (III.A.2), additions to the BST (11I.A.3), equipment rates (III.B.), MPTs (III.D.), and the CPST price cap (III.F.4). All other provisions of the Social Contract would remain valid and enforceable. (ii) Comments 83. Several commenters contend that the provision in the Social Contract permitting Time Warner systems to elect not to be bound by certain sections of the Social Contract is one -sided because it allows Time Warner to terminate the Social Contract unilaterally if any applicable law or regulations change. Some commenters also contended that the local franchising authorities should have input on any modifications or terminations. In its reply comments, Time Warner contends that this provision relates only to certain rate provisions in = the Social Contract,.and that notwithstanding any such changes in the law,or in regulations; Time Warner still is required to comply with other non -rate provisions and that Time Warner will be subject to the rate' regulation rules in effect at that time. (iii) Discussion 84. We believe that the provision in the Social Contract allowing Time Warner to take advantage of any changes in the current rate regulations is both. justified and necessary. We are mindful of the pending telecommunications legislation and the reality that we could not reasonably expect Time Warner to agree to,comply with existing rate regulations in the event they are e tr liminated. Thus, under the Social Conact, Time Warner, similar to all other cable operators, will be able to take advantage of ,any changes. in either the 1992 Cable Act ,or the Commission's regulations with respect to the rate provisions in the Social Contract, i.e. Time Warner will be subject to whatever rate regulation.is in effect at that time. However, even if the statutory or regulatory provisions concerning rate regulation change, Time Warner is not relieved of any other provisions in the Social Contract. We retain our oversight authority with respect to these non -rate provisions and do not believe further' review by local franchising authorities is necessary. j. Preemption (1) Terns of the'Social Contract 85. The Social Contract provides that to the extent that any ,state or local law, . regulation, ordinance, or franchise is inconsistent with the terms of the Social Contract, the Social Contract preempts those requirements. Additionally, the Social Contract provides that, all waivers of the Commission's rules and modifications to the Commission forms necessary to effectuate the terms of the Social Contract are granted: The Social Contract does not preempt the right of local franchising authorities to negotiate upgrades which exceed the scope of the Social Contract. (ii) Comments 86. Many local franchising authorities argue that the Social Contract contains language which could be interpreted as precluding.them from requiring that Time Warner adhere to the conditions imposed in franchising agreements or.from imposing certain conditions 'in future franchising agreements. In its reply comments, Time Warner contends that the language does not preclude any local franchising authority from negotiating with Time Warner for a higher level of upgrades. (iii) Discussion 87. In view of the concerns raised by many Local franchising authorities, Time Warner has agreed to a modification to the Social Contract that limits the scope of the preemption. In particular, the Social Contract only preempts the local franchising -authority from regulating rates or ordering refunds in a "roamer, inconsistent with its terms. As stated in Section III. I. 2. a. of the Social Contract, the provision added specifically affirms the enforceability of any "otherwise valid _preexisting local franchise agreement, ordinance, local law or'regulation which.provides benefits which'exceed those provided in this Contract relating to system upgrades or the wiring of schools, nor shall (local franchising authorities] be restricted in their authority to negotiate for such additional benefits after the Effective Date of.this Contract.!, We believe this language sufficiently addresses the concerns raised by various local franchising authorities as it clarifies that the Social Contract is not intended to preempt any preexisting or future franchising agreement that provides for a different or higher level of upgrades or benefits. k. Other Issues 0) Comments 88. A variety of other issues and questions were raised by commenters. Among the issues raised are that (1) the comment period was too short;.(2) the Commission has abdicated its oversight responsibilities over the cable monopoly; (3) local franchising authorities should be permitted to deny franchise renewals for failure to comply with the Social Contract; and (4) the Commission should address the issue of scrambling. Further, a number of comments discuss matters related to Time Warner's behavior in particular communities including claims of unfair co»petition'and discrimination. In A is reply comments, Time Warner did not respond to all of these issues, but did contend that it is subject to an increasing amount of competition and that the Commission has ample power to enforce the Social Contract without further harsh penalties being added by local franchising authorities. (ii) Discussion 89. We have allowed almost two months for comments and reply comments on the Time Warner Social Contract. It is our view that this period of time correctly balances the. need for public comment with the need to make the public benefits of the Social Contract available as soon as possible. One of the main goals of the 1992 Cable Act is to protect the interests of subscribers. Comments that we have abdicated our oversight responsibilities over Time Warner are without support. To the contrary, the'Social Contract is a regulatory mechanism expressly provided for in our rules for cable systems not subject to effective competition. Moreover, under the Social Contract, we have retained oversight responsibilities for Time Warner's compliance with the Social Contract. We believe that the goals of the 1992 Cable Act are being met in this Social Contract. The Social Contract provides reasonable, stable rates to subscribers,'- as well as various social benefits. 90. We find that the Social Contract provides remedies for violations, and, thus, further enforcement procedures by local franchising authorities are not necessary. We note that the Social Contract provides that each local franchising authority will be served with progress reports no later than 90 days following the 4nd of each calendar year that the Social Contract is in effect. The Social Contract provides that any violation of its terms shall be treated as a violation of a Commission order with the corresponding rights and remedies associated with the enforcement of an order. Time Warner will report to the Commission on an amual basis within 90 days following the end of each calendar year of..the Social Contract. This report will detail the number of BST and CPST subscribers benefitting from upgraded service, the system reliability and service improvements resulting from the upgrade, and the projected upgrade activities'for the following year. This report will be served on each local franchising authority. To verify the accuracy of these reports and.ensure compliance, the Commission reserves. the right to inspect the books and records of Time Warner and to interview corporate employees. 91. To the extent that local franchising authorities or other interested parties disagree with Tim Warner's interpretation of any provision of the Social Contract, perceive a lack of enforcement of its terms and conditions, or disagree with the remedies we may prescribe, they may seek redress at the Commission. Further, the Social Contract is not intended to resolve every conceivable issue raised with respect to Time Warner's service and operations. There . are other-avenues available to address concerns regarding such matters as.scrambling, alleged discriminatory treatment by Time Warner of its competitors, poor service, billing problems and other disputes with complainants. IV. CONCLUSION .92. The Social Contract negotiated with Time Warner fulfills the objectives of the incentive Upgrade Plans which were established in the Cost Order. The.Social..Contract ensures that customers will have reasonable, stable rates for exist ing.services.. Additionally, Time Warner will obtain pricing flexibility to upgrade its system in cost effective ways in order to provide customers with increased programming choices and -improved quality of service: Furthermore,'the Social Contract will reduce the. regulatory burdens associated with rate regulation on local franchising authorities, Time, Warner, and the Commission. 93. It is our belief that by approving the Upgrade - Incentive Plan we encourage upgrades that provide services that are economically justified and that. best meet customers' needs. Theref ore,, we find this plan, to the. extend ,modifiad above, to be in the public interest and approve the agreement. 94. Accordingly, IT IS ORDERED that the Social Contract between Time Warner and the Commission as modified above IS APPROVED. . 95. IT IS FURTHER ORDERED that there is a general waiver of any Commission rule that is necessary to effectuate the terms'of this Social Contract including, but are not Limited, to the following rules: 47 C.F.R. ^U 76.923; 47 C.F.R. ^U 76:987; 47, C.F.R. ^U 76.961(e); 47 C.F.R. ^U ^U 76.309(00)(B),76:964; 47 C.F.R. ^U 76.960; 47 C.F.R. ^U 76.933; 47 C.F.R. ^U 76.922; 47 C.F.R. ^U 76.956. 96. IT IS FURTHER ORDERED that waiver of any Commission rule or 'modifications to the Commission's forms necessary to effectuate the terms of the Social Contract IS GRANTED. 97. IT IS FURTHER ORDERED that the Cable Services Bureau is given-delegated authority to oversee implementation of the Social Contract, including authority to resolve all pending complaints covered by the Social Contract and to make adjustments in the amount of Tim Warners upgrade commitment on additions or. deletions of systems subject to the Social Contract. 98. IT, IS FURTHER ORDERED that preemption of.any local franchise agreement or, -. any state or local rule or regulation' that requires Time Warner to give more than 30 days' notice,of rate and service changes to subscribers for the period prior. to January 1, 1996, IS GRANTED. 99. IT IS FURTHER ORDERED that the Secretary.is instructed to sign the Social Contract, attached as Appendix B, on behalf of the "Commission. 100. IT IS FURTHER ORDERED that this.Order is effective upon adoption.. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A: Comments Expressing Unqualified Support of Time Warner Social Contract Alabama City of Irondale Birmingham Public Schools City of Brighton City of Bessemer Alabama Public Service Commission City of Birmingham California Cathedral City Coronado High School San Bernardino Councilmember Barbara Warden, San Diego Assemblywoman Dede Alpert San Diego County Office of Education International Center for Communications, San Diego San Diego Business Roundtable for Education City of Barstow Congressman Brian R. Bilbray .Poway Unified School District San Diego City Schools City of Palm Springs Assemblywoman Susan A. Davis City of Coronado Coronado Unified School District Jean Farb Middle School, San Diego Kern County San Diego State University Councilaamber Randy Rowles, Bakersfield Steve A. Perez, Bakersfield Dianne Jacob, Chairwomen, San Diego County Board of Supervisors San Diego Conncilntember Harry Mathis James W. Silva, Supervisor, Second District, Orange County Connecticut Cable Television Advisory Council Florida National Development Properties of Florida -Bay; Inc. Representative John Morroni Town of Melbourne Beach Representative R.Z. Safley School Board of Polk County Manatee County Jaymie G. Carter City of Belleair Bluffs City of Temple Terrace Polk Education Foundation 8 Business Partnership-, Inc: Brevard County Town of Indian Shores Town of Lake Hamilton School District of Hillsborough County City of Auburndale School Board of Manatee County Representative Dennis L.'-Jones City of Treasure Island City of Palm Bay Pittsburgh Baseball Club, Florida Baseball operations Barnett Bank of Manatee County Hillsborough Education Foundation, Inc City of St. Pete Beach City of Crystal River City of Bradenton City of Largo Town of Malabar School Board of Manatee County City of Bradenton Beach Lake County.lnformation Services City of Cocoa Beach County Coaaiissioner Joe McClash - City of Melbourne City of Maitland State Senator David G. Kelley City of Rockledge City of Edgewood State Senator Donald C. Sullivan Dave 8 Lynn McDaniel Eastside Elementary School, Haines City Osceola High School, Seminole Tamara L. Hager Oak Grove Middle School City of Lakeland School Board of Brevard County Hillsboro Public Schools City of Winter Park Orange County Public Schools Faye C. Roberts, Columbia County Public Library Polk County Richard Fawley Georgia The Travel Channel Illinois City of Berwyn Ronald F. Crick Village of Tinley Park Village of Stickney Indiana NOLA, Indianapolis Indianapolis Chamber of Commerce Indianapolis Urban League William G. Mays, Mays Chemical Company Kinder Vision, Peru Congressman Dan Burton Indianapolis Public Schools Kentucky Tommy Sanders Dr. Robert H. McGaughey, Murray State University Louisiana Caddo Parish School Board Caddo Parish Commission St. John the Baptist Parish Ouachita Parish School System Monroe City Schools Maine Congressmen John E. Baldacci- Suzan Nelson, Librarian, Portland Nigh School Donna Crook, Computer Technology Steering Committee, Portland High School Maryland Discovery Communications, Inc. Massachusetts City of Melrose City of Medford Lynn Business /Education foundation Swampscott Public Schools Lynn Business Partnership Salem Public Schools Lynn Public Schools Melrose Chamber of Commerce Central Berkshire Regional School District Patrick J. Markham, Pittsfield Public Schools City of Pittsfield Minnesota City of Shakopee City of Chaska City of New Ulm Bloomington Chamber of Commerce Richfield Chamber of Commerce Edina Public Schools Eden Prairie Chamber of Commerce Eden Prairie Schools Minneapolis Public Schools Minnesota Public Utilities Commission Jackie Cherryhomes, President, City Council, Minneapolis Richfield Public Schools Edina Chamber of Commerce Greater Minneapolis Chamber of Commerce State Senator Steve Novak Susan Ray Euler, fire Department Hot Spots City of Ranlo State Senator Carl W. Kroening Mississippi Mississippi Economic Council Jackson Public School District Town of Coldwater- Supports Contract, especially rate stability, reduced basic rates, and upgrades. City of Ridgeland City of Raymond Hinds County City of Senatobia Madison County Town of Edwards Missouri Ferguson- Berkeley Chamber of Commerce City of Belton City of Parkville Village of Calverton Park City of Lee's Summit Nebraska City of Auburn City of Lincoln City of York City of Nebraska City City of Superior Lancaster County City of Fairbury New Jersey Assemblyman Patrick J. Roma New York East Syracuse -Minna Schools Village of Malone Village of Worth Syracuse Village of Painted Post Fayetteville - Manlius Schools Town of Catlin Town of Camillus John P. Al ante and Edgar F. Ames, East Syracuse -Minna Central Schools A & E Television Networks Peyton C. Watkins, Penfield Town of Chili Town of East Rochester Town of Ogden Town of Gates Village of Endicott Town of Perinton Town of Marcellus Rome City School District Town of Newark Valley Town of Kirkwood ESPN, Inc. Town of Richmond Town of Clarendon City of Corning City of Port Dickinson Village of Johnson City Joni Lincoln, Port Byron Central School District Town of Parma Town of Pittsford Jamesville- DeWitt Central School District Town of Kirkwood Town of Conklin Town of Clifton Park Board of Cooperative Educational Services of Cattaraugus, Allegheny, Erie and Wyoming Counties City of Rochester Town of Stillwater Town of Fenton City of Elmira Village of Horseheads Town of Webster - North Carolina City of Lexington Town of Waddington FTCC Foundation, 1nc.,,Fayetteville University of North Carolina at Wilmington Pembroke State University Cumberland County Schools Town of Emerald Isle Moore County Schools City of Hamlet. Guilford County City of High Point Instructional Technology, Charlotte-Mecklenburg Schools . Centralina Council of Governments.- County of Moore, Department of Social Services Town of Haw River Town of Landis Cleveland County Carteret County Board of Education Lumberton Area Chamber of Commerce and Visitors Bureau Town of Southern Pines Southeastern University Town of Rockwell Public Schools of Robeson County State Senator Luther N. Jordan, Jr. Town of Chapel Hill Shelby City Schools Asheboro /Randolph Chamber of Commerce 8 Tourism Bureau Guilford County Schools City of Thomasville City of Winston-Salem Cleveland County Schools Town of Cramerton City of Kings Mountain City of Burlington City of Albemarle Gaston County Schools Town of Matthews County of Jones Cabarrus County City of Asheboro Charles F. McCraw, Guilford County Schools Charles M. Lineberry, Jr. Town of Ramseur City of Randleman John G. Redmond, North Carolina CounciL on Economic Education Archdale- Trinity Chamber of Commerce - City of Shelby J. Parks Todd, Jr., North Carolina State Board of Community Colleges Fayetteville Chamber of Commerce City of Bessemer City Greensboro Chamber of Commerce Ohio Village of Marble Cliff Norwood City Schools WCET, Cincinnati Museum Center, Cincinnati Marguerite,Shurte City of Piqua Municipality of West Milton Immaculate Heart of Mary School, Cincinnati Gahanna- Jefferson Public Schools Rudy Forsberg Marian A. Spencer Staff of Canton City School District Elide Local Schools Thomas Worthington High School, Worthington Dick Lehmann, Westerville South High School, Westerville Learning Materials Center, Rutherford S. Hayes High School, Delaware Lars Gianessi, Fort Hayes Metropolitan Education Center, Columbus Village of Obetz S. Julia Deiters City of Grandview Heights Elide Senior High School City of Akron City of Columbus Brenda Jackson, William Henry Harrison Junior School, Harrison Terrace Guild, Cincinnati Literacy Network of Greater Cincinnati Wellness Community, Cincinnati East End Adult Education Center, Cincinnati Camilla S. Huff, St. Veronica School, Cincinnati Green Township Ansonia Local School District Newton local School District John r E. Miller, The Troy Schools Milton-Union Exempted Village Schools Covington Exempted Village Schools City of Bexley. Lime /Allen County Chamber of Commerce Wendy E. Webb,`Yo ngstown City School District Eldonna.H. Ashley, North Union School District Miami East Junior High School City'of Akron West Liberty -Salem Schools John G. Olds, Northwestern College Carrie Clark,'Playhouse in the Park, Cincinnati Kids Voting, Cincinnati All About Kids, Cincinnati Arts Consortium of Cincinnati Oregon Kathy Allen - Kirsch, Gregory Heights Middle School, Portland Karen Gaddis- Philips, Sam Barlow High School, Gresham Portland Public Schools Pennsylvania City of Reading Tim Smith, Reading Reading Area Community College Alvernia College, Reading Reading School District Pottsville Area School District Blue Mountain School District Barks County Intermediate Unit Bellwood-Antis School Board Moon Community Access Television Greater Johnstown Committee BT Financial Corporation Moon Area School District Representative Jim lynch Representative Richard A. Geist Richland Senior High School, Johnstown David Popp, Westmont Hilltop School District, Johnstown Altoona Area School District Bradford Cable Commission United Way of Barks County Representative Sheila Miller Pennsylvania State.University Greater Johnstown /Cambria County Chamber of Commerce, Inc. City of Altoona Greater Johnstown School District Franklin Area Chamber of Commerce Franklin Area School District Dattey Grove School District Richland School District Representative Samuel E. Rohrer Sugarcreek Borough Valley Grove School District Berks.Community Television West Lebanon Township South Carolina Town of Pinewood Sumter School District No. 17 City of Darlington Town of Clover Sumter Canty Administrator City of Florence Tennessee Memphis City Schools Germantown Area Chamber of Commerce Collierville Area Chamber of Commerce Randy Houston, First Tennessee Bank, Collierville Beverly A. Holmgren, First Tennessee Bank, Bartlett City of Bartlett City of Lakeland Bartlett Kiwanis Club Texas City of Hunters Creek Village City of San Antonio Fort Bend Independent School District T.H. Rogers School, Houston r Luling Independent School District City of Elgin Robinson Independent School District Houston Councilman John W. Peavy, Jr. City of Piney Point Village Missouri City City of McGregor City of Round Rock Cypress - Fairbanks Independent School District City of Luling. Round Rock Chamber,of Commerce Et Paso Independent School District Greater Austin Chamber of Commerce City of Meadows FOX 18, Wichita Falls Ysleta Independent School District, El Paso City of Bastrop -Hi 11 Country Village Town of Hollywood Park- City of Castle Hills - Greater Houston Partnership Congressman Bill Archer City of Seim .City of Helotes City of Bellmaead St. Paul's Episcopal Day School, Waco Eanes Independent School District City of Balcones Heights City of Kirby City of OLmos Park Greater Irving Chamber of Commerce Councilwomen Cynthia White, Lewisville City of Moto City of Shavano Park Spring Independent School District City of West University Place Helen S. Handler, Paul Revere Middle School Elgin Independent School District City of Converse- Late Filing Lewisville Chamber of Commerce Representative Peggy Hamric .City 'of Waco Virginia Greater Irving Chamber of Commerce Poquoson City Public Schools. Smithville Independent School District West Virginia West Virginia Cable Advisory Board Wisconsin Green Bay Area Chamber of Commerce Action, Menasha Joseph A. Rice, Milwaukee Mewtec Studio, Green Bay Whitnall Middle School, Hales Corners Oshkosh Area School District Greater Milwaukee Education Trust School District of Beloit Marquette University High School Kaukana, Wisconsin TABLE OF CONTENTS Page I. BACKGROUND AND SUMMARY . . . . . . . . . . . . . . . . . . . . . . . 1 II. DEFINITIONS .. . . . . . . . . . . . . . . . . . 2 III. TERMS AND CONDITIONS OF THE SOCIAL CONTRACT . . . . . . . . . . . . 4 A. Basic Service Tier Rate Relief. . . . . . . . . . . . . . 4 1. Creation of a Low-Cost, Lifeline Basic Service Tier. . . . . . . 4 2. 1 BST Price Cap. . . . . . . . . . . . . . . . . . . . . 5 3. Additions To Basic Service Tier. . . . . . . . . . 6 B.Equipment Rates. . . . . . . . . . . . . . . . . . . 7 C.Resolution Of Existing CPST Rate Cases . . . . . . . . . 8 D.Migrated Product Tiers . . . . . . . . . . . . . . . . . . . 9 E.Customer Refunds and CPST Rate Reductions. . . . . . . . . . . . . . 11 F.Infrastructure Upgrade Requirement . . . . . . . . . . . . . . . . . . 12 1. Upgrade Requirement . . . . . . . . . . . . . . . . . . . . . . . 12 2. No Impairment Of Local Authority . . . . . . . . . . . . . . . 13 - 3. Reporting Requirements . . . . . . . . . . . . . . . . . . . 13 4. CPST Rates Subject To Price Cap. . . . . . . . . . . . . . 14 5. Failure To Meet Target . . . . . . . . . . . . . . . 15 6. Adjustments To Systems Subject To Contract . . . . . . . . . . . 15 G.BST And CPST Rate Stability. . . . . . . . . . . . . . . . . . . . . 16 H.Additional Consumer Benefits . . . . . . . . . . . . . . . . . . . . . 17 1. Service To Public Schools. . . . . . . . ... . . . . . . 17 . 2. Now Wiring. . . . . . . . . . . . . . . . . . . . . . . . . 19 I.Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . 20 1. Modification And Termination . . . ... . . . . . . . . . . . . . 20 2. Authority To Enforce Contract. . . . . . . . ... . . . . . 21 3. All Necessary Waivers And Preemptions Deemed Granted . . . . 23 4. Effect On Other Proceedings . . . . . . . . . . . . . . . . . . . 24 5. No Admission Of Wrongdoing . . . . . . . . . . . . . . . . . 25 6. Contract In Public Interest. . . . . . . . . . . . . . . 25 7. Legal Challenges . . . . . . . ... . . . . . . . . . . . . . . 25 8. Effective Date And Term. . . . . . . . . . . . . . . . 26 9. Public Notice. . . . . . . . . . . . . . . . . . . . . .. 28 10. Force Majeure . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11. Severabi l i ty . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SOCIAL CONTRACT FOR TIME WARNER CABLE 1. BACKGROUND AND SUMMARY. The "Social Contract" set out in this document (the "Contract ") relates. to certain services and equipment offered by Time Warner Cable ("TWC") actually or potentially subject to regulation under the terms of the applicable provisions of Title VI of the Communications Act of 1934, as amended ( "Act "). The Federal Communications Commission ( "FCC" or NCommission ") finds that this Contract will advance the public interest by: M. assuring fair and reasonable rates for . TWC's cable service customers; MY facilitating the creation of a low -cost, lifeline basic service level; (iii) improving TWC's cable service by substantially upgrading the channel capacity and technical reliability of its cable systems; and (iv) reducing the administrative burden and cost of regulation for local governments, the FCC and TWC. The Contract has been negotiated between TWC and the FCC "in accordance with the FCC's authority to consider and adopt Nsocial contracts" as an alternative to other regulatory approaches applicable to cable television rates, as modified and amplified in the order adopting the Continental Social Contract, and its authority to .regulate TWC's cable services under the Act, particularly..in light of the Statement of Policy set forth in Section 2(b) of the Cable Television,Consumer Protection and Competition Act of 1992, Pub. L. No. 102 -385, 106 Stat. 1460 ( "1992 Cable Act "). Except as otherwise provided for herein; this Contract covers all of TWC's cable systems as of the Publication Date (as hereinafter defined): 'Until such time as there is a final decision permitting the ,transfer of the Laredo, ' Texas cable television franchise to TWC, this Contract shall not apply to•the affected cable system serving Laredo, Texas. 11. DEFINITIONS. The following terms shall have the meaning's set.forth below.. Certain other terms are _defined elsewhere herein. A. "Basic Service Tier" or "BST" means the cable service level which includes the signals of any local television broadcast stations and any public, educational or governmental access channel required by the relevant franchise to be carried on the BST. B. "Cable Programming Service Tier" or "CPST" means'any` tier of video programming service, but shall not include (i)'video programming carried on BST; (ii) video programming when.offered on a per channel, multiplexed, a to carte or per program basis; (iii),any Migrated Product Tier; or•(iv),any New Product Tier ("NPT") as,.defined by the Going Forward Rules and 47 C.F.R. "U 76.987. C. "Cost" means that the prices so designated have been designed to recover actual costs, including a reasonable rate of return as defined in, the FCC Cost of Service Order, supra, at . "T 207. D. "Current Rates" weans those TWC system rates that are in effect as of the Publication Date, or rates that.will become effective after the Publication Date and for which notice was given to subscribers on.or before the Publication Date. E. "CVI" means Cablevision Industries Inc., its subsidiaries and affiliates.: F. "Effective Date" means the date on which the FCC releases an order approving this'Contract. G. "Eligible Subscribers" means those CPST subscribers to any of TWC1s cable systems listed on Appendix A to this Contract at the time Refunds are issued. H. "Going Forward Rules" means the FCC's rules adopted in the Sixth Order on Reconsideration, 76 RR 2d 859 (1994), including all subsequent clarifications and amendments. I. "Migrated Product Tier" or "MPT" means (a) a tier consisting of up to four services moved from a system's existing BST or CPST(s) as described in Section III.D.5. or (b) any Superstation Tier or any tier consisting of those services remaining on a Preferred Tier, as defined in Section III.D.1., after any excess channels have been shifted to CPST as described in Section III.D.3. J. "Publication Date" means the date on which the Commission releases its initial Public Notice relating to this Contract. K. "Refund" means a prospective bill credit issued to Eligible Subscribers. L. "Time Warner Cable" or "TWC ". means'the collective reference to Time Warner Entertainment Company, L.P.' ( "TWE"), TWI Cable Inc. ( "TWI Cable") and Time Warner Entertainment- Advance /Newhouse Partnership ("TWE- A /N"), or any subsidiary, division or affiliate thereof, or, where consistent with the context, any cable system owned or managed by TWE, TWI Cable or TWE-A /N, except where particular provisions•of this Contract specify a more limited.scope. Ill. TERMS AND CONDITIONS OF THE SOCIAL CONTRACT. A.• _Basic Service Tier Rate Relief. 1. Creation of a Low-Cost, Lifeline Basic Service Tier. a. In order to provide its subscribers with the option to purchase,_a tow-cost BST, no later than six months after the Effective Date, TWC witl reduce its BST" rates on systems serving at least 85X of TWC's total subscribers to a level 10% below the Current Rates. ,In any system where the BST rates are initially reduced by 10% as described above, but where BST rates are pending review on the Publication Date, TWC will reduce its BST rates further by 10% from the level uttimately determined to be reasonable, after such determination is no longer subject to review or appeal. TWC may increase its CPST rate(s) in any system by an amount necessary to recoup the reduction in revenues due to the 10% adjustment in the BST 'rate in that system. Such adjustment to CPST rates shall be submitted to the FCC for review. A,tocat franchising authority ( "LFA") may elect not to have TWC implement the BST rate'reduction and.corresponding CPST adjustment described in this paragraph in its franchise area by providing notice to TWC and the Commission no Later than 45 days following the Effective Date. Such notice shall (a) be in writing, (b) be addressed to.the Office of the Secretary, Federal Communications Commission, 1919,04 .Street, N.Y., Washington, D.C. 20554, with a copy to Time Warner Cable, 300 First Stamford Piece, Stamford, CT 06902- 6732,'attentione General Counsel, (c) identify the local franchising authority, the community unit identification number for the franchise area, and' (d) reflect the clear intent to not have TWC implement the BST rate reduction described in Section III.A.1.a of this Contract. However, such notice need not meet any other requirements and may be in letter form. An election by a LFA to opt out of the provisions of this paragraph shall not otherwise affect the applicability of the remaining provisions of this Contract in such community: b. In order to achieve its goal of creating Low -cost BSTs, TWC will restructure the BST on the remaining systems where the BST has not been reduced by 10% as described above so as to create a lifeline -type service. Such restructuring will involve shifting channels from the BST to an existing or newly created CPST (or MPT as permitted by Section III.D.5.)'and not to any service level which would not be subject to rate review upon the receipt of a valid complaint under current FCC rules. Such restructuring will not be deemed by the FCC to be a "fundamental change" of any affected service tier. At the time of.such restructuring, the BST rate will be reduced by an amount equal to the percentage of the BST channels shifted to CPST., Where the BST channels are shifted to a newly created CPST, the rate for the CPST will be equal to the amount of the reduction in the BST rate. Where the BST channels are shifted to an existing CPST, the rate of the existing CPST will be increased by an amount necessary to-recoup the reduction in revenues resulting from.the reduction in the BST rate as described above. The 10% BST rate reduction,, with CPST offset, will be, implemented upon restructuring of such remaining systems. Nothing herein shall be deemed to affect any otherwise enforceable franchise provision relating to programing services to be provided by TWC. 2. BST Price Cap. . After implementation of the 10% BST rate reduction described above, all such reduced BST rates will be subject to a price cap; even in currently unregulated TWC 'systems. TWC will continue:to be permitted to adjust BST rates for changes in external costs and inflation, subject to any necessary LFA approval. The BST rate reduction referred to above will have no adverse effect on any Form 1210-BST rate adjustment request which may be pending before an LFA as of the Publication Date or thereafter. Nothing herein shall authorize review of the reasonableness of any BST•.rate adjustments in'communities where the LFA has not elected to certify in accordance with Section 76.910 of the Commission's rules. 3. Additions To Basic Service Tier. TWC shall not add any additional channels to any BST for the term of this .' . Contract, except where required by applicable law, regulation or contract lawfully entered Into pursuant to such. law or regulation, or to provide 'additional local origination channels or., other non - satellite delivered channels. In the event that the FCC's must-carry rules are repealed or rendered invalid or inapplicable to TWC by a court of competent jurisdiction, TWC will have the right to substitute any, programming service not then carried by such system for up to an average (weighted by BST subscribers) of three local television broadcast stations deleted from.carriage per. system covered by this Contract, but no more than, five such substitutions on any -given system, even if more than five television broadcast stations are deleted. Such substitutions shell have no impact on BST rates other than due to the net change in programming costs. In the absence of must - carry requirements, however, any Local television broadcast stations which TWC continues to carry will be carried on,the BST. Any such changes to BST will be made only upon provision of thirty days advance notice to the Commission and to affected LFAs and subscribers. %Upon receipt of any necessary LFA approval, TWC will be permitted to implement appropriate BST rate adjustments to reflect any such added or substituted channels. Such adjustments (other than adjustments to BST. required by any retransmission consent agreement) shall not be subject to the annual BST adjustment limitation set forth in Section III.G.1. B. Equipment Rates. TWC will be permitted to establish a blended rate, averaged for each of the following equipment basket categories: (1)'hourly service charge, (2) instaClations, (3) remote control devices, (4) non- addressable converters, (5) addressable converters, (6) other Leased equipment, and (7) customer tier changes, by geographic . region as reflected on Apperxlix B to this Contract (and any reasonable modifications to such regions). Equipment rates will be adjusted annually to reflect changes in regional equipment Costs in'each category. At least thirty days prior to implementation of the first CPST adjustment authorized pursuant to Section III.F.4., but not sooner than December 1, 1995, TWC will submit a single Form 1205, or equivalent reasonably acceptable to the Commission, for each region to the FCC, and will submit annual updates to such filings thereafter for Commission review. Any date required to support such annual equipment rate, adjustments may be based on the four most recent available quarterly financial figures. TWC may begin.charging revised equipment end installation rates-to customers based upon the updated filing upon thirty days' notice. These revised equipment and installation rates will be, subject to'refund if the Commission later concludes that lower region -wide rates are called for by such filings and applicable rules. Such region -wide equipment and installation charges as TWC establishes and the Commission approves pursuant to this Contract shall be subject to enforcement by local franchising authorities. Should any"LFA find that TWC's equipment and installation rates charged exceed those permitted by the Commission, the LFA may order TWC to make refunds of any excess charges as necessary to comply with the equipment and installation charges permitted by the o Cmission. ; C. Resolution Of Existing CPST Rate Cases. 1. All CPST eases or complaints currently pending before the Commission are resolved pursuant to and as a result of the adoption of this Contract, as set forth in Appendix A to this Contract. 2. The Commission has reviewed TWC1s pending CPST filings. In light of its review, the covenants and representations contained in this Contract, and in express reliance thereon, and in order'to conserve Commission resources, avoid litigation costs, and achieve the other benefits.to the Ipublic.contained in this Contract, the Commission 'agrees to resolve all CPST cases and complaints involving TWC currently pending before it. 3. In addition to those CPST rates which are subject to proceedings that are being settled as set forth in Appendix A to this'Contract, all other Current Rates, is adjusted for.inflation and changes in external costs as of the Publication Date, charged by TWC for CPSTs are deemed 'reasonable under the Act and the Commission's rules. 4. At such time as TWC makes its first CPST rate adjustment authorized - by this Contract, such increase ahall be netted against -any Current Rate which,requires reduction in accordance with,the CPST settlements approved by this Contract, provided, however, all such required reductions to Current Rates shall be implemented no later than the final date for issuance of Refunds. pursuant to Section III.I.8.d of this Contract. 5. BST rate disputes will continue.to be resolved in the ordinary course, pursuant to applicable FCC rules. D. Migrated Product Tiers. 1. The Commission and TWC acknowledge (i) that certain TWE-A /N systems (the "Migration Systems") have been providing_ collective offerings of a la carte channels which were created between April 1, 1993 and September 30,1994 and which consist of one or more (a) low-priced collective offerings, containing primarily superstitions, at an average price of Aiss than 50.29 per channel, excluding copyright fees (a " Superstation Tier "), and (b) low - penetrated collective offerings predominantly containing channels which had been affirmatively marketed as a separate tier_before being offered on an a to carte basis. (a "Preferred Tier ") and (ii) that such offerings provided by such Migration Systems cumulatively contain'in excess of six channels migrated from BST and /or CPST. „ 2. Any Superstation, Tier offered by a Migration System shall be treated as a separate MPT. The initial.price of,such MPT will be based on the Current Rate of the Superstation Tier. Where neighboring TWC systems each offer an NPT or MPT consisting primarily of superstatioin and such NPT or MPT would be priced differently under the Commission's regulations and this Contract, an adjustment may be made between or among such Current Rates on a reveaw neutral basis so that a uniform rate for such NPTs /MPTs may be established. In selecting services to be returned to a CPST in accordance with paragraph '3 below, the Migration System serving Charlotte, North Carolina and surrounding areas may move services from a superstation Tier in an effort to..achieve a more uniform Line-up among such adjacent NPTs`and MPTs. ALL such uniformly priced NPTs /MPTs shall be subject to the price cap set forth in paragraph 7 below. 3. Any Migration System shall select services from the Preferred Tier(s) to return to a CPST so that the cumulative number of migrated services remaining on any Preferred Tier(s) and any Superstation Tier is,no greater than six. The subscriber's bill shall be adjusted by no more than 25 cents per such channel returned to the CPST. The services not returned to a CPST from the Preferred Tier(s) shall be offered as a single MPT, separate from any Superstation Tier. The initial price of any such MPT will be based on the Current Rate of the Preferred Tier(s), reduced by an amount equal to the percentage of channels shifted to.a CPST. Eligible Subscribers shell be issued a CPST Refund as reflected in Appendix A. _ 4. on its own motion, the Cable Services. Bureau, consistent.with the terms set forth herein, hereby reconsiders. any Letter of Inquiry ("LOI") rulings involving any Migration System (LOI-93 -24; LOI-93-32;.LOI- 93 -47; LOI- 93-48), and TWE-A /N hereby petitions to withdraw its Applications for Review of such LOI rulings and such petitions are hereby granted by the Commission. The principles in this Section III.D. relating to the unregulated treatment, for benchmark calculation purposes, of up to six migrated channels, as incorporated i.n'such reconsidered LOI rulings, .shall be binding on any LfA decision relating to BST rates charged by any Migration.System. 5. On each of its systems which does not, as of the Publication Date, offer a. collective offering of a Is carte channels created between April 1, 1993 and September 30, 1994, TWC may move a maximum of four existing BST or CPST services to s single MPT per system. TWC will set the initial rate for any new MPT created pursuant to this paragraph at the same level, on a per channel basis, that is set for that franchise's CPSTs under the Contract. The rates for any BST or CPST from which such channels are moved. shall be reduced on a per channel basis so that the initial creation of 'any such MPT shall be revenue neutral. 6. TWC may not require the subscription to any tier, other than the BST, as a condition for subscribing to an MPT, and may not require subscription to an MPT as a' condition for subscribing to a CPST. Because the restructuring .involved in the creation of MPT(s) as described herein does not fundamE;ntally' change the-service provided to subscribers, TWC will not be required to re- market any of the affected services to existing subscribers. Any services migrated may be offered on an a la carte basis as well as in•a package. 7. For the period prior to April 1, 1997, the price of any MPT established pursuant to this Section III.D. may be adjusted solely to reflect unrecovered inflation and' external cost increases, including that currently accrued but uncharged, in the manner permitted by the Commission's rules for CPSTs. There will be no limitation on -the number of new services TWC may'add to an MPT. The price of any such MPT may be increased 'to reflect new services added to the MPT by an amount not to exceed S.20 per added channel, plus the actual license fee(s) for the added chamel(s). S. On or after April 1, 1997, TWC may convert any MPT into an NPT, as_ defined in 47 C.F.R: ^U 76.987, including subsequent clarifications or amendments. Because customers will be able to subscribe =to CPST(s) and an MPT on a stand -alone basis, as of April 1,1997 the Commission will regulate MPT rates in'the.same manner in which the Commission currently regulates NPT prices. Such NPTs will be treated as all other NPTs under the Commission's rules, provided such NPT is offered without a buy- through requirement of any tier other than the BST. E. Customer Refunds and CPST Rate Reductions. Pursuant to the settlement of TWC's existing CPST rate cases as described in this section, TWC will provide Refunds, which in the aggregate total in excess of $4J Million,.plus interest computed in accordance with FCC requirements for subscriber refunds, and shall implement CPST rate reductions, on the terms and conditions, and in the manner, set forth below. 1. In settlement of all CPST complaints involving the review-of an FCC Form 393 and /or FCC .Form 1200 submitted by TWC which are pending as of the Publication Date, TWC will provide a Refund to each Eligible.Subscr,iber as set, forth in Appendix A to this Contract. 2. TWC agrees to waive its right -to a credit for the franchise-fee paid to the LFA on the CPST Refund .ainant. 3. Communities which receive CPST reductions.to Current Rates, -in accordance with Section III.C.4. of.this Contract, are set.forth in Appendix A to this Contract. F: Infrastructure Upgrade Requirement. 1. . Upgrade Requirement. TWC will upgrade all its cable systems so as to meet the following technical standards: each TWC cable system with.a present capacity,of at least 550 MHz will have a bandwidth capacity of at least 750 MHz within five years after the Effective Date; all other TWC cable systems will have a bandwidth capacity of at least 550 MHz within five years after the Effective Date. At least 50% of all TWC subscribers will-be served by a system with a capacity of at least 750 MHz, of which at least 200 MHz is expected to•be.allocated to digital distribution. fiber- to-the -node architecture will be deployed to improve signal quality and reliability of such systems. At least 60% of the new analog services added during the term of the Contract will be added to the CPST and not to BST, IIPT or MPT.. On average (weighted by,CPST subscribers), CPST service offered on the upgraded systems will contain at least '15 additional channels by the end of the Contract. TWC agrees to invest S4 Billion in capitat;costs in connection with the upgrade of its cable. systems.' At least 60% of all capital expended in connection with the upgrade commitment described herein shall be applied for the benefit of BST and CPST subscribers. TWC has - selected, and will'select, its systems to be upgraded .without`discriminotion based on socio- economic status. 2. No Impairment Of Local Authority: Nothing herein shall restrict :the legal authority of LFAs to negotiate upgrades for their particular franchise•oreas which exceed the scope of this Contract. 3. Reporting Requirements. No later than 90 days following,the end of each calendar year during all of . which the Contract is-in effect, -.,and within 90 days following the end of the last month following expiration of this Contract other than calendar year end, TWC will provide a. progress report to the FCC, for the year or such shorter• period then ended during which this Contract was in effect, setting forth-the extent of progress TWC has made to upgrade - - systems in compliance with Section III.F.1.; the nunber of BST and CPST subscribers benefitting from such upgrades; system reliability and service improvements resulting from such upgrades completed during the previous calendar year; and•TWCOs projected system upgrade activities during -the following year of the Contract. Such report will be served on each LFA. The.FCC reserves the right to inspect the books and records of TWC and interview corporate employees for the purpose of determining compliance with this Contract.. 4. CPST Rates Subject To Price Cap. a. Begiming January 1, 1996, TWC will be permitted to increase the monthly rates for the,most highly penetratedCPST on each of its systems by $1.00 during each.year of -this Contract.. These rate increasesr have been. established at a level designed to recover solely those costs allocable to BST and CPST subscribers. b. During the life of this Contract, the.only other permitted increases to CPST rates will be.for. inflation and increases in external costs. In particular, during the term of this Contract,.TWC will not avail itself of any additional per - channel adjustment permitted by the Going Forward Rules for,any programming services added to the' CPST after the Effective Date hereof. Except as to TWC systems which had already commenced a roll out of the addition of channels to CPST and associated per channel adjustments pursuant to the Going Forward.RULes prior to the Publication Date, any per channel adjustments implemented pursuant to the Going Forward Rules by any TWC systems for services added by such systems after the Publication Date, but prior to the Effective Date, shall be netted against the - initial CPST adjustment authorized by Section III.F.4.a. above. Upon implementation of any.such initial CPST. adjustment, net of,a m ny per..chael adjustment taken by such TWC systems which have added services after,the Publication Date, such TWC systems will be allowed to concurrently adjust CPST rates to reflect any License fees not already passed through,to subscribers associated with any such services added to such systems after the Publication Date. TWC will not seek to -pass through to subscribers any additional capital costs relating to the upgrade requirement in this Contract pursuant to any provision of the Commission's rules, including, but.not,Limited to, any.rules or policies adopted by the Commission. relating to the pass through of external costs, upgrade incentives, or cost -of- service. TWC reserves the right to seek to pass through additional capital costs associated with, any upgrades specified by any franchise agreement, local. law, regulation or ordinance which exceed the, requirements of this Contract. Nothing herein shall affect the ability of TWC to implement any New Product Tier ( "NPT "), add channels to any. such NPT, or establish rates for any such NPT, subject to the FCC Going Forward Rules, or to implement any MPT permitted.by the terms of this Contract. S. Failure To Meet Target. If TYC fails to meet the upgrade requirement so as to provide the bandwidth capacities described in Section III.F.1. of this Contract within.-the-term provided for therein, the then existing CPST subscribers to the cable systems as to which such commitment has not been met will be entitled to refunds (in the form of prospective bill credits) of the increases (net of inflation and external cost adjustments) in CPST rates taken under Section I11.F.4.a. of this Contract, plus interest computed in accordance with FCC. requirements for subscriber refunds, and 'a liquidated damages penalty of 15%.of such refund amount.'' 6. Adjustments ,To Systems Subject To Contract. a. TWC shall include any cable systems acquired from CV1 within -,the provisions of this Contract, provided that the CPST settlement provisions of this Contract shall not apply until any applicable settlements are mutually agreed upon between TWC and the Commission. Addition of any other TWC systems within the provisions of this Contract shall be subject to FCC approval, which will be expeditiously decided and not be unreasonably withheld. Each LFA representing any such system to be added to the provisions of this Contract shall be served with a copy of the Contract and shall be afforded a 45 -day opportunity to opt out of the lifeline BST provisions in accordance with Section III.A.l.a. of this Contract. The provisions of. this Contract will become effective as to any such additional system upon such notification to affected LFAs, which date shall became the Publication Date as to such system, and the provisions of this Contract shall extend for a period of five years from that date. b. In the event of a sale of any system. during the period of applicability of this Contract, the purchaser may elect, with the concurrence of the FCC, for the provisions of this Contract to continue to apply to such system. Such FCC concurrence 'shall be expeditiously decided and not be unreasonably withheld. In the event the purchaser . elects not to have.-the provisions of this Contract apply to any such system, the CPST subscribers to such system shalt be eligible for the refunds calculated pursuant to Section III.F.S, in the event the upgrade commitment described.in Section III.F.1. has not been completed prior to the consummation of such sale. C. The upgrade capital costs set forth in Section 1II.F.1, of this Contract shall be adjusted, as mutually agreed to by TWC and the Commission, to reflect any addition or deletion of systems subject to this Contract. The approval from the Commission of such adjustment shall be expeditiously decided and not be unreasonably withheld. G. BST And CPST Rate Stability. 1. In the event the FCC establishes regulations allowing annual adjustments to BST and CPST rates; with procedures designed to reduce regulatory lag, TWC agrees to be bound by such regulations and to elect to adjust BST and CPST rates on an annual basis pursuant to such regulations, provided, however, TWC shall not be delayed in implementing its annual adjustments to CPST rates as set forth in Section III.F.4. due to regulatory lag related to the BST rate approval process. 2. TWC will not elect to file cost -of- service showings to justify BST or CPST rate levels above the level authorized by this Contract for any system subject to this Contract for the term hereof. H. Additional Consumer Benefits. 1. Service To Public Schools. a. TWC shall offer service connections at one outlet in 100% of the public schools (Grades K-12) located within 200 feet from the activated plant of its cable ,systems. Such connections will be made free of charge and as promptly as possible to all such schools requesting connections. TWC will offer such service connections to any other such public schools located•within its franchised service areas at Cost. If any internal wiring installation is requested to serve additional outlets in such schools, it will be provided at TWC's Cost of materials and labor at the applicable Hourly Service Charge; provided, however, that such internal wiring will be provided without charge if TWC is able to coordinate with other comparable electrical wiring installation in cases of new construction or substantial rehabilitation of existing schools. Any such public school may elect to install its own internal wiring and to bear the cost thereof. BST and CPST service will be.provided to each outlet in such schools free of any charges. b. TWC shall offer service connections, including any requested internal wiring for additional outlets, at Cost to env private Secondary School, as defined by, and which r e the Elementary and Secondary Education A t of 1965 20 U.S.C. "U 241a et_sen , e ich is located within 200 feet from the activated plant of its-cable systems. BST and CPST service will be provided to each outlet in such schools free of any charges. TWC will offer such service connections to any other such private Secondary Schools located within its franchised service areas'st Cost. Any such private Secondary School may elect to install its own internal wiring and to bear the cost thereof. C. TWC will provide a free monthly educational program listing to each connected school. Additional copies of such program listings will be provided, if. requested by a school, at Cost. Such educational program listing will identify and describe programming on the TWC system that is appropriate for use in the classroom and will provide suggested curriculum support ideas.. d.., TWC will develop and provide to corrected schools materials for teachers that explain the educational applications of TWC's broadband cable systems. The materials will include a self - explanatory notebook and video. One copy of such materials will be provided at no charge to all school districts with corrected schools in franchise areas served by TWC. Additional copies of such materials will be provided, upon request, at Cost. e., Upon successful development by TWC and Time Inc. of an on- line service for personal computers, TWC will provide each connected school with a free connection to this on -line service to the extent it is available on the local TWC cable system. Upon request, each corrected school will.receive one free modem and free access to the TWC /Tigre Inc. on -line service for use during the school year. Additional modems will be made available, upon request, at Cost. Free access to the TWC /Time Inc. on-line service' will be provided through each such We for use during the school year. in addition, TWC will sponsor a workshop in each franchise area to educate teachers about the TWC /Time Inc. on-line service and to provide them with an opportunity for hands -on training. f. To the extent a local franchise agreement contains an obligation to provide connections, to schools as agreed to' herein, TWC agrees not to seek to recover any such costs for these connections as external or other costs. 2. Name Wiring.` a. Prior to'a customer's termination of cable service, TWC will not restrict the ability of a customer to remove, replace, rearrange or maintain any cable wiring located within the interior space of the customer's dwelling unit, so long as such actions do not interfere with the ability:of such TWC system to meet FCC technical standards or to provide services to, and collect associated revenues from, that customer or any neighboring customer in a multiple dwelling context. b. TWC will provide customers with a' notification upon commencement of service, and arramity thereafter., advising them of their rights retating to home wiring. Such notice wilt advise'customers that they may either (i) remove, replace, rearrange or maintain the home wiring themselves, (ii) select a qualified third party ,contractor, or (iii) request the TWC system provide such service at standard hourly instatlation rates, plus materials at Cost. C. Such notice will inform customers that if any home wiring -is improperly installed or rearranged by anyone other than TWC, and any harmful or improper signal leakage occurs as a result, the customer may be held responsible for the Cost of rectifying the problem. Pursuant to FCC rules, TWC recognizes that it is required to terminate service to any location where signal leakage problems are not corrected. d. TWC customers will be encouraged to use high quality home wiring materials to avoid signal leakage and to maintain signal quality. Such notice wilt offer to supply such materials to subscribers at Cost. e. TWC will provide a model of this notice. to the FCC for approval prior to its dissemination to its customers, such approval not to be unreasonably withheld. I. Miscellaneous Provisions. 1. Modification And Termination. a. Except as otherwise provided herein, this Contract may not be terminated or modified without the mutual agreement of TWC and the Commission. b. TWC may petition the Commission to modify or terminate this Contract based on any relevant change in applicable laws, regulations or circumstances. TWC will serve a copy of any such modification or termination petition, and the FCC Public Notice relating thereto,, on the LFAs for the affected systems. In no event shall TWC be required to make more than one mailing to each LFA for any given modification or termination request. Interested persons will have 30 days after the FCC releases an appropriate Public Notice to comment and 15 days for reply comments before the FCC acts an any such TWC petition. The FCC's consent to any such termination or modification petition shall be demonstrated by an order issued by the FCC's Cable Services Bureau or at the FCC's option by the Commission itself. The FCC shall act expeditiously on such petition and grant of the petition shell not be unreasonably withheld. C. In the event of any changes to the provisions of the Act or any material changes to the FCC rules thereunder relating to rates (BST, CPST or equipment) that are favorable to TWC, any TWC system may elect to be relieved from the relevant rate provisions (Sections III.A.2., III.A.3., III.B., III.D., III.F.4. and III.G.) of this Contract accordingly, but shall remain bound by all other provisions of this Contract. In the event any such system elects to be relieved from such contract provisions in favor of such favorable regulatory provisions such system will only be allowed to recover any incremental amount that results under such favorable regulatory provisions in excess of any amount already recovered pursuant to Section IiI.F.4.a. of this Contract. Nothing herein shall restrict the ability of any TWC system to adjust CPST rates in the event CPST rates are not regulated based upon changes to the Act or FCC regulations. d. The Commission expressly recognizes that TWC has retied on the current federal law and FCC regulations governing cable television programming and rates in entering into this Contract, and that the Contract represents an accommodation odation between the FCC and TWC that generates substantial public interest benefits. Consequently, the Commission agrees not to find -any CPST or equipment rate adjustments implemented in accordance with this Contract to be "unreasonable" under any subsequently - modified FCC regulations or under any subsequently-modified applicable statute, to the extent the Commission has discretion under such statute in determining whether any such rate adjustments are unreasonable. 2. Authority To Enforce Contract. a. Nothing in this Contract shall restrict the ability of LFAs to enforce the provisions of otherwise valid local franchise agreements, local laws,, regulations and ordinances that are not the subject of or affected by the terms of this Contract, except that LFAs may not regulate rates or order refunds for the services and equipment subject to this Contract except in accordance with the terms of this Contract. Nothing herein shall affect the enforceability of any otherwise valid preexisting local franchise agreement, ordinance, local law or regulation which provides benefits which exceed those provided in this Contract relating to system upgrades or the wiring of schools, nor shall LFAs be restricted in their authority to negotiate for such additional benefits after the Effective Date of this Contract. It is not the intent of either the FCC or TWC that this Contract create any - judicially enforceable rights in any other parties. This Contract shall be enforceable against TWC by the FCC exclusively and no other party may seek to- enforce this Contract as a third party beneficiary or otherwise, except that subscribers to TWC systems which increase their CPST rates will still have the right to file complaints with the FCC to the extent permitted under applicable FCC rules. b. For purposes of the Commission's authority to enforce any provision of this Contract against TWC, including enforcement actions brought in U.S. District Court, TWC agrees that.any breach of this Contract by TWC shall be considered the equivalent of a violation of an.order of the FCC, entitling the. Commission to exercise any rights and remedies attendant to the enforcement of a Commission order. However, aside from this limited purpose, TWC and the FCC agree that a breach of this Contract by TWC is not to be considered.by any other'party,as the equivalent of a violation of an otherwise- valid FCC regulation or FCC order. in particular, any failure to comply with this Contract shall not be a -basis for any denial of a franchise renewal by, or other enforcement action.of, any LFA. 3. All Necessary Waivers And Preemptions Deemed Granted. a. In addition to the specific waivers of,the Commission +s . rules identified in the Contract, the Commission order, adopting'this Contract shall affirmatively state that any and all waivers of the Commission's.rules, and any and all modifications to Commission forms,"necessary to effectuate the terms of this Contract are deemed to be granted thereby. The Commission finds that the concurrent exercise of non- federal regulatory authority over the subject matter of this Contract is an impermissible interference with the FCC's regulatory authority and with its ability to accomplish its-objectives in entering into this Contract. Accordingly, the Commission hereby expressly preempts any state or local law, regulation, ordinance or franchise that is inconsistent or conflicts with this Contract. The Commission will not assert in any proceeding that TWC's compliance with the terms of the Contract violates any Commission rule or order and, in any proceeding before the Commission brought by a third party, a showing by TWC that'it has complied with the terms of the Contract shall constitute a defense to any claim that TWC1s actions in meeting the terms of. the Contract constitute a violation of any applicable Commission rule or order. b. CPST rate increases referenced in Section III.-FA., of this Contract will not be'subject to prior.FCC approval,pursuant to Section 76.960 of the FCC rules or otherwise, even if an adverse decision has been issued by the FCC as to any TWC CPST rate in the year prior to the Publication Date. Subscribers to TWC systems which increase their CPST rates still have the right to file complaints with the FCC to the,extent permitted under applicable FCC rules. 4. Effect On.Other Proceedings. a. The Commission agrees that it will not institute, on its own motion, any proceedings against TWC based upon the information obtained during the consideration of the Contract. In addition,A n the absence of additional facts, the COMMission agrees that any allegations and other circumstances involved in consideration of this Contract or settlement of the pending rate cases will not be used against TWC with respect to any future proceedings at the Commission. Nor.may they be used against TWC as evidence of any refund liability due subscribers in any proceeding conducted by any LFA. b. This Contract is.intended to resolve the CPST complaints being settled in accordance with Section III.C.; to provide certainty regarding the CPST rate adjustments determined to be reasonable in accordance with Section I11.F.4.; and to otherwise cover those matters expressly set forth herein. 'The Commission and TWC acknowledge the existence of various lawsuits to which they are both parties. The Commission and TWC agree that this Contract shall have no effect on any pending lawsuit to which TWC is a party or, subject to Section 111.1.7., on any future challenges to'the Commission's regulatory authority that TWC may elect to initiate, other than a challenge to the Commission's regulatory authority to enter into and enforce this Contract. C. The Commission expressly recognizes that this Contract is of Limited duration and scope, and may be modified or terminated before its term has ended as provided for in Section II1.1.1. of this Contract. Accordingly, the Commission.and TWC agree that this Contract does not moot any legal challenge or defense relating to any provision of the Act or to the Commission's regulatory authority that TWC has brought or may bring in the future, other.than a challenge to the Commission's regulatory authority to enter into and enforce this Contract. The Commission will not seek to dismiss any such legal challenge on grounds that this Contract renders such challenge moot and will actively oppose any assertion in court that this Contract moots-.any such challenge. 5. No Admission Of Wrongdoing. This settlement is without a finding by the Commission of any wrongdoing by TWC or any of its systems, subsidiaries or'affiIiates. Neither this Contract nor any aspect of the settlement contained herein constitutes -an admission by TWC of any violation of, or failure to conform.to or comply with, any law, rule or policy applicable to TWC or any of its systems, subsidiaries or affiliates: 6. Contract In Public.Interest. In consideration of the Commission entering into this Contract, and resolving and terminating pending -CPST cases and complaints in accordance with the terms of this Contract, TWC hereby agrees to the terms, conditions and procedures contained in this Contract. TWC and the Commission each acknowledge that it believes this Contract, and the terms, conditions and procedures hereof, provide.for and will facilitate a fair and expeditious . resolution of the cases and complaints that are.the subject hereof in a manner that serves the public interest. 7. Legal Challenges. a. TWC waives any right it my, have to any judicial review or appeal, or any other right to otherwise challenge or contest the validity of any order by the Commission adopting this Contract, or to use this Contract-as evidence, in any such proceeding. TWC agrees that the provisions of this Contract shall be incorporated by reference in the Commission's order formally approving this Contract. TWC and the _ . Commission agree that they will each actively defend, before any forum, any.Commission order adopting the provisions of this Contract against any appeal of or other legal challenge by any third party to any such order. TWC and the Commission each agree that they will reasonably cooperate'with the other in any such defense of the Contract and.any such order. b. If the Commission, or the United States on behalf of the Commission, brings an action in any United States District Court to enforce the terms of any Commission order adopting this Contract, TWC agrees,, subject to the terms of the immediately preceding 'paragraph, that it will not contest the validity of such Commission order, or the Commission's authority to enter into the Contract. TWC reserves the right, in defense of such an enforcement action, to demonstrate that it has complied with the provisions of the Contract or to assert its own interpretation regarding any performance obligations imposed by the Contract which'may=be subject to dispute. 8. Effective Date And Term. a. The term of -this Contract shall commence on the Effective Date and, subject to Section III.I.1. above regarding modification and termination and Section III.F.6. above regarding adjustments to systems covered,.shaLL continue in effect for five (5) years. b. TUC and the Commission agree to execute this Contract as of the Effective Date promptly upon issuance by the Commission of an order approving this Contract. C. The Commission and TWC expressly acknowledge and agree that the effectiveness of this Contract is contingent upon resolution and termination of.TWC ,1s CPST proceedings; issuance by the Commission of an order approving the Contract, and TWC's compliance with the terms, conditions, and procedures set forth in the Contract. If . this Contract is not approved by Commission order and accepted by TWC, or if the Contract is otherwise rendered invalid, in whole or in part, by final order of any court of competent jurisdiction, the Contract or such part may not be used in any fashion by the FCC in any " Legal proceeding. d. TWC may commence any necessary or appropriate actions to initiate the rate adjustment processes embodied in this Contract at any time after the Effective Date, provided, however, as to any systems listed on Appendix A, TWC shall not implement any rate adjustment pursuant to Section III.F.4.a. of this Contract unless the Refund provided for in Section III.E. has been issued as to such•system, or the issuance of such Refund begins simultaneously with such rate adjustment., All Refunds will be issued within six months of the first rate adjustment implemented pursuant to Section III.F.4.a. To facilitate prompt initiation of the refunds and rate adjustments authorized by this Contract, any local franchise agreement or any state or local law or regulation is preempted on a one -time basis to the extent that it requires TWC to give'advance notice of rate and service;changes to subscribers. Such notice shall be provided by, the best means practicable, such as newspaper announcements and /or on- screen messages. Such preemption shall be limited to the period prior to February 1, 1996..If TWC is unable to commence implementation of such refunds and rate adjustments by January 1, 19%, but commences such implementation on or before February 1, 1996,'it shall provide'at least thirty days notice to LFAs and subscribers. If any subscribers cancels his or her subscription to the relevant CPST within thirty days after the date of the first bill reflecting the CPST adjustment authorized by this Contract, TWC will refund to that subscriber the incremental amount attributable to such increase. 9. Public Notice. The Commission will issue promptly a•Public.Notice in which the Commission proposes to adopt the Contract as a final order, and shall provide.interested parties with thirty (30) days to comment on the Contract and an additional fifteen.(15) days in which to fit e'reply comments. 10.' Force Majeure. TWC shall not be deemed in breach of Ats commitments under this Contract in the event of any delay or failure in performance by any TWC system from any cause beyond . its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, "`strikes, power blackouts, unusually severe weather "conditions, or. inability to secure Local permits after all diligent efforts by TWC to secure such permits. 11. Severability: If any provision, clause or part of this Contract is invalidated by order of any court having proper jurisdiction over the subject matter of this Contract, the.remainder of this.Contract shall not', be affected thereby and shall remain in full force and effect; provided, = ;'however, that, if either party, reasonebly.determines that such invalidation is material to this Contract, the parties shall negotiate in good faith to reconstitute the Contract in a form that i,s, to the maximum extent possible, consistent with both the original intent of both parties in entering into this Contract and the rationale.of such invalidation order. 12. Entire Understanding. This Contract and its appendices, as either or both'may be amended-in accordance with the terms herein, constitute the entire agreement between TWC and the Commission with respect to the subject matter of this Contract and supersede all prior, agreements and understandings, whether oral or written, between TWC and the Commission with respect to the subject matter of this Contract. No representation, warranty, promise, inducement, or statement of intention has been made by TWC or the Commission which is not embodied in this Contract; and neither party shall be bound by,' or be liable for, any alleged representation, warranty, promise, inducement, or statement of intention not . embodied in this Contract or its appendices. IN WITNESS WHEREOF, this Social Contract has been duly executed and delivered by or on behalf of the parties hereto as of the Effective Date as defined herein. TIME WARNER ENTERTAINMENT_ COMPANY, L.P. FEDERAL COMMUNICATIONS COMMISSION By: By; Name: Name: Title:" Title: TWI CABLE INC. By: Name: Titles TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP By: Time Warner Entertainment Company, L.P. Managing Partner By: Name: Title:2838 1.51 APPENDIX A COMMUNITY CUID REFUND Rockledge. .. • . . . . . . .FL0007 . . . . . . . . . $5,171 Indian Harbor Beach . . . . . . .FL0009 . . . . . . . .2,384 Melbourne . . . . . . . . . . . . . FLOO13 . . . . . . . . . 14,362 Melbourne . . . . . . . . . . . . . FLOO14 . . . . . . . . : 30,759 Volusia County . . . . . . . . .FL0015 . . . . . . . . . 12,505 Palm Bay*. ... . . , . . . . . . .FL0017 . . . . . . . . . 89,135 West Melbourne . . . . . . . . . .FL0021.. . . . . . . .. .2,198 Cape Canaveral . . . . . . . . .FLO163 . . . . . . . . . .1,557 Melbourne . . . . . . . . . . . . . FLO165 . . . . . . . . .717 Or l ando. . . . . . . . . . . FL0181 . . . . . . . 18,770 -St. Petersburg . . . . ... :FLO196 . . . . . . . . . 63,508 Brooksville. . . . . . . . . :FL024O . . . . . . . .3,270 Orlando. . .FL0252 . . . . . . . 34,089.- Lakeland . . . . . . . . . . .FLO290 . . . . . . . .6,200 Brooksville. . . . . . . . . . . .FL0312 . . . . . . . . . .6,500 Brooksville. . . . . . . . . . . .FL0314 . . . . . . . . . .8,217 Sandford . . . . . . . . . . .FL0322 •. . . . . . . . 14,787 Brooksville. . . . . . . . . . . .FL0597 . . . . . . . . . .3,107 Belleview. . . . . . . . . .FLO622 . . . . . . . . . .7,763; Salem. . . . . . . . . . ... . . •.MA0063,. . . . . . . . . 11,274 Melrose . . . . . . . . . . . . MA0097 . . . . . . . . . .5,080 Stoneham . . . . . ... . . .MAO101 . . . . . . . 322 Kansas City. . . . . . . . . . . .MM198 . . . . . . . 78,801 Jackson* . . . . . . . . . . . . .MS0080 . . . . . . , . .164,400 Clinton* . . . . . . . .NS0128 ... . . . . . . . 54,208 Salisbury, including:. . . . . .N00015 . . . . . . . . . 22,981 East Spencer. ... . . . . . . .NCO285 Spencer . . . . . . . . . .NCO158 Granite Quarry. . . . .NCO407 Rowan County (central). .NC0385 Rockwell. . . . . . . . . . .NCO677. Faith . . . . . . . . . .NCO676 Cleveland . . . . . . . .NC0574 Wilmington, including: . . . .N00016 . . . . . . . . .106,115 Wrightsville Beach. . . . . .N00041 New Hanover County. . . . . . .NCO140 Leland. . . . . . . . . . . .NCO695 Navasai . . . . . . . .NCO692 Shelby, including: . . . . . . . .N00027 . . . . . . . . . 20,516 Cleveland County. . . . . . .MCO279 Polkville .. . . . . .MC0521 *CPST rate reduction required. Patterson Springs . . . . . . .NC0522 , Lawndate. . . . . . . . .NC0523 Fallston. ... . . .NC0524 Boiling Springs . . . .NC0529 Grover. .NC0694 Earl. . . . . . . . .MC0693 Waco. ." . . . . . . . . . . .NC0756 Lattimore . . . . . . . . . .NC0757 Mooresboro. . . . . . . .MC0816 Belwood . . . . . . . . .MC0839 Casar . . . . .NC0843 Yitmington- Southport,including: .NC0167 ... . . 29,732 Caswell Beach . . . . . . . . .MCO228 Holden Beach. . . . . . . . '. .MCO294 Long Beach. . . . .NCO227, •_ Ocean Isle Beach. . . . . . .NCO270 Yaupon Beach. . . .NC0172 Boiling Springs Lakes . . . . .MC0862 Brunswick County. . ... . . . .MCO229 Morehead City, including:. . . .NC0168 . . . . . . 39,706 Atlantic Beach. . . . .MC0197 Beaufort. . . . . . . . . . . .NC0196 Cape Carteret . . . . . . .NCO200 Cedar Point . . . . . . . . . .NC0815 Cartaret County . . . . . . . .NCO202 Emerald Isle. . . . . . . .MC0199 Newport . . ... . . ... . .NCO201 , Pine Knoll Shores . ... . . . .NC0198 Swansboro . . .NCO203. Indian Beach. . . . ". . . . . .NCO282 Onslow County.. . . . . . . . .MC0384 . •Craven County ... ... .NCO205 Havelock. . . . . . . . . . . .MC0170 Maysville . . ... . . . . . . .MC0585 Pollocksville . . . . . . . . .MC0583 Jones County. . . . . . ...NC0584 Karnapolis, including: . . . . . .NC0193 . . . . . . . . 41,358 Cabarrus County . . . . . . . .MC0174 China Grove . . . . . . . . .MCO284 Concord_. . . . . . . . . . . :MC0173 Harrisburg. . . . .MCO287 Landis. . . . . . .NCO288 Rowan County. .NC0194 Mt. Pleasant. . . . . . . .MC0455 Albemarle, including:.. . . . . .NCO286 . . . . . . . . . 15,990 Stanly County . . . . . . . . .MC0515 . Norwood . . . . . . . . . .MC0519 Mt. Gilead. . .. . . . .NC0530 Locust. . . . . . . . . .NCO518 Richfield . . . • . . .NCO508 Oakboro . . . . . . . . . . .MC0517 New London. . . . . .MC0507 Stanfield . . . . .MC0520 Mecklenburg, including:. . . . . .MC0405 . . . .121,204 Charlotte . . . . . . . . . . .MC0755 Mint Hill . . . . . . . . . . .MC0504 Pineville,. . . . . . . . . .MC0505 Matthews. . . . . . . . . . . .MC0691 Weddington. . . . . . . . .NCO720 Lancaster County. . . . . .SC0372 - - Cabarrus County . . . . .MC0174 Wilmington- Surgaw, including:. . .NCO408 . . . . . . . . .8,719 Pander County - AC0409 Weddington . . . . . . . . . . . .NCO720 . . . . . . . .3,042 Lincoln. . . . . . . . . .. . ME0032 . . . . . . . . . 233,263 . Nashua . . ., . . .NN0034 . . . . . . 60;935 Fort Lee,. including: . . . . .NJ0082 . . . . . . . . .129,719 Cliffside Park. . . . . . .MJ0232 Edgewater . . . . . . . . .NJO092 Englewood . . . . . . . . .NJ0251 Englewood Cliffs. ., AJ0208 Fairview. . . . . . . . . . .NJ0253 Guttenberg. . .NJ0338 Leonia. .NJ0431 Little Ferry. . . . . . . . .NJ0339 Moonachie . . . . . . . .NJO427 Palisades Park. . . . . . . . .NJ0252 Ridgefield. . . . . . . . .NJ0203 Ridgefield Park ... . .NJ0254 Teterboro . . . . . . . . :NJ0484 ` Upper Manhattan *. . . . . . ..MY0104 . . . . . . .599,837 Binghamton,.including: . . . .MY0133 . . . . .219,198 Town of Binghamton. . . . . . .MY0132 Chenango. . . . . . . . . . . .NY0134 Conklin . . . . . . . . . . . .MY0135 Dickinson . . . . . . .MY0136 Fenton. . . . . . . . . .MY0137 Kirkwood. . . . . . . . ... . .MY0139 *CPST rate reduction required. Maine . . . . . . . . . . .MY0251 Nanticoke . . . . . . . . . . .MY0983 Owego . . . . . . . . . . . . . MY0403 Union . . . . . . . . . . . . .MY0402 Vestal. . . . . . . . . . . .MY026o Newark Vly. . . . ... . . . . .NY1650 Endicott. . . . . . . . . .MY0249 Johnson City. . . . . . . . . .NY0138 Port Dickinson. . . . . . . . .NY0140 ; Lower Manhattan. . . . . . . . . .MY0234 . . . . . .180,360 Co l oni e . . . . . . . . . . . . . . NY0336 . . . . . . . ... .4,219 Albany . . . . . . .NY0338 . . . . . . .6,141 E. Syracuse, including:. . . . . .NY0329 . . . . . . . .300,822 Brutus. . . . . . . . . . . .NY0955 Town of Camillus. . . . . . . .NY0333 Town of Cato. . . . . . . . . .NY1501 Cicero . . . . . . . . . . . . . MY0372 Clay. . . . . . . . . . . NY0373 De Witt .NY0328 Town of Elbridge. . . . . . .NY0883' Geddes . . . . . . . . . . . . . NY0327 Ira . . . . . . . . . . . ... .NY1504 LaFayette . . . . . . . . .NY0881 Lysander. . . . . . . . . . . .NY1367 Town of Manlius . . . . . . . .NY0330 Town of Marcellus . . . . . . .NY0647 Mentz . . . . . . . . . .NY1366 Onondaga . . . . . . . . . . . . NY0707 Otisco. . . . .NY1533 Pompey. . . . . . . . . . . . NY 1057 Salina. . . . . . ... . .NY0346 Skaneateles . . . . . . . . . .NY1211 Town of Tully.. . . . . . . . .NY1368 Van Burken. . . . . . . .NY0715 Village of Camillus . . . . . .NY0334 Village of Cato . . . . . . . .NY1503 Village of Elbridge . . . . . .NY0884 Fayetteville. . . . . . . . . .NY0332 . Jordan. . . . . . . . . . .NY0882 Liverpool . . . . . . . .NY0326 Village of Manlius. . . . . . .NY0369 Village of Marcellus. . . . . .NY0848 Meridian. . . . . . . . . . . .NY1502 M i noa . . . . . . . . . . . . NY0331 N. Syracuse . . . . . . . . . .NY0546 Phoenix . . . . . . . . . .NY0720 Port Byron. . . . . . . . . . .NY0981 Solvay. . . . . . . . . .NY0671 Village of Tully . . . . . . .NY1194 Weedsport . . . . . . . . . . .NY0915 Troy, including: . . . . . . . . .MY0352 . . . . . . . . .182,844 Cohoes. . . . . . . . . . .NY0582 Mechanicville . . . . . . . . .NY0643. Brunswick . . . . . . . . . .NY0509 Clifton Park. . . . . . . . . .NY0668 E. Greenbush. . . . . . ... . .NY0596 _ Halfmoon. . . . . . . . . .NY0742 Pittstown . . . . . .MY1534 Town of Schaghticoke. . . . . .MY0796 Town of Stillwater. . . . . . .MY0836 Town of Waterford . . . . .MY0589 Village of Schaghticoke . . . .MY09% Village of Stillwater . . . . .NY0837 Valley Falls. . . . . .MY1167 Village of Waterford. . . . . .MY0588 Penfield . . . . . . . . . . . . .MY0414 . . . . . . . .6,662 Gates . . . . . . . . . . . . . . . MY0415 . . . . . . . . . .5,089 Greece . .. . . . . . . . . . . . .NY0416 . ... . . . . . . 21,079 Rochester . . . . . . . . . . . . . NY0769 . . . . . . . . . 42,908 Ogden. . . . . . . . . . . . . NY 1062 . . . .2,704 Brooklyn /Queens* . . . . . . . ...NY1340, 1280, 1281, 14021,210,552 I rondequo i t . . . . . . . . . . . . NY0751 . . . . . . . . . 13,789 Perinton . . . . . . . . . . . . .MY0413 . . . . . . . . . .9,787 Brighton . . . . . . . . . . . . .MY0764 . . . . . . . . . .8,071 Columbus . . . . . . . . . . . .ON0239 . . . . . . . . . 32,330 Westerville. . . . . . . .OH0517 . . . . . . .3,727 Columbus . . . . . . . . . .. . .OH0532 . . . . . . . . . .1,703 Reading. . . . . . . . . . . .PA0006 . . . . . . . 34,753 Shillington. . . . . . . . . . . .PA0011 . _ . . . . . . . .1,821 Monroeville* . . . . . . . .PA1775 . . . . . . .,25,324 Florence, including: . . . . . .S00015 . . . . . . 97,072 Darlington. . . . . . . . . .S00014 Darlington County . . . . . . .SCO115 Florence County . . . . . . . .S00057 Quinby. . . . .SCO191 Timmonsville. . . . .SCO192 Sumter, including: . ... . . .S00017 . . . . . . . . ..58,020 Shaw AFB. . . . . . . . . . .SCO102 Sumter County . . . . . . .SCO116 *CPST rate reduction required. Pinewood. . . . . . . . .SC0390 Nayesville. . . . . . . . . . .SCO431 Austin . . . . . . . . . . .TX0029 . . . . . . :111,633 Wichita Falls. . . . . . . . . . .TX0483 . . . . . . . 16,033 Leander. . . . . . . . . . . .TX1422 . . . . . . .7,533 Reston . . . . . . . . . .VA0046 . . . . . . . . 17,421 Williamsburg *. . . . . . . . . . '.VA0074 . . . . . . . 23,940 Green Bay. . . . . . . . . .WI0234 . . . . . . . 37,857 Greenfield . . . . . :W10323 . . . . .4,903 Halals Corner. . . . . . . . .W10420 . . . . . .1,823 Charleston . . . . . . . . . .WV0104 . . . . . 5,762 54,768,081 - *CPST rate reduction required. 28381.51 APPENDIX B REGIONAL EQUIPMENT AREAS Appleton /Green Bay, WI Milwaukee, WI Bakersfield, CA Minneapolis, MN Birmingham, AL National Division - East Boston, MA National Division - West Eastern Pennsylvania Division Maine Division Ficride Divisions New York City Division Niwaii Division New York State Divisions Illinois /Indiana Division North Caroline Divisions Indianapolis, IN Ohio Divisions Jackson /Monroe, MS Portland, OR Kansas City, 140 - San Diego,..CA Lincoln, WE Shreveport, LA Los Angeles, CA Texas Divisions Memphis, TN Western Pennsylvania Division EXHIBIT C+,; '588638 Franchise Agreement Ordinance October 16, 1996 - Page 23 TO: Mayor & City Council REQUEST FOR PURCHASE FROM: John Keprios, Director, Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000 nATF• ArMhor in iaan Ar_ =tinA ITCee V A II ITEM DESCRIPTION: Sod for Braemar Soccer Field Company I. Fricke & Sons Sod Farm 2.Rehbein Company, Blaine 3.Doug Kloos Sod, Chaska RECOMMENDED QUOTE OR BID: Fricke & Sons Sod Farm $6,400 Amount of Quote or Bid 1. $6,400 2. $6,960 3. No Bid Budget Acct No: P054 -4562 GENERAL INFORMATION: This is a park bond improvement. 8000 yards of sod to be laid at Braemar Soccer Field. Sigrtat The Recommended Bid is within budget not within Kenneth Park and Recreation Finance Director , City Manager TO: Mayor & City Council REQUEST FOR PURCHASE FROM: John Keprios, Director, Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000 DATE: October 11, 1996 AGENDA ITEM v •B ITEM DESCRIPTION: Roof replacement and decking repair at Creek Valley School Park warming house /well house. Company 1. Nieman Roofing Company, Inc. 2. Central Roofing Company 3. Dalbec Roofing, Inc. 4. John A. Dalsin & Sons, Inc. 5. McPhillips Bros. Roofing Company RECOMMENDED QUOTE OR BID: Nieman Roofing Company, Inc. $32,000 for roof replacement and $3.50 /sq.ft for decking. Amount of Quote or Bid Roofing Decking 1. $32,000 $3.50 /sq.ft 2. $35,037 $3.25 /sq.ft 3. $36,000 $6.50 / sq.ft 4. $42,794 $5.00 / sq.ft 5. $87,780 $7.60 / sq.ft Budget Acct No: GENERAL INFORMATION: Nieman Roofing Company, Inc. is recommended by the Kurt Reed of Roof Spec, the consultant for Park Department. The cost of this project will be shared by Park Department bond fund and the Engineering Department. The Recommended Bid is 'i within budget Park and Recreation not within by dget -Joh), Wallin, F' ance Director Kenneth Rosland, City TO: Mayor& City Council REQUEST FOR PURCHASE FROM: John Keprios, Director, Edina Park and Recreation Department VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000 n,&TF• [letnhor 4R lQQR er_ =Kine 1 rCRA V.C. ITEM DESCRIPTION: Playground equipment for Strachauer Park Company Amount of Quote or Bid 1. Flanagan Sales, Inc. 1. $34,433.28 2. Earl F. Anderson 2. $38,893.00 3. 3. $ RECOMMENDED QUOTE OR BID: Flanagan Sales, Inc. $34,433.28 Budget Acct No: P072 -1300 GENERAL INFORMATION: Equipment for Strauchauer Park's new playground. This development is part of the Park Bond projects. ,Sig ature The Recommended Bid is x within budget not within Kenneth Ro Park and Recreation Department k WaIIln7 Finance Director City Manager ti REPORT/RECOMMENDATION TO: MAYOR AND COUNCIL Agenda Item # VLA FROM: CRAIG G. SWANSON Consent ❑ TRAFFIC SAFETY Only ❑ Information DATE: OCTOBER 21, 1996 ❑ Mgr. Recommends To HRA SUBJECT: 0 To Council TRAFFIC SAFETY STAFF REVIEW Action ❑Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Motion to adopt report. Information /Background: Special note is made of items in Section C, (1) and (2). The staff is recommending that a traffic engineering consultant be retained to study the greater Country Club area. Neighborhood streets demonstrate the phenomenon of "cut through traffic" which increases volume during rush hour periods. TRAFFIC SAFETY STAFF REVIEW OCTOBER 14. 1996 The staff review of traffic safety matters occurred on October 14, 1996. Staff present included the City Engineer, the Police Chief, Assistant City Manager, the Traffic Safety Coordinator, and the Public Works Traffic Control Specialist. From that review, the below recommendations are provided. On each of the items; persons involved have been contacted and the staff recommendation has been discussed with them. They have also been informed that if they disagree with the recommendation or have additional facts to present, they can be included on the October 21, 1996, Council Agenda. SECTION A: Requests on which the staff recommends approval. (1) Request for warning signs in the area of McGuire Park. The staff recommends the installation of "Playground" signs on McGuire Road Brook Drive and W 69th Street in the area of McGuire Park. (2) Request for warning signs on W. 62nd Street in the area of Pamela Park. The staff recommends the installation of "Playground" signs on W.- 62nd Street near the south entrance to Pamela Park. (3) Request for a "Stop" sign at Benton Avenue and Stuart Avenue to promote safety for pedestrians and vehicles during school arrivals and departures. The intersection of, Benton Avenue and Stuart Street is a 'T' type intersection: Stuart Street constitutes the through leg of the, "T'. The southerly part of Stuart Street also functions'as the primary vehicle entrance to the northerly. parking lot of Countryside School. Busses and private vehicles bringing children to and from the school use this entrance. The intersection is uncontrolled. A field observation during the morning arrival time noted forty three (43) private motor vehicles, ten (10)' school busses, sand fourteen (14) pedestrian children using this entrance in a twenty (20) minute period. Temperatures were in the 60 0's F, with no precipitation at the time of the observation. The afternoon dismissal brings similar volumes with greater congestion due to a specific dismissal time. Also, some on- street Benton Avenue parking occurs TRAFFIC SAFETY STAFF REVIEW October 14, 1996 Page 2 (4 awaiting the dismissal. school .child: No accidents have been reported at the entrance. The staff discussed the possible solutions to enhance pedestrian safety. • Construction of a sidewalk along the west side of Stuart Avenue to separate pedestrians from vehicular traffic. . Installation of a "Stop" signori Benton Avenue at:Stuart. . • The installation of multiple crosswalks at the intersection with appropriate signage. • Restricting parking on Benton Avenue. • The use of school patrols at the intersection. • Installation of school warning signs on Benton Avenue with a 20 MPH advisory speed. After discussion on each of the alternatives the staff,concluded and recommends the installation of multiple cross walks at the intersection with accompanying warning signs, Additionally, the school administration should be contacted suggesting the use of school patrols at the crosswalks. „ Request for speed control on Code Avenue between Grove Street and Richmond Drive. A radar survey of the area found the northbound Code'Avenue traffic to be traveling faster than the normal residential pattern. The 85 percentile speed was 35 MPH. This may be accounted for by the downgrade of the roadway as the driver travels northbound. No signage or engineering solutions are apparent for the roadway. The staff recommends the Police Department visit the area during certain high profile times such as afternoons or weekends and conduct an enforcement Chi • i TRAFFIC SAFETY STAFF REVIEW October 14, 1996 Page 3 (5) Request for a crosswalk crossing W: 66th Street at West Shore Drive." The staff concluded and recommends the installation of a'crosswalk at the time of the W.' 66th Street reconstruction project. (6) Request for a yellow centerline stripe at the northerly curve of W. Highwood Drive west of the cul -de -sac. The staff recommends the installation of a centerline stripe on W Highwood Drive. SECTION B: Requests on which the staff'recommends denial of request. (1) Request for "Stop" signs on Mirror Lakes Drive at Ayrshire Boulevard and Northwood Drive. A similar request was entertained during June, 1996, and was subsequently heard by the Council. at that time. During the ensuing three (3) months the staff-, is of the opinion that conditions have not changed, and the request should be denied. (2) Request for restricted parking on the west side'of Beard Place in the area of Strachauer Park (continued from August, 1996). The staff surveyed the residents by mail on the issue. A_ total -of seven' (7) surveys were sent. Five (5) surveys were returned and one survey was - undeliverable. All five surveys returned did not want or recommend parking restrictions. Two (2) surveys identified driveway turnabouts as the problem. The staff. re'comm'ends denial of the request. 'Additionally, -the Park and ' Recreation Department should be encouraged to generate informative means to' create better harmony between park users and neighborhoods.' ' The item'should be reviewed again in April when 1997 schedules are set. TRAFFIC SAFETY STAFF REVIEW October 1.4, 1996 Page 4 (3) Request for,signage on Beard Court to prevent turnabouts. Beard Court is a public street maintained by-the City. It is appropriately marked and no additional signage would decrease traffic entering the area and /or turning about in driveways. (4) Request for "Yield" signs controlling eastbound traffic on Wilford Way and Upper Terrace as they intersect with West Shore Drive. The staff concluded that traffic entering West Shore Drive is of a very low volume and "Right of-way" is already defined by the "T' intersection law. The staff recommends denial of the request. (5) Request for multi -way "Stop" signs at Glengarry Parkway at Ayrshire. The staff reviewed the request in.light of the City of Edina's Multi -way Stop Sign Policy. The warrants contained within that policy were not met. The staff recommends denial of the request. SECTION C: Requests which are deferred to a later date or referred to others. (1) Request for traffic control (semaphore or multi -way "Stop ") at the intersection of Vernon Avenue and Gleason Road. ,The'staff discussed the request in light of the facts surrounding the intersection. Volumes are significant between the two collector roadways. Gleason Road carries nearly 8000 vehicles daily and Vernon Avenue carries, 5000.: . Vernon Avenue is stopped at Gleason Road. Gleason Road is the through street. During rush hours, considerable stacking occurs on Vernon Avenue. The speed limit on the Vernon /Gleason curve is 30 MPH, although most traffic exceeds that speed. Gleason Road at the intersection is a county road and the City does not have jurisdiction. The staff concluded and recommends that Hennepin County be requested to conduct warrant studies for multi -way stop signs, a traffic signal, and striping TRAFFIC SAFETY STAFF REVIEW October 14, 1996 Page 5 layout which would create a right turn lane and funnel traffic into one lane in each direction. (2) Request for traffic diversion and traffic calming on Arden Avenue between W. 50th Street and W. 52nd Street. The area was studied over the August- September time frame and a great deal of data,was developed. The general finding is that a degree of "cut through" traffic is generated `on the street due to congestion in the 50th and France area. An afternoon turning restriction could be placed on southbound Arden Avenue which would reduce volume for that street but more than likely would increase volumes on nearby streets. Generally, an action or restriction in one area manifests itself by changing conditions in nearby areas. This situation is not unlike problems that have occurred in the Country Club area north of W. 50th Street. The staff concluded that addressing individual streets does not take a comprehensive approach to greater neighborhood problems. The staff identified the Country Club area (the area south of W. 50th Street to include Bruce Avenue, Arden Avenue, Halifax Avenue, Indianola Avenue and W. 52nd Street), and the White Oaks area (to include Maple Road, W. 48th Street and W. 49th Street) all as having, or potentially having, a similar "cut through" problem. Having identified the area the staff further recommends that a traffic engineering consultant be retained to study traffic flow in the defined area and. recommend solutions. (3) Request for turning restrictions, "Stop" signs, and traffic calming on Maple Road. The staff found great similarity between this request and the Arden Avenue request described in Item C (2). That recommendation described an area to be studied which includes Maple Road. The staff recommends the same action which includes retaining a consultant study for area solutions. ►ZNA ' o Le N W f \ "tea TO: . Mayor and Council FROM: Craig Larsen DATE: October 21, 1996 SUBJECT: Minnesota Livable Communities Act Participation Recommendation: REPORUREC OMMENDATION Agenda Item # VI • B Consent Information Only ❑ Mgr. Recommends ❑ To HRA 0 To Council Action ❑ Motion 0 Resolution ❑ Ordinance ❑ Discussion Adopt Resolution authorizing continued participation in the Local Housing Incentive Account Program. Background Information: Adoption of the attached resolution notifies the Metropolitan Council that Edina intends to continue its participation in the program. This is essentially the same resolution adopted by the council last year. Participation in the program for 1997 carries a financial commitment of $51,543.00. This amount is known as ALHOA or the minimum yearly commitment to housing activities. The ALHOA expenditure is required for communities that wish to compEte for approximately $11 million in state grants. Housing related expenditures funded by Community Block Grant (CDBG) funds are credited towards our ALHOA amount. We currently budget $80,000 in CDBG funds for low income housing rehabilitation. In addition East Edina Housing Foundation provides another $80,000 for housing rehabilitation. Our current expenditures exceed our ALOHA amount. Consequently, no additional funds need be committed to comply with the program. Metropolitan Council Working for the Region, Planning for the Future DATE: August 8, 1996 TO: Communities Participating in theNWaV515Z—L—iVhPle Communities Act in 1996 FROM: Thomas C., McElveen, Deputy Direct SUBJECT: Certification of the Affordable and Life -cycle Housing O_ pportunities Amount - ALHOA Metropolitan Livable Communities Act The Livable Communities Act of 1995 (LCA) requires that the Metropolitan Council annually notify every municipality in the, region of its affordable and life -cycle housing opportunities amount ( ALHOA) for the following vr3r The ALHOA is an amount of expenditure by the community to support; or assist the development of affordable and life -cycle housing or maintain existing affordable and life -cycle housing. Expenditure of the ALHOA is required of communities that want to compete for access to over $11.0 million available annually through the LCA's three funding accounts.: The ALHOA is derived from the formula prescribed in the law involving market value, tax capacity, and tax rates provided to the Metropolitan Council annually by.the county assessor. There are a number of sources of local financial contribution that can be counted as an ALHOA expenditure. Some examples include— local financial contributions to housing assistance, development or rehabilitation'programs, the use of CDBG monies for housing activities or a tax levy to support a local or county HRA. The 1997 ALHOA for your community is the amount found in the shaded column on the enclosed ALHOA notification. As required by law, beginning in 1998, the Metropolitan Council must annually determine whether participating communities have expended this ALHOA during the previous calendar year. If not, the community may be required to distribute this ALHOA to the Housing Incentive Account or to their local or county HRA. If you, want to continue to participate in the LCA for 1997, you must inform the Metropolitan Council of your intention to do so prior to November 15. For your convenience, a model resolution regarding 1997 is enclosed. If you have any questions about the ALHOA, please call Guy Peterson at 291 -6418. If you have questions about participation in the LCA in 1997, please call the Metropolitan Council sector representative for your community as listed below: Anoka, Washington, and Ramsey Counties Dakota, Carver and Scott Counties Hennepin County Minneapolis and St. Paul UAKRUGER` PETERSONWART.DOC Dick Thompson 291 -6457 Carl Schenk 291 -6410 Tom Caswell 291 -6319 Guy Peterson 291 -6418 230 East Fifth Street St. Paul. Minnesota 55101 -1634 (612) 291-6359 Fax 291 -6550 An Fqual Opportunity Employer TDD /TiY 291 -0904 Metro Info Line 229 -3780 Affordable and Life -Cycle Housing Opportunities Amount For Edina Your ALHOA Amount for: Edina 1996 $0 Not required 1997 (Estimate) .$5.1,543 OOw '0o koot, RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistant to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life - cycle housing goals for each participating municipality, and f , WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year, and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate °in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes . section 473.254 only if. (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successt'ully negotiated affordable and life -cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the (specific municipality) hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. By: Mayor U:\KRUGER\PETERSON\MRES2.DOC By: Clerk REPORT/RECOMMENDATION TO: MAYOR &COUNCIL Agenda Item # FROM Consent POLICE CHIEF WILLIAM BERNHJELM Information Only DATE: OCTOBER 17, 1996 SUBJECT: Mgr. Recommends To HRA ® To Council TRAFFIC RADAR TRAILER Action Motion Resolution Ordinance Discussion At the last meeting, the Council asked for information about the traffic radar trailer that the Police Department proposed earlier in the 1997 budget process. We believe that this would be a cost - effective purchase and help us in several ways. The trailer is a self - contained unit that provides a digital readout of the speed of passing traffic. It can be deployed for two to three days at a time without recharging. It is used primarily as an educational tool to remind motorists of their speed and to allow residents to more accurately gauge the speed of passing traffic. We frequently receive complaints about speed in residential areas and this equipment would allow us to respond to those complaints without having to commit an officer to situations where enforcement is not likely to be effective. The computer option would allow us to gather speed and volume data at the same time. We had the use of a demo model last summer for two weeks and have recently borrowed this unit from the .State Patrol. We have received favorable comments from residents in each of the locations where it was used. The availability of the State unit on a regular basis is unlikely. Information is attached for the Kustom Signals version of the trailer. It is the preferred vendor due to its ease of setup and solar power source. The cost estimate that we currently have on this model is $14,255 including tax, shipping and the traffic statistics computer. If approved, we will proceed with formal price quotations and present a request for purchase at a future meeting. r � kCCC \ \ \�, SIGNA1-5� INS. rNst °� t1�e� t w ltl� ess 'p � cy liv e Aw areas kcC t�1et11 rva ustoYn ivom K \,L MART System � speed Monitoring Awareness Radar Trailer "I didn't realize I was going that fast" Where there. is a speed limit, there are motorists not paying attention. Day- dreaming drivers are a danger in high -risk accident locations. School zones, con- struction sites and hospital grounds could use some help in promoting voluntary compliance. That's why Kustom Signals offers the SMART system: the gentle reminder for motorists to slow down. Q round- the -Clock Duty ART, which stands for Speed Monitoring Awareness Kadar Trailer, is just that: a portable, self- contained speed display unit. Designed to promote speed awareness, SMART is towed to a site that has experienced frequent speed - related problems. After quickand easy set -up —less than 10 minutes, SMART is left on the roadside where it quietly performs its job: display the speeds of oncoming vehicles. Mounted inside the locked, 16 gauge steel trailer is a Kustom radar unit clocking speeds. Motorists see their speeds on the 12 -inch tall giant digital display from up to 100 yards away. The speed limit sign mounted above the display reminds them to pay attention and ease up on the gas pedal. Public Acceptance Officers have returned to the trailer to find notes taped to it . reading: "Please bring this to my neighborhood.". Citizens are concerned that speed - related accidents will hit too close to home. SMART brings results. Speed awareness goes up and motorists slow down. Collision rates go down. Citizens feel safer. After all, speed limit compliance is about safety. Built -in Versatility SMART can be used for public relations and to issue warn- ings and citations. For public relations, agencies can work With the media to advertise SMART's location. Interested -)rists can drive by for a cost -free speedometer check. A .tive attitude towards the posted speed limit is created. For those who ignore SM,-%RT's warning, citations can be issued to get the point across. Speed enforcement can take place from a patrol vehicle down the street, or curbside from the radar trailer. SMART comes equipped with Kustom Signals radar: either a Falcon handheld or a KR -10SP two - piece with remote control. Both are suitable for unattended public awareness campaigns. For enforcement purposes, Kustom recommends the KR-IOSP because the readout is mounted just inside the access door, easily seen for safe speed monitoring. Positioned on the curb side of the trailer an officer can monitor and lock speeds, then wave violators over for their citation. For cond ucting traffic surveys while promoting speed aware- ness, hook up the optional Traffic Statistics Computer. SMART can record the results of its workday, providing valuable information that can be downloaded to a personal computer for,further, use. A Smart Investment However SMART is used, studies show that the average speed tends to remain lower for a period after SMART moves to another location. In short; SMART provides a greater impact on a greater number of motorists, promoting aware- ness and good will. Put a` SMART system:on the payroll. Motorists' comments might start sounding more_ like this: "Thank you." Speed Enforcement from the name you trust. Kustom Signals. System Features �� (Trader 4zou,n u4th optional Wheels.) SOLAR CELLS continuously recharge the maintenance -free batteries. An internal controller regulates the amount of current delivered to the batteries, and revents overcharging. A fully- chargedpset of batteries powers the system for 72 hours of continuous operation. A battery charger .allows for recharging the batteries from a standard 110 VAC source. FOLDING RACK supports the solar panel and provides for mounting a standard speed limit sign, which is secured with a single lockable fastener. QUICK- RELEASE FASTENERS secure movable parts into place for quick set -up and takedown. TRAILER CONSTRUCTION is a welded square tubular frame and 16 gauge steel outer panels. All metalwork is finished with a durable, graffiti- resistant powder coat paint. The closed trailer is well- sealed and weatherproof. INTERIOR provides storage for signs, equipment, and accessories. SECURITY is provided by a locking access door on both sides of the trailer and optional alarm. DIGITAL READOUT displays vehicle speeds on 12" high, reflective digits, readable from a distance of 100 yards. During periods of low light, the speed readout is automatically illuminated by fluorescent lighting. SAFETY GLASS of the type used for windshields protects the radar and display. TOWING LIGHTS include rear brake, turn signals, and license plate. A standard connector for vehicle hookup is included. TORSION - SPRING SUSPENSION system provides for easy towing and minimizes the effects of road shock. LEVELING JACKS are provided on the front and rear, ensuring a firm standing on uneven terrain. TRAILER HITCH is removable for safe storage inside the trailer, and prevents an unattended trailer from being towed away. II TO: CITY COUNCIL FROM: DEBRA MANGEN CITY CLERK I DATE: OCTOBER 21, 1996 I SUBJECT: RECEIVE PETITION REPORT/RECOM M EN DATI ON Agenda Item # VII. A. Consent 0 Information Only ❑ Mgr. Recommends ❑ To HRA x❑ To Council Action ❑ Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: To refer the petition received to the Engineering Department for processing. Info /Background: The City received a petition from Robert J. Ford requesting the installation of sidewalk on the south side of Dewey Hill Road between Cahill Road and Delaney Road. Our normal procedure is to refer the petitions to the Engineering department for processing as to feasibility. A. j o g City of Edina, Minnesota CITY COUNCIL 4801 West 50th Street • Edina, Minnesota 55424 (612) 927 -8861 • (612) 927- 7645-FAX • (612) 927 - 5461 -TDD PETITION TO THE CITY COUNCIL 2 SIDEWALK ❑ STORM SEWER (ALLEY PAVING ❑ SANITARY SEWER DATE: ❑ WATERMAIN ❑ STREET LIGHTING ❑ CURB AND GUTTER ONLY ❑ PERMANENT STREET ❑ OTHER: To the Mayor and City Council: SURFACING WITH CURB AND GUTTER, The persons who have signed this petition ask the City Council to consider the improvements listed above to the locations Ii d b2lovy si kid t-K— e'oF G t "LL A "� between and LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS between LOCATION OF IMPROVEMENT BY STREET NAME between OCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS and ADDRESS and ADDRESS between and LOCATION OF IMPROVEMENT BY STREET NAME ADDRESS ADDRESS IMPORTANT NOTE: THE PERSONS WHO HAVE SIGNED THIS PETITION UNDERSTAND THAT THE CITY COUNCIL MAY ASSESS THE COSTS OF THESE EMIPROVEMENTS AGAINST THE . PROPERTIES BENEFITING FROM THE IMPROVEMENTS IN AMOUNTS DETERMINED BY THE COUNCIL AS AUTHORIZED BY CHAPTER 429, MINNESOTA STATUTES. PROPERTY OWNER'S SIGNATURE OWNER'S NAME (PRINTED) /l7iL�iv,q �y2Dv� This petition was circulated by: P,09 k—,er` ,/. 4eg_,�P NAME PROPERTY ADDRESS OWNER'S PHONE 7 718 1.&,,_ L -7 79Y ADDRESS There is space for more signatures on the back or you may attach extra pages. (o �a g /a -o � 5_/ PHONE PROPERTY OWNER'S SIGNATURE (Qr FRO OWNER'S NAME PROPERTY ADDRESS OWNER'S (PRINTED) PHONE � �d�y L�� oE� 77oLC� nit 4cq -6 *70 L1� Z gg ��y g 1� c/ _�2d Lee Alo/zccel -zsl 7?, z 2-- Lyc-41 -, le-'Z .eT 9 � P L, KA ; s 4 fZ l tL ll= r � Lue�1 -s t yy ZO 9 3 7yS6 Ca`i: // 2m fepv--�- -1 7 0 ,-Aka m� � rvty h 7�5� ra-h4a" -903 Toa n e, Loo LEC - %'CAR y M ,6 00!e�q & '7434 7749y dX&zz 40 fepv--�- -1 7 0 Roy -ss,�- ,,,err TO: FROM: DATE: SUBJECT: REPORT /RECOMMENDATION CITY COUNCIL DEBRA MANGEN CITY CLERK OCTOBER 21, 1996 Traffic Safety Concern - Ron Elmquist Info /Background: Agenda Item # VIII. A. Consent ❑ Information Only rq Mgr. Recommends ❑ To HRA X❑ To Council Action ❑ Motion ❑ Resolution ❑ Ordinance ❑ Discussion The Traffic Safety Staff at its September 4, 1996 meeting responded to a request from residents of the 6100 block of Kellogg Avenue for restricted parking. The residents expressed concern that parking during the daytime is fully utilized on the south half of the block. Many times parked vehicles infringed on residential driveways. The residents were concerned over a Montessori school relocating to 6133 Kellogg Avenue exacerbating the situation. Reportedly, residents surveyed themselves and the majority response was limiting parking to 30 minutes between the hours of 8:00 A.M. to 4:00 P.M., Monday through Friday. Two of twelve survey respondents indicated that an all day restriction was preferable and one of twelve indicated the traffic respondents wanted the parking restriction to apply only to the south half of the block. Mr. Ron Elmquist responded with a letter outline broader issues including speed, volumes, pedestrian safety, and appearance of the neighborhood. During the August Traffic Safety Staff Discussion, many issues relating to traffic on Kellogg Avenue had been discussed. At that time there was a recommendation to deny a "Stop" sign upgrade at W. 61st Street and Kellogg Avenue and to install "international Pedestrian Signs' on the block highlighting the likelihood of increased pedestrian traffic. The Montessori school was contacted and reported their employee parking was planned, and they did not oppose restrictions on Kellogg Avenue. After discussing the request, staff recommended establishing "Monday through Friday, 8:00 AM to 4:00 PM, one hour parking limit" on the 6100 block of Kellogg Avenue. This recommendation was approved by Council, September 16, 1996 and shortly thereafter City Public Works staff installed the appropriate signs. Mr. Elmquist contacted Craig Swanson, Traffic Safety Coordinator after the installation of the restricted parking signs and informed him he did not want the signs. Traffic Safety Coordinator Swanson has discussed this matter with Mr. Elmquist and informed him of his prerogative of bringing this concern before the City Council. Staff would expect that Mr. Elmquist will attend the meeting to present his concern. COUNC?L K REGISTER WED, OCT 9, 1996, 7:13 PM F ' page 1 CHECK NO CHECK DT ------------------------------------------------------------------------------------------------------------------------------------ CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. 161404 09/06/96 $202,000.00 CITY 0? EDINA PAYROLL TRANSFER 090696 LIQUOR PROG CASH 09/06/96 #, # # #, # # #. ## CITY OF EDINA. PAYROLL TRANSFER 090696 LIQUOR PROG CASH < *> $0.00* 161405 09/06/96 $28,623.76 FIDELITY BANK PAYROLL TAXES 090696 GENERAL FD PRO PAYROLL PAYABL < *> $28,623.76* 161406 09/19/96 $300.95 MINNESOTA CLAY USA CRAFT SUPPLIES 17136. ART CENTER ADM CRAFT SUPPLIES < *> $300.95* 161407 09/19/96 $448.80 COMMERCIAL LIFE INSURAN HOSPITALIZATION 1096 CENT SVC GENER HOSPITALIZATIO < *> $448.80* 161408 09/20/96 $205,000.00 CITY OF EDINA -. PAYROLL TRANSFER 092096' PROG.. CASH 09/20/96 #, # # #, # # #. ## CITY OF EDINA PAYROLL TRANSFER 092096 .LIQUOR LIQUOR PROG CASH < *> - $0.00* 161409 09/23/96 $26,987,32 FIDELITY BANK PAYROLL TAXES 092096 GENERAL FD PRO PAYROLL PAYABL < *> $26,987.32* 169501 .0.9/09/96 $32,576.05 PERA P.E.R.A. PAYABLE 090996 GENERAL FD PRO P.E.R.A. PAYAB < *> $32,576.05* 169502 09/09/96 $19.62 PERA P.E.R.A. PAYABLE 09069,6 GENERAL FD PRO P.E.R.A. PAYAB < *> $19.62* 169503 09/09/96 $5,069.39 QUALITY WINE COST OF GOODS SOLD LI 424460 YORK SELLING CST OF GD LIQU 09/09/96 $2,823.95 QUALITY WINE COST OF GOODS SOLD LI 424462 SOTH ST SELLIN CST OF GD LIQU 09/09/96 $3,948.99 QUALITY WINE COST OF GOODS SOLD LI 424473 VERNON SELLING CST OF GD LIQU 09/09/96 $2,799.19 QUALITY WINE COST OF GOODS SOLD WI 424561 VERNON SELLING CST OF GD WINE 09/09/96 $1,586.27 QUALITY WINE COST OF GOODS SOLD WI 424563 50TH ST SELLIN CST OF GD WINE 09/09/96 $1,135.24 QUALITY WINE COST OF GOODS SOLD WI 484198 YORK SELLING - CST OF GD:,WINE < *> $1-7,363.03* .: 169881 09/16/96 $950.00 BERGLUND, STANLEY TEACH BUILDING 091096 TEACHING BLDG CIP < *> $950.00* 169882 09/16/96 $224.50 QUALITY WINE COST OF GOODS SOLD LI 425039' 50TH ST SELLIN CST OF GD LIQU 09/16/96 $1,548.25 QUALITY WINE COST OF GOODS SOLD WI 425867 YORK SELLING CST OF GD WINE 09/16/96 $87.50 QUALITY WINE COST OF GOODS SOLD BE 425867CO YORK SELLING. CST OF GDS BEE 09/16/96 $2,702.66 QUALITY WINE COST OF GOODS SOLD WI 425869 VERNON SELLING CST OF GD WINE 09/16/96 $67.85 QUALITY WINE COST OF GOODS SOLD BE 425869CO VERNON SELLING CST OF GDS BEE 09/16/96 $821.27 QUALITY WINE COST OF GOODS SOLD WI 426427 50TH ST SELLIN CST OF GD WINE 09/16/96 $1,509.50 QUALITY WINE COST OF GOODS SOLD LI 426586 YORK SELLING CST OF GD LIQU 09/16/96 $2,610.44 QUALITY WINE COST OF GOODS SOLD LI 426587 VERNON SELLING CST OF GD LIQU 09/16/96 $1,609.21 QUALITY WINE COST OF GOODS SOLD LI 426588 50TH ST SELLIN CST OF GD LIQU 09116196 - $16.90 QUALITY WINE COST OF GOODS SOLD WI 427027 YORK SELLING CST OF GD WINE < *> $11,164.28* 169883 09/16/96 $321.00 SOLBERG, NEIL CADDIE VISORS & VESTS 091396 RANGE GENERAL SUPPLI < *> $321.00* . 169884 09/23/96 $19.62 PERA P.E.R.A. PAYABLE 092096 GENERAL FD PRO P.E.R.A. PAYAB COUNCIL CHECK .EGISTER WED, OCT 9, 1996, 7:13 PM page 2 CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. ----------------- 169885 -----------.------------------------------------- 09/23/96 $32,237.99 PERA P.E.R.A. ---------------------------------------------- PAYABLE 092396' GENERAL.FD PRO --------------------- P.E.R.A: PAYAB < *> $32,237.99* 169887 09/23/96 -$8.45 QUALITY WINE COST OF'GOODS SOLD WI 42'7025 VERNON SELLING CST OF GD WINE 09/23/96 - $16.90 QUALITY WINE COST OF GOODS SOLD WI 427028 50TH ST - SELLIN CST OF GD WINE 09/23/96 - $55.42 QUALITY WINE _ COST OF GOODS SOLD•WI 427033 VERNON SELLING CST OF GD•WINE 09/23/96 $427.98 QUALITY WINE COST OF GOODS SOLD WI 427237 . VERNON SELLING CST OF GD WINE 09/23/96 - $70.06 QUALITY WINE COST OF GOODS -SOLD LI 427717 VERNON SELLING CST OF GD LIQU 09/23/96 - $17.41 QUALITY WINE COST OF GOODS SOLD LI 427720 50TH ST SELLIN CST OF GD LIQU 09/23/96 $1,548.83 QUALITY WINE COST OF GOODS SOLD WI 427922 VERNON SELLING CST OF GD WINE 09/23/96 $1,646.97 - QUALITY -WINE COST OF•GOODS SOLD WI 427923 SOTH_ST SELLIN CST OF GD WINE 09/23/96 $938.78 QUALITY WINE COST OF GOODS SOLD WI 427962 YORK SELLING CST OF G9 WINE 09/23/96 $96.40 QUALITY WINE COST OF GOODS SOLD BE 4297923C 50TH ST SELLIN CST OF GDS BEE . 09/23/96 $967.99 QUALITY WINE COST OF GOODS SOLD LI.428626 YORK SELLING CST OF GD.LIQU• 09/23/96 $3,749.06 QUALITY WINE COST OF GOODS SOLD�LI 428627. VERNON SELLING CST OF GD'LIQU 09/13/96: $1,815.16 QUALITY WINE COST OF GOODS SOLD LI 428628 50TH ST SELLIN CST OF'GD LIQU < *� $11,022.93* 169888 09/30/96 - $12.78 - QUALITY WINE COST OF GOODS SOLD WI 428987 VERNON SELLING CST OF GD WINE 09/30/96 $588.61 - - QUALITY WINE COST OF GOODS SOLD WI 429775 YORK SELLING CST OF GD WINE 09/30/96 $445.56 QUALITY WINE COST OF GOODS SOLD WI 429776 50TH ST SELLIN CST OF GD WINE 09/30/96 $1,968.94 QUALITY WINE COST OF GOODS SOLD WI 430285 VERNON SELLING CST OF GD WINE 09/30/96 $401.92 • QUALITY WINE COST OF GOODS SOLD LI 430494 YORK SELLING CST OF GD LIQU 09%30/96 $2,399.65 QUALITY WINE COST OF GOODS SOLD.LI 430495 VERNON SELLING.CST OF GD LIQU 09/3.0/96` $945.42 QUALITY WINE. COST OF GOODS SOLD LI 430496 50TH ST SELLIN CST OF GD LIQU 09/30/96 - $11 °.48 QUALITY WINE COST OF GOODS-SOLD LI 430718 YORK SELLING CST OF GD LIQU < *> $6,725.'84* $168,761.19* COUNCfL - K SUMMARY FOR HAND CHECKS r _P WED, OCT. 9, 1996, 7:1 1 1 page - --- -------------- FUND # 1.0 - - - - -- GENERAL FUND _ ____________________________ $120,913.16 FUND # 23 ART CENTER $300.95 FUND # 27 GOLF COURSE FUND $1,271.00 FUND # 50 LIQUOR DISPENSARY FUND $46,276.08 $168,761.19* COUNCIL l C REGISTER WED, OCT 16, 1996, 7:42 PM page 1 . C HECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM ----------------------------------------------- -- OBJECT PO NUM 170454 < *> 10/21/96 - $116.46 $116.46* 3M CO LETTERS --------------------------------------------- TP16421 STREET NAME SI REPAIR PARTS 1614 170455 < *> 10/21/96 $20.00 911 DISPATCH SERVICES DUES AND SUBSCRIPTION 101496 POLICE DEPT. G DUES & SUBSCRI .$20.00* 170456 10/21/96 $910.58 $910.58* A & K EQUIPMENT COMPANY STORAGE RACKS 092696BI YORK OCCUPANCY GENERAL SUPPLI 2066 170457. < *> 10/21/96 $145.77 $145.:77 *. A -Z RENTAL WASHER RENTAL 2216 GOLF DOME GENERAL SUPPLI 2216 170458''10/21/96 *> $73.90 AAA LAMBERTS LANDSCAPE P.DIRT FOR GARDEN PARK 100496 PKBOND CIP SOD & DIRT < $73.90* 2126 170459 < *> 10/21/96 $79.00 $79.00* AAGARD ENVIRONMENTAL SER RECYCLING 10961730 ED BUILDING & RUBBISH REMOVA 170460 < *> 10/21/96 $18.00 $18.00* ABEL, CHRIS CLASS REFUND 100996 ART CNTR PROG- REGISTRATION F 170461 < *> 10/21/96 $83.85 $83.85* ACE SUPPLY SUPPLIES FOR REPAIRS/ 62694 BUILDING.MAINT GENERAL SUPPLI 1946 170462 < *> 10/21/96 $340.80 $340.80* ACME WINDOW CLEAN WINDOW CLEANING 17870 STREET REVOLVI GENERAL SUPPLI 2002 170463 < *> - 10/21/96 $85.20 ADAMS PEST CONTROL MAINT PEST CONTROL 11837 CLUB HOUSE SVC CONTR EQUI $85.20* 170464 < *> 10/21/96 $43.40 $43.40* ADAMS, MIKE MILEAGE OR ALLOWANCE 100796 FIRE DEPT. GEN•MILEAGE 170465 10/21/96 10/21/96 $5.72 $39.41 AIRTOUCH CELLULAR AIRTOUCH CELLULAR PHONE 092096. INSPECTIONS TELEPHONE 10/21/96 $28.14 CELLULAR AIRTOUCH CELLULAR CELL PHONE TELEPHONE 092096. FIRE DEPT: GEN TELEPHONE < *> $73.27* 092096/C ED BUILDING & TELEPHONE 170466 10/21/96 $16,350.58 ALBER ASPHALT CO' CONSTR. IN:PROGRESS 96 -2PKPY PKBOND CIP CIP < "> $16,350.58* 170467 < *> 10/21/96 $26.37 $26.37* ALBINSON SURVEY SUPPLIES 551500 ENGINEERING GE GENERAL SUPPLI 2239 170468 < *> 10/21/96 $15.00 ALL ABOUT BEER SUBSCRIPTION 100596 LIQUOR !�nTH ST DURS STIR SCRI $15.00* 170469 < *> 10 121• 111F $205.76 $205.76 * AT.TI?RNATOR REmuLD .STARTER 2,7 rl C) I RQIIIF'MEN'I' OF'ER Itf i`ATit PARTS 19A.1 1704.70 10/21/96 10/21/96 $102.00 $68.99 AMERICAN LINEN AMERICAN LAUNDRY 0930 /GC GRILL LAUNDRY 10/21/96 $248.01 LINEN AMERICAN LINEN LAUNDRY LAUNDRY 093096 VERNON SELLING LAUNDRY 10/21/96 $106.78 AMERICAN LINEN LAUNDRY 093096 CITY HALL GENE LAUNDRY 10/21/96 $279.43 AMERICAN LINEN LAUNDRY 093096 YORK OCCUPANCY LAUNDRY 093096 FIRE DEPT. GEN LAUNDRY COUNCIL CHECK ,u3GISTER WED, OCT 16, 1996, 7:42 PM page 2 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PRdGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 170470 10/21/96 $59.49 AMERICAN LINEN LAUNDRY 093096 50TH.;ST OCCUPA LAUNDRY 10/21/96 $13.85 AMERICAN LINEN LAUNDRY 093096 LABORATORY LAUNDRY < *> $878.55* 170471 10/21/96 $287.50 AMERICAN PHOTO COPY EQUIPMENT MAINTENANCE 176310 POLICE DEPT. G EQUIP MAINT 2084 < *> $287.50* 170472 10/21/96 $265.19 AMERICAN SEMI PARTS STRAPS 145190 EQUIPMENT OPER REPAIR PARTS < *> $265.19* 170473'' 10/21/96 $9b5.25 AMERIDATA. SOFTWARE FOR WIN 95 P 861293 CENT SVC GENER PAPER SUPPLIES 1326 10/21/96 $584.69 AMERIDATA PRINTER /MIS COORD 863129. FINANCE EQUIP REPLACEM 1397 10/21/96 $310.98 AMERIDATA SOFTWARE /ENG DEPT 871148 ENGINEERING GE GENERAL SUPPLI 1786 < *> $1,800.92* 170474. 10/21/96 $49.70 ANDERSON, ERIC MTG EXPENSES 100996 - LIQUOR YORK GE MEETING EXPENS ' < *> $49:70* 170475_ 10/21/96 $58.65 ANDY'S PORTABLES SATELLITE 9733 NORMAN. MAINT. RUBBISH REMOVA 2195 10/21/96 $5865 ANDY'S PORTABLES SATELLITE 9734 MAINT OF COURS RUBBISH REMOVA 2195 a *> $117.30* 170476 10/21/96 $87.31 ARNOLD BING PLUMBING TOILET REPAIR 8542 CITY HALL.-GENE CONTR REPAIRS < *> $87.31* 170477 10/21/96 $114.17 ASPEN EQUIPMENT CO. SWITCH 121841 EQUIPMENT OPER REPAIR PARTS 1595 < *> $114.17* 170478 10/21/96 $223.49 ASTLEFORD EQUIPMENT COMP RADIOS -FOR PARK TRUCK T44619 EQUIPMENT OPER REPAIR PARTS 1971 < *> $223.49* 170479 10/21/96 $106.48 AT & T WIRELESS SERVICE CELL PHONE BATTERIES 153285 ENGINEERING GE GENERAL SUPPLI 1836• < *> $106.48* 170480 10/21/96 $10.69 AT & T TELEPHONE 091896 ED BUILDING & TELEPHONE 10/21/96 $57.07. AT & T TELEPHONE 092796 CLUB HOUSE TELEPHONE 10/21/96 $10.49 AT & T TELEPHONE 093096 CENT SVC GENER TELEPHONE < *> $78.25* 170481 10/21/96 $20.77 AT &T TELEPHONE 092496 CENT SVC GENER..TELEPHONE ' < *> $20.77* 170482 10/21/96 $245.37 AUGIE'S INC. COST OF GOODS SOLD 093096 NORMANDALE GC COST OF GD SOL 5630. < *> $245.37* 170483 10/21/96 $20.18 AUTO MACHINE AND SUPPLY GENERAL SUPPLIES 093096/P EQUIPMENT OPER GENERAL SUPPLI, 10/21/96 $264.98 AUTO MACHINE AND SUPPLY ACCESSORIES 093096/P EQUIPMENT OPER ACCESSORIES 10/21/96 $874.20 AUTO MACHINE_ AND SUPPLY REPAIR PARTS 093096/P EQUIPMENT-OPER REPAIR PARTS < *> - $1,159.36* 170484 10/21/96 $241.00 - AUTOCON INDUSTRIES INC REPAIR AUTO CON SYSTE 235041 TANKS TOWERS & WATER TRTMT SU 1967 < *> $241.00* 170485 10/21/96 $35.12 AXT, LYLE VENDING PRODUCT 100196 GUN RANGE. COST OF GD SOL < *> $35.12* -COUNrIL C REGISTER WED, OCT 16, 1996, 7:42 PM CHECK NO .jATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE page t ---------------------------- -------------- ---- ------ - -- - -- -------------------------- P OGRAM $ OBJECT PO NUM 170486 < *> 10/21/96 $7,953.39 $7,953.39* B &-F DISTRIBUTING INC GASOLINE 135336 ----------------- EQUIPMENT OPER GASOLINE 170487 10/21/96 10/21/96 •$181.10 $288.66 Battery Wholesale Inc Battery Wholesale Inc CAR'PHONE BATTERIES 15526 GENERAL MAINT GENERAL SUPPLI 1730 10/21/96 $189.35 Battery Wholesale Inc BATTERIES BATTERIES 15554 EQUIPMENT OPER GENERAL SUPPLI 1784 10/21/96 $384.97 Battery Wholesale Inc BATTERIES 15583 EQUIPMENT OPER REPAIR PARTS 2090 < *> $1,044.08* 15577 EQUIPMENT OPER REPAIR PARTS 2164 170488 10/21/96 10/21/96 $280.45 $271.55 BEACH'S SPORTS &AWARDS BEACH'S SPORTS & AWARDS PLAQUE -HOLE IN ONE 092696 GOLF ADMINISTR GENERAL SUPPLI 1885 < *> $552.00* PLATES FOR PLAQUE 100396 GOLF ADMINISTR GENERAL SUPPLI 2190 170489 < *> 10/21/96 $325.89 $325.89* BECKER ARENA PRODUCT- GENERAL SUPPLIES 134872 ARENA BLDG /GRO GENERAL SUPPLI 1195 170490 < *> 10/21/96 $91.60 $91.60* BELLBOY CORPORATION COST OF GOODS SOLD MI 24420300 VERNON SELLING CST OF GDS MIX 170491 < *> 10/21/96 $80.00 $80.00* BENNETT, KATHRYN AC INSTRUCTOR 101396 ART CENTER, ADM PROF SERVICES 170492 10/21/96 10/21/96 $70.40 $144.50 BERGFORD BERGFORD TRUCKING TRUCKING DELIVERY 093096/5 50TH ST'SELLIN CST OF GD LIQU 10/21/96 $62.40 BERGFORD TRUCKING LIQUOR DELIVERY LIQUOR DELIVERY 093096/V VERNON..SELLING CST OF GD-LIQU < *> $277.30* 093096 /Y..YORK SELLING CST OF GD LIQU 170493 < *> 10/21/96 $1,120.00 $1,120.00* BERGLUND, STANLEY TEACHING BUILDING 101496 TEACHING`BLDG CIP 170495 10/21/96 10/21/96 $12.5.20 $30.16 BERTELSON BERTELSON BROS. INC. BROS. INC. GENERAL SUPPLIES 3882210 CENT SVC GENER GENERAL SUPPLI 2172 10/21/96 $17.98, BERTELSON BROS. INC. VEHICLE HUDSON MAPS GENERAL SUPPLIES 3882610 FIRE DEPT. GEN GENERAL SUPPLI 10/21/96 10/21/96 $168:_27 $33.43 BERTELSON.BROS. INC.: LETTERING MACHINE 3883990 3887490 CENT'SVC GENER GENERAL MAINT_ GENERAL SUPPLI GENERAL 2172 10/21/96 $31.52 BERTELSON BERTELSON BROS. INC. BROS. INC. GENERAL SUPPLIES 3888850 CENT SVC,GENER SUPPLI GENERAL SUPPLI 1947 2172 10/21/96 $21.73 BERTELSON BROS. INC. GENERAL SUPPLIES GENERAL SUPPLIES 3892580 POLICE DEPT. G GENERAL SUPPLI 1929 10/21/96 10/21/96 $22.29 BERTELSON BROS_ INC.. GENERAL SUPPLIES 3893120 3904330 CENT SVC GENER CENT SVC GENER GENERAL SUPPLI 2175 10/21/96 $5.22 $91.94 BERTELSON BERTELSON BROS. INC: BROS. INC. GENERAL SUPPLIES 3904850 CENT SVC GENER GENERAL SUPPLI GENERAL SUPPLI 2175 2175 10/21/96 $218.67 BERTELSON BROS. INC. - GENERAL SUPPLIES OFFICE SUPPLIES 3905770 CENT SVC GENER GENERAL SUPPLI 2175 10/21/96 10/21/96 $8.43 BERTELSON BROS. INC* GENERAL SUPPLIES 3910110 3926190 'CENT ED ADMINISTRAT SVC GENER OFFICE SUPPLIE 2178 10/21/96 $2.12 $39.10 BERTELSON BERTELSON BROS' BROS. GENERAL SUPPLIES 3927240 ADMINISTRATION GENERAL SUPPLI GENERAL SUPPLI 2246 2246 10/21/96 $5.98 BERTELSON INC. BROS. INC. GENERAL SUPPLIES GENERAL SUPPLIES 3927240 ELECTION GENERAL SUPPLI 2246 10/21/96 10/21/96 $7:32 $22.49 BERTELSON BROS. INC. GENERAL SUPPLIES 3927240 3927240 PARK ADMIN. INSPECTIONS GENERAL SUPPLI GENERAL SUPPLI 2246 *> $851.85* BERTELSON BROS' GENERAL SUPPLIES 3905771 CENT SVC GENER GENERAL SUPPLI 2246 2246 170496 < *> 10/21/96 $21.09 $21.09* BEST LOCKING SYSTEMS OF GENERAL SUPPLIER 038461 BUILDING MAINT GENERAL SUPPLI 1632 170497 10/21/96 $5,865.39 BFI OF MN INC REFUSE < *> $5,865.39* 093096 50TH STREET RU PROF SERVICES COUNCIL CHECK ASGISTER WED, OCT 16, 1996,. 7:42.PM page 4 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------=------------------------------------------------------- 170498 10/21/96 $39,966.57 BFI RECYCLING SYS Recycling Charges 96090070 RECYCLING Recycling Char < *> $39,966.57* 170499 10/21/96 $130.52 BIFFS INC SANITATION 81081898 MAINT OF COURS SVC CONTR EQUI 2025 10/21/96 $65.26 BIFFS INC PORTABLE TOILETS BI081899 GENERAL TURF C PROF SERVICES < *> $195.78* 170500 10/21/96 $11,880.69 BITUMINOUS ROADWAYS GENERAL SUPPLIES 72368 PKBOND CIP GENERAL SUPPLI 10/21/96 $262.79 BITUMINOUS ROADWAYS BLACKTOP 72368 STREET.RENOVAT BLACKTOP < *> $12,143.48* 170501 10/21/96 $100.00 BLOOD, DAVID POLICE SERVICES 102196 RESERVE PROGRA PERS SERVICES < *> $100.00* 170502 10/21/96 $159.00 BLOOMINGTON RENTAL'CENTE PAINT SPRAYER 01125966 PARKING RAMP REPAIR PARTS 1743 < *> $159.00* 170503 10/21/96 $4,677.45 BONINE EXCAVATING INC CONSTR. IN PROGRESS 96 -2PYMT STORM SEWER CIP- <*> $4,677.45* - 170504 10/21/96 $80.58 BOUSTEAD ELECTRIC & MFG HEATER COIL /UTILITIES 432457 LIFT STATION M GENERAL SUPPLI 1583 - < *> $80.58 *. 170505 10/21/96 $586.12 BOYER TRUCKS REPAIR WORK 60433 EQUIPMENT OPER REPAIR PARTS 2162 10/21/96 $29.39 BOYER TRUCKS DOWEL /BOLT 524733 EQUIPMENT OPER REPAIR PARTS 10/21/96 - $356.71 BOYER'TRUCKS REPAIR PARTS. 65375 EQUIPMENT OPER REPAIR PARTS 10/21/96 $169.19 BOYER TRUCKS REPAIR.PARTS 529951 EQUIPMENT OPER REPAIR PARTS . 170506 10/21/96 $34.71 BRAEMAR GOLF COURSE COST OF GOODS SOLD 101096 GRILL COST OF GD SOL 10/2.1/96 $28.90 BRAEMAR GOLF COURSE OFFICE SUPPLIES 101096 GOLF ADMINISTR OFFICE SUPPLIE 10/217/96 $68.53 BRAEMAR GOLF COURSE POSTAGE 101096 GOLF ADMINISTR POSTAGE 10/21/96 $129.58 BRAEMAR GOLF COURSE GENERAL SUPPLIES 101096. GOLF ADMINISTR GENERAL SUPPLI 10/21/96 $25.00 BRAEMAR GOLF COURSE REFUNDS 101096 -GOLF PROG- MEMBERSHIPS 10/21/96 $21.19 BRAEMAR GOLF COURSE TOOLS 101096 MAINT OF COURS TOOLS 10/21/96 $15.00 BRAEMAR GOLF COURSE CONFERENCES & SCHOOLS 101096 GOLF ADMINISTR CONF & SCHOOLS 10/21/9,6 $15.51 BRAEMAR GOLF COURSE PRINTING 101096 GOLF ADMINISTR PRINTING < *> $338.42* 170507 10/21/96 $137.44 BRANDESS - KALT -AETNA GROU COST OF GOODS SOLD 558794 ART SUPPLY GIF COST OF GD SOL 1793 10/21/96 $180.31 BRANDESS -KALT -AETNA GROU COST OF GOODS SOLD 561772 ART SUPPLY GIF COST OF GD SOL 1914 < *> $317.75* 170508 10/21/96 $208.74 BRENT'S SIGNS DISPLAY & SIGNAGE 13223 GOLF ADMINISTR GENERAL SUPPLI 1884 c *> $208.74* 170509 10/21/96 $315.00 BROCK WHITE BLADE 89363501 GENERAL MAINT TOOLS 1597 10/21/96 $335.00 BROCK WHITE CEMENT 89396001 PUMP & LIFT ST GENERAL SUPPLI 1606 < *> $650.00* 170510 - 10/21/96- $196.29 BRYAN ROCK PRODUCTS INC BALLFIELD LIME 091596 FIELD MAINTENA INFIELD MIX 10/21/96 $2,815.16- BRYAN ROCK PRODUCTS INC EQUIPMENT REPLACEMENT 093096 NEW STATION EQUIP REPLACEM $3,011.45* 170511 10/21/96 $1,212.84 BSN SPORTS TOT LOT MATTING B361594 ED BUILDING & GENERAL SUPPLI 1789 COUNQIL REGISTER WED, OCT 16, .1996, 7:42 PM ' CHECK NO .,ATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM page ------ - - -- -- -------------------------------------------------------------------------- OBJECT PO NUM < *> $1, 212. 84* .--------------- ---- - - - --- 170512 *> 10/21/96 $100.00 $100.00* BUTLER, GEORGE POLICE SERVICES. 102196 RESERVE - PROGRA PERS SERVICES 170513 <*> 10/21/96 $40.00 $40.00* CALL 4 COMMUNICATIONS EQUIPMENT MAINTENANCE 5508 POLICE DEPT. G EQUIP MAINT 170514 < *> 10/21/96 $113.98 $113.98* CAMPBELL PET COMPANY ACO GENERAL SUPPLIES -- 0043507 ANIMAL CONTROL GENERAL SUPPLI 1930 170515 °> 10/21/96 $50.00 $50.00* CANTON -_ JANET MILEAGE OR ALLOWANCE 101496- FI NANCE` MILEAGE 170516 10/21/96 $204.59 -. CARLSON PRINTING BUSINESS CARDS 00065872 CENT SVC GENER GENERAL SUPPLI 170517 < *> 10/21/96 $1,768.96 $1,768.96* CARPET TIME-, CARPET INSTAL 21990 EDINB/CL PROG BUILDINGS 1640 170518 10/21/96 10/21/96 $301.81 $308.84 CATCO CATCO REPAIR HYD CYLINDER 319793 EQUIPMENT OPER ACCESSORIES 2004 < *> $610.65* REPAIR HYDRAULIC CYLI 319794 EQUIPMENT OPER ACCESSORIES 2005 170519 < *> 10/21/96 $293.31 $293.31* CATHERWOOD, RUTH OVERPAYMENT AMBULANCE 953156 GENERAL FD PRO AMBULANCE FEES 170520 < *> 10/21/96 $19.80 $1.9._80* CDP'IMAGING•SYSTEMS COPIES 02431534 EQUIPMENT OPER DATA PROCESSIN 5258 170521 10/21/96 10/21/96 $1159.98 $1,739.78 CEMSTONE PRODUCTS CO CEMSTONE CONCRETE 272870 PKBOND CIP CONCRETE 10/21/96 $2,081.13 PRODUCTS CO GEMSTONE PRODUCTS CO CONCRETE CONCRETE.. 272870 STREET RENOVAT CONCRETE •10/21/96 $810.18 CEMSTONE-PRODUCTS CO CONCRETE 273527 273527 STREET RENOVAT PKBOND CONCRETE 10/21/96 10/21/96 $1,828.28 $1,283.60 CEMSTONE PRODUCTS CO CEMSTONE PRODUCTS CONCRETE 2742.71 CIP STREET RENOVAT CONCRETE CONCRETE .10/21/96 $487.43 CO CEMSTONE PRODUCTS CO CONCRETE REPAIR PARTS- 274954 SIDEWALKS, & PA CONCRETE_ < *> $9,390.38* 274954 NORMANDALE GC REPAIR PARTS- 1.70522 10/21/96 10/21/96 $230.00 $230.00 CERES ENVIRONMENTAL SVCS CERES DISPOSAL OF TREE WAST 093096 TREES & MAINTE RUBBISH REMOVA < *> $460.00* ENVIRONMENTAL SVCS DISPOSAL OF TREE WAST 093096 MAINT OF COURS RUBBISH REMOVA 170523 < *> 10/21/96 $150.00 $150.00* CITY OF BLOOMINGTON PROFESSIONAL SERVICES 5312 POLICE DEPT. G PROF SERVICES 170524 < *> 10/21/96 $35,983.00 $35,983.00* CITY OF BLOOMINGTON HEALTH SERVICES 5311 -. PUBLIC HEALTH PROF SERVICES 170525 10/21/96 10/21/96 $15.71 $15.71 CITY WIDE WINDOW SERVICE CITY WIDE WINDOW CONTRACTED REPAIRS 68779 YORK OCCUPANCY CONTR REPAIRS 10/21/96 $15.71 SERVICE CITY WIDE WINDOW SERVICE CONTRACTED REPAIRS CONTRACTED REPAIRS 88780 VERNON OCCUPAN CONTR'REPAIRS < *> $47.13* . 88781 50TH ST OCCUPA CONTR REPAIRS 170526 10/21/96 $200.00 CLABO, ROBERT REIMB FOR RESERVATION 101096 EDINB /CL PROG RENTAL INCOME COUNCIL CHECK rLEGISTER WED, OCT 16, 1996, 7:42 PM page 6 CHECK NO -------------------------------------------------------------------------.-----------------------------------=----------------------- DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM < *> $200.00* 170527 10/21/96. $65,335.90 COMMISSIONER OF TRANSPOR CONTRACT CONSTRUCTION T7921300 CONSTRUCT PROG CONSTRUCTION < *> $65,335.90* 170528 10/21/96 $411.10 COMPUTER CITY ACCOUNT RE COMPUTER SUPPLIES 861643 COMMUNICATIONS GENERAL SUPPLI 1908 10/21/96 $13.91 COMPUTER CITY.ACCOUNT RE COMPUTER DISKETTES 664040 ENGINEERING GE GENERAL SUPPLI 2085 10/21/96 $179.99_ COMPUTER CITY ACCOUNT RE COMPUTER DESK. 866752 LIQUOR YORK GE GENERAL 2234 10/21/96. $474.91 COMPUTER CITY ACCOUNT RE TAG PRINTER 867120 LIQUOR YORK GE .SUPPLI GENERAL SUPPLI. 2309 < *> $1,079.91* 170529 10/21/96 $117.05. CONNEY SAFETY PRODUCTS KLEENGUARD.COVERALLS 116317 GENERAL MAINT SAFETY EQUIPME 1114 10/21/96 $166.91 CONNEY SAFETY PRODUCTS BAND AIDS /EAR PLUGS 140192 GENERAL MAINT SAFETY EQUIPME 1619 10/21/96 $153.90 CONNEY SAFETY PRODUCTS MEN'S GLOVES 145210 GENERAL MAINT SAFETY EQUIPME 1747 10/21/96 $59.91 CONNEY SAFETY PRODUCTS JERSEY GLOVES 00146515 PUMP'& LIFT ST SAFETY EQUIPME 10/21/96 $128.08 CONNEY SAFETY PRODUCTS. GLOVES 151437 EQUIPMENT OPER SAFETY-EQUIPME 1943 < *> $625.85* 170530 10/21/96 $134.19 CONSTRUCTION_ MATERIALS I WATERPROOFING M030217 STREET RENOVAT GENERAL SUPPLI 1579 10/21/96 $67.10 CONSTRUCTION MATERIALS I WATERPROOFING M030218 STREET RENOVAT'GENERAL SUPPLI 1591 < *> $201..29* 170531 10/21/96 $185.50 CONTINENTAL CLAY CO COST OF GOODS SOLD 023130 ART SUPPLY GIF COST OF GD SOL 1064 < *> $18,5.50* _ 1.70532 10/21/96 $37.65 COUNTRY FLAGS FLAG 3591 FIRE DEPT. GEN GENERAL SUPPLI'1814 < *> $37.65* 17 -0533 10/21/96 $250.23 CREATIVE IMAGES ON RIBBO GENERAL SUPPLIES 3489 - ARENA BLDG /GRO GENERAL SUPPLI 2213 < *> $250.23* 170534 10/21/_96 $1,386.67 CRIMMINS MD, TIMOTHY J MEDICAL SERVICES 102196 FIRE DEPT. GEN PROF SERVICES < *> $1,386.67* 170535 10/21/96 $30.50 CULLIGAN -METRO SOFT WATER 093096 LABORATORY CONTR SERVICES < *> $30.50* 170536 10/21/96 $684.54 CUSTOM HEADSET INC EQUIPMENT REPLACE 11857 POLICE DEPT. G EQUIP REPLACEM 2028. < *> $684.54* 170537 10/21/96 . $708.45 _. CY'S UNIFORMS, #65,INITIAL.ISSUE. 0021537 FIRE DEPT. GEN UNIF ALLOW 1816 < *> $708.45* 170538 10/21/96 $80•.34 CYBERMEDIA DIAGNOSTIC SOFTWARE 101196 COMMUNICATIONS GENERAL SUPPLI < *> $80.34* 170539 10/21/96 $125.37 DANIEL -SMITH COST OF .GOODS SOLD. 7465326 ART SUPPLY GIF COST OF GD SOL 1801 < *> $125.37* 170540 10/21/96 - $1,014.65 DAY DIST COST,OF GOODS SOLD BE-60446 VERNON SELLING CST,OF GDS BEE 10/21/96 $102.50 DAY DIST COST OF GOODS SOLD BE 60447 YORK SELLING CST OF GDS.BEE 10/21/96. $66.60 DAY DIST COST OF 'GOODS SOLD MI 60448 50TH ST SELLIN CST OF GDS MIX 10/21/96 $1,547.25 DAY DIST COST OF GOODS SOLD BE 60448 :- 50TH ST SELLIN CST OF GDS BEE 10/21/96 $655..20 DAY DIST COST OF GOODS SOLD BE 60799 50TH ST.SELLIN CST OF GDS BEE 10/21/96 $1,193.45 DAY DIST COST OF GOODS SOLD BE 60800 VERNON SELLING CST OF GDS BEE COUNCIL C REGISTER WED," OCT 16, 1996, 7:42 PM Page .� . CHECK NO DATE - -- - - - --- CHECK AMOUNT -- --- --- - --- - - - - - -- - VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM < > $4,579.65* ----------------- 170541 10/21/96 10/21/96 - $142:90 $142.89 DC SALES COMPANY INC DC SALES CONTROL UNIT /GAS LEAK 476168 PKBOND CIP GENERAL'SUPPLI 2086 10/21/96 $566.40 COMPANY INC DC-SALES COMPANY INC CONTROL UNIT /GAS LEAK'476168 FURNACE UNITS PKBOND CIP GENERAL SUPPLI 2086 10/21/96 $566.40 DC SALES COMPANY INC FURNACE UNITS 476168 476168 PK BOND CIP PK BOND GENERAL SUPPLI 9907 10/21/96 10/21/96 $566.40 $566.40 DC SALES COMPANY INC DC FURNACE UNITS 476168 CIP PKBOND CIP GENERAL'SUPPLI GENERAL SUPPLI 9907 9907 <'> $2,551.39* SALES COMPANY INC FURNACE'UNITS 476168 PKBOND CIP GENERAL SUPPLI 9907 170542 < * >. 10/21_/96. $917.00 $917.00 * DCA INC FEE FOR SERVICE 85280 CENT SVC GENER'HOSPITALIZATIO - , 170543- < *> 10/21/96 $333.39 $333.39* DELI DOUBLE COST OF GOODS SOLD 24462 GRILL COST OF GD SOL 2196 170544 10/21/96 10/21/96 $20.00 $20.00 DEPARTMENT OF PUBLIC SAF DEPARTMENT BUYERS CARD 102196 LIQUOR 50TH ST CASH DISCOUNTS 10/21/96 $20.00 OF .PUBLIC SAF DEPARTMENT OF PUBLIC SAF BUYERS CARD BUYERS CARD 102196 LIQUOR YORK GE CASH DISCOUNTS < *> $60.00* - 102196 VERNON LIQUOR CASH DISCOUNTS 170545 10/21/96 10/21/96 $59.07 - $52.02 DEXTER SHOE COMPANY DEXTER COST OF GOODS - PRO 5400302 PRO SHOP COST OF GDS -PR 8405 < *> - SHOE COMPANY COST OF GOODS - PRO S 930072 - PRO SHOP COST OF GDS -PR 8405 $7.05* - 170546 .10/21/96 10/21/96 $116.05 $96.27 DIAMOND ART &- ,CRAFT DIST DIAMOND COST OF GOODS SOLD 152818 ART SUPPLY GIF COST OF GD SOL 1796 < *> $212.32* ART & CRAFT DIST COST OF GOODS SOLD 153109 ART SUPPLY GIF COST OF GD SOL 1800 170547 ' < *> 10/21/96 $4,199.00 $4,199.0.0* DIGITAL MATRIX SERVICES ENG SOFTWARE & MAINT 14715 ENGINEERING GE EQUIP REPLACEM 1911 170548 10/21/96 10/21/96 $19.72 $51:31 DITCH WITCH /MN DITCH "REPAIR PARTS C54486 ED BUILDING & REPAIR PARTS 2209 < *> $71.03*- WITCH /MN REPAIR PARTS C54487 ED BUILDING & REPAIR PARTS 2209 170549 *> 10/21/96 $92.65 DON BETZEN GOLF CO COST OF GOODS - PRO S 5038 PRO SHOP COST OF GDS -PR < $92.65* 170550 *> 10/21/96 $638.95 DON'S APPLIANCE & TELEVI NEW REFRIGERATOR 101196 CDBG PROG PROF SERVICES . < $638.95 *' 170551 10/21/96 10/21/96 $22.50 $22.50 DOUG'S PLUMBING PERMIT #3300 100796 GENERAL FD PRO PLUMBING PERMI q. 10/21/96 $140.97 DOUG'S PLUMBING DOUG'S PLUMBING PERMIT #3301 METER 5011 100796 GENERAL FD PRO PLUMBING FERMI 10/21/96 $140.97 DOUG'S PLUMBING OAK BEND L METER 4999 OAK BEND L 100796 100796 UTILITY FROG UTILITY FROG SALE OF WATER < *> $326.94* SALE OF WATER 170552 < *> 10/21/96 $3,353.04 $3,353.04* DPC IND[ISTRIES WATER CHEMICALS 01179216 WATER TIZEATMEN WATER TRTMT SU 7327 170553 *> 10/21/96 $209.39 DUFFY, KATT SKATING INSTRUCTOR -ED 10496 ED ADMINISTRAT PROF SERVICES < $209.39* 170554 10/21/96 $35.00 DUMONCEAUX, NICOLE SKATING INSTRUCTOR -ED 100496 ED ADMINISTRAT PROF SERVICES COUNCIL CHECK REGISTER WED, OCT 16, 1996, 7:42 PM page 8 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ <*> $35.00* 170555 10/21/96 $131.98 E -Z -GO TEXTRON CART PARTS 0243425 GOLF CARS REPAIR PARTS 1869 10/21/96 $118.22 E -Z -GO TEXTRON .. CART PARTS- 0244919 GOLF CARS REPAIR PARTS 1705 10/21/96 $75.90 E -Z -GO TEXTRON CART PARTS 0244920 GOLF CARS REPAIR PARTS 1710 10/21/96 $93.59 E -Z -GO TEXTRON CART PARTS 0253737 GOLF CARS REPAIR PARTS 2219 < *> $419.69* 170556 10/21/96 $276.00 E.H. RENNER & SONS CAP WELL 101196 CDBG PROG PROF SERVICES < *> $276.00* 170557 10/21/96 - $44.08 EAGLE WINE COST OF GOODS SOLD WI 48746 YORK SELLING CST OF GD WINE 10/21/96 - $48.08 EAGLE WINE. COST OF GOODS-SOLD WI 48808 50TH ST SELLIN CST OF GD WINE 10/21/96 $1,282.68 EAGLE WINE COST OF.GOODS SOLD WI 61837 VERNON SELLING CST OF GD WINE 10/21/96 $589.43 EAGLE WINE COST.OF GOODS SOLD WI 61843 50TH ST SELLIN CST OF GD WINE 10/21/96 $473.00 EAGLE WINE COST OF GOODS SOLD WI 61846 50TH ST SELLIN CST OF GD WINE 10/21/96 $818.35 EAGLE WINE COST OF GOODS SOLD WI 64549 VERNON SELLING CST OF GD WINE 10/21/96 $426..36. EAGLE WINE COST OF GOODS SOLD WI 64555 50TH ST SELLIN CST OF GD WINE 10/21/96 $558.02 EAGLE WINE COST OF GOODS SOLD WI 64561 YORK SELLING CST OF GD WINE 10/21/96 $1,619.49 EAGLE WINE COST OF GOODS SOLD WI 64562 YORK SELLING CST OF GD WINE < *> $5,675.17* 170558 10/21/96 $46.00, EAST SIDE BEVERAGE BEER 093096/G NORMANDALE GC CST OF GDS BEE 5633 10/21/96 $66.40 EAST SIDE BEVERAGE COST OF GOODS SOLD MI 737301 50TH ST SELLIN CST.OF GDS MIX 10/21/96 $2,253.00 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 737301 50TH ST SELLIN CST OF GDS BEE 10/21/96 $360.60 EAST SIDE BEVERAGE COST OF GOODS .SOLD BE 737305 YORK SELLING CST OF GDS BEE 10/21/96 $2,664.70 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 737306 VERNON SELLING CST OF GDS BEE 10/21/96 $178.00 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 739121 50TH ST SELLIN CST OF GDS BEE 10/21/96 $5,068.50 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 740346 YORK SELLING CST OF GDS BEE 10/21/96 $1,226.50 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 740357 50TH ST SELLIN CST OF GDS BEE 10/21/96 $2,061.85 EAST SIDE BEVERAGE COST OF GOODS SOLD BE 740358 VERNON SELLING CST,OF GDS BEE < *> $13,925.55* 170559 10/21/96 $116.94 ECOLAB PEST ELIMINATION PEST CONTROL 4204631 ED BUILDING & SVC CONTR EQUI 10/21/96 $99.16 ECOLAB PEST ELIMINATION PEST ELIMINATION 4204639 ED BUILDING & SVC CONTR EQUI < *> $216.10* 170560 10/21/96 $46.60 EDINA FIVE 0 FLORIST FLOWERS FUNERAL 100396 GOLF ADMINISTR GENERAL SUPPLI < *> $46.60 *. 170561 10/21/96 $77.00 EDMUNDS, LIZ COST OF GOODS SOLD MI 092796 YORK SELLING CST-OF GDS MIX 10/21/.96 $131.00 EDMUNDS, LIZ COST OF GOODS SOLD MI 092796 VERNON SELLING CST OF GDS MIX < *> $208.00* 170562. 10/21/96 $103.13 EICHSTADT, KENDRA' SKATING INSTRUCTOR -ED 100496 ED ADMINISTRAT PROF SERVICES < *> $103.13* 170563 10/21/96 $158.02 ELVIN SAFETY GAS CANS FOR DOUG S.13877601 MOWING TOOLS 1616 10/21/96 $137.85 ELVIN SAFETY CARTRIDGE MASKS 14422901 ED BUILDING & GENERAL SUPPLI 2182 10/21/96 $15.64 ELVIN SAFETY CARTRIDGE MASKS 14422902 ED BUILDING & GENERAL SUPPLI 2182 < *> $311.51* 170564. 10/21/96, $106.58 ENTRONIX- INTERNATIONAL I CALIPRATION 11089 EQUIPMENT OPER ACCESSORIES < *> $106.58* COUNCIL C REGISTER WED, OCT 16, 1996, 7:42 PM page 9 CHECK NO DATE --------------------------- CHECK AMOUNT - - - - -- ----- - - - - -- VENDOR - - - -- - - - - DESCRIPTION- - INVOICE PROGRAM OBJECT PO NUM 170565 < *> 10/21/96 $297.14 - -- -- - -------------------------------- ESCH CONSTRUCTION SUPPLY PARK PROJECT - GARDEN P 16699 PKBOND CIP ----------------------- GENERAL SUPPLI 1724 $297.14* 170566 < *> 10/21/96 $172.53 $172.53* ESS BROTHERS & SONS INC. FRAME 7047 PKBOND CIP GENERAL SUPPLI 170567 < *> 10/21/96 $2,947.31 $2,947.31* FAHRENKRUG, ROGER PRO SHOP. COMMISSION 101096 PRO SHOP PRO SVC OTHER 170568 < *> 10/21/96 $150.00 $150.00* FARBER, DIANE AC INSTRUCTOR 101396 ART CENTER ADM PROF SERVICES 170569 *> 10/21/96 $27,245.05 FINLEY BROTHERS ENTERPRI CONSTR. IN PROGRESS 961PK /PY PK BOND CIP CIP . < $27,245.05* 170570 10/21/96 10/21/96 $40.00 $206.09 FLOYD TOTAL SECURITY FLOYD ALARM SERVICE 355587 50TH ST OCCUPA ALARM SERVICE < * >, $246.09* TOTAL SECURITY PADLOCKS 359455 GENERAL MAINT GENERAL SUPPLI 1785- 170571 < *> 10/21/96 $134.'72 $134.72* FOWLER ELECTRIC TIRE 348640 MAINT OF COURS REPAIR PARTS 2031 170572 *_> 1-0/21/96 $225.00 FRAME, SUSAN-- COST OF GOODS SOLD 3297- ART SUPPLY GIF COST OF GD SOL 1915 -. < $225.00* " " 170573 < *> 10/21/96 $215.65 $215.65* FRANSON, ETHEL REFUND /OVRPYMT /WATERM 100996 CONSTRUCT PROG ESCROW DEPOSIT _ 170574 10/21/96 10/21/96 .$299.88' - $17.64 FRITZ COMPANY FRITZ COST OF GOODS SOLD MI 83888 YORK SELLING CST OF GDS MIX 10/21/96 $511.56 COMPANY FRITZ.COMPANY COST OF GOODS SOLD MI 21317 50TH ST SELLIN CST OF GDS MIX 10/21/96 $401.33 FRITZ COMPANY COST'OF GOODS SOLD MI COST OF 87140 50TH ST SELLIN CST OF GDS MIX 10/21/96 $382.92 FRITZ COMPANY GOODS SOLD MI COST OF G60DS SOLD MI 87141 - VERNON SELLING CST OF GDS MIX < *> $1,578.05* 88800 VERNON SELLING.CST OF GDS MIX 17057,5 10/21/96 10/21/96 $161.72 $651.04• G & K SERVICES G LAUNDRY 093096 BUILDING MAINT LAUNDRY 10/21/96 $250.54 & K SERVICES G & K SERVICES LAUNDRY .093096 GENERAL MAINT LAUNDRY 10/21/96 $127.56 - G & K SERVICES LAUNDRY LAUNDRY 093096 EQUIPMENT OPER'LAUNDRY 10/21/96 $277.31 G & K SERVICES CLEANING SUPPLIES 09309.6 093096 PUMP & LIFT ST PW BUILDING LAUNDRY CLEANING SUPPL 10/21/96 - 10/21/96 $43.04 $132.51 G & K SERVICES G & LAUNDRY 093096 CITY HALL GENE LAUNDRY 10/21/96 $32.84 K SERVICES G_& K SERVICES LAUNDRY 093096 ARENA BLDG /GRO LAUNDRY < *> $1,676.56 *. LAUNDRY 093096/C ED BUILDING & LAUNDRY - 170576 < *> :10/21/96 $1,200:00. $1,200.00*- GABBERT k BECK OVER CHG SEWER AVIL C 100496 GENERAL PD PRO .SAC CHARGES 170577 < *> 10/21/96' $184.98 $184.98* GEREBI, LIZ SKATING INSTRUCTOR -ED 100496. ED:ADMINISTRAT PROF SERVICES 170578 < *> 10/21/96 $68.00 $68.00* GIBBONS, MIKE UMPIRE PAY 100496 EDINA ATHLETIC PROF SERVICES - 170579 10/21/96 $738.53 GIL HEBARD GUNS AMMO AND TARGETS 09386 GUN RANGE AMMUNITION 2027 COUNCIL CHECK REGISTER WED, OCT 16, 1996, 7:42 PM ST LIGHTING OR GENERAL SUPPLI 1633 GRAYBAR ELECTRIC CO. CABLE page 10 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION ------------------------------------------------ INVOICE PRbGRAM ------ OBJECT - - - --- --------- PO NUM - - -- -- -----------------------------------------------'---------- < *> 961796 $738.53* EQUIP REPLACEM 1831 GREEN ACRES SPRINKLER CO IRRIGATION SYSTEM 961797 PKBOND CIE EQUIP REPLACEM 170580 10/21/96 $329.00 GOPHER STATE 1 CALL GOPHER ONE SERVICE 6080239 SUPERV. & OVRH GOPHER STATE c *> $329.00* 170581 10/21/96 $248.01 GRAINGER SUPPLIES /BEAD BLASTER 97085941 PUMP -& LIFT ST GENERAL SUPPLI 1588 10/21/96 $36.53 GRAINGER MOTION DETECTOR LIGHT 25018783 PW BUILDING REPAIR PARTS 1571 10/21/96 $37.28 GRAINGER MOTION DETECTOR LIGHT 28085835 PW BUILDING REPAIR PARTS 1571 10/21/96 $36.42 GRAINGER. MOTION DETECTOR LIGHT 49551457 PW BUILDING REPAIR PARTS 1571 10/21/96 $37.28 GRAINGER MOTION DETECTOR LIGHT 49606317 PW BUILDING REPAIR PARTS 1571 10/21/96 $156.61 -GRAINGER REPAIR PARTS 49551659 MAINT OF COURS REPAIR PARTS 1707 10/21/96 $72.38 GRAINGER CITY HALL MOTOR 49868876 CITY HALL GENE REPAIR PARTS 1574 10/21/96 $146.94 GRAINGER. BATTERIES,BULBS' 49868882 ED BUILDING & GENERAL SUPPLI 1887 < *> $771.45* 170582 10/21/96 170583. 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 170584 10/21/96 10/21/96 10/21/96 170585 10/21/96 10/21/96 170586 10/21/96 170587 10/21/96 170588 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 170589 10/21/96 $84,550.00 GRANITE CITY ROOFING $84,550.00* $78.95 $308.85 $1,431.91 $263.80 $70.95 $2,154.46* $169.91 $158.89 $325.73 $654.53* $10,620.00 $6,111.00 $16,731.00* $180..00 $18.0.00* $3,047.31 $3,047.31* $29.45 $6,045.87 $2,487.16 $2,665.60 $2,165.80 $29.4.5 $1,671.56 $726.38 $92.85 $779.62 $2,204.39 $1,884.27 $20,782.40* $4,584.00 GRAPE BEGINNINGS INC GRAPE BEGINNINGS INC GRAPE BEGINNINGS INC GRAPE BEGINNINGS INC GRAPE BEGINNINGS INC EQUIPMENT REPLACEMENT PW96 -2PY PUBLIC WORKS EQUIP REPLACEM COST OF GOODS SOLD WI 12745 COST OF GOODS SOLD WI 12783 COST OF GOODS SOLD WI 12805 COST OF GOODS SOLD WI 12835 COST OF GOODS SOLD WI 12836 VERNON SELLING CST OF.GD WINE 50TH ST SELLIN CST OF GD WINE YORK SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE GRAYBAR ELECTRIC CO. ELECTRICAL /STREET LIG 10462167 ST LIGHTING OR GENERAL SUPPLI 1633 GRAYBAR ELECTRIC CO. CABLE 10462641 TRAFFIC SIGNAL REPAIR PARTS 1774 GRAYBAR ELECTRIC CO. METAL HALIDE BULBS 10463124 ED BUILDING & GENERAL SUPPLI 2045 GREEN ACRES SPRINKLER CO IRRIGATION SYSTEM 961796 PKBOND CIP EQUIP REPLACEM 1831 GREEN ACRES SPRINKLER CO IRRIGATION SYSTEM 961797 PKBOND CIE EQUIP REPLACEM 1833 GREEN, DICK GREUPNER, JOE ... GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRIGGS COOPER & CO. GRUNDMAN CONSTRUCTION AC INSTRUCTOR 101396- ART CENTER ADM PROF SERVICES PRO SHOP COMMISSIONS 101096 PRO SHOP PRO'SVC OTHER COST OF GOODS SOLD MI 61838 COST OF GOODS SOLD LI 61839 COST OF GOODS SOLD LI 61844 COST OF -GOODS SOLD LI 62766 COST OF GOODS SOLD LI 62767 COST OF GOODS SOLD MI 64551 COST OF GOODS SOLD LI 64552 COST OF GOODS SOLD LI 64556 .COST OF GOODS SOLD MI 64557 COST OF GOODS SOLD LI 64558 COST OF GOODS SOLD LI 64560 COST OF GOODS SOLD LI 64564 NEW ROOF VERNON SELLING CST OF.GDS MIX VERNON SELLING CST OF GD LIQU 50TH ST SELLIN CST OF GD LIQU VERNON SELLING CST OF -GD LIQU 50TH ST SELLIN CST.OF GD LIQU VERNON SELLING CST OF GDS MIX VERNON SELLING CST OF GD LIQU 50TH ST SELLIN CST OF GD LIQU 50TH ST SELLIN CST OF GDS MIX 50TH ST SELLIN CST OF GD LIQU YORK SELLING CST OF GD LIQU YORK SELLING CST OF GD LIQU 100796 CDBG PROD. PROF SERVICES COUNCIL i K REGISTER WED, OCT 16, 1996, 7:42 PM Page CHECK NO DATE --------- CHECK AMOUNT - ----------- VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM < > $4,584.00* ----------------------------------- 170590 10/21/96 $86,848:69 HARDRIVES INC CONSTR. IN PROGRESS 96 -5PYMT STRECY - HILLDAL CIP < *> $86,848.69* 170591 10/21/96 $183.26 HARMON FULL SERVICE GROU METAL FLASHING 3218636 ED BUILDING & GENERAL SUPPLI 1249 < *> $183.26* 170592 10/21/96 $213.50 HAYNES, PATRICIA AC INSTRUCTOR 101396 ART. CENTER ADM PROF SERVICES < *> $213.50* 170593 10/21/96 $16,034.28 HEALTH PARTNERS HOSPITALIZATION 5533548 CENT SVC GENER HOSPITALIZATIO < *> $16,,034.28* 170594 10/21/96 $645.00 HEALTH PARTNERS AMBULANCE OVERPAYMENT 961972 GENERAL FD PRO AMBULANCE FEES < *> $645.00* 170595 10/21/96 $509.56 HENNEPIN COUNTY SHERIFF EQUIPMENT MAINTENANCE 55712 55 POLICE DEPT. G EQUIP MAINT < *> $509.56* 170596 10/21/96 $3,800.00 HENNEPIN COUNTY TREASURE PROFESSIONAL SERVICES 23720 POLICE DEPT. G PROF SERVICES < *> $3,800.00* 170597 10/21/96 $241.97 HILTI, INC SHOP SUPPLIES 11054223 PARKING RAMP REPAIR PARTS 1769 < *> $241.97* 170598 10/21/96 $484.58 HIRSHFIELD'S PAINT MANUF FIELD PAIINT 038012 FIELD MAINTENA LINE MARK POWD 2263 < *> $484.58* 170599 10/21/96 $23.00 HOBART CORP REPAIR DISHWASHER 121277 GRILL CONTR REPAIRS 2363 < *> $23.00* 170600 10/21/96 $100.00 HOFFMAN, WILLIAM POLICE SERVICES 1021096 RESERVE,PROGRA PERS SERVICES < *> $100.00* 170601 10/21/96 $136.37 HOOFNAGLE, LYLE CRAFT SUPPLIES 101396 ART CENT ER.ADM CRAFT SUPPLIES < *> $136.37* 170602 10/21/96 $111.83 HOSPITALITY SUPPLY BEER CYLINDERS ETC 8060454 TEACHING BLDG CIP 9223 10/21/96 $860.52 HOSPITALITY SUPPLY BEER TAPSTER PORTABLE 8061099 TEACHING BLDG CIP 9223 < *> - $972.35* 170603 10/21/96 $54.12 HUEBSCH TOWELS,MATS 179783 ED BUILDING & SVC CONTR EQUI < * >, $54.12* 170604 10/21/96 $499.95 HYDRANT SPECIALIST REPAIR HYDRANT 1042 DISTRIBUTION CONTR REPAIRS 1976 < *> $499.95* 170605 10/21/96 10/21/96 $9.15 HYDRO SUPPLY CO SALES TAX 10128. DISTRIBUTION GENERAL SUPPLI 8901 10/21/96 $3,345.29 $1,526.08 HYDRO SUPPLY CO HYDRO SUPPLY CO WATER METERS 10226 UTILITY PROG INVENTORY WATE 8901 10/21/96 $260.93 HYDRO SUPPLY CO WATER METERS BATTERY CHARGER 10227 10228 UTILITY PROG METER INVENTORY WATE 8901 10/21/96 $1,138.06 HYDRO SUPPLY CO WATER METERS 10229 READING UTILITY PROG GENERAL SUPPLI INVENTORY WATE 8901 8901 10/21/96 $3,345.29 HYDRO SUPPLY CO WATER METERS 10230 UTILITY.PROG INVENTORY WATE 8901 < *> $9,624.80* COUNCIL.CHECK REGISTER WED, OCT 16, 1996, 7:42 PM page 12 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -----------------------------------------------.-----------=------------------------------------------------------------------------- 170606 10/21/96 $149,297.24 HYDRO SUPPLY DISTRIBUTION SYSTEM 96 -iPWPY UTILITY PROG DISTRIBUTION S < *> $149,297.24* 170607 10/21 ° /96 $236.81 IBM CORPORATION SERVICE CONTRACTS EQU 96P9264 POLICE DEPT. G SVC CONTR EQUI 10/21/96 $111.51 IBM CORPORATION SERVICE CONTRACTS EQU 0625829 POLICE DEPT. G SVC CONTR EQUI 10/21/96 $16.16_ IBM CORPORATION SERVICE CONTRACTS EQU 0625830 POLICE DEPT..G SVC CONTR EQUI 170608, 10/21/96 $26.00 IDS #271 REIMB EDINA SHARE JOB 100296 PARK ADMIN. CONF & SCHOOLS < *> $26.00* 170609 10/21/96 $105.00 IIMC IICM MEMBERSHIP DUES 100796 ADMINISTRATION PROF SERVICES < *> $105.00* 170610 10/21/96 $74.23 IKON CAPITAL EQUIPMENT RENTAL 35610674 ART CENTER ADM EQUIP RENTAL < *> $74.23* 170611 10/21/96 $20.0,6 INDELCO PLASTIC CORP WATER LINE REPAIR PAR 107131 GENERAL TURF C REPAIR PARTS 1607 10/21/96 $63.21 INDELCO PLASTIC CORP WATER LINE REPAIR PAR 107275 BUILDING MAINT REPAIR PARTS 1629_ < *> $83.27* - 170612 10/21/96 $348.79 INTERIOR COMMUNICATIONS REPAIRS 22552 ARENA BLDG /GRO CONTR REPAIRS 2040 < *> $348.79* 170613 10/21/96 $44.00 INTERMEDIA ARTS ADVERTISING -ART CENTE 101396 ART CENTER ADM ADVERT OTHER < *> $44.00* 170614 10/21/96 $16.03 J & F REDDY RENTS EQUIPMENT RENTAL 03109206 GENERAL TURF C PROF SERVICES 9962 10/21/96 $13.66 J & F REDDY RENTS EQUIPMENT RENTAL 03109206 GENERAL TURF C PROF SERVICES 9962 < *> $29.69* 170615 10/21/96 $8,651.28 J PATRICK MOORE LAMASTER PRINTING 12836 COMMUNICATIONS PRINTING 10/21/96 $13,036.06 J PATRICK MOORE LAMASTER PROFESSIONAL SERVICES 12895 COMMUNICATIONS PROF SERVICES < *> $21,687.34* 170616 10/21/96 $57.50 JAMES ROBIN LANDSCAPE AR ARCH MASTER PLAN DESI 081696 PK BOND CIP PROF SERVICES < *> $57.50* 170617 10/21/96 $110,408.00 JAMES STEELE "CONSTRUCTIO EQUIPMENT REPLACEMENT 102196 NEW STATION EQUIP REPLACEM < *> $110,408.00* 170618 10/21/96 $100.00 JAMES, WILLIAM F POLICE SERVICES 102196 RESERVE PROGRA PERS SERVICES < *> $10,0.00* 170620 10/21/96 $401.61 JERRY'S HARDWARE GENERAL SUPPLIES 093096 ED BUILDING & GENERAL SUPPLI - 10/21/96 $269.86 - JERRY'S HARDWARE GENERAL - SUPPLIES 093096 BUILDING MAINT GENERAL SUPPLI 110/21/96 $10.33 JERRY'S HARDWARE GENERAL'SUPPLIES 093096 STREET NAME SI GENERAL SUPPLI 10/21/96 $153.77 JERRY'S HARDWARE GENERAL SUPPLIES 093096 FIRE DEPT. GEN GENERAL SUPPLI 10/21/96 $92.72 JERRY'S HARDWARE. GENERAL SUPPLIES 093096 GENERAL MAINT GENERAL SUPPLI 10/21/96 $17.59 JERRY'S HARDWARE GENERAL SUPPLIES 093096 ST LIGHTING OR GENERAL SUPPLI 10/21/96 $65.09 JERRY'S HARDWARE GENERAL SUPPLIES 093096 GOLF ADMINISTR GENERAL SUPPLI 10/21/96 $21.17 JERRY'S HARDWARE GENERAL SUPPLIES 093096 NORMAN. MAINT. GENERAL SUPPLI 10/21/96 $63.40 JERRY'S HARDWARE GENERAL SUPPLIES 093096 POLICE DEPT. G GENERAL SUPPLI 10/21/96 $81.33 JERRY'S HARDWARE GENERAL SUPPLIES 093096 PUMP & LIFT ST GENERAL SUPPLI 10/21/96 $33.55 JERRY'S HARDWARE GENERAL SUPPLIES 093096. ARENA ICE MAIN GENERAL SUPPLI COUNCIL K REGISTER WED, OCT 16, 1996, 7:42 PM GENERAL SUPPLI JOHNSON, NAOMI CRAFT SUPPLIES ART WORK SOLD 101396 ART CENTER ADM CRAFT SUPPLIES CHECK NO DATE CHECK AMOUNT ART CNTR PROG VENDOR DESCRIPTION INVOICE PROGRAM page it ---------- --------------- ---------- --------- ---------------- PROF SERVICES Jordon Beverage COST OF GOODS SOLD BE 31618 OBJECT PO NUM 17062------ 0 10/21/96 10/21/96 $30.45 $2.20 JERRY'S JERRY'S HARDWARE HARDWARE GENERAL --------- ------ SUPPLIES - - - - -- -------=---------- 093096 PW BUILDING GENE---- GENERAL -------__________ SUPPLI 10/21/96 $13.49 JERRY'S HARDWARE GENERAL GENERAL SUPPLIES SUPPLIES 093096 PUBLIC HEALTH GENERAL SUPPLI 10/21/96 10/21/96 $306.95 JERRY'S HARDWARE GENERAL SUPPLIES 093096 093096 VERNON OCCUPAN EQUIPMENT OPER GENERAL GENERAL SUPPLI 10/21/96 $33.42 $23.08 JERRY'S JERRY'S HARDWARE HARDWARE GENERAL SUPPLIES 093096 GOLF ADMINISTR GENERAL SUPPLI SUPPLI 10/21/96 $8.94 JERRY'S HARDWARE GENERAL GENERAL SUPPLIES SUPPLIES 093096 ENGINEERING GE GENERAL SUPPLI 10/21/96 $32.44 JERRY'S HARDWARE GENERAL SUPPLIES 093096 093096 YORK OCCUPANCY GENERAL SUPPLI < *> $1,661.39* GOLF DOME GENERAL SUPPLI 170621 10/21/96 ,10/21/96 170622 10/21/96 170623 10/21/96 170625 < *> 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 170626 10/21/96 10/21/96 10/21/96 170627 10/21/96 170628 10/21/96 170629 10/21/96 < *> 170630 10/21/96 10/21/96 $360.89 JERRY'S PRINTING $325.89 JERRY'S PRINTING $686.78* $86.03 JIMMY JINGLE $86.03* $56.73 $56.73* $141.12 -$7.84 -$6.88 - $14.75 - $54.27 -$6.05 $3,076.15 $1,594.95 $6,314.98 $2,197.77 $1,373.42 $1,314.09 $1,326.94 $2,279.00 $1,937.62 $4,761.58 $872.29 $27,100.12* $38.40 $162.12 $24.00 $224.52* $100.00 $100.00* $112.50 $112.50* $170.00 $170.00* $548.60 $521.90 JOHNS, RICHARDS JOHNSON WINE CO. JOHNSON WINE CO. ;JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. 'JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. JOHNSON WINE CO. INSPECTION FORMS 7006 FEE FORMS 7280 EXPENSES FOR MOVE 012075 MILEAGE OR ALLOWANCE 101196 COST OF GOODS SOLD WI 5684964 COST OF GOODS SOLD WI 12881 COST OF GOODS SOLD WI 13560 COST OF GOODS SOLD WI 13760 COST OF GOODS SOLD WI 13845 COST OF GOODS SOLD WI 14029 COST OF GOODS SOLD LI 612236 COST OF GOODS SOLD WI 612237 COST OF GOODS SOLD LI 612238 COST OF GOODS SOLD WI 612239 COST OF GOODS SOLD WI 614706 COST OF GOODS SOLD LI 615380 COST OF GOODS SOLD WI 615381 COST OF GOODS SOLD LI 615382 COST OF GOODS SOLD WI 615383 COST OF GOODS SOLD LI 615384 COST OF GOODS SOLD WI 615385 INSPECTIONS PRINTING INSPECTIONS PRINTING LIQUOR YORK GE.MEETING EXPENS ED ADMINISTRAT MILEAGE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD WINE YORK SELLING CST OF GD WINE YORK SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF.GD LIQU VERNON SELLING CST OF GD WINE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE YORK SELLING CST OF GD LIQU YORK SELLING CST OF GD WINE VERNON SELLING CST OF GD LIQU VERNON SELLING CST OF GD WINE 1394 1395 JOHNSON, NAOMI JOHNSON, NAOMI GENERAL SUPPLIES 101396 ART CENTER BLD GENERAL SUPPLI JOHNSON, NAOMI CRAFT SUPPLIES ART WORK SOLD 101396 ART CENTER ADM CRAFT SUPPLIES 101396 ART CNTR PROG SALES OTHER JOHNSON, WALTER POLICE SERVICES 102196 RESERVE PROGRA PERS SERVICES JONES, JENNIFER SKATING INSTRUCTOR -ED 100496, ED ADMINISTRAT PROF SERVICES Jordon Beverage COST OF GOODS SOLD BE 31618 VERNON SELLING CST OF GDS BEE JP FOODSERVICES INC JP FOODSERVICES INC CLEANING SUPPLIES GENERAL 093096 GRILL CLEANING SUPPL 5640 SUPPLIES 093096 GRILL GENERAL SUPPLI 5640 COUNCIL CHECK ..EGISTER WED, OCT 16, 1996, 7:42 PM page 14_ CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -----------------------------------------------------------------------------------------------------------------=------------------ 170630 10/21/96 $3,955.75 JP FOODSERVICES INC COST OF GOODS SOLD 093096 GRILL COST OF GD SOL < *> $5,026.25* 170631 10/21/96 $126.20 JR JOHNSON SUPPLY FLOWERS 47151 ED BUILDING & TREES FLWR SHR 1717 . - 10/21/96 `$243.23 JR JOHNSON SUPPLY FLOWERS 48397 ED BUILDING & TREES FLWR SHR 2013 < *> $369.43* 170632 10/21/96 $11.16 JULIEN, DIANE MILEAGE OR ALLOWANCE 100896 EQUIPMENT OPER MILEAGE < *> $11.16* - 170633 10/21/96 $42.59 JUSTUS LUMBER DRILL 20834. LIFT STATION M TOOLS 9805 10/21/96 $94.12 JUSTUS LUMBER LUMBER 24391. ED BUILDING & PAINT 1133 10/21/96 $164.64 JUSTUS LUMBER MISC SUPLIES 26479. STREET RENOVAT GENERAL SUPPLI 1423 < *> $301.35* 170634 10/21/96 $65.18 KANE SERVICE, THE 9/28 SIMS. 7428704 ED BUILDING &. PROF SERVICES < *> $65.18* 170635 10/21/96 $11.00 KARE 11 FIRE PREVENTION 100196 FIRE DEPT., GEN FIRE PREVENTIO 1819 < *> $11.00_* 170636 10/21/96 $213.18 KATTREH, ANN GENERAL SUPPLIES.- 101496 ED BUILDING & GENERAL SUPPLI 10/21/96 $15.05 KATTREH, ANN POSTAGE :' 101496 ED ADMINISTRAT POSTAGE 10/21/96 $15.99 KATTREH, ANN LAUNDRY 101496 ED BUILDING & LAUNDRY < *> $244.22* 170637 10/21/96 $2,750.00 KENADY PAINTING PAINTING 274508 CLUB HOUSE PROF SERVICES 1399 -10/21/96 $450.00 KENADY PAINTING O/S PAINT BLDG 274517 CLUB HOUSE PROF SERVICES 2199 < *> $3,200.00* 170638 10/21/96. $37.33 KEPRIOS, JOHN REIMBUR - PROJECTOR BUL 101096 GUN RANGE GENERAL SUPPLI < *> $37:33* 170639 10/21/96 $80.00 KIFFMEYER, WALLY UMPIRE PAY 100496 EDINA ATHLETIC PROF SERVICES < *> $80.00* 170640 10/21/96 $95.30 KNOX COMM CREDIT GENERAL SUPPLIES 217138 ARENA BLDG /GRO GENERAL SUPPLI 9376 10/21/96 $12.35 KNOX COMM CREDIT ROOF CEMENT 228952 TRAFFIC SIGNAL GENERAL SUPPLI 1605 .10/21/96 $277.42 KNOX COMM CREDIT RAMP PAINTING 230070 PARKING RAMP REPAIR PARTS 1741 10/21/96 $154.66 KNOX COMM CREDIT RAMP PAINTING 230618 PARKING RAMP GENERAL- SUPPLI'1768 10/21/96 $35.21 KNOX COMM CREDIT GENERAL SUPPLIES 232157 ARENA BLDG /GRO GENERAL SUPPLI 2072 < *> $574.94* 170641 10/21/96 $634.60 KUETHER DIST. CO. COST OF GOODS SOLD BE 167885, 50TH ST SELLIN CST OF GDS BEE 10/21/96 $15.95 KUETHER DIST. CO. COST OF GOODS SOLD MI 167885 50TH ST SELLIN CST OF GDS MIX 10/21/96 $1,121.35 KUETHER DIST. CO. COST OF GOODS SOLD BE 168327 YORK SELLING CST OF GDS BEE < *> $1,771.90+ 170642 10/21/96 $923.00 LAKE RESTORATION INC LAKE_WEED CONTROL 20219 PATHS & HARD S PROF SERVICES 10/21/96 $740.00 LAKE RESTORATION INC LAKE WEED CONTROL 3558 PATHS & HARD S PROF SERVICES 10/21/96 $354.00 LAKE RESTORATION INC LAKE WEED CONTROL 3562/1ST PATHS & HARD S PROF SERVICES, 10/21/96 $470..00 LAKE RESTORATION INC LAKE WEED CONTROL 5027 PATHS & HARD:S PROF SERVICES < *> $2,487.00 *. 170643 10/21/96 $3,807.37 LANO EQUIPMENT 2560 STANLEY HYDRO HA 100396 GENERAL STORM EQUIP REPLACEM 2076 COUNCIL C : REGISTER WED, OCT 16,,1996, 7:42 PM page CHECK NO DATE -------------------------------------------------% CHECK AMOUNT VENDOR DESCRIPTION --------------------------------------------------------- INVOICE PROGRAM OBJECT PO NUM * <.> $3,807.37* ------------ 170644 10/21/96 10/21/96 $159.61 $111.05 LAWSON LAWSON PRODUCTS INC. HARDWARE 1535926 EQUIPMENT OPER ACCESSORIES 1610 10/21/96 $440.73 LAWSON PRODUCTS PRODUCTS INC. INC. HAND TOOLS ALLOY BOLTS 1536173 BUILDING MAINT TOOLS 1624 .10/21/96_ $260.09 LAWSON PRODUCTS INC. DRILL KIT 1539455 1539456 SNOW & ICE REM. GENERAL GENERAL SUPPLI 1759 10/21/96 10/21/96 $170•:17 LAWSON PRODUCTS INC. SAW BLADE 1539457 MAINT ST LIGHTING OR TOOLS GENERAL SUPPLI 1575 1760 -. 10/21/96 $57.27 $204.46 LAWSON LAWSON PRODUCTS PRODUCTS INC. INC. PROTECTIVE COATING HARDWARE. 1539458 DISTRIBUTION GENERAL SUPPLI 1761 10/21/96 $96.38 LAWSON PRODUCTS INC. SILICON FRO LIFT PUMP 1540297 1543986 EQUIPMENT OPER LIFT STATION M REPAIR PARTS 1762 < *> $1,499.76* GENERAL SUPPLI 1960 170645 *� `10/21/96 $370.78 LEATHER MAN LIMITED COST OF GOODS - PRO S 45534 PRO SHOP COST- OF.•GDS -PR 1660 < $370.78* 170646 .10/21/96 10/21/96 $84.94 LEEF BROS. INC. LAUNDRY 093096/A ART CENTER BLD LAUNDRY < *> $38.39- LEEF BROS.-INC. LAUNDRY 093096/G MAINT-OF COURS LAUNDRY_ $123.33* 170647 10/21/96 10/21/96 $168.85 LEHMANN FARMS COST OF GOODS SOLD MI 58688 50TH ST SELLIN CST OF GDS MIX . < *> $190.41 LEHMANN FARMS COST OF GOODS SOLD MI 58694 - VERNON SELLING CST OF-GDS MIX $359.26* 170648 10/21/96 10/21/96 $955.14 LEITNER COMPANY SOD & BLACK DIRT _ 093096 NORMAN. MAINT. SOD & DIRT $838.05 LEITNER COMPANY SOD '& BLACK DIRT '093096 ' MAINT OF COURS SOD & DIRT < *> $1,793.19* 170649 *> 10/21/96 $87.15 LESSMAN, GREG COST OF GOODS - PRO S "10848 'PRO SHOP COST OF GDS -PR 5613 < $87.15* 170650 10/21/96 $7.05 LINHOFF PHOT FINISHING 18539 FIRE DEPT. GEN PHOTO SUPPLIES < *> $7.05* 170651 10/21/96 $46.25 LOVEGREEN - INDUSTRIAL SER GENERAL REPAIR J38184 50TH ST OCCUPA CONTR REPAIRS < *> $46.25* 170652 10/21/96 $94.85 LUTZ, R. MICHAEL CONT ED- POLICE 101496 POLICE DEPT. G CONF & SCHOOLS < *> $94.85* 170653 *> 10/21/96 $510.00 MAC QUEEN EQUIP INC. -. WORKSHOP 100796 TRAINING TRAINING AIDS < $510.00* 170654 10/21/96 $800.00 MACK, RON 2 SETS CONCRETE STEPS 100796 CDBG PROG PROF SERVICES < *> $800.00* 170656 10/21/96 10/21/96 $531.75 $682.00 MARK VII MARK SALES COST OF GOODS SOLD BE 093096/5 50TH ST SELLIN CST OF GDS BEE 10/21/96 $63.00 VII MARK VII SALES - SALES COST OF-GOODS SOLD BE 093096/G GRILL CST OF GDS BEE 10/21/96 $0.20 MARK VII SALES COST OF GOODS SOLD BE COST OF GOODS SOLD BE 093096/N 093096/Y NORMANDALE GC YORK SELLING CST OF GDS BEE 10/21/96 10/21/96 -$0.05 MARK VII SALES COST OF GOODS SOLD BE 093096/Y YORK SELLING. CST OF GDS BEE CST OF GDS BEE 10/21/96 $668.20 $1,150.45 MARK VII MARK VII SALES COST OF GOODS SOLD BE 566871. 50TH ST SELLIN CST OF GDS BEE 10/21/96 $114.85 MARK VII SALES SALES COST OF GOODS SOLD BE 566884 VERNON SELLING CST OF GDS BEE 10/21/96 -$8.00 MARK VII SALES COST OF GOODS SOLD BE COST OF 566.885 VERNON SELLING CST OF GDS BEE 10/21/96 $31.00 MARK VII SALES GOODS SOLD WI COST OF GOODS SOLD BE 669., 567380 VERNON SELLING 50TH CST OF GD WINE ST SELLIN CST OF GDS BEE COUNCIL CHECK .IEGISTER WED, OCT 16, 1996, 7:42 PM SUPPLI 170662 10/21/96 <t> BUILDING 170663 10/21/96 SUPPLI page 16 CHECK NO DATE CHECK AMOUNT 10/21/96 VENDOR DESCRIPTION _ 2308 INVOICE PRbGRAM 10/21/96 OBJECT 10/21/96 PO NUM --------------.---------------------------------------------------------------------------'------------------------------------------- 170656 10/21/96 $2,446.35 MARK VII SALES COST OF GOODS SOLD BE 5673.81 50TH;ST SELLIN CST OF GDS BEE 170666 10/21/96 $26.50 MARK VII SALES COST OF GOODS SOLD MI 567382 50TH'ST SELLIN CST OF GDS MIX 10/21/96 $1,349.90 MARK VII SALES _ COST OF GOODS SOLD BE 569163 VERNON SELLING CST OF GDS BEE 10/21/96 $1,560.41 MARK VII SALES COST OF GOODS SOLD BE 569389, 50TH ST SELLIN CST. OF GDS BEE 10/21/96 $13.25 MARK VII SALES COST OF GOODS SOLD MI 569390 50TH ST SELLIN CST OF GDS MIX 10/21/96 $2,980.10 MARK VII SALES COST OF GOODS SOLD BE 569458 VERNON SELLING CST OF GDS•BEE 10/21/96 $27.05 MARK VII SALES COST OF GOODS SOLD BE 569459 VERNON SELLING CST OF GDS BEE 10/21/96 $439.40 _ MARK VII SALES COST OF GOODS SOLD BE 571840 VERNON SELLING CST OF GDS BEE <* >. $12,076.36* 170657 10/21/96 $306.00 MARTIN - MCALLISTER PRE - EMPLOYMENT 8310 CENT SVC GENER.ADVERT PERSONL < *> $306.00* 170658 -10/21/96 $408.96 MCCAREN DESIGN PLANTS 3156 ED BUILDING & TREES FLWR SHR 1787 < *> $408.96* 170659 1`0/21/96 $179.25. MEDICARE /METRA HEALTH OVERPAYMENT AMBULANCE 960519 GENERAL FD PRO AMBULANCE FEES - < *> $179.25* 170660 10/21/96 $153.36 MENARDS ACCT #30240251 HOT WATER HEATER /POOL 665402 BUILDING MAINT REPAIR PARTS 7294 10/21/96 $174.52- MENARDS ACCT #30240251 MATERIAL TEACH BLDG 17269 TEACHING BLDG CIP 2022 10/21/96 $11.41 MENARDS ACCT #30240251 TEACH-BLDG 17404 TEACHING BLDG CIP 2037 10/21/96, $136.85 MENARDS ACCT #30240251 PAINT TEACH BLDG. 764260 TEACHING'BLDG CIP 2023 < ±> $476.14* 170661 10/21/96 $50.74 $107.11 -' $66.26, $224.11* $142.71:. $142:71* $100:00 $100.00* $289.57 $128.86 $87.63 $479.25 $499.39 $76.62 $459.21 $1,318.80 $490.96 $365.02 $4,195.31* $410.00 $91.354 $501.35* MENARDS MENARDS MENARDS MENARDS MERFELD, BURT MERIT SUPPLY MERIT'SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY. MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MESSERLI & KRAMER MESSERLI & KRAMER DROP CLOTH PUC TUBING IRRIGATION PARTS SUPPLIES 12570 10/21/96 BUILDING 10/21/96 'GENERAL SUPPLI 170662 10/21/96 <t> BUILDING 170663 10/21/96 SUPPLI 2201 170664 10/21/96 BUILDING 10/21/96 GENERAL 10/21/96 2308 10/21/96 10/21/96 10/21/96 10/21/96 10%21/96 10/21/96 10/21/96 1706165 10/21/96-1 10/21/96, 170666 10/21/96 $50.74 $107.11 -' $66.26, $224.11* $142.71:. $142:71* $100:00 $100.00* $289.57 $128.86 $87.63 $479.25 $499.39 $76.62 $459.21 $1,318.80 $490.96 $365.02 $4,195.31* $410.00 $91.354 $501.35* MENARDS MENARDS MENARDS MENARDS MERFELD, BURT MERIT SUPPLY MERIT'SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY. MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MERIT SUPPLY MESSERLI & KRAMER MESSERLI & KRAMER DROP CLOTH PUC TUBING IRRIGATION PARTS SUPPLIES 12570 ED BUILDING & 'GENERAL SUPPLI 2240 12613 ED BUILDING & GENERAL SUPPLI 2201 12708 ED BUILDING & GENERAL SUPPLI 2308 24517 POLICE SERVICES 102196 CLEANING SUPPLIES 43312 POLYLINERS. 43317 CONTRACTED REPAIRS 43332 GARBAGE BAGS 43364 EQUIPMENT FOR GREENHO 43402 CLEANERS. 43433 COIN MECH PARTS,�MISC 43444 LOCKERS -STAT 2 43451 MATADOR MOTOR 43453 CLEANING SUPPLIES 43486 ED BUILDING& GENERAL SUPPLI 2350 RESERVE PROGRA PERS'SERVICES BUILDING MAINT GENERAL SUPPLI 1309 PW BUILDING CLEANING SUPPL 1728 ART CENTER BLD CONTR REPAIRS 1549 LITTER REMOVAL GENERAL SUPPLI 1777 GENERAL TURF C TOOLS 1678 RANGE - GENERAL SUPPLI 2020. ED BUILDING & REPAIR PARTS- 2068, . NEW STATION -EQUIP REPLACEM 1224 ED BUILDING '& GENERAL SUPPLI 2187 ARENA BLDG /GRO CLEANING SUPPL COURT COSTS 092596 GENERAL FD PRO AMBULANCE FEES COLLECT FEES 092596 GENERAL FD PRO AMBULANCE FEES $2,520.00 MIDLAND HEATING & AIR CO NEW'FURNACE /WATER HEA 100296 GENERAL FD PRO PROF SERVICES $2,520.00* COUNCIL K REGISTER WED, OCT 16, 1996,. 7:42 PM page 17 CHECK NO DATE ------------------------------------------------------------"----------------------------------=------------------ CHECK AMOUNT VENDOR DESCRIPTION INVOICE PkOGRAM OBJECT PO NUM 170667 *> 10/21/96 $183.72 MIDWAY INDUSTRIAL SUPPLY PUMP SAVER /BALL VALVE 229724 EQUIPMENT OPER ------------------ REPAIR PARTS 1973 < $183.72• _ 170668 10/21/96 10/21/96 $111.83 $179.91 MIDWEST ASPHALT COR. MIDWEST BLACKTOP 4437MB GENERAL MAINT BLACKTOP 10/21/96 $1,199.53 ASPHALT COR. MIDWEST ASPHALT COR. BLACKTOP BLACKTOP 62577MB GENERAL MAINT BLACKTOP 10/21/96, .$1,856.72 MIDWEST ASPHALT COR. BLACKTOP 62577MB 62577MB DISTRIBUTION STREET RENOVAT BLACKTOP BLACKTOP < *> $3,347.99* 170669 < *> 10/21/96 $41.91 MIDWEST BADGE GENERAL SUPPLIES .101940 ART SUPPLY-GIF GENERAL SUPPLI 1056. $41.91* 170670 *> 10/21/96 $462.17 MIDWEST CHEMICAL SUPPLY T.P. & LINERS 14037 CITY HALL GENE PAPER. SUPPLIES 2205 < $462.17* 170671 10/21/96 10/21/96 $188.35 MIDWEST COCA -COLA BOTTLI COST OF GOODS SOLD MI 08096801 YORK SELLING CST OF GDS MIX $229.25 MIDWEST COCA -COLA BOTTLI COST OF GOODS SOLD MI 08119702 VERNON SELLING CST OF GDS MIX < *> $417.60* 170672 *> 10/21/96 $142.03 MIDWEST WIRE & STEEL DEER BAIT 00112061.DEER CONTROL -GENERAL SUPPLI 1941 < $142.03* 170673. 10/21/96 $58.17 ' MILLER DAVIS LEGAL FORMS MN'BOOK FILLER 0727930 -ADMINISTRATION ADVERTISING LE < *> $58.17* 170674 10/21/96 $410:40 MINING AUGER & TOOL WORK.JACKHAMMER 8743 PARKING RAMP TOOLS 1721 10/21/96 $270.80 MINING AUGER & TOOL WORK JACK HAMMER PARTS /REP 8782 PARKING RAMP' GENERAL SUPPLI 1951 < *> $681.20* 170675 *> 10./21/96 $450.40 MINN COMM PAGING PAGERS 30343010 ED BUILDING & SVC CONTR E UI Q < $450.40* 170676 10/21/96 10/21/96 $1,062.40 MINNEAPOLIS & SUBURBAN S REPAIR.SERVICE LINES 30910 DISTRIBUTION CONTR REPAIRS P1757 < *> $320.00 $1,382.40* MINNEAPOLIS & SUBURBAN S REPAIR STOP BOX 3091,8 DISTRIBUTION CONTR REPAIRS 2256 170677 *> 10/21/96 $36.81 MINNEAPOLIS OXYGEN COMPA COST OF GOODS SOLD R1099603 GRILL COST OF GD SOL 6613 < $36.81* 170679 10/21/96 $107.77 MINNEGASCO HEAT 102196 FIRE DEPT. GEN HEAT 10/21/96 10/21/96 $52.23 $129.83. MINNEGASCO MINNEGASCO HEAT 102196 CITY HALL GENE HEAT 10/21/96 $256.25 MINNEGASCO HEAT HEAT 102196 PW BUILDING HEAT 10/21/96 $85.71 MINNEGASCO HEAT 102196 102196 BUILDING MAINT ART CENTER BLD HEAT HEAT 10/21/96 10/21/96 $3,840.81 $96.98 MINNEGASCO MINNEGASCO HEAT 102196 POOL OPERATION HEAT 10/21/96 $28.29 MINNEGASCO HEAT IIRA'[ 102196 - 102196 CLUB 1101It:E MAINT ov co11RS HEAT HEAT 10/21/96 10/21/96 $594.73- $223.36 MINNLc;A! ;c'O MINNEGASCO IIEAT 102196 GOLF DoMI: HEAT 10/21/96 $439.03 MINNEGASCO BEAT HEAT 102196 ARENA RI.DG /GRO HEAT 10/21/96 $94.75 MINNEGASCO HEAT 102196 102196 ED BUILDING &. PUMP & LIFT ST HEAT HEAT 10/21/96 10/21/96 $1,098.'97 $9.88 MINNEGASCO .HEAT MINNEGASCO 102196 DISTRIBUTION'., HEAT 10/21/96 $20.10 MINNEGASCO HEAT HEAT 102196 50TH ST OCCUPA HEAT 10/21/96 $17.39 MINNEGASCO HEAT 102196 102196 YORK OCCUPANCY VERNON OCCUPAN HEAT HEAT COUNCIL CHECr. .,.EGISTER WED, OCT 16, 1996, 7:42 PM page 18 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ < *> $7,096.08* 170680 10/21/96 $86.28 MINNESOTA CLAY USA '.GENERAL SUPPLIES 18826 ART CENTER BLD GENERAL SUPPLI 1794 < *> $86.28* 170681 10/21/96 $120.00 MINNESOTA DEPARTMENT OF LICENSE 100196 GENERAL(BILLIN LIC & PERMITS . < *> $120.00* 170682 10/21/96 $210.00 MINNESOTA DEPARTMENT OF FIRE ARM SAFETY'COURS 101496 GENERAL FD PRO REGISTRATION F < *> $210.00* 170683 10/21/96 $25.00 MINNESOTA DEPARTMENT OF LICENSE 100796 EQUIPMENT OPER WELDING SUPPLI < *> $25.00* 170684 10/21/96 $73.15 MINNESOTA ELEVATOR INC MONTHLY ELEVATOR 90350- ED BUILDING & SVC CONTR EQUI c *> $73.15* 170685 10/21/96 $1,185.50 MINNESOTA PIPE & EQUIPME CHECK VALVES 38382 LIFT STATION M REPAIR 'PARTS P1756 10/21/96 $2,084.95 MINNESOTA PIPE & EQUIPME FIRE HYDRANTS 38432- DISTRIBUTION REPAIR PARTS P1752 10/21/96 $492.86_ MINNESOTA PIPE & EQUIPME -CHECK VALVE 39.075 GENERAL STORM GENERAL SUPPLI 2007 10/21/96 -. $234.62 MINNESOTA PIPE & EQUIPME PVC PIPE 39207 SEWER TREATMEN GENERAL SUPPLI 2008 10/21/96 $56.63 MINNESOTA PIPE & EQUIPME LIFT STATION FITTINGS 39533 LIFT STATION.M REPAIR PARTS 2125 < *> $4,054.56* 170686 10/21/96 $3,985.87 MINNESOTA STATE TREASURE STATE SURCHARGE AUG 1996 GENERAL FD PRO SURTAX < *> $3,985.87* 170687 10/21/96,. $274.50 MINNESOTA SUN PUBLICATIO ADVERTISING I14286 GOLF ADMINISTR PRINTING 10/21/96 $235.44 MINNESOTA SUN PUBLICATIO PUBLIC HEARING NOTICE I14504 ADMINISTRATION ADVERTISING LE 10/21/96 $64.31• MINNESOTA SUN PUBLICATIO P.H. NOTICE - EASEMENT I14506 ADMINISTRATION ADVERTISING LE 10/21/96 $59.04 MINNESOTA SUN PUBLICATIO AD FOR BID I14951 ADMINISTRATION ADVERTISING LE 10/21/96 $62.13 MINNESOTA SUN PUBLICATIO P.H._NOTICE - I14952 ADMINISTRATION ADVERTISING LE' 10/21/96 $135.78 MINNESOTA SUN PUBLICATIO AD FOR BID I15426 ADMINISTRATION ADVERTISING LE 10/21/96 $72.16 MINNESOTA SUN PUBLICATIO AD FOR BIDS I15427 ADMINISTRATION -ADVERTISING LE, 10/21/96 $91.84 MINNESOTA SUN PUBLICATIO PUBLIC HEARING NOTICE I15428 ADMINISTRATION ADVERTISING LE 10/21/96 $72.16 MINNESOTA SUN PUBLICATIO AD FOR BIDS I15429 ADMINISTRATION ADVERTISING LE- < *> $1,067.36* 170688 10/21/96 $82.00 MITCHELL INTERNATIONAL WINDOWS RENEWAL 1698385 EQUIPMENT OPER ACCESSORIES < *> $82.00* 170689 10/21/96 $120.00 MNSCIA CONT ED- POLICE 101496 POLICE DEPT. I CONF & SCHOOLS - <*> $120.00* 170690 10/21/96 $46.00 MOORE MEDICAL AMBULANCE SUPPLIES 8763799 FIRE DEPT. GEN FIRST AID SUPP 1520 10/21/96 $56.50 MOORE MEDICAL AMBi1LANCF. SUPPLIES 8763803' FIRE DEPT. GEN FTRST ATD SUPP 1520 < *> $102.50* 170691 10/21/96 $68.00 MDSE, WILLIAM UMPIRE PAY 100496 EDINA ATHLETIC PROF.SERVICES < *> $68.00* 170692 10/21/96 7$148.25 MTI DISTRIBUTING CO IRRIGATION PRODUCTS C83005 MAINT OF COURS IRRIGATION EQU 9481 10/21/96 $499.41 MTI DISTRIBUTING CO IRRIGATION PARTS I122218 MAINT OF COURS.IRRIGATION EQU 1209 10/21/96 $3,079.98 MTI DISTRIBUTING CO REPAIR PARTS I127005 EQUIPMENT OPER REPAIR PARTS 6798 10/21/96 $64.70 MTI DISTRIBUTING CO SUPPLIES I129668 MAINT OF COURS GENERAL SUPPLI 1873 COUNCIL K REGISTER WED, OCT 16, 1996, 7:42 PM page I-') CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM - ---- -- - - - -- ---- - - --- -- -----------------------------=---- OBJECT PO NUM < > $3, 495. 84 + -------------------------- 17 -0693 < +> 10/21%96 $15.00 $15.00* NATIONAL ARBOR DAY FOUND SUBSCRIPTION 100296 PARK ADMIN. DUES &JSUBSCRI 170694 < *> 10%21/96 $206.50 NATIONAL CUSTOM ENTERPRI LIFEPAK HOLDER 45157 FIRE DEPT. GEN FIRST AID SUPP 1807 $206.50* 170695 < *> 10/21/9.6 $49.50 $49.50* NATIONAL.PEN:CORPORATION PENS TM L4 CITY HALL GENE GENERAL SUPPLI 2335 170696 < *> 10/21/96 $92.76 $92.76* NEBCO,EVANS.DISTRIB OPEN HOUSE - POPCORN 589310 FIRE DEPT. GEN FIRE PREVENTIO 1813', 170697 < *> . 10/21/96 $215.65 .$215.65*- NESS, JOHNSON. OVRPYMT /REFUND /WATERM 100996 CONSTRUCT PROG•ESCROW DEPOSIT 170698 < *> 10/21/96 •$353.50 $353.50* NEXTEL RADIO 1194463. EQUIPMENT. -OPER RADIO SERVICE 3773 170699 < *> 10/21/96 $100.00 $100.00* NISSEN, DICK POLICE SERVICES 1021 96 RESERVE PROGRA PERS SERVICES 170700 10/21/96 10/21/96 $79.88 $47.93. NORMAN, POLLY NORMAN, PROFESSIONAL SERVICES 100296 PARK ADMIN. PROF SERVICES < +� $127.81* POLLY PROFESSIONAL SERVICES 101196 PARK ADMIN. PROF SERVICES 170701_ < *> 10/21/96 $160.40 $160.40* NORMED AMBULANCE SUPPLIES 09662015 FIRE DEPT. -GEN FIRST -AID SUPP -1808 170.702 < *> 10/21/96 $242.82 $242.82* "NORTH STAR CONCRETE COMP CATCH BASIN IN CASTIN 7905501 ..GENERAL STORM GENERAL SUPPLI 1461 170703 < *> 10/21/96 $90.09 $90.09* NORTH STAR TURF REPAIR PARTS 134910 MAINT OF'COURS REPAIR PARTS 1870. 170704 10/21/96 $165,375.42 NORTHDALE CONSTRUCTION.0 CONSTR. IN PROGRESS 96 -3PYMT STORM SEWER CIP < *> $165,375.42* 170705 10/21/96 10/21/96 $72.00 $27.90 NORTHSTAR ICE- NORTHSTAR COST OF GOODS SOLD MI 92169 VERNON SELLING CST OF GDS MIX' 10/21/96 $30.76 ICE NORTHSTAR ICE COST OF GOODS SOLD.MI.92170 COST 50TH ST SELLIN CST OF GDS MIX 10/21/96 $117.12 NORTHSTAR ICE OF GOODS SOLD MI COST OF GOODS SOLD MI 92759 YORK SELLING CST OF GDS MIX < *> $247.78* 93938 YORK SELLING CST OF GDS MIX 170706 10/21196 10/21/96 - $16.20 $64.90 NORTHWEST GRAPHIC SUPPLY NORTHWEST COST OF GOODS SOLD 246896 ART SUPPLY GIF COST OF GD SOL 1548 10/21/96- $42.60 GRAPHIC SUPPLY NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD COST OF 247048 ART SUPPLY GIF COST OF GD SOL 1797 10/21/96 - $21.90 NORTHWEST GRAPHIC SUPPLY GOODS SOLD COST OF GOODS SOLD 247142 247241 ART SUPPLY GIF ART COST OF GD SOL 1914 10/21/96 10./21/96 $164.44 NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD 247362 SUPPLY GIF ART SUPPLY COST OF GD SOL COST OF GD SOL 1548 1916 < *> $66.72 $300.56* NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD 247422 .GIF ART SUPPLY GIF COST OF GD SOL 1916 170707 10/21/96 10/21/96 $70.77 $355. -50 NORTHWESTERN TIRE CO NORTHWESTERN TIRE TIRES NW32227 EQUIPMENT OPER TIRES & TUBES 1439 i CO TIRES NW32237 EQUIPMENT 0 PER TIRES & TUBES 1647 COUNCIL CHECr, .,EGISTER WED, OCT 16, 1996, 7:42 PM page 20 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -------------------------------------------------------------------------------=----------------------------------=----------------- 170707 10/21/96 .$324.13 NORTHWESTERN TIRE CO TIRES - POLICE NW32292 EQUIPMENT OPER TIRES & TUBES 1439 10/21/96 $259.31 NORTHWESTERN TIRE CO TIRES. NW32293 EQUIPMENT OPER TIRES & TUBES 1439 10/21/96 $66.15 NORTHWESTERN TIRE CO TIRES NW32368 EQUIPMENT OPER TIRES & TUBES < *> $1,075.86* ' 170708 10/21/96 $22,383.79 NSP LIGHT & POWER 102196 ST LIGHTING RE LIGHT & POWER 10/21/96 $3,660.50 NSP LIGHT & POWER 102196 ST LIGHTING OR LIGHT & POWER 10/21/96 $204.45 NSP LIGHT & POWER 102196 TRAFFIC SIGNAL LIGHT & POWER 10/21/96 - $7.71 NSP LIGHT & POWER 102196 PONDS & LAKES LIGHT -& POWER 10/21/96 $968.23 NSP LIGHT &'POWER 102196 PW BUILDING LIGHT.& POWER 10/21/96 $10,613.45' NSP LIGHT & POWER 102196 BUILDING MAINT LIGHT & POWER 10/21/96 $2,188.80 NSP LIGHT & POWER 102196 CLUB-HOUSE LIGHT & POWER 10/21/96 $2,236.43 NSP LIGHT & POWER 102196 PUMP & LIFT ST LIGHT &.POWER 10/21/96 $30,899.10 NSP LIGHT & POWER 102196 DISTRIBUTION LIGHT & POWER 10/21/96 $214.67 NSP PROFESSIONAL SERVICES 102196 - AQUATIC WEEDS PROF SERVICES - 10/21/96 .$4,076.37 NSP LIGHT & POWER 102196 VERNON OCCUPAN LIGHT & POWER < *> $77,453.50* 170709 10/21/96 $175.00 NYHLENS FILTER RECYCLING OIL FILTER RECYCLE 5395 SUPERV. & OVRH HAZ. WASTE DIS 1838 < *> $175.00* 170710 10/21/96 $47.50 OLSEN CHAIN /CABLE SUPPLIES 135431 MAINT OF COURS GENERAL SUPPLI 2033 10/21/96 $70.91 OLSEN CHAIN /CABLE SUPPLIES 135937 MAINT OF COURS GENERAL SUPPLI 2036 170711 10/21/96 $4,270.00 OPM INFORMATION SYSTEM LAPTOP FOR WIN 95 PRO 297617 CENT SVC GENER EQUIP REPLACEM.1684 10/2-1/96 $270.51 OPM INFORMATION SYSTEM MODEM /SFWR /BADGER PRO 297888 GENERAW BILLIN GENERAL SUPPLI 1679 10/21/96 $1,000.00 OPM INFORMATION SYSTEM SERVICE /INSTALL WIN 9 298348 CENT SVC GENER SVC CONTR EQUI 2070 < *> $5,540.51* 170712 10/21/96 $5,883.99 - JOAN PRO FEE LESSONS 101196 ARENA ADMINIST PRO SVC OTHER . < *> $5,883.99* .ORVIS, .170713 10/21/96 $39.50 OTIS SPUNKMEYER INC COST OF GOODS SOLD 4630410 GRILL COST OF GD SOL 5644 10/21/96 $39.50' OTIS SPUNKMEYER INC COOKIES 4630589 GRILL COST -OF GD SOL 5644 < *> $79.00* 170714 10/21/96 $469.26 OWENS SERVICE CO RADIATOR VENT REPAIRS 6351 ED BUILDING & "CONTR- REPAIRS 2343 < *> $469.26* 170715 - 10/21/96 $99.25 P & H WAREHOUSE SALES IN IRRIGATION REPAIR PAR 5632001 GENERAL TURF C REPAIR PARTS 8428 < *> $99.25* 170716 10/21/96 $50.04. PAGING - NETWORK OF MINNES PAGER SERVICE 06407462 INSPECTIONS TELEPHONE < *> $50.04* ,170717 10/21/96 $613.44 PAPER CALMENSON.& COMPAN GENERAL SUPPLIES 26850301 PKBOND CIP GENERAL SUPPLI 1279 10/21/96 $613.44 PAPER CALMENSON & COMPAN GENERAL SUPPLIES 26850301 PKBOND CIP GENERAL SUPPLI 1279 < *> $1,226.88* 170718 10/21196 $456.40 PARAMOUNT CERAMICS INC COST OF GOODS SOLD 91891 ART SUPPLY GIF COST OF GD SOL 1798 < *> $456.40* 17071 "9 10/21/96 $44.36 - PARTS PLUS REPAIR PARTS 168865 ARENA BLDG /GRO CONTR REPAIRS 7498 < *> $44.36* COUNOIL ( C REGISTER WED, OCT 16, 1996, 7:42 PM page 7. l CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM - -- - - --- ---------------------- ----------- - - - - -- ----------- -- - - - - -- _ __________ _----------------------- 170720 10/21/96 $234.30 PATRICK FLAHERTY TRUSTEE OVERPAYMENT AMBULANCE 960168 GENERAL FD PRO AMBULANCE FEES 10/21/96 $416.73 PATRICK FLAHERTY TRUSTEE OVERPAYMENT AMBULANCE 961561 GENERAL FD < *> $651.03* PRO AMBULANCE FEES 170721 10/21/96 10/21/96 10/21'/96 10/21/96 10/2'1/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 < *> 170722 10/21/96 < *> 170723 10/21/96 170724 10/21/96 170726 10/21/96, .10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 $48.60 $960.40 $27.95 $109.00 $155.95 $75.40 $3,185.30 $87.20 $543.20 $783.00 $5,976.00* PAUSTIS & SONS PAUSTIS & SONS PAUSTIS'& SONS PAUSTIS & SONS PAUSTIS & SONS PAUSTIS & SONS PAUSTIS & SONS PAUSTIS & SONS PAUSTIS & SONS PAUSTIS & SONS $56.85 PEPSI -COLA COMPANY $56.85* COST OF GOODS SOLD BE 68481 50TH ST SELLIN CST OF GDS BEE COST OF GOODS SOLD WI 68482 50TH ST SELLIN CST OF GD WINE COST OF GOODS SOLD MI 68483 VERNON SELLING CST OF GDS MIX COST OF GOODS SOLD BE 68484 VERNON SELLING CST OF GDS BEE COST OF GOODS SOLD WI 68485 VERNON SELLING CST OF GD WINE COST OF GOODS SOLD MI 40893509 YORK SELLING CST OF GDS MIX COST OF GOODS SOLD WI 68759 YORK SELLING CST OF GD WINE COST OF GOODS SOLD BE 68760 YORK SELLING `CST OF GDS BEE COST OF GOODS SOLD WI 68761 VERNON SELLING CST OF GD WINE COST OF GOODS SOLD WI 68762 50TH ST SELLIN CST OF GD WINE COST OF GOODS SOLD MI 40193410 VERNON SELLING CST OF GDS MIX $1,560.00 PERFORMANCE DRIVING INC CONT ED- POLICE 8 DRIV 100896 $1,560.00* $25.00 PETERSON, DAVID $25.00* - $60.75 $36.45 - $16.05 -$5.83 - $24.00 $691.10 $1,018.45 $332.09_ $218.77 $1,138.99 $581.09 $1,044.90 $413:60 $448.08 $1,750.55 $298.00 $340.50 $510.35 $797.77 $487.35 $459.30 $1,747.83 $3,018.92 $15,154.56* PHILLIPS.WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE & SPIRITS PHILLIPS WINE &,SPIRITS SERVICES EDINBOROUGH 100996 COST OF GOODS SOLD WI 2927 COST OF GOODS SOLD WI 2928 COST OF GOODS SOLD WI 3102 COST OF GOODS SOLD WI 3103 COST OF GOODS SOLD WI 3386 COST OF GOODS SOLD WI 227547 COST OF GOODS SOLD WI 227548 COST OF GOODS SOLD LI 227692 COST OF GOODS SOLD WI 227693 COST. OF GOODS SOLD LI 227694 COST OF GOODS SOLD WI 228103 COST OF GOODS SOLD WI 228104 COST OF GOODS SOLD WI 229411 COST OF GOODS SOLD WI 229412 COST OF GOODS SOLD WI 229413 COST OF GOODS SOLD WI 229937 COST OF GOODS SOLD LI 230076 COST OF GOODS SOLD WI 230077 COST OF GOODS SOLD LI 230078 COST OF GOODS SOLD WI 230079 COST OF GOODS SOLD LI 230080 COST OF GOODS SOLD WI 230081 COST OF GOODS SOLD WI 230255 POLICE DEPT. G CONF & SCHOOLS ED ADMINISTRAT PROF SERVICES 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TIl ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE YORK SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE YORK SELLING CST OF GD LIQU YORK SELLING CST OF GD WINE VERNON SELLING.CST OF GD LIQU VERNON SELLING CST OF GD WINE YORK SELLING CST OF GD WINE 170727 10/21/96 10/21/96 $153.01 - $127.35 PHYSIO PHYSIO CONTROL AMBULANCE SUPP /RESTOC A99905 FIRE DEPT. GEN FIRST AID SUPP 1218 10/21/96 $107.32 PHYSIO CONTROL CONTROL AMBULANCE SUPP /RESTOC A06101 FIRE DEPT. GEN FIRST AID SUPP 1218 10/21/96 $563.00 PHYSIO CONTROL AMBULANCE SUPPLIES CIVIL DEF- SERVICE CON A06357 D65836 FIRE DEPT. GEN POLICE DEPT. FIRST AID SUPP 1522 10/21/96 $474.00 PHYSIO CONTROL LIFEPAK MAINT D66237 FIRE DEPT. G GEN,EQUIP SVC CONTR EQUI MAINT 8118 COUNCIL CHECK REGISTER WED, OCT 16, 1996, 7:42 PM page 22 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ <*> $1,169.98* 170728 10/21/96 $189.00 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 030223 50TH ST SELLIN CST OF GDS MIX 10/23/96 $149.50 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 030224 VERNON SELLING CST OF GDS MIX 10/21/96 $315.00 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 030238 50TH ST SELLIN CST OF GDS MIX 10/21/96 $266.45- PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 030239 VERNON SELLING CST OF GDS MIX 10/21/96 $205.00 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 961163 50TH ST SELLIN CST OF GDS MIX 10/21/96 $217.95 PINNACLE DISTRIBUTING COST OF GOODS SOLD WI 961164 VERNON SELLING CST OF GD WINE < *> $1,342.90* 170729 10/21/96 $187.07 PIP PRINTING SKATING FLYERS.' 2510 ED ADMINISTRAT PRINTING 2211 10/21/96 - $76.85 PIP PRINTING CORRECTED INVOICE 101496 ED ADMINISTRAT PRINTING . < *> $110.22* 170730 10/21/96 $35.36 PLUNKETTS GENERAL SUPPLIES 406787 ARENA BLDG /GRO GENERAL SUPPLI < *> $35.36* 170731 10/21/96 10/21/96 10/21/96 170732 10/21%96 170733 10/21/96 170734 10/21/96 170735 10/21/96 170737 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 10/21/96 170.738 10/21/96 < *> $500.00 POSITIVE PROMOTIONS $554.03 POSITIVE PROMOTIONS $555.18 POSITIVE PROMOTIONS $1,609.21* $300.00 POSTMASTER $300.00* $213.00 PRECISION LANDSCAPE $213.00* $49.24 $49.24* $60.00 $60.00* - $60.76 - $68.58 $365.91 $77.06 $462.04 $27.49 $599.,91 - $23.85 - $30.30 - $35.45 - $23.64 - $12.86 $43.75 $1,202.89 $656.39 $585.37 - $52.07 $3,713.30* $524.14 $524.14* PRENTICE HALL PRINTERS.SERVICE INC PRIOR.WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE .COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE COMPANY PRIOR WINE - COMPANY FIRE PREV COLORING BO 00348524 GENERAL FD PRO ACCTS REC MISC 1228 FIRE PREVENTION COLOR 00348524 FIRE DEPT. GEN FIRE PREVENTIO 1228 PRINTING 00349975 POLICE DEPT. G PRINTING 1667 SR NEWSLETTER 100396 CENT SVC GENER POSTAGE CONTRACT STUMP CHIPPI 100396 TREES & MAINTE PROF SERVICES 2115 BOOKS AND PAMPHLETS 100896 POLICE DEPT. G BOOKS & PAMPHL BLADE SHARPENING 12765 ARENA ICE MAIN EQUIP MAINT COST OF GOODS: SOLD WI 48305 COST OF GOODS SOLD LI 48943 COST OF GOODS SOLD MI 61840 COST OF GOODS SOLD WI 61841 COST OF GOODS SOLD WI 61842 COST OF GOODS SOLD MI 61845 COST OF.GOODS SOLD WI 61847 COST OF GOODS SOLD WI 49199 COST OF GOODS SOLD WI 49203 COST OF GOODS SOLD WI 49205 COST OF GOODS SOLD WI 49211 COST OF GOODS SOLD MI 49214 COST OF GOODS.SOLD WI 64553 COST OF GOODS SOLD WI 64554 COST OF GOODS SOLD WI 64559 COST OF GOODS SOLD WI 64563 COST OF GOODS SOLD WI 49643 PROFESSIONAL CARPET & UP CARPET CLEANING 13113 50TH ST SELLIN CST OF GD WINE VERNON :SELLING CST OF GD WINE VERNON SELLING CST OF GDS MIX VERNON SELLING CST OF GD WINE, VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GDS MIX 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE YORK SELLING CST OF GD WINE 50TH ST SELLIN CST'OF GD WINE YORK SELLING CST OF GD WINE YORK SELLING CST OF GDS MIX VERNON SELLING CST OF GD WINE' VERNON SELLING CST OF GD WINE 50TH ST SELLIN�CST OF GD WINE YORK SELLING CST OF GD WINE VERNON SELLING CST OF GD WINE FIRE DEPT. GEN CONTR REPAIRS 1818 COUNCIL K REGISTER WED, OCT 16, 1996, •7:42 PM CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM page 23 ----- --------- OBJECT PO NUM 170739 < *> 10 21 96 / $1,329.63 $1,329.63* --- --- ------ PROGRESSIVE CONSULTING E WATER ODOR STUDY . - ----- -------------------------------------- 96017104 DISTRIBUTION - ISTR PROF SERVICES 2170 170740 < *> 10/21/96 $99.00 $99.00* PRYOR RESOURCES SEMINAR 4380490 INSPECTIONS CONE & SCHOOLS 170741 10/21/96 10/21/96 $243.25 $243.24 QUALITY WASTE QUALITY WASTE RUBBISH REMOVAL 102196 GENERAL MAINT RUBBISH REMOVA' 10/21/96 $116.07 QUALITY WASTE RUBBISH REMOVAL RUBBISH REMOVAL 102196 PW BUILDING RUBBISH REMOVA *> 10/21/96 $744.69 QUALITY WASTE RUBBISH REMOVAL 102196 102196 LITTER REMOVAL POOL RUBBISH REMOVA < $1,347.25* OPERATION RUBBISH REMOVA 170742 < *> 10/21/96 $80.55 $80.55* •"R.C. STEELE ACO- GENERAL SUPPLIES 3072794 ANIMAL CONTROL GENERAL SUPPLI 1931 170743 < *> 10/21/96 $765.53 $765.53* RED WING SHOES BOOTS 746 DISTRIBUTION SAFETY EQUIPME 5164 170744 < *> 10/21/96 $2,947.31 $2,947.31* REINER, BRIAN PRO SHOP COMMISSIONS 101096 PRO SHOP PRO SVC OTHER 170745 10/21/96 10/21/96 $394.70 $24.78 REX DISTRIBUTING -CO REX DISTRIBUTING COST OF GOODS SOLD BE 194450 50TH ST"SELLIN CST OF GDS BEE 10/21/96 $24.78 CO REX DISTRIBUTING CO COST OF GOODS SOLD BE COST OF BAL DUE 50TH ST SELLIN CST OF GDS BEE - 10/21/96 $24.79 REX DISTRIBUTING CO GOODS SOLD BE COST OF GOODS SOLD BE BAL DUE YORK SELLING CST OF GDS BEE < *> $469.05* BAL DUE VERNON SELLING CST OF GDS BEE 170746 10/21/96 10/21/96 $253.10 $17.31 RICHFIELD PLUMBING COMPA :RICHFIELD RPZ VALVE REPLACEMENT 5231 ED BUILDING & CONTR REPAIRS 1910 < *> $27041* PLUMBING COMPA "PLUMBING SUPPLIES 1133 ED BUILDING & GENERAL SUPPLI 2206 110747 10/21/96 10/21/96 $125.58 $12.20 RITZ CAMERA RITZ CAMERA CAMERA AND FILM 3757180 PUBLIC HEALTH PHOTO SUPPLIES 1642 - 10/21/96 $17.87 RITZ CAMERA GENERAL SUPPLIES PHOTO FINISHING 3748197 GENERAL TURF C GENERAL SUPPLI 1945 < *> $155.65* 3758388 FIRE DEPT. GEN PHOTO SUPPLIES 170748 < *> 10/21/96. $463.28 $463.28* ROBERT B. HILL GENERAL SUPPLIES 23549 ARENA BLDG /GRO GENERAL SUPPLI 2231 170749 < *> 10/21/96 $4,303.90 $4,303.90* ROLLINS HUDIG HALL OF MI INSURANCE 165215 CENT SVC GENER INSURANCE 170750 10/21/96 16/21/96 $154.87 $121.57 ROLLINS OIL CO ROLLINS OIL CO DIESEL FUEL 76108 MAINT OF COURS GASOLINE 6300 < *> $276.44* DIESEL FUEL 76637 MAINT OF COURS GASOLINE 9379 170751 10/21/96 I0/21/96 $270.00 - $135.00 ROXXI.INC ROXXI INC COST OF GOODS - PRO S 7267 PRO SHOP COST OF GDS -PR < *> $135.00* COST OF.GOODS _ PRO S 10900 PRO Silot'. COST OF GDS -PR 4903 170752 < *> 10/21/96 $164.35 $164.35* RUBBER STAMPEDE CRAFT SUPPLIES 0040732 ART CENTER ADM CRAFT SUPPLIES 1917 170753 < *> 10/21/96 $14.00 $14.00* RUDOLPH; SYLVIA CLASS REFUND 100996 ART CNTR,PROG REGISTRATION F COUNCIL CHECK ..EGISTER WED, OCT 16, 1996, 7:42 PM page 24 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 170754 10/21/96 $2.70.15 RUFFRIDGE JOHNSON EQ CO HINGE COLLAR /SET CO2763 EQUIPMENT OPER REPAIR'PARTS 1732 < *> $270.15* 170755 10/21/96 $102.44 S.T. ROBB BUILDING SUPPLIES 13197 BUILDING MAINT GENERAL SUPPLI 1297 < *> $102.44* 170756 10/21/96 $60.20 SAM'S CLUB DIRECT COMMER MAP,FILM,PROCESSING 100796 GENERAL MAINT GENERAL SUPPLI 10/21/96 $134.14 SAM'S CLUB DIRECT COMMER FILM,BATTERIES,GLOVES 100996 GENERAL MAINT GENERAL SUPPLI < *> $194.34* 170757 10/21/96 $129.10. SAMPSON, GEORGIANA OVERPAYMENT AMBULANCE 960092 GENERAL FD PRO AMBULANCE FEES < *> $129.10* 170758 10/21/96 $154.34 SCAN AIR FILTER MASTER SEAL 11525 CITY HALL GENE REPAIR PARTS 1623 < *> $154.34* 170759 10/21/96 $100.00 SCHATTAUER, JIM CONT SVC EDINBOROUGH 110796 ED ADMINISTRAT PRO SVC OTHER < *> $100.00* 170760 10/21/96 $128.91 SEARS WET VAC ID623228 ENGINEERING GE GENERAL SUPPLI 1773 10/21/96 $224.41 SEARS TOOLS SR754168 MAINT OF,COURS TOOLS 2054 < *> $353.32* 170761 10/21/96 $90.40 SELA ROOFING & REMODELIN JOB CANCELLED 082396 GENERAL FD PRO BUILDING PERMI < *> $90:40* 170762 10/21/96 $20.00 SERRILL, KATHY AC INSTRUCTOR. 101396 ART CENTER ADM PROF,SERVICES 10/21/96 $27.00 SERRILL, .KATHY CRAFT SUPPLIES 10139,6 ART CENTER ADM CRAFT SUPPLIES < *> $47.00* 170763 10/21/96 $100.00 SHEPARD, JOHN POLICE.SERVICES 102196 RESERVE PROGRA PERS SERVICES < *> $100.00* 170764 10/21/96 $123.75 SHERWIN WILLIAMS REPAIR KIT 78652 STREET NAME SI•GENERAL SUPPLI 1951 < *> $123.75* 170765 $90.35 SHIGO & TREES ASSOCIATES BOOKS FOR FORESTRY DE 8589 TREES & MAINTE GENERAL SUPPLI 2268 < *> .10/21/96 $90.35* 170766 10/21/96 $42.03 SIGNAL SYSTEM OFFICE SUPPLIES 3762 ARENA ADMINIST OFFICE SUPPLIE 2071 < *> $42.03* 170767 10/21/96 $47.17 SIGNS PLUS BANNERS DECAL REMOVER 3541A EQUIPMENT OPER GENERAL SUPPLI 1753 < *> $47.17* 170768 10/21/96 $7.77 SIMS SECURITY BALANCE DUE - 090696. ED BUILDING& PROF SERVICES < *> $7.77* 170769 10/21/96 $360,.00 SMIEJA, GARY DRILL.& TAP BEARING B 100796 EQUIPMENT OPER GENERAL SUPPLI < *> $360.00* 170770 .10/21/96 $3,047.31 SMITH, CORY PRO SHOP COMMISSION 101096 PRO SHOP PRO SVC OTHER < *> $3,047.31* 170771 10/21/96 $21.73 SNAP -ON TOOLS PLUG SET /TRANS SET 21536356 EQUIPMENT OPER TOOLS 1735 COUNCIL ( C REGISTER WED, OCT 16,-1996, 7:42 PM page 25 CHECK NO DATE CHECK AMOUNT _ VENDOR - - --- -- - -- -- --- - - - - ------------------------------------------------------------------------------------------------- DESCRIPTION INVOICE PROGRAM OBJECT PO NUM <*> $21.73* 170772 10/21/96 10/21/96 $170.10 SOUTHAM BUSINESS COMMUNI AD FOR BID CPC04848 ADMINISTRATION ADVERTISING LE < *> $352.35 $522.45* SOUTHAM, BUSINESS COMMUNI AD FOR BIDS AQUATIC C CPC04858 ADMINISTRATION PROF SERVICES 170773 10/21/96 10/21/96 $86.15 $1,204.06 SOUTHSIDE DISTRIBUTORS I SOUTHSIDE COST OF GOODS SOLD BE 65730 YORK SELLING CST OF GDS BEE 10/21/96 DISTRIBUTORS I SOUTHSIDE DISTRIBUTORS I'COST COST OF GOODS .SOLD -BE OF 65731 50TH ST SELLIN CST OF GDS BEE 10/21/96 .$120.50 $58.00 SOUTHSIDE DISTRIBUTORS I GOODS SOLD MI BEER 65732 50T14 ST'SELLIN CST OF GDS MIX 10/21/96 $848.20 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD MI 3466 65962 NORMANDALE GC 50TH ST SELLIN CST OF GDS BEE CST OF 9369 10/21/96 $2,811.30 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD BE 66055 YORK SELLING GDS MIX CST,OF GDS BEE. <'> $5,128.21* 170774 *> 10/21/96 $527.18 SPECIALIZED GRAPHICS WATER TAGS 3.773• METER READING GENERAL SUPPLI P1942 < $527.18* 170775 10/21/96 10/21/96 $80.91 $112.10 SPS SPS PUC CEMENT & PVC 2601993, DISTRIBUTION GENERAL SUPPLI 1627 10/21/96. -$143.08 SPS GASKET FOR LIFT PUMPS 2603380 LIFT STATION M REPAIR PARTS 1767 < *> $336.09* PARTS FOR C.H. HTG' 2605127 CITY HALL GENE REPAIR PARTS 1775 170776 10/21/96 10/21/96 $2,403.12 SRF CONSULTING GROUP INC EVP INTERSECTION CONS 2302 -5 -6 PRE - EMPTION EQUIP REPLACEM 10/21/96 $1,567.09 $1,609.26 SRF CONSULTING GROUP INC SRF PROF ENG SERVICES 214710 ENGINEERING GE PROF SERVICES 10/21/96 $3,149.67 CONSULTING GROUP INC SRF CONSULTING GROUP INC PROF ENG SERVICES PROF ENG SERVICES 231510 94520 STREET 70TH & CIP < *> $8,729.14* ST 78TH & CAHI CIP 170777 10/21/96 10/21/96 $222.36 ST. CROIX RECREATION CO GENERAL SUPPLIES 10136 PKBOND CIP GENERAL SUPPLI 9053 - 10/21/96 $778.26 $505.00 ST. CROIX RECREATION CO ST. CROIX .GENERAL SUPPLIES 10136 PKBOND CIP GENERAL SUPPLI 9053 10/21/96 $120.76 RECREATION CO ST. CROIX RECREATION CO GENERAL SUPPLIES GENERAL SUPPLIES 10136 PKBOND CIP GENERAL SUPPLI 9053 10/21/96 $111:18 ST. CROIX RECREATION CO GENERAL SUPPLIES 10136 10136 MOND CIP PKBOND CIP GENERAL SUPPLI GENERAL SUPPLI 9053 9053 10/21/96 10/21/96 $189.93 $1,337.35 ST. CROIX RECREATION CO ST. GENERAL•SUPPLIES 10136 PKBOND CIP GENERAL SUPPLI 9053 10/21/96 $1,337.35 CROIX RECREATION CO ST. CROIX RECREATION CO GENERAL SUPPLIES GENERAL SUPPLIES 10145 PK BOND CIP GENERAL SUPPLI 9949 < *> $4,602.19* 10145 PKBOND CIP GENERAL SUPPLI 9949 170778 10/21/96 $492.19 ST. JOSEPH EQUIPMENT CO TOOTH /HOLDER SI46168 PUMP & LIFT ST GENERAL SUPPLI 1733 < *> $492.19* 170779 10/21/96 $115.66 STANFORD, JAMES & KIRSTI REFUND /OVRPYMT /WATERM 100996 CONSTRUCT PROG ESCROW DEPOSIT <'> $115.66* 170780 10/21/96 $1,202.75 STAR TRIBUNE HELP WANTED ADS 093096 CENT SVC GENER ADVERT PERSONL < *> $1,202.75* 1707AI 10/21/96 $10.00 STATE OF MINNESOTA BOILER LICENSE 1.10,196 GENERAL( PROF SERVICES < *> $10.00* 170782 10/21/96 10/21/96 .$116.85 STREICHERS EQUIPMENT- MAINTENANCE 660611 - POLICE DEPT. G EQUIP MAINT 10/21/96 $111.83 $73.19 STREICHERS STREICHERS CONFERENCES & SCHOOLS 643112 POLICE DEPT. G CONF & SCHOOLS 1791 10/21/96 $181.05 STREICHERS EQUIPMENT MAINTENANCE 662111 POLICE DEPT. G EQUIP MAINT < *> $482.92* AMMUNITION 662511 POLICE DEPT. G AMMUNITION 2189 COUNCIL CHECK .c►3GISTER WED, OCT 16, 1996, -7:42 PM OF GOODS SOLD BE 91467 VERNON page 2C CHECK NO DATE CHECK AMOUNT -------------------------------------.- THORPE VENDOR DESCRIPTION INVOICE PROGRAM GOODS OBJECT BE PO NUM --------------------------- 170783 10/21/96 $389.00 SUBURBAN CHEVROLET ------------------------------------------------------------------ REPLACE WINDSHIELD CVCB2822 EQUIPMENT OPER ACCESSORIES GOODS .. 1625 BE 10/21/96 $7.07 SUBURBAN.CHEVROLET OF GASKET /SEAL 487601 EQUIPMENT OPER REPAIR PARTS 1343 GOODS.SOLD 10/21/96 $2.48 SUBURBAN CHEVROLET STRUT 48899 -EQUIPMENT'OPER BEE 7676 REPAIR PARTS. 1345 10./21/96 $342.59 SUBURBAN CHEVROLET MOTOR KIT, 48970 EQUIPMENT OPER REPAIR PARTS 1727 10/21/96 $138.45, SUBURBAN CHEVROLET PAD KIT 48984 EQUIPMENT OPER REPAIR PARTS 1734 10/21/96. $23.37 SUBURBAN CHEVROLET HANDLE 49156 EQUIPMENT.OPER GENERAL SUPPLI 1742 10/21/96 $117.58 SUBURBAN CHEVROLET STRUT ASM 49845 EQUIPMENT OPER REPAIR PARTS 10/21/96 - $117.58 SUBURBAN CHEVROLET REPAIR PARTS CM49845 EQUIPMENT OPER REPAIR PARTS 10/21/96 $53.92 SUBURBAN CHEVROLET BELT KIT 505031 EQUIPMENT OPER REPAIR PARTS 1845 - 10/21/96 $276.90 SUBURBAN CHEVROLET PAD.KITS 505901 EQUIPMENT OPER REPAIR PARTS 2088 < *> $1,233:78* 170784 10/21/96 $146.66 SUPERAMERICA LP GAS 091796 EQUIPMENT OPER GASOLINE < *> $146.66* 170785 10/21/96 $44.44 SUPERIOR CONTRACTORS JOB AT 5701 PARKWOOD 100496 GENERAL FD PRO MECHAN PERMITS < *> $44.44* 170786 10/21/96 c *> 170787 10/21/.96 10/21/96 10/21/96 170788' 10/21/96 170789 10/21/96 170790 10/21/96 10/21/96 10/21/96 10/21/96 c *> 170791 10/21/96 10/21/96 c *> 170792 10/21/96 10/21/96 170793 10/21/96 ' 170794 10/21/96 < *> 170795 10/21/96 - 10/21/96 e *> $100.00 SWANSON, HAROLD $100.00* $37.26 TARGET $9.04 TARGET $85.93 TARGET $132.23* . $6.05 $6.05* $12,046.00 $12,046.00* $1,083.40 . $321.00 $1,212.75 $230.00 $2,847.15* $455.23 $67.15 $522.38* $124.61 $77.32 $201.93* $2,207.36 $2,207.36* $74.01 $74.01* $13.44 $47.50 $60.94* POLICE SERVICES PHONE ANSWER. BATTERY /PHONE CLEANING SUPPLIES TELEPHONE ANSWERING CENT ANSEWRING SERVICE THOMSEN - NYBECK PROSECUTING 102196 RESERVE.PROGRA PERS SERVICES 61565 GOLF DOME OFFICE SUPPLIE 2192 13732 MAINT OF COURS GENERAL SUPPLI 2364 40364 YORK SELLING GENERAL SUPPLI 091696 GENERAL MAINT GENERAL SUPPLI 106142 LEGAL SERVICES PROF SERVICES THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 91467 VERNON SELLING CST OF GDS BEE THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 91792 GRILL CST OF GDS BEE 7676 - THORPE.DISTRIBUTING COMP COST OF GOODS SOLD BE 91896 VERNON SELLING CST OF GDS BEE THORPE DISTRIBUTING COMP COST OF GOODS.SOLD BE 92238 GRILL. CST OF GDS BEE 7676 TOLL GAS & WELDING SUPPL GENERAL SUPPLIES 380368 TOLL GAS &.WELDING SUPPL WTR CUT GLOVES /02 /ACE 382064 TROPHY WORLD, PLAQUE ENGRAVING 13989 TROPHY WORLD AWARDS 14011 TROSSEN WRIGHT ARCHITECT EQUIPMENT REPLACEMENT 11 . TWIN CITY HARDWARE TWIN CITY OXYGEN CO TWIN CITY OXYGEN CO ART CENTER BLD GENERAL SUPPLI 1059 DISTRIBUTION GENERAL SUPPLI 1754 GOLF ADMINISTR PRINTING 2017 GOLF ADMINISTR GENERAL SUPPLI 2191 NEW STATION EQUIP REPLACEM KICK PLATES 694896 ED BUILDING & GENERAL SUPPLI 1938 - SEPT CYLINDERS 327745 FIRE DEPT. GEN FIRST AID SUPP 5480 OXYGEN 328803 •FIRE DEPT. GEN FIRST AID SUPP 5480 COUNCIL l K REGISTER WED, OCT 16, 1996, 7:42 PM page CHECK NO DATE CHECK AMOUNT -- VENDOR- DESCRIPTION INVOICE PROGRAM OBJECT PO NUM 170796 < *> 10/21/96 $265.21 $265.21* - - - -- - - - - -- TWIN CITY SAW SERVICE CO --------------------- CHAIN SAW SUPPLIES 4899 ED BUILDING & --------------------------- GENERAL SUPPLI 1716 170797 < *> .10/21/96 _ $169.80 $169.80 *' U.S. CAVALRY UNIFORMS 3197457 POL ICE DEPT. G UNIF ALLOW 2074 170798 10/21/96 10/21/96 $568.97 $287.04 UNIFORMS UNLIMITED UNIFORMS UNIFORM ALLOWANCE 100796 POLICE DEPT. G UNIF ALLOW < *> $856.01* UNLIMITED GENERAL SUPPLIES 100796 POLICE DEPT. G GENERAL SUPPLI 170799 < *> 10/21/96 $304.96 $304.96* UNITED AGRI PRODUCTS FERTILIZER 0014991 ED BUILDING & FERTILIZER 2351 170800 10/21/96 10/21/96 $36.59 $44.12 UNITED UNITED ELECTRIC CORP ELECTRIC CORP LITES LITES 20030200 CLUB HOUSE GENERAL SUPPLI 7251 < *> $80.71* 20030201 CLUB HOUSE GENERAL SUPPLI 2019 170802 10/21/96 10/21/96 $180.13 $55.39 US WEST US COMMUNICATIONS TELEPHONE 100496 "PUMP & LIFT ST TELEPHONE 10/21/96 $3,917.45 WEST US WEST COMMUNICATIONS COMMUNICATIONS TELEPHONE TELEPHONE 102196 102196 DARE TELEPHONE 10/21/96 $107.43 US WEST COMMUNICATIONS TELEPHONE 102196 CENT SVC GENER COMMUNICATIONS TELEPHONE TELEPHONE 10/21/96 10/21/96 $239.77 $176.57 US WEST US WEST COMMUNICATIONS TELEPHONE 102196 ART CENTER BLD TELEPHONE 10/21/96 $111.05 US WEST COMMUNICATIONS COMMUNICATIONS TELEPHONE 'TELEPHONE 102196 SKATING & HOCK "BUILDING TELEPHONE 10/21/96 $851.10 US WEST COMMUNICATIONS TELEPHONE 102196 102196 MAINT CLUB-HOUSE TELEPHONE TELEPHONE 10/21/96 10/21./96 $64.03 $310.77 US WEST US COMMUNICATIONS TELEPHONE 102196 MAINT OF COURS TELEPHONE 10/21/96 $53.33 WEST US WEST COMMUNICATIONS COMMUNICATIONS TELEPHONE TELEPHONE 102196 ARENA BLDG /GRO TELEPHONE 10/21/96 $53.54 US WEST COMMUNICATIONS TELEPHONE 102196 102196 GUN RANGE ED BUILDING & TELEPHONE TELEPHONE 10/21/96 10/21/96 $112.43 $611.82 US WEST US COMMUNICATIONS TELEPHONE 102196 PUMP & LIFT ST TELEPHONE 10/21/96 $190.45 WEST US WEST COMMUNICATIONS COMMUNICATIONS TELEPHONE TELEPHONE 162196 DISTRIBUTION TELEPHONE < *> $7,,035.26* 102196 VERNON OCCUPAN TELEPHONE 170803 10/21/96 $109.27 US WEST COMMUNICATIONS FRAME RELAY D0860860 CENT SVC GENER TELEPHONE < *> $109.27* 170804 < *> 10/21/96 $108.50 $108.50* USGA HDCP BOOKS A1011030 GOLF ADMINISTR GENERAL SUPPLI 170805 *> 10/21/96 $3,000.00 VALLEY MICRO WINDOWS 95 TECH TRAIN 934872 CENT SVC GENER CONF & SCHOOLS 2069 < $3,000.00* 170806 *> 10/21/96 $813.80 VAN BLOEM GARDENS MIDWES PLANTINGS & TREES 554317 PK BOND CIP PLANT & TREES P2152 < $813.80* 17.0807 < *> 10/21/96 $85.73 $85.73* VAN PAPER CO. GENERAL SUPPLIES 134675 YORK•SELLING PAPER SUPPLIES 2233 170808 10/21/96 10/21/96 $195.00 $360.11 VANTAGE VANTAGE ELECTRIC DECK LIGHTS REPAIRS 14143 ED BUILDING & PROF SERVICES ELECTRIC ELECTRICAL WORK 14159 ED BUILDING & "CONTR REPAIRS 1892 170809 < 10/21/96 $114.45 $114.45* VESSCO CHLORINE PARTS 11686 WATER TREATMEN REPAIR PARTS 1603 COUNCIL CHECK REGISTER WED, OCT 16, 1996, 7:42 PM page 2' CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM --------------- 170810 ------------- 10/21/96 --------------------------------------------------------------------------------------------------------- $75.01 VIKING SAFETY PRODUCTS SUPPLIES 521315 MAINT OF COURS GENERAL SUPPLI 2038 < *> $75.01* 170811 10/21/96 $494.88 VOSS- LIGHTING- LAMP FOR PARKS 284076 BUILDING MAINT GENERAL SUPPLI 1630 10/21/96 $138.45 VOSS LIGHTING BULBS 284954 PW BUILDING REPAIR PARTS 1969 <*> $633.33* 170912 10/21/96 $325.80 WALKER PROF ENG SERV 210047 - GRANDVIEW REVO PROF SERVICES < *> $325.80* 170813. 10/21/9.6 $100.00 WALSH, WILLIAM POLICE SERVICES 102196 RESERVE PROGRA PERS SERVICES < *> $100.00* 170814 10/21/96 $119.11 WATER PRO VALVE GASKETS: 132547 LIFT STATION,M GENERAL SUPPLI 1778 10/21/96 $406.67 WATER PRO CATCH BASIN 133026 GENERAL STORM GENERAL SUPPLI 2078 < *> $525.78 *. 170815 10/21/96 $39.99 WATERSTREET, JOAN M UNIFORM ALLOWANCE 100896 POLICE DEPT. G UNIF ALLOW < *> $39.99* 170816 10/21/96 $69.25 WENDY'S LUNCHES FOR OPEN HOUS 101496 FIRE DEPT. GEN MEETING EXPENS c *> $69.25* 170817 10/21/96 $36.00 WENZEL, KENNETH AC INSTRUCTOR 101396 ART - CENTER ADM PROF SERVICES < *> $36.00* 170818 10/21/96 $595.50 WERRE,.JIM TRAVEL EXP LAS VEGAS 101096 PRO SHOP MEETING EXPENS 10/21/96 $3,047.31 WERRE, JIM PRO SHOP COMMISSIONS 101096 PRO SHOP PRO SVC OTHER < *> $3,642.81* 170819 10/21/96 $159.72 WEST WELD SUPPLY CO. MISC HARDWARE 474. EQUIPMENT OPER GENERAL SUPPLI 1725 10/21/96 $187.87 WEST WELD SUPPLY CO._ WELDING TIP /HANDLE 868 EQUIPMENT OPER WELDING SUPPLI 1948 . < *> $347.59* _ 170820 10/21/96 $14.55 WESTLINK PAGING PAGER FOR VINCE 100196 BUILDING MAINT TELEPHONE 2100 < *> $14.55* 170821 10/21/96 $55.50 WESTLUND'S VANVALKENBURG CONC 574782 VANVALKENBURG COST OF GD SOL 7586 < *> $55.50* 170822 10/21/96 $54_.97 WILLIAMS STEEL PAINT 70098601 GENERAL(BILLIN MCQUIRE PARK 1594 < *> $54.97* 170823 30/21/96 $20.00 WINE COMPANY, THE COST OF GOODS SOLD BE 8938 50TH ST SELLIN CST OF GDS BEE 10/21/96 $241.90 WINS. COMPANY, THE COST OF GOODS SOLD WI 9001 YORK SELLING CS'f OF GD WINE - 10/21/96 - $23.33 WINE COMPANY, THE COST OF GOODS SOLD WI 9416 50TH ST SELLIN CST OF GD WINE 10/21/96 $1,293.30 WINE COMPANY, THE COST OF GOODS SOLD WI-9438 VERNON SELLING CST OF GD WINE 10/21/96 $1,357.95-.' WINE.COMPANY, THE COST OF GOODS SOLD WI 9439 50TH ST SELtIN'CST OF CD WINE 10/21/96 $2,386.89 WINE COMPANY, THE COST OF GOODS SOLD WI 9609 YORK SELLING CS'T OF GD WINE 10/21/96 $631.60 WINE COMPANY, THE COST OF GOODS SOLD WI 9713 VERNON SELLING CST OF GD WINE 10/21/96, $788.45 WINE COMPANY, THE COST OF GOODS SOLD WI 9714 50TH ST SELLIN CST OF GD WINE < *> $6,696.76* 170824 10/21/96 $560.00 WINE MERCHANTS COST OF GOODS -SOLD WI 16432 50TH ST SELLIN CST OF GD WINE 10/21/96 $25.00 WINE MERCHANTS COST OF GOODS SOLD BE 16433 50TH ST SELLIN CST OF GDS BEE COUNCIL K REGISTER WED, OCT 16, 1996, 7:42 PM CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM Page ' ----------------------------------------------- OBJECT PO NUM $585.00* ___ - - -- 170825 < *> 10/21/96 $236.53 WIS -CON TOTAL POWER CORP RING SET /GASKET 334614 EQUIPMENT OPER REPAIR PART S $236.53* 1840 170826 *> 10/21/96 $1,760.00 $1,760.00* WITZEL TREE MOVING TREES FROM ARENA 1956 MAINT OF COURS COURSE BEAUTIF.2075 170827 < *> 10/21/96 $12.00 $12.00* WOLFSON, RICHARD REFUND FIRE ARM SAFET 100396 GENERAL FD PRO REGISTRATION F 170828 < *> 10/21/96 $47,130.00 $47,130.00* WOODWARD -CLYDE CONSULTAN PROFESSIONAL SERVICES 130475 PKBOND CIP PROF SERVICES 170829 10/21/96 10/21/96 $748.80 $534.00 WORLD CLASS WINES INC WORLD COST OF GOODS SOLD WI 55580 50TH ST SELLIN CST OF, GD WINE 10/21/96 $775.00 CLASS WINES INC WORLD CLASS WINES INC COST OF GOODS SOLD COST WI 557.37 50TH ST SELLIN CST OF GD WINE'-. 10/21/96 $100.00 WORLD CLASS WINES INC OF GOODS SOLD COST OF GOODS WI .55738 VERNON SELLING CST OF GD WINE 10/21/96 $398.80 WORLD CLASS WINES INC SOLD COST OF GOODS SOLD WI 55835 50TH ST SELLIN CST OF GD WINE 10/21/96 $672.95 WORLD'CLASS WINES INC COST OF GOODS SOLD WI WI 55954 55956 VERNON SELLING CST OF GD WINE 10/21/96 $2,259.35 WORLD CLASS WINES INC COST OF GOODS SOLD WI 55963 50TH ST SELLIN `CST CST OF GD WINE < *> $5,488.90* YORK SELLING OF GD WINE 170830 < *> 10/21/96 .$100.00 $100.00* WROBLESKI, HENRY POLICE SERVICES 102196 RESERVE PROGRA PERS SERVICES 170831 < *> 10/21/96 $125.35 $125.35* ZEE MEDICAL SERVICE IST AID SUPPLIES 54184009 ED ADMINISTRAT SAFETY.EQUIPME 170832 < *> 10/21/96 $111.22 $111.22* ZIEGLER INC MIRROR C205779 EQUIPMENT OPER REPAIR PARTS 1758 170833 *> 10/21/96 $55.78 $55.78* ZINS, JANE GENERAL SUPPLIES -ART 101396 ART-CE NTE'R BLD GENERAL SUPPLI $1,376,065.20* COUNCIL CHECK SUMMARY WED, OCT 16, 1996, 7:43 PM page L -------------------------------------------- FUND # 10 GENERAL FUND $207,273.52- ----- - - - - -- FUND # 11 COMMUNITY DEVELP. BLOCK GR $6,298.95 FUND # 12. COMMUNICATIONS $22,286.21 FUND # 15 WORKING CAPITAL $210,720.60 FUND # 23 ART CENTER $4,342.12 FUND.# 26 SWIMMING POOL FUND $4,585.50 FUND # 27 GOLF "COURSE FUND $41,852.11 FUND # 28 ICE ARENA FUND $8,649.65•. FUND # 29 GUN RANGE FUND $864.31 FUND # 30 EDINBOROUGH /CENTENNIAL LAK $11,627.47 FUND # 40 UTILITY FUND $209,867.59 FUND # 41 STORM SEWER UTILITY FUND $4,957.43 FUND # 42 RECYCLING PROGRAM $39,966.57 FUND # 50 LIQUOR DISPENSARY FUND $144,127.01 FUND # 60 CONSTRUCTION FUND $327,543.35 FUND # 61 PARK BOND FUND $131,102.81 $1,376,065.20* Edina City Council Meeting 10/21/96 Mr Mayor and council members, thank you for allowing me to have a few minutes' of your time this evening to speak about several issue that are of concern in our neighborhood. I want to talk briefly about the 6100 block of Kellogg Avenue. We. have 3 concerns: 1 If you have ever spent a summer in Edina you are familiar. with the "Baskin Robbins Ice- Cream corner ", there is also a Great Clips Hair stylist, a Montessorri school, and several businesses, with offices upstairs. The residents of our neighborhood .enjoy the convenience and the friendliness of these businesses but recent parking issues have been a .sore spot in our neighborhood.. At last count there are 16 -18 employees in the one building on our street and only 15 .parking places at this address. Half of these businesses are storefronts and need parking for customers. which leaves little to no parking for employees.. Across the street is Rosters Conoco which also rents Uhaul trucks and trailers. This has also created a problem with parking . trucks an Overflow parking from local businesses 2. Excessive signage on a residential street 3. The large amount of traffic on our street. d trailers on our residential street. I believe it was at, your last meeting that a petition was brought before you and a concern was raised by a resident about needing no parking signage on the 6100 block of Kellogg Avenue. There was an issue brought, up by one resident of our street that parking had become aproblem over the years because of primarily businesses that are located at the intersection of Kellogg Avenue and Valley View Road. Because of a parking shortage at this corner . employees of these businesses, sometimes park at the south end of Kellogg usually for extended periods during the day. This petition for signs was circulated and most residents felt that there was a problem that needed to be addressed however most residents do not want additional signage place on our street especially at the north end where there has never been a parking problem. When my wife an d I were asked to sign the petition we disagreed with the approach of this neighbor and did not sign it. We were surprised to find that there had not been any attempt to communicate with these businesses. We personally contacted most businesses in this building and updated them as to our concerns, before the signs were put up this month, most of the parking problems had been solved. I contacted Greg Swanson to ask he not put signs on the north end of our street. He responded that once this had been voted on, all the signs needed to be put up. He also said that if signs were not put up on the whole street that people would . simply park at the far end of the street. Our feeling is that there has been a problem with parking at one end of the street and the answer is not to just put up a few signs and hop that the problem goes away. With the addition of these six new signs our street now has 11 signs posted in a one block area. As residents and home owners we are requesting that the city look at the parking situation on our street and the business area nearby and remove the two no parking signs at the north end of the street where parking has never been a problem. Another issue on our. street is the large amount of traffic that comes from . these businesses and people using Kellogg and 61 '. as a throughway to avoid the Wooddale /Valley View intersection. As a new home owner in 1990 I was excited to move to a quiet side. street where .my kids could play in the yard, ride bikes and walk to the park without worrying about traffic. Over the past six years there have been many new children born. in this neighborhood and many, are now at the age where they are spending time outside. As a dad who spends time with my kids in the yard and at the park I have seen how. people drive through this neighborhood. It is. scary to see people cruise through going 45 miles per hour on this side street where kids play. I am aware of the plans.that were looked at several years ago concerning the redevelopment of the Kellogg/Valley View intersection and. would like to initiate in any way I can these talks again. This redevelopment would not only eliminate through traffic but would also solve the parking problem on Kellogg.. I have talked with both residents and business owners in the past few days and everyone has agreed that this would not only solve problems in our area but would enhance the appearance of our community as well. This evening my requests are that the city council vote to remove the two no parking signs at the north end of Kellogg. Also to work on a redevelopment plan for the intersection of Kellogg/Valley View. Everyone on our street has pride in our community we enjoy the businesses in our area and also feel .that they have a right to expect support from the city regarding parking. The . response has been very positive and everyone wants to work together to resolve problems. Thank you again for allowing me to speak before you this evening. 9