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HomeMy WebLinkAboutCC PACKET 06261984 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100509 Box: 16 Folder: CC PACKETS 1981-1984 & 1987 Document: CC PACKET 06261984 SALES SUMMARY JUNE 191;4 Store One Store Two Store Three Combined On Sale Off Sale Speakeasy On Sale Off Sale Warehouse gales - June 184 298,401.52 44,910.96 40,600.24 1,377. 16 - - 211,513.16 :;ales - June '83 189,008.11 32,914.73 6.1,656.06 2,047.34 17,381.54 68,008.40 Increase $ 109,393.41 11,996.23 28,055.82* 670.18* 17,381.58* 68,008.40* 211,513.16 Increase % 57.88% 36.45% 40.86%* 32.73%* Sales - 6 Mos. '84 1,599,598.37 229,575.18 184, 703.24 10,41.5.94 43,077.29 192,533.70 8999293.02 Sales - 6 Mos. '83 1,092,320.08 194,025.31 389, 109.13 14, 713.94 117,048.57 377,423.14 - Increase $ 507,278.29 35,549.87 204,405.89* 4,2 )8.00* 33,971.28* 184,889.43* 899,293.02 Increase % 46.44% 18.32% 52.53%* 29.21%* 29.027.* 48.997.* * Decrease DEPARTMENT OF TRANSPORTATION `•''" 320 Washington Av. South Hopkins, Minnesota 55343 ` Fur,dmr, IN Ll935-3381 June 13, 1984 Mr. Larry Hamer Public Works Director 3301 Silver Lake Road St.Anthony,MN 55418 Re: Four Lanes of Traffic Along CSAR 136 (Silver Lake Road) Dear Mr. Hamer: i We understand the concern expressed by motorists using Silver lake Road as a 4-lane roadway. We will be studying this problem further. We suggest that any changes be planned to coincide with the reconstuction of County State Aid Highway 93 (County Road D) and Silver Lake Road. If you have any questions please call. Yours truly, Way A. Matsumoto Traffic Signal, Engineer WAM:de i HENNEPIN COUNTY an equal oppoounity,employer 1 CITY OF ST. ANTHONY ' REQUEST FOR CITY COUNCIL ACTION i ------------------------------------------------------------------------ .� Date Submitted Type of Action Requested Agenda Item Number '• a X Resolution _ July 6 , 1984 x Ordinance New Business Date Action Requested Formal Action/Motion Title Other July 10 , 1984 Cable Ordinance Amen ent ' a TO: Mayor and Councilmen FROM: David M. Childs, City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: The attached documents show the changes to the Cable T.V. Ordinance as previously explained and recommended .by our Cable Commissioner Al Kaeding. Copies of the actual document in Ordinance form will be available prior to the meeting, and although the attached information is correct and accurate, it must merely be placed in "official" Ordinance form. i FISCAL IMPACT: ALTERNATIVES : Approve, modify or 'deny. RECOMMENDATION : Approval as presented. C Y MANAGER' S REVIEW: COMMENTS : . . , • • • LAw ocs1c55 North Suburban Cable STERN. LEVINE, SCHWARTZ. LIFSON 6 CREIGHTON Communications Commission A_..MO,YL A..00IA.gK May 22, 1984 5005 OLD CEDAR LAKE ROAD Page 11m ST.LOUIS PARK.MINNESOTA 55416 ------------------------ MII III M-01120 after review of the documentation from Group W. the cities upon recommendation into effect by SOBS T1.SnRN of viour Cable Commission deciding not t0 object b0 the rate�char�ge�If therate Cable�Cammisaion or of AOB[AT M.LEVIN5 NICNASL O.SCNwAArt SCOrTA.IJ SON the cities Object to the proposed rate change, Group W mould have to follow all rNOMAS o.CREIONTON MDURAN" of the procedures which previously existed for the changing of a rate, requiring JOHSRIAM/ COREER Y the approval of the cities with the recommendation of the Cable Commission prior DATE: May 22, 1984 to any implementation of said rate increase. In other words, the original Franchise provided that for any rate modification TO: City Administrators -- North Suburban Cable Communications Commissionthe city would have to hear the request and enter into rate hearings. This pro- FROM: Thomas D. Creighton, Iagal Counsel of Oahmisaion47,4 cess could be very cumbersome for a number of the rate increases that you may See in the future. Under the proposed Ordinance Amendment, the City Council would still receive all of the documentation it had previously received for a RE: Franchise Amendments. Settlement with Group W. and Change in Rates proposed rate increase, but, by not acting, the rate would be permitted to go into effect. Also included in this packet is an amended Exhibit A. As you remember, Exhibit As you know, Group W Cable of the North Suburbs is constructing a cable com- A included all of the rates proposed by Group W. Group W has requested, and the munications system in the ten cities of the North Suburban area. As you may Commission has approved with recommendations that it be sent to you for your also knave, in the Fall of 1983, the Commission and W were in dispute puts approval, a change in the $7.95 rate for movie channels. Group W has proposed a regarding the construction timetable, rates, changing the system from an acts- $10.75 rate for premium channels, which the Commission recommends you approve. vated dual cable system to an activated single cable, and various issues This new rate has been analyzed and the Commission's consultant recommends it is regarding the providing of local origination and access services and equipment. necessary to achieve an economically viable system. Other minor changes have For the last eight months, Group W and the North Suburban Cable Communnications been made in the rate schedule, Exhibit A. to reflect the unavailability of pre- Commission on your behalf have been negotiating a settlement of the dispute from mium services that were originally proposed in the system. The Disney Channel the Fall of 1983. has been added, and such services as the Entertainment Channel and public Please find enclosed for subscriber network, which are no longer available to cable companies, have been your review and action a Cable Communications Offering deleted. Also, the ten percent discount on multiple movie channels has been Amendment Agreement No. 1 incorporating all of the terms of the agreement bet- eliminated. Group W packages most of their service for reduced rates already, ween the Commission and Group W Cable. The Commission at its last meeting and the additional bookkeeping burden for individual subscribers with ten per- adopted this Amendment Agreement and recommended it be sent on to its City cent discount rates was believed by the Commission to be unnecessary and cumber- Councils with a request for approval. some. Also included and resulting from the negotiations is a proposed Ordinance ' Also included is an amendment to the construction time schedule. This amendment Am—imeht. 'the proposed changes occur in the Ordinance section regarding rate would allow Group W to complete construction of the system by November 12, 1984. change procedures. access channel allocations, system design, subscriber rates. The previous deadline was May 12. 1984. and construction timetable. Originally, any rate changes werered to be brought to the Cable Commission and the member cities with the cciities having 30 J As you remember, Group W proposed to build and activate a dual cable system with days to approve or deny any rate changes. Since the gime of the adoption of the i approximately 108 charnels. Group W will still build a dual cable system in the original Franchise ordinance, the rate regulatory climate has considerably j North Suburban area. However, upon your approval of the Amendment Agreement and changed nationwide. Particularly, the federal government has preempted the the enclosed Franchise Amendments regarding construction design, Group W will be regulation of any premium service rates for any services such as Home Box Office permitted to activate only the first cable. The cable commission during its and Showtime. Additionally, city governments have found that within certain regularly scheduled evaluation sessions of the third, fifth, eighth and tenth limits, it is easier to adopt a "passive rate regulation" as opposed to an years of the Franchise, will analyze the need for additional charnel capacity. active rate regulation climate. In other words. Group W would still follow the If such a need is found, the sections of the Franchise regarding the requirement same procedures by bringing proposed rate charges to the City Council. However, 1 of technological upgrading of the system will be utilized by the Commission in an attempt to increase channel capacity. k t ... North Suburbann Cable CABLE 02t4I!IICATIONS OFFERING Communications Commission AMENDPQf AGREL9M NO. 1 May 22, 1984 City of Page Three ' -------------------------------- Because of the decrease in channel capacity, it was necessary to combine and delete some public access channels. Please find enclosed a proposed Ordinance THIS A��, made and entered into this day of Amendment to the section of the Franchise regarding the public access channels. 1984, by and between the City of , a fMrcipal Corporat of the' The Commission believes that more than adequate video spectrum space Le State of Minmheaota ("City" or •'Grantor an W, Inc.. ("Grantee"). 1he available for the viewing of locally produced programming in your area. Should Grantor and Grantee (collectively referred to as "Parties"). any of the individually dedicated access channels become full. State rules require that additional access channels be added in the future. It is important WITNESSLM to rote, also, that the Commission has required Group W to retain all of their original commitments far flailing, staffing and equipment for local programming SAS. Pursuant to City Ordinance No. the Grantor has granted aril public access. and the Grantee has accepted a non-exclusive revoca—Tire franchise to operate, construct, maintain and reconstruct a cable television system withinthe Cita With each of the Ordinance Amendments which I have enclosed, and described i ("Franchise Agreement"); and above, please find enclosed a blue-lined copy. This copy has underlined all additions to the original Franchise language and is marked with an insert mark WHEREAS, the Parties desire to modify and clarify certain provisions those areas where Franchise language was deleted in the compromise negotiations. contained in the Franchise Agreement; This information may be utilized by yourselves, your City ODucilpersons, or your city attorneys in any analysis you might undertake the Parties of the Franchise NOW'14arties agrnes agree es follows: in consideration of the mutual covenants contained Amendments. ' Since each of your cities has different ordinance amendment procedures, I am 1. Dual Cable - Initially, Grantee's dual cable system will have one forwarding to you the entire section which was changed regarding franchise rate cable activates tTn a fifty-nine (59) channel capacity. The City. or its regulation procedures and Exhibit A for you to incorporate into your regular ' designee. will consider during its regular evaluation sessions of Article VI, ordinance amendment procedures by amending these two sections of your original Section 4.E.(2) of the Franchise Agreement the activation of the second cable or ordinances by substituting these two sections enclosed. The construction time- i any other change which might increase channel capacity. table, access channel, and system design sections are enclosed only as to those ; parts needingchange. 1 2.Grantee shall both dualAt the eof installationaerial am under o� dual cable system. Amendment Agreement No. 1 may be adopted by your City Councils either through institution which is to receive cable services. drops to each hone aril motion or, if you choose, through resolution. The Amendment Agreement No. 1 is ;, Construction Deadline - Providing drafted in a resolution format which you may utilize if you so choose. If your 1 that Grantee has completed City Council adopts said Agreement, please affix the necessary signatures, and a the construction e r rements for equipment, facilities and staff of the return that Agreement to my office as soon as possible. Also, please enclose system by November 12, 1984, unless otherwise agreed to by City and Grantee, copies of all Ordinance Amendments which are adopted. j Grantee shall be released and discharged from any penalties or sanctions which otherwise might have been imposed against Grantee as a result of such delays desire a representative of the Cable Commission to attend your Co If you Council Prior to November 12, 1984. Should the system construction and the requirements muting, please contact Roger Franke, the North Suburban Cable Cammudcations 1 for equipment, facilities and staff not be completed aril complied with by Commission Administrator at 646-8172. November 12, 1984. the Commission or its member cities may impose retroactively to May 12. 1984, any sanctions otherwise available in the Franchise. If you have any questions regarding the enclosed, please feel free to contact me. i 4. Rate Regulation and Services Article VI, Section 4.A.-D is amended in its entirety as set forth in Appendix II. I cc: Roger Franke, North Suburban Cable Administrator Universal Service-Tier I shall be continued. North Suburban Cable Communications Commission Directors Jim Daniels, Group W System Manager Tier II (Economy Service) shall be discontinued. Tier III shall become Tier II, and Tier IV shall become Tier III. .77 I� The Grantor agrees that the Grantee may charge $10.75 for each pay service, except Home Theater Network. Plum, for which Grantee may charge $5.95. 15. Governi taw- This agreement shall be construed and interpreted in accordance t� of the State of Minnesota, and shall became effee- 5. Rate Freeze - The rate freeze specified in Article VI, Section tive if approved in substantially the awe form by all the Cities and accepted 4.C.(2). is herely r used to one year from the date on which Grantee notifies by the Grantee within sixty (60) days of the date first above written. Commission in writing that 541 miles of cable plant have been built and are fully activated so that subscribers along the activated plant may receive cable 16. Authority of the Commission - Nothing in this agreement shall service. he responaioiucy am ro tpreviously delegated by the City to the Commission. 6. Converters - Each subscriber other than Universal Tier.subacribers shall be ftanTs e�tTi a 60 channel converter. Grantee may charge $5.95 for M•WrIV SS WHEREOF, Grantor and Grantee have executed this agreement as remote channel control, if the subscriber wishes to have a converter with this of the date and year first above written. optional capability. 7. P Grantee shall have the right to package its services CITY OF and to provide discounts for subscribers taking more than one service. a municipal corporat B. Channel Chart - Upon activation of the system, the system shall j carry the progra set forth in Appendix III. Date: By: 9. Intern Program - Within thirty (30) days after the effective date Mayor of this ent No. annually during the term of the initial franchise + thereafter on the anniversary of such initial payment, Grantee shall pay in GROUP W CABIE, INC. accordance with this agreement and agreements with the other Cities a total of $5,000 to the Commission to be awarded to an Individual(s) selected by the Commission as a "Group W Scholarship" The $5,000 annual payment shall be ! Date: By: increased by a percent equal to the largest single rate increase for any one VFeWMenE service of Grafi W in the preceding year. 10. Intercamect - Grantee shall extend its plant by November 12, 1984. ATTEST: to Spring take NO so as to permit bo-way interconnection of the system to the North Central Suburbs cable system. a 11. Promotion of Community Programming - Grantee will conduct a promo- tional campaign concurrent act vat�the system for $10,000 in excess of that already proposed in the Offering emphasizing the availability of public access equipment. training workshops for the public, intern program for students and other aspects of community programing. 12. Indemnification - Within thirty (30) days after the effective date of this Amendment�Grantee shall pay the Commission $150.000. which shall not be construed as an advance on past or future franchise fees. 13. Survival of Other Terms of the Franchise cement and of OfferinR All other provisions conte a an se reement Offeringshall remain in full force and effect, unless specifically modified by this agreement and subsequent amendments of said Franchise by Cities. 14. Absence of Admissions - The Parties agree that nothing contained herein shall be deemed anTmh ss on by either party that it has either failed to perform any obligations under the Franchise Agreement or breached that Franchise Agreement in any manner. -3- -2- w _1.•- Amendment by Substitution to Article VI (Passive Rate Review): recover the costa of franchising and any other additional payments SDCITON 4.• FRANCHISE FEE, RATES, CHARGES, CRANGES IN FEES AND MCmUtffS which are required by the terms of this Franchise. Grantee agrees A. Rate Change Procedure. . to support airy waiver required by the FOC for the established (1) To the extent.petmitted by law, all increases in subscriber rates. . . Franchise fee. The annualfee may be subject to renegotiation at .. . . and charges shall be charged by Grantee in a manner provided for . such time as federal or stateahttlhorities no longer regulate the -herein. Grantee, as a condition precedent to its acceptance of.. amount of the fee. If Gra:itee and City do not agree in renego- this Franchise hereby knowingly and voluntarily consents to these t:iations. the Franchise fee shall remain unchanged. procedures for the term of this Franchise of all rates and (2) Payment will be made to City with an itemization of the Gross chargee. Revenues. i (2) City hereby reserves the right to approve or adopt regulations ' C. Rates and Other Charges: governing Grantee's collection of advance charges and deposits; � (1) Rates and charges charged by Grantee for monthly service and installation and reconnection chargee, policies and procedures; installation and other hereunder shall be uniform, fair and disconnection charges. policies and procedures; and policies 1 � reasonable and designed to meet all necessary casts of service, regarding and the availability of refunds. Approval of City shall including a fair rate of return on the original Dost. Less depre- not be unreasonably withheld or delayed. ciation, of the properties devoted to such service (without regard (3) Cost for installing any part of the System will be a factor in the to any subsequent sale or transfer price or cost of such rate only if such cost was incurred within the rate territory. ; properties). (4) The territory for rates applicable to System shall be City and all (2) For one (1) year after impletion of construction of 541 miles of Cities ubich have granted a Franchise to Grantee relative to the cable plant in the initial service area, as certified in writing System delineated in the Offering. from Grantee to the North Suburban Cable Cammauications Commission B. Franchise Fee. # II, the maximum rates shall be the specified rates of Grantee as (1) lhrouenut the term of this Franchise, Grantee shall pay to City. - included in Ehdnibit A, attached hereto and made a part of anis within 60 days after the ed of each fiscal year of Grantee, an Y Franchise and renown as Grantee Schedule of Rates. annual Franchise fee of Hoe percent (57G) of all Grose Revenues. (3) Service requests for maintenance or repair of Grantee's property No payment will be allowed of any Franchise fee that is different z shall be performed at no charge to a subscriber. If such main- from five percent (5Z), other than the filing fee and payment 1 tenance or repair is required as a result of damage caused by required of the successful applicant as established by City to subscriber, Grantee may charge to the subscriber as a maximum its A-2 z • 0 0 direct costs for material and labor for service calls to (e) 'fie efficiency of Grantee; subscriber's tome. (f) The quality of the service offered by Grantee; (4)- Grantee shall give City sod the North Suburban Cable (� The original cost of the ten-city cable communications system ACommrications Oommission II written notice of rates for new or delineated in the Offering, less depreciation. except that additional services rot initially included in Offering of Grantee Grantee agrees and warrants that should the actual cost of and therefore not listed in Exhibit A. Foch new or additional . j the tea-city cable communications system delineated in the service rate shall be deemed approved unless expressly disapproved Offering exceed Grantee's estimate for construction of 339.5 by resolution of C mmil of City according to the teras of this miles of aerial plant, 83 miles of underground subscriber Franchise within ninety (90) days after the notice has been given i plant. 66.4 miles of institutional plant. Grantee shall as provided in this Franchise. assume all of said excess costs and all of said excess costs D. Rate manges shall not be a consideration in any subsequent request for a (1) No rate change shall be approved that mould result in different rate increase pursuant to this Franchise or any franchise rates or charges for service to subscribers in the rate territory granted to Grantee relative to the cable communication system receiving similar service, other than those specified in Article delineated in the Offering. VI. Section 2.B. (h) A fair rate of return with respect to investments having (2) The standards for reviewing a proposed rate change will include at i similar risks to that of providing cable com®nication least the following: services' # (i) The extent to which Grantee has adhered to the teras of this (a) The ability of the Grantee to ruder System services and to derive a reasonable profit therefrom under the existing rate Franchise; schedule and proposed rate schedule; (j) Fairness to residents and subscribers; (b) All revenues and profits or actual losses derived from (k) Capital expenditures (actual and. if the situation so System; warrants. projected) by Grantee in providing updated tech- (c) Tax benefits and tax costs received by Grantee, its partnere nology and service to subscribers; or shareholders, as the result of their investment in the (1) The extent to which Grantee has then provided service to System; schools, hospitals, libraries, publicly awned or leased (d) Cash flow generated by System; buildings and similar institutions within City; A-4 A-3 t (m) The extent to utuich Grantee hes technologically upgraded the (c) Upon written request of Cita or the North Suburban Cable system; Communications Commission II. the notice shall include (n) Increased or decreased.expenses incurred by Grantee in the. current'financial and other information with at least the, purchase of services; 1 following: ' (o). Croup%"a financial goals and the methodology to arrive at 1. Balance Sheet; °uch goals; 2. lrmx me Statement. (p) Croup Ws operating margin. both actual for preceding years 3. Statement of sources and application of funds; and projected operating margins; and 4. Detailed supporting schedules of expenses. income. asset° (q) Such other factors as City or Grantee may deem relevant. and other !tees as may be required by City; (3) The procedures to be followed in changing a Basic Service rate or 5. Statement of arrant aid projected subscribers; charge shall include at least the following: 6. A current list of rates and charges of Grantee applicable (a)A Grantee shall give City and the North Suburban Cable to systems owned or operated by its parent corporation or Communications Commission II written notice of any proposed other subsidiaries or affiliates of its parent cor- rate increase at least ninety (90) days prior to the proposed potation at other locations; effective date of the rate increase. Each rate increase 7. A current list of rates and charges for other systems in shall be deemed approved unless expressly disapproved by the seven county Metropolitan area; resolution of Council of City according to the terms of thisg. Cash flow derived from System services since the Franchise within ninety (90) days after the notice has been camaeuement of this Franchise; received as provided in this Franchise. 9. Statement of tax benefits received by Grantee, its part- (b)n The notice shall be supported by statistical and other proof Hers or shareholders. as a result of their investment in Indicating that the existing rate or charge is inadequate and System; unreasonable and that the proposed increases are required to z to. Statement of financial goals of Group W and methodology a enable Grantee to reeler service to fulfill its obligations u utilized to arrive at such goals; and under this Franchise and to derived a reasonable profit 11. Groin 1i'e operating margins for preceding years as Well therefrom. as projected margins. A-5 A-6 i IL (d) City shall notify Grantee and Board in writing and may sche- (i) If City fails to approve the change of Basic Service rates, dule a public hearing an the requested increase in Basic Grantee may appeal said determination to the Board. Service rates within two (2) weeks'from the date of objection ! (4) The procedures to be followed in changing any rate or charge other . to the request. Grantee will notify the.public through pro- than Basic Service rate shall include the following: viding notice for one (1) week. each day between 7:00 p.m. •(a) Grantee shall give City written notice of any rate increase and 9:00 p.m. on two lowest tier channels of the date. place at least ninety (90) days prior to the effective date of the and time of the hearing. If a public hearing is scheduled. rate increase. City will publish notice ten (10) days prior to hearing in j (b) In the event the percentage of the rate increase does not (in its official newspaper. City shall not unreasonably 1 any respect) exceed the percentage n j spec pe tage of the increase from the disavnrove any rate increase. CPI for the Minneapolis/St. Paul Metropolitan area in (e) If City fails to disapprove tate change of rates or charges J existence on the date of tate certification of this Franchise within ninety (90) days after receipt of notice as required by the Board or specified in the lest rate increase notice of above. tate rate shall become effective upon the date { the Grantee (whichever event is most recent), the noticed specified in the notice of Grantee. Said effective date rate shall became effective upon its noticed effective date. shall be after the ninety (90) day, period. In tate event the CPI is substantially modified in the opinion (f) City may utilize a rate consultant to advise it an proposed of City and Grantee or is discontinued. tate City and Grantee rate changes and to assist it in maintaining uniform rates may select a mutually acceptable successor lydea to control within the rate territory. A rate consultant may be any per- the provisions of this subparagraph. son rano has sufficient background and experience. in the sole D.(5) (c). in (c) Except as provided in Article VI, Section 4. opinion of City, properly to evaluate and analyze rates and the event the percentage of the rage increases (in any mages• respect) exceeds the percentage of increases from tate CPI for (g) All costs for the review of a request for a Basic Service tate Minneapolis/St. Paul Metropolitan area in existence an rate or charge charge shall be paid by City from the I the date of the certification of this Franchise by the Hoard Franchise fee. or specified in the last rate increase notice of the Grantee (h) Anv time limit may be waived only if City and Grantee (whichever event is most recent), tate notice rate shall snot• became effective upon its noticed effective date but the A-7 A-8 notice shall also include current financials and other infor- other than Basic service rates shall be as outlined above, except. mation as specified in Article Vt. Section 4.. D.(3) (c) that subsequent to the public hearing, should the City fail to disapprove the change of rates. either City or Grantee may ini- (i) Upon review by'City of the information provided in the . bate binding arbitration pursuant to•Minshesota statutes except as notice by Grantee. City may schedule a public hearing on + delineated it the following procedures. the proposed rate increase within two (2) weeks from the Jj (a) The parties shall. within fifteen (15) days of City's failure date of receipt of the notice. Grantee will notify the + to approve the rate Increase. appoint ane (1) arbitrator each public as specified in Article Vl. Section 4.. D.(3) (d). do is experienced and knowledegable in the evaluation and The City will publish notice ten (10) days prior to the analysis of cable rate and charge changes. Arbitrators shall hearing in its official newspaper. j each agree upon the selection of a third arbitrator similarly (ii) After closing the public bearing. City will have thirty- qualified. within fifteen (15) days after appointment of the ane (31) days within which to make any determination second arbitrator. regarding the noticed rate increase; however, any pro- (b) Within fifteen (15) days after appointment of all arbitrators posed change in rates or charges shall become effective and upon ten (10) days written notice to parties. the upon the date specified in the notice of Grantee arbitrators shall hence a hearing on the rate mage pro- regardless of the determination of City. posed by Grantee. (iii) The City may utilize a rate consultant to advise it an (c) The hearing shall be recorded and may be transcribed at the proposed rate changes and to assist it in maintaining request and expense of either party. All hearing pro- uniform rates within the territory. A rate consultant ceedings. debates and deliberations shall be open to the may be a person utw has sufficient background and public. City, and Grantee and at such times and places as experience. in the sole opinion of City. to properly contained in the notice or as thereafter publicly stated in evaluate and analyze rates and charges. the order to adjourn. (iv) All costs for the review of a notice for rate or charge (d) The arbitration panel shall be required to approve. reject or change should be paid by City from the Franchise fee. modify the rate mage proposed by Grantee according to the (5) In the event the law should provide for the regulation of other standards established in this Franchise. than Basic Service rates by City, the procedure for the change of A-10 A-9 7 - (e) 'At the close of the hearings and within thirty (30) days. the' '' order.the arbitration_procedure,repeated-and issue findings. . arbitrators shall prepare written findings and made a wiftten orders and directions. with costs of suit to be awarded to decision agreed upon by a majority of the arbitrators shich the prevailing party. shall be served by mail upon City and Grantee. (j) Oust of arbitration shall be borne equally. Reasonable (f) The decision of a majority of the arbitrators shall be attorneys' fees shall be borne by the party utno retains an binding upon boon parties. provided that either party may attorney. pursue my judicial remedies otherwise available to either party. (g) Should tate rate change be rejected or modified by a majority of the arbitrators. the grantee shall within ninety (90) days and pursuant to procedures established by Grantee refund the rate overage to affected subscribers. (h) Either party may also seek judicial relief to the extent authorized under Minnesota Statutes, 1572.09 and 5572.19 as the same may be ameded. and in addition, under the following circumstances: (i) A party fails to select an arbitrator; (ii) The arbitrators fails to select a third arbitrator; (iii) One or more arbitrator is unqualified; (iv) Designated time limits have been exceeded; (v) The arbitrators have not proceeded expeditiously; or (vi) Based upon the record the arbitrators abused their discretion. I (i) In the event a Court of competent jurisdiction determines the arbitrators have abused their discretion, or that the regula- tion of a given rate is beyond the authority of City, it may A-12 A-11 PAMM 1 With the Basic and Interactive Services, all premium pay TV services are ^available each for additional monthly service charges. .... I. Group W of the North St�bcsba. Inc.. shall charge the following installation ? 2.No,installation charge for Basic or Interactive Service for 90 days after ' charges and monthly fees for its various services:, cable service is first offered in an area. No installation charge for senior citizen or handicapped heads of households. Inaddition, installation charges may be waived or reduced at certain times for promotional purposes. Tier ea channels -Installation Universal Service �� Rate. y 3 Fifteen percent (15x) discount for senior citizens (heads of households, age et etce .65 and over) and for handicapped heads of households (as defined by State of FirAdditional Outlets Not Available Free Minnesota) on Monthly Service Qwges for the Basic and Interactive Services. Relocation $19.95 Pree 4 installation is free if installed at same time as first outlet for cable tele- Reconnectian $19.95 free vision service; $19.95 if installed at a later date. Tier II� 59 video channels Installation lbnthly 5 Not available without cable television service. Basic Service 9 gm Rate- 6 Installation charge for Oros W Security Service depends upon the number First tiOutlet tutlete Free/$19.95- $ �5— of monitoring devices (e.g., smoke detectors, emergency alert buttona) AddiRelocation Free/$$19.95 N/A subscriber wishes to have installed. Group W will actively seek federal Reconnection $19.95 N/A aid to assist senior citizens in their payment of these services. The 1 Security Service is available with or without other cable services. Tier III- 59 video channels y The additional outlet is for a non-interactive terminal. The rate for an Interactive Installation mthly additional interactive outlet is $6.95. 2 3 8 Final price contingent on conclusion of negotiations with local manitoring Service e- Rate- companies. First Outlet Additional Outlets Free/$19.95- nr 2.95 Relocation $19.95 N/A Reconnection $19.95 N/A Lation MntrLLY PM Radio Service- Cherge2 Rate First Outlet $19.95/Free4- $ 1.95 Additional Outlets Free/$19.954 $ 1.95 Relocation $19.95 N/7 — Reeaunection $19.95 N/A Illation y Teleprompter Security a Rate tvargularinre ALarM and Medical Alert Services) 599.00 and up6 $14.95 totro A-1 fn. II. A. Commercial-Account Charges -- All hotels. motels. TV retail and service ' III. 0i1ER RATES " stores. nursing names;am hospitals. 'rine maximum monthly service charge per outlet of commercial usage is 50 . A. Pay Cable Rates percent of the residential first-set rate for the some service. Installation charges will be determined on an individual basis after an engineering survey of the facility has been completed. In no event f Pay Sevicel.2 Installation Monthly will the charges exceed the standard installation charge on a per-unit Charge Rate basis. C. Bulk-Rate Account Charges — All apartment buildings. condominiums. trailer parks, etc.. Ana mg five or mores le-family dwellings at the pane Theater Wetwrk. Plusn I+ree $ 5.953^ same or contiguous service address with single point billing. Billing fior bulk-rate accounts is based an total units whether ^ Cineol; Showtime; Home Box Office; Cinemax; Tlee Disney t]usmQesl Free S10.753/1 occupied or rot. The maximum monthly service charge per outlet for ^� �— this category is 80 percent of the residential first-set rate for the same service. Installation charges will be determined an an individual basis after an engineering survey of the facility has been completed. I Now of the pay television products on Group W of the North Suburbs' In no event will the charges exceed the standard installation charge on system will be R-rated. Fanetheless. Group W of the North Suburbs a per-unit basis. will provide an access code at no additional cost that will allow Por installation of service a longer I parents to "lock-out" pay television programming that they believe C. Installation Over 200 Feet — �oP �g should not be seen by their children. than 20D net, _resl3git will be cch2eaerrgged an additional amount for the installation equal to the incremental increase of the cost of time 2 With the Basic and Interactive Services all premium pay TV services and materials for the portion of the drop over 200 feet. are available for additional monthly service charges. D. Miscellaneous 3 Deere is rno additional charge for pay cervices on additional outlets I. 'Deere is no charge for converters for any of the service tiers when such service(s) is taken on the first outlet. beyond the installation charges noted an Page Ib of 3. No other deposits are required. n 2. There is no charge to subscribers for cable-related maintenance and '1 repair calls. This includes universal service. 3. There will be no charge for the first drop to government. library, educational and non-profit users of the institutional network. Commercial rates will vary depending on service level. 4. Group W of the North Suburbs will offer pay-per-view services at the lowest possible rate peeling the conclusion of contract nego- tiations with vectors. 1 ' m a9 Bug L AJ M L 7 W � 4 NNN 1 11l 1 is C4 a6j13 g ° N en 4 C N P1 8 8 8 8 8 8 8 8 8 8 8 8 N N N N N H N N N N N N cp C6 IL '� a • � � IOef b' .O U 4 O W � � iJ '17 dl W .� N H l Y, �I S. Mnicipal buildings will receive Tier II service. Schools and libraries Amend Article III. Design of System to read: receive Tier III service. F. Institutions receiving Tier II service will receive a 60 channel Jerrold SOLRICN 1. C WMM CAPACM - SMSCRIBER NE1M DSX-A addressable converter. Those institutions receiving Tier III service A. 'the System shall be capable of providing at least 59 downstream chah- will be provided with a Jerrold Commu=nicom interactive addressable converts. A— nels. four fully activated upstream chatnnels and a full-video infor- C. leased access time is charged at $100 per hour. See also Page 3 of 3. A-- Form I. motion retrieval channel. The System dW 1 provide access to infer- R. Videotex service rates are Independent an negotiation with software mation data bases vith the capacity as detailed in the Offering. suppliers. I. Chargee for Data Net I and II aredependent upon data rate used d an-line B. System shall provide three tiers of ehbscriber service. Tier 1 an time usage. shall be a 22 video chauwl universal service tier. Tier 2 shall be a J. Advertising ^ 59 video charnel Basic Service.n Tier 3 shall be a 59 channel interac- t. Group W of the North Suburbs shall allocate channel time free of charge tive service tier. for public service advertising by local noncommercial groups on its locally originated ad advertising-supported channels. 2. The commercial rate for advertising shall be $30.00 per 60-second spot plus production mate. 3. Advertising time shall be initially allocated on the following crmele: Lifetime Color Radar Weather/Time ESPN WA Network Cable New Netwrk I and II i { iArticle V. Section 3 shell be amended to read: . . . B. Within ninety (90) days after obtaining all necessary permits. licenses. ! certificates and authoriratians. Grantee shall give written notice thereof to City and commence construction and installation of System. iGrantee shall have constructed all areas of the initial service area which contain dwelling units on or before November 12. 1984 so !fiat per- . n sons alag the ramie of the energized cable will have individual "drops" as desired during !fie same period of time. 0 lC-e d - l,r, ecJ ! • Article III shall be Amended to read: religious access, a senior citizens, women's, and special needs access, . SEMON 3. 1wD4 AY cAPACM i a library access, a higher education, private school access, and two (2) Grantee shall initially activate aid thereafter maintain a UO-MYpublic school district access mel^ All residential subscribers also capable Syatem (audio. video and data impulse). Grantee shall fully activate receive all or may part of the total services offered an the System f� upstream charnels at the time of System activation. This will include shall also receive all of said thirteen (13) access channels at no addi- a . fully interactive service capability supported by addressable. state-of-t'e-art tiaeal charge. All duurels shall be activated upon System activation equipment. and thereafter maintained. Grantee shall establish rules and regu]a- SPYTION 4. FACII.ITIFS tions prior to System activation for the use of access channels alhich I The Grantee shall construct. maintain and continue to provide all fact- shall be approved by City before implementation and thereafter shall not lities and equipment set forth In the Offering including. but not limited to, be altered or amended wittout approval of City. In preparing such the headend. kerbs, distribution system studios rte' . equipment and other facilities. Grantee's plan. as set for In the Offering. for Implementing the construction. (1) Grantee shall provide an equal opportunity for use of access utilization. System perfarmsrw. and maintenance of these facilities. including services. Its plans for accomodating fume gznwth and dunging needs and desires. h,11 (2)(2) Grantee will consider and use its best effort to Implement needs be fully and timely performed. assessments prepared by City. SECPION S. SPINAL CRANM=ACCESS REDUIRF WM (3) The hours of operation of the access studios shall be^established A. Grantee will carry broadcast stations in accordance with FLOC rules as b�mutua1 agreement of CiM q d�and Grantee. Should from time to time revised. such agreement not be reached, the hours of operation shall be, at B. AThe Government access channel shall be dedicated as an emergency a minimum: Hmx ay through Friday. 8:00 a.m. until 9:00 p.m.; override channel operated by City. Saturday. 8:00 a.m. until 6:00 p.m.; and Sunday 12:00 p.m. until C. Grantee will provide an audio/video emergency alert override system that 6:00 p.m. will permit the Interruption by designated City officials of all audio (including R-U and video programming, instructing citizens to switch to n the Government access charnel for emergency its. D. Grantee shall provide at leavtnthirteen 13) channels for access use for the following uses: two (2) public access, an educational access, a goverment access. me (1) leased access. a regional interconnect. a CITY'--'OF .ST- ANTHONY REQUEST FOR CITY COUNCIL 'ACTION ------ ------------------------- --------------------------------- -------- Date Submitted Type of Action Requested Agemda Item Number 1 Resolution ordinance NEW BUSINESS Date Action' Requested Formal Action/Motion Title CALL FOR BIDS - - x Other 3 JULY 10, 1984 S, f1lOOPI PR R e n e a -----------------------------------------------------------------------TO: Mayor and Councilmen FROM: DAVID CHILDS, CITY MANAGER r ------------ ------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: THE ATTACHED SPECIFICATIONS SPELL OUT THE SYSTEM FOR WHICH BIDS WILL BE SOLICITED AS RECOMMENDED BY THE NATIONAL WEATHER SERVICE EMPLOYEES UNION. STAFF RECOMMENDS THAT BIDS BE RECEIVED AND AWARDED PRIOR TO COMPLETING AN AGREEMENT WITH ANY FIRM REGARDING THE TERMS OF PURCHASE AND INSTALLATION, BILL SOTH WILL HAVE SEVERAL PROVISIONS TO BE ADDED TO 'THE SPECS WHICH INDICATE CONDITIONS UNDER WHICH BIDS WILL BE AWARDED. FISCAL IMPACT: ALTERNATIVES : APPROVE, MODIFY, DENY. RECOMMENDATION: STAFF RECOMMENDS THAT THE CITY ADVERTISE FOR BIDS FOR A DOPPLER RADAR SYSTEM. SAID BIDS TO BE RECEIVED NO LATER THAN 1 :00 P.M. TUESDAY, JULY 24, 1984 AT WHICH TIME THEY WILL BE OPENED WITH CONDITIONAL AWARD TO BE MADE AT THE JULY 249 1984 CITY COUNCIL MEETINGe • 1 CITY MANAGER' S REVIEW: COMMENTS : • - 4 ARUM I Ni4R`� DOPPLER RADAR SPECIFICATION • Receiver/Transmitter Unit (R/T) Size The receiver/transmitter unit shall not exceed a dimension occupying more than 1400 cubic inches. Weight Not to exceed 35 pounds Temperature The R/T shall be capable of operating in an environment from 29' C. to +40' C. Cooling System The R/T shall be cooled by forced air convection. • Operating Power The R/T should dissipate no more than 200 watts. Receiver/Transmitter - Transmitter Operating Frequency The transmitter shall operate in the microwave C-band region at 5.44 GHz. Power Output The microwave peak power output shall not exceed 200 watts. PRF (Pulse Repetition Frequency) The PRF shall be software-selectable from 180 to 1400 pulses per second. Pulse Width • The pulse width shall be software-selectable from one to 20 microseconds. Receiver/Transmitter - Receiver - Noise Figure ' The: receiver noise.:shall *be 5 dB or better. Sensitivity -The MDS -(minimum discernable signal) shall-be -.123 dBm or better. - - Radiator (Antenna) Size The microwave radiator shall not exceed 30 inches in diameter. Weight Weight shall not exceed 6 pounds. • Beam Width Beam width shall not exceed 5.5 degrees.' Beam Height Beam height shall not exceed 5.5 degrees. Gain Antenna gain shall be 30.5 dB or better. Antenna Servo Pedestal Size 'The antenna pedestal shall not exceed 25 inches in overall height and 17 inches- - in- diameter. Weight • Overall weight of the antenna pedestal shall not exceed 35 pounds. -2- 1 . i • Temperature Antenna pedestal must be capable of operating in temperatures from -69' C. to +55' C. Input Power Input power source shall be 120V. AC. Power Dissipation Antenna shall dissipate no more than 100 watts. Azimuth Scan Range The antenna must be capable of* rotating a full 360' without reversal. Azimuth Scan Velocity Antenna must be capable of rotating at 7.5, 3.75, 1 .875 rpm. • Scan Direction Antenna must be capable of clockwise and counterclockwise rotation. .Elevation Range Antenna must be capable of scanning a vertical elevation sector from -2' to +60' . -3- • Basic Operating Modes The Doppler radar system must be able to operate in the following four modes: 1 . Weather Plus Turbulence. In this mode-, the display system will provide a four-color display representing: rainfall intensities plus a fifth display color indicating turbulence as specified in Turbulence Threshold section. 2: Weather-Only Mode. ' 'In this mode, the weather rainfall intensity modes are displayed as in the weather-plus-turbulence mode. Turbulence display is excluded in this mode. 3: Turbulence-Only Mode. This mode displays only the indicated turbulence as outlined in the Turbulence Threshold Selection section. Rainfall rate display is excluded in this mode. 4. Test Mode. The test mode shall display -a test pattern capable of indicating functional confidence in both azimuth and range. Radar should default to this test mode upon power up. All mode selection shall be commanded via the central pushbutton console. I 1 I -4- I Antenna Control Pushbutton Control A.11 antenna controls, as .all controls_ ,.�.shall, be commanded from the central- pushbutton control console.: Antenna Elevation Antenna elevation shall be controlled by an up-down selection button pair capable of incrementing the -antenna in one-degree increments. RHI Scan The RHI scan feature shall be selected by a single pushbutton stroke. The RHI scan shall be automatic and consist of a range from 0' to 60' elevation. The j RHI scan mode must be selectable at any antenna azimuth location. Normal antenna rotation and controls shall be returned by an additional single keystroke. Sector Scan I • The antenna azimuth sector scan feature shall be initiated by a multiple keystroke sequence starting with the desired sector scan center azimuth and fol.Lowed by the scan width. Normal antenna rotation shall be resumed by a single keystroke. Antenna Direction Clockwise and counterclockwise antenna rotation shall be selectable by single keystrokes. i stop The antenna control section shall incorporate a Stop button which shall stop antenna rotation and elevation instantly. I Antenna Speed Selection The antenna control section will contain three separate buttons to select the approximate antenna rotation speeds of two, four and eight rpm. I I -5- Gain Control Gain Selection Gain :selection. shall, be. accomplished by .a minimum of seven pushbutton.selec- . tions. Additional .gains in 1 dB. increments shall be selectable ,from keyboard input. Range Selection Pushbutton Range Selection Pushbutton range selection should accommodate a minimum of seven single keystroke ranges. Keyboard-Selected Ranges Ranges from 5 to 320 nautical miles shall be callable from the keyboard in increments of five nautical miles. • Rainfall Rate Display Calibrated Levels The following levels shall be calibrated as follows: Level DBZ Inches per Hour 0 <20 <.026 1 20 >30 .026 >. 11 2 30 >40 . 11 >.45 3 >50 .45 >1 .9 4 >50 >1 .9 Level Selection Individual rainfall levels shall. be..selectable independently. • -6- Turbulence Threshold Turbulence Thresholds The system shall incorporate four levels of turbulence threshold as follows: ;. Meters per Second Turb 1 5-7 Turb 2 8-9 Turb 3 10-11 Turb 4 >12 Turbulence Selection Turbulence level selection shall be accomplished by a single keystroke and feed- back shall appear on the display screen. Map Overlays Map Selection Map selection shall be automatic and contain one map per single pushbutton range. Map Resolution • Map resolution shall be no less than 640 x 480 screen elements. Map Colors Map colors shall be displayed in a minimum of four individual colors separate from the rainfall and turbulence display colors. Map On/Off Maps shall be included or excluded from the display as required by the operator via a single keystroke. Azimuth Ticks Azimuth ticks displayed in ten-degree increments shall be callable via the control panel in .addition to map overlay. Range. Rings Range rings shall be displayed at a preprogrammed interval and be selectable at any selected range and shall be capable of simultaneous display with map • overlay. -7- Enunciator Display Range Display The current range selected from the control panel shall be displayed in nautical miles in the upper left-hand quadrant of the display screen. Azimuth Display The current antenna azimuth shall be displayed via keystroke from the control panel in the lower left-hand quadrant of the display screen. Elevation Display The elevation shall be displayed in the lower right-hand quadrant of the display screen. Mode Display The operating mode shall be displayed in the upper right-hand quadrant of the display screen. • Enunciation Select The operator shall have the capability of turning on or off the enunciation displays. • -8- r Display Zooms Zoom The- operator shall have : the ability to zoom any portion of 'the screen .by .a magnification factor. of, tw.o or .four. ; Quadrant The .screen location desired by the operator for magnification may be selected by a two-key sequence beginning with quadrant selection and one of nine. .quadrants. Quadrant Scroll The operator shall be capable of fine-tuning the magnification center anywhere within display area by manipulation of pan and scroll direction buttons. Video Display The video display must consist of a minimum pixel resolution of 640' horizontal elements. .and 480 vertical elements. The bit depth shall be no less than six bits. Color Selection Color selection shall be from a minimum palette of 16,000 colors. Angular Resolution The angular azimuth display resolution shall be .0879' or better. Display Aspect Ratio The radar aspect ratio must be one to one. -9- CITY OF ST.. ANTHONY REQUEST FOR CITY COUNCIL ACTION ------------------------------------------------------------------------ Date Submitted Type of Action Requested Agenda 'Item< Number Resolution July 6, 1984 Ordinance Date Action Requested Formal Action/Motion Title Gross Golf - - Other July 10 , 1984 Course - Water/Sewer Hookuns ------------------------------------------------------------------------- TO: Mayor and Councilmen FROM: David Childs , City Manager ------------------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: The Mayor and City Manager met with 'the Chairman and Executive Director of the Minneapolis Park and .Recreation Board regarding their participation in the reconstruction of-St. Anthony Blvd. adjacent to their property . At the meeting they produc6d the attached agreement signed by them and St. Anthony Village nearly s twenty years ago which, among other points , provides that they will not be assessed for improvements without their permission. In short, s' they refuse to give their permission or to participate in any way in the maintenance of the roadway . They cite lack of funds and unwillingness to establish a bad precedent as their reason for refusal . FISCAL IMPACT: The agreement prohibits the City from allowing trade traffic and MSA funds require truck traffic to be allowed so currently MSA does not appear to be a possible funding source. ALTERNATIVES : If the City does not grant approval, the Park Board will connect l to our utilities ; therefore the thought of withholding approval as a lever to gain their cooperation on the road improvement project appears totally unworkable. ' RECOMMENDATION: Y Staff recommends that 1, Approval be granted for them to install utilities as requested 2 . , The street be patched and staff instructed to investigate future funding sources for road reconstruction. 1 • CIW MA AGER'S REVIEW: COMMENTS : K� Y 1, .. w • kA t:M LMLMY 16 V/L L A G a! - 57' ANTHONY 13 LV D I rd I 35105-4/4 THIS AGREERENT, Made this 17th day of December 1965, by and between the City of Minneapolis, a municipal t corporation, through its Board of Park Commissioners, 11 ' party of the first part, and the Village of St. Anthony, I party.of the second part, WIT14ESSETH: WHEREAS, party of the first part is the owner of an easement for public parkway purposes only over that Ij part of St. Anthony Boulevard lying solely within the I village limits of party of the second part, and i WHEREAS, the party of the first part on April 7, 1965, has determined to convey said portion of St. • " �""s* '� + ! 1� ��1j1 Anthony Boulevard to party of the second part upon the following conditions: 1. That conveyance be made by the City of Minneapolis ,I through its Board of Park Commissioners of an �I easement for parkway purposes of a portion of IjSt. Anthony Boulevard lying between Ridgway Road and Stinson Boulevard legally described II as follows: A strip of land one hundred (100) feet \ 1 in width, extending from the-sovthe.ly rt 'eao,0e.nuPer}}y boundary of I ��'b'ttfeAlaost uarter(IdE-4) of Section Eighteen (18),-Town Twenty-nine (29), IC) Range Twenty-three(23), being fifty(50) +C) feet on either side of the following described center line and said center line extended on the same curve and in the same direction at.e•tsae; end, to- s rot, ii, wit, commencing at a point in the south' line of said Northeast Quarter(NEk)s distant one hundred eighty-nine and 84/100(189.84) feet cast from the j northwest corner of Oakland Heights Addition to Minneapolis, according to the plat thereof on file and of record in the office of the ILegister of Deeds of said Hennepin County; thence north- westerly on a curve to the left whose radius is eight thousand and twenty- one and 4/10 0021.4)feet and tangent at the point of beginning to a line i! intersecting the south•line of said Northeast Quarter(NE?;) at said point of • ! begginning at an angleof eighty-six (8 degrees six(63 minutes, and running W-82549 PAGE312 northwesterly on said curve a distance of one® hundred thirty-one and 85/100(131.85) feet to'a point of compound curve; thence on a curve to the left whose radius�is sixteen hundred .thirty- eight and 19/100(1638.19) feet, a dis- tance of five hundred eleven and 75/100 ,..:• ::';a: 'i':.'. "`;.:'. -J (511.75) feet .to a point of reverse of curve; thence on a curve to the right whose radius is two thousand eighty- nine and 37/100(2059.37) fept, a dis- tance of nine hundred forty-four and 50/100(944.50) feet to a point of tangency; thence on a tangent line i thirty-five and 1/1005.1Y feet to a point of curve; thence on a curve to the right whose radius is eighty-one hundred twenty-three and 51/100 (8123.51) feet, a distance of ten hundred W. ^de.- i,<<+ <��•-_^z;,- sixty and 75/100(1060.75) feet to a point in the north, line of said Northeast Quarter (NEk) distant ten hundred sixty-one (1061) feet east from the northwest corner of said Northeast Quarter (NEk). I� A4se 74a7' p.y) e•,' fe_+?.gin 7 � a commencing at a point in the south line of the East Half (E-�) of Section Seven (7), distant ten hundred sixty- I one(1061) feet east from the southwest corner of said East Half (E') of Section Seven (7), and running thence north ten (10) degrees twenty-five minutes east, a distance of one hundred ninety-three and 65/100ths (193.65) feet (the south line of said section being deemed a true east and west line; thence on a curve to the left of radius forty-four hundred twelve and 56/100ths (4412.56) feet, a distance of thirty-one hundred and 'twenty-four and 92/100ths (3124.92) feet to a point of tangency; thence northwesterly on a tangent line four \ hundred eighty-three (483) feet to a point of curve; thence northwesterly on a curve to the left whose radius is twenty-eight hundred fifty and 54/100ths (2850.54) feet, a distance of twelve hundred sixteen and 44/100ths (1216.44) feet to a point of compound of curve; thence northwesterly on a curve to the left whose radius is eleven hundred thirty-five and 18/1000ths 11135.18) feet, a distance of eight hundred fifty- six and 70/100ths (856.70) feet to a point of reversal of curve, thence westerly on a curve to the right whose radius is fifty-seven hundred twenty- nine and 6/10 ft. (5729.6), a distance of one thousand eighty-two and 2110ths (1082.2) feet to the Vesterly line of the Northwest Quarter (IrW ) of said Section Seven (7) at a point in said line distant five hundred sixty-four and 15/100ths (564.15) feet south from I the northwest corner of said section, excepting therefrom the Easterly Thirty- Three (33) feet of SF. Anthony Boulevard X . _ 2 r v • Ijl, I �� � . .. � J • 02549 w3"i3 from the South line of Section Seven : i (7), Township Twenty Nine (29) North, Range Twenty ilirce (23) West to the i Northerly property line of Cross Golf ,' Course, being the Southeasterly right- of-way line of the Northern Pacific Railroad 2. That the area conveyed shall be restricted. to use for parkway purposes only and commercial, industrial and truck traffic shall be pro- • hibited thereon. i 3. That the arca conveyed shall be maintained i j and operated by the Village of St. Anthony, which shall relieve the City of Minneapolis and its Board of Park Coa.nissioners from any • ...,F. ......,::Mr^'^.c*sYrY*k�al:h !'7rW+Ceyrrr. .,� . and all expense and casts of such operation i I and maintenance. T 4. That the City of Minneapolis and its Board of Park Cc..nmissioners shall not without their consent, be assessed for boulevard or other improvements within the Village of m St. Anthony. And WHEREAS, the party of the sac EAond part did concur and adopt the above conditions by proper action of its Village Council on May 17, 1965. [J Now, therefore It Is Hereby Agreed between the first and second parties, that the party of the first part will give, .grant.and convey to the party of the second part all' its right, title and interest' in and to that portion of St. Anthony Boulevard lying within the village limits of the Said party of the second part and party of the.first part agrees to execute and deliver a quit claim'deed of conveyance of the said � �, easement for parkway putposes. `gG062549 FA014 IN WITNESS WHEREOF, the City of Minneapolis through rits Board of. Park Commissione#s, party of the first part, has caused this agreement to be executed by its President L• .. � ' i. — °�`yp`'1 t�r'=`�•i-'s and by by its Secretary, and its seal affixed, and the I Village of St. Anthony, party of the second part, by its officers duly authorized, has caused this agreement to i be affixed this 17th day of December , 1965. i Witnesseth: City of Minneapolis through its Board of Park Commissioners,:, ��� /) �! �"•r,j Y'1 deet �. Jl Y President (. Secretary 467 Witnesseth: Village of St. Anthony By. �.. .i� (�• ef �' s.y C-� 14w _T Its Q ell and(1-2/1 �lL„ E•at.aC tiz Its P Ute; STATE OF MINNESOTA) COUNTY OF HENNEPIN) On this 17th day of December , 1965, before me, a Notary Public within and for said County, personally appeared i Richard M. Erdall and Howard I. Moore, to me personally known, who, being each by me duly sworn did say that they are re- spectively the President and Secretary of the Board of Park i 1 Commissioners in and for the City of Minneapolis, the munici- pal corporation named in the foregoing instrument, and that the i • seal affixed to said instrument is the corporate seal of said i municipal corporation, and that said instrument was signed an ± sealed in behalf of said corporation by authority of its 1 Board of Park Commissioners, and said Richard M. Erdall and 1 I. Howard I Moore acknowledged said instrument to be the free act �G and deed of said munic.ipal,!c.orporation. 2 �• �J'G Notary u ic, .,T•; // V J' STATE OF MINNESOTA COUNTY OF HENNEPINj ss On this ' day of .i ._.-..._.::.t/ 196 ; before me, a Notary Public within and for said County, personally appeared(y..�: ���1•'/,"et� %r!<:.��. �AKd to me personally known, who, being each by me duly sworn ' - •did says that they are respectively the and of the Village of St. Anthony, the Y Village named in the foregoing instrument, and that the seal affixed to said instrument is the Village seal of said Village, and that said instrument was signed and sealed in behalf of said Village by authority of its Village Council, and said J�f-� ✓ and. acknowledged said instrument to be the free act and deed of said Village. j Notary Public Filed for r000rd on the 24 day of Jun AD 1966 at l0s50 o1olook A.Y. ' r I J C C T• :Y °C.. F . .. 5. T A N T H C N Y L ':I ,Q. 0 C -R :. • P/E •6/30/1=4 A C C. O' U. N"-T. S P A Y A 6 L E PAGE 1 VENDOR NAME CHECK CHECK CHECK • N0. TY FE CAT E NO. AMOUNT 044.10. ST ANTHONY NAIL BANK M 6/C6/84 06378 1:,000.00 0441'C ST ANTHCP`Y NATL BANK M 6/07/84 06379 1Cr000.00 10001 VOID•- M 6/C7/84 06380 .00 06184- AMERICAN BUS I-NS AGY M 6/.C8/84 06381 2r5.CQ.CO 041'C6 C 6 D TRUCKING M 6/08/84 06382 lt047.CC 44120 EAGLE WINE CO M 6/C8/84 06383 1 .615 .07 04175 GRIGGS COOPER 6 CC INC - M 6/C8/84 06384 79653.56 . C421^ INTERCONTINENTAL PKG CC M 6/C8/84 06385 875.51 04220 JOHNSON WINE CO M 6/C8/84 06386 935..57 C436C' EPSCC M 6/08/84 06387 2, 317.67 . ^4376 PRIOR WINE CO M 6/C8/84 06388 790 .89 04385 CUALITY WINE CO M 6/08/84 06389 2,718.55 C44CC ST ANTHCNY LICUCR #1 M 6/48/84 06390 175 .00 044C1 ST ANTHCNY LIQ 61 N 6/C8/84 06391 95 .44 04490 Th IN CITY WINE CC M 6/08/84 06392 1 ,777.91 C4CCS AE INA LIFE C CASUALTY M 6/ 14/84 06393 288.00 04014 AMERICAN BANKERS INS M 6/14/84 06394 26.40 C61S1 ARTEK INC M 6/ 14/34 06395 182.73 04080 Cl JY COLNTY CREDIT UNION M 6/14/84 06396 65 .00 04121? EAGLE WINE CO M 6/ 14/64 06357 1E9.48 C617S FLPAS TCEACCO CORP M 6/ 14/84 06398 32.75 x`4175 GRIGGS CCGPER E CO INC M 6/ 14/84 06399 219379.75 • C4245 LOCAL #17 M 6/ 14/84 06400 14.50 04295 MINN BENEFIT ASSN N 6/14/84 06401 5 .00 04311 MINTER-WEISNAN M 6/14/64 06402 29243 .92 i43tC EPSCC M 6/ 14/84 06403 59416.C7 0437^ PICNEER DETECTIVE AGENCY M 6/14/84 06404 171 .20 04376 FRICR NINE LG M 6/ 14/84 06,405 326 .46 t�438r PUELIC EMPLOYEE RETIREMNT M 6/ 14/84 OC-406 19431 .34 ?440^ ST ANTHCNY LIQUOR 91 M 6/ 14/84 06407 175.00 0441C ST ANTHCNY NATL BANK M 6/ 14/E4 06408 1501CC.CO , 4411 SALITERMAN REALTY CC N 6/14/84 06409 1x666 .67 04436 STATE CISTILLERS INC M 6114/84 06410 14,346.10 ^4445 ST TREAS SCC SEC CCNTR FD M 6/ 14/84 06411 1rc- E9. 19 0444E CON STEVENS INC M 6/14184 06412 91 .60 04475 TWIN CITY FEDERAL M 6/ 14/84 04413 2C.CC C44S1 LN I TEG MAY M 6/ 14/84 06414 18.00 ^441^ ST ANTHCNY NAIL BANK M 6/14/84 06415 100000 .00 C41CC CCPMISSICNER CF REVENUE M 6/ 15/84 CE416 663.29 C441C ST ANTHCNY NATL BANK N 6/15/84 06417 1.204.21 06192 U OF M CIRECTCRY M 6./20/84 06418 100.00 0440C ST AKTHCKY LICUCF #1 M 6/21/84 06419 25rOGC.00 :04100 CO MM I S•S I CNE R OF REVENUE M 6/21/84 06420 1295620'50: 041OC- CCMMI'S'SICNER- OF REVENUE M 6/21/84 06421 21r4C8.58: 04175 GRIGGS CCCPER E CO INC M ;6/21/84 06422 109219.63 04210' INTERCONTINENTAL PKG CO N ';6/21/84 .06423 1 ,373.19: -0422C JOHNSON: KINE CC M 6/.21/.84 06424 4,230.03 0436C EPSCO M 6/21/84 06425 3013.13 04376 PRIOR WINE CO M 612'1/84 06426 494.28. C43:85• QUALITY IA'IN''E CC M 6/21/84. 06427 1.339.59. C I T Y O F S T A N T H UN Y L I Q U CR P/E 6/30/84 A C C C U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NG. AMCUNT C44CC ST ANTHCNY LIQUCR Al M 6/21/84 06428 115.00 04490 TWIN CITY WINE CC M 6/21/84 06429 19483.13 C41CC CCMMISSICNER CF REVENUE M 6/28/84 0643t) 683.91 04175 GRIGGS CCOPER G CO INC M 6/28/84 06431 2,815.81 04340 NW BELL TELEPHONE CO M 6/28/84 06432 119.95 0436C EPSCO M 6/28/84 06433 259 .11 04380 PUBLIC EMPLOYEE RETIREMNT M 6/28/84 06434 19480 .09 04406 ST ANTHCNY LIQUCR 43 M 6128/84 06435 95.34 04410 ST ANTHONY NATL BANK N 6/28/84 06436 1@254.12 04410 ST ANTHCNY NATL BANK M 6/28/84 06437 259000.00 C4436 STATE CISTILLERS INC M 6/28/34 06438 4# 637.93 04445 ST TREAS SeC SEC CONTR FD M 6/28/84 06439 1.159 .46 TYPE TOTAL 243313.61 C4C15 AMERICAN LINEN SUPPLY CC R 6/30/84 04433 155 .47 04033 AUGIES INC R 6/30/84 04434 155.92 ('4055 CAFITCL CITY DISTRIBUTING R 6/3^/84 Q4435 727.92 ^4144 FRITO-LAY INC R 6/30/84 04436 325 .86 C4175 CRIGGS CCCPER 6 CO INC R 6/30/84 04437 8.320.03 • ^419` HAPPYS PCTATO CHIP CC R 6/30/84 04438 116.34 04204 HICKERSCN BARBARA R 6/3C/84 04439 50.48 C42C` HCNE JUICE CC R 6/30/84 04440 1: 1.34 ('4216 JOHNSCN PAPER C SUPPLY CO R 6/30/84 04441 556 .39 04269 NEC CENTER R 6/30/84 04442 168.35 ' 4273; PIChEST AREA INC R 6/3C/84 04443 79951 .75 ^429? MINN BAR SUPPLY R 6/3C/84 04444 1 .468 .18 04311 MINTER-WEISP'AK R 6/30/a4 0444: 856.40 '-:434` CLO DITCH FCOOS INC R 6/3:x/84 04446 60 .76 04355 PEPSI COLA/ 7 UP BOTTLING R 6/3C/84 04447 2 ,364.96 C436^ EPSCC R 6/30/84 04448 2, 14,1.37 _ 4365 PHYSICIANS HEALTh PLAN R 6/30/84 04449 1 .342 .36 04374 FCFCCRN UNLIMITEC R 6/37/84 0445E 38.00 C4376 FRICR MINE CO R 6/3-0/84 04451 79.01 04385 QUALITY MINE CO R 6/3C/84 04452 7C9 .54 04395 RCVAL BEVERAGE CIST CO R 6/30/84 04453 237.20 ^4356 ROYAL CRChN BEV R 6/30/84 04454 455.30 04434 SOUTHSICE DISTRIBUTING CO R 6/3C/84 04455 294.30 C445C STLART CISTRIBUTING CC R 6/ 30/84 04456 405.95 04453 SUBURBAN PAPER 6 PKG CO R 6/3C/84 04457 36.00 C44 7C TOPBSTCNE PIZZA R 6/3C/84 04458 8C.85 C44EC TWIN CITY FILTER SERVICE R 6/30/84 04459 35.00 04481 TWIN CITY JANITOR SUPPLY R 6/3C/84 04460 32.50 C449C TI,IN CITY WINE CC R 6/30/84 04461 589.55 04493 MGR MARKETING R 6/30/84 04462 31 .20 04495 WESTERN LIFE INS CO R 6/30/84 04463 26.40 06156 LYCNS LTD R 6/30/84 04464 3S8.70 06197 PALSTIS 6 SONS R 6/3C/84 04465 68 .28 c-!, S T A N T: H: C N.;Yh'- I I •C, U .C.,R -P/E 6/30/84 : -A.::C - C 0 .0 N T S P 'A ,Y A-.-.B L-..E''.. PAGE 3 VENOGF• N 0 E J. CHECK CHECK CHECK NO. TV FE CAT NO. AMOUNT 06198 ST 'ANTHONY. MERCHANTS ASSN R 6/30/84 04466 100.00 061SS: TRI STATE BEVERAGES - R 6/30/84 04467 366.90 06200' TRUMPS R 6/30/84 .04468 247 .00 - TYPE TOTAL 319164.56 0 TCTAL 2749478.17 L 1 T Y U.- F' . S' T A N T . H U. N. Y L I ::Q U. G""R o P/E 6/26/84 A L C. 0 U N T: S P A Y ABLE PAGE 1 VENJUK NAME L.HEC K CHECK CHECK N0. TYPE OAT NU. AMUUNT (fie-c.c�L 4170 040U4 AT 6 T R 6/28/ 84 04402 19.48 04UU5 ACRO—MINNESOTA INL k 6/2d/84 04403 55.4E 04UO9 AETNA LIFE C CASUAL TY R 6/28/84. 04404 288.00 04080 CITY CUUNTY GREOIT UNION k 6/28/84 04405 65.00. U410ti COMSERV LURP R 6/28/84 04406 512.60 04130 ECONOMICS LABORATORY INC k 6/28/84 04407 116.50 G417U GOODIN CG R 6/28/84 04408 6.3.3 04175 GRIGGS COOPER L CU INC R 6/28/84 04409 8,714.4a G4220 JUHNSON NINE CO R 6/28/84 04410 1,755.1'= 04235 LEGLAIRE UTANE R 6/28/ 84 04411 125.00 04250 LYSTAUS k 6/28/84 04412 71.1 = 04290 MINNEGASO R 6/28/ 84 04413 185. 56 04311 MIN TER—WEI SMAN R 6/28/84 04414 1 a 035.4(? 04325 RAYMLND NELSLN R 6/28/84 04415 160.OU 04s35 NORTHERN STATES POWER R 6/28/84 04416 1 ,861.6!m 04340 NW HELL TELEPHONE C6 R 6/28/84 04417 339. 12. 04360 EPSCG R 6/28/84 04418 19816.87 G4385 QUALITY WINE CO R 6/28/ 84 04419 880.6_. 04400 ST ANTH6NY LIQUOR #1 R 6/28/84 04420 175.00 04401 ST ANTHLNY L1Q #1 R 6/28/84 04421 97.34: 04473 TRALY PRINTING R b/28/84 04422 76.00 04475 TWIN L I TY FEDERAL R 6/28/84 04423 2u.0c'. 0449U TWIN LITY WINE. CU R 6/28/84 04424 821.83 04491 UNITED WAY K 6/28/84 04425 18.00 04492 WASTE MAxAvE MENT R 6'12.8184 04426 329.20- 06165 GENTKAL LOCK L SAFE CO R 6/28/84 04427 36.59 0616is NEW dKl GHTUW HJWE k 6/28/ 84 04428 5.3P- 06193 8 J ANTIQUES R 6/26/84 04429 60.00 06194 M CORNELL IMPORTERS k 6/213/84 04430 25.75 06195 NURTHEASTER R 6/28/84 04431 295.00 TYPE TGTAL 199968.61 TGTAL 19,968.61 CITY OF ST. ANTHONY RESOLUTION 84-032 A RESOLUTION RELATING TO AMENDMENT OF CABLE TELEVISIO14 FRANCHISE OF GROUP W, INC. WHEREAS, the North Suburban Cable Communications Commission has recommended certain amendments to the ordinance for cable television franchise of Group W, Inc. (.the Amendments) and the execution of an "Amended Agreement No. 1" between the City of St. Anthony and Group W, Inc. , copies of which are attached hereto as Exhibits 1 and 2, respectively, and hereby made a part hereof; and WHEREAS, the Council finds that the adoption and approval of the recommended Amendments and Amended Agreement No. 1 are in the best interest of the City; and WHEREAS, the Council has adopted the Amendments; and WHEREAS , the publication of the title and a summary of the Amendments would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council : 1. That the Mayor and City Manager are authorized and directed to execute Amended Agreement No. 1 for and on behalf of the City; 2 . That the text of a summary of the ordinance, a copy of which is ; attached hereto as Exhibit 3 and hereby made a part hereof , is hereby approved; 3 . That the City Clerk is directed to post a copy of the Amendments at the Hennepin County Library/St. Anthony location and in the Administrative Offices in City Hall . Adopted this day of 1984 . Mayor ATTEST: City Clerk Reviewed for administration: City Manager