HomeMy WebLinkAbout10-26-15-RAPPROVAL OF AGENDA
PUBLIC INQUIRIES/INFORMATIONAL
Public inquiries/informational is an opportunity for citizens to bring to the Council ’s
attention any items not currently on the agenda. In addressing the Council, please
state your name and address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for each person wishing to
address the Council, we ask that individuals limit their comments to three (3) minutes.
Written documents may be distributed to the Council prior to the meeting, or as bench
copies, to allow a more timely presentation.
PUBLIC PRESENTATIONS
Proclamation In Recognition Of Sue Schroeder, Former Communications
Committee Member
Mayor Grant
MEMO.PDF, ATTACHMENT.PDF
STAFF COMMENTS
Rice Creek Commons (TCAAP) Update
Jill Hutmacher, Community Development Director
MEMO.PDF
Transportation Update
John Anderson, Acting Public Works Director
MEMO.PDF
APPROVAL OF MINUTES
Draft Minutes
October 12, 2015 Regular City Council
10 -12 -15 -R.PDF
CONSENT CALENDAR
Those items listed under the Consent Calendar are considered to be routine by the
City Council and will be enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items, unless a Councilmember so
requests, in which event, the item will be removed from the general order of business
and considered separately in its normal sequence on the agenda.
Claims And Payroll
Sue Iverson, Director of Finance and Administrative Services
Ashley Bertrand, Accounting Analyst
MEMO.PDF
2015 Sanitary Sewer Lining Pay Estimate #1
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF
Arden Plaza Planned Unit Development Agreement - Fourth Amendment -
Hemisphere Restaurant Partners
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF
3rd Quarter Financials
Dave Perrault, Finance Analyst
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Parks, Trails And Recreation Committee (PTRC) Appointments
l PTRC Members Josh Bloyer and Keri Bloyer
l PTRC Chair
Sara Grant, Parks and Recreation Coordinator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
MEMO2.PDF, ATTACHMENT A2.PDF
Resolution 2015 -045 Accepting The Liability Coverage Limits From The League Of
Minnesota Cities Insurance Trust (LMCIT) For 2016
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Vacant
Regular City Council
Agenda
October 26, 2015
7:00 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long -standing tradition as a desirable City in which to live, work, and play.
CALL TO ORDER
1.
2.
3.
3.A.
Documents:
4.
4.A.
Documents:
4.B.
Documents:
5.
5.A.
Documents:
6.
6.A.
Documents:
6.B.
Documents:
6.C.
Documents:
6.D.
Documents:
6.E.
Documents:
6.F.
Documents:
7.
8.
8.A.
Documents:
9.
10.
11.
APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.PUBLIC PRESENTATIONSProclamation In Recognition Of Sue Schroeder, Former Communications Committee MemberMayor Grant MEMO.PDF, ATTACHMENT.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDF
APPROVAL OF MINUTES
Draft Minutes
October 12, 2015 Regular City Council
10 -12 -15 -R.PDF
CONSENT CALENDAR
Those items listed under the Consent Calendar are considered to be routine by the
City Council and will be enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items, unless a Councilmember so
requests, in which event, the item will be removed from the general order of business
and considered separately in its normal sequence on the agenda.
Claims And Payroll
Sue Iverson, Director of Finance and Administrative Services
Ashley Bertrand, Accounting Analyst
MEMO.PDF
2015 Sanitary Sewer Lining Pay Estimate #1
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF
Arden Plaza Planned Unit Development Agreement - Fourth Amendment -
Hemisphere Restaurant Partners
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF
3rd Quarter Financials
Dave Perrault, Finance Analyst
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Parks, Trails And Recreation Committee (PTRC) Appointments
l PTRC Members Josh Bloyer and Keri Bloyer
l PTRC Chair
Sara Grant, Parks and Recreation Coordinator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
MEMO2.PDF, ATTACHMENT A2.PDF
Resolution 2015 -045 Accepting The Liability Coverage Limits From The League Of
Minnesota Cities Insurance Trust (LMCIT) For 2016
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungVacant Regular City Council Agenda October 26, 20157:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:
5.
5.A.
Documents:
6.
6.A.
Documents:
6.B.
Documents:
6.C.
Documents:
6.D.
Documents:
6.E.
Documents:
6.F.
Documents:
7.
8.
8.A.
Documents:
9.
10.
11.
APPROVAL OF AGENDAPUBLIC INQUIRIES/INFORMATIONALPublic inquiries/informational is an opportunity for citizens to bring to the Council ’s attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation.PUBLIC PRESENTATIONSProclamation In Recognition Of Sue Schroeder, Former Communications Committee MemberMayor Grant MEMO.PDF, ATTACHMENT.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTESDraft MinutesOctober 12, 2015 Regular City Council 10 -12 -15 -R.PDFCONSENT CALENDARThose items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda.Claims And PayrollSue Iverson, Director of Finance and Administrative ServicesAshley Bertrand, Accounting Analyst MEMO.PDF2015 Sanitary Sewer Lining Pay Estimate #1John Anderson, Acting Public Works Director MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDFArden Plaza Planned Unit Development Agreement - Fourth Amendment -Hemisphere Restaurant PartnersMatthew Bachler, Associate PlannerMEMO.PDF, ATTACHMENT A.PDF3rd Quarter FinancialsDave Perrault, Finance AnalystMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDFParks, Trails And Recreation Committee (PTRC) AppointmentslPTRC Members Josh Bloyer and Keri Bloyer l PTRC Chair Sara Grant, Parks and Recreation CoordinatorMEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, MEMO2.PDF, ATTACHMENT A2.PDFResolution 2015 -045 Accepting The Liability Coverage Limits From The League Of Minnesota Cities Insurance Trust (LMCIT) For 2016
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF
PULLED CONSENT ITEMS
Those items that are pulled from the Consent Calendar will be removed from the
general order of business and considered separately in its normal sequence on the
agenda.
PUBLIC HEARINGS
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator and Director of Finance and
Administrative Services
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungVacant Regular City Council Agenda October 26, 20157:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.2.3.3.A.Documents:4.4.A.Documents:4.B.Documents:5.5.A.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.
Documents:
7.
8.
8.A.
Documents:
9.
10.
11.
Page 1 of 1
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Mayor Grant
SUBJECT: Proclamation in Recognition of Sue Schroeder, Former Communications
Committee Member
Background/Discussion
Attached for your review is a Proclamation in recognition of Sue Schroeder, former
Communications Committee Member.
Attachment
Attachment A: Proclamation for Sue Schroeder, former Communications Committee Member
PUBLIC PRESENTATION – 3A
MEMORANDUM
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Page 1 of 1
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Jill Hutmacher, Community Development Director
SUBJECT: Rice Creek Commons (TCAAP) Update
The Metropolitan Council Community Development Committee reviewed the TCAAP
Comprehensive Plan Amendment (CPA) on October 19, 2015. The Committee unanimously
recommended that the Metropolitan Council approve the CPA at its meeting on October 28,
2015. The 60-day review period for the Metropolitan Council expires on November 1, 2015.
STAFF COMMENTS – 4A
MEMORANDUM
Page 1 of 1
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: John Anderson, Acting Public Works Director
SUBJECT: Transportation Update
Background
A brief oral update will be provided at the meeting regarding road construction/transportation in
the City of Arden Hills.
STAFF COMMENTS – 4B
MEMORANDUM
Approved:
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
OCTOBER 12, 2015
7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular
City Council meeting at 7:00 p.m. Mayor Grant declared it a non-holiday in order for the
Council to conduct business.
Mayor Grant stated that it was with deep regret that he needed to make the announcement
to the public of the passing of Councilmember Robert Woodburn. He explained that
Councilmember Woodburn passed away on Friday, October 2, 2015, after complications
from a recent automobile accident. His thoughts and prayers are with the entire
Woodburn family.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, and
Dave McClung
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative
Services Sue Iverson; Community Development Director Jill Hutmacher; Acting Public
Works Director John Anderson; and City Clerk Amy Dietl
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Councilmember Holmes requested that Item 3A be pulled from the agenda and addressed at the
October 26, 2015, City Council meeting.
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the meeting agenda as amended. The motion carried
unanimously (4-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
None.
3. PUBLIC PRESENTATIONS
ARDEN HILLS CITY COUNCIL – OCTOBER 12, 2015 2
A. Proclamation in Recognition of Sue Schroeder, Former Communications
Committee Member
This item was pulled from the agenda and will be addressed on October 26, 2015.
4. STAFF COMMENTS
A. Rice Creek Commons (TCAAP) Update
Community Development Director Hutmacher stated that the Metropolitan Council has
notified the City that its application for the TCAAP Comprehensive Plan Amendment (CPA) is
complete. The TCAAP CPA will be reviewed by the Community Development Committee on
October 19, 2015, and considered for approval by the Metropolitan Council on October 28, 2015.
The 60-day review period for the Metropolitan Council expires on November 1, 2015.
B. Joint Development Authority Update
Community Development Director Hutmacher stated that the TCAAP Joint Development
Authority met on Monday, October 5, 2015. JDA Attorney Mike Norton presented information on
the quasi-judicial authority of the JDA and the procedures and standards required for that
authority under Minnesota law. The presentation was part of ongoing discussions on JDA
governance. Heather Worthington, JDA Administrative Director, provided an update on site
activities. She noted that site remediation will be complete by the end of October. The County is
moving forward with the purchase of the primer-tracer property for a solar array project, and the
County Board will consider a Memorandum of Understanding with Xcel Energy at an upcoming
meeting. Bids for the reconstruction of the County Road H interchange, including the Rice Creek
remeander, are due in late October.
C. Transportation Update
Acting Public Works Director Anderson reported that the I-35W/County Road 96 bridge deck
will be poured this week. He explained that County Road 96 will be closed beginning on October
21, 2015, for signal work and anticipated that the roadway will be open for traffic in early
November.
Acting Public Works Director Anderson stated that the deck for the County Road F bridge will
be poured this week. He indicated that it is anticipated that the bridge will be open for traffic in
early November. The City’s trail work will continue in tandem with the bridge.
Acting Public Works Director Anderson indicated that Phase III of the City’s PMP project was
curbed last week and will be paved later this week. Landscape work will be completed in the
coming weeks. Lake Lane is scheduled to be curbed at the end of this week.
Acting Public Works Director Anderson explained that the County would be completing some
utility work at the intersection of Lexington Avenue and County Road F this fall and the road
work would begin in the spring of 2016.
ARDEN HILLS CITY COUNCIL – OCTOBER 12, 2015 3
Councilmember Holmes commented that she spoke with Robert Wentzel at the recent State of
the City event and reported that Mr. Wentzel thanked the City for addressing all of his concerns.
5. APPROVAL OF MINUTES
A. September 14, 2015, Regular City Council
B. September 21, 2015, City Council Work Session
C. September 28, 2015, Regular City Council
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the September 14, 2015, regular City Council meeting
minutes, September 21, 2015, City Council work session minutes; and
September 28, 2015, regular City Council meeting minutes as presented. The
motion carried unanimously (4-0).
6. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Approve 2015 Pavement Management Program (PMP) Pay Estimate #5
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously (4-0).
7. PULLED CONSENT ITEMS
None.
8. PUBLIC HEARINGS
A. Rice Creek Commons (TCAAP) Development Discussion Opportunity for
Residents
Mayor Grant stated that under the public hearing section, citizens have an opportunity to discuss
ideas regarding the Rice Creek Commons (TCAAP) development.
Mayor Grant opened the public hearing at 7:14 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 7:15 p.m.
9. NEW BUSINESS
A. Advertise for Council Vacancy
Acting City Administrator Iverson stated that due to the unexpected passing of Councilmember
Robert Woodburn on October 2, 2015, a vacancy now exists on the City Council. This vacancy
will need to be filled by Council appointment until an election is held. She indicated that since
ARDEN HILLS CITY COUNCIL – OCTOBER 12, 2015 4
more than two years remain in the unexpired term, a special election will need to be held at the
next regular City election. The appointed person shall serve until the qualification of a successor
is elected at a special election to fill the unexpired portion of the term. Staff recommended that
the Council adopt a resolution declaring the vacancy.
Councilmember Holmes asked when the special election would be held.
Acting City Administrator Iverson reported that the special election for the open Council
position would be held in November of 2016.
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to adopt Resolution #2015-045 – Declaring a Vacancy of the City
Council.
Councilmember Holmes asked when the Council would be making an appointment for this
position.
Mayor Grant commented that the Council will be discussing the open position at its next work
session and that he felt it would be a good idea to use the Arden Hills Notes, the City’s website,
and the Bulletin to publicize the vacancy.
The motion carried (4-0).
10. UNFINISHED BUSINESS
None.
11. COUNCIL COMMENTS
Councilmember Holmes reported that she has received a number of comments regarding the
temporary stop signs at the intersection of County Road E2 and Snelling Avenue. She believed
that residents wanted these stop signs to remain in place. She noted that she contacted Jim Tolaas
at Ramsey County and he reported that the County would be completing a study to see if the stop
signs could remain in place.
Councilmember Holden requested an I & I update from staff.
Councilmember Holden stated that she was receiving complaints from local business owners
located near the Red Fox Road and Lexington Avenue intersection due to signal and traffic
delays. She was in favor of discussing this intersection and the signals at a future meeting.
Councilmember McClung was in favor of having Jim Tolaas address this matter with the City
Council.
Councilmember McClung commented that he received an email from the Fire Chief regarding a
structure fire at a group home in a member City. He discussed the quick action that was taken by
the duty crew to manage the situation.
ARDEN HILLS CITY COUNCIL – OCTOBER 12, 2015 5
Councilmember McClung extended his condolences to the Woodburn family. He thanked
former Mayor Woodburn for his years of dedicated service to the City of Arden Hills.
Mayor Grant sent his condolences to the Robert Woodburn family as well. He appreciated
Councilmember Woodburn’s service to the community and stated that he will truly be missed.
ADJOURN
MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to
adjourn. The motion carried unanimously (4-0).
Mayor Grant adjourned the regular City Council meeting at 7:28 p.m.
__________________________ __________________________
Amy Dietl David Grant
City Clerk Mayor
Page 1 of 1
DATE: October 12, 2015
TO: Honorable Mayor and City Council Members
Patrick Klaers, City Administrator
FROM: Sue Iverson, Director of Finance and Administrative Services,
Ashley Bertrand, Accounting Analyst
SUBJECT: Claims & Payroll
Requested Action:
1. Motion to Approve Consent Agenda Item – Claims and Payroll
Supporting Documents:
Payroll
2015 Payroll #21 .................................................................................... $ 100,499.55
Total Payroll $ 100,499.55
Accounts Payable Claims Through 10/09/2015
Paid Claims (Check No 45076-Check No 45095) ................................. $ 68,322.72
Paid Claims (Check No 45096-Check No 45097) ................................. $ 43,138.65
Total Accounts Payable $ 111,461.37
Total Claims $ 211,960.92
CONSENT ITEM - 6A
MEMORANDUM
CITY OF ARDEN HILLS
PAYROLL # 21
CHECKS DATED: 10/09/15
Biweekly: 09/19/15 - 10/02/15
EMPLOYEE DEDUCTIONS AMT.Payment Method
FIT 7,164.75 EFT
SIT 2,807.56 EFT
FICA Oasdi 4,235.44 EFT
FICA Medicare 990.55 EFT
TOTAL TAXES 15,198.30
Health Premium 2,424.63 A/P Check*
Dental Premium A/P Check*
FSA Health Care Reimb.208.33 A/P Check*
FSA Dependent Care Reimb.370.83 A/P Check*
TOTAL FLEXIBLE SPENDING 3,003.79
HSA Health Saving 622.49
Health Care Savings Plan EFT
Health Care Savings Plan-2%253.92 EFT
Health Care Savings Plan-4%166.28 EFT
TOTAL HEALTH SAVINGS 1,042.69
PERA 4,248.44 EFT
ICMA 2,307.16 EFT
Central Pension Fund-Union 614.40 A/P Check*
MN State Retirement System 459.79 EFT
TOTAL RETIREMENT 7,629.79
IUOE 49 Dues (Union)134.00 A/P Check*
LTD/STD Insurance 1,289.15 A/P Check*
PERA Life Insurance 32.00 A/P Check*
5,260.16
2,135.21
2,135.21
4,902.02
358.14
14,382.16
1,194.66
15,576.82
CITY BENEFIT
4,235.44
990.55
5,225.99
PERA Life Insurance 32.00 A/P Check
Life/Addl/Dep Life 116.75 A/P Check*
Public Employee Long Term Care 93.72 A/P Check*
UNUM 42.55 A/P Check*
AFLAC 199.56 EFT
Avesis-Vision Care 5.43 A/P Check*
TOTAL VOLUNTARY 1,913.16
Total Employee Deductions 28,787.73
Net Payroll 0.00
Direct Deposit 43,413.63 EFT
Gross Payroll Tie-Out 72,201.36
STD/LTD Gross - Up 0.00
Plus City Paid Benefit 28,298.19
ICMA Benefit Held 0.00
TOTAL PAYROLL COST 100,499.55
FICA TIE-OUT
Gross Payroll 72,201.36
Less Total FSA 3,003.79
Plus Employer Match ICMA 0.00
Plus ICMA Benefit Held 0.00
Net P/R Subject to FICA 69,197.57
FICA Oasdi @ 6.20%4,235.44
FICA Medicare @ 1.45%990.55
Note: Federal and State Payroll Tax obligations are satisfied by means
of utilizing the "Taxtel" Electronic Tax Deposit Service. Trans-
fers are typically made two business days after the payroll date.
* A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report.
Checks may be paid this week or the following week.
100.01
100.01
Accounts Payable
User:
Printed:
ashley.bertrand
10/8/2015 2:22 PM
Checks by Date - Detail by Check Date
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
0320 Health Partners 10/02/2015ACH
61349039 October 2015 Dental Insurance October 2015 Dental Insurance 1,237.19
1,237.19Total for this ACH Check for Vendor 0320:
0382 ICMA Retirement Trust - 106944 10/02/2015ACH
PR Batch 00200.09.2015 ICMA Employer Percent 401PR Batch 00200.09.2015 ICMA Employer Percent 401 358.14
PR Batch 00200.09.2015 ICMA Employee Percent 401PR Batch 00200.09.2015 ICMA Employee Percent 401 310.39
668.53Total for this ACH Check for Vendor 0382:
0387 ICMA Retirement Trust- #302482 10/02/2015ACH
PR Batch 00200.09.2015 ICMA Employee DeductionPR Batch 00200.09.2015 ICMA Employee Deduction 1,468.08
PR Batch 00200.09.2015 ICMA Employee PercentPR Batch 00200.09.2015 ICMA Employee Percent 546.12
2,014.20Total for this ACH Check for Vendor 0387:
0750 Verizon Wireless 10/02/2015ACH
9751900800 August/September 2015 Cell Phone Charges August/September 2015 Cell Phone Charges 120.06
9752111596 August/September 2015 Cell Phone Charges August/September 2015 Cell Phone Charges 925.05
1,045.11Total for this ACH Check for Vendor 0750:
0761 Electric Pump, Inc 10/02/2015ACH
0056111-IN Lift Station Parts Lift Station Parts 677.85
677.85Total for this ACH Check for Vendor 0761:
1001 Sprint/Nextel Communications 10/02/2015ACH
196110738-028 August-September 2015 Phone Bill August-September 2015 Phone Bill 169.09
169.09Total for this ACH Check for Vendor 1001:
1041 Aaron Thelen 10/02/2015ACH
09182015-AT 9/8-9/15 Mileage Reimbursement 9/8-9/15 Mileage Reimbursement 7.84
7.84Total for this ACH Check for Vendor 1041:
1110 Pitney Bowes 10/02/2015ACH
09232015-PB September 2015 Postage September 2015 Postage 19.99
09232015-PB September 2015 Postage September 2015 Postage 605.36
625.35Total for this ACH Check for Vendor 1110:
1408 Supply Solutions 10/02/2015ACH
7234 City Hall Supplies City Hall Supplies 43.00
43.00Total for this ACH Check for Vendor 1408:
5596 Jamar Company 10/02/2015ACH
395366 PW Parts PW Parts 16.00
395463 PW Parts 121.00
Page 1AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
395527 PW Parts PW Parts 720.00
857.00Total for this ACH Check for Vendor 5596:
5648 Matthew Bachler 10/02/2015ACH
09212015-MB July-September 2015 Mileage Reimbursement July-September 2015 Mileage Reimbursement 26.91
26.91Total for this ACH Check for Vendor 5648:
6060 Batteries Plus 10/02/2015ACH
028-445899 PW Parts PW Parts 141.95
141.95Total for this ACH Check for Vendor 6060:
ALPI Allegra Print & Imaging 10/02/2015ACH
145189 State of the City Post Card State of the City Post Card 256.98
256.98Total for this ACH Check for Vendor ALPI:
HANSJ Julie Hanson 10/02/2015ACH
09252015-JH 9/24 Mileage Reimbursement 9/24 Mileage Reimbursement 13.17
13.17Total for this ACH Check for Vendor HANSJ:
0600 315800-NCPERS Minnesota 10/02/201545098
31581015 September 2015 Payroll Deductions September 2015 Payroll Deductions 64.00
64.00Total for Check Number 45098:
UB*00138 Clifford & Ione Aamoth 10/02/201545099
Refund Check 97.63
97.63Total for Check Number 45099:
8371 Alliant Engineering, Inc 10/02/201545100
PC15-003 PC 15-003 Escrow Release PC 15-003 Escrow Release 560.00
560.00Total for Check Number 45100:
0131 Beisswenger's How-To Store 10/02/201545101
634498 PW Parts PW Parts 20.06
635041 PW Parts PW Parts 37.59
637819 PW Parts PW Parts 19.36
639903 PW Parts PW Parts 40.85
639904 PW Parts PW Parts 10.68
640107 PW Parts PW Parts 11.87
644940 PW Parts PW Parts 4.99
648522 PW Parts PW Parts 59.39
651233 PW Parts PW Parts 5.99
651360 PW Parts PW Parts 351.27
652959 PW Parts PW Parts 104.19
653347 PW Parts PW Parts 3.20
669.44Total for Check Number 45101:
4100 Boston Scientific 10/02/201545102
PC 14-015 PC 14-015 Refund PC 14-015 Refund 1,851.12
1,851.12Total for Check Number 45102:
UB*00139 Brent Bunne 10/02/201545103
Refund Check 42.55
Page 2AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
42.55Total for Check Number 45103:
CANON Canon Financial Services 10/02/201545104
15279088 September 2015 Copier Lease September 2015 Copier Lease 214.42
15279088 September 2015 Copier Lease September 2015 Copier Lease 1,215.08
1,429.50Total for Check Number 45104:
1033 Comcast 10/02/201545105
44271-0915 September 2015 TV Serivces September 2015 TV Serivces 4.48
4.48Total for Check Number 45105:
0337 D-Rock Center Landscape Supply 10/02/201545106
3019 Parks Supplies Parks Supplies 56.00
56.00Total for Check Number 45106:
5678 E&M Consulting, Inc.10/02/201545107
34918 EDA Publications EDA Publications 349.00
349.00Total for Check Number 45107:
3239 E.G. Rud & Sons, Inc., Land Surveying 10/02/201545108
31437 Lake Valentine Road Trail (MVHS)Lake Valentine Road Trail (MVHS) 2,942.50
2,942.50Total for Check Number 45108:
0841 Ehlers & Associates, Inc.10/02/201545109
68490 TCAAP General Services TCAAP General Services 105.00
105.00Total for Check Number 45109:
3775 Equity Transwestern, LLC 10/02/201545110
PC14-027 PC 14-027 Refund PC 14-028 Refund 630.00
PC14-028 PC 14-028 Refund PC 14-028 Refund 630.00
1,260.00Total for Check Number 45110:
7700 Eventis Telecom Inc. Attn: Dave Cormier 10/02/201545111
2015-00312 ROW #2015-00312 Refund ROW #2015-00312 Refund 1,000.00
1,000.00Total for Check Number 45111:
0176 Frattallone's Hardware, Inc.10/02/201545112
062290-A PW Parts PW Parts 24.05
066600-A PW Parts PW Parts 34.99
066639-A PW Parts PW Parts 6.99
66.03Total for Check Number 45112:
1200 Frattallone, Tom 10/02/201545113
09222015-TF PC 14-035 Refund PC 14-035 Refund 350.00
350.00Total for Check Number 45113:
GFOA Government Finance Officers Association 10/02/201545114
2793866 Additional Expense: CAFR Review & SubmissionAdditional Expense: CAFR Review & Submission 65.00
65.00Total for Check Number 45114:
1342 Hanson Builders Inc 10/02/201545115
Page 3AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
2015-00795 Permit # 2015-00795 Refund Permit # 2015-00795 Refund 2,485.00
2,485.00Total for Check Number 45115:
1340 Landmark Center of Arden Hills, LLC 10/02/201545116
PC14-034TS PC 14-034 Traffic Study Refund PC 14-034 Traffic Study Refund 1,500.00
1,500.00Total for Check Number 45116:
5665 Metering & Technology Solution 10/02/201545117
4489 Water Meter Supplies Water Meter Supplies 1,092.07
1,092.07Total for Check Number 45117:
5443 Metro Products, Inc.10/02/201545118
111120 PW Parts PW Parts 303.93
303.93Total for Check Number 45118:
0240 Metropolitan Area Mgmt. Assn.10/02/201545119
1852 07-09.15 Mtg-Klaers 07-09.15 Mtg-Klaers 20.00
20.00Total for Check Number 45119:
6252 Office Depot 10/02/201545120
18365114454 Office Supplies Office Supplies 46.56
1836539306 Office Supplies Office Supplies 56.13
791145767001 Office Supplies Office Supplies 77.60
180.29Total for Check Number 45120:
0155 Office of MN IT Services 10/02/201545121
W15080685 August 2015 Phone Bill August 2015 Phone Bill 772.48
772.48Total for Check Number 45121:
7025 On Site Sanitation 10/02/201545122
101115 September/October 2015 Restroom Rental September/October 2015 Restroom Rental 460.00
460.00Total for Check Number 45122:
0072 Pine Bend Paving 10/02/201545123
15-586 Cummings Park Trail Cummings Park Trail 2,201.04
2,201.04Total for Check Number 45123:
4710 Roger Vadnais Plumbing & Pump Service 10/02/201545124
42575 City Hall Repair City Hall Repair 257.00
257.00Total for Check Number 45124:
1387 Standard Insurance Company 10/02/201545125
147490-1015 October 2015 STD/LTD/Life Insurance October 2015 STD/LTD/Life Insurance 1,622.68
1,622.68Total for Check Number 45125:
0327 Staples Business Advantage 10/02/201545126
3277184904 Office Supplies Office Supplies 546.95
3277184907 Office Supplies Office Supplies 63.49
610.44Total for Check Number 45126:
1319 David & Julie Stromberg 10/02/201545127
Page 4AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
09282015-DS 2 Bubble Soccer Refunds 2 Bubble Soccer Refunds 20.00
20.00Total for Check Number 45127:
0925 T-Mobile 10/02/201545128
09222015-TMobil August 2015 Tablet Charges August 2015 Tablet Charges 1,234.22
1,234.22Total for Check Number 45128:
1161 Valley-Rich Co., Inc.10/02/201545129
21969 Sanitary Sewer Pipe Repair Sanitary Sewer Pipe Repair 2,327.81
2,327.81Total for Check Number 45129:
33,783.38Total for 10/2/2015:
0192 Grainger, Inc 10/08/2015ACH
9839556355 PW Parts PW Parts 111.41
9841096994 PW Parts PW Parts 157.02
268.43Total for this ACH Check for Vendor 0192:
0220 Minnesota Department of Labor & Industry 10/08/2015ACH
23154123005 Q3 2015 Building Surcharge Report Q3 2015 Building Surcharge Report 7,375.63
7,375.63Total for this ACH Check for Vendor 0220:
0285 Xcel Energy 10/08/2015ACH
472309800 Aug-Sept 2015 Charges Aug-Sept 2015 Charges 3,340.34
3,340.34Total for this ACH Check for Vendor 0285:
0382 ICMA Retirement Trust - 106944 10/08/2015ACH
PR Batch 00100.10.2015 ICMA Employer Percent 401PR Batch 00100.10.2015 ICMA Employer Percent 401 358.14
PR Batch 00100.10.2015 ICMA Employee Percent 401PR Batch 00100.10.2015 ICMA Employee Percent 401 310.39
668.53Total for this ACH Check for Vendor 0382:
0387 ICMA Retirement Trust- #302482 10/08/2015ACH
PR Batch 00100.10.2015 ICMA Employee PercentPR Batch 00100.10.2015 ICMA Employee Percent 528.69
PR Batch 00100.10.2015 ICMA Employee DeductionPR Batch 00100.10.2015 ICMA Employee Deduction 1,468.08
1,996.77Total for this ACH Check for Vendor 0387:
1041 Aaron Thelen 10/08/2015ACH
10022015-AT 9/22-10/1 Mileage Reimbursement 9/22-10/1 Mileage Reimbursement 14.56
14.56Total for this ACH Check for Vendor 1041:
1782 Willie McCray 10/08/2015ACH
100 9/10-9/15 Umpire Services 9/10-9/15 Umpire Services 208.00
101 9/22, 9/24 Umpire Services 9/22, 9/24 Umpire Services 208.00
416.00Total for this ACH Check for Vendor 1782:
1785 EcoEnvelopes 10/08/2015ACH
10082015-Eco October 2015 Utility Billing Postage October 2015 Utility Billing Postage 329.67
10082015-Eco October 2015 Utility Billing Postage October 2015 Utility Billing Postage 329.66
10082015-Eco October 2015 Utility Billing Postage October 2015 Utility Billing Postage 329.67
Page 5AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
989.00Total for this ACH Check for Vendor 1785:
5596 Jamar Company 10/08/2015ACH
396193 PW Parts PW Parts 306.00
306.00Total for this ACH Check for Vendor 5596:
5648 Matthew Bachler 10/08/2015ACH
10052015-MB P&Z Conferences P&Z Conferences 230.62
230.62Total for this ACH Check for Vendor 5648:
TOII Tokle Inspections, Inc 10/08/2015ACH
10012015-Tokle September 2015 Inspections September 2015 Inspections 2,864.80
2,864.80Total for this ACH Check for Vendor TOII:
0761 Electric Pump, Inc 10/08/2015ACH
0056147-IN Lift Station Repair Lift Station Repair 10,093.07
10,093.07Total for this ACH Check for Vendor 0761:
CPF1 Central Pension Fund 10/08/201545130
09302015-CPF September 2015 Contributions September 2015 Contributions 1,228.80
1,228.80Total for Check Number 45130:
0296 City of Arden Hills 10/08/201545131
10052015-PC September 2015 Petty Cash Rec September 2015 Petty Cash Rec 67.95
10052015-PC September 2015 Petty Cash Rec September 2015 Petty Cash Rec 15.96
10052015-PC September 2015 Petty Cash Rec September 2015 Petty Cash Rec 102.67
186.58Total for Check Number 45131:
6200 Flaherty's Arden Bowl 10/08/201545132
FAB5054 2015 State of the City Meeting 2015 State of the City Meeting 613.60
613.60Total for Check Number 45132:
8931 HR Specialist 10/08/201545133
SBQ1R04-2016 2016 Subscription Renewal 2016 Subscription Renewal 249.00
249.00Total for Check Number 45133:
0390 INT'L Union Operating Engineers-Union Dues10/08/201545134
09112015-INT September 2015 Union Dues September 2015 Union Dues 268.00
268.00Total for Check Number 45134:
0147 ISD 621-Mounds View Community Ed 10/08/201545135
6005 Valentine Hills Facility Rental Valentine Hills Facility Rental 760.00
6075 Valentine Hills Facility Rental Valentine Hills Facility Rental 17.33
777.33Total for Check Number 45135:
1450 League of MN Cities Inc. Trust (SP) 10/08/201545136
09302015-LMC Claim #11053070 Q3/Q3 Payment Claim #11053070 Q3/Q3 Payment 921.20
921.20Total for Check Number 45136:
0214 LTG Power Equipment 10/08/201545137
194722 PW Parts PW Parts 70.96
Page 6AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
70.96Total for Check Number 45137:
9455 Minnesota Pump Works 10/08/201545138
7609 Sewer/Water Supplies Sewer/Water Supplies 55.34
7609 Sewer/Water Supplies Sewer/Water Supplies 55.34
110.68Total for Check Number 45138:
5663 Nova-Frost Incorporated 10/08/201545139
14-1464 County Road E Expenses County Road E Expenses 6,208.00
6,208.00Total for Check Number 45139:
3100 Provident Life and Accident Ins Co 10/08/201545140
9672443-0915 September 2015 UNUM Payment September 2015 UNUM Payment 85.10
85.10Total for Check Number 45140:
0811 Ramsey County 10/08/201545141
PRRLG-001443 Q3 2015 Election Contract Payment Q3 2015 Election Contract Payment 4,682.00
4,682.00Total for Check Number 45141:
0327 Staples Business Advantage 10/08/201545142
3277518667 Office Supplies Office Supplies 17.16
3277665521 Office Supplies Office Supplies 117.77
3277964243 Office Supplies Office Supplies 137.98
272.91Total for Check Number 45142:
0576 TimeSaver Off Site Secretarial 10/08/201545143
M21584 8/31 CC Mtg, 9/9 Plan Com Mtg 8/31 CC Mtg, 9/9 Plan Com Mtg 166.00
M21584 8/31 CC Mtg, 9/9 Plan Com Mtg 8/31 CC Mtg, 9/9 Plan Com Mtg 228.50
394.50Total for Check Number 45143:
0242 Met Council Environ. Service-SAC 10/08/201545144
10062015-SAC September 2015 SAC Payment September 2015 SAC Payment 19,681.20
19,681.20Total for Check Number 45144:
0811 Ramsey County 10/08/201545145
PUBW-014965 August 2015 Labor/Parts Expenses August 2015 Labor/Parts Expenses 9,840.00
PUBW-014965 August 2015 Labor/Parts Expenses August 2015 Labor/Parts Expenses 3,524.38
13,364.38Total for Check Number 45145:
77,677.99Total for 10/8/2015:
Report Total (74 checks): 111,461.37
Page 7AP Checks by Date - Detail by Check Date (10/8/2015 2:22 PM)
Page 1 of 2
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: John Anderson, Acting Public Works Director
SUBJECT: 2015 Sanitary Sewer Lining
Pay Estimate #1
Requested Action
Approve Payment #1 to Hydro Klean, LLC in the amount of $64,165.00 for the 2015 Sanitary
Sewer Lining. Approve Change Order No. 1 in the amount of $1,485.85
Background
The City Council awarded the 2015 Sanitary Sewer Lining to Hydro Klean, LLC on April 13,
2015, in the amount of $507,465.50.
Discussion
This first pay request includes work through October 1, 2015. Five percent is being withheld
from the work completed according to the contract documents. The payment is in the amount of
$60,956.75 Major items of work for this payment are:
Manhole sealing in the base bid
Sewer lining in alternate A and B areas
Change Order No. 1 includes two items the first deals with three sewer lines that have unusual
pipe sizes that require specialty liners. The liners are available and can be supplied for use on
the site but will require a couple weeks to get to the site and therefore the completion date has
been extended by 14 days. The second part of this change order deals with securing manhole
castings to the manhole sections once the lining is complete. The additional time and materials
of this change order is $1,485.85
CONSENT ITEM – 6B
MEMORANDUM
Page 2 of 2
Financial Implications
The following breakdown shows the funding sources and the amounts for Payment #1
Funding Source Amount
Surface Water Management $ 0
Sanitary Sewer Utility $60,956.75
Total $60,956.75
Attachments
Attachment A: Payment Estimate #1
Attachment B: Change Order No. 1
PARTIAL PAY ESTIMATE #1
FROM:
TO:
CONTRACTOR:Hydro-Klean, LLC
ADDRESS:33 N.W. 49th Place, Des Moines, IA 50321-1158
OWNER:CITY OF ARDEN HILLS
PROJECT:
SUBSTANTIAL COMPLETION DATE AMOUNT OF CONTRACT
October 15, 2015 ORIGINAL:$507,465.50
REVISED:
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
SCHEDULE 1.0 - BASE BID SEWER LINING
1 18 INCH - CIPP LINING LF 1,868.00 58.20 0.00 $0.00 0.00 $0.00
2 15 INCH - CIPP LINING LF 3,044.00 43.70 0.00 $0.00 0.00 $0.00
3 12 INCH - CIPP LINING LF 557.00 36.70 0.00 $0.00 0.00 $0.00
4 REOPEN SERVICE EA 31.00 75.00 0.00 $0.00 0.00 $0.00
5 REMOVE PROTRUDING TAP HR 5.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 1.0 - BASE BID SEWER LINING -- TOTAL $0.00 $0.00
SCHEDULE 2.0 - BASE BID MANHOLE SEALING
1 SEAL MANHOLE HR 45.00 225.00 7.80 $1,755.00 7.80 $1,755.00
2 MANHOLE GROUT GAL 300.00 15.00 38.00 $570.00 38.00 $570.00
SCHEDULE 2.0 - BASE BID MANHOLE SEALING -- TOTAL $2,325.00 $2,325.00
SCHEDULE 3.0 - ALTERNATE A BID SEWER LINING
1 8 INCH - CIPP LINING LF 1,211.00 27.60 1,316.00 $36,321.60 1,316.00 $36,321.60
2 REOPEN SERVICE EA 10.00 75.00 9.00 $675.00 9.00 $675.00
3 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 3.0 - ALTERNATE A BID-- TOTAL $36,996.60 $36,996.60
SCHEDULE 4.0 - ALTERNATE B BID SEWER LINING
1 12 INCH - CIPP LINING LF 980.00 36.70 235.00 $8,624.50 235.00 $8,624.50
2 8 INCH - CIPP LINING LF 530.00 27.60 308.00 $8,500.80 308.00 $8,500.80
3 REOPEN SERVICE EA 5.00 75.00 5.00 $375.00 5.00 $375.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 4.0 - ALTERNATE B BID -- TOTAL $17,500.30 $17,500.30
SCHEDULE 5.0 - ALTERNATE C BID SEWER LINING
1 15 INCH - CIPP LINING LF 1,346.00 43.70 0.00 $0.00 0.00 $0.00
2 12 INCH - CIPP LINING LF 116.00 36.70 0.00 $0.00 0.00 $0.00
3 REOPEN SERVICE EA 4.00 75.00 0.00 $0.00 0.00 $0.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
5 SEAL MANHOLE HR 35.00 225.00 0.70 $157.50 0.70 $157.50
6 MANHOLE GROUT GAL 140.00 15.00 3.00 $45.00 3.00 $45.00
SCHEDULE 5.0 - ALTERNATE C BID -- TOTAL $202.50 $202.50
SCHEDULE 6.0 - ALTERNATE D BID SEWER LINING
1 10 INCH - CIPP LINING LF 841.00 32.40 0.00 $0.00 0.00 $0.00
2 8 INCH - CIPP LINING LF 1,075.00 27.60 256.00 $7,065.60 256.00 $7,065.60
September 21, 2015
October 1, 2015
2015 SANITARY SEWER LINING
THIS PERIOD
ORIGINAL:
REVISED:
ORIGINAL CONTRACT TOTAL TO DATE
1
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
THIS PERIODORIGINAL CONTRACT TOTAL TO DATE
3 REOPEN SERVICE EA 15.00 75.00 1.00 $75.00 1.00 $75.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 6.0 - ALTERNATE D BID -- TOTAL $7,140.60 $7,140.60
SCHEDULE 7.0 - ALTERNATE E BID SEWER LINING
1 18 INCH - CIPP LINING LF 164.00 58.20 0.00 $0.00 0.00 $0.00
SCHEDULE 7.0 - ALTERNATE E BID -- TOTAL $0.00 $0.00
BID SUMMARY
SCHEDULE 1.0 - BASE BID SEWER LINING -- TOTAL $0.00 $0.00
SCHEDULE 2.0 - BASE BID MANHOLE SEALING -- TOTAL $2,325.00 $2,325.00
SCHEDULE 3.0 - ALTERNATE A BID-- TOTAL $36,996.60 $36,996.60
SCHEDULE 4.0 - ALTERNATE B BID -- TOTAL $17,500.30 $17,500.30
SCHEDULE 5.0 - ALTERNATE C BID -- TOTAL $202.50 $202.50
SCHEDULE 6.0 - ALTERNATE D BID -- TOTAL $7,140.60 $7,140.60
SCHEDULE 7.0 - ALTERNATE E BID -- TOTAL $0.00 $0.00
TOTAL BID SUMMARY THIS PERIOD $64,165.00
TOTAL BID SUMMARY TO DATE $64,165.00
AMOUNT EARNED
AMOUNT RETAINED
MATERIAL ON SITE
MATERIAL DEDUCT.
PREVIOUS PAYMENTS
AMOUNT DUE
TOTAL THIS PERIOD
$64,165.00
$3,208.24
$0.00
$0.00
**********************************
$60,956.75
$0.00
$0.00
$60,956.75
$0.00
TOTAL TO DATE
$64,165.00
THIS PERIOD TOTAL TO DATE
$3,208.24
2
City of Arden Hills
City Council Meeting for October 26, 2015
P:\Planning\Planning Cases\2015\PC 15-016 - Arden Plaza - Final PUD Phase III\Memos_Reports_15-016
Page 1 of 2
CONSENT ITEM – 6C
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Matthew Bachler, Associate Planner
SUBJECT: Planning Case #15-016
Applicant: Hemisphere Restaurant Partners
Property Location: 3561 Lexington Avenue North
Subject: Arden Plaza Planned Unit Development Agreement – Fourth
Amendment
Requested Action
Motion to approve Arden Plaza Planned Unit Development Agreement – Fourth Amendment,
based on the August 31, 2015 City Council approval of Planning Case 15-016.
Background
On August 31, 2015, the City Council approved Final PUD plans for Phase III of the Arden
Plaza Master PUD in Planning Case 15-016. Hemisphere Restaurant Partners submitted the Final
PUD application for the construction of the Tavern Grill restaurant at 3561 Lexington Avenue
North, south of the Walgreens pharmacy in the Arden Plaza retail center. The closing for the
development parcel occurred on October 9, 2015, and Arden Plaza, LLC no longer retains
ownership of the property.
The City Attorney has prepared the Fourth Amendment to the Planned Unit Development
Agreement (Attachment A). The document has been reviewed and signed by Hemisphere
Restaurant Partners.
Financial Surety Revisions
As part of their approval of the Final PUD plans, the City Council approved a condition that
required Hemisphere Restaurant Partners to provide an escrow in the amount of 25 percent of the
City of Arden Hills
City Council Meeting for October 26, 2015
P:\Planning\Planning Cases\2015\PC 15-016 - Arden Plaza - Final PUD Phase III\Memos_Reports_15-016
Page 2 of 2
cost of site improvements. The purpose of this escrow was to cover costs incurred by the City
related to the review and inspection of the site improvements. The Community Development
Department and Public Works Department discussed revising this condition in the PUD
Agreement to more closely match the site improvements security recently required for the
Johanna Shores Brownstone Apartment project being completed by Presb yterian Homes.
The revised condition would require Hemisphere Restaurant Partners to provide an initial deposit
of $20,000 for the site improvements escrow with the requirement that if the balance drops
below $5,000 the account be replenished to $20,000. The City is able to withhold the final
Certificate of Occupancy if the account is not replenished as required. The initial required
deposit is expected to cover all costs associated with construction observation. The City Attorney
and Hemisphere Restaurant Partners have reviewed and approved the revisions to the original
condition.
Attachments
A. Arden Plaza Planned Unit Development Agreement – Fourth Amendment
183371v6 1
(reserved for recording information)
PLANNED UNIT DEVELOPMENT AGREEMENT
FOURTH AMENDMENT
ARDEN PLAZA
(PC# 15-016)
THIS PLANNED UNIT DEVELOPMENT AGREEMENT– FOURTH
AMENDMENT (“Agreement”) is dated effective ________________, 2015, and is entered into
by and between the CITY OF ARDEN HILLS, a Minnesota statutory city, whose address is
1245 West Highway 96, Arden Hills, MN 55112 (“City”) and HRP ARDEN HILLS, LLC, a
Minnesota limited liability company, whose address is 1501 Washington Avenue South, Suite
301, Minneapolis, MN 55454-1039 (“Developer” or “Owner”).
1. RECITALS.
A. Arden Plaza, LLC, a Minnesota limited liability corporation (“Arden Plaza”) is
the record fee owner of property situated in the County of Ramsey, State of Minnesota, and
legally described as Lot 3, Block 1, Arden Plaza. Said site is for future development pursuant to
183371v6 2
the terms of an Amended and Restated Master Planned Unit Development Agreement and Phase
I Development Contract (Planning Case #14-016).
B. On the 10th day of September, 2015, said Lot 3, Block 1, Arden Plaza was
subdivided into three smaller parcels and replatted as Arden Plaza 2nd Addition. On the 9th day of
October, 2015, STORE Capital Acquisitions, LLC, a Delaware limited liability company
(“STORE”) acquired and then leased to Developer one of those parcels for construction of a sit-
down restaurant known as The Tavern Grill Restaurant and Bar legally described as:
Lot 1, Block 1, Arden Plaza 2nd Addition
with a street address of 3561 North Lexington Avenue, Arden Hills, Minnesota (“Property”).
C. On the 6th day of July, 2015, Developer, on behalf of Arden Plaza, submitted an
application requesting that the City approve a Final Planned Unit Development (“Application”)
for the development of a sit-down restaurant, removal of existing parking, retaining wall/fence,
and public sidewalk; relocation of storm trunk lines and integrate new building, parking and
retaining wall into the existing Arden Plaza shopping center.
D. The Application is illustrated and described on the following documents, attached
and incorporated as part of Planning Case 15-016, on file and recorded at the City of Arden
Hills:
1. Cover Sheet (CS-01) dated 08/14/15
2. Overall Existing Conditions (CS-02) dated 08/14/15
3. Overall PUD Site Plan (CS-03) dated 08/14/15
4. Existing Conditions – Removals (CS-04) dated 08/14/15
5. Site Plan (CS-05) dated 08/14/15
6. Grading, Drainage and Erosion Control Plan (CS-06) dated 08/14/15
183371v6 3
7. Utility Plan dated (CS-07) 08/14/15
8. Site Details (CS-08, CS-09) dated 08/14/15
9. Landscape Plan (LP-01) dated 08/14/15
10. Landscape Details (LP-02) dated 08/14/15
11. 3D Views (SK-00) dated 07/24/15
12. Presentation Plan (SK-02) dated 07/24/15
13. Elevations (SK-03) dated 07/24/15
2. PLANNING COMMISSION REVIEW. On the 5th day of August, 2015, the
City Planning Commission reviewed the Application and after considering the Application, the
submitted plans, the reports and comments of the City’s staff, the reports and comments of the
Developer and Arden Plaza, and other public comments, and subject to conditions,
recommended approval of the Application.
3. CITY COUNCIL REVIEW.
A. On the 31st day of August, 2015, the Arden Hills City Council reviewed the
recommendations of the Planning Commission; the materials and comments submitted by City
staff and the its consultants; and the materials and comments submitted by the Developer and
Arden Plaza and its consultants. At the conclusion of its review, the City Council approved a
Final Planned Unit Development to construct a sit-down restaurant called The Tavern Grill
Restaurant and Bar, subject to the terms and conditions contained herein.
4. TERMS AND CONDITIONS. In consideration of the undertakings herein
expressed and in compliance with the City’s Development Regulations, the parties agree as
follows:
183371v6 4
A. PUD. Developer is hereby authorized and shall construct an approximately 9,500
square foot building with an attached 3,050 square foot outdoor patio area for a restaurant
consistent with the plans reviewed and approved by the City. Developer shall comply with all
terms and conditions:
1. The Developer shall continue to abide by the conditions of all previous
Master PUD Agreements, permits, and reviews, except as hereinafter amended.
2. The Developer shall obtain a building permit within one year of the Final
PUD approval or the approval shall expire, unless extended by the City Council prior to the
approval’s expiration date. Extension requests must be submitted in writing to the City at least 45
days prior to the expiration date.
3. Prior to the issuance of a building permit, a copy of any necessary
supplemental declaration between STORE, Developer and Arden Plaza, LLC addressing site
operation issues, such as driveway maintenance, shared parking, and drainage, shall be provided
to the City.
4. Final construction plans shall be subject to approval by the Building
Official and Fire Marshall prior to the issuance of a building permit.
5. The Developer shall provide the City with a copy of the Rice Creek
Watershed District permit for the project prior to the issuance of any development permits.
6. Final grading, drainage, utility, and site plans shall be subject to approval
by the City Engineer and City Planner prior to the issuance of a Grading and Erosion Control
Permit or other development permits.
7. The Developer shall obtain a right-of-way permit from Ramsey County for
the sidewalk construction along Lexington Avenue.
183371v6 5
8. Prior the issuance of a Certificate of Occupancy for the Phase III building:
(i) the six-foot wide concrete sidewalk along Lexington Avenue shall be constructed in its
entirety as shown on the PUD Master Site Plan; and (ii) four additional handicap parking stalls
shall be provided on the east side of the shared parking lot area near the main entrance and
accessible to customers of The Tavern Grill Restaurant and Bar.
9. All mechanical equipment, whether ground-mounted or roof-mounted,
shall be screened from ground-level view of public streets. Wood screening shall not be
permitted.
B. Required Improvements. The project shall be completed in accordance with the
submitted plans as amended by the conditions of approval. Any significant changes to these
plans, as determined by the City Planner, shall require review and approval by the Planning
Commission and City Council.
C. Required Permits. The applicant shall obtain all necessary permits, including,
but not limited to, NPDES, Rice Creek Watershed District, Ramsey County, and City Grading
and Erosion Control Permits. Copies of all necessary permits shall be submitted to the City prior
to the issuance of any development permits.
D. Security.
(1) The Developer shall submit a financial surety in the amount of 125% of the
estimated costs of site improvements including grading, utilities, and paving, prior to the
issuance of any development permits. The financial surety shall be in the form of a letter of
credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The
purpose of the letter of credit is to ensure that site improvements are completed in the event that
the Developer defaults on this Agreement.
183371v6 6
(2) The Developer shall submit a financial surety in the amount of 125% of
the estimated costs of landscaping prior to the issuance of any development permits. The
financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota
bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event
that the Developer defaults on this Agreement. The City will hold the letter of credit for two
years after the installation of landscaping. The letter of credit should not expire during the two-
year period.
E. Escrow.
(1) The Developer shall submit a cash escrow for site improvements,
including grading, utilities, and paving, in the amount of $20,000 prior to the issuance of any
development permits. The escrow will be used for City costs related to review, approval, and
inspection of site improvements or any costs incurred by the City in the event of a default by
Developer. If at any time during the course of construction on the project the amount in the
account is reduced to below $5,000, the Developer shall replenish the account to not less than
$20,000. In the event there is a failure to replenish the account in accordance with the terms of
the Agreement, the City has the right to withhold the issuance of a Certificate of Occupancy until
the deficiency is paid. Upon completion of the project, payment of all outstanding bills and
satisfaction of this Agreement, the City shall refund the remainder of the account to the
Developer.
(2) The Developer shall submit a cash escrow in the amount of 25% of the
estimated costs of landscaping prior to the issuance of any development permits. The escrow will
be held by the City for two years after installation of landscaping and used for City costs related
to review, approval, and inspection of landscaping, or default by Developer.
183371v6 7
F. Binding Effect. The terms and provisions of this Agreement shall be binding
upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the Property. This
Agreement, at the option of the City, shall be placed of record so as to give notice thereto to
any subsequent purchasers and encumbrances of all or any part of the Property and all
recording fees, if any, shall be paid by the Developer.
G. Default. The occurrence of any of the following shall be considered an “Event
of Default” in the terms and conditions contained in this Agreement:
(1) Failure of Developer to comply with any of the terms and conditions
contained in this Agreement if Developer fails to correct such failure within thirty (30) days after
receiving written notice of such failure from the City, or if such failure cannot be reasonably
cured within such thirty (30) day period, then the failure of the Developer to promptly commence
the correction of such failure or to complete the correction of such failure within a reasonable
period of time.
(2) The failure of Developer to comply with any applicable ordinance or
statute with respect to the development of the Property.
H. Remedies. Upon the occurrence of any Event of Default, the City, in addition to
any other remedy which may be available to it, shall be permitted to do any of the following:
(1) City may make advances or take other steps to cure the default, and, where
necessary, enter the Property for that purpose. Developer shall pay all reasonable sums so
advanced or reasonable expenses incurred by the City, upon demand, with interest from the dates
of such advances or expenses at the rate of 10 percent per annum. No action taken by the City
pursuant to this section shall be deemed to relieve Developer from curing any such default to the
183371v6 8
extent that it is not cured by the City or from any other default hereunder. The City shall not be
obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any
such default. Developer shall save, indemnify, and hold harmless, including reasonable attorney
fees, the City from any liability or other damages which may be incurred as a result of the
exercise of the City's rights pursuant to this section, other than if arising, in whole or in part,
because of the City’s negligence or willful misconduct.
(2) Obtain an Order from a Court of competent jurisdiction requiring
Developer to specifically perform its obligations pursuant to the terms and provisions of this
Agreement.
(3) Exercise any other remedies which may be available to it including an
action for damages.
(4) Withhold the issuance of any or all building permits and/or prohibit the
occupancy of all building(s) for which permits have been issued.
(5) In addition to the remedies and amounts payable as set forth herein, upon
the occurrence of an Event of Default, Developer shall pay to the City all reasonable fees and
expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as
a result of the Event of Default, whether or not a lawsuit or other action is formally taken.
IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be
executed as of the date and year first above written.
[Remainder of page intentionally left blank.
Signatures on next page.]
183371v6 9
CITY OF ARDEN HILLS
By: ______________________________________
David Grant, Mayor
(SEAL)
And _____________________________________
Amy Dietl, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _______ day of
_________________, 20___, by David Grant and by Amy Dietl, respectively the Mayor and
City Clerk of the City of Arden Hills, a Minnesota statutory city, on behalf of the City and
pursuant to the authority granted by its City Council.
__________________________________________
Notary Public
183371v6 10
HRP ARDEN HILLS, LLC
a Minnesota limited liability company
By: ______________________________________
______________________________
Its _________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _______ day of
_________________, 20___, by ________________________, the __________________of
HRP ARDEN HILLS, LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
__________________________________________
Notary Public
DRAFTED BY:
Campbell, Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
(JJJ)
183371v6 11
FEE OWNER CONSENT
TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOURTH AMENDMENT
ARDEN PLAZA (PC# 15-016)
STORE CAPITAL ACQUISITIONS, LLC, a Delaware limited liability company, fee
owner of all or part of the subject property legal described as Lot 1, Block 1, Arden Plaza 2nd
Addition, Ramsey County, Minnesota, the development of which is governed by the foregoing
Planned Unit Development Agreement, Fourth Amendment, affirms and consents to the
provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property owned by it.
Dated this _____ day of ____________, 20__.
STORE CAPITAL ACQUISITIONS, LLC
By: ______________________________________
_____________________________ [print name]
Its ___________________________
STATE OF ______________ )
( ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ____________
20__, by ______________________________, the _____________________ Store Capital
Acquisitions, LLC, a Delaware limited liability company, on behalf of said limited liability
company.
________________________________________
Notary Public
DRAFTED BY:
Campbell, Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
(JJJ)
183371v6 12
CITIBANK N.A.
MORTGAGE CONSENT
TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOURTH AMENDMENT
ARDEN PLAZA (PC# 15-016) CITIBANK N.A., as mortgagee for the property situated in the County of Ramsey, State
of Minnesota, and legally described as:
Lot 1, Block 1, Arden Plaza 2nd Addition (a portion of the former Lot 3, Block 1, Arden Plaza)
which deed was recorded as Ramsey County document number __________, the development of
which is governed by the foregoing Planned Unit Development Agreement, Fourth Amendment
affirms and consents to the provisions thereof and agrees to be bound by the provisions as the
same may apply to that portion of the subject property owned by it and agrees that the Planned
Unit Development Agreement, Fourth Amendment, shall remain in full force and effect, even if
it forecloses on its mortgage.
Dated this ___ day of ___________, 2015.
CITIBANK N.A. By: STORE Capital Corporation, a Maryland corporation, its attorney-in-fact By:_____________________________________ Name:_________________________________ Its:_____________________________________
State of ARIZONA :
:ss
County of MARICOPA :
On this, the ____ day of _______________, 2015, before me, the undersigned Notary
Public, personally appeared _______________________________, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and who acknowledged to me that he/she is an officer of STORE Capital Corporation, a
Maryland corporation, as attorney-in-fact, on behalf of Citibank, N.A., in the capacity stated
and that he/she executed the within instrument in such capacity for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
181284v6
________________________________________
Notary Public
My Commission Expires:
DRAFTED BY:
Campbell, Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
(JJJ)
CONSENT ITEM – 6D
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Council
Sue Iverson, Acting City Administrator
FROM: Dave Perrault, Finance Analyst
SUBJECT: 2015 3rd Quarter Actuals
Background/Discussion
Attached are the 3rd Quarter Actuals for 2015. Overall, expenditures are running below what
was budgeted, while revenues are on-track. Please remember that we receive our revenue from
property taxes in July and December, therefore property tax revenue for the second half of the
year is not reflected in these reports. Governmental accounting is not done on an accrual basis,
the numbers reflect what was actually taken in as revenue or paid out as expenditures thru
September 30, 2015.
Accruals, deferred revenue adjustments, etc. are only done at year-end. General Fund
expenditures from operating activities are running at, or slightly below, budget estimates (Note:
percentages look lower because property taxes, liquor licenses, etc are collected at year-end).
An Investment Portfolio has also been included with these financial reports. Per the Investment
Policy, our Benchmark Rate is the 4M plus Rate. At September 30, 2015 – this rate was 0.05%
and our portfolio is averaging 2.007%. All of our investments are in government secured or
government backed deposits. The section listed at the top of the portfolio are the “liquid”
investments that we can access at any time. As we try to stay diversified in this area we will be
transferring between these accounts. We are working on cash flows with the PMP and other CIP
projects, along with the utility billing cycles to determine how much and when we can invest.
Attachments
Attachment A: Investment Portfolio Analysis
Attachment B: General Fund Revenues and Expenditures Summary
Attachment C: City-Wide Revenues and Expenditures Summary
Staff Recommendation
Staff requests that Council accept the 3rd Quarter 2015 Financial Reports.
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Sara Grant, Parks and Recreation Coordinator
SUBJECT: Resolution No. 2015-046: Appointing Josh Bloyer and Keri Bloyer to serve on
the Parks, Trails and Recreation Committee for a term expiring December 31,
2018
Background
The Parks Trails and Recreation Committee (PTRC) currently has six members. The guidelines
state that this committee can have up to twelve members. Therefore, the PTRC has six current
vacancies. Staff recently received two applications for these vacancies from Josh Bloyer and
Keri Bloyer. A panel of Council Liaison Brenda Holden, PTRC Chair Rich Straumann, Staff
Member Aaron Thelen, and I reviewed the applications and decided to interview Mr. and Mrs.
Bloyer. The panel conducted an interview of Josh and Keri Bloyer on Tuesday, October 20,
2015. After completing the interview, the panel recommends (Resolution 2015-046 -
Attachment B) Josh and Keri Bloyer for appointment to the PTRC. The application for Mr. and
Mrs. Bloyer has been included for your review (Attachment A). Committee terms rotate and the
two openings have a three year term expiring on December 31, 2018. Mayor Grant recommends
the approval of the appointments of both Josh Bloyer and Keri Bloyer to the Parks, Trails and
Recreation Committee.
Recommended Action
Motion to approve Resolution No. 2015-046: Appointing Josh Bloyer and Keri Bloyer to the
Parks Trails and Recreation Committee (PTRC) for a term expiring December 31, 2018.
Attachments
Attachment A: Resolution 2015-046
Attachment B: Josh Bloyer and Keri Bloyer Applications
CONSENT ITEM – 6E (first item)
MEMORANDUM
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2015-046
A RESOLUTION APPOINTING JOSH BLOYER AND KERI BLOYER TO THE
PARKS TRAILS AND RECREATION COMMITTEE (PTRC) FOR A TERM EXPIRING
DECEMBER 31, 2018.
WHEREAS, the City Council appoints residents to serve in an advisory capacity to the
City Council regarding parks, trails, and recreation issues;
THEREFORE, BE IT RESOLVED: The City Council appoints Josh Bloyer and Keri
Bloyer to serve on the PTRC for a term expiring on December 31, 2018.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
26TH DAY OF OCTOBER, 2015
_________________________________________
David Grant, Mayor
ATTEST:
_______________________________________
Amy Dietl, City Clerk
lt
EN HILLS
City Commission/Committee Application Form
Or apply online at http://www cityofardenhills ore/FormCenter/General-Forms-3/City-
Co mmisionCom mittee-Application-Form-54
Date: V l s
General Information
Name: g(oyel
Last First M.I.
Address:
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Ct U(O U pan f Ck
City, State,ZIP: /-F rden 4; 115 Vi!lI
Phone Numbers: Home: t bt -357- Work:
Fax: Fax:
Email Address:
Committees
If you wish to be considered for more than one committee,please order in number of preference.
Communications Committee(Newsletter)
Parks,Trails, &Recreation(PTRC)
Economic Development Commission(EDC)
Planning Commission
Financial Planning and Analysis Committee(FPAC)
Special Interests
As the Council prioritizes its goals,it may create additional/new committees or task forces from time to time. If you
have other specific areas or topics of interest please indicate those interests and we will retain your application for
future openings in those areas as new committees are created.
Other Interests
Personal Information
List your work experience.
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List any additional comments:
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References. G 7/
Name Address Phone Number
Please return this form along with a letter of interest and your current resume to:
City of Arden Hills
1245 West Highway 96
Arden Hills,MN 55112
Attn: City Clerk
Phone: 651.792.7800
Fax: 651.634.5137
Note: Please be advised that per Minnesota Statute 13.601, Subd. 3,the following information is
considered public for applicants to a public committee or commission: name, city,education,
employment record,volunteer experience. once an individual has been appointed to a public
committee or commission, all information on this application will be considered public.
City Committee Application Form
Page 2 of 2
lt
2WEN HILLS
City Commission/Committee Application Form
Or apply online at http•//www cityofardenhills ore/FormCenter/Cencral-Forms-3/City-
CommisionCommittee-Application-Form-54
Date:
General Information
I
Name: 6[ v
Last U
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First M.I.
Address: 19l 0 INJI
City, State,ZIP: 0A Q ns j 1.( N E6051
Phone Numbers: Home: bl;t — 340 ' 1 37 Work:
Fax:
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Fax:
Email Address:
Committees
If you wish to be considered for more than one committee.please order in number of preference.
Communications Committee(Newsletter)
Parks,Trails,&Recreation(PTRC)
Economic Development Commission (EDC)
Planning Commission
Financial Planning and Analysis Committee(FPAC)
Special Interests
As the Council prioritizes its goals,it may create additional new committees or task forces from time to time. If you
have other specific areas or topics of interest please indicate those interests and we will retain your application for
future openings in those areas as new committees are created.
Other Interests
Personal Information
List your work experience.
Ci
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City Committee Application Form
61 ^e l U Page 1 of 2
J 71
List any Civic,Professional, and Community Activity involvement.
Why do you want to be on a committee?
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What skills,strengths,or abilities do you believe you will add to the committee?
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References.
Please return this form along with a letter of interest and your current resume to:
City of Arden Hills
1245 West Highway 96
Arden Hills,MN 55112
Attn: City Clerk
Phone: 651.792.7800
Fax: 651.634.5137
Note: Please be advised that per Minnesota Statute 13.601, Subd. 3, the following information is
considered public for applicants to a public committee or commission: name, city, education,
employment record,volunteer experience. Once an individual has been appointed to a public
committee or commission, all information on this application will be considered public.
City Committee Application Form Page 2 of 2
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Sara Grant, Parks and Recreation Coordinator
SUBJECT: Appointment of Rich Straumann as Chair of the Parks, Trails and Recreation Committee
(PTRC)
Background
Jennifer Stephens (PTRC) chair resigned from the committee. Her resignation not only created a
vacancy on the Committee but has also created a vacant chair position. Per the Parks , Trails and
Recreation Committee Liaison, Councilmember Holden, long standing Committee Member Rich
Straumann has volunteered to fill the role of the Parks, Trails and Recreation Committee Chair.
Mr. Straumann term expires December 31, 2016. Mayor Grant recommends the appointment of
Rich Straumann as Chair of the Parks, Trails and Recreation Committee.
Recommended Action
It is recommended that the City Council approve Resolution 2015-047 appointing Rich
Straumann as Chair of the Parks Trails and Recreation Committee with a term expiration of
December 31, 2016.
Attachment
Attachment A: Resolution 2015-047
CONSENT ITEM – 6E (second item)
MEMORANDUM
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2015-047
A RESOLUTION APPOINTING RICH STRAUMANN TO THE PARKS TRAILS AND
RECREATION COMMITTEE (PTRC) FOR A TERM EXPIRING DECEMBER 31, 2018.
WHEREAS, the City Council appoints residents to serve in an advisory capacity to the
City Council regarding parks, trails, and recreation issues;
THEREFORE, BE IT RESOLVED: The City Council appoints Rich Straumann to
serve as the PTRC Chair for a term expiring on December 31, 2016.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
26TH DAY OF OCTOBER, 2015
_________________________________________
David Grant, Mayor
ATTEST:
_______________________________________
Amy Dietl, City Clerk
City Council Meeting
P:\Admin\Council\Agendas & Packet Information\2015\10-26-15-R\Sue\Liability
Insurance\2015_Liability_Coverage_Limits.doc
Page 1 of 1
CONSENT ITEM – 6F
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Council Members
FROM: Sue Iverson, Acting City Administrator
Director of Finance and Administrative Services
SUBJECT: Resolution 2015-045: Resolution Accepting the Liability Coverage Limits
from the League of Minnesota Cities Insurance Trust (LMCIT) for 2016
Background
Each year the City Council is required to decide whether or not to waive the statutory tort
liability limits to the extent of the coverage purchased. In past history, the City has not
waived the monetary limits on municipal tort liability established by Minnesota Statutes
466.04. (This would mean that the City accepts liability coverage limits of $2,500,000.)
Council Action
A motion to approve Resolution 2015-045, regarding no-waiver of the statutory liability
limits and accepting the liability coverage limits from the League of Minnesota Cities
Insurance Trust (LMCIT) for 2016.
Attachment
Attachment A: Resolution 2015-045
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION No. 2015-045
Accepting the Liability Coverage Limits from the
League of Minnesota Cities Insurance Trust (LMCIT)
WHEREAS, the City of Arden Hills DOES NOT WAIVE the monetary limits on
municipal tort liability established by Minnesota Statutes 466.04,
THEREFORE, BE IT RESOLVED: The City of Arden Hills accepts liability coverage
limits of two million, five hundred thousand dollars and zero cents ($2,500,000.00) from the
League of Minnesota Cities Insurance Trust (LMCIT) for calendar year 2016.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
26th DAY OF OCTOBER, 2015.
_________________________________________
David Grant, Mayor
ATTEST:
_______________________________________
Amy Dietl, City Clerk
PUBLIC HEARING – 8A
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Council Members
FROM: Sue Iverson, Acting City Administrator
Director of Finance and Administrative Services
SUBJECT: CenturyLink Cable Franchise
INTRODUCTION
The City is one of nine member cities of the North Suburban Communications
Commission (the “NSCC”). Following the submission of an application for a cable
television franchise for each member city of the NSCC, the above-entitled matter initially
came before the NSCC for a public hearing on Thursday, March 5, 2015, at the NSCC’s
Office in Roseville. The public hearing was held open through Friday, March 13, 2015,
for the purpose of allowing additional written public comments. Following the public
hearing, the NSCC’s Executive Director prepared a detailed report entitled “Staff Report
on CenturyLink Cable Franchise Application” (the “Staff Report”). The NSCC received
and filed the Staff Report and directed NSCC staff to negotiate a cable television
franchise with CenturyLink. NSCC staff negotiated a cable television franchise with
CenturyLink and presented it to the NSCC on October 7, 2015. The NSCC adopted a
Findings of Fact and Recommendation on October 7, 2015, which recommended
approval of the negotiated cable television franchise with CenturyLink by each member
city. The CenturyLink Cable Television Franchise is now before the City Council for
consideration.
DISCUSSION
A representative from NSCC will be at the meeting to answer any questions and to speak
on this item.
Supporting information
On February 20, 2015, the NSCC received a cable franchise application covering each
member city from CenturyLink. Comcast Cable currently has a non-exclusive franchise
agreement with the City, which means the City Council may grant additional franchises
to provide cable service in the City.
A public hearing on the application was held on March 5, 2015, and additional written
comments from the public were accepted through March 13, 2015. Following the public
hearing, staff prepared a Staff Report (“Report”), which recommended that the NSCC
receive and file the Report and direct staff to negotiate a cable franchise with
CenturyLink, consistent with the Report. On April 10, 2015, the NSCC adopted the
recommendation. This action did not approve a franchise.
The NSCC’s outside attorney, Mike Bradley, Bradley Hagen & Gullikson, LLC, in
consultation with NSCC Executive Director, Coralie Wilson, engaged in cable franchise
negotiations with CenturyLink. The attached cable franchise is the product of those
negotiations.
In reviewing the CenturyLink cable franchise, there are two primary issues to consider.
The first is whether federal law preempts Minnesota’s 5-Year Build Statute. Minnesota
Statues Section 238.084, subdivision 1(m) requires all initial franchises to have a
provision that requires a cable operator build out its cable system at a rate of 50 plant
miles per year and that its cable system be substantially complete within 5 years. As the
Report indicated, CenturyLink claims that this 5-Year Build Statute is an unlawful barrier
to entry and is preempted by federal law and an FCC decision referred to as the 621
Order. The Report also indicated that there is no case law in Minnesota directly
addressing preemption of the 5-Year Build Statute. The Report concluded that
CenturyLink has a good faith basis on its preemption claim and is willing to indemnify
the NSCC and its Member Cities related to any litigation surrounding the grant of a
franchise to CenturyLink. CenturyLink refused to incorporate the language of the 5-Year
Build Statute in the proposed franchise, based on its preemption argument. As described
below, the proposed CenturyLink franchise ordinance has provisions for a reasonable
build-out of the City. The proposed franchise ordinance also has provision for defense
and indemnification of the NSCC and the City regarding this issue.
The next issue is whether the CenturyLink franchise contains a reasonable build-out
schedule. The franchise ordinance recognizes that CenturyLink has already constructed a
legacy communications system throughout the City, which is capable of providing
telephone and internet service. The build-out provisions in the franchise are related to
upgrades of the legacy system to make it capable of providing cable service to all area
residents. The proposed CenturyLink Franchise addresses build-out as follows:
Complete Equitable Build-Out. Goal is to build-out the entire City over 5-
year term, based on market success, with a significant investment targeted
to areas below the median income in the City.
Initial Minimum Build-Out Commitment. 15% of the city over two years.
o CenturyLink must make its best effort to complete the initial
deployment in a shorter period of time.
o Equitable Deployment to households in the City.
o Must include a significant number of households below the
medium income of the City.
o CenturyLink permitted to serve more households than the initial
commitment.
Quarterly Meetings. Starting January 1, 2016, CenturyLink must meet
with the City [and/or City designee at NSCC] and show to the City’s
satisfaction:
o Number of households capable of being served and actually
served.
o Compliance with anti-redlining requirements.
o Maps and documentation “showing exactly where within the City
the Grantee is currently providing cable service.”
Additional Build-Out Based on Market Success. Starting January 1, 2016,
the CenturyLink build-out commitment will increase if its penetration rate
is at least 27.5% in the areas that it is offering service.
o Example: If CenturyLink is offering service to 60% of a City and
CenturyLink has penetration of 30% in that area, then the build-out
commitment will increase by 15%, to cover 75% of the City.
o Additional build-out commitment continues until all households
are served.
Line Extension. No initial mandatory line extension, unless CenturyLink
becomes the dominate cable provider. Then the City decides
CenturyLink’s build-out schedule, including a density requirement that is
the same or similar to Comcast’s density requirement.
The City may consider whether the Initial Minimum Build-Out Commitment of 15% of
each member city over two years is reasonable. CenturyLink claimed in its application
that it initially would be providing service to a greater portion of the City. During
negotiations however, CenturyLink was concerned about having too high a commitment
in the franchise ordinance and that cities in Minnesota and elsewhere would use a greater
commitment as a new standard. CenturyLink refused to increase the Initial Minimum
Build-Out Commitment above 15%. However, the provisions related to Quarterly
Meetings and Additional Build-Out Based on Market Success are designed to quicken
and increase CenturyLink’s initial Build-Out Commitment. The franchise also has
provisions requiring that residents of each member city be included in an equitable initial
build commitment and that a significant number of households below the medium income
of the city also be included in the initial build-out. CenturyLink must also use its best
efforts to complete its initial build faster than two years.
Another issue related to the reasonable build-out is whether the penetration rate triggering
additional build-out is reasonable. CenturyLink claims that it needs a penetration rate of
27.5% in order to commit to an additional mandatory build in the City. This penetration
number is based on internal CenturyLink return on investment models. Given Comcast’s
penetration rate in the City is around 40-50%, a penetration rate of 27.5% may be
difficult to obtain and, therefore, it is possible that CenturyLink may not be required to
build-out more than its initial commitment.
Economic redlining or “cherry picking” was identified as a concern through the public
hearing process. As the Report noted, cherry picking is prohibited by the Federal Cable
Act. See 47 U.S.C. § 541(a)(3). The proposed CenturyLink franchise prohibits cherry
picking, identical to the Comcast franchise. To ensure compliance, CenturyLink has an
additional $500 per day penalty/liquidated damage for violating the build-out and
economic redlining provisions of the Franchise.
The Report also described the State’s level playing field statute, which requires
competitive cable franchises not to be more favorable or less burdensome than an
incumbent’s franchise as it relates to franchise fees, support of public, educational, and
governmental access television and the area served. CenturyLink is required to pay a
franchise fee of 5% of its Gross Revenues (Identical to Comcast Franchise). The
Franchise Area is the entire city (Identical to Comcast Franchise). The Public,
Educational, and Governmental (“PEG”) Access Requirements of the CenturyLink
franchise meet, and in places exceed, Comcast’s franchise commitments.
The CenturyLink PEG commitments are summarized as follows:
Number of Access Channels. CenturyLink will provide 16 Access
Channels (greater overall number of Access Channels than Comcast).
Format of Access Channels. CenturyLink will provide all 16 Access
Channels in HD if the Commission sends them in HD format (Comcast
will provide one Access Channels in HD over time).
Electronic Programming Guide. CenturyLink will have similar
requirement as Comcast.
Channel Placement. CenturyLink will make all Access Channels
accessible at Channel 15 through the “North Suburban Mosaic.” The
Access Channels will be physically located in the 8000s. (Comcast has no
mosaic and is required to have the HD Access Channel located near the
broadcast channels).
Public Service Announcements. CenturyLink will allow the Commission
to air PSA’s on non-Access channels during periods of unsold/unused
airtime (Exceeds Comcast’s commitment).
Video On-Demand. CenturyLink will provide 25 hours of VOD per
member city (Exceeds Comcast’s PEG commitment).
PEG Support. CenturyLink will pay a PEG Fee in support of the Access
Channels of $4.15 (This fee is equal to the fee that Comcast currently
passes through to its subscribers in the City).
Overall, the CenturyLink cable franchise is substantially similar to the Comcast cable
franchise in most respects. The following highlights the differences between the two
cable franchises:
Term. CenturyLink’s Franchise term is 5 years. Comcast’s term is 15+
years.
Indemnification of the City/NSCC. CenturyLink has an additional
indemnification commitment that Comcast does not have.
Access Channel Commitments. CenturyLink may provide more channels
in HD than Comcast. CenturyLink is providing VOD programming, while
Comcast is not providing any. PEG support may be used for capital and
operational support under the CenturyLink franchise.
Twin Cities Metro PEG Interconnect Network. CenturyLink will provide
a network to allow cities throughout the metro area to share live
programming with one another. We believe this will be the only such
network in the country.
Penalties/Liquidated Damages. CenturyLink franchise has additional
damages for violating the Build-Out and Economic Redlining provisions
of the franchise that is not in the Comcast franchise.
Build-Out. CenturyLink Franchise has a reasonable build-out
commitment based on market success. Comcast does not have a build-out
provision, as it built-out the member cities many years ago.
Line Extension. The CenturyLink franchise does not have an immediate
line extension requirement. The Commission will determine a line
extension obligation similar to Comcast’s line extension if CenturyLink
obtains a 50% penetration level in the city. Comcast has a line extension
requirement.
Since a cable franchise is granted by ordinance, the City must hold a public hearing on
the cable franchise ordinance. At a following meeting, the City should take action to
approve or deny the proposed franchise ordinance and direct staff to draft findings
consistent with its decision.
RECOMMENDATION
1. That the City hold a public hearing on the CenturyLink Cable Franchise
Ordinance.
2. At a following Council Meeting, take action on the CenturyLink Cable Franchise
Ordinance.
3. Adopt written findings of fact to support the action taken (when adopting the
Ordinance).
ATTACHMENTS
Attachment A: Draft copy of Ordinance No. 2015-008.
Attachment B: Proposed Findings of Fact.
Attachment C: Draft copy of letter from CenturyLink to Michael Bradley.
ORDINANCE NO. 2015-008
CITY OF ARDEN HILLS
CABLE TELEVISION FRANCHISE ORDINANCE
Date: _____________________, 2015
Prepared by:
Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
Telephone: (651) 379-0900
E-Mail:mike@bradleylawmn.com
Table of Contents
STATEMENT OF INTENT AND PURPOSE ............................................................................... 1
SECTION 1. SHORT TITLE AND DEFINITIONS ..................................................................... 1
1. Short Title ............................................................................................................................... 1
2. Definitions............................................................................................................................... 1
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS................................ 5
1. Grant of Franchise................................................................................................................... 5
2. Grant of Nonexclusive Authority............................................................................................ 7
3. Lease or Assignment Prohibited ............................................................................................. 7
4. Franchise Term ....................................................................................................................... 7
5. Compliance with Applicable Laws, Resolutions and Ordinances .......................................... 7
6. Rules of Grantee ..................................................................................................................... 8
7. Territorial Area Involved ........................................................................................................ 9
8. Written Notice ....................................................................................................................... 10
SECTION 3. CONSTRUCTION STANDARDS ........................................................................ 11
1. Registration, Permits and Construction Codes .................................................................. 11
2. Repair of Rights-of-Way and Property .............................................................................. 11
3. Conditions on Right-of-Way Use ...................................................................................... 12
4. Undergrounding of Cable .................................................................................................. 12
5. Installation of Facilities...................................................................................................... 13
6. Safety Requirements .......................................................................................................... 13
SECTION 4. DESIGN PROVISIONS ........................................................................................ 13
1. System Design. .................................................................................................................. 13
2. Interruption of Service ....................................................................................................... 13
3. Technical Standards ........................................................................................................... 14
4. Special Testing ................................................................................................................... 14
5. Drop Testing and Replacement .......................................................................................... 14
6. FCC Reports....................................................................................................................... 14
7. Interconnection .................................................................................................................. 14
8. Nonvoice Return Capability .............................................................................................. 15
9. Lockout Device .................................................................................................................. 15
SECTION 5. SERVICE PROVISIONS ..................................................................................... 15
1. Regulation of Service Rates .................................................................................................. 15
2. Sales Procedures ................................................................................................................... 15
ii
3. Subscriber Inquiry and Complaint Procedures ..................................................................... 15
4. Subscriber Contracts ............................................................................................................. 16
5. Refund Policy........................................................................................................................ 16
6. Late Fees ............................................................................................................................... 16
7. Office Policy ......................................................................................................................... 17
SECTION 6. ACCESS CHANNEL(S) PROVISIONS ............................................................... 17
1. Public, Educational and Government Access ....................................................................... 17
2. Charges for Use..................................................................................................................... 20
3. Access Rules ......................................................................................................................... 20
4. Access Support...................................................................................................................... 20
5. Regional Channel 6 ............................................................................................................... 20
6. State and Federal Law compliance ....................................................................................... 20
7. Future PEG Funding Obligations.......................................................................................... 20
8. Additional Payments ............................................................................................................. 21
SECTION 7. SERVICES TO CITY ............................................................................................ 21
1. Twin Cities Metro PEG Interconnect Network ................................................................. 21
2. Cable Service to Public Buildings ..................................................................................... 21
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS ................................... 22
1. Administration of Franchise ................................................................................................. 22
2. Delegated Authority .............................................................................................................. 22
3. Franchise Fee ........................................................................................................................ 22
4. Access to Records ................................................................................................................. 24
5. Reports and Maps ................................................................................................................. 24
6. Periodic Evaluation ............................................................................................................... 24
SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS ............................ 25
1. Performance Bond ................................................................................................................ 25
2. Letter of Credit ...................................................................................................................... 26
3. Indemnification of City ......................................................................................................... 28
4. Insurance ............................................................................................................................... 29
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE ................................................................................................................................ 29
1. City's Right to Revoke .......................................................................................................... 29
2. Procedures for Revocation .................................................................................................... 30
3. Abandonment of Service....................................................................................................... 30
4. Removal After Abandonment, Termination or Forfeiture .................................................... 30
iii
5. Sale or Transfer of Franchise ................................................................................................ 31
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ...................................................... 32
1. Discriminatory Practices Prohibited ..................................................................................... 32
2. Subscriber Privacy ................................................................................................................ 33
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ....................... 33
1. Unauthorized Connections or Modifications Prohibited ...................................................... 33
2. Removal or Destruction Prohibited ...................................................................................... 33
3. Penalty................................................................................................................................... 34
SECTION 13. MISCELLANEOUS PROVISIONS .................................................................... 34
1. Franchise Renewal ................................................................................................................ 34
2. Work Performed by Others ................................................................................................... 34
3. Amendment of Franchise Ordinance .................................................................................... 34
4. Compliance with Federal, State and Local Laws .................................................................. 34
5. Nonenforcement by City ....................................................................................................... 35
6. Rights Cumulative ................................................................................................................ 35
7. Grantee Acknowledgment of Validity of Franchise ............................................................. 35
8. Force Majeure ....................................................................................................................... 35
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ........ 35
1. Publication: Effective Date ................................................................................................... 35
2. Acceptance ............................................................................................................................ 36
EXHIBIT A - INDEMNITY AGREEMENT ....................................................................... Ex. A 1
ORDINANCE NO. 2015-008
AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES,
INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF ARDEN HILLS; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN
CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of Arden Hills ordains:
STATEMENT OF INTENT AND PURPOSE
Qwest Broadband Services, Inc., d/b/a CenturyLink (“Grantee”), applied for a cable franchise to
serve the City. The City will adopt separate findings related to the application and the decision
to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The
City intends, by the adoption of this Franchise, to bring about competition in the delivery of
cable services in the City.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
SECTION 1. SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the
CenturyLink Cable Franchise Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not inconsistent with
the context, words in the singular number include the plural number. The word “shall” is always
mandatory and not merely directory. The word “may” is directory and discretionary and not
mandatory.
a. “Basic Cable Service” means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational,
and governmental access programming required by the Franchise to be carried on
the basic tier. Basic Cable Service as defined herein shall not be inconsistent with
47 U.S.C. § 543(b)(7).
b. “City” means City of Arden Hills, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully appointed
designee.
c. “City Council” means the governing body of the City.
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d. “Cable Service” or “Service” means the provision of communications and/or
entertainment services as “Cable Service” is defined by Minn. Stat. § 238.01 et
seq. and 47 U.S.C § 521 et seq., as may be amended from time to time, but
including Institutional Network services. Cable Service shall also include any
video programming service for which a franchise from a local government is
permitted under state law.
e. “Cable System” or “System” means a system of antennas, cables, wires, lines,
towers, waveguides, or other conductors, Converters, equipment, or facilities
located in City and designed and constructed for the purpose of producing,
receiving, transmitting, amplifying, or distributing audio, video, and data. System
as defined herein shall not be inconsistent with the definitions set forth in Minn.
Stat. § 238.02, subd. 3 and 47 U.S.C. § 522(7). This definition shall include any
facility that is a “cable system” under federal law or a “cable communications
system” under state law.
f. “Commercial Need” or “Marketplace Need” means such need or market demand
which City and Grantee may jointly determine requires action or performance by
Grantee as specifically set forth in this Franchise. Such determination shall be
based upon evidence and information presented by City, Grantee and other
interested parties at a duly noticed public proceeding. Grantee shall have an
opportunity to present evidence regarding the level of market demand, the cost of
meeting such demand and the availability of technologies to meet such demand.
Any decision regarding Commercial or Marketplace Need which requires action
by Grantee shall not be unreasonable.
g. “Commission” means the North Suburban Communications Commission, a
municipal Joint Powers Commission.
h. “Converter” means an electronic device which converts signals to a frequency
acceptable to a television receiver of a Subscriber and by an appropriate selector
permits a Subscriber to view all Subscriber signals included in the service.
i. “Drop” means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable of the System.
j. “FCC” means the Federal Communications Commission and any legally
appointed, designated or elected agent or successor.
k. “Franchise” or “Cable Franchise” means this ordinance and the regulatory and
contractual relationship established hereby.
l. “Grantee” is Qwest Broadband Services, Inc., d/b/a CenturyLink, its lawful
successors, transferees or assignees.
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m. “Gross Revenues” shall be defined as and shall be construed broadly to include all
revenues derived directly or indirectly by Grantee and/or an Affiliate that is a
cable operator of the Cable System, from the operation of Grantee’s Cable System
to provide Cable Services within the City (including cash, credits, property or
other consideration of any kind or nature). Gross revenues include, by way of
illustration and not limitation: monthly fees for Cable Services, regardless of
whether such Cable Services are provided to residential or commercial customers,
including revenues derived from the provision of all Cable Services (including but
not limited to pay or premium Cable Services, digital Cable Services, pay-per-
view, pay-per-event and video-on-demand Cable Services); installation,
reconnection, downgrade, upgrade or similar charges associated with changes in
subscriber Cable Service levels; fees paid to Grantee for channels designated for
commercial/leased access use; converter, remote control, lockout device and other
Cable Service equipment rentals and/or leases or sales; advertising revenues
received or derived by Grantee and/or its Affiliates, including but not limited to,
rep fees, Affiliate fees, rebates and commissions, but excluding unaffiliated
agency fees; late fees, convenience fees and administrative fees; revenues from
program guides; franchise fees; and commissions from home shopping channels
and other revenue sharing arrangements. Gross Revenues subject to franchise
fees shall include revenues derived from sales of advertising that run on Grantee’s
Cable System within the City and shall be allocated on a pro rata basis using total
Cable Service subscribers reached by the advertising. Additionally, Grantee
agrees that Gross Revenues subject to franchise fees shall include all commissions
paid to third parties associated with sales of advertising on the Cable System
within the City allocated according to this paragraph using total Cable Service
subscribers reached by the advertising. Gross revenues shall not include: actual
bad debt write-offs, provided, however, that all or part of any such actual bad debt
that is written off but subsequently collected shall be included in Gross Revenues
in the period collected; and any taxes on services furnished by Grantee imposed
by any municipality, state or other governmental unit, provided that franchise fees
shall not be regarded as such a tax.
(i) To the extent revenues are received by Grantee for the provision of a
discounted bundle of services which includes Cable Services and non-
Cable Services, Grantee shall calculate revenues to be included in Gross
Revenues using a methodology that allocates revenue on a pro rata basis
when comparing the bundled service price and its components to the sum
of the most recent published rate card rate for the components, except it is
expressly understood that equipment may be subject to inclusion in the
bundled price at full rate card value. This calculation shall be applied to
every bundled service package containing Cable Service from which
Grantee receives or derives revenues in the City, and must be updated
within sixty (60) days of the date any rate change for cable and/or non-
cable services is implemented for a service package containing Cable
Service or the date any rate change is implemented for any service
4
included in a service package that contains Cable Service. The NSCC
reserves its right to review and to challenge Grantee’s calculations.
(ii) For purposes of this definition, the term “Affiliates” means any person(s)
and/or entity(ies) who own or control, are owned or controlled by or are
under common ownership or control with Grantee but does not include
affiliated entities that are not directly or indirectly involved with the
programming, use, management, operation, construction, repair and/or
maintenance of Grantee Corporation’s cable systems.
(iii) Resolution of any disputes over the classification of revenue should first
be attempted by agreement of the Parties, but should no resolution be
reached, the Parties agree that reference shall be made to generally
accepted accounting principles (“GAAP”) as promulgated and defined by
the Financial Accounting Standards Board (“FASB”), Emerging Issues
Task Force (“EITF”) and/or the U.S. Securities and Exchange
Commission (“SEC”). Notwithstanding the forgoing, the City and/or the
Commission reserves its right to challenge Grantee’s calculation of Gross
Revenues, including the use or interpretation of GAAP as promulgated
and defined by the FASB, EITF and/or the SEC.
n. “Household” means a distinct address in the Qwest Corporation (“QC”) network
database, whether a residence or small business, subscribing to or being offered
cable service. Grantee represents and warrants that it has access to the QC
network database and shall demonstrate to the City’s reasonable satisfaction how
the data required in Section 2 are calculated and reported using the QC network
database.
o. “Installation” means the connection of the System from feeder cable to the point
of connection with the Subscriber Converter or other terminal equipment.
p. “Lockout Device” means an optional mechanical or electrical accessory to a
Subscriber's terminal which inhibits the viewing of a certain program, certain
channel, or certain channels provided by way of the Cable Communication
System.
q. “North Suburbs Access Corporation” means that certain non-profit corporation or
its lawful successor, designee, or assignee, which is delegated authority and
responsibility for providing certain community programming functions including
public access.
r. “North Suburban System” means the Cable System located in those municipalities
collectively comprising the North Suburban Cable Commission.
5
s. “Pay Television” means the delivery over the System of pay-per-channel or pay-
per-program audio-visual signals to Subscribers for a fee or charge, in addition to
the charge for Basic Cable Service or Cable Programming Services.
t. “Person” is any person, firm, partnership, association, corporation, company, or
other legal entity, but does not include the City or Commission.
u. “Right-of-Way” or “Rights-of-Way” means the area on, below, or above any real
property in City in which the City has an interest including, but not limited to any
street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place,
area, or real property owned by or under the control of City, including other
dedicated Rights-of-Way for travel purposes and utility easements.
v. “Right-of-Way Ordinance” means the ordinance codifying requirements
regarding regulation, management and use of Rights-of-Way in City, including
registration and permitting requirements.
w. “Set Top Box” means an electronic device (sometimes referred to as a receiver)
which may serve as an interface between a System and a Subscriber’s television
monitor and which may convert signals to a frequency acceptable to a television
monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber
to view all signals of a particular service
x. “Subscriber” means any Person who lawfully receives service via the System. In
the case of multiple office buildings or multiple dwelling units, the “Subscriber”
means the lessee, tenant or occupant.
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS
1. Grant of Franchise.
a. This Franchise is granted pursuant to the terms and conditions contained herein.
b. Nothing in this Franchise shall be deemed to waive the lawful requirements of
any generally applicable City ordinance existing as of the Effective Date.
c. Each and every term, provision or condition herein is subject to the provisions of
state law, federal law, and local ordinances and regulations. The Municipal Code
of the City, as the same may be amended from time to time, is hereby expressly
incorporated into this Franchise as if fully set out herein by this reference.
Notwithstanding the foregoing, the City may not unilaterally alter the material
rights and obligations of Grantee under this Franchise.
d. This Franchise shall not be interpreted to prevent the City from imposing
additional lawful conditions, including additional compensation conditions for use
of the Rights-of-Way, should Grantee provide service other than cable service.
6
e. The parties acknowledge that Grantee intends that Qwest Corporation (“QC”), an
affiliate of Grantee, will be primarily responsible for the construction and
installation of the facilities in the Rights-of-Way, constituting the cable
communications system, which will be utilized by Grantee to provide cable
service. Grantee promises, as a condition of exercising the privileges granted by
this Franchise, that any affiliate of the Grantee, including QC, directly or
indirectly involved in the construction, management, or operation of the cable
communications system will comply with all applicable federal, state and local
laws, rules and regulations regarding the use of the City’s rights of way. The
City agrees that to the extent QC violates any applicable laws, rules and
regulations, the City shall first seek compliance directly from QC. In the event,
the City cannot resolve these violations or disputes with QC, or any other affiliate
of Grantee, then the City may look to Grantee to ensure such compliance. Failure
by Grantee to ensure QC’s or any other affiliate’s compliance with applicable
laws, rules and regulations shall be deemed a material breach of this Franchise by
Grantee. To the extent Grantee constructs and installs facilities in the rights-of-
way, such installation will be subject to the terms and conditions contained herein.
f. No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a
substitute for:
(i) Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the
ordinances and laws of the City;
(ii) Any permit, agreement, or authorization required by the City for Right-of-
Way users in connection with operations on or in Rights-of-Way or public
property including, by way of example and not limitation, street cut
permits; or
(iii) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this
Franchise including, without limitation, permits and agreements for
placing devices on poles, in conduits or in or on other structures.
g. This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Way in which the City has an actual interest. It is not a warranty of title
or interest in any Right-of-Way; it does not provide the Grantee with any interest
in any particular location within the Right-of-Way; and it does not confer rights
other than as expressly provided in the grant hereof.
h. This Franchise does not authorize Grantee to provide telecommunications service,
or to construct, operate or maintain telecommunications facilities. This Franchise
is not a bar to imposition of any lawful conditions on Grantee with respect to
7
telecommunications, whether similar, different or the same as the conditions
specified herein. This Franchise does not relieve Grantee of any obligation it may
have to obtain from the City an authorization to provide telecommunications
services, or to construct, operate or maintain telecommunications facilities, or
relieve Grantee of its obligation to comply with any such authorizations that may
be lawfully required.
2. Grant of Nonexclusive Authority.
a. The Grantee shall have the right and privilege, subject to the permitting and other
lawful requirements of City ordinance, rule or procedure, to construct, erect, and
maintain, in, upon, along, across, above, over and under the Rights-of-Way in
City a Cable System and shall have the right and privilege to provide Cable
Service. The System constructed and maintained by Grantee or its agents shall
not interfere with other uses of the Rights-of-Way. Grantee shall make use of
existing poles and other above and below facilities available to Grantee to the
extent it is technically and economically feasible to do so.
b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be
used by Grantee if City determines that such use is inconsistent with the terms,
conditions, or provisions by which such Right-of-Way was created or dedicated,
or with the present use of the Right-of-Way.
c. This Franchise shall be nonexclusive, and City reserves the right to grant a
franchise to any Person at any time during the period of this Franchise for the
provision of Cable Service. The terms and conditions of any such franchise shall
be, when taken as a whole, no less burdensome or more beneficial than those
imposed upon Grantee pursuant to this Franchise.
3. Lease or Assignment Prohibited. No Person may lease Grantee’s System for the
purpose of providing Service until and unless such Person shall have first obtained and shall
currently hold a valid Franchise or other lawful authorization containing substantially similar
burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be
subject to and in accordance with the requirements of Section 10, Paragraph 5.
4. Franchise Term. This Franchise shall be in effect for a period of five (5) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein
provided.
5. Compliance with Applicable Laws, Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and obligations of
Grantee with respect to the provision of Cable Service and operation of the
System in City. However, the Grantee shall at all times during the term of this
Franchise be subject to all lawful exercise of the police power, statutory rights,
local ordinance-making authority, and eminent domain rights of City. Except as
8
provided below, any modification or amendment to this Franchise, or the rights or
obligations contained herein, must be within the lawful exercise of City’s police
power, in which case the provision(s) modified or amended herein shall be
specifically referenced in an ordinance of the City authorizing such amendment or
modification. This Franchise may also be modified or amended with the written
consent of Grantee as provided in Section 13, Paragraph 3 herein.
b. Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights-of-Way within City
which may have the effect of superseding, modifying or amending the terms of
Section 3 and/or Section 8, Paragraph 5(c) herein, except that Grantee shall not,
through application of such City ordinance or regulation of Rights-of-Way, be
subject to additional burdens with respect to usage of Rights-of-Way which
exceed burdens on similarly situated Rights-of-Way users.
c. In the event of any conflict between Section 3 and/or Section 8, Paragraph 5(c) of
this Franchise and any City ordinance or regulation which addresses usage of the
Rights-of-Way, the conflicting terms in Section 3 and/or Section 8, Paragraph
5(c) of this Franchise shall be superseded by such City ordinance or regulation,
except that Grantee shall not, through application of such City ordinance or
regulation of Rights-of-Way, be subject to additional burdens with respect to
usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-
Way users.
d. In the event any City ordinance or regulation which addresses usage of the
Rights-of-Way adds to, modifies, amends, or otherwise differently addresses
issues addressed in Section 3 and/or Section 8, Paragraph 5(c) of this Franchise,
Grantee shall comply with such ordinance or regulation of general applicability,
regardless of which requirement was first adopted except that Grantee shall not,
through application of such City ordinance or regulation of Rights-of-Way, be
subject to additional burdens with respect to usage of Rights-of-Way which
exceed burdens on similarly situated Rights-of-Way users.
e. In the event Grantee cannot determine how to comply with any Right-of-Way
requirement of City, whether pursuant to this Franchise or other requirement,
Grantee shall immediately provide written notice of such question, including
Grantee’s proposed interpretation, to the City with copy to the North Suburban
Cable Communications Commission, in accordance with Section 2, Paragraph 8.
The City or Commission shall provide a written response within fourteen (14)
days of receipt indicating how the requirements cited by Grantee apply. Grantee
may proceed in accordance with its proposed interpretation in the event a written
response is not received within seventeen (17) days of mailing or delivering such
written question.
6. Rules of Grantee. The Grantee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as shall be reasonably
9
necessary to enable said Grantee to exercise its rights and perform its obligations under this
Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that
such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the
rules of the FCC, the laws of the State of Minnesota, City, or any other body having lawful
jurisdiction.
7. Territorial Area Involved. This Franchise is granted for the corporate boundaries
of City, as it exists from time to time. In the event of annexation by City, or as development
occurs, any new territory shall become part of the territory for which this Franchise is granted,
subject Paragraph 7(a) (Reasonable Build-Out of the Entire City) below. Access to cable
service shall not be denied to any group of potential residential cable Subscribers because of the
income of the residents of the area in which such group resides. .
a. Reasonable Build-Out of the Entire City. The Parties recognize that Grantee, or
its affiliate, has constructed a legacy communications system throughout the City
that is capable of providing voice grade service. The Parties further recognize that
Grantee or its affiliate must expend a significant amount of capital to upgrade its
existing legacy communications system and to construct new facilities to make it
capable of providing cable service. Further, there is no promise of revenues from
cable service to offset these capital costs. The Parties agree that the following is a
reasonable build-out schedule taking into consideration Grantee’s market success
and the requirements of Minnesota state law.
(i) Complete Equitable Build-Out. Grantee aspires to provide cable service
to all households within the City by the end of the initial term of this
Franchise. In addition, Grantee commits that a significant portion of its
investment will be targeted to areas below the median income in the City.
(ii) Initial Minimum Build-Out Commitment. Grantee agrees to be capable of
serving a minimum of fifteen percent (15%) of the City’s households with
cable service during the first two (2) years of the initial Franchise term,
provided, however that Grantee will make its best efforts to complete such
deployment within a shorter period of time. This initial minimum build-
out commitment shall include deployment to households equitably
throughout the City and to a significant number of households below the
medium income in the City. Nothing in this Franchise shall restrict
Grantee from serving additional households in the City with cable service;
(iii) Quarterly Meetings. Commencing January 1, 2016, and continuing
throughout the term of this Franchise, Grantee shall meet quarterly with
the Executive Director of the Commission. At each quarterly meeting,
Grantee shall present information acceptable to the City/Commission (to
the reasonable satisfaction of the City/Commission) showing the number
of households Grantee is presently capable of serving with cable service
and the number of households that Grantee is actually serving with cable
service. Grantee shall also present information acceptable to the
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City/Commission (to the reasonable satisfaction of the City/Commission)
that Grantee is equitably serving all portions of the City in compliance
with this Section 2, Paragraph 7. In order to permit the City/Commission
to monitor and enforce the provisions of this section and other provisions
of this Franchise, the Grantee shall promptly, upon reasonable demand,
show to the City/Commission (to the City/Commission’s reasonable
satisfaction) maps and provide other documentation showing exactly
where within the City the Grantee is currently providing cable service;
(iv) Additional Build-Out Based on Market Success. If, at any quarterly
meeting, Grantee is actually serving twenty seven and one-half percent
(27.5%) of the Households capable of receiving cable service, then
Grantee agrees the minimum build-out commitment shall increase to
include all of the Households then capable of receiving cable service plus
an additional fifteen (15%) of the total households in the City, which
Grantee agrees to serve within two (2) years from the quarterly meeting;
provided, however, the Grantee shall make its best efforts to complete
such deployment within a shorter period of time. For example, if, at a
quarterly meeting with the Commission’s Executive Director, Grantee
shows that it is capable of serving sixty percent of the households in the
City with cable service and is actually serving thirty percent of those
households with cable service, then Grantee will agree to serve an
additional fifteen percent of the total households in the City no later than 2
years after that quarterly meeting (a total of 75% of the total households).
This additional build-out based on market success shall continue until
every household in the City is served;
(v) Line Extension. Grantee shall not have a line extension obligation until
the first date by which Grantee is providing Cable Service to more than
fifty percent (50%) of all subscribers receiving facilities based cable
service from both the Grantee and any other provider(s) of cable service
within the City. At that time, the City/Commission, in its reasonable
discretion and after meeting with Grantee, shall determine the timeframe
to complete deployment to the remaining households in the City, including
a density requirement that is the same or similar to the requirement of the
incumbent franchised cable operator.
8. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any officer of
Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in
the United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, addressed to the party to whom notice is being given, as follows:
If to City: City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
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Attention: City Manager/Administrator
With copies to: North Suburban Cable Communications Commission
2670 Arthur Street
Roseville, Minnesota 55113
And to: Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, Minnesota 55125
If to Grantee: Qwest Broadband Services, Inc., d/b/a CenturyLink
1801 California St., 10th Flr.
Denver, CO 80202
Attn: Public Policy
With copies to: Qwest Broadband Services Inc., d/b/a CenturyLink
200 S. 5th Street, 21st Flr.
Minneapolis, MN 55402
Attn: Public Policy
Such addresses may be changed by either party upon notice to the other party given as provided
in this Section.
SECTION 3. CONSTRUCTION STANDARDS
1. Registration, Permits and Construction Codes
a. Grantee shall strictly adhere to all state and local laws and building and zoning
codes currently or hereafter applicable to location, construction, installation,
operation or maintenance of the System in City and give due consideration at all
times to the aesthetics of the property.
b. Failure to obtain permits or comply with permit requirements shall be grounds for
revocation of this Franchise or any lesser sanctions provided herein or in any
other applicable law.
2. Repair of Rights-of-Way and Property. Any and all Rights-of-Way, or public or private
property, which are disturbed or damaged during the construction, repair, replacement,
relocation, operation, maintenance, expansion, extension or reconstruction of the System
shall be promptly and fully restored by Grantee, at its expense, to the same condition as
that prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to
promptly perform the restoration required herein, after written request of City and
reasonable opportunity to satisfy that request, City shall have the right to put the Rights-
of-Way, public, or private property back into good condition. In the event City
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determines that Grantee is responsible for such disturbance or damage, Grantee shall be
obligated to fully reimburse City for such restoration.
3. Conditions on Right-of-Way Use.
a. Nothing in this Franchise shall be construed to prevent City from constructing,
maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right-of-Way; constructing, laying down,
repairing, maintaining or relocating any water mains; or constructing,
maintaining, relocating, or repairing any sidewalk or other public work.
b. All System transmission and distribution structures, lines and equipment erected
by the Grantee within City shall be located so as not to obstruct or interfere with
the use of Rights-of-Way except for normal and reasonable obstruction and
interference which might occur during construction and to cause minimum
interference with the rights of property owners who abut any of said Rights-of-
Way and not to interfere with existing public utility installations.
c. If at any time during the period of this Franchise City shall elect to alter or change
the grade or location of any Right-of-Way, the Grantee shall, at its own expense,
upon reasonable notice by City, remove and relocate its poles, wires, cables,
conduits, manholes and other fixtures of the System and in each instance comply
with the reasonable and lawful standards and specifications of City.
d. The Grantee shall not place poles, conduits, or other fixtures of System above or
below ground where the same will interfere with any gas, electric, telephone,
water or other utility fixtures and all such poles, conduits, or other fixtures placed
in any Right-of-Way shall be so placed as to comply with all reasonable and
lawful requirements of City.
e. The Grantee shall, upon request of any Person holding a moving permit issued by
City, temporarily move its wires or fixtures to permit the moving of buildings
with the expense of such temporary removal to be paid by the Person requesting
the same, and the Grantee shall be given not less than ten (10) days advance
written notice to arrange for such temporary changes.
f. The Grantee shall have the authority to trim any trees upon and overhanging the
Rights-of-Way of City so as to prevent the branches of such trees from coming in
contact with the wires and cables or other facilities of the Grantee.
g. Grantee shall use its best efforts to give reasonable prior notice to any adjacent
private property owners who will be negatively affected or impacted by Grantee’s
work in the Rights-of-Way.
4. Undergrounding of Cable. Unless otherwise required by action of City Council, Grantee
must place newly constructed facilities underground in areas of City where all other
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utility lines are placed underground. Amplifier boxes and pedestal mounted terminal
boxes may be placed above ground if existing technology reasonably requires, but shall
be of such size and design and shall be so located as not to be unsightly or unsafe, all
pursuant to plans submitted with Grantee’s permit application(s) and approved by City.
5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted terminal
boxes, similar structures, or other wire-holding structures shall be erected or installed by
the Grantee without required permit of City.
6. Safety Requirements.
a. The Grantee shall at all times employ ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage or
injuries.
b. The Grantee shall install and maintain its System and other equipment in
accordance with City’s codes and the requirements of the National Electric Safety
Code and all other applicable FCC, state and local regulations, and in such
manner that they will not interfere with City communications technology related
to health, safety and welfare of the residents.
c. All System structures, and lines, equipment and connections in, over, under and
upon the Rights-of-Way of City, wherever situated or located, shall at all times be
kept and maintained in good condition, order, and repair so that the same shall not
menace or endanger the life or property of City or any Person.
SECTION 4. DESIGN PROVISIONS
1. System Design.
a. Grantee shall develop, construct and operate a state-of-the-art cable
communications system, constructed in accordance with Section 2, Paragraph
(7)(a).
b. All final programming decisions remain the discretion of Grantee, provided that
Grantee notifies City and Subscribers in writing thirty (30) days prior to any
channel additions, deletions, or realignments, and further subject to Grantee’s
signal carriage obligations hereunder and pursuant to 47 U.S.C. §§ 531-536, and
further subject to City's rights pursuant to 47 U.S.C. § 545. Location and
relocation of the PEG Channels shall be governed by Section 6, Paragraph 1(d).
2. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of minimum use
of the System. If service is interrupted for a total period of more than forty eight (48) hours in
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any thirty (30) day period, Subscribers shall be credited pro rata for such interruption, upon
request.
3. Technical Standards. The technical standards used in the operation of the System
shall comply, at minimum, with the technical standards promulgated by the FCC relating to
Cable Systems pursuant to Title 47, Sections 76.601 to 76.617, as applicable, as may be
amended or modified from time to time, which regulations are expressly incorporated herein by
reference.
4. Special Testing.
a. The City shall have the right to inspect all construction or installation work
performed pursuant to the provisions of the Franchise. In addition, the
City/Commission may require special testing of a location or locations within the
System if there is a particular matter of controversy or unresolved complaints
regarding such construction or installation work or pertaining to such location(s).
Demand for such special tests may be made on the basis of complaints received or
other evidence indicating an unresolved controversy or noncompliance. Such
tests shall be limited to the particular matter in controversy or unresolved
complaints. The City shall endeavor to so arrange its request for such special
testing so as to minimize hardship or inconvenience to Grantee or to the
Subscribers caused by such testing.
b. Before ordering such tests, Grantee shall be afforded thirty (30) days following
receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. The City shall meet with Grantee
prior to requiring special tests to discuss the need for such and, if possible,
visually inspect those locations which are the focus of concern. If, after such
meetings and inspections, City wishes to commence special tests and the thirty
(30) days have elapsed without correction of the matter in controversy or
unresolved complaints, the tests shall be conducted at Grantee’s expense by a
qualified engineer selected by City and Grantee, and Grantee shall cooperate in
such testing.
5. Drop Testing and Replacement. The Grantee shall replace, at no separate charge
to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing
the full System capacity at the time a Subscriber upgrades.
6. FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall upon request of City also be filed with the City or its designee within ten (10) days of
the conduct of such tests.
7. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St.
Anthony shall continue to be completely interconnected. In addition, Grantee shall make
available for interconnection purposes one (1) channel for forward video purposes, one (1) six
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(6) MHz channel for return video purposes, one (1) channel for forward data or other purposes,
and one (1) channel for return data or other purposes between all Systems adjacent to the North
Suburban System and under common ownership with Grantee. This commitment may be
satisfied through the provision of the Twin Cities Metro PEG Interconnect Network, provided
Grantee agrees to allow all cities adjacent to the North Suburban System to participate.
8. Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
9. Lockout Device. Upon the request of a Subscriber, Grantee shall make available
a Lockout Device at no additional charge to Subscribers.
SECTION 5. SERVICE PROVISIONS
1. Regulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment, or any
other communications service provided over the System to the extent allowed
under federal or state law(s). City reserves the right to regulate rates for any
future services to the extent permitted by law.
b. Grantee shall give City and Subscribers written notice of any change in a rate or
charge at least one billing cycle prior to the effective date of the change. Bills
must be clear, concise, and understandable, with itemization of all charges.
2. Sales Procedures. Grantee shall not exercise deceptive sales procedures when
marketing any of its services within City. In its initial communication or contact with a non-
Subscriber and in all general solicitation materials marketing the Grantee or its services as a
whole, Grantee shall inform the non-Subscriber of all levels of service available, including the
lowest priced and free service tiers. Grantee shall have the right to market door-to-door during
reasonable hours consistent with local ordinances and regulation.
3. Subscriber Inquiry and Complaint Procedures.
a. Grantee shall have a publicly listed toll-free telephone number which shall be
operated so as to receive Subscriber complaints and requests on a twenty-four
(24) hour-a-day, seven (7) days-a-week, 365 days a year basis. During normal
business hours, trained representatives of Grantee shall be available to respond to
Subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel to
respond in a timely manner to schedule service calls and answer Subscriber
complaints or inquiries in a manner consistent with regulations adopted by the
FCC and City where applicable and lawful. Under normal operating conditions,
telephone answer time by a customer representative, including wait time, shall not
exceed thirty (30) seconds when the connection is made. If the call needs to be
16
transferred, transfer time shall not exceed thirty (30) seconds. These standards
shall be met no less than ninety (90) percent of the time under normal operating
conditions, measured on a quarterly basis. Under normal operating conditions,
the customer will receive a busy signal less than three (3) percent of the time.
Grantee shall respond to written complaints with copy to City or its designee
within thirty (30) days.
c. Subject to Grantee’s obligations pursuant to law regarding privacy of certain
information, Grantee shall prepare and maintain written records of all complaints
received from City and the resolution of such complaints, including the date of
such resolution. Such written records shall be on file at the office of Grantee.
Grantee shall provide City with a written summary of such complaints and their
resolution upon request of City. As to Subscriber complaints, Grantee shall
comply with FCC record-keeping regulations and make the results of such record-
keeping available to City upon request.
d. Subscriber requests for repairs shall be performed within thirty-six (36) hours of
the request unless conditions beyond the control of Grantee prevent such
performance. Grantee may schedule appointments for Installations and other
service calls either at a specific time or, at a maximum, during a four hour time
block during normal business hours. Grantee may also schedule service calls
outside normal business hours for the convenience of customers. Grantee shall
use its best efforts to not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment. If the installer
or technician is late and will not meet the specified appointment time, he/she must
use his/her best efforts to contact the customer and reschedule the appointment at
the sole convenience of the customer. Service call appointments must be met in a
manner consistent with FCC standards.
4. Subscriber Contracts. Grantee shall file with City any standard form Subscriber
contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a
document completely and concisely stating the length and terms of the Subscriber contract
offered to customers. The length and terms of any Subscriber contract(s) shall be available for
public inspection during normal business hours.
5. Refund Policy. In the event a Subscriber establishes or terminates service and
receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of
the number of days in the period for which service was rendered to the number of days in the
billing.
6. Late Fees. Fees for the late payment of bills shall not be assessed until after the
service has been fully provided and, as of the due date of the bill notifying Subscriber of an
unpaid balance, the bill remains unpaid. Late Fees may not exceed the actual costs to Grantee of
late payment of bills and the servicing and collecting of such accounts.
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7. Office Policy. The Grantee shall install, maintain and operate, throughout the
term of this Franchise, a single staffed payment center with regular business hours in the
Commission Franchise Area at a location agreed upon by the Commission and the Grantee.
Additional payment centers may be installed at other locations. The purpose of the payment
center(s) shall be to receive Subscriber payments. All subscriber remittances at a payment center
shall be posted to Subscribers’ accounts within forty-eight (48) hours of remittance. Subscribers
shall not be charged a late fee or otherwise penalized for any failure by the Grantee to properly
credit a Subscriber for a payment timely made. The Grantee shall, at the request of and at no
delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Set
Top Boxes and remote controls). After consultation with the Commission, the Grantee shall
provide Subscribers with at least sixty (60) days’ prior notice of any change in the location of the
customer service center serving the North Suburban System, which notice shall apprise
Subscribers of the customer service center’s new address, and the date the changeover will take
place.
SECTION 6. ACCESS CHANNEL(S) PROVISIONS
1. Public, Educational and Government Access.
a. City or its designee is hereby designated to operate, administer, promote, and
manage access (public, education, and government programming) (hereinafter
"PEG access") programming on the Cable System.
b. Within one hundred twenty (120) days from the Effective Date, the Grantee shall
provide sixteen (16) channels (the “Access Channels”) to be used for PEG access
programming on the basic service tier. The City and Commission have the sole
discretion to designate the use of each Access Channel. Grantee shall provide a
technically reliable path for upstream and downstream transmission of the Access
Channels, which will in no way degrade the technical quality of the Access
Channels, from an agreed upon demarcation point at the Commission’s Master
Control Center at the Commission’s office, and from any other designated Access
providers’ locations, to Grantee’s headend, on which all Access Channels shall be
transported for distribution on Grantee’s subscriber network. The Access
Channels shall be delivered without degradation to subscribers in the technical
format (e.g. HD or SD) as delivered by the Commission and any designated
Access provider to Grantee at each demarcation point at the Commission Office
and at the designated Access providers’ locations.
(1) All of the Access Channels will be made available through a multi-
channel display (i.e. a picture in picture feed) on a single TV screen called
a “mosaic” (the “North Suburban Mosaic”), where a cable subscriber can
access via an interactive video menu one of any of the sixteen Access
Channels. The North Suburban Mosaic will be located on Channel 15.
The sixteen Access Channels will be located at Channels 8010-8025. The
North Suburban Mosaic will contain only Access Channels authorized by
the Commission.
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(2) Grantee will make available to the Commission the ability to place
detailed scheduled Access Channel programming information on the
interactive channel guide by putting the Commission in contact with the
electronic programing guide vendor (“EPG provider”) that provides the
guide service (currently Gracenote). Grantee will be responsible for
providing the designations and instructions necessary to ensure the Access
Channels will appear on the programming guide throughout the City and
any necessary headend costs associated therewith. The Commission shall
be responsible for providing programming information to the EPG
provider.
(3) For purposes of this Franchise, the term channel shall be as commonly
understood and is not any specific bandwidth amount. The signal quality
of the Access Channels shall be the same as the local broadcast channels,
provided such signal quality is delivered to Grantee at the Access
Channels’ respective demarcation points.
(4) Grantee will provide, at no cost to the Commission, air time on non-
Access channels during periods in which ample unsold/unused air time on
such channels exists for City public service announcements (PSAs). The
Commission will provide a 30-second PSA prior to the start of each month
on a mutually agreed-upon schedule.
(5) In the event Grantee makes any change in the Cable System and related
equipment and facilities or in its signal delivery technology, which
requires the City or Commission to obtain new equipment in order to be
compatible with such change for purposes of transport and delivery of the
Access Channels to the Grantee’s headend, Grantee shall, at its own
expense and free of charge to the City, the Commission, or its designated
entities, purchase such equipment as may be necessary to facilitate the
cablecasting of the Access Channels in accordance with the requirements
of the Franchise.
(6) Neither the Grantee nor the officers, directors, or employees of the
Grantee is liable for any penalties or damages arising from programming
content not originating from or produced by the Grantee and shown on any
public access channel, education access channel, government access
channel, leased access channel, or regional channel.
(7) Within one hundred twenty (120) days of a written request from the
Commission, Grantee shall make available as part of Basic Service to all
Subscribers a PEG Access Video-on Demand (PEG-VOD) Service and
maintain a PEG-VOD system. The PEG-VOD system shall be connected
by the Grantee such that:
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(i) Twenty-five (25) hours of programming per member city of the
Commission, or such greater amount as may be mutually agreed to
by the parties, as designated and supplied by the City,
Commission, or its Designated Access Provider to the Grantee may
be electronically transmitted and/or transferred and stored on the
PEG-VOD system; and
(ii) A database of that programming may be efficiently searched and a
program requested and viewed over the PEG-VOD system by any
Subscriber in the City; and
(iii) Programming submitted for placement on the PEG-VOD system,
shall be placed on and available for viewing from the PEG-VOD
system within forty-eight (48) hours of receipt of said
programming;
(iv) The hardware and software described in Subsection (8) below,
shall be in all respects of the same or better technical quality as the
hardware and software utilized by Grantee in the provision of any
other video on demand services offered over the Cable System,
and shall be upgraded at Grantee’s cost, when new hardware or
software is utilized on Grantee’s Cable System for other video on
demand services. Grantee shall provide reasonable technical
assistance to allow for proper use and operation when encoding
hardware or software is installed and/or upgraded at City’s
facilities.
(8) To ensure compatibility and interoperability, the Grantee shall supply and
maintain all necessary hardware and software to encode, transmit and/or
transfer Government Access programming from the City to the PEG-VOD
system. The City shall be responsible for all monitoring of any equipment
provided under this Section, and notifying Grantee of any problems.
Grantee shall provide all technical support and maintenance for the
equipment provided to the City by Grantee under this Section. After
notification of any equipment problems, Grantee shall diagnose and
resolve the problem within forty eight (48) hours. Major repairs which
cannot be repaired within the forty eight (48) hour timeframe shall be
completed within seven (7) days of notice, unless, due to Force Majeure
conditions, a longer time is required. “Major repairs” are those that
require equipment to be specially obtained in order to facilitate the repairs.
The quality of signal and the quality of service obtained by a Subscriber
utilizing the PEG-VOD service shall meet or exceed the quality standards
established for all other programming provided by the Grantee and as
established elsewhere in this Franchise Agreement.
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c. All residential Subscribers who receive all or any part of the total services offered
on the System shall be eligible to receive the Access Channels at no additional
charge. City may rename, reprogram, or otherwise change the use of these
channels in its sole discretion, provided such use is non-commercial, lawful, and
retains the general purpose of the provision of community programming. Nothing
herein shall diminish the City's rights to secure additional channels pursuant to
Minn. Stat. § 238.084, which is expressly incorporated herein by reference. City
shall provide ninety (90) days prior written notice to Grantee of City's intent to
activate access channels.
d. Grantee may not move or otherwise change the channel number or location of any
public or government access or community program channel, including the North
Suburban Mosaic channel, without the written approval of the City or its
designee. Upon six (6) months’ notice to City, any other access channel may be
moved by Grantee, but in no event more than once every two (2) years unless
otherwise allowed by City, provided Grantee pays all reasonable costs or
expenses arising out of the channel move including, but not limited to, equipment
necessary to effect the change at the programmer’s production or receiving
facility (school frequency routing equipment, etc.), signage, letterhead, business
cards, and reasonable marketing or other constituency notification costs. This
paragraph shall not apply to Regional Channel 6.
2. Charges for Use. Channel time and playback of programming on the PEG access
and community program channel(s) must be provided without charge to City and the public.
3. Access Rules. City, or its designee, shall implement rules for use of any access
channel(s).
4. Access Support. Grantee shall pay a PEG Fee of $4.15/subscriber/month from the
effective date until the franchise renews. Starting with the 2016 calendar year, the City may
elect to increase this fee based on the Consumer Price Index. Any such election must be made
in writing to the Franchisee no later than September 1st prior to the year in which the increase
shall apply. In no event shall the PEG Fee be in an amount different from the incumbent cable
provider. In the event the incumbent recovers from subscribers a higher, or lower, PEG fee,
Grantee will increase, or decrease, its PEG fee upon ninety (90) days written notice from the
City. The PEG fee may be used for operational or capital support of PEG programming.
5. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for
uniform regional channel usage.
6. State and Federal Law compliance. Satisfaction of the requirements of this
Section 6 satisfies any and all of Grantee’s state and federal law requirements of Grantee with
respect to PEG access.
7. Future PEG Funding Obligations. Grantee agrees that financial support for PEG
arising from or relating to the obligations set forth in this Section shall in no way modify or
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otherwise affect Grantee's obligations to pay Franchise Fees to City. Grantee agrees that
although the sum of Franchise Fees plus the payments set forth in this Section may total more
than five percent (5%) of Grantee's Gross Revenues in any 12-month period, the additional
commitments shall not be offset or otherwise credited in any way against any Franchise Fee
payments under this Franchise Agreement.
8. Additional Payments. If the incumbent franchised cable operator agrees to
provide any support of the Access Channels in excess of the amount identified above or to any
payment in support of any other PEG-related commitment after the Effective Date of this
Franchise, the Commission, in its reasonable discretion, after meeting with the Grantee, will
determine whether Grantee’s PEG Fee should be changed. If Grantee is required to pay any
additional PEG Fee, such amount must be based upon a per subscriber/per month fee.
SECTION 7. SERVICES TO CITY
1. Twin Cities Metro PEG Interconnect Network. Grantee shall provide a discrete,
non-public, video interconnect network, from an agreed upon demarcation point at the
Commission's Master Control Center at the Commission's office, to Grantee's headend. The
video interconnect network shall not exceed 50 Mbps of allocated bandwidth, allowing PEG
operators that have agreed with Grantee to share (send and receive) live and recorded
programming for playback on their respective systems. Where available the Grantee shall
provide the video interconnect network and the network equipment necessary for the high-
priority transport of live multicast HD/SD video streams as well as lower-priority file-sharing.
Grantee shall provide 50 Mbps bandwidth for each participating PEG entity to send its original
programming, receive at least two additional multicast HD/SD streams from any other
participating PEG entity, and allow the transfer of files. Each participating PEG entity is
responsible for encoding its own SD/HD content in suitable bit rates to be transported by the
video interconnect network without exceeding the 50 Mbps of allocated bandwidth.
2. Cable Service to Public Buildings. Grantee shall, at no cost to the City or
Commission, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or
equivalent package of Cable Service and necessary reception equipment to up to seven (7)
outlets at the Commission Office and at each Member City City Hall and to each Independent
School District at the current locations located in the Commission area that originates PEG
programming. Grantee shall, at no cost to the City, provide Basic Service and Expanded Basic
Service (currently Prism Essentials) or equivalent package of Cable Service and necessary
reception equipment to up to three (3) outlets at all other government buildings, schools and
public libraries located in the City where Grantee provides Cable Service, so long as these
government addresses are designated as a Household and no other cable communications
provider is providing complementary service at such location. For purposes of this subsection,
“school” means all State-accredited K-12 public and private schools. Outlets of Basic and
Expanded Basic Service provided in accordance with this subsection may be used to distribute
Cable Services throughout such buildings; provided such distribution can be accomplished
without causing Cable System disruption and general technical standards are maintained. Such
outlets may only be used for lawful purposes. If any location is not designated as a Household, it
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will be provided the functionality to monitor PEG signals through a mutually agreeable alternate
technology at the expense of the Grantee.
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Manager or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the Grantee's operation
under the Franchise. The City, or its designee, may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of the System as are consistent with the
provisions of the Franchise and law.
2. Delegated Authority. The City may appoint a citizen advisory body or a Joint
Powers Commission, or may delegate to any other body or Person authority to administer the
Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee
shall cooperate with any such delegatee of City.
3. Franchise Fee.
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly
Gross Revenues, or such other amounts as are subsequently permitted by federal
statute.
b. Any payments due under this provision shall be payable quarterly. The payment
shall be made within thirty (30) days of the end of each of Grantee's fiscal
quarters together with a report showing the basis for the computation.
c. All amounts paid shall be subject to audit and recomputation by City and/or the
Commission and acceptance of any payment shall not be construed as an accord
that the amount paid is in fact the correct amount. If an audit or review discloses
an overpayment or underpayment of franchise fees, the City and/or the
Commission shall notify Grantee of such overpayment or underpayment. The
City’s/Commission’s audit or review expenses shall be borne by the
City/Commission unless the audit or review determines that the payment to the
City should be increased by more than five percent (5%) in the audited/reviewed
period, in which case the costs of the audit/review shall be borne by Grantee, up
to a cap of $25,000, as a cost incidental to the enforcement of the Franchise. Any
additional amounts due to the City as a result of the audit or review shall be paid
to the City within thirty (30) days following written notice to Grantee by the
City/Commission of the underpayment, which notice shall include a copy of the
audit/review report. If the recomputation results in additional revenue to be paid
to the City, such amount shall be subject to a ten percent (10%) annual interest
charge.
d. The City/Commission shall have the right to inspect and to require Grantee to
provide any and all data, documents and records maintained by Grantee (or
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maintained by an Affiliate or a third-party contractor/vendor on behalf of
Grantee) reasonably related to the calculation and payment of franchise fees. The
Grantee shall maintain such records, documents and data for a minimum of four
(4) years.
e. Grantee shall have no less than twenty (20) business days to respond fully and
completely to any written request for data, documents and records issued by the
City/Commission, unless an extension of time is granted by the City/Commission
in writing. Grantee may request an extension of the twenty (20) business day
deadline applicable to a written request for data, information and documents no
later than ten (10) business days after the date of such request. Every request for
an extension of time shall describe, in detail, the reasons the extension is
necessary. The City/Commission may, in its sole discretion, grant or deny an
extension request, and shall act reasonably in making such a determination based
on the scope and complexity of the information request at issue and the facts cited
by Grantee in its written extension request.
f. In the event any franchise fee payment or recomputation amount is not made on
or before the required date, Grantee shall pay, during the period such unpaid
amount is owed, the additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10%).
g. Nothing in this Franchise shall be construed to limit any authority of the City to
impose any tax, fee or assessment of general applicability.
h. The franchise fee payments required by this Franchise shall be in addition to any
and all taxes or fees of general applicability. Grantee shall not have or make any
claim for any deduction or other credit of all or any part of the amount of said
franchise fee payments from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. Grantee shall not apply nor
seek to apply all or any part of the amount of said franchise fee payments as a
deduction or other credit from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. Nor shall Grantee apply or
seek to apply all or any part of the amount of any of said taxes or fees of general
applicability as a deduction or other credit from or against any of its franchise fee
obligations, except as expressly permitted by law.
i. The Franchise Fee shall be in addition to any and all taxes or other levies or
assessments which are now or hereafter required to be paid by businesses in
general by any law of the City, the State or the United States including, without
limitation, sales, use and other taxes, business license fees or other payments.
Payment of the Franchise Fee under this Franchise shall not exempt Grantee from
the payment of any other license fee, permit fee, tax or charge on the business,
occupation, property or income of Grantee that may be lawfully imposed by the
City. Any other license fees, taxes or charges shall be of general applicability in
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nature and shall not be levied against Grantee solely because of its status as a
cable operator or solely because of its status as such.
4. Access to Records. The City shall have the right to inspect, upon reasonable
notice and during normal business hours, or require Grantee to provide within a reasonable time
copies of any records maintained by Grantee which relate to System operations including
specifically Grantee’s accounting and financial records.
5. Reports and Maps.
a. Grantee shall file with the City, at the time or payment of the Franchise Fee, a
report of all Gross Revenues in form and substance as required by City.
b. Grantee shall prepare and make available to City, at the times and in the form
prescribed, such other reasonable reports with respect to Grantee’s operations
pursuant to this Franchise as City may require.
c. If required by City, Grantee shall make available to the City Manager the maps,
plats, and permanent records of the location and character of all facilities
constructed, including underground facilities, and Grantee shall make available
with City updates of such maps, plats and permanent records annually if changes
have been made in the System.
6. Periodic Evaluation.
a. The City may require evaluation sessions at any time during the term of this
Franchise, upon fifteen (15) days written notice to Grantee.
b. Topics which may be discussed at any evaluation session may include, but are not
limited to, application of new technologies, System performance, programming
offered, access channels, facilities and support, municipal uses of cable,
subscriber rates, customer complaints, amendments to this Franchise, judicial
rulings, FCC rulings, line extension policies and any other topics City deems
relevant.
c. As a result of a periodic review or evaluation session, upon notification from City,
Grantee shall meet with city and undertake good faith efforts to reach agreement
on changes and modifications to the terms and conditions of the Franchise which
are both economically and technically feasible.
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SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
a. Within 30 days of the Effective Date of this Franchise, the Grantee shall deliver to
the Commission a bond, that is effective as of the Effective Date and at all times
thereafter, until the Grantee has liquidated all of its obligations with City, the
Grantee shall furnish a bond to Commission in the amount of $500,000.00 in a
form and with such sureties as reasonably acceptable to City. This bond will be
conditioned upon the faithful performance by the Grantee of its Franchise
obligations and upon the further condition that in the event the Grantee shall fail
to comply with any law, ordinance or regulation governing the Franchise, there
shall be recoverable jointly and severally from the principal and surety of the
bond any damages or loss suffered by City as a result, including the full amount
of any compensation, indemnification or cost of removal or abandonment of any
property of the Grantee, plus a reasonable allowance for attorneys' fees and costs,
up to the full amount of the bond, and further guaranteeing payment by the
Grantee of claims, liens and taxes due City which arise by reason of the
construction, operation, or maintenance of the System. The rights reserved by
City with respect to the bond are in addition to all other rights City may have
under the Franchise or any other law. City may, from year to year, in its sole
discretion, reduce the amount of the bond.
b. The time for Grantee to correct any violation or liability, shall be extended by
City if the necessary action to correct such violation or liability is, in the sole
determination of City, of such a nature or character as to require more than thirty
(30) days within which to perform, provided Grantee provides written notice that
it requires more than thirty (30) days to correct such violations or liability,
commences the corrective action within the thirty (30) days period and thereafter
uses reasonable diligence to correct the violation or liability.
c. In the event this Franchise is revoked by reason of default of Grantee, City shall
be entitled to collect from the performance bond that amount which is attributable
to any damages sustained by City as a result of said default or revocation.
d. Grantee shall be entitled to the return of the performance bond, or portion thereof,
as remains sixty (60) days after the expiration of the term of the Franchise or
revocation for default thereof, provided City has not notified Grantee of any
actual or potential damages incurred as a result of Grantee’s operations pursuant
to the Franchise or as a result of said default.
e. The rights reserved to City with respect to the performance bond are in addition to
all other rights of City whether reserved by this Franchise or authorized by law,
and no action, proceeding or exercise of a right with respect to the performance
bond shall affect any other right City may have.
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2. Letter of Credit.
a. Within thirty (30) days of the Effective Date of this Franchise, Grantee shall
deliver to Commission an irrevocable and unconditional Letter of Credit, that is
effective as of the Effective Date, in form and substance acceptable to City, from
a National or State bank approved by the Commission , in the amount of
$25,000.00.
b. The Letter of Credit shall provide that funds will be paid to City, upon written
demand of City, and in an amount solely determined by City in payment for
penalties charged pursuant to this Section, in payment for any monies owed by
Grantee to City or any person pursuant to its obligations under this Franchise, or
in payment for any damage incurred by City or any person as a result of any acts
or omissions by Grantee pursuant to this Franchise.
c. In addition to recovery of any monies owed by Grantee to City or any person or
damages to City or any person as a result of any acts or omissions by Grantee
pursuant to the Franchise, City in its sole discretion may charge to and collect
from the Letter of Credit the following penalties:
i. For failure to timely complete System upgrades as provided in this
Franchise unless City approves the delay, the penalty shall be $500.00 per
day for each day, or part thereof, such failure occurs or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review or as
otherwise provided herein, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
iii. Fifteen (15) days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards, the penalty
shall be $500.00 per day for each day, or part thereof, such failure occurs
or continues.
iv. For failure to provide the services Grantee has proposed, including, but
not limited to, the implementation and the utilization of the access
channels and the maintenance and/or replacement of the equipment and
other facilities, the penalty shall be $500.00 per day for each day, or part
thereof, such failure occurs or continues.
v. For Grantee’s breach of any written contract or agreement with or to the
City or its designee, the penalty shall be $500.00 per day for each day, or
part thereof, such breach occurs or continues.
vi. For failure to comply with the reasonable build-out provisions and for
economic redlining in violation of Section 2, Paragraph 7 above and 47
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U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or
part thereof that such violation continues.
vii. For failure to comply with any of the provisions of this Franchise, or other
City ordinance for which a penalty is not otherwise specifically provided
pursuant to this paragraph c, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
d. Each violation of any provision of this Franchise shall be considered a separate
violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms, conditions or
provisions of this Franchise, or for any other violation contemplated in Section 9,
Paragraph 2(c) above, a written notice shall be given to Grantee informing it of
such violation. At any time after thirty (30) days (or such longer reasonable time
which, in the sole determination of City, is necessary to cure the alleged violation)
following local receipt of notice, provided Grantee remains in violation of one or
more terms, conditions or provisions of this Franchise, in the sole opinion of City,
City may draw from the Letter of Credit all penalties and other monies due City
from the date of the local receipt of notice.
f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days
of such draw, notify City in writing that there is a dispute as to whether a
violation or failure has in fact occurred. Such written notice by Grantee to City
shall specify with particularity the matters disputed by Grantee. All penalties
shall continue to accrue and City may continue to draw from the Letter of Credit
during any appeal pursuant to this subparagraph f.
i. City shall hear Grantee's dispute within sixty (60) days and render a final
decision within sixty (60) days thereafter.
ii. Upon the determination of City that no violation has taken place, City
shall refund to Grantee, without interest, all monies drawn from the Letter
of Credit by reason of the alleged violation.
g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant
thereto expires prior to thirty (30) months after the expiration of the term of this
Franchise, it shall be renewed or replaced during the term of this Franchise to
provide that it will not expire earlier than thirty (30) months after the expiration of
this Franchise. The renewed or replaced Letter of Credit shall be of the same
form and with a bank authorized herein and for the full amount stated in
Paragraph A of this Section.
h. If City draws upon the Letter of Credit or any subsequent Letter of Credit
delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish
to its full amount the same within ten (10) days and shall deliver to City a like
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replacement Letter of Credit or certification of replenishment for the full amount
stated in Section 9, Paragraph 2(a) as a substitution of the previous Letter of
Credit. This shall be a continuing obligation for any draws upon the Letter of
Credit.
i. If any Letter of Credit is not so replaced or replenished, City may draw on said
Letter of Credit for the whole amount thereof and use the proceeds as City
determines in its sole discretion. The failure to replace or replenish any Letter of
Credit may also, at the option of the City, be deemed a default by Grantee under
this Franchise. The drawing on the Letter of Credit by City, and use of the money
so obtained for payment or performance of the obligations, duties and
responsibilities of Grantee which are in default, shall not be a waiver or release of
such default.
j. The collection by City of any damages, monies or penalties from the Letter of
Credit shall not affect any other right or remedy available to City, nor shall any
act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver
of any right of City pursuant to this Franchise or otherwise.
3. Indemnification of City.
a. City, its officers, boards, committees, commissions, elected officials, employees
and agents shall not be liable for any loss or damage to any real or personal
property of any Person, or for any injury to or death of any Person, arising out of
or in connection with Grantee’s construction, operation, maintenance, repair or
removal of the System or as to any other action of Grantee with respect to this
Franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards,
committees, commissions, elected officials, employees and agents, from and
against all liability, damages, and penalties which they may legally be required to
pay as a result of the City’s exercise, administration, or enforcement of the
Franchise.
c. Nothing in this Franchise relieves a Person, except City, from liability arising out
of the failure to exercise reasonable care to avoid injuring the Grantee's facilities
while performing work connected with grading, regarding, or changing the line of
a Right-of-Way or public place or with the construction or reconstruction of a
sewer or water system.
d. Grantee shall contemporaneously with this Franchise execute an Indemnity
Agreement in the form of Exhibit A, which shall indemnify, defend and hold the
City and Commission harmless for any claim for injury, damage, loss, liability,
cost or expense, including court and appeal costs and reasonable attorneys’ fees or
reasonable expenses arising out of the actions of the City and/or Commission in
granting this Franchise. This obligation includes any claims by another
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franchised cable operator against the City and/or Commission that the terms and
conditions of this Franchise are less burdensome than another franchise granted
by the City or that this Franchise does not satisfy the requirements of applicable
state law(s).
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without limiting the
foregoing, Grantee shall file with City at the time of its acceptance of this
Franchise, and at all times thereafter maintain in full force and effect at its sole
expense, a comprehensive general liability insurance policy, including
broadcaster’s/cablecaster’s liability and contractual liability coverage, in
protection of the Grantee, and the City, its officers, elected officials, boards,
commissions, agents and employees for any and all damages and penalties which
may arise as a result of this Franchise. The policy or policies shall name the City
as an additional insured, and in their capacity as such, City officers, elected
officials, boards, commissions, agents and employees.
b. The policies of insurance shall be in the sum of not less than $1,000,000.00 for
personal injury or death of any one Person, and $2,000,000.00 for personal injury
or death of two or more Persons in any one occurrence, $500,000.00 for property
damage to any one person and $2,000,000.00 for property damage resulting from
any one act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full force
and effect during the entire term of the Franchise. Each policy of insurance shall
contain a statement on its face that the insurer will not cancel the policy or fail to
renew the policy, whether for nonpayment of premium, or otherwise, and whether
at the request of Grantee or for other reasons, except after sixty (60) days advance
written notice have been provided to City.
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE
1. City's Right to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel this
Franchise, and all rights and privileges pertaining thereto, if it is determined by
City that:
i. Grantee has violated material provisions(s) of this Franchise; or
ii. Grantee has attempted to evade any of the provisions of the Franchise; or
iii. Grantee has practiced fraud or deceit upon City.
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City may revoke this Franchise without the hearing required by Section 10,
Paragraph.2 herein if Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and the
intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of
the notice in which to correct the violation or to provide adequate assurance of
performance in compliance with the Franchise. In the notice required herein, City
shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocation, which public
hearing shall follow the thirty (30) day notice provided in subparagraph (a) above.
City shall provide Grantee with written notice of its decision together with written
findings of fact supplementing said decision.
c. Only after the public hearing and upon written notice of the determination by City
to revoke the Franchise may Grantee appeal said decision with an appropriate
state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect unless
the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare of any person or the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee may not
abandon the System or any portion thereof without compensating City for damages resulting
from the abandonment, including all costs incident to removal of the System.
4. Removal After Abandonment, Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment of the
System, City shall have the right to require Grantee to remove all or any portion
of the System from all Rights-of-Way and public property within City.
b. If Grantee has failed to commence removal of System, or such part thereof as was
designated by City, within thirty (30) days after written notice of City's demand
for removal is given, or if Grantee has failed to complete such removal within
twelve (12) months after written notice of City's demand for removal is given,
City shall have the right to apply funds secured by the Letter of Credit and
Performance Bond toward removal and/or declare all right, title, and interest to
the System to be in City with all rights of ownership including, but not limited to,
the right to operate the System or transfer the System to another for operation by
it.
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5. Sale or Transfer of Franchise.
a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate
change of or in Grantee, including, but not limited to, a fundamental corporate
change in Grantee’s parent corporation or any entity having a controlling interest
in Grantee, the sale of a controlling interest in the Grantee’s assets, a merger
including the merger of a subsidiary and parent entity, consolidation, or the
creation of a subsidiary or affiliate entity, shall take place until a written request
has been filed with City requesting approval of the sale, transfer, or corporate
change and such approval has been granted or deemed granted, provided,
however, that said approval shall not be required where Grantee grants a security
interest in its Franchise and/or assets to secure an indebtedness. The foregoing
notwithstanding, Grantee must seek approval of any transaction constituting a
transfer under state law.
b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee’s
parent corporation or any other entity having a controlling interest in Grantee, so
as to create a new controlling interest therein, shall be subject to the requirements
of this Section 10, Paragraph 5. The term “controlling interest” as used herein is
not limited to majority stock ownership, but includes actual working control in
whatever manner exercised. In any event, as used herein, a new “controlling
interest” shall be deemed to be created upon the acquisition through any
transaction or group of transactions of a legal or beneficial interest of fifteen
percent (15%) or more by one Person. Acquisition by one Person of an interest of
five percent (5%) or more in a single transaction shall require notice to City.
c. The Grantee shall file, in addition to all documents, forms and information
required to be filed by applicable law, the following:
1. All contracts, agreements or other documents that constitute the proposed
transaction and all exhibits, attachments, or other documents referred to
therein which are necessary in order to understand the terms thereof.
2. A list detailing all documents filed with any state or federal agency related
to the transaction including, but not limited to, the MPUC, the FCC, the
FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide
City with a complete copy of any such document; and
3. Any other documents or information related to the transaction as may be
specifically requested by the City.
d. City shall have such time as is permitted by federal law in which to review a
transfer request.
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e. The Grantee shall reimburse City for all the legal, administrative, and consulting
costs and fees associated with the City’s review of any request to transfer.
Nothing herein shall prevent Grantee from negotiating partial or complete
payment of such costs and fees by the transferee. Grantee may not itemize any
such reimbursement on Subscriber bills, but may recover such expenses in its
subscriber rates.
f. In no event shall a sale, transfer, corporate change, or assignment of ownership or
control pursuant to subparagraph (a) or (b) of this Section 10 Paragraph 5 be
approved without the transferee becoming a signatory to this Franchise and
assuming all rights and obligations thereunder, and assuming all other rights and
obligations of the transferor to the City including, but not limited to, any adequate
guarantees or other security instruments provided by the transferor.
g. In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subparagraph (a) or (b) of this Section 10, Paragraph 5, City shall
have the right to purchase the System for the value of the consideration proposed
in such transaction. City’s right to purchase shall arise upon City’s receipt of
notice of the material terms of an offer or proposal for sale, transfer, corporate
change, or assignment, which Grantee has accepted. Notice of such offer or
proposal must be conveyed to City in writing and separate from any general
announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System pursuant to
this Section only in the following circumstances:
i. If City does not indicate to Grantee in writing, within sixty (60) days of
receipt of written notice of a proposed sale, transfer, corporate change, or
assignment as contemplated in Section 10, Paragraph 5(g) above, its
intention to exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided within this
Section.
i. No Franchise may be transferred if City determines Grantee is in noncompliance
of the Franchise unless an acceptable compliance program has been approved by
City. The approval of any transfer of ownership pursuant to this Section shall not
be deemed to waive any rights of City to subsequently enforce noncompliance
issues relating to this Franchise even if such issues predated the approval, whether
known or unknown to City.
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers (or group of potential subscribers) or general
citizens on the basis of race, color, religion, national origin, sex, age, status as to public
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assistance, affectional preference, or disability. Grantee shall comply at all times with all other
applicable federal, state, and city laws, and all executive and administrative orders relating to
nondiscrimination.
2. Subscriber Privacy.
a. No signals may be transmitted from a Subscriber terminal for purposes of
monitoring individual viewing patterns or practices without the express written
permission of the Subscriber. Such written permission shall be for a limited
period of time not to exceed one (1) year which may be renewed at the option of
the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide
or renew such authorization. The authorization shall be revocable at any time by
the Subscriber without penalty of any kind whatsoever. Such permission shall be
required for all channel activity planned for the purpose of monitoring individual
viewing patterns or practices.
b. No lists of the names and addresses of Subscribers or any lists that identify the
viewing habits of Subscribers shall be sold or otherwise made available to any
party other than to Grantee or its agents for Grantee’s service business use or to
City for the purpose of Franchise administration, and also to the Subscriber
subject of that information, unless Grantee has received specific written
authorization from the Subscriber to make such data available. Such written
permission shall be for a limited period of time not to exceed one (1) year which
may be renewed at the option of the Subscriber. No penalty shall be invoked for a
Subscriber's failure to provide or renew such authorization. The authorization
shall be revocable at any time by the Subscriber without penalty of any kind
whatsoever.
c. Written permission from the Subscriber shall not be required for the conducting of
System wide or individually addressed electronic sweeps for the purpose of
verifying System integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the provision set forth in
subparagraph (b) of this Section.
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for
any firm, Person, group, company, corporation, or governmental body or agency, without the
express consent of the Grantee, to make or possess, or assist anybody in making or possessing,
any unauthorized connection, extension, or division, whether physically, acoustically,
inductively, electronically or otherwise, with or to any segment of the System or receive services
of the System without Grantee’s authorization.
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person,
group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or
34
assist thereof, any part or segment of the System for any purpose whatsoever, except for an y
rights City may have pursuant to this Franchise or its police powers.
3. Penalty. Any firm, Person, group, company, or corporation found guilty of
violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the
action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and
every subsequent offense. Each continuing day of the violation shall be considered a separate
occurrence.
SECTION 13. MISCELLANEOUS PROVISIONS
1. Franchise Renewal. Any renewal of this Franchise shall be performed in
accordance with applicable federal, state and local laws and regulations. The term of any
renewed Franchise shall be limited to a period not to exceed fifteen (15) years.
2. Work Performed by Others. All applicable obligations of this Franchise shall
apply to any subcontractor or others performing any work or services pursuant to the provisions
of this Franchise, however, in no event shall any such subcontractor or other performing work
obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall
provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which
performs substantial services pursuant to this Franchise.
3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to
time, to amend this Franchise. Such written amendments may be made subsequent to a review
session pursuant to Section 7.5 or at any other time if City and Grantee agree that such an
amendment will be in the public interest or if such an amendment is required due to changes in
federal, state or local laws. Provided, however, nothing herein shall restrict City’s exercise of its
police powers or City’s authority to unilaterally amend Franchise provisions to the extent
permitted by law.
4. Compliance with Federal, State and Local Laws.
a. If any federal or state law or regulation shall require or permit City or Grantee to
perform any service or act or shall prohibit City or Grantee from performing any
service or act which may be in conflict with the terms of this Franchise, then as
soon as possible following knowledge thereof, either party shall notify the other
of the point in conflict believed to exist between such law or regulation. Grantee
and City shall conform to state laws and rules regarding cable communications
not later than one year after they become effective, unless otherwise stated, and to
conform to federal laws and regulations regarding cable as they become effective.
b. If any term, condition or provision of this Franchise or the application thereof to
any Person or circumstance shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of such term, condition or
provision to Persons or circumstances other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and this Franchise and all
35
the terms, provisions and conditions hereof shall, in all other respects, continue to
be effective and complied with provided the loss of the invalid or unenforceable
clause does not substantially alter the agreement between the parties. In the event
such law, rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid or modified
is no longer in conflict with the law, rules and regulations then in effect, said
provision shall thereupon return to full force and effect and shall thereafter be
binding on Grantee and City.
5. Nonenforcement by City. Grantee shall not be relieved of its obligations to
comply with any of the provisions of this Franchise by reason of any failure or delay of City to
enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in
writing. Any such written waiver by City of a breach or violation of any provision of this
Franchise shall not operate as or be construed to be a waiver of any subsequent breach or
violation.
6. Rights Cumulative. All rights and remedies given to City by this Franchise or
retained by City herein shall be in addition to and cumulative with any and all other rights and
remedies, existing or implied, now or hereafter available to City, at law or in equity, and such
rights and remedies shall not be exclusive, but each and every right and remedy specifically
given by this Franchise or otherwise existing or given may be exercised from time to time and as
often and in such order as may be deemed expedient by City and the exercise of one or more
rights or remedies shall not be deemed a waiver of the right to exercise at the same time or
thereafter any other right or remedy.
7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and that under
current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and
that Grantee believes City has the power to make the terms and conditions contained in this
Franchise.
8. Force Majeure. The Grantee shall not be deemed in default of provisions of this
Franchise or the City Code where performance was rendered impossible by war or riots, labor
strikes or civil disturbances, floods or other causes beyond the Grantee’s control, and the
Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that
the Grantee, when possible, takes immediate and diligent steps to bring itself back into
compliance and to comply as soon as possible, under the circumstances, with the Franchise
without unduly endangering the health, safety and integrity of the Grantee’s employees or
property, or the health, safety and integrity of the public, the Rights-of-Way, public property or
private property.
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS
1. Publication: Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of
acceptance by Grantee in accordance with the provisions of Section 14, Paragraph 2.
36
2. Acceptance.
a. Grantee shall accept this Franchise within sixty (60) of its enactment by the City
Council, unless the time for acceptance is extended by City. Such acceptance by
the Grantee shall be deemed the grant of this Franchise for all purposes provided,
however, this Franchise shall not be effective until all City ordinance adoption
procedures are complied with and all applicable timelines have run for the
adoption of a City ordinance. In the event acceptance does not take place, or
should all ordinance adoption procedures and timelines not be completed, this
Franchise and any and all rights granted hereunder to Grantee shall be null and
void.
b. Upon acceptance of this Franchise, Grantee and City shall be bound by all the
terms and conditions contained herein.
c. Grantee shall accept this Franchise in the following manner:
i. This Franchise will be properly executed and acknowledged by Grantee
and delivered to City.
ii. With its acceptance, Grantee shall also deliver any grant payments,
performance bond and insurance certificates required herein that have not
previously been delivered.
Passed and adopted this day of , 2015.
ATTEST: CITY OF ARDEN HILLS
By: _______________________________ By: _____________________________
Its: ______________________________ Its: ________________________
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: ____________________________ By: _____________________________
Its: ________________________
Ex. A 1
EXHIBIT A - INDEMNITY AGREEMENT
INDEMNITY AGREEMENT made this ____ day of ___________________, 2015, by
and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part,
hereinafter called “CenturyLink,” and the City of Arden Hills, a Minnesota Municipal
Corporation, party of the second part, hereinafter called “City” and the North Suburban
Communications Commission, a Minnesota Municipal Joint Powers entity, hereinafter called
“Commission.”
WITNESSETH:
WHEREAS, the City of Arden Hills has awarded to Qwest Broadband Services, Inc. a
franchise for the operation of a cable communications system in the City; and
WHEREAS, the City has required, as a condition of its award of a cable communications
franchise, that it and the Commission be indemnified with respect to all claims and actions arising
from the award of said franchise.
NOW THEREFORE, in consideration of the foregoing promises and the mutual
promises contained in this agreement and in consideration of entering into a cable television
franchise agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify,
defend and hold harmless the City and the Commission, its officers, boards, commissions,
employees and agents against any and all claims, suits, actions, liabilities and judgments for
damages, cost or expense (including, but not limited to, court and appeal costs and reasonable
attorneys' fees and disbursements assumed or incurred by the City in connection therewith)
arising out of the actions of the City and Commission in granting a franchise to CenturyLink.
This includes any claims by another franchised cable operator against the City that the terms and
conditions of the CenturyLink franchise are less burdensome than another franchise granted by
the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal,
state, or local law(s). The indemnification provided for herein shall not extend or apply to any
acts of the City or Commission constituting a violation or breach by the City or Commission of
the contractual provisions of the franchise ordinance, unless such acts are the result of a change in
applicable law, the order of a court or administrative agency, or are caused by the acts of
CenturyLink.
The City or Commission shall give CenturyLink reasonable notice of the making of any
claim or the commencement of any action, suit or other proceeding covered by this agreement.
The City and Commission shall cooperate with CenturyLink in the defense of any such action,
suit or other proceeding at the request of CenturyLink. The City and Commission may participate
in the defense of a claim, but if CenturyLink provides a defense at CenturyLink’s expense then
CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that City or
Commission may incur if it chooses to participate in the defense of a claim, unless and until
separate representation is required. If separate representation to fully protect the interests of both
parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota
Rules of Professional Conduct, between the City or the Commission and the counsel selected by
CenturyLink to represent the City and/or the Commission, Century Link shall pay, from the date
Ex. A 2
such separate representation is required forward, all reasonable expenses incurred by the City or
the Commission in defending itself with regard to any action, suit or proceeding indemnified by
CenturyLink. Provided, however, that in the event that such separate representation is or becomes
necessary, and City or the Commission desires to hire a counselor any other outside experts or
consultants and desires CenturyLink to pay those expenses, then City and/or the Commission
shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or
consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the
parties agree that the City or Commission may utilize at any time, at its own cost and expense, its
own attorney or outside counsel with respect to any claim brought by another franchised cable
operator as described in this agreement.
The provisions of this agreement shall not be construed to constitute an amendment of the
cable communications franchise ordinance or any portion thereof but shall be in addition to and
independent of any other similar provisions contained in the cable communications franchise
ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not
be dependent or conditioned upon the validity of the cable communications franchise ordinance
or the validity of any of the procedures or agreements involved in the award or acceptance of the
franchise, but shall be and remain a binding obligation of the parties hereto even if the cable
communications franchise ordinance or the grant of the franchise is declared null and void in a
legal or administrative proceeding.
It is the purpose of this agreement to provide maximum indemnification to the City and
the Commission under the terms set out herein and, in the event of a dispute as to the meaning of
this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to
provide for the indemnification of the City and the Commission by CenturyLink. This agreement
shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their
successor's and assigns, if any.
QWEST BROADBAND SERVICES, INC.
Dated: __________________, 2015 By: _______________________________
Its: _______________________________
Ex. A 3
STATE OF LOUISIANA
PARISH OF OUACHITA
The foregoing instrument was acknowledged before me this _____ day of 2015, by
______________________, the ___________________________ of Qwest Broadband Services,
Inc., a Delaware Corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC
Print Name: ________________________
Bar Roll #/Notary ID #: ________________
My Commission Expires: ______________
CITY OF ARDEN HILLS
By ____________________________________
Its: ___________________________________
Department Head Responsible
For Monitoring Contract
__________________________
Approved as to form:
__________________________
City Attorney
NORTH SUBURBAN COMMUNICATIONS
COMMISSION
By: __________________________________
Its: __________________________________
CITY OF ARDEN HILLS, MINNESOTA
In Re: CenturyLink Cable Franchise FINDINGS OF FACT
Application
The City is one of nine member cities of the North Suburban Communications
Commission (the “NSCC”). Following the submission of an application for a cable television
franchise for each member city of the NSCC, the above-entitled matter initially came before the
NSCC for a public hearing on Thursday, March 5, 2015, at the NSCC’s Office located at 2670
Arthur Street, Roseville, MN 55113. Said public hearing was held open through Friday, March
13, 2015, for the purpose of allowing additional written public comments. Following the public
hearing, the NSCC’s Executive Director prepared a detailed report entitled “Staff Report on
CenturyLink Cable Franchise Application” (the “Staff Report”). The NSCC received and filed
the Staff Report and directed NSCC staff to a negotiate cable television franchise with
CenturyLink.
The City, in furtherance of its obligations as a steward on behalf of consumers in the
City, desires to promote competition in the delivery of cable services and to encourage the
deployment of state-of-the-art broadband networks in the hope that true and effective
competition between cable service providers will increase the availability and quality of cable
services, spur the development of new technologies, improve customer service, minimize rate
increases and generally benefit consumers of the City.
The City also recognizes that any facilities based, second cable entrant is in a different
position than the incumbent cable provider because the second entrant faces a significant, up
front capital investment prior to having the opportunity to compete for its first customer. It is
beneficial to attract and retain second entrants because of the investment made in the community
2
and the creation of new jobs, as well as the benefits to consumers by having a cable service
competitor in the City. Adoption of this Franchise is, in the judgment of the City Council, in the
best interests of the City and its residents.
Having held a public hearing on the cable franchise application (via the NSCC) and
having reviewed the negotiated cable franchise with CenturyLink, the City now makes the
following findings:
FINDINGS OF FACT
1. The City has the authority to grant cable television franchises to cable service
providers, pursuant to applicable law. See Minn. Stat. § 238.08, Subd. 1(a); and
Cable Office Report, § 4.
2. In January, 2015, the NSCC published a Notice of Intent to Franchise in a
newspaper of general circulation of the City. See Staff Report, § 1.
3. CenturyLink submitted a cable franchise application (the “Application”) on
February 20, 2015. See Staff Report, § 1.
4. The NSCC held a public hearing on the Application on March 5, 2015, and left
the public hearing open until March 13, 2015, for the purpose of receiving
additional written comments from the public. See Staff Report, Executive
Summary and § 1.
5. Following the public hearing, the NSCC’s Executive Director prepared a “Staff
Report on CenturyLink Cable Franchise Application” (the “Staff Report) dated
April 9, 2015. The Staff Report is incorporated herein by Reference.
3
6. The Staff Report was received and filed by the NSCC on or about April 10, 2015,
and the NSCC directed NSCC staff to negotiate a cable television franchise with
CenturyLink.
7. NSCC staff negotiated a cable television franchise with CenturyLink and
presented it to the NSCC on October 7, 2015.
8. The NSCC adopted a Findings of Fact and Recommendation on October 7, 2015,
which recommended approval of the negotiated cable television franchise with
CenturyLink by each member city.
9. The City held a public hearing on the CenturyLink Cable Television Franchise
Ordinance on October 26, 2015.
10. The impact of competition and the challenges to a new cable operator, like
CenturyLink, are identified in the Staff Report. See Staff Report, § 2.
11. The applicable federal, state and local legal cable franchising requirements,
including the application requirements, are identified in the Staff Report. See
Staff Report, §§ 5 - 8.
12. The Staff Report identified the issues raised by the public, including the
incumbent franchised cable operator, Comcast. See Staff Report, § 9.
13. The NSCC has substantially complied with the state and local cable franchise
application requirements identified in the Staff Report.
14. CenturyLink’s application substantially complied with state and local cable
franchise application requirements identified in the Staff Report.
15. In the cable television franchise, CenturyLink agrees it has constructed a legacy
communications system throughout the City that is capable of providing
4
telephone and internet services. CenturyLink represents that it desires to upgrade
its existing legacy communications system and to install certain new facilities and
equipment in the City and intends to operate a cable communications system in
the City. See Staff Report, Exhibits 2 and 3.
16. CenturyLink further represents that upon completion of its cable service headend,
it will be capable of providing cable communications service to a portion of the
City over its existing facilities, but currently has no market penetration in the
cable communications service market in the City. See Staff Report, Exhibits 2
and 3.
17. The NSCC reviewed CenturyLink’s franchise application, published a notice of
intent to franchise and held a public hearing all in compliance with applicable
law. See Staff Report, § 1.
18. Comcast of Minnesota, Inc. (“Comcast”), currently holds a non-exclusive
franchise with the City, and, Comcast, through its predecessors in interest, has
continuously held a franchise with the City since 1983. See Staff Report, § 3
19. CenturyLink will be the first facilities based franchised cable operator to compete
against the incumbent provider in the City since the initial cable television
franchise was granted in 1983. See Staff Report, § 3.
20. Section 621(a)(1) of the Cable Television Consumer Protection and Competition
Act of 1992 was amended to provide that “. . .a franchising authority may not
unreasonably refuse to award an additional competitive franchise.” In support of
its mandate, the Conference Report noted that “[W]ithout the presence of another
multichannel video programming distributor, a cable system faces no local
5
competition. The result is undue market power for the cable operator as
compared to that of consumers . . . .” See H.R. Conf. Rep. No. 102-862, at 1231
(1992); and 621 Order at ¶ 8.
21. In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of
1984 as amended by the Cable Television Consumer Protection and Competition
Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB
Docket No. 05-311 (Rel. March 5, 2007) (the “621 Order”), the FCC determined,
based on Section 621(a)(1), that it is unlawful for a local franchising authority to
refuse to grant a competitive franchise on the basis of unreasonable build-out
mandates and that such mandates “can have the effect of granting de facto
exclusive franchises, in direct contravention of Section 621(a)(1)’s prohibition of
exclusive cable franchises.” See 621 Order, at ¶ 40; see also, Staff Report, § 7(E).
22. According to the FCC, “[b]ecause a second provider realistically cannot count on
acquiring a share of the market similar to the incumbent’s share, the second
entrant cannot justify a large initial deployment. Rather a new entrant must begin
offering service within a smaller area to determine whether it can reasonably
ensure a return on its investment before expanding.” See Staff Report, § 7(D).
23. In the 621 Order, the FCC found that “new cable competition reduced rates far
more than competition from DBS [Direct Broadcast Satellite]. Specifically, the
presence of a second cable operator in a market results in rates approximately 15
percent lower than in areas without competition.” See also, Staff Report, § 2.
6
24. The FCC also found that “competition for delivery of bundled services will
benefit consumers by driving down prices and improving the quality of service
offerings.” See Staff Report, § 2.
25. The FCC has concluded in the 621 Order that “broadband deployment and video
entry are ‘inextricably linked’ and that broadband deployment is not profitable
without the ability to compete with the bundled services that cable companies
provide.” See 621 Order at ¶ 51; see also, Staff Report, §§ 2 and 7.
26. The City must, pursuant to the Federal Cable Act, “allow the applicant’s cable
system a reasonable period of time to become capable of providing service to all
households in the franchise area.” See Staff Report, § 7(A).
27. Minnesota Statutes, Chapter 238, among other things, requires a level playing
field with the incumbent relating to area served (Minn. Stat. § 238.08, Subd. 1(b))
and a mandatory build out requirement within five years in initial cable franchises
(Minn. Stat. § 238.084 Subd. 1(m)(3)). See Staff Report, § 8(A)-(B), and 11(c).
CenturyLink has demonstrated a good faith basis for its position that applicable
federal law preempts these provisions of Chapter 238 because they constitute an
unreasonable barrier to entry. See Staff Report, § 11(c), and Exhibit 3 at ¶¶ 19-
23.
28. CenturyLink claims the fact that these two provisions of the Minnesota Statutes
constitute an unreasonable barrier to entry in the City is evidenced in part by the
fact that there has been no facilities-based competitor since the initial cable
communications franchise was granted. See Staff Report, Exhibit 3 at ¶¶ 19-23.
CenturyLink has agreed to fully defend, indemnify and hold the City and the
7
NSCC harmless in the event this cable television franchise agreement is legally
challenged. See Staff Report, § 11(c).
29. The cable television franchise ordinance is substantially similar to the Comcast
cable television franchise, but also addresses a reasonable build-out of the City,
and economic redlining.
30. The reasonable build-out provisions in the cable television franchise satisfy the
state franchise requirement of requiring the cable system to be substantially
complete within five (5) years and the federal franchise requirement of allowing a
new cable service provider a reasonable period of time to become capable of
providing cable service to all households in the franchise area. See Minn. Stat. §
238.084, Subd. 1(m); 47 U.S.C. § 541(a)(4)(A); and Staff Report, §§ 7(A), 7(D)-
7(E), 8(B), and 11(c).
31. The 5-year cable television franchise requires CenturyLink to initially construct
its system to serve fifteen percent (15%) of the City over 2 years. CenturyLink is
required to make its best efforts to complete its initial deployment in less than 2
years and is required to equitably serve households throughout the City, including
a significant number of households below the minimum income of the City.
Quarterly meetings will allow the City and the NSCC to monitor CenturyLink’s
progress and compliance with the cable franchise and, if CenturyLink has market
success, the cable television franchise has provisions to accelerate the
construction of the cable communications system with the goal being complete
coverage of the City by the end of the franchise term.
8
32. The state’s cable franchising level playing field statute is satisfied because the
cable television franchise requires (1) CenturyLink to pay the same franchise fee
as Comcast; (2) the same area of coverage as Comcast; and (3) similar, and in
some instances greater, public educational and governmental access requirements.
See Minn. Stat. § 238.08, subd. 1(b); Staff Report, §§ 7(G), 8(A), and 11(d).
33. CenturyLink submitted an application that included a design for a state-of-the-art
cable system that is capable or reliably providing a panoply of cable services to
subscribers as required by the NSCC’s Competitive Franchising Policies and
Procedures. See Staff Report, § 10(3)(b).
34. The City has considered the financial, technical, and legal qualifications of
CenturyLink. See, e.g., Staff Report, § 10(3).
35. CenturyLink has the financial, technical, and legal qualifications to operate a
cable communication system in the City.
36. A CenturyLink cable television franchise will provide a meaningful, distinct
alternative to existing multichannel video programming distributors (including
existing cable, direct broadcast satellite and other companies), will result in
greater consumer choice, is in the public interest for economic development in the
City. See Staff Report, Exhibits 2 and 3. CenturyLink has also promised to
provide additional enhancements to PEG offerings to the City. For example, it
has agreed in the franchise to provide every PEG channel in HD and to allow the
City to share live programming with other cities in the Twin Cities by providing a
Twin Cities Metro PEG Interconnect Network.
9
37. Consumers and residents of the City will also benefit from CenturyLink’s
competitive presence because it will drive broader deployment of higher
broadband speeds. See Staff Report, Exhibits 2 and 3
38. CenturyLink has agreed to an initial deployment area, and it will serve additional
areas based upon its market success, as defined in the franchise agreement, which
the FCC has deemed to be a reasonable deployment model. See Staff Report, §
7(E)(b).
39. The City and its citizens will benefit from facilities based competition in the cable
television market. See Staff Report, § 2.
40. All prior actions of the NSCC related to the CenturyLink Cable Franchise
Application are hereby ratified and approved.
Therefore, based on the foregoing, the City Council has determined that it is in the best
interests of the City and its residents to enter in to a cable television franchise
ordinance/agreement with CenturyLink, in the form negotiated by the NSCC and that these
Findings be incorporated therewith.
(To appear on CenturyLink letterhead)
October ___, 2015
Mr. Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
Re: Voluntary Commitments
Dear Mr. Bradley:
The purpose of this Letter is to set forth voluntary commitments by Qwest Broadband
Services, Inc. d/b/a CenturyLink (“QBSI”) to the North Suburban Communications Commission
(the “Commission”) and its Member Cities (the “Member Cities”) that are in addition to the
obligations contained in the Franchise Agreement, to be adopted by each Member City and
executed by QBSI (hereinafter the “Franchise”). The items set forth below have been negotiated
in good faith and mutually agreed to by the parties. QBSI agrees that at no time shall it b e
permitted to in any way offset from franchise fee payments owed the City or pass through as a
separate line item on Subscriber bills any costs associated with the voluntary commitments set
forth within.
1. Complimentary Prism Cable Service. This letter will confirm that any City/Member
City/Commission will not need to purchase separate internet service or any equipment in
order to receive complimentary cable service from QBSI as set forth in the Franchise.
The City will be allowed to choose any QBSI converter equipment for its complimentary
equipment.
2. Simulcasting PEG Channels. This letter will confirm that QBSI may simulcast the
City/Member City’s PEG channels in high definition (HD) and standard definition (SD).
QBSI may simulcast the PEG channels in other formats provided from the City/Member
City to QBSI. Simulcasting does not change the number of PEG channels being provided
under each Franchise. For example, if the City is provided nine (9) PEG channels in the
Franchise, QBSI may simulcast each of the 9 PEG channels in HD, and SD.
3. Cost Reimbursement. To the extent the Commission’s expenses exceeded the franchise
application fee, QBSI will fully reimburse the City for all of its reasonable costs and
expenses within 60 days of granting the Franchise.
4. Twin Cities Metro PEG Interconnect. The Commission and each Member City shall
have the right to fully participate in the Twin Cities Metro PEG Interconnect, which will
allow participants to share (send and receive) live PEG programming with one another
provided the other City has agreed with QBSI to share its PEG programming.
Mr. Michael R. Bradley
October ____, 2015
Page 2 of 2
5. Complimentary broadband service to a City facility location. Within 90 days of
executing the Franchise, QBSI shall make available complimentary commercial grade
Wi-Fi enabled internet service and associated equipment at the highest speed available by
Grantee to one public location (such as a community center) within each Member City.
The Member City and/or the Commission shall determine the location in consultation
with QBSI. QBSI shall have the option of co-branding the free public Wi-Fi with the
City at said location. The Wi-Fi equipment shall be capable of providing Wi-Fi to the the
primary community meeting area of the Member City location. The service level quality
shall be as provided to commercial customers and this commitment shall remain in place
throughout the term of the Franchise.
The parties understand that voluntary commitments listed above supplement other obligations
contained in the Franchise.
Enforcement of the terms of this Letter of Agreement shall be consistent with the enforcement
procedures set forth in the Franchise. CenturyLink stipulates that a violation of these terms by
CenturyLink may be considered by the City as a violation of the Franchise and shall subject
CenturyLink to all remedies available to the City under the Franchise and pursuant to applicable
law.
Acknowledged and agreed to this ___ day of October, 2015.
Qwest Broadband Services, Inc.
By:
Its:
Bench Copy
- item added to consent agenda
,-AIZEN_HILLS
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: John Anderson,Acting Public Works Director
SUBJECT: Sanitary Sewer Repair— 1323 Cannon Avenue
Requested Action
Motion to accept proposal from Valley-Rich Co. in the amount estimated to be $27,300 to relay
the sanitary sewer at 1323 Cannon Avenue.
Background
The City of Arden Hills has contracted for sanitary sewer lining in 2015. A portion of a segment
of sewer line to be lined has a sag in it and cannot be lined until it is relayed at the original
design grade. The sag in this line is most likely due to soft soils in the area and will make this
repair difficult to complete. The sag is currently allowing a large flow of ground water into the
sewer system. This may be creating a void under the pipe which could lead to a settlement in the
line at which point we would need to do an emergency repair to this line. This sewer serves the
entire east central portion of Arden Hills.
Once this segment has been relayed the entire segment will be lined from manhole 8-109 to
manhole 8-108. A separate contract with Precision Tree is in place to cover the tree removal
needed to prepare the site for this sewer to be relayed. Tree removal is estimated at$6,900
Two contractors were contacted to get proposals on this work. To date we have only received
one quote, from Valley-Rich Co. The City routinely works with Valley-Rich Co. for emergency
watermain repairs
Attachments
A. Location Map
B. Valley-Rich Co. proposal #15395 M dated 10/26/15
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Attachment A
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�iRQEENN HILLS W
S
Prepared by:
City of Arden Hills 1323 Cannon Avenue - Sewer Repair
2/9/15
Date: 10.26.15
Bid: #15395 M
1 IlE@o
Project: 1323 Cannon Ave—Sanitary Sewer Repair
Location: Arden Hills,MN
Site Utilities
Valley-Rich Co., Inc. will provide all labor, equipment, and materials needed to replace up to 100' of 15" RCP
sanitary sewer that has settled and bellied. All traffic control is included. Interlocking mat for stabilization is
included. City of Arden Hills is to supply the state ROW permit, all trucking, fill and pipe bedding, tree
removal/grubbing, by-pass pumping, fence removal/replacement (if required) and restoration. All work is to be
billed on a time and material basis and is budgetary.
Labor: $15,000
Traffic Control: $4,000
Interlocking Mats: $3,000
Mobilization and Materials: $3,800
Erosion Control: $1,500
Total Base Bid: $27,300
Note:
This proposal is good for 30 days from the bid date in order to lock in our material prices with our vendors.
Maximum depth of trenches and structures is assumed to be 10 feet when information is not provided.
Respectfully,
Matt Miklya
Exclusions:
Land/Lane use permits, dewatering, soil correction and/or replacement,pipe support, removal of buried
obstructions, frost charges, rock excavation, restoration(other than listed above), compaction tests, hauling of
excess soils, erosion control/inlet protection, hazardous material handling, irrigation, and private utility locates.
147 Jonathan Blvd. N., Ste. 4 Chaska,Minnesota 55318
Office: (952) 448-3002 Fax: (952) 448-3362
Bench Copy
- item added to consent agenda
,AREN�HILLS
MEMORANDUM
DATE: October 26, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Amy Dietl, City Clerk
SUBJECT: Cancellation of the November 9, 2015, City Council Meeting
Background
If the sanitary sewer lining item is approved tonight, the November 9, 2015, regular City Council
meeting can be cancelled.
Council Action Requested
Motion to approve the cancellation of the November 9, 2015, regular City Council meeting.
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