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City Council - 12/16/1980 =r APPROVED EDEN PRAIRIE CITY COUNCIL MINUTES TUESDAY, DECEMBER 16, 1980 7:45 PM, CITY HALL COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt and Paul Redpath COUNCIL MEMBERS ABSENT: Sidney Pauly 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 added to the Consent Calendar: Request to advertise for ice resurfacing machine (zamboni ) as item V. L.J, and 2nd Reading of Ordinance Nn_ 80 28 rezoning from Rural to P uhl i c fnr Fden Prairie r'nmmuni tv Church as item V. M. The following item was removed from the reqular agenda and placed on the Consent Calendar as item V. N . Request for extension of Munici al Industrial Development Bond authorization for Eagle Drug to February 3, 1981 formerly item IX. B. . MOTION: Redpath moved, seconded by Edstrom, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of City Council Meeting held Tuesday, November 18. 1980 Pages 3 and 4, change "Noderhus" to "Norderhus"; page 4, strike "Murial" in the 2nd line, and insert in lieu thereof "Muriel " . MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the City Council meeting held Tuesday, November 18, 1980, as amended and published. Motion carried unanimously. B. Minutes of Special City Council Meeting held Tuesday, November 25 1980 MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the Special City Council Meeting held Tuesday, November 25, 1980, as published. Motion carried unanimously. III . AWARD BID FOR SALE OF $300,000.00 CERTIFICATES OF INDEBTEDNESS (Resolution No. 80-236 Bill Fahey, <�<'-t<«�'^ s & Associates, referred to the Bid Summary Sheet (attached as r part of minutes) , recommending the award of the bid to the low bidder, BANCNORTHWEST,. in the amount of $95,675.00 MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-236, awarding the bid to the low bidder, BANCNORTHWEST, in the amount of $95,675.00 for $300,000.00 Certificates of Indebtedness at a net interest rate of 8.9%. Motion carried unanimously. qq l.7 ty r,ounci i ni nuLeS - c 1 UPS . jL)Pcerijber l IV. AWARD BID FOR SALE OF $18,500,000.00 GENERAL OBLIGATION TAX INCREMENT BONDS , ` Resolution No. 80-237 MOTION: Osterholt moved, seconded by Edstrom, to table awarding bid for sale of $18,500,000.00 General Obligation Tax Increment Bonds. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to instruct staff to readvertise for bids if there is resolution of the lawsuit. Motion carried unanimously. V. CONSENT CALENDAR A. Clerk' s License List B. Set Public Hearing for Edenvale Apartments for January 20, 1981 C. Set Public Hearing for Fairway Woods Amendment for January 20, 1981 D. Set Public Hearing for Bentec Office for January 20, 1981 E. Petition for improvements on Sunn brook Road, I.C. 51 -381 (Resolution No. 80-235 F. Final plat approval for Dolejsi Addition (Resolution No. 80-233) G. Final plat approval for Bryant Lake View Addition (Resolution No. 80-232) H. 2nd Reading of Ordinance No. 80-32, approving the utility rate schedule for 1981 I. 2nd Reading of Ordinance No. 80-24, rezoning the 1st Phase of the Lake Idlewild Office Development by Land' Sake and developer's agreement J. Set date for lst Reading of Park Ordinance for February 3, 1981 K. Final plat approval for Prairie Lakes Business Park (Resolution No. 80-237) L. Request to advertise for ice resurfacing machine (zamboni ) M. 2nd Reading of Ordinance No. 80-28, rezoning from Rural to Public for Eden Prairie Community Church N. Request for extension of Municipal Industrial Development Bond authorization Tor Eag a bruii to February 3, 1981 (formerly item Ix. B. MOTION: Edstrom moved, seconded by Redpath, to approve items A - N on the Consent Calendar. Motion carried unanimously. VI. PUBLIC HEARINGS A. Cable TV Public Hearing (Ordinance No. 80-33) u --a.,n...1. Fw. ..,m... w +r.%". ,.rnararl statement noti na the Council will this � evening be considering the ordinance granting the franchise to Minnesota Cablesystems-Southwest, as recommended by the Southwest Suburban Cable Commission. City Manager er Ulstad read the title to Ordinance No. 80-33 as follows: An 4; ordinance, including addendum with exhibits, granting a franchise to Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership, to operate and maintain a Cable Communication System in the City; setting forth conditions accompanying the grant of franchise; providing for regulation, and use of the City Council Minutes - 3 Tues . ,December 1b , :au A. Cable TV Public Hearing (_continued) system; and prescribing penalties for the violation of its provisions. Ulstad further read into the record his prepared statement (attached as part of minutes), recommending the Council accept the recommendation of the Southwest Commission to award the franchise to Minnesota Cablesystems-Southwest, ' City Attorney Pauly requested that the records show that the two persons elected to the City Council whose terms will commence January, 1981 , Dr. George Tangen and Mr. George Bentley, are present at this hearing and have been since the beginning. City Attorney Rick Rosow read from a prepared statement (attached as part of minutes). Anita Benda , Cable Television Information Center (CTIC) of Washington, O.C. , hired as the consultant by the Southwest Suburban CATV Study Commission, appeared before the Council with their recommendation. (Ms. Benda `s comments attached as part of minutes) . Bill Craig appeared before the Council representing Minnesota Cablesystems- Southwest. (Wrtten comments attached as part of minutes as submitted by `< Mr. Craig) . Gary Gandrud and Ron Abrams, representing Teleprompter Corporation, and James Erickson, representing Northern Cablevision, appeared before the Council on behalf of their respective companies. Wayne P!)pham, legal counsel for Minnesota Cablesystems-Southviest, also made brief comments before the Council . MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-33, an ordinance, including addendum with exiiibits , granting a franchise to Minnesota Cablesystems-Southwest, a Minnesoi:i Limited Partnership, to operate and maintain a Cable Communication System n the City; setting forth conditions accompanying the grant of franchise; providi. i for regulation, and use of the system; and prescribing penalties for the vio tion of its provisions . Motion carried unanimously. Edstrom .:ongratulated each of the proponents for their presentations and for the mat - received in connection with this Public Hearing , and also the Southwe, Suburban Cable Commission representing the municipalities and the consulta: . Council members concurred, B. Liquor Lic, nse for Eden Prairie Steak Associates Jerry Goe, zn, representing Eden Prairie Steak Associates presently doing business Mr, Steak Restaurant, spoke to their request for a liquor license. Goeman ex�, +ained the serving age for waitresses is 18 years of age and presently 19 of 21 of his waitresses are 18 years of age or older. Goeman added they will have a service bar in the rear of the restaurant and there will be waitress Se?'V ice at the tahleSi f Redpath questioned with Mr. Steak being a family restaurant, how are they going to s�aitch it around, i .e. , advertising, etc? Goeman replied they will be advertising, however, they plan on maintaining a family image restaurant and it will be so stated on their sign. A children' s menu will be available at competitive prices like they are now, Osterholt - -ked if the name of the restaurant would be changed? Ul City Council Minutes - 4 - Tues. ,December 16, 1980 aPF B. Liquor License for Eden Prairie Steak gssOclgtes (continued) Goeman responded in the franchise agreement it states that no alcoholic beverages can be served at a Mr. Steak Restaurant and right now they have a verbal agreement Mr. Steak will release them from their franchise agreement, Therefore, their name will have to be changed. Penzel asked if Mr. Goeman had any time frame in mind as to when the converting would take place. Goeman replied it is based on the business from the time they convert to whenever they feel the demand and financing is there in order to be able to do it, Would guess two years at the earliest. Edstrom asked when they propose to change the name? Goeman responded if they receive approval this evening the license cannot be issued until after the 3rd of January. If approved they would shoot toward the first of February. There was no public conment to this request. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing . Motion carried unanimously. C. Public Hearing for vacating drainage and utilttZ easements , lots 4 and 10 block 15, Bluffs West (Resolution No, 80- 236 y City Engineer Jullie spoke to Resolution No, 80-236, recommending the Council consider adoption of same, t MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-236, vacating easements on Lots 9 and 10, Block 150 Bluffs West. Motion carried unanimously. D. Public Hearing for sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Drive Resolution No. 80-234 City Engineer Jullie spoke to Resolution No. 80-234, recommending the Council consider approval of the project for sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Drive. Jullie summarized the costs involved displaying the preliminary assessment roll for these improvements Jullie added if the Council chooses to proceed with the project, bids would j probably be awarded in March of this year, construction completed in mid-June, ► and then after work was completed a special assessment hearing would be held i wherein all final. project costs would be gathered to4ether to be presented at a formal public hearing. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 80-234, ordering improvements for I .C. 51-382, sanitary sewer and watermain laterals on Willow Creek Road and Flying Cloud Drive. Motion carried unanimously. VII. PAYMENT OF CLAIMS NOS. 4303 - 4500 f , MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos . i 4303 - 4500. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye" . Motion carried unanimously. 141 City Council Minutes - 5 - Tues. ,December 16, 1980 s VIII . REPORTS OF ADVISORY COMMISSIONS No reports. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Belvedere Interim Use Amendment by On-Belay, Inc. Request to change dental office interim use at 8480 Franlo Road to an adolescent treatment center to be called "Prairie House" . (continued from December 2, 1980) City Manager Uls tad explained at the last regular Council meeting of December 2, 1980, the Council requested that notices be sent to property owners in The Preserve area from Anderson Lakes Parkway north. About 300 notices were sent out making those residents aware of the request by On-Belay, Inc. Mr. Westerhaus, 8470 Franlo Road, asked what the plans are for sewer and water? City Engineer Jullie replied the proponents are proposing to construct a private system as there is no City sewer available for that parcel , and they would construct a septic tank/drainfield system. The City' s Chief Building Inspector Wally Johnson did review the parcel and indicated in a memo that it i was feasible to reconstruct the present system. Mr. Blesener, 8561 Franlo Road, stated 4 years ago the elderly lady that owns the property wanted to sell that property to have somebody build on it, and the City Council said "no" that they wouldn't allow any more cesspool septic tanks. Blesener asked how does the Council propose to have enough drainfield for 15 people when 4 years ago they turned down the request for one family? Penzel commented both he and Osterholt were on the Council at that time, and he doesn' t remember that question coming before the Council . It may have come to the attention of staff. Jullie added the building code does have a provision for the design of these systems with so many lineal feet of drainfield per bedroom and floor area, and there is a way of testing the soil (percolation tests) that determines what the length of the drainfield has to be and that would be the criteria applied by Mr. Johnson in issuing the building permit. If they can' t meet these tests, then the permit would be withheld. . Penzel noted the present ordinance does not permit rezoning of property for residential uses if it is an unsewered area, except when the properties are larger than 5 acres per unit. This situation is somewhat different because no zoning request is involved. The question regarding sewer and water has been answered as well as it can be at this point, i .e. , Mr. Johnson has found in his estimation it is feasible to reconstruct it on the property and that would be borne out upon application for permit by adequate percolation tests. If those percolation tests should be negative, then the permit would be denied and the whole request would be shelved because without the necessary sewer or drainage that use could not occur there. The Council is also considering the feasibility of this kind of use in this situation, i .e. , the effect on the neighborhood, etc. Osterholt added he has a problem with an interim use becoming another interim use. Westerhaus stated he has strong feelings in favor of the On-Belay program, however, is against the area they want to put it in. Edstrom asked if Mr. Johnson had any discussions with the neighbors regarding the drainfield. Westerhaus replied not to his knowledge. 4� City Council Minutes - 6 - Tues. ,December 16, 1980 A. Belvedere Interim Use Amendment (continued) John Curran, Executive Director of On-Belay Corporation explained they don ' t want to put in a sewer system that won' t work in their �uilding for their business because they won' t be able to use the building, and don't want people to be in a position where the water is contaminated. Their request to the Council;; is if they have to put out some more money to come up with percolation tests and design for the sewer system and then if they are going to get the interim use voted down for another reason, it is not a good investment on their part. Curran added the Planning Commission approved the concept and the use of the building contingent upon their obtaining City permit approval for the proper sewer system. If the Council is going to take some action, it would make it easier for them to make their decisisons :f they knew which way it was going to go, and then if the sewer system didn' t work they would just scrap that site and the interim use. Penzel commented it is fair to say that the concern has existed previously on the part of various Council members about the interim use question and it is not a very satisfactory solution and he does not expect that concern to go away. Penzel stated he shares the concern about the interim use even if he assumed the sewer situation could be resolved 100%, while at the same time recognizing the need and desirability for this kind of service. City Attorney Pauly explained our zoning ordinance doesn' t provide for the interim use provision. You take a piece of property like this that is zoned rural and it has certain requirements and certain performance standards. The Board of Appeals & Adjustments and the Council can waive those performance standards and grant a variance, and you can attach conditions to them, i .e. , setbacks, etc. However, when you get into an actual use problem there really isn' t any authority to grant a waiver and in effect under the statute it says the Board of Appeals cannot grant a waiver as to the specific use. The way to go about this is to consider revision of the zoning ordinance to provide an appropriate category in an appropriate zone for these kinds of purposes. Penzel asked if the Council were of a mind to amend the ordinance to make a provision for that kind of use, how long would it take to draw up the necessary verbiage? Pauly replied if we could arrive at the proper zone or the proper area to be applied, the drafting of the language would not be that cumbersome - could probably have it drafted by the January 20th Council meeting. Penzel commented once the language is drafted a public hearing would have to held. Bob Dunbar, 11270 Lanewood Circle, stated in the case of the Muriel Humphrey residences all the facilities were constructed with a good deal of attention paid to the various facilities from the ground up which differs from this request. Council assured Mr. Curran they would like to see this type of program within Eden Prairie and feel it is needed. Current explained it is difficult to find somebody who wants to use their land for this type of purpose who has either the land or the building available for this kind of use, and then who can obtain financing or assist them in obtaining financing. It is difficult to find these kinds of spots. MOTION: Edstrom moved, seconded by Redpath, to request staff to report on the septic tank problem, that percolation tests be taken, and instruct City Attorney Pauly to draft wording as an amendment to the zoning ordinance for interim uses , to be continued to the January 20? 1981 meeting, Mgtion carrJed unanimously, �l9 City Council Minutes - 7 - Tues. ,December 16, 1980 e B. Request for extension of Municipal Industrial Development Bond authorization_ for Eagle Drug to February 3, 1981 { This item was moved to the Consent Calendar (item V. N. ). X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Mayor Penzel reminded the Council on January 6th they will be considering one appointment to the Planning Commission and two appointments to the Parks, Recreation & Natural Resources Commission to fill unexpired terms. B. Report of City Attorney 1. Contract for Deed and Option Agreement for purchase of land for City Buildings City Attorney Pauly spoke to the terms in the contract for deed and the option agreement between Prairie West Partners and the City of Eden Prairie to purchase land .adjacent to the City Hall . f MOTION: Redpath moved, seconded by Osterholt, to authorize the signatures on the contract for deed and the option agreement between the City of Eden Prairie and Prairie West Partners as outlined by City Attorney Pauly. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye". Motion ti carried unanimously. C. Report of City Manager a 1. Scoreboard for Community Center City Manager Ulstad displayed the new design of the scoreboard for the Community Center and asked if the Council approved of same. Council so . approved. D. Report of Finance Director b 1. Resolution No. 80-238, amending the 1980 City Budget S MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-238, amending the 1980 City Budget. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye". Motion carried unanimously. XI. NEW BUSINESS On behalf of the Council , Mayor Penzel thanked Councilman Osterholt for his many years of faithful service to the community. and also Councilwoman Pauly who is absent this evening because she is serving on jury duty. XII. ADJOURNMENT $ MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 10:48 PM. Motion carried unanimously. sv STATEMENT OF ANITA BENDA FOR FRANCHISE ORDINANCE HEARINGS oen My name is Anita Benda. The Cable Television Information Center (CTIC) of Washington, D .C . , was hired by the Southwest Suburban CATV Study Commission to assist it and the five cities which are members of the Commission to develop a document soliciting applications for the franchises (Invitation for Applications) ( "IFA" ) , and to evaluate all applications re- ceived . I have an ongoing contract with CTIC to perform work in this metropolitan area on its behalf , and was assigned by CTIC to guide the Commission in its policy decisions , and to serve as a local coordinator for the process, working with the Commission and its executive committee . I was - responsible for writing the IFA and part of the evaluations reports . As you know, three (' companies submitted applications : Minnesota Cablesys-ems -- Southwest , Northern Cablevision , Inc . and Teleprompter of Southwest Hennepin County Inc. In the course of evaluating the proposals submitted, CTIC described and compared the applications in many different areas , including ownership structures , financial ability to con- struct •the system, technical and engineering plans, and the proposed services and rates_. The evaluation compared what each applicant proposed in relation to the required and desired system design, operation , construction and services that were outlined in the 'IFA. The evaluation report was presented in two parts : a preli- minary report, which described, compared and analyzed the proposals, and posed questions requesting clarifications from all applicants; h Page Two and a final report commenting on the clarifications presented, and stating our final conclusions and rankings of the applicants in the several areas . As part of the evaluation, CTIC and I re- commended to the Commission that it seek information on the past performance of the applicants in the cities -they serve. Results of a performance check conducted by city staff members were made available in October . My purpose this evening is not to review CTIC ' s entire evaluation, but to address five areas that are referenced in the ordinance you have before you: technical ability, financial con- dition, legal qualifications , character, and construction and operating plans of the applicant recommended to you by the Commi sion , Minnesota Cablesystems -- Southwest . I understand that this city and each city conducted hearings in August, during which these areas were considered for each of the three applicants . The7 hearings also allowed each applicant to address the councils regarding its proposal TECHNICAL ABILITY After a thorough consideration of such elements of the engineering and technical plans as channel capacity, system perfor- mance , and system reliability , maintenance and repair , CTIC' s final report, based on the strength and weaknesses of the three proposals, -ranked Minnesota Cablesystems -- Southwest over the other two appli- cants . r a n :. Page Three )' FINANCIAL CONDITION Minnesota Cablesystems -- Southwest has presented evidence that through its own means and its general partner it has the capital commitment and bank financing to meet its financial commitment for the southwest project of $22 , 500, 000 capital investment over the first three years of the franchise . LEGAL QUALIFICATIONS The IFA stated that "evidence must be presented to assure the cities that the applicant complies with the applicable rules , regulations and statutes of the FCC, the State of Minnesota, and the :Minnesota Cable Communications Board regarding ownership and control of regulated franchises and business . " Information submitted indicates Minnesota Cablesystems -- Southwest has complied with the FCC and State Board rules . In its application, Minnesota Cablesystems -- Southwest states that if any part of its application did not comply with the standards , the minimum acceptable standards or requirements imposed in law or rule will supersede that part of the application with which the law or rule conflicts , i and will be binding on the company . CHARACTER QUALIFICATIONS Each applicant submitted information regarding its general character . In response to specific questions in the IFA, Minnesota Cablesystems -- Southwest indicated that neither it nor any parent corporation or principal had been convicted of, a criminal offense such as fraud, bribery, false or misleading Page Four advertising, or violation of FCC regulations, nor has it or any parent corporation or principal had any business licenses revoked. Minnesota Cablesystems -- Southwest stated neither it nor any parent corporation or principal. has been found to . be in violation of any existing franchise agreements . The performance record of the parents corporations of Minnesota Cablesystems -- Southwest as shown by the staff report reflects that they fulfill their commitments in -the cities served and that there were no service problems in its existing operations _ CONSTRUCTION AND OPERATING PLANS Minnesota Cablesystems - Southwest provided details of its construction and operating plans , which werec•evaluated in CTIC ' s reports . In general, Minnesota Cablesystems Southwest ` s plans were found to be adequate and feasible. 74 7 ,.. -�, .`n v^ :». .r'. S., '-, .. �y4 �,ttM�"iT:,� wr.✓+,,sn,+'yT``"x,..$`'x,.�, .,R� iv_�.��, � .sa?�;5.:'��' COMMENTS FROM BILL CRAIG FOR PUBLIC HEARINGS This has been a great process. The Southwest Cable. Commis- sion is to be commended for its integrity in doing exactly what it said it would. That is -- conduct a process to franchise the communities of Eden Prairie, Hopkins , Richfield and Minnetonka, and, in addition, to stay within a schedule reasonable to the task. We found it to be an exhaustive process with ample opportunity for input from the Minnesota Cable Communications Board, the five member cities , the cable industry, the applicants and most importantly the public . It was a process which provided the communities with sufficient information upon which to base its decision. We want you to know that all commitments made by Minnesota Cablesystems to the Southwest Suburban Cable Commission during this process run to i the five member cities as well . The City Council of Eden Prairie is also to be commended for following the process and its careful consideration of the proposals and careful attention to all public hearings on the cable matter. The Southwest process has received national acclaim and will be used as a model for cable franchising for years to come. I will keep my remarks brief tonight. But I would like to comment on the technical ability, financial consideration, legal qualifications and character of Minnesota Cablesystems and the adequacy and feasibility of our plans for constructing and operating. our system. 1 . Technical Ability. CTIC, the consultant for the f Southwest Suburban Cable Commission, ranked our proposal first l overall in their engineering and technical analysis . The other two companies were clearly ranked lower. This is consistent with our long track record of technical excellence . We were the first major cable operator to establish a separate engineering unit within our company and Cablesystems Engineering remains an integral part of our company. 2 . Financial Condition. The parent company of Minnesota Cablesystems is the largest cable company in the world with over 1. 3 million subscribers . It is a financially conservative company r with the lowest debt per present subscriber ratio of the three applicants -- this and a substantial cash flow put us in a strong position to meet our commitments . Our proposal contains commitments from financial institutions to more than adequately finance the construction of the system. 3 . Legal Qualifications . Minnesota Cablesystems, in its proposal, complies with all the applicable rules , regulations and statutes of the FCC, the State of Minnesota and the Minnesota Cable Communications Board and our proposal is in compliance and conform- ance with the Invitation for Applications . 4 . Character of Minnesota Cablesystems . Our parent company has by far the longest cable track record of the applicants -- it reaches back to 1952 . A review of the cable applicant track records done by the staff of the Southwest Suburban Cable Commission clearly indicates to as a superior track record for the companies affiliated with our parent company. 5 . Adequacy and Feasibility of Our Plans for Construction f t and Operating Our System. Cablesystems engineering has designed a state of the art cable system for the Southwest Suburbs. Based on -2_ r i, our nearly 30 years experience in the cable television business , we feed confident that our plans for constructing and operating this system are not only adequate and feasible but ensure a system of unsurpassed quality . Minnesota Cablesystems will cable the largest a area, serve the most homes , and perhaps most importantly, construct this system within 18 months of confirmation by the Minnesota State Cable Board. Minnesota Cablesystems has the most tiers and the most pay TV services. Our rates are fair and competitive, in fact, CTIC (the Commission' s independent consultant) stated that "For those who believe that the cost for all services should be used as the criterion, then it appears that Minnesota Cablesystems has the lowest projected cost to the subscriber. " Additionally, our community access commitment was judged clearly superior by CTIC. In conclusion, it has been a spirited competition and the citizens of Eden Prairie will be the beneficiaries . We feel that this competition has established that one company, Minnesota Cable- systems , is best qualified to serve Eden Prairie. Minnesota Cable- systems is delighted that the five Southwest Suburban School's have affirmed this in their judgment statement of preference for our application. The SWSCC in its findings stated that although an exact comparison of the proposals of the applicants is not possible and that although there may be varying judgments as to the merits of . the proposals based on all the evidence and consideration involved, it was their judgment that Minnesota Cablesystems has the best proposal and that a cable communications system franchise should be awarded to Minnesota Cablesystems by each of its member cities . We take pride in the findings of the Southwest Suburban Cable Commission that we are the superior applicant. We feel it is consistent with the CTIC ' s preliminary and final reports, the Southwest Suburban Cable Commission staff' s track record research and the preference of the Southwest Suburban Schools which ranked us highest. We hope the city will follow the findings of the Commission. if you have any questions, we will be pleased to answer them. -4 ! .w a�.Yr K,t 7-�i� r`,-ii z��s�3 ` .'�i,✓1"n �f�;c i 1v�" 'r. __ _. _ •__ _� ._. .. _.�.._ �. _....�.,R�.r�. :g z t,.ry r s�:..; z ..= �^rc"�,tY ^fi^�' �--kr �'r-" . �"V�.