HomeMy WebLinkAbout11-30-15-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
Presentation Of City Video Tour
Jill Hutmacher, Community Development Director
MEMO.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
October 12, 2015, Special City Council Work Session
10 -12 -15 -WS.PDF
October 19, 2015, City Council Work Session
10 -19 -15 -WS.PDF
October 24, 2015, Special City Council Work Session
10 -24 -15 -WS.PDF
October 26, 2015, Special City Council Work Session
10 -26 -15 -WS.PDF
October 26, 2015, Regular City Council
10 -26 -15 -R.PDF
November 16, 2015, City Council Work Session
11 -16 -15 -WS.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, Acting City Administrator/Director of Finance and Administrative
Services
Ashley Bertrand, Accounting Analyst
MEMO.PDF
Motion To Approve Ordinance 2015 -011 In Planning Case 15 -022 (Accessory
Antennas) And Motion To Approve Publishing A Summary Of Ordinance 2015 -011
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF
Motion To Approve Ordinance 2015 -010 In Planning Case 15 -019 (Window
Transparency) And Motion To Approve Publishing A Summary Of Ordinance 2015 -
010
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF
2015 Pavement Management Program (PMP) Pay Estimate #6 And Change Order
No. 2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
2015 Sanitary Sewer Lining - Pay Estate #2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Round Lake Road Area Improvement - Payment #10
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Motion To Acknowledge The Application Of Catholic United Financial For An
Exempt Permit To Conduct A Raffle With The Drawing Being March 10, 2016,
With No Waiting Period
Amy Dietl, City Clerk
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Approval Of Resolution No. 2015 -049 Appointing Liz Johnson To The Economic
Development Commission
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF
2015 Budget Amendment
Sue Iverson, Acting City Administrator
MEMO.PDF
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Animal Impound Services Agreement
Jill Hutmacher, Community Development Director
MEMO.PDF, ATTACHMENT.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
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Vacant
Regular City Council
Agenda
November 30, 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
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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 PRESENTATIONSPresentation Of City Video TourJill Hutmacher, Community Development Director MEMO.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDF
APPROVAL OF MINUTES
October 12, 2015, Special City Council Work Session
10 -12 -15 -WS.PDF
October 19, 2015, City Council Work Session
10 -19 -15 -WS.PDF
October 24, 2015, Special City Council Work Session
10 -24 -15 -WS.PDF
October 26, 2015, Special City Council Work Session
10 -26 -15 -WS.PDF
October 26, 2015, Regular City Council
10 -26 -15 -R.PDF
November 16, 2015, City Council Work Session
11 -16 -15 -WS.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, Acting City Administrator/Director of Finance and Administrative
Services
Ashley Bertrand, Accounting Analyst
MEMO.PDF
Motion To Approve Ordinance 2015 -011 In Planning Case 15 -022 (Accessory
Antennas) And Motion To Approve Publishing A Summary Of Ordinance 2015 -011
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF
Motion To Approve Ordinance 2015 -010 In Planning Case 15 -019 (Window
Transparency) And Motion To Approve Publishing A Summary Of Ordinance 2015 -
010
Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF
2015 Pavement Management Program (PMP) Pay Estimate #6 And Change Order
No. 2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
2015 Sanitary Sewer Lining - Pay Estate #2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Round Lake Road Area Improvement - Payment #10
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Motion To Acknowledge The Application Of Catholic United Financial For An
Exempt Permit To Conduct A Raffle With The Drawing Being March 10, 2016,
With No Waiting Period
Amy Dietl, City Clerk
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Approval Of Resolution No. 2015 -049 Appointing Liz Johnson To The Economic
Development Commission
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF
2015 Budget Amendment
Sue Iverson, Acting City Administrator
MEMO.PDF
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Animal Impound Services Agreement
Jill Hutmacher, Community Development Director
MEMO.PDF, ATTACHMENT.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
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClung Vacant Regular City Council AgendaNovember 30, 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:
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Documents:
6.J.
Documents:
6.K.
Documents:
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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 PRESENTATIONSPresentation Of City Video TourJill Hutmacher, Community Development Director MEMO.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTESOctober 12, 2015, Special City Council Work Session10-12 -15 -WS.PDFOctober 19, 2015, City Council Work Session 10 -19 -15 -WS.PDFOctober 24, 2015, Special City Council Work Session10-24 -15 -WS.PDFOctober 26, 2015, Special City Council Work Session10-26 -15 -WS.PDFOctober 26, 2015, Regular City Council 10 -26 -15 -R.PDFNovember 16, 2015, City Council Work Session11-16 -15 -WS.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, Acting City Administrator/Director of Finance and Administrative ServicesAshley Bertrand, Accounting Analyst MEMO.PDFMotion To Approve Ordinance 2015 -011 In Planning Case 15 -022 (Accessory Antennas) And Motion To Approve Publishing A Summary Of Ordinance 2015 -011Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDFMotion To Approve Ordinance 2015 -010 In Planning Case 15 -019 (Window Transparency) And Motion To Approve Publishing A Summary Of Ordinance 2015 -010Matthew Bachler, Associate Planner
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF, ATTACHMENT D.PDF
2015 Pavement Management Program (PMP) Pay Estimate #6 And Change Order
No. 2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
2015 Sanitary Sewer Lining - Pay Estate #2
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Round Lake Road Area Improvement - Payment #10
John Anderson, Acting Public Works Director
MEMO.PDF, ATTACHMENT A.PDF
Motion To Acknowledge The Application Of Catholic United Financial For An
Exempt Permit To Conduct A Raffle With The Drawing Being March 10, 2016,
With No Waiting Period
Amy Dietl, City Clerk
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Approval Of Resolution No. 2015 -049 Appointing Liz Johnson To The Economic
Development Commission
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF
2015 Budget Amendment
Sue Iverson, Acting City Administrator
MEMO.PDF
CenturyLink Cable Franchise Agreement
Sue Iverson, Acting City Administrator
MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF,
ATTACHMENT C.PDF
Animal Impound Services Agreement
Jill Hutmacher, Community Development Director
MEMO.PDF, ATTACHMENT.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
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClung Vacant Regular City Council AgendaNovember 30, 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:5.B.Documents:5.C.Documents:5.D.Documents:5.E.Documents:5.F.Documents:6.6.A.Documents:6.B.Documents:6.C.
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6.I.
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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 PRESENTATIONSPresentation Of City Video TourJill Hutmacher, Community Development Director MEMO.PDFSTAFF COMMENTSRice Creek Commons (TCAAP) UpdateJill Hutmacher, Community Development Director MEMO.PDFTransportation UpdateJohn Anderson, Acting Public Works Director MEMO.PDFAPPROVAL OF MINUTESOctober 12, 2015, Special City Council Work Session10-12 -15 -WS.PDFOctober 19, 2015, City Council Work Session 10 -19 -15 -WS.PDFOctober 24, 2015, Special City Council Work Session10-24 -15 -WS.PDFOctober 26, 2015, Special City Council Work Session10-26 -15 -WS.PDFOctober 26, 2015, Regular City Council 10 -26 -15 -R.PDFNovember 16, 2015, City Council Work Session11-16 -15 -WS.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, Acting City Administrator/Director of Finance and Administrative ServicesAshley Bertrand, Accounting Analyst MEMO.PDFMotion To Approve Ordinance 2015 -011 In Planning Case 15 -022 (Accessory Antennas) And Motion To Approve Publishing A Summary Of Ordinance 2015 -011Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDFMotion To Approve Ordinance 2015 -010 In Planning Case 15 -019 (Window Transparency) And Motion To Approve Publishing A Summary Of Ordinance 2015 -010Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF2015 Pavement Management Program (PMP) Pay Estimate #6 And Change Order No. 2John Anderson, Acting Public Works Director MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF2015 Sanitary Sewer Lining - Pay Estate #2John Anderson, Acting Public Works Director MEMO.PDF, ATTACHMENT A.PDFRound Lake Road Area Improvement - Payment #10John Anderson, Acting Public Works Director MEMO.PDF, ATTACHMENT A.PDFMotion To Acknowledge The Application Of Catholic United Financial For An Exempt Permit To Conduct A Raffle With The Drawing Being March 10, 2016, With No Waiting PeriodAmy Dietl, City Clerk MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDFApproval Of Resolution No. 2015 -049 Appointing Liz Johnson To The Economic Development CommissionSue Iverson, Acting City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF2015 Budget Amendment Sue Iverson, Acting City Administrator MEMO.PDFCenturyLink Cable Franchise AgreementSue Iverson, Acting City Administrator MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDFAnimal Impound Services AgreementJill Hutmacher, Community Development Director MEMO.PDF, ATTACHMENT.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
NEW BUSINESS
UNFINISHED BUSINESS
COUNCIL COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClung Vacant Regular City Council AgendaNovember 30, 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:5.B.Documents:5.C.Documents:5.D.Documents:5.E.Documents:5.F.Documents:6.6.A.Documents:6.B.Documents:6.C.Documents:6.D.Documents:6.E.Documents:6.F.Documents:6.G.Documents:6.H.Documents:6.I.Documents:6.J.Documents:6.K.Documents:
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Page 1 of 1
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Jill Hutmacher, Community Development Director
SUBJECT: City Video Tour
The Economic Development Commission has collaborated with CTV to create a City Video
Tour. The tour is an economic development tool which informs prospective businesses of the
City’s business districts, amenities, and character. It highlights the City’s major employers,
convenient transportation access, and the proximity to Minneapolis and St. Paul. The tour has
been posted on the City’s website and YouTube channel.
PUBLIC PRESENTATION – 3A
MEMORANDUM
Page 1 of 1
DATE: November 30, 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 approved the TCAAP Comprehensive Plan Amendment (CPA) on
October 28, 2015. Ramsey County announced on November 13, 2015 that the demolition and
remediation project is complete, and the site has been cleaned to a residential standard.
The Joint Development Authority meeting originally scheduled for Monday, December 7, 2015,
has been cancelled.
STAFF COMMENTS – 4A
MEMORANDUM
Page 1 of 1
DATE: November 30, 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: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL WORK SESSION
OCTOBER 12, 2015
6:00 PM - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the special City
Council work session at 6:00 p.m.
Present: Mayor David Grant; Councilmembers Brenda Holden, Dave McClung, and Fran
Holmes
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative Services
Sue Iverson
1. APPROVAL OF AGENDA
The Council accepted the agenda as presented.
2. AGENDA ITEMS
A. Discussion with Recruitment Firm Regarding City Administrator Applicants
Discussion ensued among the City Council and the recruitment firm (Korn/Ferry) regarding the City’s
vacant City Administrator position. At the meeting, the recruitment firm presented the City Council
with the top ten candidates for consideration. It was noted that the candidates would be interviewed by
a panel of City staff on Friday, October 23, 2015, and by the City Council on Saturday, October 24,
2015.
ADJOURN
Mayor Grant adjourned the special City Council work session at 6:35 p.m.
__________________________ __________________________
Sue Iverson David Grant
Acting City Administrator Mayor
Approved: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
OCTOBER 19, 2015
5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Councilmember McClung called to order the City
Council work session at 5:01 p.m.
Present: Mayor Grant (arrived at 5:11 pm), Councilmembers Brenda Holden, Fran
Holmes, and Dave McClung
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative
Services Sue Iverson; Associate Planner Matthew Bachler; City Planner Ryan Streff, and
Deputy Clerk Julie Hanson
1. AGENDA ITEMS
A. Retail and Resale Businesses
Associate Planner Bachler stated that at the request of the former City Administrator, staff
researched options to further regulate retail sales of new and used goods in the City. He indicated
this was also included in the Planning Commission’s 2015 Work Plan and the primary change was
to create separate definitions in the Zoning Code; one for businesses engaged in the sale of new
goods, and a second definition for businesses primarily engaged in the sale of used or second-hand
goods such as a thrift store or a consignment store. The existing definition for retail sales and
services covers both the sale of new and used goods.
Associate Planner Bachler indicated that creating two separate classifications will allow the City
to better direct retail development within the city to specific zoning districts based on their stated
purposes.
Associate Planner Bachler stated that City staff presented this item to the Planning Commission
at their September 9, 2015, work session. The Planning Commission recommended no changes be
made at this time as they did not see the need to distinguish between the two uses.
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 2
Associate Planner Bachler asked for further direction from the City Council on whether these
changes should be pursued.
Councilmember McClung directed Councilmembers and City staff to the Land Use Chart in the
Zoning Code. He asked if this change pertains to the specific Zoning Districts where retail sales
and services uses are currently either permitted, accessory or conditional.
Councilmembers McClung, Holmes and Holden outlined the areas in the city where retail uses
are currently allowed as follows: along and behind Lexington Avenue on streets that include Red
Fox Road, Grey Fox Road, County Road E, County Road B2, as well as the Neighborhood
Business area and TCAAP site.
Associate Planner Bachler confirmed that the City is not looking to expand the area and stated
retail as a principal use is allowed only in the main commercial districts designated as follows: B-
2, B-3, and B-4, and Neighborhood Business. He said retail as an accessory use is allowed in the
industrial areas of I-Flex, I-1, and I-2. He stated if the Council wants to move forward with
creating a separate definition for resale businesses, they should consider in which zoning districts
that use would be appropriate. He also stated that the Council should consider if some districts
should allow both new and used retail businesses. He said this issue could be brought to the
Planning Commission for input regarding which zoning districts this would be appropriate.
Councilmember Holmes stated the Planning Commission feels there is a need in the city for
second hand stores partly due to popularity with the youth, but that they did not really think about
where those stores should be located. She said the Council is concerned more with where these
stores are located and that some cities have row after row of second-hand stores.
Councilmember Holmes believes there should be a second definition and that there should never
be a place where retail sales are not allowed. She feels retail sales should remain as they are and
that the Council should focus on where resale goods would be allowed by either conditional use or
permitted use.
Mayor Grant arrived at the meeting at 5:11 pm.
Discussion ensued regarding retail versus resale businesses and the zoning districts.
Councilmember Holmes outlined her recommendation for resale businesses in the various
zoning districts as follows:
N-B – Conditional
B-1 – Conditional
B-2 – Conditional
B-3 –Conditional
B-4 – Permitted
Do not touch MB
Associate Planner Bachler clarified that zoning districts MR and MB were created for the
TCAAP site. He said that once the City receives approval from the Met Council on the TCAAP
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 3
Comprehensive Plan Amendment, these districts will no longer exist and the City will then need
to undergo a similar exercise of looking at retail and resale uses for the TCAAP area.
A discussion ensued about whether or not creating the two separate designations is legal, to which
Associate Planner Bachler stated this is legally allowed.
Associated Planner Bachler also indicated that City staff will follow up with the City Attorney
to determine if there are any issues with classifying a business with new retail as permitted and a
business with resale retail as conditional within the same zoning district.
Councilmember Holden stated she is in favor of creating the separate designations.
Mayor Grant indicated he also is in favor.
Councilmember McClung stated the zoning code does not need to be changed.
Associate Planner Bachler asked if it is the consensus of the Council to create a separate land
use category for resale businesses and to allow that use in all the same districts as retail, but to
classify the resale business as conditional or permitted.
Councilmember Holden stated she did not agree to this, that the classification as conditional or
permitted is Councilmember Holmes’ recommendation.
Mayor Grant stated he would prefer to be more restrictive and would be fine with excluding
resale businesses altogether in the B-2 district.
A discussion ensued about what “conditional” means and if the new classification will help the
City to better direct development to the appropriate zoning districts as indicated on page 2 of this
item’s memorandum.
Associate Planner Bachler stated he will summarize this discussion with City Planner Streff, and
also follow up with the City Attorney regarding classifying conditional and permitted uses within
the same zoning district.
It was decided the matter will be discussed further at a future City Council work session.
B. Outdoor Display and Sales Zoning Regulations
Associate Planner Bachler stated that at the City Council’s work session in September, City staff
presented research regarding the way other cities regulate outdoor display and sales.
Associate Planner Bachler referenced updated revisions to the recommendations for display
dimensions which would allow no more than two (2) percent of the gross floor area of the
principal building or 300 square feet, whichever is greater. For properties with a principal building
greater than 15,000 square feet in size, the permitted display area would be based on two (2)
percent of the building footprint (such as grocery stores or home improvement stores).
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 4
Associate Planner Bachler noted there are other provisions which would have the effect of
limiting the size of the overall display area, including that pedestrian access cannot be obstructed
and that the display must be located adjacent to the principal building.
Associate Planner Bachler provided examples of three local businesses and what their permitted
display areas would be, and stated the recommendations from September’s work session have
been updated to include the revised display area and prohibit display areas on service station
islands. He stated the next step would be for City staff to draft an ordinance to bring to the
Planning Commission for a public hearing.
Councilmember Holden asked for clarification of “gross floor area” as it would pertain to a two-
story building. She asked if this is the gross floor area of just one level of the building or the
combination of the two levels.
Associate Planner Bachler stated that gross floor area refers to the total square footage of the
building, so for a two story building it would include the second floor.
Councilmember Holden stated this would mean a building with more levels can potentially have
a larger display area than a building of the exact same size with only level.
Associate Planner Bachler stated this was not necessarily the intent of staff. He noted that the
outdoor display and sales area would be limited to retail and service station uses that typically do
not have additional stories. He said that City staff will go back and amend this language.
Councilmember McClung suggested using the gross floor area of the existing retail area only of
a business as generally businesses would not have a retail area located on the second floor.
Mayor Grant asked for clarification of a display area. He asked if it included the area for people
to walk through the display or is it the actual dimensions of the display itself.
Associate Planner Bachler stated that the display area just refers to the dimensions of the display
itself. He added that the current recommendation made by City staff is that all businesses that
desire an outdoor display must submit a site plan detailing the display area and obtain an
administrative permit.
Mayor Grant asked how City staff arrived at 300 square feet as the maximum display area.
Associate Planner Bachler stated in review of other cities, only two have set limitations on the
size of the display area for all businesses regardless of size. He said a number of cities allow
display areas based on the square footage of the building, some up to 10% of the total square
footage.
Associate Planner Bachler indicated that the recommendation to increase the minimum display
area from 200 square feet to 300 square feet was in part due to a review of the Holiday Station
Store and the Shell Station. An aerial review of the Holiday property showed that a 200 square
feet display area would not cover what they currently have on display. Increasing the minimum
area to 300 square feet allowed more space to accommodate this building’s current display needs.
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 5
Councilmember Holden asked about a temporary display in the Cub Foods parking lot, such as a
fireworks tent.
Associate Planner Bachler stated this type of seasonal, temporary display is allowed under Cub
Foods’ original PUD that was approved for their site.
Mayor Grant suggested capping the allowable display area between 1,000 and 1,200 square feet.
Discussion ensued regarding the Frattallone’s Ace Hardware business and their outdoor display
area.
Discussion continued regarding various scenarios, the minimum square footage and a potential
cap of the allowed display area. Also discussed was limiting the type of display items as the
recommendation by staff would allow any items that are incidental to the primary use of the
property.
Councilmember Holmes referenced the City of Maple Grove’s restrictions on the types of
display, which limit items to those which require an outdoor sales location (plants, fuel) and items
that because of large volume/weight are more easily housed outdoors (salt, fertilizer).
Associate Planner Bachler stated some businesses leave their displays outside at all times and
others bring the items inside the building each night. He said the intent is to cover both types of
businesses.
City Planner Streff pointed out that some businesses do have common items displayed outside
that are available for purchase inside as well.
Councilmember McClung stated that the City should not be crafting this change based on the
existing businesses; the change should be crafted to include businesses that could potentially
come into the city in the future.
Councilmember Holden noted it appears the businesses that leave their displays outside
overnight are those which are generally open 24 hours a day and those businesses that are not
open overnight bring their items indoors. She asked if there should be a distinction between the
two types of displays (overnight versus brought indoors).
Councilmember Holden asked if there could be a limit on the number of times a business would
receive a permit for outdoor display.
Associate Planner Bachler stated that the recommendation is that once a permit for outdoor
display is issued, it is permanent as long the business continues to conform to the approved site
plan.
A discussion ensued regarding Maple Grove’s dimensional/location standards language of 200
feet from a residential property line unless separated by an arterial street and screened from all lot
lines, and how this language could apply in Arden Hills.
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 6
Associate Planner Bachler stated that language will be added regarding the additional
requirement that display areas be screened if they are less than 200 feet from a residential property
line as well as limiting the type of items as described in the City of Maple Grove’s requirements.
He said he will check directly with the City of Maple Grove.
C. Council Vacancy Discussion
Acting City Administrator Iverson stated once appointed, the new councilmember’s term will
run through the end of 2016. A special election along with the general election will take place to
fulfil the last two years of the unexpired term (2017-2018). She said she consulted the City
Attorney who confirmed that since the City has declared a vacancy, items that previously required
a 4/5 Council vote will now require a 3/4 vote for the duration until such time a new
councilmember is appointed. Regular items still need a 3/4 vote and the Mayor has special
authority to break a tie if there is a 2-2 vote on the Council vacancy appointment, per State statute.
Mayor Grant discussed a potential timeline regarding the appointment of a new councilmember.
A discussion ensued regarding the potential number of applicants and how to determine the
number of applicants that would receive an interview.
Mayor Grant discussed the following timeline:
Applications will be accepted December 1 through December 15, 2015
Interviews will be conducted two days the week of January 11, 2016, the first round
immediately preceding the January 11, 2015, Council meeting, and the second round
potentially on Wednesday, January 13, 2015.
Appointment of the new councilmember at the January 25, 2016 Council meeting
Councilmembers McClung, Holmes and Holden approved of this timeline.
It was discussed that the above timeline would be included in the November issue of the Arden
Hills Notes, noting specifically that the appointment will run through midnight of December 31,
2016, and if the appointed councilmember wished to continue, they must run in the special
election that will be held with the next general election.
2. COUNCIL COMMENTS AND STAFF UPDATES
Councilmember McClung referenced the sign at the former Carroll’s Furniture building and
asked that the new owner be notified that the sign must be removed.
Councilmember Holmes stated she left a message for City staff member Sara Grant as she
wanted to know which bench would be designated for Sue Schroeder.
Councilmember Holden said she would check with Sara Grant at the PTRC meeting the
following night. She also referenced the short notice of an invitation from Ramsey County for a
coffee event.
ARDEN HILLS CITY COUNCIL WORK SESSION – OCTOBER 19, 2015 7
Acting City Administrator Iverson indicated that following the October 15, 2015, Sheriff’s
meeting she received confirmation of the Coffee with a Cop event which will take place at the
Arden Hills Starbucks in December. She said this information will be included in the November
issue of the Arden Hills Notes and is currently on the City’s website. She stated she will also
email this information to the Mayor and Councilmembers.
City Planner Streff provided an update following the Met Council’s Community Development
Committee meeting. He stated that the Committee did approve the TCAAP amendment with no
changes.
A short discussion ensued regarding the Council interviews for a new city administrator scheduled
for Saturday, October 24.
ADJOURN
Mayor Grant adjourned the City Council work session at 6:27 p.m.
__________________________ __________________________
Julie Hanson David Grant
Deputy Clerk Mayor
Approved:
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL WORK SESSION
OCTOBER 24, 2015
8:00 AM - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the special City
Council work session at 8:00 a.m.
Present: Mayor David Grant; Councilmembers Brenda Holden, Dave McClung, and Fran
Holmes
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative Services
Sue Iverson
1. APPROVAL OF AGENDA
The Council accepted the agenda as presented.
2. AGENDA ITEMS
A. City Administrator Interviews
The City Council conducted City Administrator interviews.
ADJOURN
Mayor Grant adjourned the special City Council work session at 4:00 p.m.
__________________________ __________________________
Sue Iverson David Grant
Acting City Administrator Mayor
Approved: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL WORK SESSION
OCTOBER 26, 2015
5:45 PM - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the special City
Council work session at 5:49 p.m.
Present: Mayor David Grant; Councilmembers Brenda Holden, Dave McClung, and Fran
Holmes
Absent: None
Also present: Acting City Administrator and Director of Finance and Administrative Services
Sue Iverson
1. APPROVAL OF AGENDA
The Council accepted the agenda as presented.
2. AGENDA ITEMS
A. Discussion with Recruitment Firm Regarding City Administrator Applicants
The City Council and the recruitment firm (Korn/Ferry) discussed the applicant pool for the City
Administrator position and narrowed down the list to the City Council’s top three candidates. The
recruitment firm will begin conducting comprehensive checks and testing on the selected candidates.
ADJOURN
Mayor Grant adjourned the special City Council work session at 6:27 p.m.
__________________________ __________________________
Sue Iverson David Grant
Acting City Administrator Mayor
Approved: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
OCTOBER 26, 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.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, and
Dave McClung
Absent: None
Also present: Acting City Administrator Sue Iverson; Community Development Director
Jill Hutmacher; Acting Public Works Director John Anderson; City Planner Ryan Streff;
Associate Planner Matthew Bachler; and City Clerk Amy Dietl
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Councilmember Holmes requested that Item 3A be removed from the agenda, moving the Park
Bench Dedication portion to New Business Item 9A.
Councilmember McClung requested the addition of two items to the Consent Calendar. Item 6G
– Accept Bid for Sanitary Sewer Repair at 1323 Cannon Avenue from Valley-Rich Company and
Item 6H – Motion to Cancel the November 9, 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
Anders Sumberg, Troop #408, explained that he is working on his Communications Badge as an
Eagle Scout.
ARDEN HILLS CITY COUNCIL – OCTOBER 26, 2015 2
3. PUBLIC PRESENTATIONS
A. Proclamation in Recognition of Sue Schroeder, Former Communications
Committee Member
This item was removed from the agenda.
4. STAFF COMMENTS
A. Rice Creek Commons (TCAAP) Update
Community Development Director Hutmacher stated that 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
B. Transportation Update
Acting Public Works Director Anderson reported that the pavement leading to the approach of
the County Road F bridge would be milled this week. He indicated that the trail along the County
Road F bridge would also be paved. He commented that there has been a delay in receiving the
railing for the bridge, but anticipated that the bridge would still be open for use in early
November.
Acting Public Works Director Anderson indicated that the County Road 96 bridge signals are
being installed and that concrete work will continue over the next two weeks. He anticipated that
this bridge will be open in early November.
Acting Public Works Director Anderson explained that the base course on Lake Lane was
paved last week, which means that all streets within the City PMP have curb, gutter and base
pavement in place. The contractor will continue to finish up the landscaping this fall and the
wear course will be installed on Wednesday, Thursday and Friday of this week, weather
permitting.
Acting Public Works Director Anderson stated that Ramsey County will begin a culvert outlet
project in early November on Lake Valentine. This culvert is located on Old Highway 10 just
south of County Road E2. In order for this work to be completed, the roadway has to be closed.
He anticipated that the road closure will take place on November 9th and will continue for two to
three weeks.
Mayor Grant questioned how long the culvert project will take the County to complete.
Acting Public Works Director Anderson estimated that the project will take two to three weeks.
Councilmember Holden requested that staff drive along Lake Johanna Boulevard at the base of
Lake Lane to see if the roadway is dipping or sinking.
ARDEN HILLS CITY COUNCIL – OCTOBER 26, 2015 3
Acting Public Works Director Anderson commented that he will investigate this further.
5. APPROVAL OF MINUTES
A. October 12, 2015 Regular City Council
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the October 12, 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 Sanitary Sewer Lining Pay Estimate #1
C. Motion to Approve Arden Plaza Planned Unit Development Agreement – Fourth
Amendment – Hemisphere Restaurant Partners
D. Motion to Accept 3rd Quarter Financials
E. Motion to Approve Parks, Trails and Recreation Committee (PTRC) Appointments
F. Motion to Approve Resolution 2015-048 Accepting the Liability Coverage Limits
from the League of Minnesota Cities Insurance Trust (LMCIT) for 2016
G. Motion to Accept Sanitary Sewer Repair at 1323 Cannon Avenue from Valley
Ridge Company in the amount of $27,300.
H. Motion to Cancel the November 9, 2015, City Council meeting.
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the Consent Calendar as amended adding Items 6G and
6H, 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. CenturyLink Cable Franchise Agreement
Acting City Administrator Iverson explained that Arden Hills is one of nine member cities in
the North Suburban Cable Commission. This group recently reviewed and approved a cable
franchise for CenturyLink. She reported that each member city is now being asked to review and
approve the cable franchise agreement as well.
Michael Bradley, attorney for the North Suburban Cable Commission, provided the Council with
a presentation on the CenturyLink cable franchise. He then provided comment on the franchise
approval process, along with the proposed build-out timeline and red line provisions. The overall
goal would be to have Arden Hills built-out in the next five years. He reported that the build-out
would be based on market success and required an equitable deployment to all households in each
ARDEN HILLS CITY COUNCIL – OCTOBER 26, 2015 4
member city. Further discussion ensued regarding the reasonable build-out requirements for
CenturyLink.
Mr. Bradley discussed the proposed franchise fees and reported that CenturyLink would be
paying 5% of its gross revenues to member cities. He reported that this is the same rate being paid
by Comcast. He provided further comment on the PEG access requirements that have been agreed
upon with CenturyLink. It was noted that the CenturyLink franchise term is five years. He then
compared the franchises between Comcast and CenturyLink and explained that they were quite
similar.
Mayor Grant asked what cable services CenturyLink would be providing to its customers.
Mr. Bradley discussed the cable, telephone and internet services that CenturyLink would provide
to its customers. He reported that the bundled package for their services is called Prism.
Mayor Grant questioned if CenturyLink would be providing service to both of the City’s public
buildings.
Mr. Bradley stated this that was the case and that high speed internet services would also be
provided to City Hall.
Councilmember Holden asked how CenturyLink’s customer service would be monitored. She
wanted to see CenturyLink’s customer support held to a higher level than Comcast’s customer
service.
Mr. Bradley commented that the language included within the agreement mirrored federal law.
He noted that there is a penalty for cable franchises that violate the customer service provisions.
Councilmember Holden appreciated the services that would be provided to the member cities.
Mayor Grant inquired if the CenturyLink PEG fees would be maintained if Comcast was able to
negotiate lower fees.
Mr. Bradley explained that PEG fees could go up or down depending on negotiations.
Further discussion ensued regarding the Comcast PEG fees.
Mayor Grant opened the public hearing at 7:52 p.m.
Patrick Hagerty, CenturyLink representative, thanked the Council for considering the
CenturyLink franchise. He stated that he is excited to be at this point and for being able to bring
CenturyLink services into this market.
Councilmember Holden asked if Prism is being offered in any other markets.
Mr. Hagerty reported that CenturyLink is offering Prism in 19 markets throughout the United
States.
ARDEN HILLS CITY COUNCIL – OCTOBER 26, 2015 5
Mayor Grant questioned if CenturyLink would be offering any channels in UHD.
Mr. Hagerty explained that CenturyLink recognizes the trends forthcoming, however, they have
not committed to any one new technology.
Mayor Grant closed the public hearing at 8:00 p.m.
Mayor Grant asked if the City had a deadline for approving the cable franchise for CenturyLink.
Mr. Bradley reported that there is no deadline and that all member cities will be reviewing this
information in November and December of 2015.
Mayor Grant directed staff to place this item on the November 30th City Council agenda.
9. NEW BUSINESS
A. Sue Schroeder Park Bench Dedication
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion dedicating a park bench plaque for Sue Schroeder, to be placed on a
park bench in Crepeau Park; and thanking Ms. Schroeder for her 20 years of
dedicated service to the City of Arden Hills while serving on the
Communications Committee. The motion carried (4-0).
10. UNFINISHED BUSINESS
None.
11. COUNCIL COMMENTS
Councilmember Holden requested an update on the award the City was being considered to
receive.
Community Development Director Hutmacher reported that the City of Arden Hills is being
considered for the Leaders in Local Government Award which is sponsored by the St. Paul Area
Chamber of Commerce.
Councilmember McClung explained that he attended the memorial service for Councilmember
Woodburn. He appreciated Councilmember Woodburn’s years of service to the community.
Mayor Grant requested that staff provide the Council with a list of Report a Concerns received
via the City’s website.
Acting City Administrator Iverson reported that she has created a spreadsheet of the Reports of
Concerns received over the past year. She noted that this list will be reviewed by staff and will
then be forwarded to the City Council. She discussed how the City’s website would be used in the
future to track Reports of Concern.
ARDEN HILLS CITY COUNCIL – OCTOBER 26, 2015 6
Mayor Grant was proud to announce that Sue Iverson was awarded a very prestigious award, the
Thomas J. Moran Award, by the Minnesota Government Finance Officers Association for her
outstanding contributions and services rendered to the improvement and advancement of the
quality of Public Finance Administration. Since its inception in 1980, the award has only been
presented to 16 individuals.
Mayor Grant reported that the Council will be taking applications for the vacant City Council
seat from December 1st through December 15th. Applications for this position can be found at
City Hall or on the City’s website.
ADJOURN
MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to
adjourn. The motion carried unanimously (4-0).
Mayor Grant adjourned the regular City Council meeting at 8:14 p.m.
__________________________ __________________________
Amy Dietl David Grant
City Clerk Mayor
Approved: November 30, 2015
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL WORK SESSION
NOVEMBER 16, 2015
5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Grant called to order the City Council work
session at 5:04 p.m.
Present: Mayor Grant, Councilmembers Fran Holmes and Dave McClung
Absent: Brenda Holden (Excused)
Also present: Acting City Administrator and Director of Finance and Administrative
Services Sue Iverson; Acting Public Works Director John Anderson; Community
Development Director Jill Hutmacher; City Attorney, Joel Jamnik; Attorney James Monge,
Campbell Knutson; Stacie Kvilvang, Ehlers and Associates; Associate Planner Matthew
Bachler; City Planner Ryan Streff; Finance Analyst Dave Perrault; Accounting Analyst,
Ashley Bertrand; and Deputy Clerk Julie Hanson
1. AGENDA ITEMS
A. Draft Public Use Dedication Ordinance
Community Development Director Hutmacher noted Stacie Kvilvang of Ehlers and Associates
and City Attorney Joel Jamnik were present, and she introduced Attorney James Monge also of
Campbell Knutson. She said it has been on the TCAAP “to do list” to review both the park
dedication ordinance and the park dedication fees to make sure the City has both the language it
needs and that the right financial amount is established. While a large focus is placed on TCAAP,
it was noted this is a city-wide ordinance, and so must address all redevelopment and reuse
projects in the city.
City Attorney Jamnik stated he is in favor of a new ordinance that clarifies redevelopment and
reuse issues.
Community Development Director Hutmacher indicated the draft public use park dedication
ordinance breaks the park fee into two components: land dedication (which could be in the form of
donated land or cash in order to acquire land) and a park development fee (dollars collected that
would go toward capital improvements/development of the parks).
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 2
Community Development Director Hutmacher stated that in a reuse situation, the City could
choose to waive the land dedication fee but still collect a park development fee. She also said that
for commercial land dedication, 5% of the value of the land is required to be dedicated but
residential land dedication would vary based on density as it is assumed a higher density residential
area has a greater need for public open space. This would result in a greater land dedication
requirement. She noted the density thresholds in the draft ordinance are aligned with the densities
of the TCAAP zoning.
Community Development Director Hutmacher indicated that the park development fee is a per
unit fee; therefore, a multi-family development would pay a higher park development fee than a
single family home. The draft ordinance language states that the park development fee may be
reduced for developer installed public park improvements. In that situation, the City would
consider the developer’s proposed improvements and make proportionate reductions to the park
development fee. She also said that some cities allow private improvements to be used to offset the
park dedication fee but this is excluded in Arden Hills as the City is trying to develop a community
park system.
Community Development Director Hutmacher stated that during the development of the
TCAAP Master Plan, there was an analysis of the City’s existing park amenities and population,
and the information was then extrapolated to determine the need for park space and amenities at
TCAAP. Sample park layouts were presented to the PTRC and then reviewed by the City Council.
Subsequently, the City contracted with HKGi to estimate park development costs.
Community Development Director Hutmacher noted the draft ordinance states that if there is a
subdivision occurring adjacent to a trail identified in the City’s comprehensive plan (e.g., on
TCAAP, the north/south trail and the trail along the natural resources corridor), the
subdivider/developer must provide a connection to the City trail and there would be no reduction
in park dedication fees.
Stacie Kvilvang stated the goal of the proposed fee structure is to ensure the City gets what it
needs for the types of park improvements desired. She said there must be a comfort level in the
ordinance by both Legal and City staff that the City can make the determination if it wants to
charge a fee versus acquiring dedicated land. The proposed fees are based upon unit counts (1431)
and dedicated land requirements (24 acres) per the City’s approved Master Plan.
The following table represents the park land, improvements and financing costs:
Councilmember Holmes asked for clarification of Park A and Park B.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 3
Community Development Director Hutmacher indicated that Park A is a small park on the west
side of the spine road between the commercial and office area, and Park B is located by the water
treatment facility. It was noted the Town NH park is along the pedestrian corridor and the two
parks in the Hill area are combined in this table.
Mayor Grant asked how the cost per acre was calculated.
Stacie Kvilvang noted that while the improvement and financing costs listed in the table are
approximately $8 million, her initial estimate was closer to $9 million and that the City had settled
on $7 million. She said she is concerned $7 million may be too little if costs come in higher. The
table includes $7 million in park development costs and approximately $1.2 million in financing
costs.
Stacie Kvilvang stated that to determine the per acre cost, she took the total land value of
approximately $66 million and broke it out based on residential, office, retail, and commercial. She
used the initial model from Ramsey County as far as what they were anticipating for land sale
proceeds and the fair market value. The land dedication percentage would be based on an actual
sale price.
Stacie Kvilvang discussed the three fee structure scenarios:
In Scenario 1, commercial and residential pay a park development fee but there is no land
dedication fee. To reach the total needed for improvement and financing costs of $8.2 million, the
residential park development fee would have to be approximately $4,300 per unit. This scenario
does not work well as this formula nets 32 dedicated acres while the City has planned for 24
dedicated acres. In addition, it puts the burden on residential units to pay significantly more.
Because the ordinance gives the City discretion on whether to accept cash or land, the City is able
to avoid Scenario 1.
In Scenario 2, the County or developer dedicates residential land and commercial pays a total land
dedication fee of 10% of the land value. In this example, the residential park development fee is
reduced to $2,900. She said this figure is common in the metro area and meets the City’s goals.
In Scenario 3, the City receives no dedicated land from the County or developer and so the City
must purchase the land. The City would charge a land dedication fee for both residential and
commercial and there also would be a park improvement fee.
Mayor Grant asked what figures were used.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 4
Stacie Kvilvang stated she had to work with the County’s figures from approximately 1½ years
ago but also has had discussions with the Ramsey County Assessor. These numbers are still within
the current market value and are typical in other current residential developments.
Councilmember Holmes asked for clarification of Scenarios 2 and 3 and wanted to know why
they must give the City land.
Community Development Director Hutmacher said the City’s ordinance offers both options as
we want to make sure the ordinance works no matter what happens.
Councilmember McClung stated that as there is no agreement with the County and also no
developer, the City does not know if it must buy the land or if it will be dedicated; therefore, the
new ordinance needs to work for both scenarios.
City Attorney Jamnik stated this language must apply throughout the city for redevelopment and
should be updated annually, if needed.
Community Development Director Hutmacher proposed taking the draft ordinance to the
Planning Commission for public hearing on December 9, 2015, and then to the City Council for
adoption on December 14, 2015.
Councilmember Holmes asked what the difference was between a cash contribution in lieu of
land dedication and a park development fee.
City Attorney Jamnik stated the difference is that cash in lieu of land dedication means the City
would receive cash instead of land, and the park development fee relates to the cost to improve the
park with amenities and facilities infrastructure.
Councilmember Holmes asked why the old ordinance states “as reasonably required by the City”
and the new draft states “as determined by the City”, noting the difference between required and
discretion.
City Attorney Jamnik stated it is his view that it would be less beneficial to say “required”
because a court could supplant its own logic and reason, whereas using “discretion” leaves the
decision to the City Council. He stated this type of language is consistent with most of the park
ordinances that have changed over last 10 or 20 years.
Further discussion ensued regarding residential versus commercial and industrial dedication fees.
Community Development Director Hutmacher indicated that the park development fee amount
would be included in the fee schedule and not in the ordinance as the fee may need to be amended
annually due to inflation.
Councilmember McClung said his concern is the City is going on guesses and hopes it is
capturing enough from the beginning without having to increase the fees further down the process.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 5
Mayor Grant agreed. He stated he prefers the parks to have amenities to help drive the sales
versus not having enough funding to make it all happen. He said he does not want to “go over the
top” but is concerned the amount may come up short.
Stacie Kvilvang said fees would go up exponentially for another million dollars which would not
get the City much more. She said depending on what the City decides the parks should look like, it
may not be able to charge enough to get repaid and would have to make up the difference by using
existing account balances or issuing a bond.
Councilmember McClung asked Ms. Kvilvang what her personal comfort level is for the
residential per unit charge.
Stacie Kvilvang stated $4300 is the maximum but feels $3600 to $3800 per residential unit is fair
based on the current market.
City Attorney Jamnik stated that developers typically compare this fee to what other cities are
charging without looking at the capital improvement plan, history, goals or community. He said if
there is more than a $700 to $800 difference, they may request an explanation of the difference.
He felt a $3500 residential unit charge is utilized by enough cities that there should not be many
questions.
Councilmember McClung said he is comfortable with this range.
Mayor Grant stated this figure seems reasonable and that since City staff and the City Attorney
have reviewed the ordinance’s wording and have a relative comfort level, this item will be placed
on the December 14, 2015, agenda.
Stacie Kvilvang left the meeting at 6:53.
Community Development Director Hutmacher asked if the Council had any questions for the
City Attorney regarding the next agenda items.
Councilmember Holmes asked the City Attorney if he has any problems with the City charging an
administrative fee and an escrow fee.
City Attorney Jamnik stated that other cities are doing this and it is growing in popularity for a
number of reasons.
City Attorney Jamnik left the meeting at 6:55 pm.
B. 2016 Land Use Application Fees
Community Development Director Hutmacher stated City staff collected data from adjacent
cities (Roseville, Mounds View, New Brighton and Shoreview) as well as “development” cities
(Blaine, Woodbury, Bloomington and Maple Grove), and discovered that fees and the way they are
administered, vary widely. Brooklyn Park and Plymouth use an escrow approach and both cities
said they have received no negative feedback regarding this system.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 6
Community Development Director Hutmacher said that in Plymouth, if multiple approvals are
sought, only the largest escrow is charged. In Brooklyn Park, an administrative fee and an escrow
fee are charged for each approval requested. City staff suggests following the Brooklyn Park
model which keeps administrative fees and escrows low but charges for multiple approvals so that
as requests come in that are more complicated and larger, the corresponding fees charged will be
larger.
Community Development Director Hutmacher explained that an administrative fee would cover
overhead and an escrow fee would cover public hearings, engineering, planning, attorney, and
consultant costs. She said there are several advantages to this system as it is a simpler approach
for developers and also will help with incomplete or inaccurate submittals. She said the proposed
fees have taken into consideration an inflation adjuster for City staff’s hourly rate and benefits,
which will change each year.
Community Development Director Hutmacher indicated there are some challenges which
include Planning staff tracking their time and Finance having a system in place to monitor the
escrow accounts. It should be noted there is a system already in place for engineering projects. She
said that staff will work with Finance regarding this new system.
Councilmember Holmes asked for clarification of what the administrative fees cover and how the
process would work.
Community Development Director Hutmacher said the administrative fees cover overhead and
include everything from the front desk answering the phone to training, IT, other staff time and
office space. She said if the Council feels this fee is too high, it can be further reviewed.
Acting City Administrator Iverson stated that Finance and Planning staff would work together to
track the accounts and she does not think the proposed fees are out of line when compared to
processing liquor and business licenses. There is already a process in place for Engineering, so the
same process will be applied.
A discussion ensued regarding how this new system would apply to the JDA.
Mayor Grant requested that the Council receive a report regarding this new process and charges
on a quarterly basis once they start.
Acting City Administrator Iverson stated she will add this as another schedule to the quarterly
report that the Council already receives.
Mayor Grant stated this plan is defensible, easy to explain, and has the element of fairness.
Community Development Director Hutmacher stated the new land use application fees will be
updated and included in the December 14, 2015, packet for approval.
C. B2/B3 Design Standards and Façade Transparency Amendment
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 7
Community Development Director Hutmacher stated the 2015 Planning Commission Work
Plan included a task to clarify transparent versus non transparent coverage. At their September 9,
2015, meeting, the Planning Commission questioned whether additional amendments to B2/B3
Zoning Districts were necessary and asked that staff obtain City Council direction. She said a
public hearing regarding the ordinance amendment was held on November 4, 2015. The Planning
Commission voted to recommend the City Council approve the ordinance amendment, and staff
recommends this item be placed on the November 30, 2015, agenda as an interim solution.
Councilmember McClung supported moving forward with the ordinance amendment.
Mayor Grant concurred but wanted a better understanding from staff as to the Planning
Commission’s direction in terms of other items in the B2/B3 Zoning Districts.
Associate Planner Bachler indicated the Planning Commission’s main concerns were building
setback requirements and placement of parking lots (currently, parking lots are to be located at the
side or rear of a building). He said the Planning Commission suggested discussing this item at the
joint Planning Commission/City Council Work Session in January 2016.
Discussion ensued regarding the City’s vision for the B2/B3 Zoning Districts.
Community Development Director Hutmacher indicated that City staff recommends that
Council consider the proposed ordinance amendment at their next regular meeting, but can provide
more in-depth information if the City Council wishes to further review as part of the 2016 Work
Plan.
The Council supported moving forward with the ordinance amendment.
D. 2016 Fee Schedule
Acting City Administrator Iverson explained that the City Council annually establishes a fee
schedule. She provided the Council with a recap of the fee schedule changes in recent years. She
stated that staff has reviewed the fee schedule and has also researched the “Municipal License and
Permit Fee Survey” results on Metro Cities’ website to evaluate Arden Hills’ rates to determine if
Arden Hills is comparable. A few changes as noted in red were recommended for the 2016 fee
schedule.
Mayor Grant asked about fees for impounding signs.
Community Development Director Hutmacher stated staff removes signs that violate the City’s
ordinance and will return the sign to the owner upon payment of a fee.
Councilmember Holmes requested the following language be added to the picnic table item: “Fee
waived for Night to Unite and other public events open to all Arden Hills residents”. She also
asked for clarification of SAC and WAC fees.
A discussion ensued regarding how SAC and WAC fees (Water Availability Fee) are calculated.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 8
Councilmember Holmes asked about the increase in water and utility rates and also for
clarification as to why the figures in the proposed budget show a negative dollar figure.
Acting City Administrator Iverson explained the rate setting process and also explained the budget
and cash balances.
A discussion ensued about the TCAAP development area and how it affects the figures in the 2016
proposed budget. It was noted a comprehensive rate study will be performed in the future once the
City knows what the County is going to do with the property.
The Council agreed to place approval of the fee schedule on the December 14, 2015, agenda.
E. Budget & CIP
Acting City Administrator Iverson reviewed changes made to the CIP as directed by City
Council at their work session in August 2015.
Acting City Administrator Iverson stated that some items will require further discussion and
advised waiting for the new City Administrator and Public Works Director to be hired. She
suggested the Council discuss future PMP prioritization at a future work session next spring.
Acting Public Works Director Anderson discussed the proposed 2016 sidewalk additions along
Highway 96 and County Road F. He said the two projects could be split (do the County Road F
sidewalk project in 2016 and the Highway 96 sidewalk project in 2017 in conjunction with the
TCAAP spine road) or both projects could be done in 2017, which would be more cost effective.
The Council agreed to move both sidewalk projects to 2017.
Mayor Grant asked about the status of the sanitary sewer lining rehabilitation program.
Acting Public Works Director Anderson said progress has been made, he had no concerns, and
that he will put together a summary of the status of the program for discussion in the future.
Discussion then ensued regarding the operating budget and upcoming truth in taxation hearing on
December 14, 2015.
Acting City Administrator Iverson stated the Council adopted the preliminary levy of 3.5%
which results in an approximate $8.00 increase on a median value home. She stated the 2016
budget proposal was prepared using a 3% COLA increase for City staff and noted union
negotiations are currently in process. She stated there will be an increase of 6.5% in health
insurance premiums and a 2.9% increase in dental premiums.
A discussion ensued regarding the General fund and changes to Park and Recreation staff salaries’
allocation from 2015 to 2016. It was also noted Public Works is requesting the addition of one
seasonal staff member to perform duties solely related to public and private rain gardens in the
surface water management fund.
ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 16, 2015 9
Councilmember McClung asked about the staff comment that the City newsletter could be
moved from the Mayor/Council (general fund) budget to the cable budget.
Acting City Administrator Iverson explained that according to the City’s cable franchise
agreement, the fees for the newsletter can be paid out of that fund as all criteria are met.
The Council agreed to move this fee to the cable fund for both 2015 and 2016. Acting City
Administrator Iverson will do a budget amendment to reclassify the newsletter expenses for 2015.
2. COUNCIL COMMENTS AND STAFF UPDATES
Acting City Administrator Iverson stated that on Tuesday, November 17, she would hand
deliver the materials regarding the special work session scheduled for 6:00 pm on Monday,
November 23, 2015, and that the telephone will be set up in case Councilmember Holden cannot
attend the meeting in person.
Mayor Grant asked if the ramps at Highway 96 are open. He also asked about the tentative work
session set for November 30 at 6:00 pm. He requested Community Development Director
Hutmacher provide to the Council copies of the City’s goals and the County’s goals regarding
TCAAP priorities.
Community Development Director Hutmacher stated the December JDA meeting may be
cancelled and requested that Mayor Grant speak directly to Chair Sand to confirm.
A short discussion ensued regarding the City’s goals and the County’s goals as they pertain to the
TRC.
Mayor Grant cancelled the 6:00 pm, November 30, 2015, work session and stated this
information will be discussed at the December 21, 2015, work session.
Councilmember Holmes stated she will not be able to attend the December work session.
Acting City Administrator Iverson asked for input regarding the Ramsey County Sheriffs’
annual review and said she would email information to the Councilmembers.
Community Development Director Hutmacher indicated that Associate Planner Bachler has
passed the AICP exam, which is a big accomplishment. She will write up a short narrative
regarding the AICP.
ADJOURN
Mayor Grant adjourned the City Council work session at 7:50 p.m.
__________________________ __________________________
Julie Hanson David Grant
Deputy Clerk Mayor
Page 1 of 1
DATE: November 30, 2015
TO: Honorable Mayor and City Council Members
FROM: Sue Iverson, Acting City Administrator/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 #23 .................................................................................... $ 93,787.79
2015 Payroll #24 .................................................................................... $ 73,287.41
Total Payroll $ 167,075.20
Accounts Payable Claims Through 11/25/2015
Paid Claims (Check No 0 Sales Tax EFT) ............................................. $ 16,240.06
Paid Claims (Check No 45180-Check No 45220) ................................. $ 140,951.86
Paid Claims (Check No 45224-Check No 45285) ................................. $ 102,758.80
Paid Claims (Check No 45221-Check No 45223) ................................. $ 67,191.70
Paid Claims (Check No 45286-Check No 45288) ................................. $ 466,856.68
Total Accounts Payable $ 793,999.10
Total Claims $ 944,834.24
CONSENT ITEM - 6A
MEMORANDUM
CITY OF ARDEN HILLS
PAYROLL # 23
CHECKS DATED: 11/06/15
Biweekly: 10/17/15 - 10/30/15
EMPLOYEE DEDUCTIONS AMT.Payment Method
FIT 6,391.99 EFT
SIT 2,809.02 EFT
FICA Oasdi 3,934.61 EFT
FICA Medicare 920.18 EFT
TOTAL TAXES 14,055.80
Health Premium 6,609.89 A/P Check*
Dental Premium A/P Check*
FSA Health Care Reimb. 145.83 A/P Check*
FSA Dependent Care Reimb. 370.83 A/P Check*
TOTAL FLEXIBLE SPENDING 7,126.55
HSA Health Saving 622.49
Health Care Savings Plan EFT
Health Care Savings Plan-2% 248.88 EFT
Health Care Savings Plan-4% 166.28 EFT
TOTAL HEALTH SAVINGS 1,037.65
PERA 4,002.18 EFT
ICMA 1,516.79 EFT
Central Pension Fund-Union 614.40 A/P Check*
MN State Retirement System 682.61 EFT
TOTAL RETIREMENT 6,815.98
IUOE 49 Dues (Union) 134.00 A/P Check*
LTD/STD Insurance 1,152.87 A/P Check*
PERA Life Insurance 32.00 A/P Check*
CITY BENEFIT
3,934.61
920.18
4,854.79
13,824.23
1,105.98
14,930.21
1,968.54
1,968.54
4,617.87
0.00
4,617.87
PERA Life Insurance 32.00 A/P Check
Life/Addl/Dep Life 117.40 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 1,777.53
Total Employee Deductions 30,813.51
Net Payroll 0.00
Direct Deposit 41,011.66 EFT
Gross Payroll Tie-Out 67,325.17
STD/LTD Gross - Up 0.00
Plus City Paid Benefit 26,462.62
ICMA Benefit Held 0.00
TOTAL PAYROLL COST 93,787.79
FICA TIE-OUT
Gross Payroll 67,325.17
Less Total FSA 7,126.55
Plus Employer Match ICMA 0.00
Plus ICMA Benefit Held 0.00
Net P/R Subject to FICA 60,198.62
FICA Oasdi @ 6.20%3,934.61
FICA Medicare @ 1.45%920.18
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.
91.21
91.21
CITY OF ARDEN HILLS
PAYROLL # 24
CHECKS DATED: 11/20/15
Biweekly: 10/31/15 - 11/13/15
EMPLOYEE DEDUCTIONS AMT.Payment Method
FIT 6,205.60 EFT
SIT 2,548.13 EFT
FICA Oasdi 3,719.63 EFT
FICA Medicare 869.89 EFT
TOTAL TAXES 13,343.25
Health Premium 2,109.89 A/P Check*
Dental Premium A/P Check*
FSA Health Care Reimb. 285.30 A/P Check*
FSA Dependent Care Reimb. 180.82 A/P Check*
TOTAL FLEXIBLE SPENDING 2,576.01
HSA Health Saving 622.49
Health Care Savings Plan EFT
Health Care Savings Plan-2% 324.85 EFT
Health Care Savings Plan-4% 191.22 EFT
TOTAL HEALTH SAVINGS 1,138.56
PERA 4,150.87 EFT
ICMA 1,590.95 EFT
Central Pension Fund-Union 614.40 A/P Check*
MN State Retirement System 687.41 EFT
TOTAL RETIREMENT 7,043.63
IUOE 49 Dues (Union) 134.00 A/P Check*
LTD/STD Insurance 0.00 A/P Check*
PERA Life Insurance 32.00 A/P Check*
4,789.44
0.00
0.00
4,789.44
0.00
0.00
0.00
0.00
CITY BENEFIT
3,719.63
869.89
4,589.52
PERA Life Insurance 32.00 A/P Check
Life/Addl/Dep Life 117.40 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 624.66
Total Employee Deductions 24,726.11
Net Payroll 0.00
Direct Deposit 39,181.75 EFT
Gross Payroll Tie-Out 63,908.45
STD/LTD Gross - Up 0.00
Plus City Paid Benefit 9,378.96
ICMA Benefit Held 0.00
TOTAL PAYROLL COST 73,287.41
FICA TIE-OUT
Gross Payroll 63,908.45
Less Total FSA 2,576.01
Plus Employer Match ICMA 0.00
Plus ICMA Benefit Held 0.00
Net P/R Subject to FICA 61,332.44
FICA Oasdi @ 6.20%3,719.63
FICA Medicare @ 1.45%869.89
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.
0.00
0.00
1
Ashley Bertrand
From:MN Revenue e-Services [eservices.mdor@state.mn.us]
Sent:Monday, November 16, 2015 4:49 PM
To:Ashley Bertrand
Subject:Your Recent Return and Payment Requests
This email is an automated notification and is unable to receive replies.
Sales and Use Tax - Return Submitted
Thank you, your request has been submitted. Please allow 3 business days for your return to appear online. Please allow 3 business
days from 20-Nov-2015 for your payment to appear online. You can change or cancel this request until 5:00 p.m. Central time.
Confirmation Summary
Submitted Date and Time: 16-Nov-2015 4:48:38 PM
Legal Name: ARDEN HILLS CITY OF
Federal Employer ID: 41-6008992
User Who Submitted: Accounting Analyst
Type of Request Submitted: Return for 10/31/2015
Account Name: ARDEN HILLS CITY OF
Minnesota ID: 9047998
Return Summary
Return Confirmation Number: 0-339-910-720
Account Type: Sales & Use Tax
Filing Period: 31-Oct-2015
Projected Amount/Credit Due: $16,234.00
Payment Summary
Payment Confirmation Number: 1-413-652-544
Account Type: Sales & Use Tax
Filing Period: 31-Oct-2015
Payment Amount: $16,234.00
Payment Type: Return
Payment Date: 20-Nov-2015
Bank Name: US BANK NA
Bank Account Number: ********9377
Contact Us
If you need further assistance, contact our Sales and Use Tax Division at 651-296-6181, (toll-free) 800-657-3777, or (email)
SalesUse.Tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday.
How to View and Print this Request
You can see copies of your requests by going to the History Tab.
This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the
intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is
prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message
and any attachments. Thank you.
Accounts Payable
User:
Printed:
ashley.bertrand
11/24/2015 1:53 PM
Checks by Date - Detail by Check Date
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
0225 Lillie Suburban Newspapers 10/30/2015ACH
10302015LSN 2015 State of the City 2015 State of the City 563.20
563.20Total for this ACH Check for Vendor 0225:
0320 Health Partners 10/30/2015ACH
61779001 November 2015 Dental Insurance November 2015 Dental Insurance 1,237.19
1,237.19Total for this ACH Check for Vendor 0320:
0381 ICMA Retirement Corporation 10/30/2015ACH
15819 Q4 2015 Plan Fees Q4 2015 Plan Fees 250.00
250.00Total for this ACH Check for Vendor 0381:
0750 Verizon Wireless 10/30/2015ACH
9753545181 Sept/Oct 2015 Cell Phone Charges Sept/Oct 2015 Cell Phone Charges 120.06
9753760984 Sept/Oct 2015 Cell Phone Charges Sept/Oct 2015 Cell Phone Charges 924.45
1,044.51Total for this ACH Check for Vendor 0750:
1363 Water Conservation Service, Inc. 10/30/2015ACH
6321 September 2015 Leak Locates September 2015 Leak Locates 252.88
252.88Total for this ACH Check for Vendor 1363:
1785 EcoEnvelopes 10/30/2015ACH
1458 October 2015 UB Processing October 2015 UB Processing 319.93
1458 October 2015 UB Processing October 2015 UB Processing 319.93
1458 October 2015 UB Processing October 2015 UB Processing 319.93
959.79Total for this ACH Check for Vendor 1785:
5173 Badger Meter, Inc.10/30/2015ACH
1062112 Q3 2015 Services Charges Q3 2015 Services Charges 472.50
472.50Total for this ACH Check for Vendor 5173:
5587 CES Imaging 10/30/2015ACH
INV024996 Sept 2015 Plotter Rental Charges Sept 2015 Plotter Rental Charges 60.00
INV025322 September 2015 Plotter Rental charges September 2015 Plotter Rental charges 60.00
120.00Total for this ACH Check for Vendor 5587:
7501 Kelly & Lemmons, P.A.10/30/2015ACH
43520 September Prosecution September Prosecution 2,756.34
2,756.34Total for this ACH Check for Vendor 7501:
8059 Sue Iverson 10/30/2015ACH
10282015-SI1 8/18-10/21 Mileage Reimbursement 8/18-10/21 Mileage Reimbursement 218.16
10282015-SI2 2/18-8/13 Mileage Reimbursement 2/18-8/13 Mileage Reimbursement 112.27
Page 1AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
10282015-SI3 7/29 Mileage Reimbursement 8/18-10/21 Mileage Reimbursement 28.11
10282015-SI3 7/29 Mileage Reimbursement 8/18-10/21 Mileage Reimbursement 15.12
373.66Total for this ACH Check for Vendor 8059:
ALPI Allegra Print & Imaging 10/30/2015ACH
145486 October 2015 Newsletter October 2015 Newsletter 1,575.44
1,575.44Total for this ACH Check for Vendor ALPI:
JOHC Johnson Controls 10/30/2015ACH
1-26094858012 City Hall Repairs City Hall Repairs 1,898.35
1,898.35Total for this ACH Check for Vendor JOHC:
2597 AARP 10/30/201545180
10222015-AARP October 2015 AARP Class October 2015 AARP Class 115.00
115.00Total for Check Number 45180:
3527 Arden Plaza LLC 10/30/201545181
10302015AP Escrow Release Arden plaza Escrow Release Arden plaza 2,718.75
2,718.75Total for Check Number 45181:
2565 Braun Intertec Corporation 10/30/201545182
09292015-BIC ROW Permit 2015-00851 Refund ROW Permit 2015-00851 Refund 1,000.00
1,000.00Total for Check Number 45182:
6843 Chen, Yun 10/30/201545183
10302015YC Park Rental Refund Park Rental Refund 156.42
156.42Total for Check Number 45183:
0319 City of Roseville 10/30/201545184
0220655 Oct 2015 IT Bill Oct 2015 IT Bill 3,206.83
0220685 October 2015 Phone Bill October 2015 Phone Bill 403.85
3,610.68Total for Check Number 45184:
0339 Ferguson Waterworks 2516 10/30/201545185
0168339 PW Water Supplies PW Water Supplies 2,131.96
0168339-1 PW Water Supplies PW Water Supplies 119.83
2,251.79Total for Check Number 45185:
6694 Gopher Sport 10/30/201545186
9060062 Park Vandalism Park Vandalism 292.41
292.41Total for Check Number 45186:
3349 Hydro Klean, LLC 10/30/201545187
10302015HK Partial Payment #1 2015 Sewer Lining Partial Payment #1 2015 Sewer Lining 60,956.75
60,956.75Total for Check Number 45187:
5665 Metering & Technology Solution 10/30/201545188
4724 Water Meter Supplies Water Meter Supplies 721.07
721.07Total for Check Number 45188:
6252 Office Depot 10/30/201545189
Page 2AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
1850394033 Office Supplies Office Supplies 57.96
57.96Total for Check Number 45189:
7025 On Site Sanitation 10/30/201545190
0000135667 Oct/Nov 2015 Restroom Rental Oct/Nov 2015 Restroom Rental 460.00
0000141553 Oct/Nov 2015 Restroom Rental Credit Oct/Nov 2015 Restroom Rental Credit -141.00
319.00Total for Check Number 45190:
0298 Pitney Bowes-Meter Service 10/30/201545191
7212665-OT15 7/30-10/30 Postage Lease 7/30-10/30 Postage Lease 1,241.34
1,241.34Total for Check Number 45191:
5710 Pulte Group-MN Division 10/30/201545192
10262015-Pulte Landscape Escrow Refund Landscape Escrow Refund 160.00
160.00Total for Check Number 45192:
1193 SelectAccount 10/30/201545193
1124087 October 2015 Participant Fee Invoice October 2015 Participant Fee Invoice 42.20
42.20Total for Check Number 45193:
1387 Standard Insurance Company 10/30/201545194
147490-1115 November 2015 Life/STD/LTD Insurance November 2015 Life/STD/LTD Insurance 1,622.68
1,622.68Total for Check Number 45194:
0327 Staples Business Advantage 10/30/201545195
3279604096 Office Supplies Office Supplies 261.39
3279604098 Office Supplies Office Supplies 9.99
271.38Total for Check Number 45195:
3009 Sunderland Plumbing 10/30/201545196
10302015SP Fire Permit Refund Fire Permit Refund 93.15
93.15Total for Check Number 45196:
0576 TimeSaver Off Site Secretarial 10/30/201545197
M21617 City Council Meeting JDA and CC Meeting 630.00
M21617 JDA Meeting JDA and CC Meeting 166.00
796.00Total for Check Number 45197:
0411 Turf Enterprises inc 10/30/201545198
8728 Round Lake Road Construction Round Lake Road Construction 3,044.21
3,044.21Total for Check Number 45198:
1070 ULI-Urban Land Institute 10/30/201545199
1952363 2016 Membership Dues 2016 Membership Dues 560.00
560.00Total for Check Number 45199:
1161 Valley-Rich Co., Inc.10/30/201545200
22076 09/30-10/01 Watermain Repair 09/30-10/01 Watermain Repair 6,030.14
22077 10/01 Watermain Repair 10/01 Watermain Repair 5,535.14
11,565.28Total for Check Number 45200:
Page 3AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
103,099.93Total for 10/30/2015:
0602 US BANK 11/03/2015ACH
091015 September/October 2015 CC Expenses September/October 2015 CC Expenses 44.44
Arvidson-091015 September/October 2015 CC Expenses-Uniform AllowanceSeptember/October 2015 CC Expenses 104.98
DSchifsk-091015 September/October 2015 CC Expenses-Camera TrailerSeptember/October 2015 CC Expenses 988.22
Grant-091015 September/October 2015 CC Expenses-PW LunchSeptember/October 2015 CC Expenses 62.21
Grant-091015 September/October 2015 CC Expenses-Arts/Crafts SuppliesSeptember/October 2015 CC Expenses 29.54
Grant-091015 September/October 2015 CC Expenses-Photography/Painting ClassSeptember/October 2015 CC Expenses 41.50
Grant-091015 September/October 2015 CC Expenses-Training September/October 2015 CC Expenses 23.19
Grant-091015 September/October 2015 CC Expenses September/October 2015 CC Expenses 165.00
Grant-091015 September/October 2015 CC Expenses-Punch DIspenserSeptember/October 2015 CC Expenses 64.26
Grant-091015 September/October 2015 CC Expenses-Riverboat September/October 2015 CC Expenses 216.75
Grant-091015 September/October 2015 CC Expenses-Training September/October 2015 CC Expenses 234.79
Grant-091015 September/October 2015 CC Expenses-Training September/October 2015 CC Expenses 203.10
Iverson-091015 September/October 2015 CC Expenses-Training ExpensesSeptember/October 2015 CC Expenses 115.96
Iverson-091015 September/October 2015 CC Expenses-Training ExpensesSeptember/October 2015 CC Expenses 115.98
Iverson-091015 September/October 2015 CC Expenses-Training ExpensesSeptember/October 2015 CC Expenses 115.97
Iverson-091015 September/October 2015 CC Expenses-Employee RecognitionSeptember/October 2015 CC Expenses 50.00
Iverson-091015 September/October 2015 CC Expenses-Employee RecognitionSeptember/October 2015 CC Expenses 50.00
Mooney-091015 September/October 2015 CC Expenses-PW SuppliesSeptember/October 2015 CC Expenses 487.84
Mooney-091015 September/October 2015 CC Expenses-PW TrainingSeptember/October 2015 CC Expenses 200.00
Mooney-091015 September/October 2015 CC Expenses-PW SuppliesSeptember/October 2015 CC Expenses 24.20
Mooney-091015 September/October 2015 CC Expenses-PW SuppliesSeptember/October 2015 CC Expenses 29.73
Mooney-091015 September/October 2015 CC Expenses-PW Technology SuppliesSeptember/October 2015 CC Expenses 30.61
MSchifks-091015 September/October 2015 CC Expenses-PW SuppliesSeptember/October 2015 CC Expenses 114.53
MSchifks-091015 September/October 2015 CC Expenses-PW Tool ChestSeptember/October 2015 CC Expenses 800.22
Scherbel-091015 September/October 2015 CC Expenses-Training September/October 2015 CC Expenses 80.00
Scherbel-091015 September/October 2015 CC Expenses-Training September/October 2015 CC Expenses 85.00
Thelen-091015 September/October 2015 CC Expenses-Parking ExpensesSeptember/October 2015 CC Expenses 5.00
Thelen-091015 September/October 2015 CC Expenses-Stop WatchSeptember/October 2015 CC Expenses 9.63
Thelen-091015 September/October 2015 CC Expenses-Supplies September/October 2015 CC Expenses 12.47
Thelen-091015 September/October 2015 CC Expenses-Boo Bash September/October 2015 CC Expenses 89.67
Thelen-091015 September/October 2015 CC Expenses-Training ExpensesSeptember/October 2015 CC Expenses 25.80
4,620.59Total for this ACH Check for Vendor 0602:
4,620.59Total for 11/3/2015:
0234 Mac Queen Equipment Inc.11/06/2015ACH
2155363 PW Parts PW Parts 41.70
41.70Total for this ACH Check for Vendor 0234:
0387 ICMA Retirement Trust- #302482 11/06/2015ACH
PR Batch 00100.11.2015 ICMA Employee DeductionPR Batch 00100.11.2015 ICMA Employee Deduction 795.00
PR Batch 00100.11.2015 ICMA Employee PercentPR Batch 00100.11.2015 ICMA Employee Percent 721.79
1,516.79Total for this ACH Check for Vendor 0387:
0761 Electric Pump, Inc 11/06/2015ACH
0056435-IN Lift Station #14 Repair Lift Station #14 Repair 1,725.60
1,725.60Total for this ACH Check for Vendor 0761:
0823 David Scherbel 11/06/2015ACH
11052015-DS October 2015 Inspections October 2015 Inspections 50.60
Page 4AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
50.60Total for this ACH Check for Vendor 0823:
1001 Sprint/Nextel Communications 11/06/2015ACH
196110738-029 September/October 2015 Cell Phone Charges September/October 2015 Cell Phone Charges 169.06
169.06Total for this ACH Check for Vendor 1001:
1041 Aaron Thelen 11/06/2015ACH
10292015-AT 10/20-10/27 Mileage Reimbursement 10/20-10/27 Mileage Reimbursement 12.88
12.88Total for this ACH Check for Vendor 1041:
1110 Pitney Bowes 11/06/2015ACH
10232015-PB October 2015 Postage October 2015 Postage 1,019.99
10232015-PB October 2015 Postage October 2015 Postage 608.94
1,628.93Total for this ACH Check for Vendor 1110:
1330 MN CLN SERVICES LLC 11/06/2015ACH
1115NN01 October 2015 Cleaning October 2015 Cleaning 1,478.75
1,478.75Total for this ACH Check for Vendor 1330:
1408 Supply Solutions 11/06/2015ACH
7545 City Hall Supplies City Hall Supplies 51.50
7599 City Hall Supplies City Hall Supplies 75.06
126.56Total for this ACH Check for Vendor 1408:
5596 Jamar Company 11/06/2015ACH
399011 PW Parts PW Parts 63.92
63.92Total for this ACH Check for Vendor 5596:
FPTC Flexible Pipe Tool Company 11/06/2015ACH
19250 PW Sewer Supplies PW Sewer Supplies 325.00
19261 PW Sewer Supplies PW Sewer Supplies 158.20
483.20Total for this ACH Check for Vendor FPTC:
2597 AARP 11/06/201545201
10262015-AARP October 2015 AARP Class October 2015 AARP Class 140.00
140.00Total for Check Number 45201:
1183 Bauer Built Inc.11/06/201545202
180174904 PW Parts PW Parts 2,039.88
2,039.88Total for Check Number 45202:
1033 Comcast 11/06/201545203
44271-1015 October 2015 TV Services October 2015 TV Services 6.31
6.31Total for Check Number 45203:
1032 Commercial Asphalt Co.11/06/201545204
151015 October (1) 2015 Asphalt Expense October (1) 2015 Asphalt Expense 899.92
899.92Total for Check Number 45204:
3239 E.G. Rud & Sons, Inc., Land Surveying 11/06/201545205
31657 Lake Valentine Road Trail (MVHS)Lake Valentine Road Trail (MVHS) 2,408.00
Page 5AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
2,408.00Total for Check Number 45205:
0841 Ehlers & Associates, Inc.11/06/201545206
68707 TCAAP Expenses TCAAP Expenses 1,890.00
68708 General TIF Services General TIF Services 262.50
2,152.50Total for Check Number 45206:
0447 I.U.O.E Local 49 Benefit Fund-Insurance 11/06/201545207
11152015-IUOE December 2015 PW Insurance December 2015 PW Insurance 1,200.00
1,200.00Total for Check Number 45207:
0390 INT'L Union Operating Engineers-Union Dues11/06/201545208
10062015-INT October 2015 Union Dues October 2015 Union Dues 268.00
268.00Total for Check Number 45208:
0879 Lexington Floral, Inc.11/06/201545209
007098 CC Recognition-RW CC Recognition-RW 90.95
90.95Total for Check Number 45209:
1058 MIDC Enterprises 11/06/201545210
I0037467 Shop Materials Shop Materials 22.25
I0037468 Shop Materials Shop Materials 71.69
93.94Total for Check Number 45210:
5712 Midwest Concrete Services, Inc.11/06/201545211
867 Catch Basin Repair Catch Basin Repair 3,705.00
867 Catch Basin Repair Catch Basin Repair 3,705.00
7,410.00Total for Check Number 45211:
0022 Thomas Mikacevich 11/06/201545212
09242015-TM Uniform Allowance Reimbursement Uniform Allowance Reimbursement 22.15
22.15Total for Check Number 45212:
0155 Office of MN IT Services 11/06/201545213
W15090703 September 2015 Phone Bill September 2015 Phone Bill 772.56
772.56Total for Check Number 45213:
0383 Pitney Bowes Inc 11/06/201545214
559646 Postage Supplies Postage Supplies 130.88
130.88Total for Check Number 45214:
1074 Precision Landscape & Tree 11/06/201545215
2284 1388 Colleen Ave Landscaping 1388 Colleen Ave Landscaping 682.00
682.00Total for Check Number 45215:
2151 Ramsey Conservation District 11/06/201545216
101615AE Q3 2015 GE Inspections-MVHS Trail Q3 2015 GE Inspections 252.53
101615AE Q3 2015 GE Inspections-2015 PMP Q3 2015 GE Inspections 874.23
101615AE Q3 2015 GE Inspections-Escrow Q3 2015 GE Inspections 4,468.49
101615AE Q3 2015 GE Inspections-Round Lake Road Q3 2015 GE Inspections 334.46
101615AE Q3 2015 GE Inspections-County Road E Q3 2015 GE Inspections 266.09
Page 6AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
6,195.80Total for Check Number 45216:
8135 Society for Human Resource Mngt 11/06/201545217
11302015-SHRM 2016 Membership Dues 2016 Membership Dues 190.00
190.00Total for Check Number 45217:
STII Strategic Insights, Inc 11/06/201545218
15Plan-It-196 2016 License Renewal 2016 License Renewal 1,012.50
1,012.50Total for Check Number 45218:
1300 UniFirst Corporation 11/06/201545219
090 0274762 September 2015 Mat Service September 2015 Mat Service 86.65
86.65Total for Check Number 45219:
0208 UniSelect USA 11/06/201545220
039123201 Sweeper Repair Parts Sweeper Repair Parts 43.77
039123202 Sweeper Repair Parts Sweeper Repair Parts 87.54
131.31Total for Check Number 45220:
0447 I.U.O.E Local 49 Benefit Fund-Insurance 11/06/201545221
11.15.2015-IUOE December 2015 PW Insurance December 2015 PW Insurance 8,480.00
8,480.00Total for Check Number 45221:
8081 Kimley-Horn and Associates, Inc 11/06/201545222
7092791 Comp/Sewer TCAAP Comp/Sewer TCAAP 9,403.20
9,403.20Total for Check Number 45222:
0811 Ramsey County 11/06/201545223
PRMG-002914 Q3 2015 Rent Q3 2015 Rent 49,308.50
49,308.50Total for Check Number 45223:
100,423.04Total for 11/6/2015:
0192 Grainger, Inc 11/13/2015ACH
9869252073 PW Parts PW Parts 157.02
157.02Total for this ACH Check for Vendor 0192:
0234 Mac Queen Equipment Inc.11/13/2015ACH
2155439 PW Supplies PW Supplies 908.58
908.58Total for this ACH Check for Vendor 0234:
0285 Xcel Energy 11/13/2015ACH
477238731 10/28/15 Statement 10/28/15 Statement 1,573.28
477238731 10/28/15 Statement 10/28/15 Statement 558.58
477238731 10/28/15 Statement 10/28/15 Statement 1,023.60
477238731 10/28/15 Statement 10/28/15 Statement 205.22
477238731 10/28/15 Statement 10/28/15 Statement 1,996.94
5,357.62Total for this ACH Check for Vendor 0285:
4889 Community Footworks 11/13/2015ACH
Page 7AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
11042015-CF November 2015 Foot Clinic November 2015 Foot Clinic 299.20
299.20Total for this ACH Check for Vendor 4889:
5854 Korn Ferry Leadership Consulting Corporation11/13/2015ACH
195045017 CA Recruitment Costs CA Recruitment Costs 590.00
590.00Total for this ACH Check for Vendor 5854:
6349 Mary Nosek 11/13/2015ACH
15-015 October 2015 AH Notes October 2015 AH Notes 160.00
160.00Total for this ACH Check for Vendor 6349:
7064 Rotary Club of Arden Hills/Shoreview 11/13/2015ACH
1397 Q4 2015 Dues Q4 2015 Dues 178.10
178.10Total for this ACH Check for Vendor 7064:
FPTC Flexible Pipe Tool Company 11/13/2015ACH
19277 PW Parts PW Parts 152.00
152.00Total for this ACH Check for Vendor FPTC:
ZARN Zarnoth Brush Works, Inc 11/13/2015ACH
0157155-IN PW Parts PW Parts 446.00
446.00Total for this ACH Check for Vendor ZARN:
0600 315800-NCPERS Minnesota 11/13/201545224
31581115 October 2015 Payroll Deductions October 2015 Payroll Deductions 64.00
64.00Total for Check Number 45224:
CPF1 Central Pension Fund 11/13/201545225
10312015-CPF October 2015 Contributions October 2015 Contributions 1,228.80
1,228.80Total for Check Number 45225:
1032 Commercial Asphalt Co.11/13/201545226
151031 October (2) Asphalt Expense October (2) Asphalt Expense 1,314.42
1,314.42Total for Check Number 45226:
0490 EDAM 11/13/201545227
11102015-EDAM 2016 Membership Dues 2016 Membership Dues 395.00
395.00Total for Check Number 45227:
1380 Gary Carlson Equipment Co 11/13/201545228
01-24686-0 Storm Sewer Repair Storm Sewer Repair 484.21
484.21Total for Check Number 45228:
4470 GLTC Premium Payments 11/13/201545229
1607414 November 2015 Long Term Care November 2015 Long Term Care 187.44
187.44Total for Check Number 45229:
0210 Kath Fuel Oil Service 11/13/201545230
532650 PW Parts PW Parts 208.57
Page 8AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
208.57Total for Check Number 45230:
8075 Minnesota Mulch & Soil 11/13/201545231
w12062 Park Maintenance Park Maintenance 125.00
w9222015 Park Maintenance Park Maintenance 81.25
206.25Total for Check Number 45231:
6252 Office Depot 11/13/201545232
1856163468 Office Supplies Office Supplies 126.60
126.60Total for Check Number 45232:
5708 Deanna Parriott 11/13/201545233
11092015-DP Oct/Nov Freezer Meal Workshop Oct/Nov Freezer Meal Workshop 150.00
150.00Total for Check Number 45233:
3071 Peoples Electric Company 11/13/201545234
302549.00 Storm Sewer Repair Storm Sewer Repair 2,595.70
2,595.70Total for Check Number 45234:
3100 Provident Life and Accident Ins Co 11/13/201545235
9672443-1015 October 2015 UNUM Payment October 2015 UNUM Payment 85.10
85.10Total for Check Number 45235:
0811 Ramsey County 11/13/201545236
PUBW-015017 September 2015 Parts & Equipment Charges September 2015 Parts & Equipment Charges 583.96
PUBW-015017 September 2015 Parts & Equipment Charges September 2015 Parts & Equipment Charges 738.00
PUBW-015027 September 2015 Fuel Charges September 2015 Fuel Charges 2,323.93
3,645.89Total for Check Number 45236:
4464 Saint Paul Area Chamber of Commerce 11/13/201545237
2490226 Council Training Council Training 30.00
30.00Total for Check Number 45237:
0335 Scherer Bros. Lumber Co.11/13/201545238
41343983 Surface Water Supplies Surface Water Supplies 21.00
21.00Total for Check Number 45238:
0751 Short Elliott Hendrickson, Inc.11/13/201545239
305251 September 2015 Escrow Charges PW 12-0029-002-03September 2015 Escrow Charges PW 12-0029-002-03 312.21
312.21Total for Check Number 45239:
0327 Staples Business Advantage 11/13/201545240
3281109456 Office Supplies Office Supplies 98.26
3281798872 Office Supplies Office Supplies 38.60
3281798873 Office Supplies Office Supplies 9.19
146.05Total for Check Number 45240:
0576 TimeSaver Off Site Secretarial 11/13/201545241
M21656 10/05 JDA & 10/12 CC Mtgs 10/05 JDA & 10/12 CC Mtgs 133.00
M21656 10/05 JDA & 10/12 CC Mtgs 10/05 JDA & 10/12 CC Mtgs 133.00
Page 9AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
266.00Total for Check Number 45241:
1809 Tri-State Bobcat, Inc. -Burnsville 11/13/201545242
S18221-1 Storm Sewer Equipment Storm Sewer Equipment 5,635.40
S18221-2 Storm Sewer Equipment Storm Sewer Equipment 1,001.88
6,637.28Total for Check Number 45242:
8023 Voss Lighting 11/13/201545243
15273850.00 Park Supplies Park Supplies 72.81
72.81Total for Check Number 45243:
26,425.85Total for 11/13/2015:
UB*00145 Jerrold Ford 11/20/201545244
Refund Check 35.32
35.32Total for Check Number 45244:
UB*00148 Chris & Bella Hale 11/20/201545245
Refund Check 30.08
30.08Total for Check Number 45245:
UB*00146 Nancy Rudquist 11/20/201545246
Refund Check 24.84
24.84Total for Check Number 45246:
UB*00147 Tony & Halee Wayne 11/20/201545247
Refund Check 73.45
73.45Total for Check Number 45247:
163.69Total for 11/20/2015:
0189 Gopher State One-Call, Inc.11/24/2015ACH
148319 October 2015 Locates October 2015 Locates 207.65
148319 October 2015 Locates October 2015 Locates 207.65
415.30Total for this ACH Check for Vendor 0189:
0192 Grainger, Inc 11/24/2015ACH
9881357702 PW Parts PW Parts 106.80
9886336347 PW Parts PW Parts 44.51
151.31Total for this ACH Check for Vendor 0192:
0225 Lillie Suburban Newspapers 11/24/2015ACH
10292015-LSN October 2015 Publications October 2015 Publications 154.35
10292015-LSN October 2015 Publications October 2015 Publications 37.80
192.15Total for this ACH Check for Vendor 0225:
0292 Oxygen Service Company, Inc.11/24/2015ACH
03322355 October 2015 Rental October 2015 Rental 17.98
Page 10AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
17.98Total for this ACH Check for Vendor 0292:
0319 City of Roseville 11/24/2015ACH
0220765 November 2015 IT Bill November 2015 IT Bill 3,206.83
0220795 November 2015 Phone Bill November 2015 Phone Bill 403.85
3,610.68Total for this ACH Check for Vendor 0319:
0320 Health Partners 11/24/2015ACH
62421433 December 2015 Dental Insurance December 2015 Dental Insurance 1,152.13
1,152.13Total for this ACH Check for Vendor 0320:
0387 ICMA Retirement Trust- #302482 11/24/2015ACH
PR Batch 00200.11.2015 ICMA Employee PercentPR Batch 00200.11.2015 ICMA Employee Percent 795.95
PR Batch 00200.11.2015 ICMA Employee DeductionPR Batch 00200.11.2015 ICMA Employee Deduction 795.00
1,590.95Total for this ACH Check for Vendor 0387:
0414 Quick Silver 11/24/2015ACH
6527092 2015 Winter Rec Guide 2015 Winter Rec Guide 26.05
26.05Total for this ACH Check for Vendor 0414:
0453 Continental Research Corp.11/24/2015ACH
426805-CRC-2 PW Parts PW Parts 875.00
875.00Total for this ACH Check for Vendor 0453:
0549 Able Hose & Rubber 11/24/2015ACH
1-870647 PW Parts PW Parts 49.00
49.00Total for this ACH Check for Vendor 0549:
0706 Certified Laboratories 11/24/2015ACH
2122280 PW Safety Equipment PW Safety Equipment 231.32
231.32Total for this ACH Check for Vendor 0706:
0750 Verizon Wireless 11/24/2015ACH
9755186201 Oct/Nov 2015 Cell Phone Charges Oct/Nov 2015 Cell Phone Charges 120.06
120.06Total for this ACH Check for Vendor 0750:
0922 North Suburban Access Corporation 11/24/2015ACH
15-140 October 2015 Council Canle Services October 2015 Council Canle Services 257.40
257.40Total for this ACH Check for Vendor 0922:
1223 Adam's Pest Control, Inc.11/24/2015ACH
2342768 November 2015 Pest Control November 2015 Pest Control 62.54
62.54Total for this ACH Check for Vendor 1223:
1330 MN CLN SERVICES LLC 11/24/2015ACH
1215NN01 December 2015 Cleaning December 2015 Cleaning 1,478.75
1,478.75Total for this ACH Check for Vendor 1330:
1363 Water Conservation Service, Inc. 11/24/2015ACH
6357 October 7 2015 Leak Locates October 7 2015 Leak Locates 261.50
6362 October 10 2015 Leak Locates October 10 2015 Leak Locates 364.38
Page 11AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
625.88Total for this ACH Check for Vendor 1363:
1408 Supply Solutions 11/24/2015ACH
7817 City Hall Supplies City Hall Supplies 96.29
96.29Total for this ACH Check for Vendor 1408:
1785 EcoEnvelopes 11/24/2015ACH
1460 Window/NonWindow Envelopes Window/NonWindow Envelopes 613.80
613.80Total for this ACH Check for Vendor 1785:
2129 Elfering & Associates 11/24/2015ACH
2182 Oct/Nov 2015 Round Lake Road Expenses Oct/Nov 2015 Round Lake Road Expenses 1,260.00
1,260.00Total for this ACH Check for Vendor 2129:
5596 Jamar Company 11/24/2015ACH
400485 PW Parts PW Parts 145.00
402077 2015 Sewer Lining Parts 2015 Sewer Lining Parts 177.00
322.00Total for this ACH Check for Vendor 5596:
6349 Mary Nosek 11/24/2015ACH
15-018 November 2015 AH Notes November 2015 AH Notes 160.00
160.00Total for this ACH Check for Vendor 6349:
7501 Kelly & Lemmons, P.A.11/24/2015ACH
43731 October 2015 Prosecution October 2015 Prosecution 2,663.58
2,663.58Total for this ACH Check for Vendor 7501:
7508 Med Compass 11/24/2015ACH
28088 Safety OSHA Training Safety OSHA Training 227.00
227.00Total for this ACH Check for Vendor 7508:
ALPI Allegra Print & Imaging 11/24/2015ACH
145811 November 2015 Newsletter November 2015 Newsletter 1,582.94
1,582.94Total for this ACH Check for Vendor ALPI:
AMEN American Engineering Testing 11/24/2015ACH
68514 August 2015 County Road E Expenses August 2015 County Road E Expenses 2,124.02
68772 September 2015 County Road E Expenses September 2015 County Road E Expenses 2,822.32
69380 October 2015 County Road E Expenses October 2015 County Road E Expenses 335.96
5,282.30Total for this ACH Check for Vendor AMEN:
JOHC Johnson Controls 11/24/2015ACH
1-26973384403 City Hall Repair City Hall Repair 1,605.30
1,605.30Total for this ACH Check for Vendor JOHC:
TOII Tokle Inspections, Inc 11/24/2015ACH
11012015-Tokle October 2015 Inspections October 2015 Inspections 3,418.40
3,418.40Total for this ACH Check for Vendor TOII:
0243 Metropolitan Council-Waste Water 11/24/2015ACH
0001049431 December 2015 Wastewater Service Charges December 2015 Wastewater Service Charges 57,579.25
Page 12AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
57,579.25Total for this ACH Check for Vendor 0243:
0319 City of Roseville 11/24/2015ACH
0220831 Q3 2015 Water Bill Q3 2015 Water Bill 301,284.85
301,284.85Total for this ACH Check for Vendor 0319:
2597 AARP 11/24/201545248
11162015-AARP November 2015 AARP Class November 2015 AARP Class 160.00
160.00Total for Check Number 45248:
AMFI American Fire & Safety 11/24/201545249
13645 Fire Extinguisher Inspection 2015-PW Facility Fire Extinguisher Inspection 2015-PW Facility 377.50
13681 Fire Extinguisher Inspection 2015-City Hall Fire Extinguisher Inspection 2015-City Hall 111.15
488.65Total for Check Number 45249:
6896 APA Minnesota 11/24/201545250
259232-15104 Bachler 2016 Dues Bachler 2016 Dues 270.00
270.00Total for Check Number 45250:
APPB Apple Business Forms, Inc.11/24/201545251
10389 Deposit Books Deposit Books 81.90
10390 #10 Envelopes #10 Envelopes 258.50
340.40Total for Check Number 45251:
CAMC Charles Campbell 11/24/201545252
2014-00850 GE Permit Release 2014-00850 GE Permit Release 2014-00850 3,376.46
3,376.46Total for Check Number 45252:
CANON Canon Financial Services 11/24/201545253
15472470 November 2015 Copier Lease November 2015 Copier Lease 214.42
15472470 November 2015 Copier Lease November 2015 Copier Lease 1,215.08
1,429.50Total for Check Number 45253:
1033 Comcast 11/24/201545254
44271-1115 November 2015 TV Services November 2015 TV Services 6.31
6.31Total for Check Number 45254:
1032 Commercial Asphalt Co.11/24/201545255
151115 November (1) 2015 Asphalt Expense November (1) 2015 Asphalt Expense 892.87
892.87Total for Check Number 45255:
0337 D-Rock Center Landscape Supply 11/24/201545256
3070 2015 Curb Repair 2015 Curb Repair 81.00
3295 2015 Curb Repair 2015 Curb Repair 81.00
162.00Total for Check Number 45256:
0841 Ehlers & Associates, Inc.11/24/201545257
68975 October 2015 TCAAP Expenses October 2015 TCAAP Expenses 210.00
210.00Total for Check Number 45257:
EATI Emergency Automotive Tech, Inc 11/24/201545258
Page 13AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
WC111715-1 Vehicle Number 401 Repair Parts Vehicle Number 401 Repair Parts 40.49
40.49Total for Check Number 45258:
561ESCH ESCH Construction Supply, Inc 11/24/201545259
540882 PW Parts PW Parts 479.00
479.00Total for Check Number 45259:
0339 Ferguson Waterworks 2516 11/24/201545260
0174229 Sanitary Sewer I&I Project Sanitary Sewer I&I Project 299.49
299.49Total for Check Number 45260:
1380 Gary Carlson Equipment Co 11/24/201545261
1-24865-0 Storm Sewer Repair Storm Sewer Repair 1,700.00
1,700.00Total for Check Number 45261:
2654 GoodPointe Technology 11/24/201545262
2016-ArdenH 2016 Support Agreement 2016 Support Agreement 2,500.00
2,500.00Total for Check Number 45262:
5578 Headsets.com 11/24/201545263
2658678 Office Supplies Office Supplies 428.95
428.95Total for Check Number 45263:
1757 Holiday Station Stores, Inc.11/24/201545264
11172015-15008 PC 15-008 PUD Amendment Escrow Release PC 15-008 PUD Amendment Escrow Release 1,849.05
1,849.05Total for Check Number 45264:
0390 INT'L Union Operating Engineers-Union Dues11/24/201545265
11062015-INT November 2015 Union Dues November 2015 Union Dues 268.00
268.00Total for Check Number 45265:
7070 International Code Council, Inc.11/24/201545266
1000627037 Inspections Training Inspections Training 276.00
276.00Total for Check Number 45266:
8081 Kimley-Horn and Associates, Inc 11/24/201545267
7231826 October 2015 Snelling Expenses October 2015 Snelling Expenses 120.30
120.30Total for Check Number 45267:
0916 Lakes Country Service Coop 11/24/201545268
CI0736HA9-1215 December 2015 Health Insurance December 2015 Health Insurance 5,178.00
CI0736HB7-1215 December 2015 Health Insurance December 2015 Health Insurance 1,851.00
CI0736HB7-1215 December 2015 Health Insurance December 2015 Health Insurance 925.50
CI0736HE1-1215 December 2015 Health Insurance December 2015 Health Insurance 1,190.00
CI0736HE1-1215 December 2015 Health Insurance December 2015 Health Insurance 378.50
9,523.00Total for Check Number 45268:
PLUM Manager Plus 11/24/201545269
78001/7/2016 2016 Software Support Fee 2016 Software Support Fee 468.20
468.20Total for Check Number 45269:
Page 14AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
5443 Metro Products, Inc.11/24/201545270
112617 PW Parts PW Parts 184.43
184.43Total for Check Number 45270:
COMT MN Department of Transportation 11/24/201545271
P00005082 MVHS Trail September 2015 Expenses MVHS Trail September 2015 Expenses 272.42
272.42Total for Check Number 45271:
8032 Pace Analytical Field Svc 11/24/201545272
12151121 September 2015 Water Test Fees September 2015 Water Test Fees 704.25
12151122 October 2015 Water Test Fees October 2015 Water Test Fees 688.00
1,392.25Total for Check Number 45272:
1074 Precision Landscape & Tree 11/24/201545273
2325 Sanitary Sewer Lining Tree Services Sanitary Sewer Lining Tree Services 5,900.30
5,900.30Total for Check Number 45273:
1208 Premium Waters, Inc 11/24/201545274
610207-10-15 October 2015 City Hall Supplies October 2015 City Hall Supplies 3.09
613317-10-15 October 2015 City Hall Supplies October 2015 City Hall Supplies 74.04
77.13Total for Check Number 45274:
0811 Ramsey County 11/24/201545275
EMCOM-004641 October 2015 Fleet Support Fee October 2015 Fleet Support Fee 24.96
EMCOM-004687 October 2015 911 Dispatch October 2015 911 Dispatch 4,798.50
EMCOM-004702 October 2015 CAD Services 895.50
PUBW-015142 Oct/Nov 2015 Sanitary Sewer Lining Oct/Nov 2015 Sanitary Sewer Lining 2,352.49
8,071.45Total for Check Number 45275:
0335 Scherer Bros. Lumber Co.11/24/201545276
41347483 Park Supplies Park Supplies 10.39
10.39Total for Check Number 45276:
0751 Short Elliott Hendrickson, Inc.11/24/201545277
306899 October 2015 Escrow Expenses October 2015 Escrow Expenses 1,318.27
1,318.27Total for Check Number 45277:
8135 Society for Human Resource Mngt 11/24/201545278
09092015-SHRM 2016 Membership Dues 2016 Membership Dues 190.00
190.00Total for Check Number 45278:
1453 Springbrook National User Group 11/24/201545279
484 2016 Membership Renewal 2016 Membership Renewal 25.00
484 2016 Membership Renewal 2016 Membership Renewal 25.00
484 2016 Membership Renewal 2016 Membership Renewal 25.00
484 2016 Membership Renewal 2016 Membership Renewal 25.00
100.00Total for Check Number 45279:
0327 Staples Business Advantage 11/24/201545280
3283292098 Office Supplies Office Supplies 38.09
3283428749 Office Supplies Office Supplies 555.40
Page 15AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
Check No Check DateVendor NameVendor No Check Amount
Invoice No ReferenceDescription
593.49Total for Check Number 45280:
3535 Sweeper Services 11/24/201545281
15249 Street Sweeper Repair #105 Street Sweeper Repair #105 1,340.79
1,340.79Total for Check Number 45281:
0925 T-Mobile 11/24/201545282
11222015-Tmobil October 2015 Tablet Charges October 2015 Tablet Charges 388.61
388.61Total for Check Number 45282:
0576 TimeSaver Off Site Secretarial 11/24/201545283
M21683 10/26 CC Mtg 10/26 CC Mtg 166.00
M21722 11/2 JDA & 11/4 Plan Com Mtgs 11/2 JDA & 11/4 Plan Com Mtgs 133.00
M21722 11/2 JDA & 11/4 Plan Com Mtgs 11/2 JDA & 11/4 Plan Com Mtgs 166.00
465.00Total for Check Number 45283:
1300 UniFirst Corporation 11/24/201545284
090 0278798 November 2015 Mat Service November 2015 Mat Service 87.95
87.95Total for Check Number 45284:
6328 Villa Landscapes 11/24/201545285
varde5620 2015 PMP Expenses 2015 PMP Expenses 2,400.00
2,400.00Total for Check Number 45285:
0811 Ramsey County 11/24/201545286
SHRFL-001441 November 2015 RC Sheriff November 2015 RC Sheriff 90,489.32
90,489.32Total for Check Number 45286:
0282 Republic Services #899 11/24/201545287
0899-002756301 October 2015 Recycling Costs October 2015 Recycling Costs 7,568.94
7,568.94Total for Check Number 45287:
1161 Valley-Rich Co., Inc.11/24/201545288
22219 Watermain Repair Watermain Repair 9,934.32
9,934.32Total for Check Number 45288:
543,025.94Total for 11/24/2015:
Report Total (171 checks): 777,759.04
Page 16AP Checks by Date - Detail by Check Date (11/24/2015 1:53 PM)
City of Arden Hills
City Council Meeting for November 30, 2015
P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022
Page 1 of 3
MEMORANDUM
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Matthew Bachler, Associate Planner
SUBJECT: Planning Case #15-022: Zoning Code Amendment – Accessory Antennas, Dish
Antennas, and Towers
Requested Action
1) Motion to approve Ordinance Number 2015-011 in Planning Case 15-022 for an
amendment to Section 1325.09, Subd. 4(A) of the Arden Hills City Code based on the
findings of fact as presented in the November 30, 2015, Report to the City Council.
2) Motion to approve publishing a Summary of Ordinance Number 2015-011 (A
supermajority vote is required for this motion. The City Attorney has notified the City
that, despite the current Council vacancy, a 4/4 vote is required for items that require
supermajority approval).
Background
The City approved a Conditional Use Permit in July 2015 for the installation of wireless
antennas at Bethel University’s building at 2 Pine Tree Drive. During the City Council review a
question arose regarding whether the antennas should be considered an accessory use because
they did not directly support the principal uses of higher education and office on the property.
The City Attorney subsequently provided a memo that responded to this question and suggested
revisions to the Zoning Code to help clarify the issue (Attachment C).
The City Council discussed the recommendations made by the City Attorney at their regular
meeting on August 31, 2015. It was the consensus of the City Council that an amendment to the
Zoning Code should be processed to incorporate the proposed revisions.
CONSENT AGENDA 6-B
City of Arden Hills
City Council Meeting for November 30, 2015
P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022
Page 2 of 3
Discussion
Telecommunication facilities are protected under federal law by the Telecommunications Act of
1996. Cities may regulate the placement and construction of cellular towers and antennas but
cannot prohibit the provision of services. The City has adopted regulations that limit the number
of new cellular towers by requiring providers to lease space on City water tower sites, use
existing buildings, or co-locate on existing towers. Additionally, new towers and antennas are
only permitted as an accessory use on a property with an existing principal use.
The purpose of the Ordinance amendment is to clarify that wireless antennas do not necessarily
need to complement or support the principal use they are associated with. The revision would
state that antennas may be treated as a secondary use as well as an accessory use.
Ordinance Number 2015-011 and the Summary for publication are included in Attachment A.
The red-lined version of the proposed amendment has also been provided in Attachment B. The
City Attorney has reviewed the amendment and does not have any concerns with the proposed
language.
Findings of Fact
The Planning Commission reviewed Planning Case 15-022 at their regular meeting on November
4, 2015. Draft minutes from the meeting are included in Attachment E. The Planning
Commission offers the following findings of fact for consideration:
1. The proposed amendment advances the land use goals in the City’s Comprehensive Plan
because it ensures that land use regulations promote development that is compatible with
nearby properties and neighborhood character.
2. The proposed amendment helps ensure that sufficient locations are provided for the
placement of telecommunications facilities in order to allow effective service.
Recommendation
The Planning Commission reviewed Planning Case 15-022 at their regular meeting on November
4, 2015, and unanimously recommends approval (5-0) of the proposed amendment to Section
1325.09, Subd. 4(A) of the Arden Hills City Code based on the findings of fact as presented in
the November 30, 2015, Report to the City Council.
Proposed Motion Language
1. Approve the proposal as submitted (Recommended Action).
City of Arden Hills
City Council Meeting for November 30, 2015
P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022
Page 3 of 3
2. Deny the proposal with reasons for denial.
3. Table for additional information.
Public Notice
Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on October 21,
2015.
Public Comments
The City has not received any public comments regarding this planning case.
Attachments
A. Ordinance Number 2015-011 and Publication Summary
B. Proposed Amendment to Section 1325.09, Subd. 4(A) – Red-lined Version
C. Memo from City Attorney Joel Jamnik on Regulation of Cellular Antennas
D. Report to the Planning Commission, November 4, 2015
E. Draft Planning Commission Meeting Minutes, November 4, 2015
Page 1 of 1
184508
ORDINANCE NO. 2015-011
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 13,
SECTION 1325.09, SUBD. 4(A), OF THE ARDEN HILLS CITY CODE
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS:
SECTION 1. Chapter 13, Zoning Code, Section 1325.09, Antennas, Dish Antennas, and
Towers, Subd. 4(A), is amended to read as follows:
1325.09 Antennas, Dish Antennas, and Towers
Subd. 4. Conditional Use Permit.
A. New Antennas, dish antennas and towers are allowed only as conditional
accessory uses or structures. They are therefore allowed only on property containing a
principal use or structure to which the antenna, dish antenna or tower is accessory or
secondary.
SECTION 2. This Ordinance shall become effective the day following its publication.
PASSED and ADOPTED this _____ day of _______________, 20__, by the City
Council of the City of Arden Hills, Minnesota.
CITY OF ARDEN HILLS
By _______________________________
David Grant, Mayor
ATTEST:
_____________________________
Amy Dietl, City Clerk
Published in the ____________________ on _______________, 2015.
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 2015-011
On the 30th day of November, 2015, the Arden Hills City Council adopted Ordinance No. 2015-
011, and by the four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a
summary of Ordinance 2015-011 be published.
Ordinance 2015-011 is entitled “An Ordinance Amending Chapter 13, Section 1325.09, Subd.
4(A) of the Arden Hills City Code.” The Ordinance amends Section 1325.09 Subd. 4(A) of the
Zoning Code to read as follows:
1325.09 Antennas, Dish Antennas, and Towers
Subd. 4. Conditional Use Permit.
A. New Antennas, dish antennas and towers are allowed only as conditional
accessory uses or structures. They are therefore allowed only on property
containing a principal use or structure to which the antenna, dish antenna or tower
is accessory or secondary.
A full copy of Ordinance 2015-011 is available for inspection by any person during regular
business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills,
Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org.
City of Arden Hills Chapter 13 - Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 1 of 5
Chapter 13 – Zoning Code
Section 1325 - General Regulations
1325.09 Antennas, Dish Antennas and Towers. (revised 8/5/09)
Subd. 1 Purpose. In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and general
welfare of the community, the City finds that these regulations are necessary to:
A. Maximize the use of existing and approved towers and buildings to
accommodate new personal wireless service antennas in order to reduce
the number of new towers necessary to serve the community;
B. Ensure antennas and towers are designed, located, and constructed
in accordance with all applicable code requirements to avoid potential
damage to adjacent properties from failure of the antenna and tower
through structural standards and setback requirements;
Subd. 2 Applicability. The regulations in this subsection shall apply to any
antenna or tower except as hereinafter provided in Subd. 3.
Subd. 3 Exemptions.
A. Antennas and towers used by the City for City purposes.
B. Receptive dish antennas under one (1) meter in diameter and
individual receptive antennas, which are no taller than twelve (12) feet
above the roofline, regardless of the zoning district.
C. In all residential districts, no more than two (2) exempted antennas
and no more than one (1) antenna requiring a conditional use permit shall
be allowed on any lot or parcel.
Subd. 4 Conditional Use Permit. (revised 5/6/10)
A. New Antennas, dish antennas and towers are allowed only as
conditional accessory uses or structures. They are therefore allowed only
on property containing a principal use or structure to which the antenna,
dish antenna or tower is accessory or secondary.
B. Towers that were in existence prior to April 8, 2010 are allowed as
conditional uses and may be the primary use on a property. New
antennas may be added to said towers subject to the limitations of the
conditional use permit for each tower.
C. Antennas, dish antennas, and towers located on property owned by
the City of Arden Hills shall not require a conditional use permit and shall
not be subject to the height regulations in Subd. 5, Height, of this section.
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 2 of 5
Subd. 5 Height. (revised 5/6/10) The height of an antenna or tower shall be
measured from the ground at the base of the antenna, tower, or other structure that
the antenna is attached to, to the highest point of the antenna or tower. No antenna
or tower shall exceed the following height limitations:
A. A dish antenna shall not exceed fifteen (15) feet in height if ground or
pole mounted and shall not extend more than twelve (12) feet above the
roof if it is roof mounted. Regardless of these height limitations, the
antenna shall be mounted as close to the ground or roof as practical.
B. No antenna or tower shall exceed a height of seventy-five (75) feet.
C. Towers constructed prior to April 8, 2010, which exceed the seventy-
five (75) foot height limit, shall not be increased in height. New antennas
may be placed on said towers provided the antennas meet the
requirements of the conditional use permit for the tower and do not
exceed the height of the tower.
D. No antenna or tower shall exceed a height equal to the distance from
the base of the tower to the nearest overhead electrical power line
(except individual service drops), less five (5) feet.
Subd. 6 Location.
A. New antennas shall be located on City water tower sites unless the
applicant shows, to the reasonable satisfaction of the City, that none of
the City water towers can be feasibly used from an engineering
standpoint.
B. Preferences for Antenna and Support Structure Locations. When
selecting sites for the construction of new Antenna Support Structures
and/or for the placement of new antennas, when not located on a City
water tower site, the following preferences shall be followed in order of
listing:
1. Existing towers or on existing structures located within any
Industrial, Civic-Center, or Business District zoned property
2. On new towers located within any Industrial, Civic-Center, or
Business District zoned property
3. Any existing towers or structures located within any Residential
zoned property.
4. Any new towers or structures located within any Residential zoned
property.
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 3 of 5
C. Co-location Required. If a new antenna support structure is to be
constructed, it shall be designed structurally and electrically to
accommodate both the applicant's antennas and comparable antennas
for at least one (1) additional user. Any antenna support structure must
also be designed to allow for future re-arrangement of antennas upon the
tower and to accept antennas mounted at different heights. Other users
shall include, but not be limited to, other cellular communication
companies, Personal Communication Systems companies, local police,
fire and ambulance companies.
D. Prohibitions. No new support structures shall be approved for
construction, unless the applicant shows, to the reasonable satisfaction of
the City, that an existing tower or structure is not feasibly available for use
from an engineering standpoint.
E. Antennas and towers shall be located on sites or buildings in areas
that are the least visually intrusive to nearby properties and public streets.
ii. With the exception of antennas placed on towers constructed prior to April
8, 2010, antennas, dish antennas or towers shall not be allowed (revised
5/6/10):
1. Nearer the street than the principal building on the lot.
2. Nearer the side or rear lot lines than the minimum side or rear
yard setbacks for accessory uses as established in Section 1320.06
of this Code.
3. Nearer to an adjoining property's buildable area than to the
principal building on the site on which the antenna or tower will be
placed.
4. Nearer to any property line than the height of the antenna or
tower.
Subd. 7 Screening.
A. Dish Antennas. Screening shall be provided so as to prevent direct
view of a dish antenna from any street or from a public or private property
within six hundred (600) feet of the dish, as follows:
1. Ground Mounted Dishes. Screening for ground mounted dishes
shall consist of a fence, wall, earth berm or landscaping, or a
combination of these devices.
2. Roof or Wall Mounted Dishes. Screening for roof- or wall-
mounted dishes shall be in accordance with Section 1325.05 Subd 4
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 4 of 5
B. Antennas. Antennas shall be painted the color of the structure to
which they are attached.
Subd. 8 Special Requirements for City Water Tower Sites. The placement of
licensed commercial wireless telecommunication services including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging and similar services on water tower sites
will be allowed only when the City is fully satisfied that the following requirements are
met:
A. The applicant’s access to the facility will not increase the risks of
contamination to the City’s water supply;
B. There is sufficient room on the structure to accommodate the
applicant’s equipment and all equipment (antennas, exterior cables, etc)
attached to the structure is painted to match the color of the structure;
C. The presence of the equipment will not increase the water tower or
reservoir maintenance costs to the City;
D. The presence of the equipment will not be harmful to the health of
workers maintaining the water tower or reservoir.
E. Antennas placed on the top of the tower shall not exceed the height of
the tallest existing antenna.
F. There is sufficient room on the site to accommodate all ground
equipment and the following requirements for ground equipment are met:
1. The base transceiver station and all other ground equipment shall
be housed in an existing on-site equipment building whenever
possible. If an existing equipment building is unavailable, a new
equipment building may be constructed. If the equipment is to be
housed in a weather-proof cabinet-like structure in lieu of a building, it
shall be mounted upon a suitable concrete pad.
2. If there is an equipment building constructed on site, it shall be
subject to City approval.
3. To the extent possible, the equipment building or cabinet shall be
located adjacent to or near existing on-site buildings.
4. The equipment building or cabinet shall be screened from view of
adjacent properties by suitable vegetation, except where non-
vegetative screening (e.g., a decorative wall or fencing) better reflects
and complements the character of the neighborhood.
5. The City shall require a suitable financial surety to ensure future
removal of the equipment building or cabinet upon termination of the
lease.
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 5 of 5
6. All applicants must include a signed report from a State registered
engineer showing compliance with all applicable codes, standards
and structural requirements of how the additional antennas will affect
the water tower structure. A final inspection report from a State
registered engineer showing the work completed is in compliance with
previously approved plans shall also be required.
Subd. 9 Requirements.
A. A building permit shall be required for all applications except those as
stated in Section 1325.09 Subd 1.A.
B. The City shall require the applicant to complete a radio frequency
interference study that is carried out by an independent and qualified
professional reasonably selected by the City that is able to demonstrate
that the applicant's use will not interfere with any existing communications
facilities.
To: Mayor and City Council
From: City Attorney
Subject: Regulation of cellular antennas
The recent application for additional antennas on an existing structure raised some question to whether
the city’s zoning ordinance properly classifies and regulates these antennas. In my opinion, the city’s
ordinance follows the prevalent pattern of city regulation.
Telecommunications facilities are protected by federal law (The Telecommunications Act of 1996, 47
USC § 332). Local governments may generally regulate the placement, construction and modification of
cell tower through zoning ordinances, but the regulations may not unreasonably discriminate among
providers nor prohibit or have the effect of prohibiting the provision of services. Consequently, all cities
are required by law to allow placement in order to allow effective service.
The majority of cities seek to accommodate antennas while simultaneously limiting the number of free-
standing monopoles or other towers by requiring co-location, leasing public facilities such as water
towers, and allowing use of existing buildings to mount new antennas. The city’s zoning ordinance, in
particular § 1325.09 adopts these strategies to “maximize the use of existing and approved towers and
buildings to accommodate new personal wireless service antennas in order to reduce the number of
new towers necessary to serve the community”. (§1325.09, Subd. 1B).
The ordinance is clear in its intent that new antennas are allowed only on property containing an
existing principal use. Towers built before 2010 are allowed as conditional uses and may be the primary
use on a property. Otherwise, new antennas must be located on existing towers or existing structures.
However, as was pointed out at the recent Council meeting, in some cases the ordinance could be
amended to clarify that the antennas, while attached or accessory to the principal structure, do not
have to complement or support the other uses on the property but rather can be considered more as a
secondary principal use. To give some idea regarding this point and how it could be addressed, see the
draft red-line below. If Council believes additional clarification is warranted it may direct staff and the
Planning Commission to review the ordinance.
1325.09 Antennas, Dish Antennas and Towers.
(revised 8/5/09)
Subd. 1 Purpose. In order to accommodate the communication needs of residents and
businesses while protecting the public health, safety, and general welfare of the community, the
City finds that these regulations are necessary to:
A. Maximize the use of existing and approved towers and buildings to accommodate new
personal wireless service antennas in order to reduce the number of new towers necessary to
serve the community;
B. Ensure antennas and towers are designed, located, and constructed in accordance with all
applicable code requirements to avoid potential damage to adjacent properties from failure of the
antenna and tower through structural standards and setback requirements;
Subd. 2 Applicability. The regulations in this subsection shall apply to any antenna or tower
except as hereinafter provided in Subd. 3.
Subd. 3 Exemptions.
A. Antennas and towers used by the City for City purposes.
B. Receptive dish antennas under one (1) meter in diameter and individual receptive
antennas, which are no taller than twelve (12) feet above the roofline, regardless of the zoning
district.
C. In all residential districts, no more than two (2) exempted antennas and no more than one
(1) antenna requiring a conditional use permit shall be allowed on any lot or parcel.
Subd. 4 Conditional Use Permit. (revised 5/6/10)
A. New Antennas, dish antennas and towers are allowed only as conditional accessory uses
or structures. They are therefore allowed only on property containing a principal use or structure
to which the antenna, dish antenna or tower is accessory or secondary.
B. Towers that were in existence prior to April 8, 2010 are allowed as conditional uses and
may be the primary use on a property. New antennas may be added to said towers subject to the
limitations of the conditional use permit for each tower.
C. Antennas, dish antennas, and towers located on property owned by the City of Arden
Hills shall not require a conditional use permit and shall not be subject to the height regulations
in Subd. 5, Height, of this section.
Subd. 5 Height. (revised 5/6/10) The height of an antenna or tower shall be measured from
the ground at the base of the antenna, tower, or other structure that the antenna is attached to, to
the highest point of the antenna or tower. No antenna or tower shall exceed the following height
limitations:
A. A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and
shall not extend more than twelve (12) feet above the roof if it is roof mounted. Regardless of
these height limitations, the antenna shall be mounted as close to the ground or roof as practical.
B. No antenna or tower shall exceed a height of seventy-five (75) feet.
C. Towers constructed prior to April 8, 2010, which exceed the seventy-five (75) foot
height limit, shall not be increased in height. New antennas may be placed on said towers
provided the antennas meet the requirements of the conditional use permit for the tower and do
not exceed the height of the tower.
D. No antenna or tower shall exceed a height equal to the distance from the base of the
tower to the nearest overhead electrical power line (except individual service drops), less five (5)
feet.
Subd. 6 Location.
A. New antennas shall be located on City water tower sites unless the applicant shows, to
the reasonable satisfaction of the City, that none of the City water towers can be feasibly used
from an engineering standpoint.
B. Preferences for Antenna and Support Structure Locations. When selecting sites for the
construction of new Antenna Support Structures and/or for the placement of new antennas, when
not located on a City water tower site, the following preferences shall be followed in order of
listing:
1. Existing towers or on existing structures located within any Industrial, Civic-Center, or
Business District zoned property
2. On new towers located within any Industrial, Civic-Center, or Business District zoned
property
3. Any existing towers or structures located within any Residential zoned property.
4. Any new towers or structures located within any Residential zoned property.
C. Co-location Required. If a new antenna support structure is to be constructed, it shall be
designed structurally and electrically to accommodate both the applicant's antennas and
comparable antennas for at least one (1) additional user. Any antenna support structure must also
be designed to allow for future re-arrangement of antennas upon the tower and to accept
antennas mounted at different heights. Other users shall include, but not be limited to, other
cellular communication companies, Personal Communication Systems companies, local police,
fire and ambulance companies.
D. Prohibitions. No new support structures shall be approved for construction, unless the
applicant shows, to the reasonable satisfaction of the City, that an existing tower or structure is
not feasibly available for use from an engineering standpoint.
E. Antennas and towers shall be located on sites or buildings in areas that are the least
visually intrusive to nearby properties and public streets.
ii. With the exception of antennas placed on towers constructed prior to April 8, 2010,
antennas, dish antennas or towers shall not be allowed (revised 5/6/10):
1. Nearer the street than the principal building on the lot.
2. Nearer the side or rear lot lines than the minimum side or rear yard setbacks for
accessory uses as established in Section 1320.06 of this Code.
3. Nearer to an adjoining property's buildable area than to the principal building on the
site on which the antenna or tower will be placed.
4. Nearer to any property line than the height of the antenna or tower.
Subd. 7 Screening.
A. Dish Antennas. Screening shall be provided so as to prevent direct view of a dish
antenna from any street or from a public or private property within six hundred (600) feet of the
dish, as follows:
1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence,
wall, earth berm or landscaping, or a combination of these devices.
2. Roof or Wall Mounted Dishes. Screening for roof- or wall-mounted dishes shall be in
accordance with Section 1325.05 Subd 4
B. Antennas. Antennas shall be painted the color of the structure to which they are
attached.
Subd. 8 Special Requirements for City Water Tower Sites. The placement of licensed
commercial wireless telecommunication services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio
(ESMR), paging and similar services on water tower sites will be allowed only when the City is
fully satisfied that the following requirements are met:
A. The applicant's access to the facility will not increase the risks of contamination to the
City's water supply;
B. There is sufficient room on the structure to accommodate the applicant's equipment and
all equipment (antennas, exterior cables, etc) attached to the structure is painted to match the
color of the structure;
C. The presence of the equipment will not increase the water tower or reservoir
maintenance costs to the City;
D. The presence of the equipment will not be harmful to the health of workers maintaining
the water tower or reservoir.
E. Antennas placed on the top of the tower shall not exceed the height of the tallest existing
antenna.
F. There is sufficient room on the site to accommodate all ground equipment and the
following requirements for ground equipment are met:
1. The base transceiver station and all other ground equipment shall be housed in an
existing on-site equipment building whenever possible. If an existing equipment building is
unavailable, a new equipment building may be constructed. If the equipment is to be housed in a
weather-proof cabinet-like structure in lieu of a building, it shall be mounted upon a suitable
concrete pad.
2. If there is an equipment building constructed on site, it shall be subject to City
approval.
3. To the extent possible, the equipment building or cabinet shall be located adjacent to or
near existing on-site buildings.
4. The equipment building or cabinet shall be screened from view of adjacent properties
by suitable vegetation, except where non-vegetative screening (e.g., a decorative wall or fencing)
better reflects and complements the character of the neighborhood.
5. The City shall require a suitable financial surety to ensure future removal of the
equipment building or cabinet upon termination of the lease.
6. All applicants must include a signed report from a State registered engineer showing
compliance with all applicable codes, standards and structural requirements of how the
additional antennas will affect the water tower structure. A final inspection report from a State
registered engineer showing the work completed is in compliance with previously approved
plans shall also be required.
Subd. 9 Requirements.
A. A building permit shall be required for all applications except those as stated in Section
1325.09 Subd 1.A.
B. The City shall require the applicant to complete a radio frequency interference study that
is carried out by an independent and qualified professional reasonably selected by the City that is
able to demonstrate that the applicant's use will not interfere with any existing communications
facilities.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022
Page 1 of 3
MEMORANDUM
DATE: November 4, 2015 PC Agenda Item 3.B
TO: Planning Commission
FROM: Matthew Bachler, Associate Planner
SUBJECT: Planning Case #15-022 – Public Hearing Required
Applicant: City of Arden Hills
Request: Zoning Code Amendment – Accessory Antennas, Dish Antennas, and
Towers
Requested Action
Consider approval of Planning Case 15-022 to amend Section 1325.09 of the Zoning Code
pertaining to the regulation of accessory antennas, dish antennas, and towers, as presented in the
November 4, 2015, report to the Planning Commission.
Background
The City approved a Conditional Use Permit in July 2015 for the installation of wireless panel
antennas and related equipment at the existing Bethel University building at 2 Pine Tree Drive.
During the City Council review of this request, a question arose regarding whether the antennas
should be considered an accessory use because they did not directly support or complement the
principal use of the property for higher education and office activities. The City Attorney
subsequently provided a memo that responded to this question and suggested revisions to the
Zoning Code to help clarify the issue (Attachment B).
The City Council discussed the recommendations made by the City Attorney at their regular
meeting on August 31, 2015. It was the consensus of the City Council that an amendment to the
Zoning Code should be processed to incorporate the proposed revisions.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-022 - Zoning Code Amendment - Accessory Antennas\Memos_15-022
Page 2 of 3
Discussion
Telecommunication facilities are protected under federal law through the Telecommunications
Act of 1996. Cities may regulate the placement and construction of cellular towers and antennas
but cannot prohibit the provision of services. The City has adopted regulations that limit the
number of new cellular towers by requiring providers to lease space on City water tower sites,
use existing buildings, or co-locate on existing towers. Additionally, new antennas are only
permitted as an accessory use on a property with an existing principal use.
The purpose of the proposed amendment is to clarify that antenna installations do not necessarily
need to complement or support the principal use they are associated with. The revisions provided
by the City Attorney state that antennas may be treated as a secondary use as well as an
accessory use.
The proposed amendment is included in Attachment A. The City Attorney has reviewed the
amendment and does not have any concerns with the proposed language.
Findings of Fact
Municipalities have broad discretion when reviewing and adopting zoning regulations. However,
because the Zoning Code is a tool used to implement the City’s comprehensive plan, it is
necessary to understand the connection between the two documents when reviewing proposed
Zoning Code amendments.
Staff offers the following findings of fact for the Planning Commission’s consideration:
1. The proposed amendment advances the land use goals in the City’s comprehensive Plan
because it ensures that land use regulations promote development that is compatible with
nearby properties and neighborhood character.
2. The proposed amendment helps ensure that sufficient locations are provided for the
placement of telecommunications facilities in order to allow effective service.
Recommendation
Staff recommends approval of Planning Case 15-022 to amend Section 1325.09 of the Zoning
Code pertaining to the regulation of accessory antennas, dish antennas, and towers, as presented
in the November 4, 2015, report to the Planning Commission.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
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Notice
Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on October 21,
2015.
Public Comments
The City has not received any public comments regarding this planning case.
Options & Proposed Motion Language
1. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 15-
022 to amend Section 1325.09 of the Zoning Code pertaining to the regulation of accessory
antennas, dish antennas, and towers, as presented in the November 4, 2015, report to the
Planning Commission.
2. Recommend Approval with Changes: Motion to recommend approval of Planning Case 15-
022 to amend Section 1325.09 of the Zoning Code pertaining to the regulation of accessory
antennas, dish antennas, and towers, as presented in the November 4, 2015, report to the
Planning Commission, with the following changes…
3. Recommend Denial: Motion to recommend denial of Planning Case 15-022 to amend
Section 1325.09 of the Zoning Code pertaining to the regulation of accessory antennas, dish
antennas, and towers, as presented in the November 4, 2015, report to the Planning
Commission: findings to deny should specifically reference the reasons for denial.
4. Table: Motion to table Planning Case 15-022 to amend Section 1325.09 of the Zoning Code
pertaining to the regulation of accessory antennas, dish antennas, and towers, as presented in
the November 4, 2015, report to the Planning Commission: a specific reason and information
request should be included with a motion to table.
Attachment
A. Proposed Amendment to Section 1325.09 – Black-lined Version
B. Memo from City Attorney Joel Jamnik on Regulation of Cellular Antennas
C. City Council Minutes, August 31, 2015
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, NOVEMBER 4, 2015
6:30 P.M. - ARDEN HILLS CITY HALL
PLANNING CASES
B. Planning Case 15-022; Zoning Code Amendment – Accessory Antennas – Public
Hearing
Associate Planner Bachler stated that the City approved a Conditional Use Permit in July 2015
for the installation of wireless panel antennas and related equipment at the existing Bethel
University building at 2 Pine Tree Drive. During the City Council review of this request, a
question arose regarding whether the antennas should be considered an accessory use because
they did not directly support or complement the principal use of the property for higher education
and office activities. The City Attorney subsequently provided a memo that responded to this
question and suggested revisions to the Zoning Code to help clarify the issue.
Associate Planner Bachler indicated that the City Council discussed the recommendations
made by the City Attorney at their regular meeting on August 31, 2015. It was the consensus of
the City Council that an amendment to the Zoning Code should be processed to incorporate the
proposed revisions.
Associate Planner Bachler reported that telecommunication facilities are protected under
federal law through the Telecommunications Act of 1996. Cities may regulate the placement and
construction of cellular towers and antennas but cannot prohibit the provision of services. The
City has adopted regulations that limit the number of new cellular towers by requiring providers
to lease space on City water tower sites, use existing buildings, or co-locate on existing towers.
Additionally, new antennas are only permitted as an accessory use on a property with an existing
principal use.
Associate Planner Bachler indicated that the purpose of the proposed amendment is to clarify
that antenna installations do not necessarily need to complement or support the principal use they
are associated with. The revisions provided by the City Attorney state that antennas may be
treated as a secondary use as well as an accessory use.
Associate Planner Bachler provided the Findings of Fact for review:
1. The proposed amendment advances the land use goals in the City’s comprehensive Plan
because it ensures that land use regulations promote development that is compatible with
nearby properties and neighborhood character.
ARDEN HILLS PLANNING COMMISSION – November 4, 2015 2
2. The proposed amendment helps ensure that sufficient locations are provided for the
placement of telecommunications facilities in order to allow effective service.
Associate Planner Bachler stated that staff recommends approval of Planning Case 15-022 to
amend Section 1325.09 of the Zoning Code pertaining to the regulation of accessory antennas,
dish antennas, and towers, as presented in the November 4, 2015, report to the Planning
Commission
Associate Planner Bachler reviewed the options available to the Planning Commission on this
matter:
1. Recommend Approval as Submitted.
2. Recommend Approval with Changes.
3. Recommend Denial
4. Table
Chair Thompson opened the floor to Commissioner comments.
Commissioner Jones discussed the differences between primary and secondary uses of properties.
Chair Thompson opened the public hearing at 6:45 p.m.
Chair Thompson invited anyone for or against the application to come forward and make
comment.
There being no additional comment Chair Thompson closed the public hearing at 6:46 p.m.
Commissioner Holewa moved and Commissioner Jones seconded a motion to recommend
approval of Planning Case 15-022 amending Section 1325.09 of the Zoning Code pertaining
to the regulation of accessory antennas, dish antennas, and towers, as presented in the
November 4, 2015, report to the Planning Commission. The motion carried unanimously
(5-0).
The motion carried unanimously (5-0).
City of Arden Hills
City Council Meeting for November 30, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
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MEMORANDUM
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Matthew Bachler, Associate Planner
SUBJECT: Planning Case #15-019: Zoning Code Amendment – B-2 and B-3 District
Design Standards Façade Transparency Requirements
Requested Action
1) Motion to approve Ordinance Number 2015-010 in Planning Case 15-019 for an
amendment to Chapter 13, Section 1325.05, Subd. 8(F) of the Arden Hills City Code
based on the findings of fact as presented in the November 30, 2015, Report to the City
Council.
2) Motion to approve publishing a Summary of Ordinance Number 2015-010 (A
supermajority vote is required for this motion. The City Attorney has notified the City
that, despite the current Council vacancy, a 4/4 vote is required for items that require
supermajority approval).
Background
At the Joint Work Session on March 16, 2015, the City Council and Planning Commission
discussed the need to clarify the façade transparency requirements included in the B-2 and B-3
District Design Standards. The Design Standards now require commercial and multi-family
residential buildings to provide a certain amount of transparent window coverage on façades that
front a public street or that are reasonably visible from the right-of-way. There have been recent
development projects in the City where questions have arisen about the intent of the transparency
requirement and how visible a building’s interior needs to be to satisfy the standards.
CONSENT AGENDA 6-C
City of Arden Hills
City Council Meeting for November 30, 2015
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Discussion
The recommended revisions to the Design Standards state that transparent windows or doors
must allow views of interior uses or activities. The purpose of this revision is to prohibit the use
of walls, display areas, or other obstructions that could block views of the building’s interior
from the exterior. The recommended language is similar to that used by the City of Eden Prairie
in their Town Center Zoning District. It should be noted that because new development and
significant redevelopment projects in the B-2 and B-3 Districts are required to use the Planned
Unit Development (PUD) process, developers will still be able to request flexibility from these
transparency requirements.
Ordinance Number 2015-010 and the Summary for publication are included in Attachment A.
The red-lined version of the proposed amendment has also been provided in Attachment B. The
City Attorney has reviewed the amendment and does not have concerns with the proposed
language. The City Attorney has noted that in cases where there are privacy concerns, such as
patient or client treatment, the City should be flexible on the transparency requirements.
Findings of Fact
The Planning Commission reviewed Planning Case 15-019 at their regular meeting on November
4, 2015. Draft minutes from the meeting are included in Attachment D. The Planning
Commission offers the following findings of fact for consideration:
1. The City Council accepted the Guiding Plan for the B-2 District on October 27, 2008.
2. The City Council adopted design standards in Section 1325.05 of the Zoning Code on
November 24, 2008, that was in substantial conformance with the Guiding Plan for the B-
2 District.
3. The City Council amended Section 1325.05 Subd. 8 of the Zoning Code on December 8,
2008 to apply the B-2 Design Standards to the B-3 District.
4. The proposed amendments would provide developers with clarity in the development
review process and ensure that development in the B-2 and B-3 Districts continues to be
well-designed.
5. The proposed amendment is in conformance with the Guiding Plan for the B-2 District.
6. The proposed amendment is in conformance with the Purpose and Intent of Section
1325.05 Subd. 8 of the Zoning Code, Additional Design Standards for New
Development, Redevelopment, and Modifications to Existing Site in the B-2 and B-3
Districts.
7. The proposed amendment advances the land use goals in the City’s Comprehensive Plan
because it establishes design standards that will ensure the construction of high-quality
and aesthetically enhancing development.
City of Arden Hills
City Council Meeting for November 30, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
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Recommendation
The Planning Commission reviewed Planning Case 15-019 at their regular meeting on November
4, 2015, and unanimously recommends approval (5-0) of the proposed amendment to Chapter
13, Section 1325.05, Subd. 8(F) of the Arden Hills City Code based on the findings of fact as
presented in the November 30, 2015, Report to the City Council.
Proposed Motion Language
1. Approve the proposal as submitted (Recommended Action).
2. Deny the proposal with reasons for denial.
3. Table for additional information.
Public Notice
Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on October 21,
2015.
Public Comments
The City has not received any public comments regarding this planning case.
Attachments
A. Ordinance Number 2015-010 and Publication Summary
B. Proposed Amendment to Section 1325.05, Subd. 8(F) – Red-lined Version
C. Report to the Planning Commission, November 4, 2015
D. Draft Planning Commission Meeting Minutes, November 4, 2015
Page 1 of 2
184506
ORDINANCE NO. 2015-010
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 13,
SECTION 1325.05, SUBD. 8 (F), OF THE ARDEN HILLS CITY CODE
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS:
SECTION 1. Chapter 13, Zoning Code, Section 1325.05, Design Standards, Subd. 8(F),
is amended to read as follows:
1325.05 Design Standards
Subd. 8. Additional Design Standards for New Development, Redevelopment, and
Modifications to Existing Sites in the B2 and B3 Districts.
F. Window and Door Openings.
1. Commercial Façade Transparency.
a) Fifty percent (50%) of all first level building façades that front a public street
shall be comprised of transparent windows or doors in order to allow views of
interior uses and activities. Transparency requirement may be waived by the City
where privacy concerns warrant.
b) Twenty percent (20%) of all other first level building facades that are
reasonably visible from the public right of way shall be comprised of window or
door openings. Simulated or opaque windows may be used on service areas.
c) If the building is a one story design and the first floor elevation exceeds
twelve (12) feet, then only the first twelve (12) feet shall be included in
calculating the façade area.
d) The City may consider a proportional reduction in the transparent window and
door requirement on the public street façade if additional transparent glass is used
on the remaining sides.
2. Residential Façade Transparency. Twenty percent (20%) of all residential
building façades that front a public street shall be comprised of transparent windows or
doors in order to allow views of interior uses and activities. Transparency requirement
may be waived by the City where privacy concerns warrant.
SECTION 2. This Ordinance shall become effective the day following its publication.
Page 2 of 2
184506
PASSED and ADOPTED this _____ day of _______________, 20__, by the City
Council of the City of Arden Hills, Minnesota.
CITY OF ARDEN HILLS
By _______________________________
David Grant, Mayor
ATTEST:
_____________________________
Amy Dietl, City Clerk
Published in the ____________________ on _______________, 2015.
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 2015-010
On the 30th day of November, 2015, the Arden Hills City Council adopted Ordinance No. 2015-
010, and by the four affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a
summary of Ordinance 2015-010 be published.
Ordinance 2015-010 is entitled “An Ordinance Amending Chapter 13, Section 1325.05, Subd. 8
(F) of the Arden Hills City Code.” The Ordinance amends Section 1325.05, Subd. 8 (F) of the
Zoning Code pertaining to the building façade transparency requirements included in the B-2 and
B-3 District Design Standards.
A full copy of Ordinance 2015-010 is available for inspection by any person during regular
business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills,
Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org.
City of Arden Hills Chapter 13 - Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 1 of 9
Chapter 13 – Zoning Code
Section 1325 - General Regulations
1325.05 Design Standards. The standards established in this section are designed to
encourage a high standard of development by providing assurances that neighboring land uses
and neighboring properties will be compatible. The standards shall also apply to all future
development and shall apply to existing development where so stated. Before any applications
for development or construction under the City Code are approved, it shall be determined that
the proposal will be in conformance with these standards unless a deviation has been granted.
It shall be the responsibility of the applicant to demonstrate such conformance. (revised 4/28/08)
Subd. 8 Additional Design Standards for New Development, Redevelopment, and
Modifications to Existing Sites in the B2 and B3 Districts. (revised 12/17/08) Unless
preempted by the standards in this section, all other zoning provisions shall apply:
A. Purpose and Intent. The purpose of these additional design
standards is to promote a high level of architectural, landscaping, and site
design in the business districts of Arden Hills. The City seeks to create a
unified, harmonious, and high-quality environment to foster a distinct,
positive, and successful image for the City. The criteria by which new
development, redevelopment, and site modifications in the Districts shall
be judged are as follows:
1. Consistency with provisions of the comprehensive plan and other
guiding plans as amended from time to time; provisions of the zoning
ordinance and subdivision ordinance; and all other applicable
regulations.
2. Use of appropriate materials, lighting, textures, colors, and
architectural and landscape forms to create a unified, high-quality
design concept for each site that is compatible with adjacent and
neighboring structures and functions.
3. Creation of unified site designs, each with a sense of internal
order, that provide desirable environments for site users and visitors
and the community as a whole and that consider all site elements.
4. Provision of safe and adequate access from public streets to sites
giving ample consideration to the location and number of access
points, the safety and convenience of merging and turning
movements, and traffic management and mitigation.
5. Provision of on-site vehicular, bicycling, and pedestrian circulation
by way of interior drives, parking areas, pathways, and walkways
adequate to handle anticipated needs and to safety buffer pedestrians
and cyclists from motor vehicles. Ample consideration shall be given
to the width of interior drives, internal traffic movement and flow,
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 2 of 9
separation of pedestrian, cycling, automobile; and delivery traffic, and
the safe, convenient, and practical arrangement of parking spaces.
B. Application. The standards in this Section should apply only to the
building or site elements being developed or altered (i.e. a proposal for
changes to a building would be required to meet only those standards
that pertain to buildings while changes to a parking area would be
required to meet the standards for parking areas but not for buildings).
The design standards shall be applied proportionately to the degree of
change proposed. Upon recommendation from the Planning
Commission, the City Council may waive specific design standards based
on the scale of the project. The City Council shall make the final
determination on the compatibility and consistency with the design
standards.
C. Architectural Style and Building Character. Evaluation of a project
shall be based on the quality of its design and on its relationship to its
surroundings. Site characteristics to be evaluated for this purpose
include, but are not limited to, building and landscaping materials, colors,
textures, shapes, massing, building components, height, roof-line, and
setback. Monotony of design, both within projects and between projects
and its surrounding, is prohibited. Variation in detail, form, and
arrangement shall provide visual interest. (revised 11/25/13)
D. Building Materials. Buildings shall be constructed of materials that are
enduring, timeless, and well-detailed. Other new materials of equal or
better quality to those listed may be approved by the Community
Development Department. (revised 11/25/13)
1. At least seventy-five percent (75%) of the exterior building
materials shall be of brick masonry, tile masonry, natural stone (or
synthetic equivalent), decorative concrete plank, transparent glass or
any combination thereof. (revised 11/25/13)
2. Trim and other accent or decorative features may be metal, wood,
split faced block, EIFS, or stucco. Metals shall have a matte finish
and have visible corner moldings and trim when used on exterior
walls. EIFS shall be located at least twelve (12) feet above the
ground line. (revised 11/25/13)
3. Undesirable materials shall include simulated brick, vinyl or
aluminum siding, sheet or corrugated metal siding, plain concrete
blocks or panels, brightly colored metal roofing or canopies, pre-cast
tilt-up walls, mirrored or reflective glass, and materials that represent
corporate colors or logos not in conformance with approved building
materials. (revised 11/25/13)
E. Building Design. The arrangement, massing, materials and colors
shall work to create a high quality development that is responsive to
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 3 of 9
existing buildings, site features, and site design on adjoining sites in the
district. (revised 11/25/13)
1. At least fifty percent (50%) of the largest building on each site
shall be constructed at the front setback line.
2. Façade treatment shall be carried around all sides. Architectural
elements such as, but not limited to, windows, shutters, awnings,
doors, masonry exterior veneers, cornice detailing, window casings,
and other architectural details should demonstrate consistency on all
sides of the structure that are reasonably visible to the general public.
Plain flat walls shall not be permitted when viewable from the public
right-of-way or public areas.
3. To avoid long unbroken expanses and to increase visual interest
from the street, buildings of more than 40 feet in width shall be divided
into smaller increments (between 20 and 40 feet) through articulation
of the facades to convey the impression of individually-constructed
small storefronts or, in the case of housing, housing units. This can
be achieved through the combination of the following techniques:
a) The use of windows and doors;
b) Façade modulation—stepping backward or forward or
extending a portion of the façade;
c) Vertical divisions into storefronts with separate display
windows and entrances;
d) Recesses and projections such as porches, dormers and bays
that create shadows and add visual interest;
e) Variation in the rooflines by using multiple roof and ridge lines
perpendicular to one another, offsetting single roof lines, stepped
roofs;
f) Providing a lighting fixture, trellis, tree, or other landscape
feature with each interval.
4. Awnings or overhangs shall be provided at the primary entryway
and at all entrances fronting a public street to provide protection for
pedestrians. Awnings shall be opaque so as not to create a glowing
effect with lights under the awnings. Awnings shall be constructed of
durable and protective material, and shall be properly maintained.
Plastic or fiberglass awnings shall not be permitted. (revised 11/25/13)
5. Any multi-level building shall distinguish the ground floor level
from the upper floors by use of any or a combination of these
techniques: an intermediate cornice line, difference in building
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 4 of 9
materials or details, awnings trellis or arcade, special window details,
or brick corbels or quoins. A strong base and top for multi-story
buildings shall be established; middle layers shall be simpler. Detail
shall be an integral part of the architecture rather than a series of
applied elements.
6. Standardized corporate or franchise architecture identified with a
particular chain shall be discouraged unless it is compatible with
surrounding architecture and conforms to these design standards.
(revised 11/25/13)
7. Entrances shall have convenient access to the street frontage and
to parking serving the use. For those properties along County Road
E, access to the street frontage shall be given priority where feasible.
F. Window and Door Openings. (revised 11/25/13)
1. Commercial Façade Transparency.
a) Fifty percent (50%) of all the first level building façades that
fronts a public street shall be comprised made of transparent
windows or doors in order to allow views of interior uses and
activities. Transparency requirement may be waived by the City
where privacy concerns warrant. (revised 11/25/13)
b) Twenty percent (20%) of all other first level building facades
that are reasonably visible from the public right of way shall be
comprised of window or door openings. Simulated or opaque
windows may be used on service areas. (revised 11/25/13)
c) If the building is a one story design and the first floor elevation
exceeds twelve (12) feet, then only the first twelve (12) feet shall
be included in calculating the façade area. (revised 11/25/13)
d) The City may consider a proportional reduction in the
transparent window and door requirement on the public street
façade if additional transparent glass is used on the remaining
sides. (revised 11/25/13)
2. Residential Façade Transparency. At least Ttwenty percent
(20%) of all residential building façades that front a public street
shall be comprised of transparent windows or doors balcony/door
openings in order to allow views of interior uses and activities.
Opaque or tinted windows may be used to provide privacy.
Transparency requirement may be waived by the City where
privacy concerns warrant. (revised 11/25/13)
3. Configurations. The shape, size, and placement of windows and
doors shall emphasize the intended organization and articulation
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 5 of 9
of the façade. Windows and doors shall be recessed at least one
inch rather than being flush with the building façade. (revised
11/25/13)
4. Materials. Acceptable materials for window trim include anodized
aluminum, steel, wood, and clad wood. Door trim shall be made
of steel, wood, or clad wood. (revised 11/25/13)
5. For buildings with a use or function that does not readily allow
windows (e.g. cooler or freezer areas, mechanical rooms, security
areas, storage areas) the transparent window standards may be
reduced at the discretion of the City Council. However, aesthetic
interest must be provided by the use of upper level windows or
architectural detailing that provides arches, patterning, recesses,
and shadowing. Architectural detailing may include such things as
change in materials, change in color and other significant visual
relief provided in a manner or at intervals in keeping with the size,
mass, and scale of the wall. (revised 11/25/13)
G. Building Color. Building colors shall be muted. Recommended colors
include browns, grays, tans, beiges, and dark or muted green, blues, and
reds. Bright or brilliant colors and sharply contrasting colors may be used
for only accent purposes occupying a maximum of five percent (5%) of
building façades. (revised 11/25/13)
H. Fences. Fences shall blend into the landscape, be compatible with
other materials used on site, and be made of a material that minimizes
corrosion. Finished and treated wood, brick, stone or wrought iron is
encouraged.
I. Signs.
1. Business signs shall be architecturally compatible with the style,
materials, colors and details of the building. Signs shall be
incorporated into the façades of the buildings rather than extending
past the roof line and should not project more than twelve (12) inches
beyond the plane of the façades. Retail business wall signs shall be
located in a position above the front window that is located
consistently among stores. (revised 11/25/13)
2. All other provisions in Chapter 12, Sign Code, shall apply.
J. Site Furnishings and Seating Areas.
1. Site furnishings shall be provided based on the scale of the
project. The site furnishings may be spread out on the site or
clustered to provide a more formal area. Placing site furnishings near
landscaped areas is encouraged. These areas may be shared by
multiple tenants on a property or adjacent properties and may include
tables, chairs, benches, plantings, and other outdoor amenities such
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 6 of 9
as a plaza. These areas shall be maintained for year round use.
Creativity is highly encouraged. These spaces shall be connected to
the sidewalk system.
2. Benches and decorative plantings shall be provided near the
primary entrance of all buildings on a site.
3. Restaurants shall include a functional outdoor seating area with
tables, chairs, plantings, and access to the restaurant.
a) No outdoor seating shall be permitted in any portion of the
public sidewalks where normal pedestrian traffic flow is
obstructed.
b) The outdoor seating area shall not be used for exterior
storage when the area is not in use. (revised 11/25/13)
c) These areas shall be distinguished with decorative fencing
and/or plantings.
K. Screening.
1. Trash and recycling equipment, materials, and containers shall be
fully enclosed and integrated into the architecture of the buildings.
2. All mechanical equipment, whether roof-mounted or ground-
mounted should be integrated into the architecture of the building. It
shall be completely screened from the ground-level view of adjacent
properties and public streets. Wood screening shall not be permitted.
3. Truck docks and delivery areas shall face away from the public
street and shall be integrated into the architecture of the building.
L. Landscaping. A minimum of one tree shall be placed along the right-
of-way every forty (40) feet. The tree shall not interfere with the roadway
and shall be on private property. (revised 11/25/13)
M. Parking.
1. Placing parking between the street right-of-way and a building
shall be discouraged.
2. No more than fifty percent (50%) of the parking on a site may be
between buildings or in the side yards.
3. Sufficient parking shall be provided to accommodate the
reasonable hourly peak on a given site. Shared parking is
encouraged to reduce land devoted to parking. Hourly variations
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 7 of 9
among different types of land use may be considered when estimated
parking demands.
4. Plantings shall be used to soften and shade parking lots and
parking structures. Parking adjacent to streets should be screened
from view with landscaping, including but not limited to trees, hedges,
flowers and other bushes and/or decorative masonry walls. Berms
shall be discouraged. (revised 11/25/13)
5. Parking lot islands shall be used to distribute large parking lots
into separate areas. Parking lot islands shall be planted with trees or
include infiltration basins and plantings. Entry drives shall be defined
by trees and shrubs. (revised 11/25/13)
6. A concrete curb shall be provided around the periphery of all
parking lots and access roads, except where the City Engineer
determines that a curb would impede drainage.
7. Parking structures that are visible from off the site shall display an
integration of building materials, form, and colors with the principal
building. No signs other than directional signs shall be permitted on
parking ramp facades. (revised 11/25/13)
N. Traffic Study. A traffic study shall be required for all new
developments, redevelopments, and significant modifications to existing
sites unless waived by the City Council.
O. Lighting. Exterior lighting shall be provided for the safety and
convenience of occupants and visitors.
1. A lighting plan shall be submitted that shows location, type of
illumination and design. A photometric analysis of site and building
shall be submitted for City approval with all new construction or
redevelopment projects.
2. Exterior lighting shall be consistent in type, design, scale, and
color to create unity in the Districts. High-pressure sodium lighting
and other similar types of lighting color may be required by the City to
promote a unified lighting color throughout the Districts. Other lighting
colors may be considered during the City review process.
3. Exterior lighting for parking lots and buildings shall not be
excessive and shall be directed at their intended purposes.
4. Lighting under a gasoline station canopy shall not be directly
visible from the street but shall be recessed into the canopy or
otherwise shielded.
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 8 of 9
5. Light washing of buildings and accent lighting may be permitted
through the City review process provided that it does not negatively
impact residential areas or traffic safety and is complementary to the
district as a whole.
P. Pedestrian and Bicycle Circulation. Pedestrian and bicycle
improvements shall be installed in accordance with the City of Arden Hills
Comprehensive Plan and the local guiding plan and shall be in
conformance with the following:
1. Site design shall facilitate pedestrian connections and mobility
within and between buildings, sites, and uses by providing clear visual
indicators through door placement, signage, striping, raised pathways,
and integrating landscaping components. (revised 11/25/13)
2. An internal sidewalk system shall link the primary entrance of
each building on site with the public sidewalk or trail network. In the
event a building is subdivided into multiple separated tenant spaces, a
sidewalk must link the primary entrance of each separated tenant
space with the public sidewalk network. (revised 11/25/13)
3. Where there is new building construction or renovation where the
renovation value is thirty percent (30%) or more of the pre-renovation
value of the structure, a minimum six foot concrete sidewalk adjacent
to or in all rights-of-way shall be provided. The location of the
sidewalk shall be prescribed by the Public Works Director. The new
sidewalks shall connect to sidewalks on adjacent properties if they
exist. At the discretion of the City Council, the property owner may, in
lieu of constructing the sidewalk, pay the City an amount equal to the
cost of constructing the sidewalk to satisfy the obligations of this
section. Said payment shall be used by the City to further maintain
and construct the pathway system within the City. (revised 11/25/13)
Q. Bicycle Parking. (adopted 11/25/13)
1. General Requirements.
a) Bicycle parking may be provided using the following
approaches: bicycle racks, bicycle lockers, or bicycle parking
stations.
b) Bicycle racks must support a bicycle frame at two locations
and enable the frame and one or both wheels to be secured. The
City requires that bicycle racks meet inverted “U”, ring-and-post,
or comparable design standards.
c) Bicycle racks or lockers must be securely anchored to a level,
concrete or pavement surface.
City of Arden Hills Chapter 13 Zoning Code
Section 1325 – General Regulations
Adopted: November 13, 2006
Page 9 of 9
2. Location Criteria. Bicycle parking shall be located in a safe,
designated area and should be within fifty (50) feet of the primary
building entrance. Bicycle racks shall be visible either from within
the building or the public right-of-way.
3. Dimension Criteria.
a) At least two (2) feet of clearance shall be provided from the
centerline of each adjacent bicycle rack.
b) An access aisle of at least five (5) feet shall be provided in
each bicycle parking facility.
c) Bicycle racks shall be at least twenty-four (24) inches from a
wall to which they are parallel and thirty (30) inches from a wall
which they are perpendicular.
2. Number of Required Bicycle Parking Spaces. For commercial
uses, one bicycle parking space shall be provided for every twenty
(20) automobile parking spaces. A minimum of two (2) parking
spaces is required.
R. Drainage/Water Management Plan: Stormwater management plans
shall comply with Rule C: Stormwater Management Plans of the Rice
Creek Watershed District Rules. (amended 04/27/15)
S. Environmental Conservation and Sustainability. The City encourages
the use of green materials and environmentally friendly construction and
site design such as the use of pervious surfaces, green rooftops, energy
efficient materials, LEED standards, and other green building techniques.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
Transparency\Memos_Reports_15-019
Page 1 of 4
MEMORANDUM
DATE: November 4, 2015 PC Agenda Item 3.A
TO: Planning Commission
FROM: Matthew Bachler, Associate Planner
SUBJECT: Planning Case #15-019 – Public Hearing Required
Applicant: City of Arden Hills
Request: Zoning Code Amendment – B-2 and B-3 District Design Standards
Façade Transparency Requirements
Requested Action
Consider approval of Planning Case 15-019 to amend Section 1325.05, Subd. 8 of the Zoning
Code pertaining to the Commercial and Residential Façade Transparency Requirements for
properties in the B-2 and B-3 Districts, as presented in the November 4, 2015, report to the
Planning Commission.
Background
At the Joint Work Session on March 16, 2015, the City Council and Planning Commission
discussed the need to clarify the façade transparency requirements included in the B-2 and B-3
District Design Standards. Currently, the Design Standards require commercial and multi-family
residential buildings to provide a certain percentage of transparent window coverage on façades
that front a public street or that are reasonably visible from the right-of-way. There have been
recent development projects in the City where questions have arisen about the intent of the
transparency requirements and how visible a building’s interior needs to be to satisfy the
standards.
Staff presented recommended revisions to the B-2 and B-3 District Design Standards at the
Planning Commission Work Session held on September 9, 2015. The Planning Commission was
supportive of the changes proposed and staff is now requesting that the Planning Commission
hold a formal public hearing and consider approval of Planning Case 15-019.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
Transparency\Memos_Reports_15-019
Page 2 of 4
Discussion
The recommended revisions state that transparent windows or doors must allow views of interior
uses or activities. The purpose of this revision is to prohibit the use of walls, display areas, or
other obstructions that could block views of the building’s interior from the exterior. The
language being recommended by staff is similar to the standard used by the City of Eden Prairie
for their Town Center Zoning District. It should be noted that because new development and
significant redevelopment projects in the B-2 and B-3 Districts are required to use the Planned
Unit Development (PUD) process, developers will still be able to request flexibility from these
transparency requirements.
The proposed amendment is included in Attachment A. The City Attorney has reviewed the
amendment and does not have concerns with the proposed language. The City Attorney has
noted that in cases where there are privacy concerns, such as patient or client treatment, the City
should be flexible on the transparency requirements.
Findings of Fact
Municipalities have broad discretion when reviewing and adopting zoning regulations. However,
because the Zoning Code is a tool used to implement the City’s comprehensive plan, it is
necessary to understand the connection between the two documents when reviewing proposed
Zoning Code amendments.
Staff offers the following findings of fact for the Planning Commission’s consideration:
1. The City Council accepted the Guiding Plan for the B-2 District on October 27, 2008.
2. The City Council adopted design standards in Section 1325.05 of the Zoning Code on
November 24, 2008, that was in substantial conformance with the Guiding Plan for the B-
2 District.
3. The City Council amended Section 1325.05 Subd. 8 of the Zoning Code on December 8,
2008 to apply the B-2 Design Standards to the B-3 District.
4. The proposed amendments would provide developers with clarity in the development
review process and ensure that development in the B-2 and B-3 Districts continues to be
well-designed.
5. The proposed amendment is in conformance with the Guiding Plan for the B-2 District.
6. The proposed amendment is in conformance with the Purpose and Intent of Section
1325.05 Subd. 8 of the Zoning Code, Additional Design Standards for New
Development, Redevelopment, and Modifications to Existing Site in the B-2 and B-3
Districts.
7. The proposed amendment advances the land use goals in the City’s comprehensive plan
because it establishes design standards that will ensure the construction of high-quality
and aesthetically enhancing development.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
Transparency\Memos_Reports_15-019
Page 3 of 4
Recommendation
Staff recommends approval of Planning Case 15-019 to amend Section 1325.05, Subd. 8 of the
Zoning Code pertaining to the Commercial and Residential Façade Transparency Requirements
for properties in the B-2 and B-3 Districts, as presented in the November 4, 2015, report to the
Planning Commission.
Notice
Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on October 21,
2015.
Public Comments
The City has not received any public comments regarding this planning case.
Options & Proposed Motion Language
1. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 15-
019 to amend Section 1325.05, Subd. 8 of the Zoning Code pertaining to the Commercial and
Residential Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as
presented in the November 4, 2015, report to the Planning Commission.
2. Recommend Approval with Changes: Motion to recommend approval of Planning Case 15-
019 to amend Section 1325.05, Subd. 8 of the Zoning Code pertaining to the Commercial and
Residential Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as
presented in the November 4, 2015, report to the Planning Commission, with the following
changes…
3. Recommend Denial: Motion to recommend denial of Planning Case 15-019 to amend
Section 1325.05, Subd. 8 of the Zoning Code pertaining to the Commercial and Residential
Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as presented
in the November 4, 2015, report to the Planning Commission: findings to deny should
specifically reference the reasons for denial.
4. Table: Motion to table Planning Case 15-019 to amend Section 1325.05, Subd. 8 of the
Zoning Code pertaining to the Commercial and Residential Façade Transparency
Requirements for properties in the B-2 and B-3 Districts, as presented in the November 4,
2015, report to the Planning Commission: a specific reason and information request should
be included with a motion to table.
City of Arden Hills
Planning Commission Meeting for November 4, 2015
P:\Planning\Planning Cases\2015\PC 15-019 - Zoning Code Amendment - B-2 & B-3 Design Standards - Window
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Page 4 of 4
Attachments
A. Proposed Amendments to Section 1325.05, Subd 8 - Black-lined Version
B. Draft Planning Commission Work Session Minutes, September 9, 2015
Approved:
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, NOVEMBER 4, 2015
6:30 P.M. - ARDEN HILLS CITY HALL
PLANNING CASES
A. Planning Case 15-019; Zoning Code Amendment – Façade Transparency – Public
Hearing
Associate Planner Bachler explained that at the Joint Work Session on March 16, 2015, the
City Council and Planning Commission discussed the need to clarify the façade transparency
requirements included in the B-2 and B-3 District Design Standards. Currently, the Design
Standards require commercial and multi-family residential buildings to provide a certain
percentage of transparent window coverage on façades that front a public street or that are
reasonably visible from the right-of-way. There have been recent development projects in the
City where questions have arisen about the intent of the transparency requirements and how
visible a building’s interior needs to be to satisfy the standards.
Associate Planner Bachler indicated that staff presented recommended revisions to the B-2 and
B-3 District Design Standards at the Planning Commission Work Session held on September 9,
2015. The Planning Commission was supportive of the changes proposed and staff is now
requesting that the Planning Commission hold a formal public hearing and consider approval of
Planning Case 15-019.
Associate Planner Bachler explained that the recommended revisions state that transparent
windows or doors must allow views of interior uses or activities. The purpose of this revision is
to prohibit the use of walls, display areas, or other obstructions that could block views of the
building’s interior from the exterior. He noted that the City Attorney has advised that in cases
where there are privacy, such as patient treatment or residential uses, the City should be flexible
with these requirements.
Associate Planner Bachler provided the Findings of Fact for review:
1. The City Council accepted the Guiding Plan for the B-2 District on October 27, 2008.
2. The City Council adopted design standards in Section 1325.05 of the Zoning Code on
November 24, 2008, that was in substantial conformance with the Guiding Plan for the B-
2 District.
3. The City Council amended Section 1325.05 Subd. 8 of the Zoning Code on December 8,
2008 to apply the B-2 Design Standards to the B-3 District.
ARDEN HILLS PLANNING COMMISSION – November 4, 2015 2
4. The proposed amendments would provide developers with clarity in the development
review process and ensure that development in the B-2 and B-3 Districts continues to be
well-designed.
5. The proposed amendment is in conformance with the Guiding Plan for the B-2 District.
6. The proposed amendment is in conformance with the Purpose and Intent of Section
1325.05 Subd. 8 of the Zoning Code, Additional Design Standards for New
Development, Redevelopment, and Modifications to Existing Site in the B-2 and B-3
Districts.
7. The proposed amendment advances the land use goals in the City’s comprehensive plan
because it establishes design standards that will ensure the construction of high-quality
and aesthetically enhancing development.
Associate Planner Bachler stated that staff recommends approval of Planning Case 15-019 to
amend Section 1325.05, Subd. 8 of the Zoning Code pertaining to the Commercial and
Residential Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as
presented in the November 4, 2015, report to the Planning Commission.
Associate Planner Bachler reviewed the options available to the Planning Commission on this
matter:
1. Recommend Approval as Submitted.
2. Recommend Approval with Changes.
3. Recommend Denial
4. Table
Chair Thompson opened the public hearing at 6:35 p.m.
Chair Thompson invited anyone for or against the application to come forward and make
comment.
There being no additional comment Chair Thompson closed the public hearing at 6:36 p.m.
Commissioner Holewa moved and Commissioner Bartel seconded a motion to recommend
approval of Planning Case 15-019 amending Section 1325.05, Subd. 8 of the Zoning Code
pertaining to the Commercial and Residential Façade Transparency Requirements for
properties in the B-2 and B-3 Districts, as presented in the November 4, 2015, report to the
Planning Commission. The motion carried unanimously (5-0).
Page 1 of 2
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: John Anderson, Acting Public Works Director
SUBJECT: 2015 Pavement Management Program (PMP)
Pay Estimate #6 and change order No. 2
Requested Action
Approve Payment #6 to Valley Paving, Inc. in the amount of $913,366.11 for the 2015 PMP
Improvements.
Background
The City Council awarded the 2015 PMP Improvements to Valley Paving, Inc. on May 4, 2015,
in the amount of $3,826,471.88.
Discussion
This sixth pay request includes work through November 6, 2015. Five percent is being withheld
from the work completed according to the contract documents. The payment is in the amount of
$913,366.11. Major items of work for this payment are:
Lake Lane construction
Final wear paving (Grant / Noble)
Final wear paving (Venus/Crystal)
Change Order No. 2 changes the much material from Type 5 to Type 8. The mulch used in the
hydro seeding is being changed to a heavier mulch, better suited to the soils, and should produce
better growth and turf establishment. The total amount of this change order increases the
contract by $12,909.52
CONSENT ITEM – 6D
MEMORANDUM
Page 2 of 2
Financial Implications
The following breakdown shows the funding sources and the amounts for Payment #6
Funding Source Amount
PIR $ 545,375.72
Surface Water Management $ 161,665.80
Water Utility $ 191,715.55
Sanitary Sewer Utility $ 14,248.51
Total $ 913,366.11
Attachments
Attachment A: Payment Estimate #6
Attachment B: Change Order No. 2
Attachment C: Elfering 11/23/15 Letter
PARTIAL PAY ESTIMATE #6
FROM:
TO:
CONTRACTOR: Valley Paving, Inc
ADDRESS: 8800 13th Avenue E Shakopee, MN 55379
OWNER: City of Arden Hills, MN
PROJECT:
SUBSTANTIAL COMPLETION DATE AMOUNT OF CONTRACT
October 31, 2015 ORIGINAL: 3,896,796.88 $
REVISED: 3,826,471.88 $
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
SCHEDULE 1.0 - STREET (GRANT/NOBLE)
1 2021.501 MOBILIZATION LS 1.00 52,200.00 0.00 $0.00 1.00 $52,200.00
2 2101.502 CLEARING TREE 8.00 255.00 0.00 $0.00 6.00 $1,530.00
3 2101.507 GRUBBING TREE 8.00 113.00 0.00 $0.00 6.00 $678.00
4 2104.505 REMOVE CONCRETE PAVEMENT SY 625.00 8.50 268.37 $2,281.15 1,192.37 $10,135.15
5 2104.505 REMOVE BITUMINOUS PAVEMENT SY 14,160.00 2.88 0.00 $0.00 13,692.00 $39,432.96
6 2104.523 SALVAGE SIGN EACH 25.00 25.60 18.00 $460.80 18.00 $460.80
7 2104.523 SALVAGE MAILBOX EACH 79.00 61.50 0.00 $0.00 60.00 $3,690.00
8 2104.511 SAW CUT CONCRETE (FULL DEPTH) LF 1,440.00 2.82 0.00 $0.00 458.00 $1,291.56
9 2104.513 SAW CUT BITUMINOUS (FULL DEPTH) LF 900.00 2.00 0.00 $0.00 723.00 $1,446.00
10 2105.501 COMMON EXCAVATION (P) CY 7,815.82 14.50 2,569.82 $37,262.39 7,815.82 $113,329.39
11 2105.507 SUBGRADE EXCAVATION CY 580.00 14.50 0.00 $0.00 758.00 $10,991.00
12 2105.522 SELECT GRANULAR BORROW (CV) CY 580.00 24.00 0.00 $0.00 355.00 $8,520.00
13 2105.525 TOPSOIL BORROW CY 1,000.00 28.00 0.00 $0.00 992.00 $27,776.00
14 2105.604 GEOTEXTILE FABRIC TYPE V SY 1,750.00 0.85 0.00 $0.00 972.00 $826.20
15 2211.501 AGGREGATE BASE, CLASS 7 TON 6,250.00 0.01 1,351.00 $13.51 6,361.00 $63.61
16 2211.501 AGGREGATE BASE, CLASS 7 (DRIVEWAY) TON 650.00 17.40 612.00 $10,648.80 715.00 $12,441.00
17 2232.501 MILL BITUMINOUS PAVEMENT SY 60.00 6.75 60.00 $405.00 60.00 $405.00
18 2331.603 BITUMINOUS JOINT CONTROL LF 2,730.00 2.33 1,159.00 $2,700.47 1,159.00 $2,700.47
19 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 565.00 2.00 40.00 $80.00 155.00 $310.00
20 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE TON 1,150.00 64.15 1,083.00 $69,474.45 1,094.00 $70,180.10
21 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (TRAIL) TON 15.00 105.00 0.00 $0.00 48.00 $5,040.00
22 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (DRIVEWAY) TON 30.00 105.00 84.00 $8,820.00 118.00 $12,390.00
23 2360.501 TYPE SP 12.5 NONWEARING COURSE MIXTURE TON 1,500.00 62.70 327.00 $20,502.90 1,297.00 $81,321.90
24 2504.601 IRRIGATION REPAIR EACH 10.00 100.00 2.00 $200.00 12.00 $1,200.00
25 2531.501 CONCRETE CURB & GUTTER B618 LF 8,100.00 10.10 2,272.00 $22,947.20 8,044.00 $81,244.40
26 2531.511 4" CONCRETE WALK SF 210.00 5.43 92.00 $499.56 203.00 $1,102.29
27 2531.511 CONCRETE PAVEMENT (6" THICK) SF 11,310.00 4.41 3,127.85 $13,793.82 11,872.85 $52,359.27
28 2531.511 CONCRETE PAVEMENT (SPECIAL) (6" THICK) SF 300.00 12.71 0.00 $0.00 15.00 $190.65
29 2531.618 TRUNCATED DOMES SF 48.00 41.00 0.00 $0.00 68.00 $2,788.00
30 2540.603 LANDSCAPE EDGER, PLASTIC (REPLACEMENT) LF 400.00 5.00 0.00 $0.00 0.00 $0.00
31 2563.601 TRAFFIC CONTROL LS 1.00 4,510.00 0.75 $3,382.50 1.00 $4,510.00
32 2564.531 F & I SIGN PANEL SF 150.00 32.80 92.00 $3,017.60 92.00 $3,017.60
33 2564.602 F & I SIGN POST EACH 16.00 97.40 15.00 $1,461.00 15.00 $1,461.00
34 2573.502 SILT FENCE TYPE MACHINE SLICED LF 465.00 3.20 0.00 $0.00 587.50 $1,880.00
35 2573.520 SEDIMENT REMOVAL BACKHOE HR 20.00 50.00 0.00 $0.00 0.00 $0.00
36 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 3.00 40.00 1.00 $40.00 3.00 $120.00
37 2573.607 ROADWAY ROCK CHECK DAM CY 100.00 31.00 0.00 $0.00 39.27 $1,217.37
38 2575.512 MULCH MATERIAL, TYPE SPECIAL CY 140.00 55.00 0.00 $0.00 0.00 $0.00
39 2575.604 SEEDING (TYPE 25-151) SY 9,000.00 1.28 0.00 $0.00 5,760.00 $7,372.80
40 2575.607 LANDSCAPE ROCK CY 30.00 100.00 0.00 $0.00 0.00 $0.00
41 SPEC DENSITY TEST EACH 25.00 80.00 0.00 $0.00 0.00 $0.00
42 SPEC PROCTOR TEST EACH 3.00 155.00 0.00 $0.00 1.00 $155.00
43 SPEC GRADATION TEST EACH 3.00 140.00 0.00 $0.00 3.00 $420.00
44 SPEC AIR VOIDS EACH 6.00 255.00 0.00 $0.00 0.00 $0.00
TOTAL TO DATE
September 26, 2015
November 6, 2015
2015 PMP Improvements
THIS PERIOD
ORIGINAL:
REVISED:
ORIGINAL CONTRACT
1
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
TOTAL TO DATE THIS PERIOD ORIGINAL CONTRACT
45 SPEC CONCRETE TESTING, CYLINDERS (SET OF 3) EACH 6.00 215.00 0.00 $0.00 0.00 $0.00
46 SPEC EXTRACTION/GRADATION EACH 6.00 255.00 0.00 $0.00 0.00 $0.00
47 SPEC NUCLEAR BITUMINOUS DENSITY EACH 18.00 28.00 0.00 $0.00 2.00 $56.00
SCHEDULE 1.0 - STREET (GRANT/NOBLE) -- TOTAL $197,991.14 $616,253.51
SCHEDULE 2.0 - STREET (VENUS/CRYSTAL)
1 2021.501 MOBILIZATION LS 1.00 135,000.00 0.00 $0.00 1.00 $135,000.00
2 2101.502 CLEARING TREE 15.00 255.00 0.00 $0.00 18.00 $4,590.00
3 2101.507 GRUBBING TREE 15.00 113.00 0.00 $0.00 18.00 $2,034.00
4 2104.501 REMOVE CONCRETE CURB AND GUTTER LF 254.00 4.90 6.00 $29.40 52.00 $254.80
5 2104.505 REMOVE CONCRETE PAVEMENT SY 1,055.00 8.50 42.12 $358.02 1,590.12 $13,516.02
6 2104.505 REMOVE BITUMINOUS PAVEMENT SY 31,250.00 2.85 1,451.90 $4,137.92 26,518.90 $75,578.87
7 2104.523 SALVAGE SIGN EACH 61.00 25.60 0.00 $0.00 0.00 $0.00
8 2104.523 SALVAGE MAILBOX EACH 104.00 61.50 0.00 $0.00 104.00 $6,396.00
9 2104.523 SALVAGE MAILBOX (SPECIAL) EACH 1.00 3,500.00 0.00 $0.00 0.00 $0.00
10 2104.618 SALVAGE BRICK PAVERS SF 1,530.00 2.55 920.00 $2,346.00 1,117.00 $2,848.35
11 2104.618 SALVAGE RETAINING WALL SF 80.00 10.55 0.00 $0.00 0.00 $0.00
12 2104.511 SAW CUT CONCRETE (FULL DEPTH) LF 1,405.00 2.80 563.00 $1,576.40 1,093.00 $3,060.40
13 2104.513 SAW CUT BITUMINOUS (FULL DEPTH) LF 1,175.00 2.00 447.00 $894.00 1,119.00 $2,238.00
14 2105.501 COMMON EXCAVATION (P) CY 21,622.74 12.35 2,502.44 $30,905.13 21,622.74 $267,040.84
15 2105.522 SELECT GRANULAR BORROW (CV) (P) CY 10,250.00 24.00 1,495.00 $35,880.00 10,250.00 $246,000.00
16 2105.525 TOPSOIL BORROW CY 2,255.00 28.00 1,624.00 $45,472.00 2,190.00 $61,320.00
17 2105.603 MINOR GRADING LF 160.00 20.00 160.00 $3,200.00 160.00 $3,200.00
18 2105.604 GEOTEXTILE FABRIC TYPE V SY 30,660.00 0.85 3,301.00 $2,805.85 30,678.00 $26,076.30
19 2211.501 AGGREGATE BASE, CLASS 7 TON 13,500.00 0.01 2,357.00 $23.57 7,362.00 $73.62
20 2211.501 AGGREGATE BASE, CLASS 7 (DRIVEWAY) TON 855.00 17.50 104.00 $1,820.00 554.00 $9,695.00
21 2232.501 MILL BITUMINOUS PAVEMENT SY 45.00 6.75 52.00 $351.00 52.00 $351.00
22 2331.603 BITUMINOUS JOINT CONTROL LF 6,500.00 2.33 5,350.00 $12,465.50 5,350.00 $12,465.50
23 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,225.00 2.00 170.00 $340.00 370.00 $740.00
24 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE TON 2,375.00 64.15 2,377.33 $152,505.72 2,377.33 $152,505.72
25 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (TRAIL) TON 20.00 105.00 21.00 $2,205.00 21.00 $2,205.00
26 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (DRIVEWAY) TON 120.00 105.00 70.00 $7,350.00 161.00 $16,905.00
27 2360.501 TYPE SP 12.5 NONWEARING COURSE MIXTURE TON 3,050.00 63.40 1,942.00 $123,122.80 2,844.00 $180,309.60
28 2504.601 IRRIGATION REPAIR EACH 20.00 100.00 12.00 $1,200.00 14.00 $1,400.00
29 2531.501 CONCRETE CURB & GUTTER B618 LF 17,600.00 10.10 6,202.00 $62,640.20 17,082.00 $172,528.20
30 2531.511 4" CONCRETE WALK SF 125.00 5.43 204.00 $1,107.72 256.00 $1,390.08
31 2531.511 CONCRETE PAVEMENT (6" THICK) SF 18,500.00 4.41 8,734.00 $38,516.94 23,010.00 $101,474.10
32 2531.511 CONCRETE PAVEMENT (SPECIAL) (6" THICK) SF 400.00 12.71 50.00 $635.50 211.00 $2,681.81
33 2531.618 TRUNCATED DOMES SF 12.00 41.00 0.00 $0.00 0.00 $0.00
34 2540.603 LANDSCAPE EDGER, PLASTIC (REPLACEMENT) LF 900.00 5.00 0.00 $0.00 0.00 $0.00
35 2540.618 INSTALL SALVAGED BRICK PAVERS SF 1,530.00 10.00 615.00 $6,150.00 615.00 $6,150.00
36 2563.601 TRAFFIC CONTROL LS 1.00 3,280.00 1.00 $3,280.00 1.00 $3,280.00
37 2564.531 F & I SIGN PANEL SF 60.00 32.80 0.00 $0.00 0.00 $0.00
38 2564.602 F & I SIGN POST EACH 15.00 97.40 0.00 $0.00 0.00 $0.00
39 2573.502 SILT FENCE TYPE MACHINE SLICED LF 750.00 3.02 355.87 $1,074.73 1,816.62 $5,486.19
40 2573.520 SEDIMENT REMOVAL BACKHOE HR 40.00 50.00 0.00 $0.00 0.00 $0.00
41 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 3.00 40.00 0.00 $0.00 3.00 $120.00
42 2573.607 ROADWAY ROCK CHECK DAM CY 100.00 30.00 0.00 $0.00 187.00 $5,610.00
43 2575.512 MULCH MATERIAL, TYPE SPECIAL CY 130.00 55.00 0.00 $0.00 0.00 $0.00
44 2575.604 SEEDING (TYPE 25-151) SY 20,300.00 1.28 0.00 $0.00 0.00 $0.00
45 2575.607 LANDSCAPE ROCK CY 50.00 100.00 0.00 $0.00 0.00 $0.00
46 SPEC DENSITY TEST EACH 50.00 80.00 0.00 $0.00 0.00 $0.00
47 SPEC PROCTOR TEST EACH 5.00 155.00 0.00 $0.00 1.00 $155.00 2
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
TOTAL TO DATE THIS PERIOD ORIGINAL CONTRACT
48 SPEC GRADATION TEST EACH 5.00 140.00 0.00 $0.00 4.00 $560.00
49 SPEC AIR VOIDS EACH 16.00 255.00 0.00 $0.00 0.00 $0.00
50 SPEC CONCRETE TESTING, CYLINDERS (SET OF 3) EACH 16.00 215.00 0.00 $0.00 3.00 $645.00
51 SPEC EXTRACTION/GRADATION EACH 16.00 255.00 0.00 $0.00 1.00 $255.00
52 SPEC NUCLEAR BITUMINOUS DENSITY EACH 40.00 28.00 0.00 $0.00 19.00 $532.00
SCHEDULE 2.0 - STREET (VENUS/CRYSTAL) -- TOTAL $542,393.40 $1,526,671.40
SCHEDULE 3.0 - STORM SEWER
1 2104.501 REMOVE SEWER PIPE (STORM) LF 889.00 7.00 0.00 $0.00 933.00 $6,531.00
2 2104.501 REMOVE FENCE LF 165.00 4.10 0.00 $0.00 20.00 $82.00
3 2104.509 REMOVE DRAINAGE STRUCTURE EACH 40.00 400.00 0.00 $0.00 41.00 $16,400.00
4 2104.523 SALVAGE BENCH EACH 1.00 100.00 0.00 $0.00 1.00 $100.00
5 2105.501 POND EXCAVATION (RAINWATER GARDEN) (CV) CY 2,550.00 16.00 432.00 $6,912.00 2,165.00 $34,640.00
6 2502.603 6-INCH PERF TP PIPE DRAIN W/SOCK LF 20,450.00 6.95 4,980.00 $34,611.00 19,368.00 $134,607.60
7 2503.511 12" RCP CL V STORM SEWER LF 850.00 28.50 72.00 $2,052.00 876.00 $24,966.00
8 2503.511 15" RCP CL V STORM SEWER LF 3,277.00 28.50 796.00 $22,686.00 3,267.00 $93,109.50
9 2503.541 18" RCP CL III STORM SEWER LF 65.00 34.50 0.00 $0.00 65.00 $2,242.50
10 2503.541 21" RCP CL III STORM SEWER LF 82.00 37.00 0.00 $0.00 82.00 $3,034.00
11 2503.541 24" RCP CL III STORM SEWER LF 82.00 38.75 0.00 $0.00 82.00 $3,177.50
12 2503.602 CONNECT TO EXISTING STORM SEWER EACH 23.00 405.00 2.00 $810.00 21.00 $8,505.00
13 2503.603 4" PVC SERVICE PIPE SCH 40 LF 120.00 37.25 0.00 $0.00 228.00 $8,493.00
14 2504.602 WATER SERVICE ADJUSTMENT EACH 6.00 800.00 0.00 $0.00 7.00 $5,600.00
15 2504.603 1" WATER SERVICE (ADJUSTMENT) LF 240.00 30.00 0.00 $0.00 0.00 $0.00
16 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 24"X36" EACH 22.00 1,675.00 6.00 $10,050.00 26.00 $43,550.00
17 2506.502 CONST DRAINAGE STRUCTURE DESIGN 48-4020 EACH 39.00 2,165.00 4.00 $8,660.00 39.00 $84,435.00
18 2506.502 CONST DRAINAGE STRUCTURE DESIGN 60-4020 EACH 1.00 3,285.00 0.00 $0.00 1.00 $3,285.00
19 2506.502 CONST DRAINAGE STRUCTURE DESIGN 48-4020 (SUMP) EACH 5.00 6,480.00 1.00 $6,480.00 5.00 $32,400.00
20 2506.602 ADJUST STORM STRUCTURE EACH 1.00 6,035.00 0.27 $1,629.45 1.27 $7,664.45
21 2511.501 RANDOM RIP RAP CLASS IV CY 130.00 95.00 99.40 $9,443.00 159.40 $15,143.00
22 2511.607 GRANULAR BEDDING, RAIN WATER GARDEN (CV) CY 811.00 31.30 251.00 $7,856.30 626.00 $19,593.80
23 2540.602 INSTALL SALVAGED BENCH EACH 1.00 200.00 0.00 $0.00 0.00 $0.00
24 2540.603 LANDSCAPE EDGER, STEEL (RAIN WATER GARDEN) LF 3,100.00 7.00 575.00 $4,025.00 1,970.00 $13,790.00
25 2540.618 ROCK RETAINING WALL SF 1,500.00 18.00 271.00 $4,878.00 991.00 $17,838.00
26 2554.602 12" FLARED END SECTION W/ TRASHGUARD EACH 2.00 700.00 1.00 $700.00 2.00 $1,400.00
27 2557.603 SPLIT RAIL WOOD FENCE LF 290.00 12.30 0.00 $0.00 123.00 $1,512.90
28 2571.541 TRANSPLANT TREE TREE 4.00 500.00 4.00 $2,000.00 5.00 $2,500.00
29 2573.530 INLET PROTECTION (WIMCO) EACH 92.00 95.00 6.00 $570.00 45.00 $4,275.00
30 2573.530 INLET PROTECTION (STRUCTURE W/O CASTING) EACH 61.00 145.00 23.00 $3,335.00 61.00 $8,845.00
31 2573.602 INLET SEDIMENT REMOVAL EACH 75.00 35.00 12.00 $420.00 82.00 $2,870.00
32 2575.512 MULCH MATERIAL, TYPE SPECIAL CY 80.00 55.00 96.00 $5,280.00 193.00 $10,615.00
33 2575.523 EROSION CONTROL BLANKET (CATEGORY 6) SY 35.00 7.70 160.00 $1,232.00 160.00 $1,232.00
34 2575.550 COMPOST GRADE 2 CY 160.00 50.00 40.00 $2,000.00 253.00 $12,650.00
35 SPEC TRACE WIRE (DRAIN TILE) LF 20,450.00 0.35 4,980.00 $1,743.00 19,368.00 $6,778.80
36 SPEC DRAIN TILE CONNECTION STUB EACH 25.00 250.00 21.00 $5,250.00 29.00 $7,250.00
37 SPEC STEEL FIBER (RAIN WATER GARDEN) TONS 65.00 1,265.00 0.00 $0.00 0.00 $0.00
38 SPEC DENSITY TEST EACH 30.00 80.00 0.00 $0.00 3.00 $240.00
39 SPEC PROCTOR TEST EACH 3.00 155.00 0.00 $0.00 1.00 $155.00
SCHEDULE 3.0 - STORM -- TOTAL $142,622.75 $639,511.05
SCHEDULE 4.0 - WATERMAIN
1 2104.509 REMOVE AND REPLACE HYDRANT AND VALVE EACH 15.00 6,765.00 -1.00 ($6,765.00) 11.00 $74,415.00
2 2104.509 REMOVE AND REPLACE BUTTERFLY VALVE EACH 1.00 3,930.00 0.00 $0.00 1.00 $3,930.00
3
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
TOTAL TO DATE THIS PERIOD ORIGINAL CONTRACT
3 2104.509 REMOVE AND REPLACE GATE VALVE EACH 5.00 2,617.00 2.00 $5,234.00 5.00 $13,085.00
4 2104.509 REMOVE HYDRANT EACH 15.00 336.50 0.00 $0.00 15.00 $5,047.50
5 2104.509 REMOVE VALVE EACH 19.00 140.00 0.00 $0.00 19.00 $2,660.00
6 2104.509 REMOVE WATER SERVICE (GRANT/NOBLE) EACH 3.00 285.00 0.00 $0.00 3.00 $855.00
7 2104.603 ABANDON WATERMAIN LF 6,505.00 3.90 0.00 $0.00 6,505.00 $25,369.50
8 2104.603 ABANDON SERVICE LF 2,755.00 0.52 721.00 $374.92 3,105.00 $1,614.60
9 2503.604 4" INSULATION SY 40.00 938.50 0.00 $0.00 78.00 $73,203.00
10 2504.601 TEMPORARY WATER SERVICE LS 1.00 26,660.00 0.00 $0.00 1.00 $26,660.00
11 2504.602 ADJUST VALVE EACH 1.00 345.00 0.00 $0.00 0.00 $0.00
12 2504.602 CONNECT TO EXISTING WATERMAIN EACH 14.00 1,858.00 0.00 $0.00 0.00 $0.00
13 2504.602 INSTALL HYDRANT AND VALVE EACH 15.00 4,937.00 0.00 $0.00 15.00 $74,055.00
14 2504.602 6" GATE VALVE AND BOX EACH 15.00 1,280.00 0.00 $0.00 15.00 $19,200.00
15 2504.602 12" BUTTERFLY VALVE AND BOX EACH 4.00 1,855.00 0.00 $0.00 5.00 $9,275.00
16 2504.602 WATER SERVICE CONNECTION EACH 88.00 604.00 0.00 $0.00 88.00 $53,152.00
17 2504.603 1" WATER SERVICE LF 2,755.00 30.90 0.00 $0.00 3,105.00 $95,944.50
18 2504.603 6" WATERMAIN LF 5,370.00 26.00 0.00 $0.00 4,977.00 $129,402.00
19 2504.603 12" WATERMAIN LF 1,295.00 41.40 0.00 $0.00 1,295.00 $53,613.00
20 SPEC DENSITY TEST EACH 30.00 80.00 0.00 $0.00 0.00 $0.00
21 SPEC PROCTOR TEST EACH 3.00 155.00 0.00 $0.00 0.00 $0.00
SCHEDULE 4.0 - WATERMAIN -- TOTAL -$1,156.08 $661,481.10
SCHEDULE 5.0 - SANITARY SEWER
1 2104.501 REMOVE SEWER PIPE (SANITARY) LF 10.00 15.55 0.00 $0.00 10.00 $155.50
2 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 2.00 180.00 0.00 $0.00 2.00 $360.00
3 2503.603 8" PVC SANITARY SEWER MAIN LF 10.00 61.90 0.00 $0.00 10.00 $619.00
4 2506.522 ADJUST FRAME RING AND CASTING EACH 53.00 885.00 35.00 $30,975.00 53.00 $46,905.00
5 2506.602 ADJUST SANITARY STRUCTURE EACH 15.00 785.00 5.00 $3,925.00 8.00 $6,280.00
SCHEDULE 5.0 - SANITARY SEWER -- TOTAL $34,900.00 $54,319.50
SCHEDULE 6.0 - ASBURY AVENUE
1 2535.501 BITUMINOUS CURB LF 851.00 6.50 0.00 $0.00 1,202.00 $7,813.00
2 2575.604 RESTORATION SY 400.00 11.00 0.00 $0.00 868.00 $9,548.00
SCHEDULE 6.0 - ASBURY AVENUE -- TOTAL $0.00 $17,361.00
ALTERNATE 2.0 - ADDITIONAL WATERMAIN
1 2104.509 REMOVE AND REPLACE HYDRANT AND VALVE EACH -4.00 6,765.00 0.00 $0.00 0.00 $0.00
2 2104.509 REMOVE HYDRANT EACH 4.00 336.50 0.00 $0.00 4.00 $1,346.00
3 2104.509 REMOVE VALVE EACH 1.00 140.00 0.00 $0.00 1.00 $140.00
4 2104.603 ABANDON WATERMAIN LF 2,320.00 3.90 0.00 $0.00 2,320.00 $9,048.00
5 2104.603 ABANDON SERVICE LF 950.00 0.52 0.00 $0.00 283.00 $147.16
6 2504.601 TEMPORARY WATER SERVICE LS 1.00 9,266.00 0.00 $0.00 0.30 $2,779.80
7 2504.602 ADJUST VALVE EACH -1.00 345.00 0.00 $0.00 0.00 $0.00
8 2504.602 CONNECT TO EXISTING WATERMAIN EACH -10.00 1,858.00 0.00 $0.00 1.00 $1,858.00
9 2504.602 INSTALL HYDRANT AND VALVE EACH 4.00 4,937.00 0.00 $0.00 4.00 $19,748.00
10 2504.602 8" GATE VALVE AND BOX EACH 1.00 1,710.00 0.00 $0.00 0.00 $0.00
11 2504.602 WATER SERVICE CONNECTION EACH 34.00 604.00 0.00 $0.00 34.00 $20,536.00
12 2504.603 1" WATER SERVICE LF 950.00 30.90 0.00 $0.00 950.00 $29,355.00
13 2504.603 6" WATERMAIN LF 1,920.00 26.00 0.00 $0.00 1,920.00 $49,920.00
14 2504.603 12" WATERMAIN LF 400.00 41.40 0.00 $0.00 390.00 $16,146.00
ALTERNATE 2.0 - ADDITIONAL WATERMAIN -- TOTAL $0.00 $151,023.96
4
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
TOTAL TO DATE THIS PERIOD ORIGINAL CONTRACT
CHANGE ORDER
1 2575.604 SEEDING (TYPE 25-151, MULCH TYPE 8) - NOBLE/GRANT SY 1,000.00 1.80 1,014.00 $1,825.20 1,014.00 $1,825.20
2 2575.604 SEEDING (TYPE 25-151, MULCH TYPE 8) - VENUS/CRYSTAL SY 20,300.00 1.80 23,812.00 $42,861.60 23,812.00 $42,861.60
CHANGE ORDER -- TOTAL $44,686.80 $44,686.80
BID SUMMARY
SCHEDULE 1.0 - STREET (GRANT/NOBLE) -- TOTAL $197,991.14 $616,253.51
SCHEDULE 2.0 - STREET (VENUS/CRYSTAL) -- TOTAL $542,393.40 $1,526,671.40
SCHEDULE 3.0 - STORM -- TOTAL $142,622.75 $639,511.05
SCHEDULE 4.0 - WATERMAIN -- TOTAL -$1,156.08 $661,481.10
SCHEDULE 5.0 - SANITARY SEWER -- TOTAL $34,900.00 $54,319.50
SCHEDULE 6.0 - ASBURY AVENUE -- TOTAL $0.00 $17,361.00
ALTERNATE 2.0 - ADDITIONAL WATERMAIN -- TOTAL $0.00 $151,023.96
CHANGE ORDER -- TOTAL $44,686.80 $44,686.80
TOTAL BID SUMMARY THIS PERIOD $961,438.01
TOTAL BID SUMMARY TO DATE $3,711,308.32
AMOUNT EARNED
AMOUNT RETAINED
MATERIAL ON SITE
MATERIAL DEDUCT.
PREVIOUS PAYMENTS
AMOUNT DUE
$0.00
TOTAL TO DATE
$3,711,308.32
THIS PERIOD TOTAL TO DATE
$185,565.42
$913,366.11
$0.00
$2,612,376.79
$913,366.11
TOTAL THIS PERIOD
$961,438.01
$48,071.90
$0.00
$0.00
**********************************
5
GENERAL CONDITIONS 00700 - 2
CHANGE ORDER #2
(Attachment)
This contract is amended as follows:
WHEREAS: Type 5 Mulch was originally specified as part of the residential yard restoration
WHEREAS: It was determined that due to the amount of rain being received and due to the
slope of the yards the Mulch should be revised to Type 8; and
WHEREAS: The Engineer directed the Contractor to make the modification to Type 8 Mulch
as part of the restoration for the Venus/Crystal neighborhood and Lake Lane.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor shall complete the above described changes and additions to the project.
2. Payment for the work was reviewed and approved by the Engineer.
3. The Contractor will not make claim of any kind or character for any other costs or
expenses that he may have incurred or that he may hereafter incur in performing the
work or furnishing the materials of this agreement.
10062 Flanders Court NE, Blaine, MN 55449 - Phone: (763) 780-0450 - Fax: (763) 780-0452
November 23, 2015
File No. 170025E-0071
Honorable Mayor and City Council
City of Arden Hills
1245 Highway 96 W
Arden Hills, MN 55112
RE: 2015 PMP IMPROVEMENTS PROJECT
PARTIAL PAY ESTIMATE #6, CHANGE ORDER #2
Dear Council Members:
Please find attached 3 copies of Partial Pay Estimate No. 6 for the above-referenced
project. As you are aware, the Contractor for the project is Valley Paving, Inc. The total
amount earned by the Contractor on this partial pay estimate is $3,711,308.32.
Subtracting 5% retainage of $185,565.42 and previous payments in the amount of
$2,612,376.79, the amount due the Contractor is $913,366.11.
Please also find attached Change Order Number 2. This change order revises the
seeding price from $1.28 to $1.80 per square yard due to a change in the specified
mulch type. It was determined that with the heavy rains that we were experiencing this
year that the mulch was washing away during rain events. A change was made to a
different, thicker mulch type to aid in grass establishment. This revised mulch was
utilized in the Venus/Crystal neighborhood and on Lake Lane.
This pay estimate includes payment for the construction of Lake Lane and the wear
course paving in the entire Grant/Noble neighborhood. It also includes payment for
concrete placement, street construction, and utility installation in the Venus/Crystal
neighborhood. We have inspected the work performed by Valley Paving, Inc. and find it
to be in compliance with the plans, specifications, and contract documents. Therefore
we would recommend approval of Partial Pay Estimate No. 6 in the amount of
$913,366.11.
If you have any questions regarding this issue please feel free to call.
Sincerely,
ELFERING & ASSOCIATES
Kristie Elfering, P.E.
Project Engineer
cc: John Anderson, Interim Public Works Director
Page 1 of 2
DATE: November 30, 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 #2
Requested Action
Approve Payment #2 to Hydro Klean, LLC in the amount of $383,277.89 for the 2015 Sanitary
Sewer Lining.
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 second 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
$383,277.89 Major items of work for this payment are:
Sewer lining in the base bid
Sewer lining in alternate B, C, D, and E areas
CONSENT ITEM – 6E
MEMORANDUM
Page 2 of 2
Financial Implications
The following breakdown shows the funding sources and the amounts for Payment #2
Funding Source Amount
Surface Water Management $ 9,399.30
Sanitary Sewer Utility $373,878.59
Total $383,277.89
Attachments
Attachment A: Payment Estimate #2
PARTIAL PAY ESTIMATE #2
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 1,876.00 $109,183.20 1,876.00 $109,183.20
2 15 INCH - CIPP LINING LF 3,044.00 43.70 2,518.00 $110,036.60 2,518.00 $110,036.60
3 12 INCH - CIPP LINING LF 557.00 36.70 554.00 $20,331.80 554.00 $20,331.80
4 REOPEN SERVICE EA 31.00 75.00 29.00 $2,175.00 29.00 $2,175.00
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 $241,726.60 $241,726.60
SCHEDULE 2.0 - BASE BID MANHOLE SEALING
1 SEAL MANHOLE HR 45.00 225.00 0.00 $0.00 7.80 $1,755.00
2 MANHOLE GROUT GAL 300.00 15.00 0.00 $0.00 38.00 $570.00
SCHEDULE 2.0 - BASE BID MANHOLE SEALING -- TOTAL $0.00 $2,325.00
SCHEDULE 3.0 - ALTERNATE A BID SEWER LINING
1 8 INCH - CIPP LINING LF 1,211.00 27.60 0.00 $0.00 1,316.00 $36,321.60
2 REOPEN SERVICE EA 10.00 75.00 0.00 $0.00 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 $0.00 $36,996.60
SCHEDULE 4.0 - ALTERNATE B BID SEWER LINING
1 12 INCH - CIPP LINING LF 980.00 36.70 755.00 $27,708.50 990.00 $36,333.00
2 8 INCH - CIPP LINING LF 530.00 27.60 259.00 $7,148.40 567.00 $15,649.20
3 REOPEN SERVICE EA 5.00 75.00 3.00 $225.00 8.00 $600.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 4.0 - ALTERNATE B BID -- TOTAL $35,081.90 $52,582.20
SCHEDULE 5.0 - ALTERNATE C BID SEWER LINING
1 15 INCH - CIPP LINING LF 1,346.00 43.70 1,304.00 $56,984.80 1,304.00 $56,984.80
2 12 INCH - CIPP LINING LF 116.00 36.70 121.00 $4,440.70 121.00 $4,440.70
3 REOPEN SERVICE EA 4.00 75.00 3.00 $225.00 3.00 $225.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 1.00 $250.00 1.00 $250.00
5 SEAL MANHOLE HR 35.00 225.00 0.00 $0.00 0.70 $157.50
6 MANHOLE GROUT GAL 140.00 15.00 0.00 $0.00 3.00 $45.00
SCHEDULE 5.0 - ALTERNATE C BID -- TOTAL $61,900.50 $62,103.00
SCHEDULE 6.0 - ALTERNATE D BID SEWER LINING
1 10 INCH - CIPP LINING LF 841.00 32.40 820.00 $26,568.00 820.00 $26,568.00
2 8 INCH - CIPP LINING LF 1,075.00 27.60 18.00 $496.80 274.00 $7,562.40
TOTAL TO DATE
ORIGINAL:
REVISED:
ORIGINAL CONTRACT
October 2,2015
November 13, 2015
2015 SANITARY SEWER LINING
THIS PERIOD
1
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
TOTAL TO DATE ORIGINAL CONTRACT THIS PERIOD
3 REOPEN SERVICE EA 15.00 75.00 7.00 $525.00 8.00 $600.00
4 REMOVE PROTRUDING TAP HR 1.00 250.00 0.00 $0.00 0.00 $0.00
SCHEDULE 6.0 - ALTERNATE D BID -- TOTAL $27,589.80 $34,730.40
SCHEDULE 7.0 - ALTERNATE E BID SEWER LINING
1 18 INCH - CIPP LINING LF 164.00 58.20 170.00 $9,894.00 170.00 $9,894.00
SCHEDULE 7.0 - ALTERNATE E BID -- TOTAL $9,894.00 $9,894.00
CHANGE ORDER 1.0
1 9.25 INCH - CIPP LINING LF 205.00 34.27 606.00 $20,767.62 606.00 $20,767.62
2 7.25 INCH - CIPP LINING LF 225.00 29.50 220.00 $6,490.00 220.00 $6,490.00
3 INSTALL CASTINGS HR 3.00 225.00 0.00 $0.00 0.00 $0.00
CHANGE ORDER 1.0 -- TOTAL $27,257.62 $27,257.62
BID SUMMARY
SCHEDULE 1.0 - BASE BID SEWER LINING -- TOTAL $241,726.60 $241,726.60
SCHEDULE 2.0 - BASE BID MANHOLE SEALING -- TOTAL $0.00 $2,325.00
SCHEDULE 3.0 - ALTERNATE A BID-- TOTAL $0.00 $36,996.60
SCHEDULE 4.0 - ALTERNATE B BID -- TOTAL $35,081.90 $52,582.20
SCHEDULE 5.0 - ALTERNATE C BID -- TOTAL $61,900.50 $62,103.00
SCHEDULE 6.0 - ALTERNATE D BID -- TOTAL $27,589.80 $34,730.40
SCHEDULE 7.0 - ALTERNATE E BID -- TOTAL $9,894.00 $9,894.00
CHANGE ORDER 1.0 -- TOTAL $27,257.62 $27,257.62
TOTAL BID SUMMARY THIS PERIOD $403,450.42
TOTAL BID SUMMARY TO DATE $467,615.42
AMOUNT EARNED
AMOUNT RETAINED
MATERIAL ON SITE
MATERIAL DEDUCT.
PREVIOUS PAYMENTS
AMOUNT DUE
$0.00
TOTAL TO DATE
$467,615.42
THIS PERIOD TOTAL TO DATE
$23,380.77
$383,277.89
$0.00
$60,956.75
$383,277.89
TOTAL THIS PERIOD
$403,450.42
$20,172.52
$0.00
$0.00
**********************************
2
Page 1 of 1
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Susan Iverson, Acting City Administrator
FROM: John Anderson, Acting Public Works Director
SUBJECT: Round Lake Road Area Improvement - Payment #10
Requested Action
Approve Payment #10 to Meyer Contracting, Inc., in the amount of $24,063.55 for the Round
Lake Road Area Improvement.
Background
The City Council awarded the Round Lake Road Area Improvement to Meyer Contracting, Inc.,
on May 12, 2014, in the amount of $1,766,605.41.
Discussion
This tenth pay request includes work through September 25, 2015. Five percent is being
withheld from the work completed according to the contract documents. The payment is in the
amount of $24,063.55.
Financial Implications
The following breakdown shows the funding sources and the amounts for Payment #10
Funding Source Amount
Municipal State Aid/TIF $ 16,507.59
Surface Water Management $ 3,753.91
Water Utility Fund $ 3,802.05
Total $ 24,063.55
Attachments
Attachment A: Payment Estimate #10
CONSENT ITEM – 6F
f MEMORANDUM
PARTIAL PAY ESTIMATE #10
FROM:
TO:
CONTRACTOR: MEYER CONTRACTING
ADDRESS: 11000 93RD AVENUE N, MAPLE GROVE, MN 55369
OWNER: CITY OF ARDEN HILLS
PROJECT:
SUBSTANTIAL COMPLETION DATE AMOUNT OF CONTRACT
November 14, 2014 ORIGINAL: 1,766,605.41 $
REVISED: 1,821,782.31 $
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
SCHEDULE 1.0 - STREET
1 2021.501 MOBILIZATION LS 1.00 78,000.00 0.00 $0.00 1.00 $78,000.00
2 2101.502 CLEARING TREE 44.00 130.00 0.00 $0.00 46.00 $5,980.00
3 2101.507 GRUBBING TREE 44.00 179.00 0.00 $0.00 46.00 $8,234.00
4 2104.501 REMOVE SEWER PIPE (STORM) LF 620.00 15.00 0.00 $0.00 771.00 $11,565.00
5 2104.501 REMOVE CONCRETE CURB AND GUTTER LF 1,650.00 3.20 0.00 $0.00 1,792.00 $5,734.40
6 2104.501 REMOVE FENCE LF 2,600.00 2.80 0.00 $0.00 2,510.00 $7,028.00
7 2104.503 REMOVE RETAINING WALL SF 1,000.00 2.40 0.00 $0.00 602.00 $1,444.80
8 2104.503 REMOVE RIP RAP SF 1,650.00 1.10 0.00 $0.00 982.00 $1,080.20
9 2104.505 REMOVE CONCRETE PAVEMENT SY 1,520.00 3.90 0.00 $0.00 348.00 $1,357.20
10 2104.505 REMOVE BITUMINOUS PAVEMENT SY 11,000.00 3.20 0.00 $0.00 11,560.00 $36,992.00
11 2104.509 REMOVE DRAINAGE STRUCTURE EACH 2.00 325.50 0.00 $0.00 3.00 $976.50
12 2104.509 REMOVE SIGN EACH 14.00 35.00 0.00 $0.00 8.00 $280.00
13 2104.511 SAW CUT CONCRETE (FULL DEPTH) LF 45.00 6.00 0.00 $0.00 45.00 $270.00
14 2104.513 SAW CUT BITUMINOUS (FULL DEPTH) LF 300.00 2.10 0.00 $0.00 300.00 $630.00
15 2105.501 COMMON EXCAVATION (P) CY 10,225.45 10.90 0.00 $0.00 10,225.45 $111,457.41
16 2105.522 SELECT GRANULAR BORROW (CV) CY 9,170.00 17.00 0.00 $0.00 9,071.00 $154,207.00
17 2105.541 SALVAGE TOPSOIL (EV) CY 2,500.00 11.75 0.00 $0.00 2,500.00 $29,375.00
18 2105.604 GEOTEXTILE FABRIC TYPE V SY 16,100.00 1.30 0.00 $0.00 16,635.00 $21,625.50
19 2511.607 CALCIUM CHLORIDE SOLUTION GAL 1,000.00 1.90 0.00 $0.00 0.00 $0.00
20 2211.501 AGGREGATE BASE, CLASS 7 TON 10,400.00 9.50 0.00 $0.00 9,754.80 $92,670.60
21 2211.501 AGGREGATE BASE, CLASS 7 (TRAIL) TON 1,500.00 18.00 0.00 $0.00 1,684.00 $30,312.00
22 2504.602 MILL BITUMINOUS PAVEMENT SY 7,900.00 1.90 0.00 $0.00 7,855.00 $14,924.50
23 2350.501 TYPE SP 12.5 WEARING COURSE MIXTURE TON 2,650.00 56.65 0.00 $0.00 2,424.06 $137,323.00
24 2350.501 TYPE SP 9.5 WEARING COURSE MIXTURE (TRAIL) TON 290.00 82.40 0.00 $0.00 329.93 $27,186.23
25 2350.501 TYPE SP 12.5 NONWEARING COURSE MIXTURE TON 3,400.00 56.30 56.19 $3,163.50 3,443.34 $193,860.04
26 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 12,620.00 0.01 0.00 $0.00 850.00 $8.50
27 2502.541 4-INCH PERF TP PIPE DRAIN W/SOCK LF 5,200.00 3.30 0.00 $0.00 6,338.00 $20,915.40
28 2504.602 ADJUST VALVE EACH 4.00 318.50 0.00 $0.00 4.00 $1,274.00
29 2506.522 ADJUST FRAME RING AND CASTING EACH 5.00 334.00 0.00 $0.00 5.00 $1,670.00
30 2521.511 6" CONCRETE WALK SF 1,925.00 5.90 0.00 $0.00 2,154.00 $12,708.60
31 2531.501 CONCRETE CURB & GUTTER B618 LF 6,135.00 9.00 285.00 $2,565.00 6,278.00 $56,502.00
32 2531.503 CONCRETE MEDIAN (NOSE) SY 10.00 54.50 0.00 $0.00 15.00 $817.50
33 2531.604 7" CONCRETE VALLEY GUTTER SY 95.00 48.50 24.00 $1,164.00 95.00 $4,607.50
34 2531.618 TRUNCATED DOMES SF 36.00 30.25 0.00 $0.00 72.00 $2,178.00
35 2557.501 WIRE FENCE DESIGN 48-9322 LF 2,600.00 11.75 0.00 $0.00 2,450.00 $28,787.50
36 2563.601 TRAFFIC CONTROL LS 1.00 3,400.00 0.00 $0.00 1.00 $3,400.00
37 2564.531 F & I SIGN PANEL SF 136.00 25.00 0.00 $0.00 160.25 $4,006.25
38 2564.602 F & I SIGN POST EACH 17.00 75.00 0.00 $0.00 21.00 $1,575.00
39 2573.502 SILT FENCE TYPE MACHINE SLICED LF 6,435.00 1.50 0.00 $0.00 6,002.00 $9,003.00
40 2573.52 SEDIMENT REMOVAL BACKHOE HR 40.00 199.00 0.00 $0.00 2.00 $398.00
41 2573.53 INLET PROTECTION (WIMCO) EACH 21.00 326.00 0.00 $0.00 31.00 $10,106.00
42 2573.53 INLET PROTECTION (STRUCTURE W/O CASTING) EACH 21.00 326.00 0.00 $0.00 19.00 $6,194.00
ORIGINAL:
REVISED:
ORIGINAL CONTRACT
July 25, 2015
September 25, 2015
ROUND LAKE ROAD IMPROVEMENTS PROJECT
THIS PERIOD TOTAL TO DATE
1
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
ORIGINAL CONTRACT THIS PERIOD TOTAL TO DATE
43 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2.00 867.00 0.00 $0.00 2.00 $1,734.00
44 2573.602 INLET SEDIMENT REMOVAL EACH 60.00 200.00 89.00 $17,800.00 149.00 $29,800.00
45 2573.607 ROADWAY ROCK CHECK DAM CY 45.00 62.50 0.00 $0.00 2.00 $125.00
46 2575.541 MOWING ACRE 1.32 1,140.00 0.00 $0.00 1.32 $1,504.80
47 2575.57 RAPID STABILIZATION METHOD 2 ACRE 2.00 1,950.00 0.00 $0.00 2.50 $4,875.00
48 2575.604 SEEDING (TYPE 25-151) SY 22,920.00 0.95 0.00 $0.00 14,544.00 $13,816.80
49 2575.604 SEEDING (TYPE 33-261) SY 6,400.00 1.40 0.00 $0.00 789.00 $1,104.60
50 2582.501 PAVT MSSG (LT SYMBOL) EPOXY EACH 39.00 75.00 0.00 $0.00 35.00 $2,625.00
51 2582.501 PAVT MSSG (RT SYMBOL) EPOXY EACH 2.00 75.00 0.00 $0.00 0.00 $0.00
52 2582.501 PAVT MSSG (LT SYMBOL) PAINT EACH 39.00 22.00 0.00 $0.00 0.00 $0.00
53 2582.501 PAVT MSSG (RT SYMBOL) PAINT EACH 2.00 22.00 0.00 $0.00 0.00 $0.00
54 2582.502 4" SOLID LINE WHITE - EPOXY LF 6,160.00 0.20 0.00 $0.00 10,899.00 $2,179.80
55 2582.502 4" BROKEN LINE YELLOW - EPOXY LF 1,225.00 0.25 0.00 $0.00 1,513.00 $378.25
56 2582.502 4" SOLID LINE YELLOW - EPOXY LF 4,850.00 0.25 0.00 $0.00 5,060.00 $1,265.00
57 2582.502 4" SOLID LINE WHITE - PAINT LF 6,160.00 0.20 0.00 $0.00 0.00 $0.00
58 2582.502 4" BROKEN LINE YELLOW - PAINT LF 1,225.00 0.25 0.00 $0.00 0.00 $0.00
59 2582.502 4" SOLID LINE YELLOW - PAINT LF 4,850.00 0.25 0.00 $0.00 0.00 $0.00
SCHEDULE 1.0 - STREET -- TOTAL $24,692.50 $1,196,072.88
SCHEDULE 2.0 - STORM SEWER
1 2503.511 8" PVC STORM SEWER LF 460.00 20.50 31.10 $637.55 495.10 $10,149.55
2 2503.511 12" HDPE STORM SEWER LF 567.00 22.75 0.00 $0.00 607.00 $13,809.25
3 2503.511 15" HDPE STORM SEWER LF 1,772.00 28.25 0.00 $0.00 1,763.00 $49,804.75
4 2503.541 18" HDPE STORM SEWER LF 995.00 35.50 0.00 $0.00 992.00 $35,216.00
5 2503.541 21" HDPE STORM SEWER LF 170.00 54.00 0.00 $0.00 0.00 $0.00
6 2503.541 24" HDPE STORM SEWER LF 499.00 43.75 0.00 $0.00 665.00 $29,093.75
7 2503.601 STORM SEWER SYSTEM (UNDERGROUND) LS 1.00 48,000.00 0.00 $0.00 1.00 $48,000.00
8 2503.602 CONNECT TO EXISTING STORM SEWER EACH 6.00 470.00 0.00 $0.00 7.00 $3,290.00
9 2503.602 CONNECT TO EXISTING STORM STRUCTURE EACH 2.00 683.50 0.00 $0.00 2.00 $1,367.00
10 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC (27") EACH 7.00 1,955.00 0.00 $0.00 1.00 $1,955.00
11 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 24"X36" EACH 6.00 2,678.00 0.00 $0.00 6.00 $16,068.00
12 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC (OUTLET) EACH 2.00 3,581.00 0.00 $0.00 2.00 $7,162.00
13 2506.502 CONST DRAINAGE STRUCTURE DESIGN 48-4020 EACH 15.00 2,803.00 0.00 $0.00 21.00 $58,863.00
14 2506.502 CONST DRAINAGE STRUCTURE DESIGN 54-4020 EACH 1.00 4,104.00 0.00 $0.00 1.00 $4,104.00
15 2506.602 ADJUST DRAINAGE STRUCTURE EACH 1.00 2,397.00 0.00 $0.00 0.00 $0.00
SCHEDULE 2.0 - STORM -- TOTAL $637.55 $278,882.30
SCHEDULE 3.0 - WATERMAIN
1 2104.509 REMOVE HYDRANT EACH 4.00 457.50 0.00 $0.00 4.00 $1,830.00
2 2104.509 REMOVE VALVE EACH 6.00 305.00 0.00 $0.00 6.00 $1,830.00
3 2104.603 ABANDON WATERMAIN LF 2,680.00 1.90 0.00 $0.00 2,645.90 $5,027.21
4 2504.602 WET TAP W VALVE (12" X 12") EACH 1.00 4,085.00 0.00 $0.00 1.00 $4,085.00
5 2504.602 CONNECT TO EXISTING WATERMAIN (6") EACH 1.00 1,771.00 0.00 $0.00 0.00 $0.00
6 2504.602 CONNECT TO EXISTING WATERMAIN (8") EACH 4.00 1,824.00 0.00 $0.00 5.00 $9,120.00
7 2504.602 CONNECT TO EXISTING WATERMAIN (12") EACH 2.00 3,668.00 0.00 $0.00 2.00 $7,336.00
8 2504.602 INSTALL HYDRANT AND VALVE EACH 4.00 6,584.00 0.00 $0.00 4.79 $31,557.11
9 2504.602 6" GATE VALVE AND BOX EACH 1.00 2,017.00 0.00 $0.00 1.00 $2,017.00
10 2504.602 8" GATE VALVE AND BOX EACH 3.00 2,581.00 0.00 $0.00 4.00 $10,324.00
2
ITEM
NO. ITEM DESCRIPTION UNIT QTY. UNIT PRICE QTY. TOTAL PRICE QTY. TOTAL PRICE
ORIGINAL CONTRACT THIS PERIOD TOTAL TO DATE
11 2504.602 12" BUTTERFLY VALVE AND BOX EACH 2.00 2,733.00 0.00 $0.00 3.00 $8,199.00
12 2504.603 6" WATERMAIN LF 180.00 46.75 0.00 $0.00 175.00 $8,181.25
13 2504.603 8" WATERMAIN LF 180.00 51.75 0.00 $0.00 133.00 $6,882.75
14 2504.603 12" WATERMAIN LF 2,675.00 71.00 0.00 $0.00 2,675.00 $189,925.00
SCHEDULE 3.0 - WATERMAIN -- TOTAL $0.00 $286,314.32
SCHEDULE 4.0 - CHANGE ORDER
1 SPEC CHANGE ORDER NUMBER 1 - ELECTROFUSION COUPLINGS EA 1.00 23,141.93 0.00 $0.00 1.00 $23,141.93
2 SPEC CHANGE ORDER NUMBER 2 - STORM SEWER EA 1.00 29,996.78 0.00 $0.00 1.00 $29,996.78
3 2557.513 WORK ORDER NUMBER 2- GATE EA 1.00 2,098.80 0.00 $0.00 1.00 $2,098.80
SCHEDULE 4.0 - CHANGE ORDER -- TOTAL $0.00 $55,237.51
SCHEDULE 5.0 - DEDUCT
1 SPEC BITUMINOUS BASE DEDUCT TON 385.00 -28.15 0.00 $0.00 385.00 ($10,837.75)
SCHEDULE 5.0 - DEDUCT -- TOTAL $0.00 ($10,837.75)
BID SUMMARY
SCHEDULE 1.0 - STREET -- TOTAL $24,692.50 $1,196,072.88
SCHEDULE 2.0 - STORM -- TOTAL $637.55 $278,882.30
SCHEDULE 3.0 - WATERMAIN -- TOTAL $0.00 $286,314.32
SCHEDULE 4.0 - CHANGE ORDER -- TOTAL $0.00 $55,237.51
SCHEDULE 5.0 - DEDUCT -- TOTAL $0.00 -$10,837.75
TOTAL BID SUMMARY THIS PERIOD $25,330.05
TOTAL BID SUMMARY TO DATE $1,805,669.26
AMOUNT EARNED
AMOUNT RETAINED
MATERIAL ON SITE
MATERIAL DEDUCT.
PREVIOUS PAYMENTS
AMOUNT DUE
TOTAL THIS PERIOD
$25,330.05
$1,266.50
$0.00
$0.00
**********************************
$24,063.55
$0.00
$1,691,322.26
$24,063.55
$0.00
TOTAL TO DATE
$1,805,669.26
THIS PERIOD TOTAL TO DATE
$90,283.45
3
CONSENT ITEM – 6G
MEMORANDUM
DATE: November 30, 2015
TO: Mayor and Councilmembers
Sue Iverson, Acting City Administrator
FROM: Amy Dietl, City Clerk
SUBJECT: Acknowledgment for Catholic United Financial to Hold a Raffle
Background:
The City has received a request from Catholic United Financial for authorization to hold a raffle
to benefit Catholic education in Minnesota, North Dakota and South Dakota. According to
Minnesota’s Lawful Gambling regulations, they are required to obtain acknowledgment from the
City they are located in. This does not require a permit or license from the City as it is not a
premise permit.
As part of the requirement of LG220 Application for Exempt Permit, the City must acknowledge
the application with no waiting period, with a 30 day waiting period, or deny the application. The
date of the drawing for this raffle is March 10, 2016.
Staff Recommendation:
Staff does not see any reason to impose a 30 day waiting period on this application. Staff
recommends the City Council approve a motion acknowledging the application of Catholic
United Financial for an Exempt Permit to conduct a raffle with a drawing date of March 10,
2016, with no waiting period.
Attachments:
Attachment A: Letter from Catholic United Financial
Attachment B: Catholic United Financial LG220 permit application
Attachment C: Statement of Nonprofit Status
Catholic United
Financial *?'
November 12, 2015
City of Arden Hills
Attn: Amy Dietl
1245 West Highway 96
Arden Hills, MN 55112
RE: Form LG220: Application for Exempt Permit X-93077
2016 Catholic United Financial Catholic Schools Raffle
Date of Drawing: March 10, 2016
Dear Ms. Dietl:
Catholic United Financial is seeking a charitable gambling permit for its annual raffle to benefit
Catholic education in Minnesota,North Dakota and South Dakota.
Enclosed is Form LG220 as required by the Minnesota Gambling Control Board (MGCB), along
with the $50.00 permit fee. Please place our request on the docket for the Arden Hills City
Council's consideration at its next meeting. I understand that you will forward our application to
the MGCB once it has been approved by the Arden Hills City Council.
Thank you for your consideration. Please let me know if you have additional questions or
concerns.
Sincerely,
Paul A. Lindemann, CLU, FLMI, ACS, AIRC
Compliance Manager
Enclosures
Formerly Catholic Aid Association
3499 Lexington Avenue North, St. Paul MN 55126 • (651) 490-0170 Toll-Free 1-800-568-6670 www.catholicunitedfinancial.org
MINNESOTA LAWFUL GAMBLING 5/15
LG220 Application for Exempt Permit Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name:Catholic United Financial - St. Jude of the Lake Council_ Permit Number: _X-93077-15-003
Minnesota Tax ID Federal Employer ID
Number, if any: 4487032 Number(FEIN), if any: 41-0182070
Mailing
Address: c/o Catholic United Financial, 3499 Lexington Ave. N.
City: Arden Hills State: MN _Zip; 55126 County: Ramsey
Name of Chief Executive Officer (CEO): Bonnie Westberg
Daytime Phone: (612) 418-6206 Email: bonjim@hotmail.com
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
a Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
F17 I IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS-Affiliate of national,statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
for raffles, list the site where the drawing will take place): _ Catholic United Financial (Home Office)
Address (do not use P.O. box): 3499 Lexington Ave. N.
City or
Township: Arden Hills Zip: 55126_County: Ramsey
Date(s) of activity (for raffles,
indicate the date of the drawing): March 10, 2016
Check each type of gambling activity that your organization will conduct:
Bingo* =Paddlewheels* Pull-Tabs* =Tipboards*
Raffle (total value of raffle prizes awarded for the calendar year: $45,000.00
Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by
the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on
Distributors under LIST OF LICENSEES, or call 651-539-1900.
5/15
LG220 Application for Exempt Permit Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
The application is acknowledged with no waiting period. ___The application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
60 days for a 1st class city). 30 days.
The application is denied. The application is denied.
Print City Name: Print County Name:
Signature of City Personnel: Signature of County Personnel:
Title:Date: Title:__ Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the
deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned t ar ithin of the event date.
Chief Executive Officer's Signature: a+— Date:
Signature must be CEO's signatur designee may not sign)
Print Name: Bonnie Westberg
JJ
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and
all gambling conducted on one day.application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form (and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however,if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members,Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format (i.e. large print, braille) upon request.
y 1RI rnternalDepartmR ve u
Trey
cn
1 .J Internal P.evcnue Service
OGDEN, UT 84201 Page 1 of 1
LTR 11690 E
AUG. 15, 2011
41-0182070
CATHOLIC UNITED FINANCIAL
3499 LEXINGTON AVE N
SAINT PAUL, MN 55126-7055996
00005
Taxpayer Identification Number: 41-0182070
GEN Number: 0263
Name of Organization: CATHOLIC UNITED FINANCIAL
Tax Period Ending: DEC. 31, 2011
Form: SGRI
Dear Taxpayer:
Thank you for sending the annual supplemental information about your subordinate
organizations as required by Revenue Procedure 80-2r to keep the tax exempt status
for your group.
We have made the requested changes to your exemption roster. No father information
is needed.
If you have any questions, please write to us at the address shown at the top of the this
letter. Or, you may call us at(801) 620-6019 . If this number is outside your local calling
area, there will be a long-distance charge to you.
Whenever you write, please include this letter and; in the spaces below, give us your
telephone number with the hours we can reach you. Also, you may want to keep a copy
of this letter for your records.
Telephone Number ( ) Hours
We apologize for any inconvenience we have caused you, and thank you for your cooperation.
Sincerely yours,
Exempt Organizations
Entity Department
Enclosures
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Sue Iverson, Acting City Administrator
SUBJECT: Approve Resolution No. 2015-049 Appointing Liz Johnson to serve on
the Economic Development Commission for a term expiring December 31,
2018
Background
The Economic Development Commission (EDC) currently has six members. The guidelines state
that this committee can have up to nine members, four of which must be residents of Arden
Hills.
Staff recently received an application from Arden Hills’ resident Liz Johnson. An interview
panel consisting of EDC Chair Steve Heikkila, Mayor Grant, Council liaison Brenda Holden, and
staff liaison Jill Hutmacher interviewed Ms. Johnson on Thursday, November 12th.
After completing the interview, Mayor Grant recommends appointing Ms. Johnson to the EDC
for a three-year term expiring on December 31, 2018.
Recommended Action
Motion to approve Resolution No. 2015-049: Appointing Liz Johnson to the Economic
Development Commission (EDC) for a term expiring December 31, 2018.
Attachments
Attachment A: Resolution 2015-049
Attachment B: Liz Johnson Application
CONSENT ITEM – 6H
MEMORANDUM
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2015-049
A RESOLUTION APPOINTING LIZ JOHNSON TO THE
ECONOMIC DEVELOPMENT COMMISSION (EDC) FOR A TERM
EXPIRING DECEMBER 31, 2018
WHEREAS, the City Council appoints residents to serve in an advisory capacity to the
City Council regarding economic development issues;
THEREFORE, BE IT RESOLVED: The City Council appoints Liz Johnson to serve
on the EDC for a term expiring on December 31, 2018.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS
30TH DAY OF NOVEMBER, 2015
_________________________________________
David Grant, Mayor
ATTEST:
_______________________________________
Amy Dietl, City Clerk
Liz Johnson
1525 Glenhill Rd
Arden Hills,MN 55112
651-238-4733
liz(o)tchousetohome.com
October 23,2015
To Whom It May Concern,
I had the opportunity to attend a meeting last month to get an update on Arden Hills
Planning and Development. During that meeting I was able to meet several members of
the Economic Development Committee and they explained some of the goals they were
working toward.
It,is exciting for me to learn and understand how a city grows and develops. I would like
to be a part of making our city a welcoming place for both businesses and home owners.
I am sure that there are many parts to the process that I do not have knowledge of at this
point but I would love to learn each part and figure out how I can help move our city in a
successful direction and of coarse have some fun along the way!
Sincerely yours,
ezVon
Resident of Arden Hills
Real Estate Agent with Re/Max Results
Print
City Commission/Committee Application Form - Submission #678
Date Submitted: 10/23/2015
Last Name First Name` Middle Initial
Johnson Liz
Addressl Address2
1525 Glenhill Road
City- State' Zip`
Arden Hills MN 55112
Home Number Home Fax Work Number, Work Fax
651-238-4733
Email Address
liz@tchousetohome.com
If you wish to be considered for more than one committee, please order in number of
preference.
1st Choice i 2nd Choice} 3rd Choice*
Economic Development Commis: Planning Commission Parks, Trails, & Recreation Comr
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*
I am interested in what makes our city so wonderful to live and work in! I am always looking for ways to
help people see the value in Arden Hills.
List any Civic, Professional,and Community Activity involvement.
Arden Hills No 3 Association-Treasurer
Women's Council of Realtors-VP Membership
Valentine Hills Snack Pack-Help organize and raise funds for the program
Hope Community Church -Governance Team
Hope Academy(Phillips Neighborhood in Mpls)- High School Mentor
Why do you want to be on a committee?`
I would like to be on a team that is helping this city grow an develop, to attract a variety of businesses that would not only
provide a good tax base for our city but also serve the Arden Hills residents well. I would like to come up with solutions on
how to honor the businesses that have been with us for a long time as well as welcome new business into the area. I am
looking forward to learning how a city evolves and changes throughout economic highs and lows.
What skills, strengths, or abilities do you believe you will add to the committee?-
I am an active member of the community as a resident with a child in the school system at Valentine Hills and also as a
business owner(Liz Johnson Real Estate LLC). I help people buy and sell homes in the area. This gives me a good idea of
what people are looking for as they buy a home for the first time in our community or as they want to age in place in our
community in their single family home/condo/TH or in a senior living facility. I would be honored to be a part of helping to
make this city even more attractive to our businesses and residents.
List any additional comments:
References
1. Name' Address Phone Number
Upload Letter of Interest" Upload Resume"
15-10-23 letter of intent for Arden Hills.pdf Apply for Arden Hills Volunteer.pdf
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.
LIZ JOHNSON
651-238-4733 Profile
liz@tchousetohome.com My experience in Real Estate Sale in the Twin Cities and growing a small property
management business throughout the Twin Cities metro areas gives me a good idea
1525 Glenhill Rd of what people are concerned with as they look for a location for their business or a
Arden Hills, MN location to serve as a personal residence.
55112
Experience
Real Estate Agent, Re/Max Results, Shoreview, MN — 2013-Present
Currently building a broad client base through lead generation and on-going referral
repeat business. Assisting clients with home sale or purchase.
Real Estate Agent, PRO Realty Services, Shoreview, MN — 2004-2013
Property Management Services included managing multiunit buildings, managing a
team of leasing agents and coordinating building maintenance with tenants and
contractors. Oversight of Lease Signings and Tenant/Landlord disputes.
Education
ProSource Real Estate Licensing Course Work- 2003
University of Minnesota, Twin Cities - Material Science and Engineering, 2000
Skills
Team Building, Organization, Real Estate Contracts, Effective communication
References
CONSENT ITEM – 6I
MEMORANDUM
DATE: November 30, 2015
TO: Honorable Mayor and City Council Members
FROM: Sue Iverson, Acting City Administrator,
Director of Finance and Administrative Services
SUBJECT: 2015 Budget Adjustments
Background
Historically, the costs for the City newsletter were budgeted in the Mayor and Council
budget in the General Fund. This includes the cost of printing, publishing and postage.
Discussion
At the November 16, 2015, work session, it was noted that these would be eligible
expenditures which could be expended from the Cable Fund. The Council directed staff
to budget these expenditures from the Cable Fund in 2016 and to prepare a budget
adjustment for 2015 moving the expenditures from the General Fund (Mayor and Council
Budget) to the Cable Fund.
The proposed amendment would be as follows:
Proposed Proposed
Original Proposed Amended Original Proposed Amended
Budget Budget Budget Budget Budget Budget
2015 Amendment 2015 2015 Amendment 2015
Expenditures
Postage 5,500$ (5,500)$ -$ -$ 5,500$ 5,500$
Newsletter Printing/Publishing 17,500 (17,500) - - 17,500 17,500
Expendiutre Changes 23,000$ (23,000)$ -$ -$ 23,000$ 23,000$
General Fund - Mayor and Council Cable Fund
Action Requested
Motion to approve the budget adjustments as presented.
CONSENT ITEM – 6J
MEMORANDUM
DATE: November 30, 2015
TO: Honorable Mayor and City Council Members
FROM: Sue Iverson, Acting City Administrator
Director of Finance and Administrative Services
SUBJECT: CenturyLink Cable Franchise
RECOMMENDATION
Adopt Ordinance No. 2015-008 and the written Findings of Fact to support the action
taken (copies attached).
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.
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.
DISCUSSION
The City Council held the required public hearing on October 26, 2015, at that meeting
staff was directed to place this item on the November 30, 2015 Council meeting. The
City Council is now asked to take action on whether to approve or deny the proposed
franchise ordinance and finding consistent with its decision.
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.
ATTACHMENTS
Attachment A: Ordinance No. 2015-008
Attachment B: 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: November 30, 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.
2
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.
3
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
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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.
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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.
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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
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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
12
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
13
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
15
(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
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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
29
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
33
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 any
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 b ecome 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.
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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 30th day of November, 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.
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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:
Page 1 of 1
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Jill Hutmacher, Community Development Director
SUBJECT: 2016 Animal Impound Services Agreement
Requested Action
Approve the 2016 Animal Impound Services Agreement
Discussion
The 2016 Animal Impound Services Agreement with Hillcrest Animal Hospital is attached. The
contract has been revised to reflect changes in insurance requirements and state statutes. The
City Attorney has reviewed the contract and has no concerns with the revisions. The 2016
proposed fee schedule reflects revised costs for unclaimed animals.
Attachment
Animal Impound Services Agreement, Hillcrest Animal Hospital
CONSENT ITEM – 6K
MEMORANDUM
Bench Handout
Public Presentation - 3B
For Immediate Release - November 18, 2015
Arden Hills Wins Award
for Business Retention and Expansion Program
Arden Hills, Minn.—On Tuesday,November 17, 2015,the City of Arden Hills was awarded
the Leaders in Local Government Award by the St. Paul Area Chamber of Commerce for the
City's Business Retention and Expansion(BRE) Program. As a collaborative project between
the City's Economic Development Authority(EDA), the Economic Development Commission
(EDC), and the St. Paul Area Chamber of Commerce, the City has implemented a program to
meet individually with businesses to ascertain how the City can meet their needs and assist with
job growth and business expansion. The City has specifically targeted businesses within high
growth industries or which have been experiencing significant growth. The EDC and EDA will
review the results of the BRE program in January 2016 and structure the City's economic
development work plan accordingly.
With a population of 9,652 and an employment of 12,188, Arden Hills is one of the few cities in
the metropolitan area with more jobs than residents. Arden Hills is proud to be a vibrant center
of business and employment and values businesses' contributions to the community. The BRE
Program is designed to focus the City's economic development on areas of the greatest benefit to
its business community.
Bench Handout
New Business - 9A
November 30, 2015
Susan Iverson
Acting City Administrator/Director of Administrative Services
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
RE: Resignation and Retirement
Dear Sue,
I am hereby, giving formal notification of my resignation and retirement from the Customer
Service Specialist position at the City of Arden Hills. My last day of employment with the City
will be December 31, 2015.
1 have enjoyed working for the residents of Arden Hills for almost seventeen years now, the
many different administrators, and the rest of the City Hall staff, but find it necessary to leave
at this time. I appreciate the opportunity I was given to serve the public and staff for all these
years.
Sincerely,
Pam
Pam Sweeney
Customer Service Specialist
City of Arden Hills
$\\�;:.
fz.
COMCAST
VIA ELECTRONIC MAIL
November 30, 2015
�erG"
ed gv5
Mayor David Grant
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Dear Mayor Grant:
I am writing to provide Comcast's comments regarding the CenturyLink Cable TV Franchise
Ordinance that was presented for a First Reading at the October 26, 2015, City Council Meeting
("Summary' and "Proposed Franchise"). Thank you in advance for considering this input. As we
have stated previously and in the public record in front of the North Suburban Cable
Communications Commission (see attached), Comcast welcomes robust competition and we do
not oppose the granting of an equitable cable franchise to Qwest Broadband Services or its
d/b/a, CenturyLink.
Comcast is however concerned with the competitive inequities created by some of the
obligations in the proposed CenturyLink franchise that are materially different from the
obligations in Comcast's current franchise with the City. As you are aware from the Summary,
Minnesota Statute 238.08, subd. 1(b) requires that the City cannot grant an additional franchise
with "terms and conditions more favorable or less burdensome than those in the existing
franchise pertaining to (1) the area served..." Furthermore, the FCC expressly allows buildout
requirements in franchise agreements so long as they are "reasonable."'
Section 2(7) of CenturyLink's proposed franchise requires that CenturyLink build to only 15%of
the City. The supporting documents, however, contains no discussion of what may be a
reasonable requirement for [X] or why CenturyLink's proposal, that fails to address 85% of its
citizens, meets this standard. "Less burdensome" certainly requires more than what
CenturyLink has offered. And while Section 2(7) of the proposed franchise requires that "a
significant number of households below the medium income of the city" it offers no instruction
1 Implementation 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,Order on Reconsideration, at para.?(rel.Jan 21,
2015).
10 River Park Plaza St. Paul, MN 55107 www.comcastcorporation.com
Mayor David Grant
November 30, 2015
Page 2 of 3
as where CenturyLink must build and no clear way to ensure CenturyLink meets that standard.
At the very least, the City must impose actual binding and enforceable requirements to serve
equitably throughout the community. This will protect competitive and consumer equity and
prevent selective service deployment. It will equalize the investment that all providers will be
required to make in return for access to the public rights of way. It will ensure that competition
develops according to which provider can best serve subscribers and not according to which
provider enjoys the most advantageous regulatory requirements. Finally, it will meet both
state and federal requirements.
PEG funding will also be inequitable and more burdensome on Comcast, and all cable
customers, if the CenturyLink franchise is adopted as proposed. Again, Minnesota statute is
clear on this issue. Minnesota Statutes 238.08, subd. 1(b) requires that the City cannot grant
an additional franchise with "terms and conditions more favorable or less burdensome than
those in the existing franchise pertaining to (2) public, educational, or governmental access
requirements..." Inequitable PEG funding is a clear example of creating more favorable
franchise conditions to a new entrant, and in turn, a more advantageous regulatory
environment.
Comcast is required to pay three significant up-front annual grants to the Commission: a
$50,000 annual equipment grant; a $100,000 annual scholarship grant that increases annually
and was $109,693.66 in 2015; and an annual PEG grant (paid quarterly) that also increases
annually and was $1,347,166.47 in 2015. The amount of these grants, in total, is what the
Commission has claimed is required to run its PEG operations. This total PEG funding amount,
which was $1,606,860.13 in 2105 and is growing every year, is paid to the Commission as up-
front cash grants, regardless of how many subscribers Comcast has in the Commission area.
Comcast subsequently recovers the total amount from subscribers as a per-month, pass
through amount. This means that a lower numbers of Comcast subscribers in the Commission
area results in a higher per-month pass-through for all Comcast customers.
Section 6(4) of CenturyLink's proposed franchise does not require CenturyLink to participate in
any of the current up-front grants that Comcast is required to provide the Commission but
requires only that CenturyLink match our monthly per-subscriber PEG fee in which Comcast
uses to recover the grants. It is absolutely more burdensome on Comcast to have to contribute
its own capital as up-front cash grants as opposed to the collecting and remitting regime that is
being offered to CenturyLink.
As important, not requiring CenturyLink to participate in the up-front grant funding means that
instead of both cable operators and cable customers sharing the burden of the PEG funding, the
Mayor David Grant
November 30, 2015
Page 3 of 3
Commission is expanding the burden on cable customers. The monthly per-subscriber PEG fee
is determined solely on the number of customers that Comcast has, and could rise dramatically
if Comcast loses customers. This means that the PEG fee burden on all cable customers also
rises, and yet this rise has absolutely no relationship to the need of the Commission for
increased PEG funding.
If the Commission continues to require significant up-front capital grants those grants must be
shared by both cable operators. In the alternative, Comcast will also move to a per-month, per-
subscriber PEG fee funding mechanism of$4.15.
Comcast requests that the City Council require these issues be discussed now to ensure that the
obligations on CenturyLink are not more favorable or less burdensome than those in Comcast's
existing franchise. As always, please feel free to call me if you have any questions or would like
to discuss these issues further.
Sincerely,
3
I ,
Emmett V. Coleman
Vice President External Affairs
CC: Brenda Holden, Councilmember
Fran Holmes, Councilmember
Dave McClung, Councilmember
Sue Iverson, Interim City Administrator
Bench Handout
Unfinished Business - 10A
Bradley
November 30, 2015
The Honorable David Grant
Mayor, City of Arden Hills
125 West Highway 96
Arden Hills,MN 55112
Re: Comcast Letter Dated November 30, 2015
Dear Mayor Grant:
As you know, I represent the North Suburban Communications Commission, in which
the City of Arden Hills is a member. Around 3:30 p.m.today, I received a copy of a letter that
Comcast sent to you related to the proposed CenturyLink cable franchise. It's somewhat
surprising and disappointing that Comcast would send such a letter claiming competitive
inequities today even though there was a Commission meeting in October,where the proposed
CenturyLink franchise was discussed, and another public hearing earlier in the month at the City.
Of course that does not even include the other public meetings where other member cities of the
NSCC took action to approve the CenturyLink cable franchise.
Despite the 11th hour nature of the Comcast letter, I'd like to briefly address the concerns
raised. The first issue raised relates to how the proposed CenturyLink cable franchise addresses
the build out of the City. The exact concern is somewhat unclear from the letter as it refers to
having "no discussion of what may be a reasonable requirement for [X]..." I don't know what
"[X]" is referring to, so I can only conclude that this is some type of form letter being used to
challenge CenturyLink cable franchises generally. As far as the proposed CenturyLink cable
franchise is concerned, it would grant a franchise to CenturyLink to serve the entire corporate
boundaries of the City,which is the same as Comcast's commitment.
The proposed franchise also acknowledges that CenturyLink has already constructed a
legacy communications system throughout the City and will be upgrading its system to enable
the company to provide cable television service. CenturyLink's build-out commitments are
based on the market-based success of CenturyLink, which the FCC has deemed to be reasonable.
That is addressed in the proposed franchise,the Staff Report and the Staff Memo that was in the
packet of the Council's last meeting.
The second concern raised by Comcast relates to Access Television funding. Comcast
provides funding through grants,which it then recovers from subscribers in the form of a PEG
Fee. CenturyLink will provide the same PEG Funding on a per subscriber basis. Subscribers in
the City will be subject to the same PEG Fee by both companies, which we believe is fair and
reasonable and is not more favorable or less burdensome to either company,particularly in light
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive I Suite 3A I Woodbury,MN 55125 (651)379-0900 1 BradleyLawMN.com
The Honorable David Grant
November 30,2015
Page 2 of 2
of the fact that CenturyLink has zero cable subscribers. Access Television funding is also a topic
of our on-going franchise renewal discussions with Comcast. We remain committed to
discussing Access Television funding in those discussions.
Very Truly Yours,
BRADLEY HAGEN&GULLIKSON,LLC
Michael R. Bradley
C. Ms. Sue Iverson, Interim ity Administrator
Bench Handout
Council Comments - 11
,-AR EN ,HILLS
MEMORANDUM
DATE: November 30, 2015
TO: Honorable Mayor and City Councilmembers
Sue Iverson, Acting City Administrator
FROM: Jill Hutmacher, Community Development Director
SUBJECT: AICP Certification
On November 9, 2015, Associate Planner Matthew Bachler passed the American Institute of
Certified Planners (AICP) exam. The AICP is the American Planning Association's professional
institute and represents the only nationwide, independent verification of planners' qualifications.
To qualify for the AICP Comprehensive Planning Examination candidates must meet specific
criteria for education and experience, as well as submit a series of essays demonstrating their
professional and comprehensive approach to planning.
The exam itself is a rigorous assessment of a planner's abilities. Topics covered include planning
history, theory, and law; plan making and implementation; functional and spatial areas of
practice; public participation and social justice; and the AICP Code of Ethics and professional
conduct. Planners that receive AICP certification commit to upholding high standards of practice
and ethics and to keeping their skills up-to-date by continuously pursuing advanced professional
education.
Please congratulate Matthew on this professional achievement.
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