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City Council - 09/02/1980 APPROVED EDEN PRAIRIE CITY COUNCIL MINUTES f _ UESDAY, SEPTEMBER 2, 1980 7:50 PM, CITY HALL COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane , and Joyce Provo, Recording Secretary I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from tie regular agenda and placed on the Consent Calendar: VI. A. Human Rights & Services Commission - No Fault Grievance Process; VIII . E. 1. Change Order No. 1 , I .C. 51-255, improvements in Cardinal Creek lst Addition; VIII. E. 3. Consider bids for Valley View Road De 11 Road Phase II improvements, I.C. 51-325D-G Resolution No. 80-168 ; and VIII . E. 4. Change Order No, 1 , I.C. 51-367 for additional storm sewer in Duck Lake Vista. Item III . Q. Set Public Hearing for October 7, 1980, for vacating excess utility easement in Olympic Hills 4t Addition _(Resolution No. 8 - 69 was deleted (� the agenda entirely. MOTION: Osterholt moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 19, 1980 Pg. 1 , in the beginning of para. 4, insert "The following items were moved to the Consent Calendar: ; Pg. 3, 7th para. , 1st line, strike "Deer" and insert in lieu thereof "Timber" , and in the 8th para. , 1st line, strike "individuals" and insert in lieu thereof "neighboring residents" ; Pg. 5, lst para. , 4th line, strike "345KU" and insert in lieu thereof "3450" , 5th line, strike "Rosemount Engineering" and insert in lieu thereof "the Rosemount, Inc." , 9th line, strike "precautions" and insert "precautions" ; 2nd para, strike "Engineering" and insert ", Inc."; 3rd para, . 2nd line, insert " , Inc." before the period; and in the 6th para ., 3rd line, strike "Engineering's" and insert .", Inc. 's"; and on page 8, in the 1st paria,' strit-e7- Y einer" and insert_,"Renier'', 6th para. , strike "John Glogovick who is" and insert "John Vukelich who is considering". MOTION: Osterholt moved, seconded by Edstrom, to approve the Council minutes of August 19, 1980, as amended and published. Osterholt, Edstrom, Pauly and Penzel voted "aye" ; Redpath "abstained" . Motion carried. III. CONSENT CALENDAR A. Reouest to seta Public Hearing for Lake Idlewild for October 7, 1980 y B. Request from Joseph Dolejsi to set a Public Hearing for October 21 , 1980, for rezoning of 1 two acre lot from Rurah to R1-22 City Council Minutes - 2 - Tues. ,September 2, 1980 " , C. Resulutionsfor new MSA mileage designation (Resolution Nos. 80-171 and 172) D. Set Public Hearing for October 7, 1980,for vacat ng excess utility easement in Olympic Hills 4th Addition Resolution No. 80-169 THIS ITEM WAS DELETED FRM THE CONSENT NSENT CALENDAR UNDER ITEM I . E. Final plat approval for Northmark 3rd Addition (Resolution No. 80-170) F. Final plat approval for Neill Woods 1st Addition (Resolution No. 80-167) G. Final plat approval for The Preserve Center 2nd Addition (Resolution No. 80-174) H. !:inal plat approval for Mill Creek 7th Addition (Resolution No. 80-1751 I . Request to set a Public Hearing from Minnesota Industrial Tools, Inc. project for Municipal Industrial Development Bonds in the amount of n,0 nonn nO far September 16, 1980 r J. Resolution No. 80-176, for appropriation of MSA funds for improvements on T.N. 169 at Anderson Lakes Parkway K. Human Rights & Services Commission - No Fault Grievance Process (formerly item VI. A. L. Change Order No. 1, I.C. 51-255, improvements in Cardinal Creek 1st Addition formerly item VIII . E. 1 . M. Consider bids for Valley View Road/Dell Road Phase II improvements , T.C. 51-325C Resolution No. 80-168 - formerly item VIII . E. 3. Bid awarded to the low responsible bidder, Progressive Contractors, Inc. , in the amount of $1 ,244,602.05. N. Change Order No. 1, I.C. 51-367 for additional storm sewer in Duck Lake Vista MOTION: Redpath moved, seconded by Pauly, to approve items A - C and E - N on the Consent Calendar. Roll Call Vote: Redpath, Pauly, Edstrom, Osterholt and Penzel voted "aye" . Motion carried unanimously. IV. PUBLIC HEARINGS A. Timber Creek PUD by B-T Land Company, Request for Planned Unit Development approval on 150 acres of land for single family and multiple residential , park land and open space uses. Located north of Duck Lake Trail , West of Co. Rd, 4, and south of Townline Road (Resolution No. 80-151 - PUD, and Resolution No, 80--159 - E,A,W. Z Continued from August 19, 1980 Rick Murray, Vice President of B-T Land Company, introduced Jack Lynch, BRW, who spoke to the modified proposal dated August 29, 1980, and displayed a map depicting same. City Planner Enger explained this proposal was first heard before the Planning Commission on 2/.11/80, at which time the Commission voiced concern about the commercial located in the northwest corner of Duck Lake Trail and Co. Rd. 4, the eightplexes in the northern portion of the subdivision north of Purgatory Creek, and the lack of park area shown down in the southwest area of the project. The proponent returned to the Planning. Commission on March 24, 1980 with revisions which included the deletion of the northern eightplex units, deletion of the two acre commercial area, and inclusion of an additional park area in the southwest corner and an additional park area adjacent to Edenview north of Purgatory Creek . ' 1 City Council Minutes - 3 - Tues . ,September 2, 1980 A. Timber Creek PUD by B-T Land Company (continued) The proponent returned again to the Planning Commission on 4/14/80 and the Commission reviewed the revised plan of the proponent along with suggested changes outlined in the Staff Report dated 4/9/80. Staff recommended approval of the plan subject to the Watershed District approval , subject to bikeway easements along County Road 4 and Duck Lake Trail , and park and open space configuration as indicated. At that time there was a motion for approval and the vote was 3 - 3. The dissenting rcmbers were concerned about the proximity of the multiple units to the single family to the west. Enger added the Planning Commission wisheJ to have some reading from the Parks , Recreation & Natural Resources Commission and ultimately the Parks, Recreation & Natural Resources Commission recommended approval of the project on the basis of the parks as proposed. A new Public Hearing was published to consider changes in the plan before the Planning Commission. The Planning Commission met on 8/11/80 and voted 4 - 2 to recommend approval of the PUD concept plan based on the plan dated 7/24/80, staff reports dated 4/9/80 and 8/8/80, and memo from BRW dated 7/22/80. Director of Community Services Lambert stated the Parks, Recreation &Natural Resources Commission reviewed this proposal on two occasions. On 6/16/80 they heard the presentation and had some concern as the plan did not show the accesses to the creek and the trails across the creek, or a trail from Co. Rd. 4 to the northern most park. Other concerns were the accesses to both the creek valley and the northern most park and also the size of the northern most park. On 7/7/80 the proponent came back and showed additional accesses to the creek valley and to the northern most park and the Commission voted to approve the project along with Community Services staff. - Penzel asked the proponents what their reaction would be toward eliminating the cul-de-sac altogether and making it a part of the northern most park? Mr. Murray replied as far as dedication goes, they have addressed this northern most piece of property as a 61 unit subdivision, and at this point in time they would hope the Council would agree that it does make a very nice subdivision in Eden Prairie and are not given to mind right now of dropping the lots. Mr. Morin, 18520 South Eden Drive, referred to the resident's report on the Timber Creek Development dated August 19, 1980 (attached to the August 19th minutes) , and presented a petition to the Council (lst page of petition attached as part of minutes, entire petition on file at City Hall ) . Morin commented during the last three iterations of this plan, there have been virtually no changes in the north; there have been a lot of changes in the southern area, however, the overwhelming population of the existing people are adjacent to the northern area. Osterholt stated he would like to have staff respond to the communication the Council received from the proponents last Friday as they have not had a chance to do so. Osterholt commented the Council has seen quite a progression from the original proposal to what is before the Council tonight, and asked how much of the give and take was proposed by the neighbors, how much by the staff, and how much by the developer, to the ultimate resolution before the Council this evening. ' Enger replied the park issues as to where the parks should be were suqqested to the developer by staff - those park locations were approved as part of the park system plan and that in fact was consistent with City policy. The elimination of the eightplexes from the northern area were suggestions by the Planning Commission af+- ty Council Minutes - 4 - Tues. ,September 2, 1980 A. Timber Creek PUD (continued) receiving input from the residents at the first meeting. The elimination of the commercial area in the southern portion of the plat was a response by the owner to the Planning Commission after hearing public comment the first meeting. Some of the more technical aspects of the plat as to where open space connection should be, : enlargement of the parks, etc. , were input from the staff and commissions. The response by the proponent of pulling the multiple area away from the western property boundary was in response to the Planning Commission and residents , it was not a suggestion made by the staff. Mr. Tuck, 6317 Creekview Lane, expressed concern about the access into the park from the cul-de-sac on Creekview Lane, and asked if there would be any parking in the park to prevent people from parking on the cul-de-sac and walking to the park. Director of Community Services Lambert replied there is not a vehicular access or parking lots proposed in the park. Edstrom asked if there would be a vehicular access from Co. Rd. 4. Lambert responded there would not be, adding the only vehicular access would be a person could drive to a point and park in the cul-de-sac. Mr. Tuck stated he lives on the cul-de-sac because he des res to be there and does not want his privacy confused with public access into the park or parking around the cul-de-sac. Bob Gardner, 6350 Creekview Lane, and Mr. McLaughlin, 6318 Creekview Lane, felt the area proposed for the walkway/park would need much more than minimal grading as there are severe water problems in existence at the present time. Mr. Muehlberg, one of the owners of Chatham Wood, stated when they had their plat approved the road which was Ashby Way was supposed to be a road that had access out of Chatham Wood onto County Road 4 or Duck Lake Trail . It was not designated or designed to be two cul-de-sacs . Also , according to Mr. Muehlberg, they had an outlot next to Ashby for access from Chatham Wood down to Purgatory Creek. Penzei explained the proposal under consideration is for concept approval - it is not a proposal for specific property. What would have to happen before anything can be done with this property is that a specific proposal for rezoning and platting be brought through the complete hearing process and at that time specific platting, specific road layout, etc. , would then be approved. Mr. Selseth, one of the owners of Chatham Wood, questioned how they would access to the park as they are a neighborhood of that park. Mr. Kannenberg, 15909 W. 62nd Street, felt the 30 acre park would be best for everybody because it would be centrally located, the existing homes would have easy access all within walking distance, and Chatham Wood could use it. Some floating walking bridges could be put up across the creek and a foot path up and down each side of the creek from Co. Rd. 4 down to W. 62nd Street, which would be easy access to everybody in the area. Kannenberg added the people in the area do not want ballfields - they want a natural park. Paul Choiniere. 15819 North Eden Drive, expressed following concerns: 1) as you see the area develop to the east, this is the last frontier for the area because if a neighborhood park is not put in now (10 - 25 acres) to serve a half mile radius, there is no other place to go. The reason why there has been so much citizen input is because of the nature of the topography as the land lends itself to a recreational area which is hard to find in Eden Prairie, i .e. , use of the natural area during the spring, summer, winter and fall for cross country skiing, ty Council Minutes - 5 - Tues. ,September 2, 1980 `. k A. Timber Creek PUD (continued) tobogganing, sliding, hiking, etc. It has what communities spend millions of dollars on trying to create flat land; and 2) blacktopping Townline Road where it ;1 is now graveled is not the answer. That is a piecemeal , makeshift answer to providing concept approval . The problem with Townline Road is that it is not safe - it is a deathtrap and the more it is blacktopped, the worse it gets . 131 Townline Road has to be regraded and widended to make it a safe road and that issue A has not been addressed. Penzel added if the Council were to entertain approving the area even as outlots , there ought to be a number of minimum requirements , i .e. , 1) a substantial enlargement of the northern most park site to be worked out as part of the zoning and platting process for the northern parcel (a park site in the 15 - 20 acre range) , to preserve the natural existing amenities of forestation, hillside, etc; 2) that Townline Road improvements not only be required from the developer, which would include the necessary grading and straightening as far as this section is concerned, but that the City conclude the connection to Scenic Heights Road; 3) that the engineering staff be directed to look at the severe grades just north of Edenview I and a connection to Townline Road from Edenview I subdivison as well as Co. Rd. 4, and the fact that trails which are spoken of as easements here are actually installed as part of the process ; 4) that a commitment be made by the developer that no units in the multiple area on the southern portion be larger than quadraminium units (not more than 4 units under one roof) , and 5) that appropriate connections between Chatham Wood and either Co. Rd. 4, depending on the road system, as well as the Chatham Wood and the Creek Valley, for recreational trails be accomplished as part of any rezoning/platting proposal in the future. �. MOTION: Redpath moved, seconded by Osterholt, to continue the Timber Creek PUD .Public Hearing to the October 7, 1980 Council meeting, and direct staff to prepare a firm recommendation for the Council to consider after working with the proponents on concerns expressed this evening. Further that staff be authorized to secure an appraisal on the park site. Roll Call Vote: Redpath , Osterholt, Edstrom, Pauly and Penzel voted "aye" . Motion carried unanimously. Mr. Morin asked if citizen input would be allowed. Council encouraged such input. 8. Bryant Lake Center PUD & Lakeridge Office Park Rezoning. Request for PUD Concept approval of office and commercial uses on 31 acres , rezoning from C-Reg. to Office for 7. 7 acres, preliminary plat approval , and approval of an Environmental Assessment Worksheet. Located south of Co. Rd. 60 and north of I-494 (Resolution No. 80-161 - PUD; Resolution No. 80-162 - preliminary plat; Ordinance No. 80-23, rezoning, and Resolution No. 80-163 - E.A.W. ) Wally Hustad, Hustad Development Corporation, spoke to their request for the Bryant Lake Center PUD concept approval for office and commercial uses, and introduced Tom Ryan, Ryan Development, Inc. , the proponents for the Lakeridge Office Park. Rick Sathre, McCombs-Knutson, spoke to the concerns raised by the Planning Commission on July 28, 1980 when the Commission recommended denial of the project, and what the proponents did to answer these concerns whereby they received approval from the Planning Commission on August 25, 1980. Sathre added the proponents met today with representatives of the Department of Natural Resources regarding drainage as they have authority of any discharge of water into public waters. The proponents will continue to work with the Department of Natural Resouces and will make every effort to come to a sound engineering way of handling the drainage problem. City Council Minutes - 6 - Tues. ,September 2, 1980 B. Bryant Lake Center PUD & Lakeridge Office Park Rezoning (continued) Tom Ryan spoke to the first phase development of the Lakeridge Office Park and Dan O' Brien, architect for the project, outlined the architectural and mechanical details of the project. Ryan added they have attempted to work both with the City Staff and the Planning Commission and have been sensitive to the concerns of the neighborhood and City. Ryan stated he intends to be one of the tenants in the project. S City Planner Enger explained this item was first reviewed by the Planning Commission at their July 14, 1980 meeting, and subsequently at their July 28, 1980 ; meeting, at which time the Planning Commission voted 5 - 0 to recommend denial of the project to the City Council . The Planning Commission was concerned about items as outlined in the July 28th minutes. The proponents in response to the denial asked that the Planning Commission reconsider and public notices were sent and a Public Hearing again held on August 25, 1980. - In the meantime a Staff Report dated August 22, 1980 was sent to the Planning Commission recommending approval of the PUD Concept Plan for Bryant Lake Center and approval - of the rezoning and preliminary platting of the 7. 7 acres Lakeridge Office Park area, subject to stipulations specified in the Staff Report. The Commission recommended 7 - 0 at that time that the Council consider approval of the PUD, rezoning and preliminary plat subject to the Staff Report dated 8/22/80 with additional stipulations made by the Commission at their 8%25/80 meeting. Bob Lambert, Director of Community Services, added the Parks , Recreation & Natural Resources Commission held a special meeting on August 27, 1980 to consider this proposal . The Commission's concerns were: 1) drainage - whether there were sufficient holding ponds and settling ponds before the drainage goes to the lake, and 2) that the proposal does not meet the Shoreland Management Ordinance as far as impervious surface is concerned. Therefore, the Parks , Recreation & Natural Resources Commission recommended denial . Don Sorensen, 7121 Willow Creek Road, expressed concerns of the neighboring residents: 1) the PUD that is being asked to be approved calls for 2 commercial buildings with a possible third and the residents feel very strongly commercial does not belong on this site and that is why they are asking for a change in the PUD. They are willing to go to office but don't want commercial ; 2) the visual density of the Ryan development - the residents feel that the open space in the Ryan development proposal could be increased by clustering buildings in groups of three around a common atrium, thereby leaving greater open space between each building area; 3) the adverse impact of commercial - noise and lights across the water of Bryant Lake are incompatible with existing residents 1 , Asked tha the Council consider removing the commercial or highway commercia`� use of the s to and amend the guide plan to show this as only office, and 4) the amount of imperviou surface - the residents feel that in exchange for granting of some variances under the PUD that a decrease in impervious surface may be a reasonable tradeoff for the City to expect. Enger commented on the matter of variances required as follows: In terms of side yard setbacks in a traditional office subdivision, the proponents would be required to have a side yard setback of 20 feet minimum on one side and both side yards combined would .have to equal 50 feet. If this area were platted in a traditional way with lot lines down between each building, there would be 40 feet between some buildings and 50 feet between others. In terms of parking, the City's i ordinance requires 5 spaces per 1 ,000 square feet. There are 368 spaces being provided in this proposal and there are 388 spaces required by ordinance, which would translate to 4,000 square feet of building space that would have to be subtracted out of the 77,000 square feet if they were to meet the ordinance with the 2nd phase. ,ity C:.�jncil Minutes - 7 - Tues. ,September 2, 1980 ri B. Bryant Lake Center PUD & Lakeridge Office Park Rezoning (continued) Enger responded to a question raised by Penzel regarding height requirements: Ordinance No. 135 in the office district category has a 30 foot height limitation of buildings; the Major Center Area PUD contemplates multiple story buildings. MOTION: Redpath moved, seconded by Osterholt, to close the Public Nearing and adopt Resolution No. 80-161 , approving the Bryant Lake Center PUD concept for office and commercial uses on 31 acres. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 80-162 , approving the preliminary plat for Lakeridge Office Park. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give a 1st Reading to Ordinance No. 80-23, rezoning from C-Reg. to Office for 7. 7 acres for Lakeridge Office Park. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-163, finding the Environmental Assessment Worksheet for Bryant Lake Center a private action does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft a developer's agreement including the recommendations of the Staff Report dated August' 22, 1980, and recommendations of the Planning Commission. Further that a trailway be constructed along Valley View Road and some type of resolution on drainage be investigated so it can be ponded as on Anderson Lake. Motion carried unanimously. C. Rezoning to Rural in Southwestern Eden Prairie (Ordinance No. 80-22) MOTION: Osterholt moved, seconded by Edstrom, to give a ist Reading to Ordinance No. 80-22, rezoning properties in Southwestern Eden Prairie to Rural . Motion carried unanimously. D. Neill Woods 2nd Addition by The Preserve. Request to rezone 2 acres from Rural to R1-13.5 for 4 lots. Located south of Neill Woods. (Ordinance No. 80-21 ) City Planner Enger explained the Planning Commission reviewed this proposal on July 28, 1980, and recommended on a 5 - 0 vote that the Council consider approval of the project. MOTION: Osterholt moved, seconded by Edstrom, to give a is t Reading to Ordinance No. 80-21 , rezoning 2 acres from Rural to R1-13. 5 for lots, Neill Woods 2nd Addition by The Preserve. Motion carried unanimously. E. Proposed Communications System (Cable TV) - 1) Minnesota Cablesystem, 2) Northern Cablevision, and 3) Teleprompter Cable T.V. MOTION: Edstrom moved, seconded by Osterholt, to continue the Council meeting past the 11 :30 PM scheduled adjournment time. Motion carried unanimously. City Manager Ulstad explained three bidders have submitted their proposals and the procedure that will be followed is that each proponent will be allowed 10 minutes for their presentation, after which time questions may be raised by the Council or members of the audience. The proponents are to appear in alphabetical order as follows: 1) Minnesota Cablesystem, 2) Northern Cablevision, and E 3) Teleprompter Cable TV. i City Council Minutes - 8 - Tues. ,September 2, 1980 E. Proposed Communications System (Cable TVA - continuedw , William R. Craig, Vice President of Minnesota Cablesystems Southwest, Beverly J. Land, Vice President - Corporate Development of Northern Cablevision, and Ron Abrams , Area Representative of Teleprompter Corporation, each gave 10 minutes presentations to the Council . after which time the proponents responded to questions raised by Council members . (Transcripts of each presentation are on file at the Eden Prairie City Hall ) . MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and thanked the representatives from the three systems. Motion carried unanimously. F. Utility and street improvements on Industrial Drive I.C. 51-288 (Resolution } No. 80-166 City Engineer Jullie spoke to the .feasibility report on the proposed utility and street improvements on Industrial Drive. Jullie stated he met with the property owners on two previous occasions and has reviewed the project extensively r with them along with supplying them a copy of the feasibility report. There are some concerns primarily involved with the credit regarding the previous street construction which was done sometime ago by two of the property owners involved. Through the meetings and discussions, the City has proposed a credit of $20,000 that would be applied to Midwest Asphalt & Northern Contracting which would be some measure of repayment to them for their previous investment in the street and storm s , drainage work which has been to the benefit of all the property owners involved. Jullie felt he had somewhat of a consensus on the procedure for allowing that credit. However, today Jullie explained he received a request from the Lakeland— Vet. Company to consider a reduction or elimination of that credit on their m.. ' parcel , and there may be other properties who have had second thoughts about that credit this evening. That may be the only stumbling block and maybe it could be worked out by the time of the assessment hearing, which would come later on after the project is ordered in (Fall of 1981 ) . Vincent Manerin, 6280 Industrial Drive, spoke against paying for something 4 somebody did for their own benefit years ago. Mr. Manerin added he has no problem with water and sewer; however, is against the widening of the road that is kind of a dead end road and the storm sewer. Jullie explained the sewer and water will almost totally wipe out the existing road surface. The standard road in an industrial area is 38 feet wide, 9 ton, designed road with concrete curb and gutter, and proper storm drainage to pick up the drainage that is not only in the road bed but also coming from the adjacent hard surface area which in an industrial area is a considerable amount as compared to a residential neighborhood with a lot of grass cover and pervious surface. The staff recommends a road in accordance with the City's minimum recommended standards. The City tries to propose an improvement that will enhance the neighborhood and is consistent with what is required of developers in other areas. However, the street width right now is 24 feet, and if the Council will so direct it could be replaced to the width that is there but that is not staff's recommendation. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 80-166, ordering in utility and street improvements on Industrial Drive, I.C. 51-288, and to direct staff to review the criteria used ! for the road construction as to its width and necessity for storm sewer improve- ments within the next 30 - 45 days. Motion carried unanimously. Jullie stated he will try and involve the interested parties in the road design process. a; r , . r i ty Council Minutes - 9 - Tues. ,September 2, 1980 G. 1981 City Budget MOTION: Osterholt moved, seconded by Pauly, to receive the 1981 City Budget l and place it on the September 16, 1980 Council agenda for further discussion. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 2982 - 3103 MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 2982 - 3103. Roll Call Vote: Osterholt, Redpath, Edstrom and Redpath voted "aye" on claims nos. 2982 - 3101 ; Pauly "abstained" on claim no. 3060 and voted "aye" on all other claims. Motion carried VI. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - No Fault Grievance Process This item was moved to the Consent Calendar (III . K. ). II. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for a Kennel License from Mr. & Mrs. Renier (continued from 8/19/80) Ulstad explained Mr. Ruegemer called this afternoon and said Mr. Renier did talk to him and agreed to the following: 1) to clean up the area, 2) won't raise any more dogs , 3) after third dog dies they will not replace, and 4) to keep the dogs as quiet as possible. Ulstad added if Mr. Renier adheres to these promises, than Mr. Ruegemer is not opposed to the granting of a kennel license for the Renier's . ' MOTION: Osterholt moved, seconded by Redpath, to grant a six-month kennel license to Mr. & Mrs. Renier contingent on the four items Mr. Renier agreed to with Mr. Ruegemer. Motion carriecJrNnanimously. Mr. Renier, who was in the audience, stated he did agree to the four items with Mr. Ruegemer. B. Request from Grant Sutliff appealing Board of Appeals & Adjustments decision regarding Housing Moving Permit M8O-18 Grant Sutliff, 7070 Eden Prairie Road, spoke to his request appealing the Board of Appeals& Adjustments decision to move a house into the Duck Lake Vista Development. (Communication from Mr. Sutliff dated August 27, 1980, attached as part of minutes). MOTION: Osterholt moved, seconded by Redpath, to decline to review the action of the Board of Appeals & Adjustments. Motion carried unanimously. Osterholt asked Tim Pierce if he had any intentions of moving any other houses into the area. Mr. Pierce replied he doesn' t have any intentions of moving any further houses although he hasn't been approached. Thus far he has only encouraged two people to do so because he felt those two houses would fit within the subdivision of a new area. Steve Mendele explained he is the one who is going to be moving the house in, and referred to the long list of things he has to do to the house within a year to bring it up to general appearance to fit in with everything around it. City Council Minutes - 10 - Tues. ,September 2, 1980 VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Osterholt stated he has had several people express their thanks for the trails that have been put in place, and particularly the one on Valley View. 2. Councilwoman Pauly asked that the possibility of lowering the speed limit on Hwy. 5 be looked into as there have been three pretty bad accidents recently. : 3. Mayor Penzel asked if active barriers could be placed along the trail and road pavement- particularly the one at Scenic Heights Road, as the trail will assuredly be used as turning lanes. If not barriers, that something be done as a positive deterent. 4. Councilman Edstrom complimented the Public Safety Department after seeing them handle a recent accident on Hwy. 169 and Eden Prairie Road. B. Report of City Attorney No report. ` C. Report of City Manager No report. D. Report of Director of Community Services 4 1. Southwest Trails Association Snowmobile Trail Sponsorship Request MOTION: Osterholt moved, seconded by Edstrom, to sponsor the Southwest Trails Association and approve their proposal as submitted. Motion carried unanimously. ,- E. Report of City Engineer 1. Change Order No. 1 , I.C. 51-255, improvements in Cardinal Creek 1st Addition This item was moved to the Consent Calendar (III . L. ) . 2. Consider amendment of Joint Agreement for Suburban Rate Authority (Resolution No. 80-168)--- General discussion took place regarding the amendment of the Joint Agreement for the Suburban Rate Authority. Osterholt asked if the Suburban Rate Authority doesn't have funds, an the Metropolitan Council doesn' t have funds, who is going to pay the bil City Engineer Jullie replied the member communities would have to. MOTION: Pauly moved, seconded by Osterholt, to table this item indefinitely. Motion carried unanimously. 3. Consider bids for Valley View Road Dell Road Phase II im roYements I .0 51-325D G Resolution No. 80-16 This item was moved to the Consent Calendar (III. M. ). ♦ y City Council Minutes � - 11 - Tues. ,September 2, 19$0 4. Change Order No. 1 , I .C. 51-367 for additional storm sewer in Duck Lake Vista This item was moved to the Consent Calendar (III . N. ) . I 5. Grading permit for property north of Co. Rd. 1 and 1/2 mile west of Co. Rd. 4 City Engineer Jullie spoke to his memo dated August 29, 1980 regarding the grading permit issued by the Engineering Department for the 1st acre of property owned by V & S Enterprises located just north of Co. Rd. 1 and about 1/2 mile west of City Hail . Jullie further commented the proponents will be back shortly for the remainder of the grading permit after they have been through the Watershed District. No action required-. F. Report of Finance Director 1.Receive the Housing & Redevelopment Authority Plan i MOTION: Osterholt moved, seconded by Pauly, to receive the Housing & Redevelopment Authority Plan. Motion carried unanimously. 2.Report of vote counting equipment Finance Director Frane spoke to his memo dated August 21 , 1980, and answered questions of Council members regarding equipment for counting votes. MOTION: Osterholt moved, seconded by Redpath, to authorize $2,600.00 for the purchase of one additional counting device of the type the City presently is using. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted"aye". Motion carried unanimously. IX. NEW BUSINESS A. Finance Director Frane asked that the Council amend Resolution No, 80=158, appointing election judges, by striking "Jean Rowe" and inserting in lieu thereof "Ruth Charchain" . MOTION: Edstrom moved, seconded by Osterholt, to amend Resolution No, 80.-158, appointment election judges, by striking "Jean Rowe" and inserting In lieu thereof "Ruth Charchain". Motion carried unanimously. X. ADJOURNMENT MOTION: Pauly moved, seconded by Redpath, to adjourn the Council. Meeting at 12;54 PM. Motion carried unanimously. Ree to y LAKELAND-VET, INC. Office 612-937-1955 Peter G. Sheldrick P.O. Box 1-B Watts Line Milton L. Bohlen 14101 West 62nd Street 1-800-328.0652 Date L. Steege Eden Prairie, Minnesota 55344 Minn. 1-800-742-0515 September 2, 1980 City of Eder Prairie 8950 Eden Prairie Rd Eden Prairie, Mn. 55344 Your Reference: I.C. 51-288 Our Reference: 3-116-22-22-7 W. R. Reilly Et al Dear Sir: We wish to refer to the following planned improvement. I.C. 51-288 - Extension of Waterillain, Sanitary Sewer, Paving and Storm Sewer in and adjacent to Industrial Drive. The area all lies in Section 3, T116, R22. We submit this letter to be presented at the Eden Prairie Coucil Meeting @ 7:30P.M. , September 2nd, 1980. ' 4: Under the heading additional factors paragraph B Factors Paragraph B We protest the assessment of $ 1,821.00 per acre for the 4' bituminous surface already existing on Industrial. Drive. We base this protest on the fact that at no time have we used Industrial Drive exits, and also one parcel of our acreage does not have foot frontage on Idustrial Drive. .As far as we are concerned, we have received no benefit from this previous improvement and feel that it is unreasonable that we should be assessed any portion of this cost. We are lodging this protest in writing, due to the foct that regretfully we are unable to attend this meeting. J if W. . Reilly Et-al Lakeland-Vet,, Inc. Lakeland 'es Complete Line Veterinary Product Distributor 'Prompt Service, Competitive Pricing" r. COMMENTS OF WILLIAM R. CRAIG VICE PRESIDENT MINNESOTA CABLESYSTEMS-SOUTHWEST r TO THE EDEN PRAIRIE CITY COUNCIL 9/02/80 HELLO, I AM BILL CRAIG, VICE PRESIDENT OF MINNESOTA CABLESYSTEMS-SOUTHWEST . WITH ME ARE : MINNESOTA CABLESYSTEMS-SOUTHWEST IS A PARTNER- SHIP BETWEEN MORE THAN 30 SOUTHWEST AREA RESIDENTS { ' AND CANADIAN CABLESYSTEMS, LTD. CANADIAN CABLESYSTEMS IS THE WORLDS LARGEST CABLE TELEVISION OPERATION AND HAS BEEN IN THE CABLE TELEVISION BUSINESS FOR 3 DECADES . ALL BUT ONE OF CCU S BUILT SYSTEMS ARE SITUATED IN COLD WEATHER REGIONS AS SEVERE AS MINNESOTA . THE BASIC CONCEPTS OF CABLE TELEVISION HAVE NOT CHANGED MUCH OVER THE LAST THIRTY YEARS. A CABLE TELEVISION SYSTEM RECEIVES LOCAL AND DISTANT SIGNALS FROM AN ADVANTAGEOUS POSITION AND MIXES THESE TOGETHER WITH LOCAL ACCESS AND COMMUNITY PROGRAMMING AT ITS HEADEND . THE HEADEND IS THE 2 NERVE CENTER OF THE SYSTEM WHERE SIGNALS ARE CLEANED UP, BALANCED, ENHANCED AND SENT INTO THE CABLE NETWORK. THE CABLE NETWORK THEN DISTRIBUTES THESE SIGNALS INTO SUBSCRIBING HOUSEHOLDS. THE HEADEND CAN BE LIKENED TO A WATER PUMPING STATION AND THE CABLE NETWORK LIKENED TO THE PIPE REQUIRED TO DELIVER CITY WATER TO THE HOME. THE BASIC DEVELOPMENTS IN CABLE OVER THE LAST THREE DECADES HAVE BEEN : 1. AN INCREASE IN THE NUMBER OF TELEVISION CHANNELS . rr 2 . A DRAMATIC INCREASE IN THE NUMBER OF PROGRAMMING SOURCES BY THE USE OF SATELLITES STARTING IN 1975 . 3. AN INCREASE IN COMMUNITY ACCESS PROGRAMMING BROUGHT ABOUT BY HEIGHTENED COMMUNITY SUPPORT, AND 4 . ADVANCES IN CABLE TECHNOLOGY PERMITTING SIGNALS TO BE SENT FROM THE HOME TO THE HEADEND WHICH SUPPORT INTERACTIVE SERVICES SUCH AS DATA EXCHANGE, ALARM SERVICES AND OPINION POLLING . WHEN OUR COMPANY STARTED BUILDING ITS FIRST CABLE TELEVISION SYSTEM IN 1952, IT WAS A SYSTEM MUCH DIFFERENT THAN THE SYSTEM WE ARE PROPOSING FOR EDEN PRAIRIE AND THE SOUTHWEST AREA. IN 1952, THAT FIRST SYSTEM OFFERED ONLY 3 TELEVISION 3 STATIONS - ALL FROM DETROIT, MICHIGAN . OVER THE YEARS, THIS ORIGINAL SYSTEM HAS EVOLVED AND BEEN VOLUNTARILY UPGRADED BY CCL TO MAINTAIN STATE OF THE ART TECHNOLOGY. AND I MIGHT ADD THAT THE RESPONSE TO OUR CABLE SYSTEMS IN CANADA HAS BEEN GRATIFYING. OVER 80% OF THE HOUSEHOLDS PASSED BY OUR CABLE ARE SUBSCRIBERS . A WE ARE PROPOSING TO TAKE EDEN PRAIRIE AND THE SOUTHWEST AREA SEVERAL STEPS FURTHER . WE ARE PROPOSING 1*0 BUILD A SYSTEM THAT HAS THE CAPACITY TO OFFER 54 CHANNELS OF TELEVISION PROGRAMMING, FOUR TIERS OR LEVELS OF SERVICE TO WHICH HOUSE- HOLDS MAY SUBSCRIBE, TWO-WAY CAPACITY TO ALLOW FOR FULL DATA INFORMATION EXCHANGE IN AND OUT OF THE HOME, AND AN EXTENSIVE COMMUNITY ACCESS PRO- GRAMMING SERVICE. IN SHORT, THE MOST SOPHISTICATED CABLE COMMUNICATIONS SYSTEM EVER OFFERED IN A SUB- URBAN AREA. 9 EACH ONE OF THE SUBURBS COMPRISING THE SOUTHWEST AREA IS UNIQUE . WHILE THE OTHER SUBURBS ARE NEARING COMPLETION, EDEN PRAIRIE STILL HAS AMPLE ROOM FOR GROWTH, IT IS THE POTENTIAL FOR COMMERCIAL AND RESIDENTIAL EXPANSION WHICH MAKES THE EDEN PRAIRIE FRANCHISE ATTRACTIVE TO MINNESOTA CABLESYSTEMS- SOUTHWEST . EDEN PRAIRIE WILL PROVIDE THE SOUTHWEST i 4 4 WITH GROWTH THAT WILL STABILIZE FUTURE RATES FOR b THE WHOLE AREA. s 7 EDEN PRAIRIE HAS SUCCEEDED, AS FEW OTHER CITIES HAVE, IN MAINTAINING A GOOD BALANCE BETWEEN ITS ATTRACTIVE RESIDENTIAL AREAS AND ITS FAST DEVELOPING BUSINESS DISTRICT. EDEN PRAIRIE IS A COMMUNITY OF WELL BUILT NEIGHBORHOODS, ACTIVE COMMUNITY- ORIENTED CHURCHES AND OUTSTANDING SCHOOLS. EDEN PRAIRIE IS BLESSED WITH THE MOST ADVANCED PUBLICLY FUNDED VIDEO PRODUCTION STUDIO IN THE TWIN CITIES. WE HAVE PROPOSED TO WORK WITH HENNEPIN TECHNICAL TO ENHANCE THIS FACILITY TO PROVIDE COMMUNITY ACCESS PROGRAMMING FOR EDEN PRAIRIE. WE ARE PROPOSING TO PROVIDE ABOUT TWICE AS MUCH ACCESS STAFF AS THE OTHER APPLICANTS AND CONSIDERABLE FINANCIAL SUPPORT FOR COMMUNITY ACCESS PROGRAMMING. EARLY ON WE CAME TO SENSE THE DEDICATION EDEN PRAIRIE HAS TO EDUCATIONAL EXCELLENCE . AFTER CONSULTING WITH THE SOUTHWEST AREA 1»_ SCHOOLS, WE HAVE DESIGNATED TWO STAFF MEMBERS 5 WHOSE ONLY RESPONSIBILITY IS TO WORK WITH THE SCHOOL SYSTEMS IN DEVELOPING EDUCATIONAL PRO- GRAMMING . IN ADDITION, WE HAVE PLEDGED A MINIMUM a OF $10,000 PER YEAR FOR RESEARCH AND DEVELOPMENT li OF NEW WAYS IN WHICH CABLE TELEVISION CAN ENHANCE EDUCATIONAL OPPORTUINITES . THIS COMMITMENT IS UNMATCHED BY OUR COMPETITORS. IN DESIGNING OUR PROGRAMMING OFFERINGS WE TOOK INTO ACCOUNT THE SENIOR CITIZENS LIVING ON FIXED INCOMES AND THE YOUNG FAMILIES LIVING ON TIGHT BUDGETS IN EDEN PRAIRIE. WE HAVE DESIGNED OUR SYSTEM TO OFFER THE WIDEST RANGE OF PROGRAMMING CHOICES WITH A PACKAGE TO FIT EVERY BUDGET. -OUR UNIVERSAL TIER OFFERS 7 COMMUNITY CHANNELS FREE OF MONTHLY CHARGE. -OUR UNIQUE FAMILY ENTERTAINMENT TIER OFFERS 21 CHANNELS FOR $3.95 PER MONTH. THIS INCLUDES CHANNELS FOR CHILDREN, SENIORS, GOLDEN MOVIES, SPORTS, NEWS, ARTS & HUMANITIES, & A FAMILY ORI- ENTED PREMIUM PAY TV SERVICE. -THE BASIC TIER OF 54 CHANNELS COSTS $5.95 MONTHLY . -OUR "INTERACTIVE TIER" IS OFFERED AT $10. 95 PER MONTH AND OFFERS VIEWERS-AND BUSINESSES-THE CABLE TELEVISION OF THE FUTURE . TELIDON INFORMA- TION RETRIEVAL IS A PROVEN SYSTEM WHICH PROVIDES COLOR, GRAPHIC DISPLAYS AND DRAWS ON AN 6 UNLIMITED DATA BASE . CABLESYSTEMS' INTERACTIVE FEATURES INCLUDE HOME POLLING, PAY-PER-VIEW PRO- GRAMMING, AND TELESHOPPING . ALL FOUR TIERS OF SERVICE WILL BE OFFERED TO SENIOR CITIZENS AND THE HOMEBOUND AT A 15% DISCOUNT. MINNESOTA CABLESYSTEMS OFFERS THE GREATEST NUMBER OF PREMIUM PAY TELEVISION SERVICES BRINGING THE BEST IN CURRENT MOVIES, SPORTING EVENTS AND ENTERTAINMENT SPECIALS TO THE VIEWERS. IN SHORT, WE OFFER THE MOST PROGRAMMING VARIETY AT THE LOWEST COST OF THE THREE APPLICANTS, CABLESYSTEMS EXCEEDS THE OTHERS IN THESE IMPORTANT AREAS : THE FASTEST BUILT SYSTEM (THE ENTIRE SOUTH- WEST AREA WILL BE BUILT IN 2 SUMMERS, WITHIN 18 MONTHS. ) THE MOST EXTENSIVE SYSTEM -THE LONGEST AND GREATEST CAPACITY INSTITUTIONAL NETWORK (THIS IS BACKED BY OUR CABLE COMMUNI- CATIONS LABORATORY WHICH IS THE FINEST IN THE F 7 z WORLD . WE ARE THE ONLY APPLICANT HAVING DIRECT EXPERIENCE IN FIBER OPTICS AND PACKET SWITCHING TECHNIQUES THAT ARE FUNDAMENTAL TO BUILDING A BROADBAND COMMUNICATIONS NETWORK FOR THE AREA. ) -THE LOWEST RATE FOR BASIC CABLE TELEVISION SERVICE -THE HIGHEST SENIOR CITIZEN DISCOUNT OF 15n -THE GREATEST NUMBER OF PREMIUM OPTIONS -THE GREATEST CHOICE IN TIER SELECTION -THE GREATEST FINANCIAL AND STAFF COMMITMENT TO COMMUNITY ACCESS PROGRAMMING -THE ONLY COMPANY WITH LOCAL INVESTORS AND THE ONLY COMPANY WITH A BOARD OF DIRECTORS THAT WILL HAVE A MAJORITY WHO ARE RESIDENTS OF THE FIVE SOUTHWEST CITIES TO ASSIST YOU IN ENSURING THE DELIVERY OF THE CABLE PRODUCT DESIRED BY YOUR CITIZENS. THESE, AND THE OTHER SUBSTANTIAL COMMITMENTS IN OUR APPLICATION, ARE BACKED BY OUR LOCAL INVESTORS AND CANADIAN CABLESYSTEMS. CCL., WE FEEL, '41 8 IS IN THE BEST POSITION OF ALL THE APPLICANTS TO STAND BY THESE COMMITMENTS BECAUSE WE HAVE: -THE MOST COLD WEATHER EXPERIENCE -FINANCIAL AND ADMINISTRATIVE CAPABILITY TO INSTALL THE SYSTEM IMMEDIATELY -AN UNSURPASSED AND SOPHISTICATED ENGINEERING GROUP. (ONE REASON CCL TYPICALLY HAS HIGHER SUBSCRIBER PENETRATION IS DUE TO THE ATTEN- TION SPENT IN BUILDING A TOP QUALITY SYSTEM. ) t -LONGEST AND MOST EXTENSIVE COMMUNITY ACCESS EXPERIENCE (14E FIRST STARTED COMMUNITY ACCESS PROGRAMMING IN 1965, A FULL TEN YEARS BEFORE ANY REGULATOR REQUIRED IT. ALSO CCL HAS OVER LOO FULL TIME EMPLOYEES WHOSE SOLE JOB RESPONSIBILITY IS ACCESS PROGRAMMING OVER ALL OF ITS SYSTEMS . ) WHILE THE OTHER APPLICANTS CAN DELIVER A GOOD PRODUCT, WE FEEL THAT MINNESOTA CABLESYSTEMS SOUTHWEST WILL DELIVER A SUPERIOR CABLE SYSTEM. WE HAVE COPIES OF CABLESYSTEMS-SOUTHWEST NEWS TO HAND OUT TO YOUJ ALSO A BROCHURE EXPLAINING TELIDON . THANK YOU FOR YOUR ATTENTION. GOOD EVENING, MY NAME IS BEVERLY J. LAND. AS V.P. FOR NORTHERN CABLEVISION t l I AM PLEASED TO PRESENT TO YOU HIGHLIGHTS OF NORTHERN' S PROPOSAL TO BUILD AND DEVELOP THE MOST MODERN AND SOPHISTICATED CABLE COMMUNICATIONS SYSTEM POSSIBLE FOR THE 5 SW SUBURBS OF EDEN PRAIRIE, EDINA, MINNETONKA, HOPKINS, & KICHFIE LD. DURING THE NEXT FEW MINUTES, I WOULD LIKE TO INVITE YOUR ATTENTION TO THREE REASONS WHY I BELIEVE NORTHERN IS THE BEST COMPANY TO SERVE THE SW COMMUNITIES';. i AND I TS RESIDENTS . NORTHERN BELIEVES WE' RE THE LOGICAL CHOICE BECUASE : OUR PRICE IS THE LOWEST . OUR PROGRAMMING SELECTIONS ARE MORE THAN THE OTIIER APPLICANTS OUR SERVICE OFFERINGS ARE THE BEST NORTHERN' s COMPREHENSIVE SYSTEM IS UNIQUE IN THAT IT CONSISTS OF 3 SEPARATE NETWORKS, THE FIRST OF WHICH IS THE HOME SUBSCRIBER NETWORK. THIS NETWORK IS DESIGNED TO DELIVER 113 CHANNELS OF EDUCATION, INFORMATION & ENTERTAINMENT TO THOUSANDS OF HOME SUBSCRIBERS . IT CONSISTS OF 620 MILES, 5 HUBS (I IN EACH COMMUNITY) . IN CONTRAST TO ONE APPLICANT, OUR CONSTRUCTION TIME TABLE BEGINS ON THE DAY THE FRANCHISE IS AWARDED AND WE' LL COMPLETE OUR SYSTEM IN 2 YEARS . THIS 2 YEAR TIME FRAPIE INCLUDES THE ESTIMATED 4-6 MONTHS NECESSARY TO GAIN MCCB CERTIFICATION, RESULTING IN AN ACTUAL CONSTRUCTION PERIOD OF 18-20 MONTHS . AS A RESULT, EDEN PRAIRIE WILL RECEIVE CABLE SERVICE AS FAST AS POSSIBLE . BECAUSE WE RECOGNIZE tDEN PRAIRIE AS A THRIVING AND GROWING AREA, WE HAVE COMMITTED OURSELVES TO BUILDING 35 H .P.M. RATHER THAN THE 110 REQUIRED BY THE I . F .A . IN ESSENSE NORTHERN IS PREPARED TO DELIVER A SYSTEM TO MEET NOT ONLY TODAY' S NEEDS, BUT TOMORROWS REQUIREMENTS AS WELL. 1 9 NORTHERN' S HOME SUBSCRIBER NETWORK OFFERS 3 FULL SERVICE TIERS, THE FIRST . BEING OUR UNIVERSAL SERVICE OF 7 COMMUNITY CHANNELS PLUS THE LOCAL BROADCAST t 1 STATIONS, ALL AVAILABLE WITHOUT MONTHLY CHARGE AND PROVIDED AS A PUBLIC SERVICE . UUR SECOND TIER IS THE BASIC SERVICE OF 43 CHANNELS . THIS SERVICE WAS ATTRACTIVELY PACKAGED WITH THE DIVERSE INTERESTS OF THE 5 COMMUNITIES IN MIND, INCLUDING LOCAL BROADCAST STATIONS, PAY TV CHOICES, AND A HOST OF LOCAL PROGRAMMING AND ACCESS CHANNELS INCLUDING NORTHERN' S LOCAL MEWS AND SPORTING EVENTS, OUR CULTURAL HERITAGE CHANNEL, iW0 24 HOUR WEATHER CHANNELS, CHILDREN` S PROGRAMMING, CLASSIC MOVIES AND THE EDEN PRAIRIE COMMUNITY CALENDAR. OUR THIRD TIER IS THE INTERACTIVE SERVICE, CONSISTING OF ALL SERVICES ON THE BASIC TIER + E7 MORE CHANNELS OF VIDEO AND TEXT. ADDITIONAL PAY TV OPTIONS SUCH AS THE MOVIE CHANNEL, PREMIERE AND THE SOON TO BE DEVELOPED PACE SERVICE, PLUS OTHER ENTERTAINMENT FEATURES_, I KE, LA,$ VEGAS ENTERTAINMENT !NETWORK WILL ALSO BE INCLUDED HERE . b UT THE INTERACTIVE SERVICE HAS BEEN DEVELOPED NOT TO PROVIDE JUST MORE ENTERTAINMENT. NORTHERN 'S INTERACTIVE SERVICE MAKES 2-WAY COMMUNICATIONS A REALITY, OUR INTERACTIVE CAPABILITY - WHERE A SUBSCRIBER CAN INTERACT WITH THE TV SET - BRINGS SHOPPING AT HOME, INFORMATION RETRIEVAL, OPINION POLLING AND COLLEGE COURSE RIGHT INTO THE LIVING ROOM. ADDITIONALLY, NORTHERN' S SYSTEM WILL OFFER A _PROVEN K TESTED HOME SECURITY SYSTEM FOR THOSE DESIRING THIS OPTIONAL SERVICE . 3 INCLUDED IN THE MYRIAD OF SERVICES OF 14ORTHERN ' S BASIC AND INTERACTIVE } TIERS WILL BE OUR OWN CREATIVE, LOCALLY ORIGINATED PROGRAMMING PRODUCED IN OUR STUDIOS, PLUS MEANINGFUL COMMUNITY ACCESS PROGRAMMING DESIGNED BY OTHERS TO HIGHLIGHT EACH COMMUNITIES INTERESTS, NEEDS, AND DESIRES . NORTHERN IS COMMITMENT TO LOCAL AND ACCESS PROGRAMMING IS A STRONG ONE , WE HAVE DESIGNATED A TOTAL OF LH CHANNELS TO COMMUNITY PROGRAMMING AND WILL SUPPORT THIS WITH OVER $1 MILLION TO SEE THAT THE PRODUCTION OF OUR s OWN LOCAL PROGRAMMING AND THAT OF LOCAL ACCESS USERS IS SUCCESSFUL. C s a BECAUSE NORTHERN VIEWS LOCAL ORIGINATION AND ACCESS AS A GENIUNE PUBLIC SERVICE TO THE INDIVIDUAL COMMUNITIES, ORGANIZATIONS, AND SUBSCRIBERS ALIKE, WE ARE COMMITTED TO PROVIDING A FULL COLOR STUDIO IN EACH OF THE SUBURBS, A MOBILE "STUDIO ON WHEE=LS"o A SEPARATE MOBILE VAN AND EASY TO USE PORTAPAK CAMERAS TO ACCOMODATE ON—SITE COMMUNITY PROGRAMMING. a PERHAPS THE MOST INNOVATIVE ASPECT OF NORTHERN ' S LOCAL AND ACCESS PRO— GRAMMING CONCEPT IS OUR ABILITY TO PROGRAM A VARIETY OF CHANNELS SIMUL— TANEOUSLY TO EACH COMMUNITY, CREATING 60 COMMUNICATIONS AVENUES AT ONE TIME FOR DISCRETE, OR INDIVIDUAL COMMUNITY PROGRAMS . THIS MEANS THAT EACH CITY CAN ORIGINATE ITS OWN PROGRAMMING AND SEND IT TO ITS OWN RESIDENTS, i INDEPENDENT OF WHAT MIGHT BE SHOWING ON THAT CHANNEL IN ANOTHER CITY. FOR EXAMPLE, EDEN PRAIRIE MIGHT WISH TO SEE ITS LOCAL HIGH JCHOOL HOCKEY TEAM ON CABLE, WHILE THE OTHER 4 COMMUNITIES WERE WATCHING A LOCAL FESTIVAL ALL ON IHE SAME CHANNEL, ALL AT THE SAME TIME . TH I S IS NOT ONLY CONSISTENT WITH THE NEED FOR' INCREASED COMMUNICATIONS CAPABILITY WITHIN EDEN PRAIRIE AS IDENTIFIED BY THE CITIZEN' S ADVISORY COMMITTEE, IT FAR EXCEEDS IT . -4 NERHAPS MOST IMPORTANT AMONG NORTHERN'S OFFERING TO THE SW SUBURBS IS OUR CONTRIBUTION TO EDUCATION -- AN AREA WHICH WAS CITED AS BEING EXTREMELY N td - SA N IMPORTANT TO EDEN RAIRIE IN ITS OWN EED ASSESSMENT . BRIEFLY, WE WILL PROVIDE 12 EDUCATIONAL CHANNELS ON THE HOME SUBSCRIBER. NETWORK, EACH OF WHICH IS DISCRETELY PROGRAMMABLE TO EACH CITY. IN ADDITION TO THESE DEDICATED CHANNELS, NORTHERN S INSTITUTIONAL NETWORK WHICH ILL DESCRIBE NEXT — WILL ALSO BE AVAILABLE FOR ADDITIONAL EDUCATIONAL PROGRAMMING CAPABILITY . NORTHERN' S SEPARATE INSTITUTIONAL NETWORK WILL COVER 155 MILES THROUGHOUT THE SW AREA AND WILL CONNECT OVER 140 AREA SCHOOLS ( INCLUDING THE NEW EDEN PRAIRIE HIGH SCHOOL), LIBRARIES, CITY HALLS, SENIOR CITIZEN CENTERS, AND OTHER COMMUNITY RESOURCES . OFFERING AN INITIAL 42 CHANNELS PER COMMUNITY, THE INSTITUTIONAL NETWORK CAN BE EXPANDED TO 126 CHANNELS TO MEET FUTURE NEEDS. AS I MENTIONED PREVIOUSLY, THIS CAPACITY WILL MORE THAN ADEQUATELY HANDLE ADDITIONAL EDUCATIONAL PROGRAMMING, COMPUTER USES AND THE AUDIO/VIDEO/AND DATA TRANSMISSION WHICH THIS NETWORK HAS BEEN DESIGNED TO CARRY, NORTHERN WANTS TO MAKE INSTITUTIONAL NETWORKING MEANINGFUL. THEREFORE, WE WILL PROVIDE FREE INSTALLATION AND FREE SERVICE TO SW INSTITUTIONS AND ENCOURAGE THEIR USE BY DONATING EQUIPMENT TO FACILITATE THE USE OF THIS COMMUNICATIONS CAPABILITY. LASTLY, NORTHERN I,ABLEVI S ION CAN OFFER IMMEDIATE I N-rERCONNECTI ON WITH OTHER METRO AREA COMMUNITIES AS NO OTHER COMPANY CAN . OUR SEPARATE COMMUNITY INTERCONNECT NETWORK WILL ACTIVELY PROMOTE THE SHARING OF PROGRAMMING INTERESTS AND IDEAS WELL BEYOND THE LIMITED CAPACITY OF THE REQUIRED REGIONAL CHANNEL 6. C WHAT WILL ALL THIS COST? AS STATED BEFORE, NORTHERN OFFERS THE GREATEST NUMBER OF CHANNELS AND SERVICES AT THE LOWEST COST. IN ADDITION TO OUR BASIC AND INTERACTIVE TIERS, NORTHERN WILL PROVIDE A UNIVERSAL SERVICE, FREE. ( HERE IS ONLY A ONE-TIME INSTALLATION FEE . KEFLECTED ANOTHER WAY - NORTHERN'S COST PER CHANNEL IS ALSO THE LOWEST. CONSISTENT WITH OUR REASONALBE RATES FOR BASIC AND INTERACTIVE SERVICE, YOU WILL NOTE THAT NORTHERN ALSO HAS THE LOWEST RATES FOR OUR PREMIUM OR PAY TV CHANNELS. NORTHERN' S PROPOSAL AND ALL OF ITS PROMISES ARE BACKED TOTALLY BY OUR PARENT CORPORATION - JTORER BROADCASTING CO. AS THE 71H LARGEST CABLE COMPANY IN THE U . S . , STORER SERVES OVER ZOO COMMUNITIES AND ALMOST Ii MILLION SUBSCRIBERS NATIONWIDE . WITH 5300 MILLION IN ASSETS AND OVER $50 MILLION IN CASH FLOW, STORER IS PREPARED AND COMMITTED TO FULFILLING THE COMMITMENTS OF NORTHERN CABLEVISION . IN SUMMARY, NORTHERN IS OFFERING MORE THAN JUST A CABLE SYSTEM TO THE SW SUBURBS . WE ARE OFFERING YOU A PARTNERSHIP IN COMMUNICATIONS . ANY PARTNERSHIP MUST BE MUTUALLY ATTRACTIVE TO THE PARTIES INVOLVED. WE FEEL OUR PARTNERSHIP HAS ALL THE REQUIRED ESSENTIALS : OBJECTIVES THE FIVE SW CITIES WANT A MODERN AND SOPHISTICATED SYSTEM, AND NORTHERN STANDS READY TO PROVIDE IT. . RESOURCES NORTHERN WILL NOT ONLY DRAW UPON LOCAL RESOURCES AND TALENT BY PURCHASING LOCALLY AND HIRING LOCALLY, BUT WILL INVEST OVER $1 MILLION FOR PROGRAMMING TO MAKE LOCAL ACCESS A SUCCESS . TEAMWORK 14ORTHERN OFFERS THE MOST PROFESSIONAL STAFF WHICH CAN BRING TO FRUITION THE SERVICES WE`VE PROPOSED. LIKEWISE, OUR TEAM EFFORT WILL ENCOURAGE LOCAL COMMUNITY INVOLVEMENT THROUGH SEMINARS, WORKSHOPS, INTERNSHIPS, SCHOLARSHIPS AND VIDEO TRAINING OPPORTUNITIES . . HONESTY WE ARE PROUD OF OUR REPUTATION FOR HONESTY AND INTEGRITY, NE STAND BEHIND OUR PROMISES AND FULFILL OUR COMMITMENTS . tDEN PRAIRIE AND THE OTHER SW CITIES DESERVE NOTHING LESS . . EXPERIENCE NORTHERN IS THE LOCAL CABLE COMPANY. WE CAN BUILD AND OPERATE IN COLD CLIMATES AND PRESENTLY SERVE MORE THAN 20,000 SUBSCRIBERS IN BLOOMINGTON, FRIDLEY, ST. LOUIS PARK, AND ST. CLOUD. LIKEWISE, STORER BRINGS TO THE SW OVER 53 YEARS EXPERIENCE IN BROADCASTING AND CABLE TV. SUCH A COMBINATION OF LOCAL AND NATIONAL EXPERTISE IS UNMATCHED BY ANY OTHER APPLICANT. , RELIABILITY THE 5 SW COMMUNITIES WANT THE VERY BEST SYSTEM FOR ITS CITIES AND ITS RESIDENTS . OUR TRACK RECORD IS EXEMPLARY. WE WILL DELIVER ON OUR PROMISES. EDEN PRAIRIE AND THE SOUTHWEST SUBURBS CAN RELY ON NORTHERN . T .NORTHERN ALL OF THIS SPELLS ('NORTHERN . WE HOPE YOU WILL AGREE. WE WANT TO BE THE CABLE COMPANY TO SERVE YOU. Remarks by Ronald L. Abrams Teleprompter My name is Ron Abrams . I am the Area Representative of Teleprompter Corporation, one of the three companies which submitted a proposal to build and operate a cable television system in the five southwest suburbs. I'd like to thank you for the opportunity to speak to you tonight about Teleprompter's proposal . I would like to introduce Bob Klukas. Teleprompter's Area Representative for Ramsey County. I would like to introduce our attorney, Gary Gandrud. Teleprompter Corporation has more experience than any other cable television com- pany in building, programming, operating, marketing, and maintaining cable systems . Teleprompter Corporation is the nation's largest cable television company, with over 1 ,300,000 subscribers in more than 450 communities in 32 states. Teleprompter is also the largest cable operator in Minnesota. We operate systems in Rochester, Winona, Brainerd, Duluth and Stewartville, which serve 45.000 subscribers. Tele- prompter Corporation and its predecessors have been serving Minnesotans for over 25 years . The President of Teleprompter Cable TV. Mr. Bill Bresnan , is a native of Mankato, and he designed and built the Rochester system. Teleprompter has a r rich tradition of serving Minnesotans, and serving them well . Teleprompter Corporation also owns Muzak, the leading supplier of functional • music to commercial and industrial establishments, and Fi lmati on Associates. one f of the two amain suppliers of children's programing for Saturday morning television. In 1979, Teleprompter Corporation acquired a 50 percent interest in Showtime, the nation's second largest supplier of pay cable programming. Cable television is �A i Abrams Remarks Page Two s Teleprompter's principal business interest. In 1979. over 85 percent of Tele- prompter's revenues were attributed to our cable television operations. Ultimately, the company's success depends on its ability to provide a valued service to its subscribers. In 1979. Teleprompter's revenues rose to a record of close to $175 million, and Teleprompter's cash flow rose to a record of $45 million. This is positive testimony that Teleprompter is serving its subscribers very well indeed. This hearing tonight marks the second step in the process of Eden Prairie jointly awarding a cable television franchise with the cities of Hopkins, Edina, Minne- tonka. and Richfield. Teleprompter strongly endorses the process by which the five municipalities have jointly created the Southwest Suburban CATV Study Com- mission to solicit cable television proposals and to have the Commission recom- mend that a company be awarded a franchise to jointly serve the five constituent cities . Teleprompter has experience in serving similar suburban clusters in major metropolitan areas. August 18 marked the official opening of our Grosse Pointe, Michigan, system. The Grosse Pointe cluster includes five suburbs of Detroit. with over 250000 homes . The first subscribers were served in Grosse Pointe 190 days after the grant of the franchise. Similarly. Teleprompter is constructing a cable television system in a cluster of suburbs of St. Louis. Missouri . We anticipate the official turn-on of that system in December. As I mentioned earlier, this hearing marks the second step of the process. The first step occurred on June 16. 1980, when three companies submitted cable com- munications, proposals to the Commission. By any measure, the proposals submitted 04 Abrams Remarks Page Three by the three companies would serve Eden Prairie and the other four communities very well . Our two competi tors, Canadian Cabl esystems and Storer Broadcasting Company, are both fine companies with distinguished records in cable communica- tions . Teleprompter believes that during the evaluation process, the tangible and intangible advantages of our proposal will become apparent. w� It is not may purpose tonight to compare the three proposals and dwel 1 on the special advantages of Teleprompter. Each proposal is three volumes and each contains over 1 .500 pages. The Southwest Commission has retained an independent consultant to aid in making meaningful evaluations. A comparison of two or three glossy charts at this time is misleading. Therefore, that will wait until the . one hour presentation before the Commission in September. Rather, my purpose is to briefly highlight Teleprompters proposal and answer any preliminary questions you may have. Teleprompter has designed a cable television system for Southwest Hennepin County which features "state of the art* technology. The subscriber network has the capability of providing subscribers with 52 downstream channels. Teleprompter has designed a practical and realistic institutional communications network to make available an extraordinary range of communication services to schools, libraries, public safety agencies and other institutions in Southwest Hennepin County. Teleprompter is proposing a hard-wire regional interconnection with existing and future cable television systems adjoining the five Southwest Hennepin County ss Abrams Remarks ` Page Four communities currently franchising which will ensure that the subscribers and t as institutions within Eden Prairie can receive all the communication benefits and opportunities available in the Twin Cities metropolitan area. a All three networks are protected with standby power and status monitoring. All three networks are fully interactive and will accommodate computer uses, data transmission and upstream video cablecasts. The system proposed by Teleprompter is designed to meet the communications needs - of the five Southwest communities. Very early in our ascertainment of community needs, it became apparent that each community has its own communications desires. Therefore, the system proposed by Teleprompter will allow for discrete cable- casting in each of the five communities. For example, residents in Edina and Richfield will be able to watch a basketball game between Edina West High School and Richfield High School while, at the same time and on the same cable channel , residents of Eden Prairie will be able to watch the regular session of the Eden Prairie City Council . This discrete narrowcasting capability within the now exist- ing municipal boundaries of the five Southwest communities will allow each commun- ity to maintain and enhance its individual identity. We have proposed a separate hub in each municipality. In effect, Eden Prairie can program 52 separate and distinct channels on the subscriber network and 35 separate and distinct uses of x • the institutional network from those in the other four communities. Teleprompter is the only company proposing this significant degree of discrete narrowcasting within each comunity. Our discrete narrowcasting capability will also allow for experimentation of future services in any one municipality before introducing the service throughout the entire system. At the same time, Eden Prairie benefits i from the economies of scale which joint franchising makes possible. Abrams Rema rk s Page F1 ve 41 One of the important elements of Teleprompter's proposal is odr local origination , j4 and access offering. Teleprompter Corporation has a distinguished history of s excellence in local origination and access programming. Teleprompter's local origination productions have Mon hundreds of awards, including 40 different r National Cable Television Association Awards, two Citations of Merit from the National Academy of Arts and Sciences, and a special Emmy. Teleprompter is committed to create in Eden Prairie a successful access and local origination program service which will make cable television an electronic show- place in the community. Teleprompter's ce , fitment to community programming is seen through the proposed equipment for local origination and access. A full color studio will be located at the main headend. A second full color studio is proposed to be located at the Southdal a Library. This studio will be for the exclusive use of access programmers. The studio at the Hennepin County Vocational School will also serve as an access point. In addition to two fixed studios. Teleprompter will provide the Southwest suburbs with a fully equipped studio van with a microwave link and a second studio van to allow for remote programming. The second van will be used exclusively for access production at remote locations and access editing at the hub sites. Finally. Teleprompter is proposing ten portable studios for access ase. Each of the four flubs and the headend will be used as portable studio pick-up and drop-off points. Teleprompter has designated close to 40 locations in Southwest Hennepin County as ti }: access points which will allow for live cable-casting without the need of the studio van with the microwave link. In designing our local origination and r '�r FL S c Abrams Remarks Page Si x access plan, we placed a premium on mobile equipment. This is essential in meeting the local communications needs of suburban areas. Fixed studios alone do not fill the needs of Eden Prairie. The creative use of each hub site as an access point and editing center when used with the mobile studio vans allows for efficient use of equipment and effective programming. Teleprompter's local programming effort will be buttressed by the creation of a Local Origination and Access Board (LOAB), to which Teleprompter will contribute x $25,000 for the first year of the franchise, and $50,000 per year throughout the remainder of the franchise. Teleprompter is the only company proposing the es- tablishment and company funding of an access board. The Board may use the annual endowment from Teleprompter to procure additional programming, produce programming, and for other communications-related activities . The Board will be instrumental in guiding Teleprompter in future programming de- cisions. Most importantly, Teleprompter will work with members of the Board to 4 coordinate the programming of its 25 local origination and access channels. The Local Origination and Access Board will consist of two people selected by the City Councils of each of the five Southwest Hennepin County communities. This will assure needed geographic balance and will provide for a cross-section of views of the residents of Southwest Hennepin County. Additionally, the ten board members from the municipalities will select five members from groups with communications expertise. community organizations and potential access and origi- nation users. "k wg Abrams Remarks Page Seven The decision which you face later this year is not an easy one. There are objec- tive factors which will guide your decision. Your consultant and the Southwest Commission will provide you with an ultimate recommendation based mainly upon those objective factors. There are also subjective factors which will , because of the very nature of the issue, also be part of the Commission's ultimate recoe- mMentation and your decision. The five Southwest communities are Inviting a com- pany to become a vibrant member of the area in a highly visible medium for the next fifteen years. Your decision must take into account what type neighbor and citizen the ultimate franchisee will be. Teleprompter has carefully designed a cable system to meet Eden Prairie's needs. We have done our homework. We know the area. We understand local concerns. Teleprompter asks for the opportunity to provide Eden Prairie with a cable communications system tailored to fit your t needs and which will serve as a community asset in the years to came.