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Home My WebLink AboutCCP 06-29-1998 FILE - AGENDA ARDEN HILLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, JUNE 29, 1998, 7:30 P.M. THE REGULAR MEETING OF THE ECONOMIe DEVELOPMENT AUTHORITY (EDA) WILL BE HELD AT 7:15 P.M. 7:30 P,M, 1. Call to Order 7:30 P.M. 2. Approval of Meeting Agenda 7:30 P,M, 3. Approval of Minutes a, June 8, 1998 Regular Council Meeting b, June 15, 1998 Council Worksession 7:45 P,M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be . cnacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council member 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. a, Claims and Payroll b, Appointment of Anne E, Sorensen, Finance Committee 7;50 P.M, 5. Public Comments This 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. 7:55 P,M, 6. Unfinished and New Business a, Presentation by Mounds View High School Student Council b. Res, #98-45, Appointing Gregg S, Larson to Fill Council Vacancy c, Res, #98-46, Commending Dale Hicks for His Years of Service to the City of Arden Hills d. City Hall Concept Design Review e. Old City Hall, Pre,Demolition Environmental Survey f, Ordinance #307, Granting a Franchise to MediaOne to Construct, Operate, and Maintain a Cable Communications System in the City of Arden Hills; Setting Forth Conditions Accompanying the Grant of the Franchise g, Ordinance #308, Sale of Strong Beer - h. Res, #98-47, A Resolution Approving Local Performance Aid ____n____ --- " , , AGENDA - PAGE TWO - ARDEN HILLS CITY eOUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, JUNE 29, 1998, 7:30 P.M. 9:40 P,M, 7. eouncil Comments and CommitteelDepartment Activity Reports 9:50 P.M. 8. Adjourn The above times may vary depending upon length of issue discussion. July Meetin~s . August Meetings August 5 Planning Commission 7:30 P.M, July I Planning Commission 7:30 P,M, August 10 Business Relations 4:00 P,M, July 13 Council Meeting 7:30 P,M. Committee August 10 Council Meeting 7:30 P.M, Ju]y]5 Business Development 8:00 AM, Committee August 17 Council \Vorksession 4:45 P,M, July 16 Finance Committee 7:30 P.M. August] 9 Business Development 8:00 A,M. Committee July 16 Public Safety 7:30 P.M. Commission August 20 Finance Committee 7:30 P,M, July 20 Council Worksession 4:45 P,M, August 20 Public Safety 7:30 P,M, Commission July 27 Economic Development 7:00 P,M, Authority August 25 Parks & Recreation 7:00 P.M. Commission July 27 Council Meeting 7:30 P,M. August 26 Newsletter Committee 6:00 P,M, July 28 Parks & Recreation 7:00 P,M, Commission August 31 Economic Development 7:00 P.M. Authority - Ju]y 29 Newsletter Committee 6:00 P,M, August 31 Council Meeting 7:30 P.M, PENDING Business Relations Committee 06/26/98 FRI 11:10 FAX 6126337839 City of Arden Hills 19J001 ********************* u* TX REPORT u* ********************* . TRANSMISSION OK TX/RX NO 0586 CONNECTION TEL 6286833 CONNECTION ID ST, TIME 06/26 11: 09 USAGE T 01'12 PGS, SENT 2. RESULT OK tt - .n 08/28/98 FRI 11:08 FAX 6126337839 CIty of Arden Hills 19J00l ********************* *** TX REPORT *** ********************* . TRANSMISSION OK TX/RX NO 0584 CONNECTION TEL 6461220 CONNECTION ID ST, TIME 06/26 11: 07 USAGE T 01'31 PGS, SENT 3 RESULT OK , - 06/26/98 FRI 11:06 FAX 6126337839 City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* . TRANSMISSION OK TX/RX NO 0585 CONNECTION TEL 3701378 CONNECTION ID BRW, INC. ST, TIME 06/26 11: 05 USAGE T 00'58 PGS, SENT 3 RESULT OK - - 06/26/98 FRI 11:11 FAX 6126337839 City of Arden Hills @001 ********************* .** TX REPORT ... ********************* . TRANSMISSION OK TX/RX NO 0587 CONNECTION TEL 6339550 CONNECTION ID ST, TIME 06/26 11:11 USAGE T 00'48 PGS, SENT 2 RESULT OK . - 06/26/98 FRI 11:18 FAX 6126337839 C1ty of Arden Hills I4I 001 ********************* u* TX REPORT u* ********************* . TRANSMISSION OK TXlRX NO 0588 CONNECTION TEL 6333846 CONNECTION ID ST, TIllE 06/26 11:16 USAGE T 01'28 PGS, SENT 2 RESULT OK . . 06/26/98 FRI 11:14 FAX 6126337839 City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* . TRANSMISSION OK TXlRX NO 0589 CONNECTION TEL 4810551 CONNECTION ID ST. TIME 06/26 11: 13 USAGE T 01'13 PGS. SENT 2 RESULT OK . . 06/26/98 FRI 11:16 FAX 6126337839 City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* . TRANSMISSION OK TXlRX NO 0590 CONNECTION TEL 4821262 CONNECTION ID ST. TIME 06/26 11: 14 USAGE T 01' 11 PGS. SENT 2 RESULT OK - . . CITY OF ARDEN HILLS MEMORANDUM DATE: June 26, 1998 TO: Mayor and City Council ~ FROM: Brian Fritsinger, City Administrato SUBJECT: Administrator Comments for the June 29,1998 Council Meeting THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) WILL BE HELD AT 7:15 P.M. 1. ADnroval of Minutes The City Council is asked to approve the Minutes of the June 8, 1998 Regular Council Meeting, and the June 15, 1998 Council Worksession. . 2. Consent Calendar a. Claims and Payroll The City Council is asked to approve vendor claims in the amount of $284,818.73, and payroll for periods 11, 12 and 13. The Council should note payment to J-Craft in the amount of $31 ,996.33 for the new Ford snowplow; Lake Johanna Volunteer Fire Department in the amount of $78,500 for 1998 Fire Protection (This is reduced to the 1997 level based on action discussed with the City Council); MCES in the amount of$44,711.08 for SWM charges; and Ramsey County in the amount of $50,593.24 for July law enforcement. b. Finance Committee Appointment The City Council is asked to consider the appointment of Anne E. Sorenson to the Arden Hills Finance Comminee. 3. Unfinished and New Business a. Presentation bv Mounds View High School Students Representatives of the Mounds View High School student body will be in attendance to brief the Council on actions related to the County Road F vandalism problems from last year. . Administrator Comments for the June 29, 1998 Council Meeting . Page Two June 26, 1998 b. Res. #98-45. ApDointing Gregg Larson The City Council is asked to adopt Resolution #98-45, appointing Gregg S. Larson to fill the Council vacancy. Mr. Larson has been recommended for appointment to the Council seat previously held by Councilmember Dale Hicks. This appointment will be for the remainder of 1998. c. Res. #98-46. Commending Dale Hicks The City Council may wish to consider the adoption of Resolution #98-46, commending Dale Hicks for his years of service to the City of Arden Hills. d. New City Hall Design The City Council is asked to discuss the most recent floor and site plans prepared for the new City Hall. The City Council should provide feedback on these plans and, if acceptable, direct the submittal of the plans for review by the Arden Hills Planning Commission at its August 5, 1998 meeting. e. Old City Hall Environmental Survey The City Council is asked to authorize the execution of a contract with American Engineering Testing for a pre-demolition environmental survey at 1450 West . Highway 96. This action is the first stcp toward the demolition of the Old City Hall facility. f. Ordinance #307. Cable Franchise The City Council is asked to adopt Ordinance #307, granting a franchise agreement to MediaOne North Central Communications Corp., and direct the City Administrator to publish a summary of this ordinance in accordance v.ith Minnesota State Statutes. g. Ordinance #308. Sale of Stronl! Beer The City Council is asked to adopt Ordinance No. 308 amending Chapter 3 of the City of Arden Hills municipal code relating to the sale of strong beer. The adoption of this amendment would allow the sale of strong beer by on-sale wine licenses. h. Res. #98-47. Local Performance Aid The City Council is asked to adopt Resolution #98-47, approving Local Performance Aid. . . Administrator Comments for the June 29, 1998 Council Meeting Page Three June 26, 1998 4. De\)artment Report The City Council will find the department report enclosed for each of the various City Departments. Activities related to the Administration and Finance Departments include: a. General Administration Staff completed the necessary notifications and contract obligations for the change to summer hours beginning June I, 1998. Summer hours will be in effect through August 31, 1998. Staff assisted the City Council with the necessary legal requirements and advertisements related to the Council vacancy resulting from Councilmember Hicks' resignation. Staff has also begun preparations for the Primary and General Elections to be held this November. We have confirmed precinct locations and had standard maintenance performed on the election machines. Staffv,ill begin election training with the Secretary of State and Ramsey County next week. . 1. City Hall Relocation Within our temporary space, we have completed the majority of the workstation buildout and file room coordination. We are still working on the retrofit of the Council Chambers and videotaping capabilities. The cable company has dropped the necessary Jines for our Internet access, and I anticipate this system to be re-established shortly. We're still having problems with U.S. West on completing the necessary upgrades to our phone system, but it appears that our after-hours voice mail system is up and running. Staff has also been investigating the purchase or lease of a new copy machine. We've met with four (4) vendors, and "ill be visiting one or two shO\\Tooms to test equipment over the next couple of weeks. 2. New City Hall Staff has been continuing work with the architect and engineers on the preliminary designs for City Hall. The plans are nearing completion, and I anticipate presentation to the City Council on June 29. 1998. The Council "ill be asked for input to complete the designs for submittal to the Planning Commission on August 5,1998. . ----- Administrator Comments for the June 29, 1998 Council Meeting . Page Four June 26, 1998 3. Community ReDresentations As City Administrator, 1've attended a variety of meetings representing the City this past month. Among others, these have included RAB, Day in the Park, Ramsey County Sheriffs Contract Group, Mounds View School District Community Leaders, School District/City Managers, and MCMA. 4. Finance Department a. MCES 1999 Budget Goals Staff attended the MCES 1999 Budget Breakfast meeting and learned that the 1999 Budget goal is a 6.0% expenditure reduction to $157,000,000. The longer-term customer cost goal is to reduce processing costs from the current $900/mg to $800/mg by the year 2000. These cost savings will largely be realized by the success of the agency in reducing headcount from 960 to 760 employees (a 21 % reduction). There was also considerable discussion of the "fairness" of SAC charges. b. 1999 PreliminarY Budget/5- Year CIP . Staff developed the 1999-2003 Capital Improvement Program which was provided to the City Council at its June Worksession. This was the first phase ofthe budget planning process. Staff ""ill now begin working on the preliminary budget for 1999. c. 1998 Budl!et Books The 1998 Budget bcoks are nearing completion. Staff continues to work on inputting this information into the necessary data bases, and will have it available shortly. b. Committee Updates The City ACCOlli"lw..l1t also attended meetings of the Newsletter and Finance Committees. c. Personnel Staff completed background checks and finalized the appointment of a new Senior Accounting Clerk. At the same time, staff began review of the applications for Associate Planner. (Between the two positions, approximately 95 applicatioIlS were received.) Staff has interviewed six candidates and will be conducting a second interview with two candidates. . . Administrator Comments for the June 29, 1998 Council Meeting Page Five June 26, 1998 The changes associated with the positions held by Mr. Ringwald and Ms. Walsh have been implemented. Staff is now working on changes to the position descriptions of the Public Works Director and Department Secretary, and hopes to begin advertising for the Department Secretary position shortly. Mr. Ringwald (three years of service) and Ms. Owens (nine months of probationary service) received their performance reviews. 5. Community Development a. TCAAP Staff developed a list of projects that are outstanding related to TCAAP. The intent of the list was not necessarily to prioritize projects, but to discuss the variety of issues facing the City regarding TCAAP, and use of the list to reconfirm Council's support for working on these items. The City Council did support the pursuit ofland for City Hall as the first project to undertake. b. Property ACQuisitions . Staff has held several meetings with appropriate individuals to discuss land acquisition related to Community Development activities. Related to this, staff has held a number of meetings with Ramsey County and others to discuss the design/layout for Highway 96 and Old Highway 10. 6. Public Works/Safety a. Shorevicw Storm Clean Up Assistance The City provided the City of Shoreview with equipment and manpower to assist with their clean up after the storm on May 15th With the area now being declared a disaster area, we \\ill attempt to be reimbursed for some of our costs. We have estimated our assistance in the range of $7,500. b. Public Safety I've continued to attend negotiation sessions regarding the new fire contract. I expect that it may be appropriate for a joint meeting to be held with Shoreview and North Oaks this summer. Should the scheduling of this be problematic or determined 10 be unnecessary, I \\ill arrange for this item to be placed on an upcoming Worksession Agenda. . -..---------- -- ------ Administrator Comments for the June 29,1998 Council Meeting . Page Six June 26, 1998 Regarding law enforcement, I have talked to John Luey on several occasions this month to address concerns about follow up by the Sheriffs Department. Several residents have expressed concern recently about the quality ofresponse provided by Ramsey County. We have also begun the 1999 Budget negotiation/review process. BF/sls . . . ., MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING . JUNE 8, 1998 7:30 P.M. - NEW BRIGHTON CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:33 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, and Susan Keim. Absent: Councilmember Paul Malone. Also present were City Administrator, Brian fritsinger; City Accountant, Terrance Post; Assistant to the City Administrator, Kevin Ringwald; Public Works Director; Dwayne Stafford; Community Development Director, Cindy Walsh; Consulting Engineer, Greg Brown; and Recording Secretary, Carla Wirth. ADOPT AGENDA MOTION: Council member Aplikowski moved and Council member Keim seconded a motion . to adopt the agenda for the June 8, 1998, Regular City Council meeting as presented. The motion carried unanimously (4-0). APPRO V AL OF MINUTES A. May 26, 1998, Regular Council Meeting Mr. Fritsinger requested the following corrections: Page 3, second paragraph: "Collncilmember Malone noted the ramp on eastbound Highway 1 0 to southbound 1-35W is metered..." Page 3, second paragraph: "...by the Mermaid and routed down the newly constructed Old Highwav 8." Councilmember Hicks requested that the second paragraph of Page 12 be attributed to COllncilmember Malone (rather than Councilmember Hicks). MOTION: Councilmember Keim moved and Councilmember Aplikowski seconded a motion to approve the May 26, 1998, Regular Council Meeting minutes as amended above. The motion carried unanimously (4-0). . ------------- DRAFT . . ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 2 CONSENT CALENDAR A. Claims and Payroll . B. Probationary Appointmcnt, Senior Accounting Clerk, Sandra Berres C. Resolution #98-44, Authorizing Condemnation of the Indykiewicz Property D. Temporary Access Permit, MT Properties MOTION: Councilmembcr Hicks moved and Councilmember Keim seconded a motion to approve the Consent Calendar as listed above and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS Mayor Probst invited those prcsent to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. Lake Johanna Volunteer Fire Department, Presentation Mr. Brian Fritsinger, City Administrator, explained that conversations were scheduled with the Lake Johanna Volunteer Fire Department (LJVFD) at a previous worksession but due to the storm damage in Shoreview they were otherwise occupied. Mr. Fritsinger stated he had asked them to attend tonight to review infomlational itcms for the Council. He stated that . conversations will be held regarding capital budget items at a futurc meeting. Mr. Don Szurek, Fire Chief, thanked the Council for the opportunity to address them regarding Lake Johanna Volunteer Fire Department issues. He commented on the storm damage which they have been addressing and provided an updatc. Hc thanked the Council and Staff for the opportunity to conduct training activities at the vacated City Hall and explained the types of training scenarios which will be taking place. Mr. Szurek stated they are offering members of the Council and Staff to attend a drill and participate to the point of viewing what happens during a rescue operation. He noted that they are also looking for new members and beginning the membership drive. Mr. Szurek advised of the members who have retired and the need to recruit new members. He reviewed the requirements for serving on the Lake Johanna Volunteer Fire Department and stated service is a good way to feel part of the community. He encouraged anyone interested to contact them. Mr. Szurek stated the recent storm activity brought forward cooperation from the City Staff which they appreciated. He advised that during the storm there were five calls from Arden Hills, one involving a lightning strike. He stated there were 45 fire calls in all received during the storm which was a bit chaotic. Mr. Szurek stated they will have a critique of this storm activity and encouraged Staff to attend and provide input. He stated they look forward to meeting with the Council in the future to discuss capital budget items. He advised of Station # I repairs which will be undertaken and stated the names of those serving on the Lake Johanna Volunteer Fire . Department board and Staff members. He stated they currently have 68 members and can go as high as 20 members per station but are looking specifically for day time members. ---------- ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 DRAFT 3 Mayor Probst stated the membership drive would be an appropriate topic for the City newsletter . and asked the Fire Department to provide information which should be included. Mr. Szurek stated they are open to a training drill date that is convenient to the Council and Staff. He indicated they do not intend to burn the old City Hall building to the ground due to the close proximity of neighboring homes. Mr. Fritsinger eXplained the training was delayed because the cable system is still connected in the old City Hall facility and was just recently moved to the Public Works Building. The last item to address is to work with Parks to relocate the items they have in storage. Once that is completed, the building will be available for the Fire Department. Mayor Probst suggested the Emergency Preparedness Plan be forwarded to the Fire Department and Sheriffs Department for their review and input. Mr. Fritsinger eXplained that contract discussions have begun and following capital item discussions, negotiations will begin with the Council to finalize the contract. Mayor Probst asked about the ownership of the fire stations and equipment. Mr. Szurek stated two stations were built by and owned by the City of Shoreview and are leased back to the Fire Department. One station was constructed with joint funding from the Fire Department and the cities of North Oaks and Shoreview and is on a schedule to transfer to the LJVFD in twenty (20) . years. Station One is owned by the Lake Johanna Fire Department. He reviewed the ownership of equipment located at the fire stations. Mr. Szurek thanked the Council and City Staff for their support and encouraged anyone to call if they have concerns or questions. B. Receive 1997 Audit Report, Abdo, Abdo, Eick & Meyers Mr. Terrance Post, City Accountant, stated that the external auditors have completed their review of the 1997 financial statements. He stated the audit did not turn up anything the City was not already aware of through the communications Staff has provided. Mr. Post stated it was an exceptionally good year with the City being in a strong financial position. Steve McDonald, representing Abdo, Abdo, Eick & Meyers, presented an overview of the 1997 Audit Report, noting they gave the City a clean opinion. He explained it is their job to be sure statements are being presented fairly and stated they experienced no problems during the audit. Mr. McDonald noted their finding that the City's accounting is not adequately segregated due to limited staffing which will be the situation with most cities this size since it is an economic and staffing issue. Mr. McDonald stated all funds are in good shape and the general fund contains more than an adequate fund balance including a reserve for emergency needs. He then reviewed the expenditures and reserve balances of each budget fund and commented on the activity within each. . Mr. McDonald noted the management letter and mention of Year 2000 issues that need to be addressed. He stated it is important to look at all areas where information is exchanged that is -- --..- ----- DRAFT ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 4 date dependent. Mr. McDonald stated that compared with all of the cities they deal with, Arden Hills is in very good shape. . Mr. Fritsinger noted Staff has found no significant Year 2000 issues. Mr. Post advised that Ramsey County manages the City's assessment receivables and he has not yet received any assurance that they are ready for the Year 2000. Councilmember Aplikowski stated it was indicted the City's Staffis not large enough to adequately segregate job duties for internal control purposes and asked how many should handle the money. Mr. McDonald stated for the City of Arden Hills it would be involving having a department size of five (5) to six (6) people. He stated it would involve adding a staff person or two in the future to specifically address this issue. Mayor Probst commented it is good to see the favorable management letter and noted the comment about inadequate segregation has been included in the past. Mr. McDonald concurred and advised this is not reflective of City Staff. COllncilmember Hicks noted that the excellent financial position of the City is due, in part, to the City's Accountant, Terrance Post. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to accept the 1997 Audit Report as submitted by Abdo, Abdo, Eick & Meyers. The motion carried unanimously (4-0). . C. Resolution #98-43, Approving Preliminary Plan for the Reconstruction of Highway 96 Between Old Highway 8 and Highway 10 Mr. fritsinger eXplained that the Council is asked to adopt Resolution #98-43, which would approve the Preliminary Plan for the reconstruction of Highway 96 between Old Highway 8 and Highway 10. He advised the plan is unchanged from that presented at the May 26,1998 Council meeting. Staff has conducted a more formal review of the plan and identified a number of items which the Council may which to address and comment on. Mr. Dwayne Stafford, Public Works Director, advised that the proposed resolution is acceptable subject to further review of the following issues: 1. Creation and impacts of a westbound Highw'ay ] 0 to eastbound Highway 96 traffic movement; 2. Signalization of the new intersection or off-ramp from Old Highway 10 to Highway 96; 0 New elevation of Highway 96 and its affects on the immediate area around the proposed ~. flyover; 4. Signalization of the Round Lake Road and Highway 96 "new" intersection; 5. Formal resolution to the cost participation between Arden Hills and Ramsey County for land acquisition and construction of the new Round Lake RoadlHighway 96 connection; . 6. Relocation of the pedestrian walkway/trail currently proposed on the south side of Highway 96; ARDEN HILLS CITY COUNCIL - JUNE 8, 1998 DRAFT 5 7. Determination of the cost participation on the I-35W and Highway 10 bridges between . MnDOT, Ramsey County and local municipalities; 8. Ramsey County coordinating a meeting with the City of New Brighton, City of Arden Hills, Ramsey County and MnDOT to review the plan; and 9. Development of a new schedule for the Project. Mr. Stafford stated Staff would recommend approval once all of these issues are addressed. Mayor Probst inquired regarding the cost estimate for the additional ramp being proposed. Mr. Greg Brown, Consulting Engineer, advised the $250,000 estimate includes construction of the ramp roadway, curb and gutter (if desired), and grading, but it does not include wetland impacts or property costs. Mayor Probst commented that the estimate appears to be high. Mr. Brown reviewed the cost estimates for each of the work items included and stated he agrees this is a conservative estimate. Mayor Probst stated the success of doing this ramp is directly related to the willingness of North Heights Lutheran Church to be a cooperative participant in making right-of-way available and showing in the cost of this project. Mayor Probst stated it has been discussed and is clear that Highway 10 would not be changing grades but he was surprised by the grade change of Highway 96. Mr. Brown stated it would be lowered approximately six feet near the Old Highway 1 O/Highway 96 intersection, so there may . be issues with the driveway of the first home south of Highway 96 and Old Highway 10. He commented it may be appropriate to consider a retaining wall to address that elevation change. Mr. Tolaas, Ramsey County Highway Department, stated if Highway 10 is reconstructed the costs would increase dramatically and it was a "given" that Highway 10 would be maintained at its current grade. Mayor Probst inquired regarding the drainage issues and how they would be addressed. Mr. Brown estimated Highway 96 will be about twenty (20) feet lower at the Highway 10 overpass. Mr. Tolaas stated a drainage line would be needed to carry water (by gravity) to Round Lake. Councilmember Hicks inquired whether a wetland replacement will be involved. Mr. Brown stated this may be an issue. Mayor Probst asked if Ramsey County has any concerns about the issues being raised by Staff. Mr. Tolaas stated they do not and believe they were logical issues that would be raised. He stated if the number of vehicles warrant the traffic signal, it would be addressed anyway. Mayor Probst stated with the southwest quadrant it is probably not worth constructing a ramp but he strongly believes northbound Highway 10 to eastbound Highway 96 is an important connection and if North Heights Lutheran Church is willing to be a cooperative partner to make it happen, he would support consideration. . Mayor Probst stated he is an optimist regarding the TCAAP property and believes the primary access will be a major interchange farther "upstream" but the timing of that may not coincide with this project. Mayor Probst stated he believes access from the south (along the southern . ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 DRAFT 6 border of the TCAAP property along Highway 96) will become more important. He stated that he hopes the County will work with the City to assure this is part of the project and part of the . funding consideration. Mr. Tolaas stated they will very aggressively pursue the type of financial support available through Mn/DOT and try to make a good case to support it. Mayor Probst stated it has been his impression that the decision about what happens at 1-35W is in a holding pattern pending resolution of the Highways 10/96 interchange. He asked if closure of this intersection will move the 1-35W upgrade along. Mr. Tolaas agreed it will move the 1- 35W intersection up in Mn/DOT's schedule and funding support. Mayor Probst noted the ISTEA revision resulted in a higher funding level and asked if this will help this project. Mr. Tolaas stated it makes more funding available and he hopes they will be able to tap into that greater availability. Councilmember Aplikowski stated she supports the Highway 10 west access and believes it is important for North Heights Lutheran Church and also for other traffic in the area. She asked if the trail will remain on the south side and cross the bridge. Mr. Tolaas stated this is correct. He explained that their park staff has reviewed all options and believe if there is no path on the south, side it will result in pedestrians in the roadbed which presents a greater problem. He stated it is also integral to connect to the Long Lake Park area. Mayor Probst agreed with the need to provide a safe crossing if the bridge is constructed. He . noted with the exception of one ramp, it provides the grade separation desired for pedestrians and bicycles and the City will lobby the County and State to make the connection from the south rather than from the bridge. Councilmember Hicks stated the Council is considering concept approval to the plan tonight and not considering the various costs of all parties involved at this point. Mayor Probst stated this is also his interpretation; to endorse a grade separation subject to resolving these conditions as outlined. The cost participation is covered on the Highway 10 bridge as well. Councilmember Hicks stated as the cost issues are discussed the Council may decide to abort some issues based on whether the City can afford it, such as the eastbound turn lane (which costs $250,000) ifNonh Heights Lutheran Church determines to not become a financial partner. Mayor Probst stated another issue is the signals and whether Mn/DOT can be convinced there is enough traffic to warrant their participation in the cost. He asked how it will be determined if there is enough traffic to warrant the offramps and participation in those costs. Mr. Tolaas explained that they started with a conservative cost approach and with the understanding these ramps are a temporary issue. However, if a good case can be made that these access points are vital to community traffic, they will probably consider it. Mayor Probst stated Mn/DOT does need the City's approval for the change in this intersection. . Mr. Tolaas stated from a practical and political standpoint it is essential. ---------- - ------------------ ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 DRt~FT 7 Mr. Tolaas advised that the State would have funded it with an at-grade intersection realizing it . would have to be dealt with again in the future. MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-43, Approving Preliminary Plan for the Reconstruction of Highway 96 Between Old Highway 8 and Highway 10. The motion carried unanimously (4-0). ADMINISTRATOR COMMENTS Mr. Fritsinger noted the draft Emergency Preparedness Plan prepared by Mr. Bishop and requested that information or comments be forwarded to Mr. Stafford. He noted this is a start but more work remains on this Plan. Mr. Fritsinger stated they will also request input from the Fire Department and Ramsey County. Mr. Fritsinger stated Staff is determining how, and if, the video taping of the Council meetings should continue once at the new City Hall location. He stated Staff met briefly with cable representatives to discuss whether the City's current equipment, which has been in storage for about four years, will be sufficient. He asked the Council if they would like to proceed with video taping Council meetings. Councilmembcr Aplikowski noted the cable staff brings equipment when meetings are held at . the Army Reserve Center. Mr. Fritsinger stated this is correct and Staff can work with the cable staff to bring their equipment in for the meetings. Councilmember Aplikowski inquired regarding the quality of the video when the equipment is set up each time. Mr. Fritsinger stated meetings video taped from the New Brighton Council Chambers has not been a problem. Mayor Probst noted the issues of a live broadcast are more significant than a taped system for later broadcast. Mr. Fritsinger concurred and stated a live broadcast is probably not an option at this point. Mayor Probst stated he has no strong objection either way and the taping could be stopped temporarily. He noted if the Council was confident of the equipment needed at the new City Hall, it could be purchased ahead of time and used in the temporary location. Councilmember Aplikowski asked if the video tapes are used to verify meeting minutes. Mr. fritsinger stated it is used occasionally but usually the audio tapes are used for such a purpose. Council member Aplikowski stated she also has no strong feelings either way and asked Lois Rem if she views the video tapes. Ms. Lois Rem, 1670 Glenvicw Court, stated she has viewed them and knows others occasionally check them out from the library. She stated there may be some opposition iftaping is stopped all together. . Councilmember Aplikowski stated she would error on the side of doing video taping if it did not cost a great deal. DRAfT ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 8 Councilmember Keim asked about having the cable staff set up for the taping. Mr. Fritsinger stated they are paid by the hour for set up and tear down so it would cost more. Councilmember . Keim noted that if only one or two hours are being paid, it would not be cost prohibitive. Councilmember Hicks concurred and noted it would be less expensive than purchasing new equipment. MOTION: COLmcilmember Aplikowski moved and Councilmember Hicks seconded a motion to direct Staff to continue video taping of Council meetings. The motion carried unanimously (4-0). Mr. Fritsinger stated the Day in the Park event was held last Saturday and experienced a good turnout with many positive comments. He stated it was very well done. Mayor Probst concurred and publicly thanked Ms. Cindy Walsh, City Staff, and the Parks Commission for their work on this event. He stated this was the largest level of participation and he hopes this is a continuing trend. Councilmember Keim stated the City needs to look at what has been the most successful and she believes location is a major consideration. She noted the location used last year was not as conducive and suggested this be a consideration when selecting the next location. COUNCIL COMMENTS Councilmember Keim expressed dismay that the Tony Schmidt Park project is being put off by . Ramsey County and not yet bid. She suggested the City also express their dismay and stated this project was not portrayed before the Council in this manner and it had been indicated that the project would happen this spring. Mr. Fritsinger advised that he and the Mayor will be attending a meeting this week where Mr. Greg Mack, Ramsey County Park Director, will be in attendance. He stated they intend to spend some time with him to get a greater understanding of the status of that project. Councilmember Keim stated a commissioner represented it as being in the budget and now to indicate it will be put off until September is not acceptable. Councilmember Keim noted the new City Hall sign, which is what the Plarming case allows, looks very nice. Mayor Probst inquired regarding the interest in Councilmember Hick's upcoming vacancy. Mr. Fritsinger stated there has been three inquiries. . ARDEN HILLS CITY COUNCIL - JUNE 8. 1998 DRAFT 9 ADJOURN e MOTION: Councilmember Keim moved and Councilmember Hicks seconded a motion to adjourn the meeting at 8:34 p.m. The motion carried unanimously (4-0). Dennis Probst Brian Fritsinger Mayor City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, June 29, 1998, at 7:30 p.m. at the New Brighton Council Chambers. . e ". .A MINUTES DRAFT . CITY OF ARDEN HILLS, MINNESOTA WORKSESSION MONDAY,JUNE 15, 1998 4:45 P.M. - ARMY RESERVE CENTER, 4655 LEXINGTON A VENUE NORTH CALL TO ORDER Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council Worksession at 4:50 p.m. Present were Councilmembers Dale Hicks and Paul Malone; City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; Community Development Director, Cindy Walsh; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; and Administrative Secretary, Sheila Stowell. Council member Susan Keim arrived at 5:00 p.m.; and Councilmember Beverly Aplikowski arrived at 5:05 p.m. APPROVAL OF MEETING AGENDA MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to approve the meeting agenda for the June 15, 1998 Worksession. The motion carried unanimously (3-0). Mayor Probst suggested the City Council start with Agenda item 3b while awaiting the remainder of the Councilmembers. . CITY ISSUES - SHORT TERM b. 1999 Preliminary Budget Preparation/CIP Mr. Fritsinger introduced detailed department spreadsheets for the preliminary 1999 - 2003 Capital Improvement Plan, which had been revised following previous Council/statT discussions. City Accountant Post reviewed the Capital Plan for the Administration, Public Works, and Parks Departments respectively, along with the overall budget summary. Mr. Post stated the Parks and Recreation Commission and statThad provided a prioritization process to utilize the Park Fund and tie future expenditures into the Comprehensive Plan update. After discussion of the various aspects a."d proposed capital expenditures, the City Council directed staff to continue 1:.1.e budget process with a first cut at operating revenues and expenditures for the next \Vorksession, along with a more detailed narrative version of the Capital Improvement Plan. Mr. Fritsinger assured Counci1members that staff would continue to evaluate each proposed capital expenditure item on an as needed basis. Councilmember Malone concurred with this . direction, and further suggested that staff provide a critical eye to possible reductions. ---.----- .. .... DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 2 . a. Council Vacancy. Preliminary Review of Applicants Mayor Probst stated his surprise and pleasure at the number of qualified and experienced applicants for the Council vacancy, created by Councilmember Hicks' resignation. Those applications received were as follows: . LoAnn Crepeau, 3517 Siems Court . Raymond Kreps, 1676 Chatham Avenue . Gregg Larson, 3377 North Snelling Avenue . Lois Rem, 1670 Glenview Court . Ed Werner, 1758 Crystal Avenue . A. Clayton Zimmerman, 1319 Wynridge Drive It was the consensus of the Councilmembers that those candidates not chosen for the appointment would make themselves available for potential committee appointments, or consider running for election in the upcoming election. Mayor Probst opened the discussion by seeking the Council's preferred process for appointment. Discussion included whether to rank candidates on an individual Council basis, or interview all or several of the candidates. . After further discussion, each Councilmember was individually polled for their top two candidate choices, with the results as follows. Councilmember Hicks abstained from participation in the poll. Gregg Larson 4 votes LoAnn Crepeau - 2 votes Lois Rem 1 vote It was the consensus of Council members that Mayor Probst contact Mr. Larson to reaffirm his interest in the appointment. Upon notification by Mayor Probst ofMr. Larson's acceptance, staff was instructed to prepare a recommendation for formal appointment at the June 29, 1998 Council meeting, to fulfill the remaining term of Councilmember Hicks through December 31, 1998. Mr. Ringwald reminded Councilmembers that, should Mr. Larson accept appointment to the Council, they would need to consider a replacement appointment for him on the Planning Commission. c. City Hall Update Mr. Fritsinger reviewed the recently-provided updated schedule for City Hall design, stating it was the intention of staff and the Architect to present the final design at the August 5,1998 Planning Commission meeting. . ---- DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 , J . Mr. fritsinger stated that Mr. Ringwald has reviewed the lighting and landscaping with the architects and engineers, and reviewed the overall site plan to-date. Mr. Fritsinger further stated that, with the move into the temporary City Hall facilities, staff had a better understanding of storage needs and felt the anticipated space at the new City Hall could be reduced significantly. Mr. Fritsinger stated that staff was reworking the interior floor plan due to the addition of the new staff person, and to allow for potential additions for future TCAAP development. Discussion items included whether or not to build out the basement completely and its proposed use; additional stairway to basement; possible perimeter corridor in the basement; immediate use of the second floor mezzanine; and the determination of and timetable for final site for construction. Staff was directed to move forward with the design and planning process, with Council able to review the plans one final time prior to their submission to the Planning Commission. CITY ISSUES - LONG TERM a. Finance Committee. Recommendations regarding Assessment Policv . Mr. Post introduced Mr. Chuck Mertensotto, Chair of the Finance Committee, who presented recommendations of the Finance Committee for changes to the Arden Hills Assessment Policy. Mr. Mertensotto provided a bench handout that addressed four suggested modifications to the City's Assessment Policy. Those recommended modifications were: I. Initial contact letter to citizens having streets to be improved: Information to affected property owners on overall assessment philosophy of the City, the whys, hows and property owner process of input. Include use of illustrations (i.e., Mounds View diagrams). Finance Committee can work with the City engineer in drafting this letter. 2. In the policy, use Mounds View formulas (illustrations) where they can simplify or clarify the Arden Hills' formulas as they apply. , In the policy, change formula for calculating corner lot assessment. The J. Committee recommends assessing both streets of affected property at one half the standard rate and eliminating the five-year credit period on corner lots. 4. By Council action, consider removing storm water management upgrade costs to reconstructed road assessments (not including curb and gutters). The fifty/fifty cost split with homeowners would then not apply to stormwater management . upgrades. ___ u__ DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 4 . Mr. Mertensotto stated that the Finance Committee also recommended continuation of the following policy: 1. Recommend continuing the fifty/fifty split of sharing costs of street improvements on standard residential streets. 2. Recommend continuing the eight percent (8%) interest rate factor for financing street assessment. , Recommend closer monitoring of new road construction by developers in new ~. residential areas to insure they are building to existing reconstruction standards. Mr. Mertensotto stated the Finance Committee's continued interest in the policy, and their willingness to provide review and input into the entire assessment process whether it be correspondence with residents, or the policy itself. Discussion items included the City of Mounds View's assessment policy for its interpreted fairness and simplicity; revision of the City's initial contact letter; provision of more individualized letters, using revised diagrams as examples for clarification; providing a short history and philosophy of the assessment process in Arden Hills; original intent for assessments . on County roads; and the storm water management fund. After further discussion, the Finance Committee was directed to work with staff on a re-write of the City's assessment policy, incorporating the four recommendations as presented by the Committee; re-working of the formula addressed in Item #4 of the Committee's recommendations; review by the City's consulting engineer; and clarifying language particularly in the water and sewer section; review by the City Attorney for legal requirements; with the City Council to reviewing the document at a future Worksession, prior to final approval. It was the consensus that the revisions should be available by September, 1998 for the 1999 assessment process. Mr. Post noted that, during the Committee's review process, once design standards and city policy for design were removed from discussion, the assessment policy issues became more focused. Mr. Fritsinger stated that the original intention of the public information meetings was to address the engineering portion of each street project. Mr. Post mentioned that the City's consulting engineer would be re-rating the City streets this fall, and may be incorporating the existence or quality of the stormwater system on streets as part of that process. . . DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 5 . TCAAP Status Report Mr. Fritsinger reviewed the history ofTCAAP discussions, as addressed at the 1998 City Council/Department Head Retreat, and previous direction of the City Council for a more detailed list. Mr. Fritsinger stated that the City Hall site appeared to be the number one priority. The City Council reviewed and confirmed various TCAAP projects and provided direction on staff involvement for the remainder of 1998 and for 1999. . City Hall Facilitv Site It was the consensus of the City Council that City representatives consider contacting General LeBlanc regarding the City's interest in seeking another option to solve the delay in obtaining the property. Discussion items included the use oflegislative action; the pending environmental clean up issues; possible approach of other Army officials; the politics involved; demand for access; involvement of the 1-35W Corridor Coalition in the transportation planning for the area; and development of a strategy on how to approach the issues from a staffing and . Council policy end. Considerable discussion was held regarding the City of Shore view's proposed construction of County Road 1 and its relationship with Arden Hills in a financial and long-term benefit consequence; not repeating the same problem area the City is currently attempting to solve at Round Lake Road. Mr. Ringwald stated that the City of Shore view has included Arden Hills in discussions to-date, and Ramsey County and MnDOT are continuing discussions regarding long-term transportation issues in the area, in particular the 1-35W bridge; traffic counts and short- term and long-term impacts. Mr. Ringwald stated that the alignment problems need to be addressed for all concerned parties, and that a mechanism needs to be found that provides an overall solution, while protecting the City of Arden Hills' access options for future development. Mr. Fritsinger stated that the requirement for Shoreview to complet" an impact statement \ViII provide the City of Arden Hills another opportunity to address our issues and concerns. Mr. Fritsinger further stated that the potential timetable for development of the 50 acres at TCAAP, where the former officer homes were recently demolished or moved, would be a major factor in access requirements. . Joint Maintenance Facility . . Highwav 96 Reconstruction and Area Development . Retrocession --------- . . DRAFT ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 6 . . Residential Building Demolition and Potential Excessing of Property . Countv Road I ReconstructionlRedevelopment . Joint Athletic Facilities . Alliant Techsystems Consolidation . Utilities . Relationship with Federal Agencies . Re-Use Plan . Clean Up Mr. Fritsinger stated that the projects identified include the majority of the projects in which staff anticipates having some involvement. The City Council was asked to consider how the City will track al1 of these items and whether or not outside assistance may be beneficial, including the potential assistance oflobbyists, consultants or leveraging the influence of the 1-35W Corridor Coalition. It was the overall consensus of Councilmembers that the City needed to begin preparing for immediate action in the near future on several of these projects. Further discussion items included the requested retrocession; water and sewer infrastructure; status of retrocession in conjunction with the City taking over operation and an evaluation of the . existing \vater, sewer and treatment plant; and proposed construction of ajoint Public Works facility. Staff was directed to prepare a strategy for each aspect of the project list, determine those of the immediate priority for Council policy action, outside assistance and/or advisory task force involvement, and evaluation of a proposed strategy for the remainder of the items. MISCELLANEOUS ITEMS Cable Franchise A\:reement 'vIr. Fritsinger adyjsed that the cable franchise agreement would be an action item on the June 29, 1998 Cr:'- Council meeting agenda. It was the consensus of the Council that no representatives of the C:ible Commission would be needed at the meeting for any further clarification. Emergencv Preparedness Plan Mr. F rilsinger requested that any specific comments regarding the draft Emergency Preparedness Plan be provided to Mr. Stafford prior to the next Public Safety Commission meeting on June 18, 1998. . - ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 15. 1998 DRAFT 7 . Future Meetinl: Locations Mr. Fritsinger advised Councilmembers that final retrofitting of the Council Chambers were being completed, and the regular Council meetings and Council Worksession for July would be held at City Hall at 4364 West Round Lake Road. Mr. Fritsinger advised that the last June regular Council meeting scheduled for June 29, 1998 and the Planning Commission meeting scheduled for July 1, 1998 will be the last meetings scheduled at the New Brighton Council Chambers. City Newsletter Accuracy Councilmember Malone questioned the lead article in the most recent City newsletter edition regarding the staffing history of the Public Works Department and asked for verification of the article's accuracy. Council member Malone also pointed out a grammatical error in the City's Mission Statement in the newsletter, and that the wording was not the same statement adopted by the City Council. Business Development Committee . Council member Aplikowski advised Councilmembers that, since she would be attending the annual League of Minnesota Cities meeting in Duluth, she would be unable to attend the Business Development Committee meeting on Wednesday, June 17, 1998, at which time the Committee would be receiving the report from Bergley on the LexingtonlRed Fox study. Councilmember Hicks stated he would be available to attend the meeting. Council Packct Dcliverv Discussion took place regarding the lack of dependability in the delivcry of Council packets by the Ramsey County Sheriffs Department. Council member Malone suggested some type oflock box at City Hall that was not \yithin the alarm system area, may be more convenient and timely for Coul1cilmembers. It was also stated that many times, the packets were stuffed in mailboxes, rather than delivered to the door. ADJOURN MOTION: Councilmember 1\lalone moyed and Councilmember Keim seconded a motion to adjourn the meeting at 8:20 p.m. The motion carried unanimously (5-0). e --- " """"'" ~." , CITY OF ARDEN HILLS L~ ':'~:;m;"'pX6"lr OF 3 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06129198 COUNCIL MEETING . CLAIMS PAID SINCE LAST COUNCIL MEETING (06/08198) I CI<.# I CICI)ATE [VENDOR I AMOUNT !COMMENTS I I I 014157 06108198 Mary Jo MacDonald 956.00 Contract Seer. Svc. 5125-6/5 014158 06109198 MT Properties, Inc. 400.00 Temporary Access Permit 014159 06109198 DCA. Inc. 151.98 Medical Reimbursement 014160 06/10198 Leatrue of Minnesota Cities 250.00 LMC Annual Conference Aolikowski 014161 06/10198 State Capitol Credit Union 3,305.26 Fi"'t June Payroll 014162 06/10198 Public Emplovees Retirement Assoc. 2,763.17 Pi"'t June Payroll 014163 06/10198 ICMA Retirement Trust - 457 1,927.18 Fi",t June Payroll 014164 06/10198 Roseville Area Schools 59.00 Access Class Owens 014165 06/10198 Gilbert Construction 33.66 Refund of Depost 014166 06/12198 Ramsev County Reissue oflost check#13397 Date 1/16198 $266.00 014167 06/15198 DCA. Inc. 187.50 Dav Care Reimbursement, Walsh 014168 06/15198 Midwest Asphalt Corp. 299.13 Road Materials 014169 06/16198 United States Postal Service 400.00 Post..e bv Phone 014170 06/17198 Natale's Caffe. Inc. 70.00 Work Session Refreshments 014171 06/18{98 Home Depot 59.38 Redwood Stain 014172 06123198 Public Emplovees Retirement Assoc. 2.731.23 Second June Payroll 014173 06123198 ICMA Retirement Trust - 457 1.937.53 Second June Payroll 014174 06J23{98 State Caoitol Credit Union 3.105.26 Second June Payroll 014175 06123198 lUOE Local 49 175.00 June PajToll Deductions 014176 06123198 ' Public Employees Retirement Assoc. 45.00 June Payroll Deductions ~4177 06123198 United WavofSt. Paul Area 30.00 June Payroll Deductions 14178 06123198 Lake Countrv Service Coonerative 4.053.66 Julv Insurance Cover..e " 014179 06123{98 Northern States Power Co 377.96 Current Invoices 014180 06123198 American Medical Security 391.16 Julv Insurance Coverage I I I Subtotal Paid Claims 23.909.Q2J1 Paid Claims From Above - 23.909.06 Add Unpaid Claims. Page 3 of 3 - 260.909.67 Total Accounts Payable Claims for Council Approval, 06/08198- 284,818.73 I Note: Checks for unpaid claims totaling $80.137.23 were mailed on June 9th. 1998 after approval at the June 8th Council Meeting. They were check numbe", 14098-14156. This sequence corresponds to unpaid temporary numbers . TI - T58. Check numbe", 14096-14097 were used for alignment. CLAIM;!. l-U ------ --- CITY OF ARDEN HILLS PAGE 2 OF3 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06/29/98 COUNCIL MEETING . UNPAID CLAIMS REGISTER: In;..p,," .ICK.DATE IVENDoll. :1 AMOUNT 1 COMMENTS I 1 I TOl 06/30198 I ABDOABDO.EICK & MEYERS 5,000.00 Audit Services throucll 5122198 T02 06/30/98 i ABRA Auto Body & Glass 500.00 Renairs to '94 CheyVan T03 06/30/98 I Accoun temns 2,293.50 Temo Sr Acct. Clerk 5125-6/12 T04 06/30198 Accurate Pree. rnc 572.00 June Newsletter T05 06/30/98 Akona Corn oration 150.80 Field Chalk T06 06/30198 AMB Pronertv Com 4.184.16 July Rent & Gen Oner Exn T07 06/30198 American Stores. Inc 30.49 Auto Parts Truck #16 T08 06/30198 Animal Control Services 573.79 OoolCal Enforcement 5/4 5123 T09 06/30198 Anoka HcnncDll Technical 55.00 Confined Snace - Schifskv & Mooney TlO 06/30/98 Arden Hills Nurserv 1.470.28 Beddin. Plants-GatewaY Flower Gardens Tll 06/30198 AT&T Kansas Citv . 29.35 Lone Distance Tl2 06/30/98 Beisswej1;er's How to Store 253.09 Mav Purchases Tl3 06/30/98 Biffs. Inc 367.28 Portable Toilets 6 Parks Tl4 06/30198 Bradley & Deike. PA 200.00 Prof SYC - May GDB Le.al Tl5 06/30198 Brock White Comoany.llC 13.18 Duckbill Ass'v Streets Tl6 06/30198 LuAnn Brunn 200.00 Janitorial Svc - June Tl7 06/30/98 Cemstone Products Co. 782.81 Mtl - Freeway Park & Hazelnut Park BF Tl8 06/30198 Certified Laboratories 316.77 Rust nreventer Tl9 06/30/98 Camorate Express 671.05 Omce Supplies T20 06/30/98 I D-Rock Center & Small En.inc 163.96 Conere te/Sand -S WMlParks T21 06/30/98 Davies Water Eauio Co 185.93 Water Main Valve Parts T22 06/30/98 Demars SiPns, Inc . 275.00 City Hall Si""aoe - T23 06/30198 Dinndorf. Kathy 10.00 Refund of key deDOsit T24 06/30198 E-Z Re~c1ino 4,714.00 June 98 - RecvclinlZ Services T25 06/30/98 Evenrrecn Land Services Co 734.52 Services 5/16 6/t5 Appraisal/Acauisition T26 06/30/98 Frattallonc's Hardware Stores 123.63 M av Purch ases T27 06/30/98 Gonher Snort 283.63 Youth Sports Equip T28 06/30/98 c;Onher State One Call. Inc 185.50 Mav Service T29 06/30198 Grair;;er 60.17 Dust Masks & Ear Pluos-Streets T30 06/30/98 Green Lights Recvclin. 41.09 Fluorescent Tube Disposal T31 06/30198 Hanzalik. Sharon t65.00 I Editor June/July Newsletter , T32 06/30198 Huston. Ronald 300,00 I Instructors Fees T33 06/30/98 Ikon Office Solutions 2.286.781 Minolta EP2010 Conier & Toner T34 06/30198 Indenendent Snorts Network 1.156.25 Umnire Fees SBall 611 6118 T35 06/30198 J Craft. Inc 31.996.33 New Ford SnOwPlow Truck & Parts T36 06/30198 Jain. AnUT 25.00 Refund ofPWTennis Fee T37 06/30/98 Knox Lumber Co 105.33 Mtl for forms for olavcc's benches T38 06/30198 Lakes Country Service Corp 120.00 Membershin 7/98 6199 , T39 06/30198 Lake Johanna Volunteer Fire DeDi 78.500.00 Fire Protection 1998 reduced to 97 level T40 06/30198 Lillie Suburban Newsnaners. Inc 38.03 Annual StOlt of Tax /Increment T41 06/30/98 LTG Power F.auin 39.82 Parts for #42 Toro ,I T42 06/30/98 Martha Malan 50.00 Refund of Tennis USA Fee T43 06/30/98 McCombs, Frank Roos Assoc 3.093.00 Prof Services-May T44 06/30198 McKeo'Ml. Claudia 30,00! Refund of coaches Ditch fee T45 06/30/98 . MCFOA 30.00 I Membershin. Fritsii\.er T46 06/30/98 Mellem. Juliann 40.00 i Refund-12l Tyke time fees ! T47 06/30198 Met COlmcil Environmental Svcs 44.711.081 1998 Current mo ch.ness 1996 fInal cost alloe i T48 06/30198 Midwest Asnhalt Corn 456.471 Road Mtlsfless discount II T49 06/30198 MN C-';;;;CountvM""'tAssoc 70.00 I Mernbershin- Fritsinuer II I II I Subtotal Unpaid Claims --- 187 :654JJ7] CLAOol~t.~-I19 . CITY OF ARDEN HILLS PAGE30F3 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06129198 COUNCIL MEETING . UNPAID CLAIMS REGISTER: !'TllMP#jCK.DATE!VE",DO/t I AMOUNT I COMMENTS I ! I T50 06/30J98 MTI DistributiM Co 85.18 Casters tor Groundmaster 300 T51 06/30J98 North Star InU Trucks, Inc 90.64 Truck #16 Front brakes T52 06/30t98 North Star Turf. Inc 106.39 Grass Seed T53 06/30J98 North Suburban Cable Comm 9,944.05 1998 Contribution T54 06/30t98 Ochiaglla. Rowena 50.00 Refund of va uno at arts fee T55 06/30J98 Orton. Heather 51.37 Reimb for class supplies T56 06/30/98 OSI Environmental 50.00 Pick UD used oil & fIlters T57 06/30J98 Peterson. Fram & BerlZTIlan 4928.06 5198 Leoal fees T58 06/30/98 Pfaffe, KaMl 30.00 Refund ofTBall fee T59 06/30198 Pitney Bowes 239.00 Meter Rental 7/16 lOllS T60 06/30198 Plansigllt. LLC 210.00 ProDosed Land Use MaD UDdates T61 06/30J98 Preeti. Khurana 50.00 Refund of Tennis USA fee T62 06/30J98 Proex Photo sYstems 48.51 Photos film develonin. T63 06/30/98 Ramsev Couotv 50,593.24 Postal verification cardslLaw enfore Julv T64 06/30J98 Rent All MN. Inc 17.18 Cement finishinQ: eauin T65 06/30/98 Rota", Club of Arden Hills 139.50 2nd Quarter '98 Dues & Mtos T66 06/30/98 Roval Concre te Pioe 296.99 Catch Basin & Slab/less dicount T67 06/30J98 Safety Kleen 104.90 Machine Svc T68 06/30/98 Sereo Laboratories 319.00 Water tests June _69 06/30t98 Sitan. Te",1 10.00 Refund Familv fish frenzy fee TIO 06/30/98 Software Tailors i 267.50 Network Svc Maintenance TI1 06/30J98 Stevens, Cathy 50.00 Refund-Tennis USA fee Tn 06/30198 Stowell. Sheila 64.02 MilealJc reimb/rnisc sunnlies T73 06/30/98 Surplus Services 10.00 Duffel Ba"s 10 T74 06/30198 Swanson Plumbing & Heating 8.00 Refund-Dlumbino Dermit T75 06/30198 Target Stores 68.85 Suonlies for "Dav in the Parkl1 TI6 06/30/98 The Glidden Co 435.32 White field markin~ naint TI7 06/30/98 Thermex Coro 8.25 Refund of overcharge Hto nermit #98 71 T78 06130/98 Timesaver Off-Site Secretarial 114.751 City Counil mt" 6/8 T79 06/30/98 Town & Count", Fence 2450.00 Hazelnut Park BField Fencing T80 06/30t98 US West Communications 1926.00 Relocate entrance terminal T81 06/30/98 USA Waste Services 356.03 Mav Svc PW & Penv Park T82 06/30t98 West Weld t32.87 Mise narts I 1 Subtotal. Page 3 of3 - 73.255.60 Paoe 20f3 Brouoht Forward - 187654.07 Lrotal Unpaid aairns -- 260,909.671 . ~ ~t:8!~8:;;if.;;;:li] 888':;: 'iOl;Jl,F,Ol;) 18'~1888i~l:;: ,..- .,.O'O.....~I!I....,I dOddl' ......O,"l' oooolOd !~ &t ~ ~i! ~ -.0 ~ ,.... 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" " " " " - - " ". ....."""... .,:. ....;ll. 8 8 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 R 0 S 8 8 ., S 8 8 a S lB S :~ .,.~.': 0 0 0 _ _ <::I 0 0 0 '" 0 '" 00 '" 0 '" 0 _ '" ... ... ;;s ... ~ .... ... .. '" '" '" 00 '" 00 '" ~ I~........ ...... ......................................................... ................................... >- ::>'.:'..', . . 0 _.... ...,.... ........... 00 . ... ... ... .... .... .... ... . .. ."."."... _ " " t: 11WdI....>A..O ~O~..;;;;;;.;; ~N ;; " ;; ;; ;; . . . . . ~ ~ ~ . ~ . . . . .; .. u ~~L.:.J...:::.U.......,"'......"'.....................................................,..."'......'" - CITY OF ARDEN HILLS . MEMORANDUM DATE: June 24, 1998 TO: Mayor and City Council FROM: Brian Fritsinger, City Administrato@ SUBJECT: Finance Committee Appointment Background The City Council has received an application from resident, Anne Sorensen, expressing interest in serving on the Finance Committee. This Committee currently has six (6) members. Recommendation The City Council should consider the appointment of Anne Sorensen, 1152 Amble Drive, to the City's Finance Committee for the remainder of 1998. BF IsIs . . -------~ JUN-24-98 WED 11:06 AM C.H. BROWN FAX NO. 6128935590 p, 02/~ C.H. Brown Co. . Managing Investments Since 1931 Mr. Teuy Post City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55112 June 24, 1998 Dear Teuy, Thanks for meeting with me yesterday. I appreciate your time, and I found your ideas about the consulting service to be very helpful. I would very much like to have the opportunity to be on the Finance Committee for the City of Arden fliIls. As a resident, I feel that this would be a way that I could use my background and experience to contribute to the city. Professionally, I feel that I could . learn a great deal about how municipalities operate. Please let me know Jfyou need any more information to process my application. . Sincerely, P!nf(Q - Anne E. Sorensen Portfolio Manager . 3800 WEST 80TH STREET. SlJITE 260 . BLOOMINGTON, MN 55431 . (612) 893-5595 .1-800-774-3024 ----.----- ---~ JUN-24-98 WED 11:06 AM C,H. BROWN FAX NO, 6128935590 P.03/06 CITY OF ARDEN HILLS . 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 ADVISORY COMMITTEE, COMMISSION, TASK FORCE APPLICATION FORM DATE: ~/;;''1lq8 NAME: /fy, V'\e.. <S 0 re r1 Se Yl , - ADDRESS: /{5;)'" f}mJo (e.. /) P... ( Ve... TELEPHONE: 9q~rS5f1 t, 3~- J'ttlt.t' tP93-SS<}o (H) (FAX) (E-Mail) AOVISORY COl\1MITTEES: (If you wish to be considered for more than one commitlee, please order in number of preference.) Business Development Committee - Business Relations Committee ___'!. Finance Committee - Newsletter Committee . Parks and Recreation Commission _ Planning Commission --- _ Public Safety Commission - Arden Hills/Shoreview Joint Youth Commission (membership consists of students aged 10 - 18 years) SrECIFIC INTERESTS: (As the Council prioritizes its goals, it may create additinnal/new committees or task forces from time to time. If you are interested in any of the following Or if YOll share any other specific areas or topics of interest. we will retain your application for future openings in those areas as new ."'~ committees are created.) -, 5-' ~~~~ City Fa<;;ilities Task Force r< Lake Quality and Environmental -' /'"-)f. (I - \ Task Force Highway 10 Task Force _ City Communications Task Force __ Disaster PlanninglRecovery Task Force _ Community Logo Task Force __ Technology Task Force - Other Interests: (continued) . .~ PHONE: (612) 633-5676 . FAX (612) 633-7839 nn.L0J! no 111'1"'\ l' ,1"\'"7 AU - .. ~~_.--- JUN-24-98 WED 11:12 AM C. H, BROWN F AX NO. 6128935590 p, 03/03' ANNE E. SORENSEN . Poyifo[io Managemenr Responsibilities (contin"ed) Individuallv Mana~ed Accounts: Managed numerous fixed ineonle accounts ranging from $30MM to $IMM for institutions such as local universities, hospitals. endowments, and retirement plans, as well as high nel worth individuals. Fixed income portfolios were managed either for total Tetum Qr income, and held either taxable or tax. exempt securities, depending on each clients needs. . Additional responsibilities; Client presentations and Fund Reports: Gave investment presentations to institutional clients. Prepared "Portfolio Manager Report" on a quarterly basis for each of four commingled trust funds describing investment performance and the investment environment (for distribution to customers). Economic Outlook: Presented weekly economic outlook to the Chairman of the Bank, wrote quarterly HEconornic Qutlookl1 for distribution to institutional clients. Marketing Presentations: Made presentations to prospective clients. Prepared responses to RFPs. Eauitv Research: Analyzed pharmaceutical and medical technology stocks. . OTHER EMPLOYMENT EXPERlENCE: CORPORATE CREDIT ANALYST (1987 - 1988): Connecticut Bank and Trust (now FleetBank), Hartford, Ct.: Analyzed credit quality of automobile "f1oorplan" loans ranging from $2MM to $100MM in size_ Prepared reports for Commercial Lending Committee. RESEARCH ANALYST (1986 _ 1987) ; Utah Bureau of Business and Economics Research: prepared reports on the e~onomic statt: of emerging medical technology companies in Utah. POSTDOCTORAL FELLOWSHIPS (1982 - 1986) : Smithsoni"" Institution, University of British Columbia, University ofUtab: performed independent zoological research. Published 8 papers in professional publications. PROFESSIONAL DESIGNATIONS: Series 65 Uniform Investment Advisor Law - 8/94 REFERENCES: Confidential references available upon request. . . CITY OF ARDEN HILLS MEMORANDUM DATE: June 25, 1998 TO: M'y,,""d City C"""'" ~ FROM: Brian Fritsinger, City Administrato ~ SUBJECT: Appointment to Fill Council Vacancy Back~round The City Council, at its May 26, 1998 meeting, accepted the resignation of Councilmember Dale Hicks effective June 30, 1998. It then directed staff to advertise this vacancy and expressed its desire to fill the vacancy for the unexpired term through December 31, 1998. The City advertised this vacancy and accepted applications through Thursday, June 11, 1998 at 4:30 p.m. The City received applications from the following individuals: . LoAnn Crepeau, 3517 Siems Court . Raymond Kreps, 1676 Chatham Avenue . . Gregg Larson, 3377 North Snelling Avenue . Lois Rem, 1670 Glenview Court . Ed Werner, 1758 Crystal Avenue . A. Clayton Zimmerman, 1319 Wymidge Drive The City Council received and discussed these six applications at its June 15, 1998 Council Worksession. As a result, the City Council concurred on the appointment of one of the applicants. Subsequently, Mayor Probst has personally talked to each individual to discuss the appointment. Reouested Action The City Council should consider the recommended appointment of Gregg Larson, 3377 North Snelling Avenue, and adopt Resolution #98-45, appointing Gregg S. Larson to fill the Council vacancy. With this appointment, the City Council should also direct staff to advertise for a vacancy on the Planning Commission. The Council may wish to consider the adoption of Resolution #98-46, commending Dale Hicks for his years of service to the City of Arden Hills. BF Isis . --..----- ---- ------------- ------ -------- ---.- CITY OF ARDEN HILLS COUNTY OF RAMSEY . STATE OF MINNESOTA RESOLUTION NO. 98-45 A RESOLUTION APPOINTING GREGG S. LARSON TO FILL COUNCIL VACANCY WHEREAS, a vacancy ej(ists on the Arden Hills City Council due to the resignation of Councilmember Dale Hicks; and \VHEREAS, the City Council received letters of application of qualified persons interested in serving in this capacity; and WHEREAS, the City Council reviewed the qualifications of the applicants at its June 15, 1998 Council Worksession; and WHEREAS, the City Council desires to fill the vacancy by appointment of an Arden Hills resident; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the Council hereby appoints Gregg S. Larson to serve as Councilmember of the City . of Arden Hills for the remainder of COlmcilmemher Hicks term, which expires on December 31, 1998. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29TH DAY OF JUNE, 1998. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR . ---- . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 98-46 A RESOLUTION COMMENDING DALE HICKS FOR HIS YEARS OF SERVICE TO THE CITY OF ARDEN HILLS WHEREAS, Dale Hicks has faithfully and diligently served the City of Arden Hills for twenty- seven (27) years; and WHEREAS, Dale Hicks has been very responsible to the citizens and business community; and WHEREAS, Dale Hicks has served as a resident member of the Finance Committee and Planning Commission; and WHEREAS, Dale Hicks has also worked to improve the community and has contributed immeasurably to the excellence of government in Arden Hills by serving as liaison to the following committees: Parks and Recreation Commission . Planning Commission Northwest Youth and Family Services Public Safety Commission NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the Arden Hills City Council, on behalf of Council, staff and all the citizens of Arden Hills, express their sincere gratitude and appreciation for these years of service; and BE IT FURTHER RESOLVED, that the City Council extends its best wishes to Dale and his familv. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 29TH DAY OF JUNE, 1998. DENNIS PROBST, MAYOR ATTEST: . BRlAN FRITSINGER, CITY ADMINISTRATOR . CITY OF ARDEN HILLS MEMORANDUM DATE: June 23, 1998 TO: Mayor and City Council FROM: Brian Fritsinger, City Administrat@ SUBJECT: City Hall Design Update Background The City has been working with the Architectural Alliance for the past several months on the design of the new Arden Hills City Hall facility. The City Council last reviewed the plans for the facility at its March 16, 1998 Worksession meeting. At this meeting, the City Council was in agreement with the majority of the design issues addressed by the architect. The Council did request that several items be reviewed for their impact on the budget. The basic building footprint has not changed. However, as a result of staffing changes authorized by the City Council, the interior design and total build out has changed. While the impact on budget was unavailable at the time of preparing this memorandum, I think it is safe to . assume that the overall cost of the project will increase. I have asked the architect to try and have an update on the cost estimates available at the meeting. If these figures are available, the Council may want to discuss the per square foot construction costs. One other item the City Council should also keep in mind regarding the proposed facility. The design that has been prepared is not easily expandable for future growth. Should the city ever elect to bring police and fire protection services back under city operations, stand alone buildings would most likely need to be constructed. The City Council was recently provided a schedule which identified the submittal of documentation for review by the Planning Commission at its August 5, 1998 meeting. Staff would like some additional input from the Council prior to submitting the plans for review next week. The following is a brief review of some of the internal design/layout issues. The intent of this revie\\i is not intended to be detailed, but more generalized in nature related to some of the basic site plan issues. , Basement The basement is intended to be used for three (3) primary purposes; community room, storage and mechanical. . --..- , , . CITY OF ARDEN HILLS MEMORANDUM DATE: June 26,1998 TO: Mayor and City Councilmcmbers FROM: Brian Fritsinger, City Administrato@ SUBJECT: Old City Hall, Pre-Demolition Environment Survey Background At the time of its move into leased facilities, the City Council discussed the abandonment and demolition of the Old City Hall, 1450 West Highway 96. Prior to any demolition, the City is required to complete an environmental survey of the building to determine whether or not any hazardous materials exist. Subsequently, staff solicited proposals from three (3) firms to conduct this study. The three firms and their proposed fees are as follows: . Company Fee American Engineering Testing, Inc. $ 800 Braun Intertec Corporation 850 Maxim TecImologies 1,475 Once the environmental survey is complete, the City will seek proposals to remove any hazardous materials found. Once these materials are removed, the City has indicated that the Lake Johanna Volunteer Fire Department (LJVFD) can use the site for training purposes. Once LJVFD has completed training this summer, the City will need to seek demolition bids and remove the building sometime in 1998. Recommendation Staff recommends the Council authorize the execution of a contract with American Engineering Testing for a pre-demolition environmental survey at 1450 West Highway 96. BF IsIs . , ~ AMERICAN CONSULTANTS . GEOTECHNICAL i ENGINEERING . MATERIALS . ENVIRONMENTAL TESTING, 11iC, . June 10, 1998 RfCEIVI2D VIA Fax 633-2839 JUN 11 1998 City of Arden Hills mr DfAIl1ffl f11l1S 1450 W. Hwy 96 Arden Hills, MN 55112 Attn: Mr. Duane Stafford RE: Pre-Demolition Environmental Survey Proposal Old City Hall, Arden Hills, Minnesota AET Proposal No. 3-98-138 Dear Mr. Stafford: American Engineering Testing, Inc., (AET) is pleased to offer services to the City of Arden Hills . hereafter referred to as the Client) for conducting a Pre-Demolition Environmental Survey at the above-referenced site. This proposal describes the work scope, schedule, fees, and other information regarding our services. Project Information We understand this is a 3,000 ft2 structure on a concrete slab, which was originally built in the late 1950's. Purpose The purpose of this Pre-Demolition Survey is to identify any hazardous materials that would exist in connection with the building. Scope of Services In order to achieve the purpose of this service, AET will perform the following tasks: . Observe the building to obtain information indicating the existence of hazardous materials. . "AN AFFIRMATIVE ACTION EMPLOYER" 2102 University Ave. W . St. Paul, MN 55114.612-659-9001. Fax 612-659.1379 Duluth. Mankato . Marshall. Rochester. Wausau City of Arden Hills AET Proposal No. 3-98-138 . June 10, 1998 Page 2 . Identification of transformers , capacitors, light ballasts or other potential PCB containing equipment. . Locate and sample, where accessible, thermal, acoustical, fire proofing or other suspect asbestos containing materials (ACM). . Analyze the suspect ACM samples for asbestos content. . Assess the condition of any confirmed ACM and estimate the quantities of confirmed asbestos within the building. . Preparation of a written report. Client Responsibilities . The Client shall provide AET with access to the building. Performance Schedule We will complete this project and deliver the report to you within two weeks of receiving authorization to proceed unless we are delayed by the regulatory agency database review. We will notify you should this occur to reschedule the completion date. This proposal is valid for a period of 90 days from the date issued. Conditions The attached Service Agreement applies to this project. Fees Our fees for services will be charged on a time and materials basis in accordance with our current schedule of fees, which is attached. For the scope of services described above, the cost will not exceed $800.00 without prior written approval. The cost includes analysis of up to 20 suspect ACM samples for asbestos. Additional suspect ACM samples, if required, will be analyzed at an additional cost of $25.00 per sample. . . City of Arden Hills AET Proposal No. 3-98-138 June 10, 1998 Page 3 Acceptance Please indicate your acceptance of this proposal and authorization to proceed by signing, dating and returning one copy of this proposal to us. The second copy is for your records. American Engineering Testing, Inc., appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions, or need additional information, please contact me at (612) 659-1316. Sincerely, American Engineering Testing, Inc. ~dJ~ Richard Lowe . Environmental Engineer Attachments: 1998 Environmental Services Pee Schedule Service Agreement PROPOSAL ACCEPTANCE Signature Date .._____u Typed/Printed Name --~..-.__.- Company . -... - ---- SERVICE AGREEMEi'lT TERMS Ai'ffi CONDmONS SECTION 1 - RESPONSIBILITIES Ll - The pany to whom the proposallconcract is addressed is the Client of American Engineering Testing, Inc. (AET). . 1.2 _ Prior to AET performing work, Client will provide AET with all information thar may affect the cost. progress. safety and performance of the work. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's work. If new information becomes avallable during AET's work. Client will provide such information to AET in a timely marmer. Also, Client will provide a representative for timely answers to project-related questions by AET. 11- Work by AET will not relieve other persons of their responsibility to perform work according to the contract documents or specifications. and AET will not be held responsible for work or omissions by Client and other persons. AET will not be responsible for directing or supervising the work of others. unless specifically authorized in writing. U - Work by AET often includes sampling at specific locations. Inherent with such sampling is variation between sampling locations. Client recognizes this uncertainty and the associated risk. and acknowledges that opinions developed by AET. based on the samples. are qualified to that eXlent. 1.5 - AET is uOt responsible for interpretations or modifications of AET's reco=endations by other persons. .L2 - Should changed conditions be alleged. Client agrees to notify AET before evidence of change is no longer accessible for evaluation. SECTION 2 - SITE ACCESS AND RESTORATION 2.1 - Client will furnish AET safe and legal site access. 2.2 _ It is understood by Client that in the normal course of the work. some damage to the site or materials may occur. AET will take reasonable precautions to mlnimi7e such damage. Restoration of the site is the responsibility of the Clienr. . SECTION 3 - SAFETY 3.1 _ Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the work site. If, during the course of AET's work, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately termi:naI.e services. Client shall be responsible for payment of such additional protection costS. 3.2 _ AET shall nnly be responsible for satety of AET employees at the work site. The Client or other persons shall be responsible for the safety of all other persons at the site. SECTION 4 - SAIVIPLES 4.1 _ Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by. or submitted to. AET remain the property of the Cliem during and after the work. Any known or suspected hazardous material samples will be rernmed to the CHem at AET's discretion. 4.2 _ Non-hazardous samples will be held for 30 days and then discarded unless. within 30 days' of the report date. the Client provides a written request that AET store or ship the samples, at the Client's expense. SECTION 5 - PROJECT RECORDS The project records prepared by AET will remain the property of AET. AET shall retain these records for a period of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 6 - STANDARD OF CARE AET will perform services consistent with the level of care and skill normally performed by other firms in the profession at the . time of this service and in this ge<lgraphic area, under similar budgetary constraints. No other warranty IS unplied or IUtended. 02DPMOll(3/96) AMERICAN ENGINEERING TESTING, INC. Semce Agreement - Page 2 SECTION 7 - INSURANCE . AET carries Worker's Compensation, Property Damage and Professional Liability insurance. AET will r'urnis.b. certificates or insurance to Client upon request. SECTION 8 - DELAYS If AET work delays are caused by Gient, '/lork or others, mikes. natUral causes. wearher, or other items beyond AET' s cOntrol, a reasonable time extension for performance of work shall be granIed. and .-\ET shail receive an equitabie fee adjustment. SECTION 9 - PAYMENT, INTEREST AND BREACH 9. 1 - Invoices are due on receipt. Client will inform AET of invoice questions or disagreemenrs within is days of invoice date; unless so informed. invoices are deemed correct. 9.:: - Client agrees !O pay interest on unpaid invoice ba1an~ at a rare or J..5 % per mom.h~ or me :naximum allowed by taw. whichever is less. beginning 30 days aner invoic. dare. 9.3 - If any invoice remains unpaid for 60 days. such non-payment shail be a ;natet',a! breach or this agreement. As a resuit or' such material breach, A..ET may, a[ iLS SOle option. terminate all duties [0 the CJem or ather persons. without liabiliry. 9.4 ' Client will pay ail AET collection .xpenses and attorney fees relating to pas, due fees wirich me Ojem owes under this agreement. SECTION 10 - LmGATION REIMBURSEMENT Payment or' AET COSts for Client lawsuits agains, AET wbich are dismissed or are judged substantially in AET's favor will be the Cliem's responsibility. Applicable COstS include, but are nOt: limited ro. attorney llld expert wimess fees. court costs. and .-\ET COSts. SECTION 11 - ZVIUI'UAL INDEMNIFlCATION . \1. 1 - AET agrees to hold hm:mless and indenurify Client from and against liability wing OUt or .-\ET's negLigem penormanc. or" ::.he work. subject to any limitations. other indem.niiicarions or ower ~rovisions Cliem and AET have agreed to in writing. 11.2 - Client agrees to hold hm:mless and indenurify AET from and agains' liability wing our or Clienr's negligent conduct, subject to any limitations. other indemnifications or other provisions Ojent and AET Jave agreed to. 11.3 - If Cliem has indemnity agreement with other persons. the Client si1aIl include .-\..ET as a beneficiary. SECTION 12 . LIMITATION OF LIABILITY Client agrees to limi, .-\ET's liability to Clients wing from professional ac:s, errors or omissions. such that the total aggregate liability or AET shall not exceed 550.000. SECTION 13 - TERMINATION After 7 days wrinen notic., either pany ;nay .lec, to terminate work for justifiable reasons. In this event. the Client si1aIl pay for ail work performed, including demobilization and reponing costs to complete the Ole. SECTION 14-SEVERABITJTY .-\.oy provisions of this agreement later held to violate a law or regulation shail be deemed void. and ail remaining provisions shail continue in force. However, Client and .-\ET will in good faith anempl m replace an invalid or unenfo=:ilile provision with one mar. is valid and enforceable, and which comes as dose as possible to expressing tile inrent of the original. provision. SECTION t5 - ENTIRE AGREEMENT This agre.ment, including attached appendices. is me entire agreement between AET and Clienr. Tnis agceemem nullifies any previous wrinen or oral agreements, including purchase/work orders. Any modifications to this agre.mem mus' be in writing. . 02DPMOll(3/96) .-\.iy!ERICAN ENGINEERlNG TESTING, INC. ~ AlIERlCA\ CONSUL T A.~JIS . GEOTECH~>JICAL .l. E\GI\EERl\G . MA TERIALS . ENVIRON,',1ENTAl TESmG, I\C, . American Engineering Testing, Inc. St. Paul, Minnesota FEE SCHEDULE (Effective January 1, 1998) ENVTRONMENTALSERVICESFEESCHEDULE Descriotion Unit Rate I. EngineeringlTechnical Personnel Rates A. EngineeringlEnvironmentaJ Technician I per hour S 43.00 B. Drill Crew Person per hour 49.00 C. EngineerioglEnvironmental Technician II, NDT Level II per hour 52.00 D. Technician Level II CWI/CBO per hour 60.00 E. Drill Crew Chief per hour 60.00 F. Senior Engineeriog Technician III, NDT Level III per hour 62.00 G. Engineeriog Assistant per hour 72.00 . H. Engineer I, Geologist I, Scientist I per hour 75.00 I. Senior Engineeriog Assistant, Engineer II, per hour 85.00 Geologist II, Scientist II J. Senior Engineer, Geologist, Scientist per hour 95.00 K. Priocipal Engineer per hour 114.00 L. Principal of Firm per hour 125.00 M. Litigation Preparation per hour 150.00 N. Deposition or Court Time (4-hour minimum) per hour 185.00 The rates presented are portal to portal, with vehicle mileage, expenses and equipment rentals being additional. Reduced rates may be negotiated for long-term projects. Overtime for personnel categories A-F charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at additional 25%. II. Vehicle Mileage (personnel time and rental extra) A. Personal AutomobilefIruck per mile 0.35 B. 3/4-ton Truck/Van per mile 0.48 C. I-ton or 2-ton Rig Auxiliary Truck per mile 0.60 D. I-ton Truck with Drill Rig per mile 0.65 E. 2Y:,-ton Truck with Drill Rig per mile 0.75 F. TraclOr/Lowboy Trailer per mile L05 . "AN AFFIRMATIVE ACTION EMPLOYER" 2102 University Ave. W. . St. Paul, MN 55114.612-659-9001. Fax 612-659-1379 Duluth. Mankato . Marshall. Rochester. Wausau ~- - - ----- . American Engineering Testing, Inc. 1998 Environmental Services Fee Schedule - Page 2 Descriotion Unit Rate III. Site Exploration Equipment Rental/Services A. Drilling Services (Includes drill rig, carrier and 2-person crew. Auxiliary vehicle extra.) 1. Rotary Drill on 4WD I-ton Truck per hour 145.00 2. Rotary Drill on 2WD 2\4-ton Truck per hour 156.00 , Rotary Drill on 4WD 2\4-ton Truck per hour 160.00 J. 4. Rotary Drill on All-Terrain Vehicle per hour l85.00 5. Portable, Non-rotary Rig per hour 156.00 B. Rig Auxiliary Vehicle Rental 1. 4-wheel Trailer per hour 5.00 2. 3/4-ton Truck per hour 10.00 3. I-ton or 2-ton Truck per hour 17.00 E. Environmental Equipment Rental/Service . 1. Photo ionization Detector per day 80.00 2. Flame Ionization Detector per day 95.00 , Peristaltic Pump per day 25.00 J. 4. 2" Submersible Pump per day 150.00 5. Dissolved Oxygen Meter per day 25.00 6. pH Meter per day 12.00 7. Conductivity Meter per day 12.00 8. Monitoring Well Sampling Kit (inc. bailer, gloves, etc.) per well 17.00 9. Monitoring Well Sampling Equipment (to 50') per day 70.00 10. Monitoring Well Sampling Equipment (deeper than 50') per day 90.00 I!. ISCO Wastewater Sampler per day 35.00 12. LEL Meter per day 25.00 13. Methane Meter per day 25.00 14. Air Velocity Meter per day 25.00 15. Level C Protective Gear quoted per job - 16. Level B Protective Gear quoted per job 17. Level A Protective Gear quoted per job 18. Confined Space Equipment quoted per job - 19. Coliwasa Sampler each 15.00 20. Bailers (Polypropylene) each 10.00 21. Bailers (Teflon) each 20.00 22. Vacuum Blower quoted per job 23. Groundwater Modeling Software per hour 25.00 . 24. Oil Water Interface Sensor per day 60.00 25. Well Rate of Recovery Equipment per day 150.00 American Engineering Testing, Inc. 1998 Environmental Services Fee Schedule - Page 3. DescDl'tion Unit Rate 26. Steam Cleaning Service (includes rental) a) Drill Rigff ools per clean 300.00 b) Down Hole Drill Tools Only per clean 200.00 27. Steam Cleaner per day 135.00 28. Portable Generator (220 volt) per day 25.00 VI. Expenses A. Direct Project Expenses: includes out-of-town per diem; plowing and tov.-iog; special equipment, materials and supplies; special travel, transportation and freight; subcontracted services, and miscellaneous costs COSt -;. 15% B. Equipment Replacement when Abandonment is more Feasible than Recovering Cost C. Equipment Recovery when required by Regulatory . Agencies or Project Specifications Cost"':'" l5% VIII. Clerical/Drafting Services and Rentals A. Personnel Rates 1. Word Processing Specialist per hour 42.00 2. Draftperson per hour 48.00 B. Report Reproduction I. Minimum (copying additional) per report 50.00 2. Copying per sheet 0.35 C. Facsimile Transmitting/Receiving per page 1.00 D. Computer and Software Rental (personnel time extra) 1. AutoCAD per hour 25.00 2. Air Dispersion Modeling per hour 25.00 3. Ground Water Modeling per hour 25.00 . --------------- JUN. -IS,'98(MON) 11:01 BRAUN INTERTEC TEL:6128334iOl P. 001 . BRAUN'" I NTE RTEC FacrlmY' Transmittal To, NJ/~- DVA/\/ ~ 57IrFFon..O &. C-r 7 Y' <:) ,:.. A../Z. 0 ?.-v I-IIc..(5; Fax Number: ~ (2- ) h3.J -., Z3 "3 '7 From: J"e (2('2 'r' WAL.t.-ErcJ L.> So Phone Number: e~:>3. '17 90 Dllte: (""f)-?f3, Number ofPngell: 7 { .J.t>/ L t-- VOf""? (t7vCVz.) OU A-rJ tC_ ./ H {r? ~ I -n-l f fJ/I. o,r.'dS/fc... ~R 7HE If ALI'h 'j 1,/12 V f V 'p/l./on 7"0 t:J Vi c...o ( ...... c- O'7Y'1 0 c..f "7t!'oA/ 1;7 T"H"i tlL(] e(7 V . /-fALL I.) U I C-O f./1JC~. (e -t t(:.s rl l4A-fV ,TPi 12(~ Y vvA LLfrLt V S c.. jJ.-L L '^-' ( 7 (0{ Ilrv't' Q u<;.r 7/0"",-,,S. I-lM<.O Co(:>'i r .5 (rV' 7'H( I'h/'f ( L.. The ilfforma/iotl contained in rhi.Jacsimile ltIt!Ssage may he privileged 01ld ca'!fidemial. II is intended only for Ihe lUe of the indlvid~al or entiry to wham It is sent. If rhe reciplem of .hi. Iran.sm/rral I. nOI rhe Imended recipient or all employee or ageJJt r/!SportS/hle '0 del/ver it ra rhe inrended recipiem. alr)! di...mllltlllan, disrrihut/on or copying of rhi. communication Is srrialy prohIbited. lfya,. have received Ihls cammunica.ian In error, please Immediarely tlatlll lU by telephone and return the original musage to ILf a. the addrt!S. /lsred helaw via the Unlred States Poslol Service. Braun Tntertee Corporation 6875 Washington Avenue South P,D, Box 39108 Mil1lleapolis, MN 55439-<JI08 Receptionistl:'hone: (612) 941-5600 Fax: (612) 833-4701 . Q:rllx\Forrm ----~--- ---.--- JUN. -15' 98 (MONI 11: 0 1 BRAUN INTERTEC TEL:6128334701 P. 002 BRAUN" Braun Inrertec Corpon::I'ion 6875 Wo,hlngtan A..nu. Soolh P.O. ao. 39108 I NTE RTEC Minl1sQpoIis. Minne60lc ,55439-010B . 612-941-5600 fa><, 9.012-48<< En.glnerm and Sdsnli~1s SeIYing the BLJift t:J~eJ NQIl.JfOI cnvlfonnUlnJf'" June 15, 1998 Proposal No. CMXX-98-P0378 Mr. Duane Stafford City of Aroen Hills 4364 Round Lake Road Arden Hills, Minnesota 55122 Dear Mr. Stafford: Re: Proposed Services and COSt Estimates: Asbestos Building Inspection prior to building deroolition, Braun Tntertec Corporation (Bralln Intenec) is pleased to present this pr(lposal to provide services and cost llSlimlltell for an asbestos building inspection prior [0 building demolition at the former city hall buiiding located at 1450 We.~t Highway 96 in Arden Hills, Minnesota. You requested a service outline and cost estimates during our phone conversation on June 10, 1998. This proposal is broken down inw three sections. . . Scope of Services . Cost Estimates . General Information The contact person for this project is Jerry Wallerius at (612) 833-4780. Scope of Services The inspection of former city hall building located at 1450 West Highway 96 in Arden Hills, Minnesota will be conducted by experienced and accredited asbestos building inspector, Our on- site representatives will do the following. . Visually examine accessible areas and identify the locatillns of suspect asbestos-containing building materials (ACBM). . Collect representative bulk samples of materials suspected of containing asbestos. Examples of materials to be collecte<.l for analysis include, but are not limited lll: floor tile. sheet vinyl flooring. wall anel ceiling plaster, suspended and acoustkal ceiling tile, gypsum board, thermal system insulation, text1.lred ceiling material and fireproofing. . Document the current condition and friability of the materials and any visllal surface contamination. . . Assign a hazard rating based on asbeS[\ls content with respect to the material's condition, friability, accessibility, and ha:;zard potential. ------.-.------- JUN. -15' 98(MON) 11: 02 BRAUN INTERTEC TEL:6128334701 P. 003 City of Arden Hills . Proposal No. CMXX-98-P0378 June 15, 1998 Page 2 . Estimate quanlities for each suspect ACBM. . Generate a linal report documenting the sample locations, analysis results, hazard ratings assigned and estimated quantities. Cost Estimates <;L<>/:';,;:~::'Di:i,~hpli6~>:\:>"::' ',,', ',,'. "':,',, <..' " :}<:; >p'il~f';"){:i{), A<:credited Asb""lo. Building Inspector $350,00 (Includes pr<l'arario/l, sile a/ld Iravel rimes) Bulk Analysis PLM (Polarized Ligh, Microscopy) $,00.00 - 20.'ample.>' at $15,00 per .ample E~pen"". .$ 30.00 Report $170.00 . TlIt~1 $850.00 General Information Prices quoted in this proposal are not subject to change within a GO-day period. Terms for payment of services are due upon receipt of our invoice in accordance with the attached General Conditions (2/1/96). Rates for technician time, sample analysis and mileage are tixed. All other figure.~ such as number of hours for the survey. number of samples, report time, etc, are e.<timated. Consequently, our actual cost may be higher or I\lwer depending on the site conditions encountered. The total projected cost will not he exceede<! hy more than 10 percent without additional authorization. A sllrvey of this nature requires our on-site representatives to he provi<leu access to all rooms, closets, mechanical rooms, etc. Floor plans of the buiiding and an overall site plan would be helpful. Sampling of materials for asbestos content involves the collection of a small piece ()f that material. Some damage is inevitable. However, every effort will be made to limit cuts and holes to discreet locations. Our tepresentatives will not b~ responsible for tepairing materials damaged during sampling. . ------- --- -- JUN. -IS' 98 (MON) 11:02 BRAUN INTERTEC TEL:6128334iOI p, 004 City of Arden Hills Prnposal No. CMXX-98-P0378 June 15, 1998 . Page 3 Unless specifically note.d, this inspection will be limited to areas available for access by non- destructive means, In any building the potential exislS for asbestos-containing materials to be located iMide walls, above plasler or gypsum board ceilings, and other inaccessible areas. Braun Inlertec cannot be held responsible for the presence of such materials unless explicit authorization is made by the c1iem to destructively access these areas for inspection. The Braun Intertec personnel conducting the survey are fully accredited building inspectors, in accordance with EPA regulations. Our microscopy laboratory is fully accredited for polarized Iigbt microscopy (PLM) asbestos bulk sample analysis by the National Institute of Standards and Technology's (NIST) National Voluntary Laboratory Accreditation Program (NVLAP 1101234), Quality control information is avaiMlle upon request. This proposal has been submitted in duplicate. Please sign and return one original authorizing Braun Intertec to proceed with the specified scope of services. We look forward to working with you. If YOll have questions or if we can be of further assistance, please call Jerry Wallerius at (612) 833-4780. Sincerely. . Gerald Walleriu Environmental Scientist tGlt~"" Icll~ S T Jl'" Gregg Kruse Senior Scientist Attachment: General Conditions (211/96) 1101,.., \cll~a\$lBlmb, Ipn.J(~l POl 7H~{)1. wpd . JUN, -IS' 98!MON) 11:02 BRAUN INTERTEC TEL:6128334701 p, 005 City of Arden Hills . Proposal No. CMXX-98-P0378 June 15, 1998 Page 4 Please proceed according to the above-stated terms. Date Client Name Authorizer's Name (printed) Authorizer's Signature Title . . JUN. -IS. 98IMON) 1]:02 BRAUN INTERTEC TEL:6128334iOl P. 006 . BRAUNsM GeneralCOnaffions INTERTEC Our agreement wHh you conxislS of these So<,;.", 2; Your lIe1po",ibi/ili.. 2.5 Neither this ilgreemefIJ no!' th~ Gcn~rnl Conditions I'nd the a.ccompanyin~ 2.] YOI.I ~il1 rrovide I;ICCOs" to the site, We providing of sel"\'iCeA will operate to make written proposal or authoriution. will UH~ r~~onable care to minimize 1.1& an OWner, open1l.0r. g,cnt:nlor, tran!~ dumilgc to lbc site. In Ule cOUt&e. of our porter, tr~~r, .storer, or It disposal fBcHhy Sa:1ion I: Our '..pan.ibilili.. work ~ome sile damage iR norrnlll eyeD within tho meaning of the R.es.ourct 1.1 We will provide the professional when llL:rt ~rc it> exercise-d. We have not Conser.'Jtlol'\ Re-cover)' Act, as amended, services dC9cribc4 in our wrjUen ngree- incJuded the cost of res~or.,uon of nonnlll or wilhin the meaning of any o~her]aw ment with you. We will pJ"O\li4c )IOU with damt\ge in the e.litimll~ c:harg;efl. At your governing the ~iUldJjng, trelttment. litorugc, written reporlR conu:lining profcuional option and expense, we will COITect or diSpoAAl of hazardous matoriaJl!. You opinions Rod n::commend&uons. In normal dWTlsga. We a.gree to be yt:fl,pon- il.gree 10 hold liS hannless afld indemnify pedonning our services. UJ~ ,...iIlI.UIC that sibl~ for damage that il1 cauRed by OlJI" us from any such cla.im or lufl,,'l, degre~ of care Md !'ikill ()rdinurily neglisence. e:1crcilied under ~imilar circumstance,. by 2.6 Drilling. well im!:t.lllludon, and rcpuwblc mcmbcn of our profes$jon 2.2 You agreo [0 provide us, 1n II timely rcmcdiHtion services m.l\Y involve risk of practicing in the same locality, mllnfler, with the information thal.t you cross-contamintUion of previously . have regOJ'dlns huried objccts located at uncCl1HMlinQrtcl air, lloil. Imd water. If you 1,2 Our "Yl3rk will be conducted using Lhe: fii~, Unm we have completed OUt (jelL! Dre n:qucsring that we provide services npproprillle proccdufc5 und protocols. If wOrk. you l'Igrea [0 provide us with nil that include this risl<, yo~ ngrcc t(l, hold us you dircc:1 Uti to deviate from our recom~ your plans, chllnge.s in plans,lInd new hannIess alld ;ndemniry U~ from cro.9S~ mended proc~dtlre.&, you ~sree to hold us inform<1tion dllJt refer lo "i~1;.l conditions, COOt:unjnlltian claim~ and damages, uu].es.s harmless from all cl.Q.imli, dumilgoB, and You OS"'" 10 hold u, hflrnlles, (ram all ~1l: 10~!l itl c~u9c:d by our negligence. expensesl1fising out ofycuT direction, claim!>, dlJmllges, losses, and rt:la.ted oxpen6es involving: buried objecl.s of 2.1 YOtl ilgree ~ mak~ diHClosures 1.3 There is iln inherent ritlk thHt samples which you had knowledge but did not requi~d by Iltw, In the eve.n~ you do not or observation/\ ma-y not bel representative timely ca.n La our lItre.ntion Dr correctly O'lVn tho sile, you ac.lcnowledj:;e LhnL il i~ of things noL 5amplt~d or seen and. mrtlu:l'. chow all the pLJ.fIs fUlniflhed tu UI:l. your duty [0 inform the (lwnt:!r of the lhllL conditions .may c.hnuge over l.im~. Wo discovel'y Or n:lcutlc of contamin<l.nts Pt ~he will reference our field ('IbliCN!Hions and 2,.J You will be responsible for tbe site, You ttgree to hold us hlU'mleilli and smpling to availllble referenee points. We coopcrntion of your employee.<! ind your indc.mnify us; fronl aU clnim/l. related to wm not survey. s=t, or check the OCCUJ'a[l)l contrnl:tors in obse.r\ling 1411 ntdhlfion discloslJrel1 made hy us that Bre required of lhoac points unless \lie accept that duly safety Gt.l\nda.tdEi aflcr WOo notify YOll thlU by Ia.w and from all cJil.lmS related lO the in writing, l'iJdio~raphic or gamrn:t ray equipment Or informing or faihue to inForm lhe sire olhr;:r nuclQar testinG at meU..'iunng deviCC!s owner of the.: dil!covery of contam..i11Wts, 1.4 Our duties do nO~ include supervising ure to be employed by U'1, Seclian 3: lI.parts ond 'flCard. your contr~croT1l Or commentinl1 on, overseeing, or providing the meCU'lI! 2lnd 2.4 You will n('llify us of any knowledge 3,] We wiH furnish repan., to you in methods of their work. unlel'li we llcc.cpt Dr sU!lplcion uf lhc presence ofhaurdous: duplicate., We win reraln lJ.nnJyticlIl d'l.ta for thosc a.l\.lnelt in writing, We will nn(: be mdterialB in !Ul.mplc.s provided [0 lJS. You seven ye<lfS .nnd fimmciol4l data for three respon~ible for thd fJ\ilure of your will provicle UR wHh informlUion in youI' years relnting La the lI(:r...ic~ p~rformed, conU'llctOIli to perform in 4ccarll~nce with posses&jon or control relating to e.anunnl- Uu:ir L1ndc:rt.a.kings,.iU1d tlle providing of nDljnn ltt Lh0 site.lf we Obllel'VG or suspect 3.2 All f1l1mple:1J remnining after te",-.; are OUT /'Ic;rvices will 110~ rellt:Wc; othr=.I'3 of theif ~he prellencc of cotllaminanlf4 not conduclec.l und fiold and laborLllory TeApomibilides to you or to orhers, anticipated in our .nf;r~~mcnr, we may eq\.li['lmc.nt UlQt C!UlllO[ be adcqutltoly 1.5 We will provide II heaJth oll1d aare~y terminnte our work wilhoutliobility to you ch::untlcd of c:ontnminant.'3 nfe your OJ' othel'I1, and wc will be paid for th~ propel'ty, 'They will be djscBtde4 Or program for our employees, but We will !'icrvices ~~ have provideti, returned v) yOll, llt OUI' di&cret;on, unless . not be respoMihle for contractor, jab, or wirhin 15 dlJYs of the report cJulc you give sile health or liarcty unless \I,Ie nccept th8t duty in writing;_ JUN. -IS'98(MON) 11: 03 BRAUN INTERTEC TEL:6l28334iOl P. 007 . "'rillen direction '0 ''''''' 0' ".n.fer lho SecliQII 5: Di.pu"",, 5.6 If we Dte involved in Icgwllction to ml:ileriah.. iU. you.. expense. DamogB am" /Ii.1e Allocalion Cll1]ccl Ollr c:ornpenution, you agree ta pey 5.1 Dispures will bt; lJubmiltcd to our collection e:r;:pentiCl~. incluciinB 3.3 OUT reports, notes I cLlI(;UIQ.~ionll. nod AltemEllive DJ'pUle RcsoMion (ADR).s. reilSPnuble tmomc:y fe~. If YOij mQ.k:e a atht;T documenu ate iMtrumcnts of our condHion precedent 10 liLigArion. &ch of clttim IIg111nsllls th&lt if!; reMllved in OUf !i(:lrvice to you. OUT reports are for your OJ; will exer(!jse sa('l()' fuiili efforts to favor, you will reimburse our costs. of ulle onl~ for the purposes discJo/'u:d to \IS, re.!:iolve di!lpul.clllhroQgh a muIUQ.)!y defenae. inclLlding but not Hmited to YOll m~y not transfer our report..'J l..c others ilCCe:pUlbk ADR procedure. Collections TC~,.onllble anomer and e~pen WUntti8 at lUc rhem for 3. purpose for which they will nol be ,ubmilled to API<, All dlspules fccs, were not prepQled wilhol.ll O\,lf written will be ~ovcmed by the 1.'1' of ilie 'tate in S""tian 6: Gen.ra/lnclemnifiea~an upproval, which will nor be unreasonably which our &cevicing office is locate<!. withheld, A[ your requclotr, we will pl"O\lid~ 6.1 We will Indemnify ""d Ilold you cndOI'SetllenlJi M l,"lur reports ol'leucrl; or 5.2 We "'ill nor be HabJ. for spec;.I. hDrrnl~B from alld agmn&t demands, reJiance, bUI only if the reciprcnl,..; ngrcc to incidenJ.QI, consequential. or punilive damages, lUld el.penlleil cau!lal by our be bound by the terms of Cl\.n ItgTccment dilmllgcs, including bUt m)~ limited to negligent QCt..~ and omissions, and breach and only if we are PQid Ihe tldministrDlive those lU'is.iog from delay, loss of lI.!le, lOI;R of COntrul::1 and those .Llctl:, Qmitl~ion!l, and rco stated ill Our l.hcn. current Sche4lJlc (Iof of profits or n:vcnuc, loss offinoncing brt:achcs of persons for whom We are Chnrgell_ cOfTlmitments or fees, or the cO!ll Qf I.g.lly ....pon.qible. You ",W indemnify CApltl'l1. and hold LI~ harmless from Md .guinB~ 3.4 If YOll do not ray for our .!Ier"ice,<;j 1.1" dCIllilnds1 d8.Jnage4, I1nd expcllBcs qused agreed, We ml.lY rct."lin all repons And work: 5.3 Wr. will nor be lIable for dttm"ges by your negligenf HCrs and ornistl.ionR. ami nat yc:~ dt:livcrcd [0 you Qnd 1.1.11 reports .Llod unless suit is commenced within two yeJU10 breach or conlrB.ct and those a~l.'I, other work in )'OlJr pOllRi~!Iion must be of the d.llte ofinJl.lry or loss or wiUlin two l'lmilisions, and breach~ of pcnlons for rdumCfi to Us. ReP<Hts nnd olber work yeats of the WLlc of Lhc completil"Jn of our whom you lU'e tegQlly responsible. may not be IUll;d by YOLl 1'01' an)' plJrp08C &erViCC8, whichever ill earlier. We will not whlllsot;vc:r uJ1Iillhey are pnid rC'1r in lull. be liable unless you hu.\ie notitied lI,!i of the 6.2 Tolhc c:lI;tcmt that mny be nCCC!l:,lary IO di!lco1lcry or the clu.imcd breach of imlc:mnify either of us under Section 6.], StJCffon 41 ComPfJnsQHon oontrac(1 negligent lict, or omission within you and we e.xpfe!tlily wuivc, in favor of 4,1 YOll will p.Lly for services as agreed 30 daYlOof Ihc date of dis~overy I.lnd unless me other onl)', uny irnnlUn.ity or exemption upon or ilCcanJing to our [hen current YOll hHve gi1lel1lts 1lI1 oPvorlunily to f"rom liability !.hat eXiStll under any worbr SchedLlle MChnrges iffhere 1~ no ather invcstigale and ~11 recommend wny~ of compensation lo.'UJ, . wrinen I:lgfC!emenl as ~o price. An micig.Llting tJuml:lgos. eSlimarcd COGt is not a lirm figure unlcNti S.."'ion 7: 1t'J.<.//anllOu. ProviliG". .sI.Rted as such. S... For )'ou to obtain Ihe benefit: of a fee 7.1 We wiH provide u ct:;nificatc of whie:h Jnclud~,'\ u rCIlsonabJe allowance for insufiUlce to you upon reqIJe.&t.. 4.2 You wilJ notify u" ')fbilling disput.ctl l'islq" you ugn:c: thut our n{::gn:gnte liability wilhin is day". Yo~ '-Yilt pay all unui!l- will nol e:ll;ceed the fee pi1fd for OPT 7.2 Thill agreement if! our ontire agree.. [HUed portion,.. ofjnvojce& on r~cctpt.. You ,'iervices or $.50,000, whichever is s:r~tcr. mont, and it ~lJpenledes flU prior agree- agree l.h puy inmrest on Unpaid balances and you agree ro indomnify UIl from JIll menbL It may be modified only in writing beginning 30 days QTter invoice di:lte& at 1iabUi~y ~o ol.hcrs in el(~eM of thftt nmount. milking Ilpc:cific: reference h>!he provjsioQ ~hc Tutc of 1.5% pt:r month, but flot l.o If )'llU lire unwilljf'1g to ucccpt dlis modi fled, e;l.cec.d the mUJl:imum rnte .Llllowctl by law. E1.lloClllioll of risk. we ~iJJ increase our ngg:regi.lte 1 i<lbi Illy III $100,000 provided 7.3 Neither of us will assign thi~ 4.3 If you diIUt us to invoice another. we thllt. within 10 d<tys of (he dlltc nfrhis agreement without !:he. wriUen Il.pprovi1J of will do liD, bUl you agree to tx. respol1/iiblt: agrel::JI1ent, YClU provide pnyment in an the other, bur we mlJY lIubconOBct work 8lI for our compl!nsatian unless you provide anlOI..m~ whic:h U1H1 incre~lso our leeR by wc deem necel1'iUT)', us with that per1\On's written accepfuncc of '0%, hilt nol lea~ In<ln $500, [0 compen- 1:111 rcrms or our ugrccmefll und wo c.xtend safe us for lhc greater riSK ~fldennkl!n. 7.4 'fhi'f agreement may be t~rm1nntelJ by credil This increased f~c is not Ihc pmchas;~ or Il writing. We ~ill Tl;Ccive.LlJl equiuble: in~urtlm:c:. YOLlr cht:ek: should be forwl!l'ded adju8tmen[ or our compen~a\ion. 4.4 You i1gree to compensate U-'i for our 10 the L<l.w Deptlrlment at P.O. Box: 391Q8, rea5ol1Ll.ble fees and expen,~es if we are MiMe")>"li" MN 55439-0J08, ""d rerer 7.5 It is e:ustamil-I')' for the cQnI.ullJl.m that required 10 responc.l ta legnl proeesR arhiing to uur propos.41 or project nUITlber, providea dc~ign rec:olnmendOlliClns to be oul of u proceeding Illl to which we UTe nol retained 10 provide o"~er".iltion and related q pUTty. 5.S IfyolJ f4il to pOly us whhin 60 dAYS service~ dl.1ring construction or remodiil.~ following invojce dalt:, we Illay canliidcr tiol'\ work. lfwc are no~ retttincd to provide 4.5 1f we nrr; delayed by fuctors beyond tll~ dcfuult tI tOtOo} bre~lch of our agreement continuing servj~, YOLl ugree to hald 'U.!I our cO'Hrul. or if proj~t condition:; Or the <l.nd, ur OU1' opuon, Icrmill,ue wT of our hntmlCS!i from all claims, losses, Und ,'lCOpC Of 4m'lunl of work change, Of if the duticll without liij,bili~y to YOll or to others, expenl>Cili 8ns1t1g OUt of any imetprellltions. liumdards or me~hods chlU\ge::, WI! will give cla..ificlltion,<;i" ~ul'l,;.rifutianll. ar ml'\dificn- YOI.f timely noti~e and we will receive nil lions of our work ptO"',<Je.d by you or egUil.blC .djus<mcnt of oW" compensation. olhel's. Rev;,,,,, 2-1-96 MAXIM TECHNOLOGIES INC . RECEIVED June 9, 1998 JUN 11 1998 mY t)fAROOI mus Mr. Duane Stafford City of Arden Hills 4364 Round Lake Road Arden Hills, MN 55112 Re: AHERA Asbestos Survey for Demolition Old City Hall Arden Hills, Minnesota Maxim Proposal #30098-1459 Dear Mr. Stafford: Maxim Technologies, Inc. (Maxim) is pleased to submit this cost estimate to conduct an Asbestos Hazard Emergency Response Act (A HERA) and Minnesota Department of Health (MDH) approved Asbestos Survey in preparation for the demolition of the old city hall in Arden Hills, . Minnesota. Included with this letter are the following documents: . Proposed Scope of Services . Standard Form of Agreement We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you have any questions, please feel free to call me at 659-7596. Sincerely, MAXIM TECHNOLOGIES, INC. ~~ 5 /1l;Z~il-- Britt E. Machacek, EIT Project Manager enclosures . 662 Cromwell Avenue. St. Paul, MN 55114-1776' 612-645-3601' Fax: 612-659-7348 Austin Research Engineers. Chen-Northern. Empire Soils Investiga1ions Kansas City Testing. Southwestern Laboratories. Twin City Testing An Affirmative Action ("~ Equal Opportunity Employer 4i ---- -~--- PROPOSED SCOPE OF SERVICES Old City Hall, Arden Hills, Minnesota . June 9, ]998 1.0 ASBESTOS SURVEY Maxim will conduct an inspection of the building in accordance with Asbestos Hazard Emergency Response Act (AHERA) and Minnesota Department of Health (MDH) requirements. All sampling activities will be performed by a Minnesota certified Asbestos Inspector. All samples of bulk suspect asbestos-containing materials (ACM) will be collected in accordance with established chain-of-custody protocol and analyzed in one of our National Voluntary Lab Accreditation Program (NVLAP) accredited laboratories. We will require access to all areas in the building, including crawl spaces, closets, etc. We will investigate, under the direction of your representative, inaccessible areas, such as the inside of walls, to determine if ACM are present. However, we will only conduct destructive sampling at the request and direction of your representative. We will limit the area of destructive sampling at each location to one square-inch unless otherwise directed. Maxim will not be responsible for repairing the area of any sample location. However, Maxim will be responsible for the cleaning of accidentally released bulk material during sample collection. In addition, Maxim will temporarily patch the covering of thermal insulation with encapsulant and/or a good grade of duct tape. . Bulk sampling will be performed as follows: Friable Suifacing Materials: Three, five or seven samples from each homogeneous area, depending upon the size of the homogeneous area. Thermal Systems Insulation: At least three samples from each homogeneous area. Miscellaneous Materials: At least three samples from each homogeneous area of friable and non-friable miscellaneous material (floor tile and mastic, ceiling tile, roofmg materials, cement board, etc.). The homogeneous areas of suspect materials present will be estimated. The materials will be classified according to AHERA guidelines and an estimated minimum number of samples will be collected. Samples from each material group will be analyzed by polarized light microscopy (PLM) using a positive stop method. If a sample is tested positive, other samples from that homogeneous area will be held, but not analyzed. 2.0 PROJECT SCHEDULE Maxim is prepared to commence work on the Asbestos Survey within 5 working days after . receiving notification and written authorization to proceed. A final report will be issued within 15 working days following the completion of the field sampling activities. Maxim Proposal #30098-1459 Page 1 Old City HaU, Arden Hills, Minnesota June 9, 1998 . 3.0 PRICE ESTIMATE Billing for the Asbestos Survey will be on a time and materials basis and will not exceed the following cost estimate without prior written approval: Project Manager 1.5 hour @ $75.00/hour $112.50 Report Preparer 4 hours @ $55.00/hour $220.00 Drafter 4 hours @ $42.00/hour $168.00 Senior Report Reviewer 1 hour @ $75.00/hour $75.00 Asbestos Inspector 6 hours @ $45.00/hour $270.00 Sample Analysis (PLM) 50 samples @ $12.00/sample $600.00 Miscellaneous Expenses $29.50 TOTAL $1,475.00 4.0 CONDITIONS OF ENGAGEMENT This proposal for services may be accepted by executing the Standard Form of Agreement, initialing the Terms and Conditions on the reverse and returning it to Maxim. The total fee is due within 30 days of the receipt of the invoice. This proposal and the Standard Form of Agreement . shall constitute the entire agreement between the parties. . Maxim Proposal #30098-1459 Page 2 / Maxim Project Number: , TECHNOLOGIES INC . STANDARD FORM OF AGREEMENT TO ENGAGE THE SERVICES OF MAXIM TECHNOLOGIES, INC. THIS AGREEMENT, entered into on the day of ,19 98 by City of Arden Hills ("Client"). and Maxim Technologies, Inc. (";\Iaxim"), located at: 662 Cromwell Avenue, St. Paul, Minnesota 55114-1776 A. The "Project" is described as: Old CitY Hall Arden Hills. Minnesota B. Maxim will perform professional services for Client as follows: AHERA Asbestos Survey for Demolition, per attached Scope of Services dated 6/9/98 (Maxim Proposal No. 30098-1459) . C. Client will compensate Maxim for services as follows: Time and materials estimated at $1,475.00, per attached Scope of Services dated 6/9/98 (Maxim Proposal No. 30098-1459) This price is valid for thirty days from date above. Invoices are due upon receipt. A late payment FINANCE CHARGE will be charged at the periodic rate of 1.5'7< per month (or the maximum allowed by law) on any balance remaining unpaid 30 days after the date of the invoice. D. Client Contact: Company: City of Arden Hills contact: Duane Stafford Address: 4364 Round Lake Road phone: (612) 633-5676 Arden Hills, MN 55112 fax: (612) 633-7839 MAXIM TECHNOLOGIES, I"C. CLIENT: CITY OF ARDEN HILLS A Delaware corporation By: ~/~ By: Name: Britt E. Macek, EIT Name: Title: Project Manager Title: . By signing this Agreement, Client assents to the terms and conditions set forth above and on the reverse side hereof. WHITE-LEGAL YELLOW-FILE PINK-ACCOUNTING GOLOENROD-CLlENT --~--~_..- -----~-~_---.---.~~_..~,.~--~............~""=""=,."-..,~'.,-.~- -,---- , , CITY OF ARDEN HILLS . MEMORANDUM DATE: June 25, 1998 TO: Mayor and City Council FROM: Brian Fritsinger, City Administrat@ SUBJECT: Negotiated Renewal Franchise with Meredith Cable Background As the Council is aware, the North Suburban Cable Commission ("Commission") has completed an over three-year process of negotiations with the cable company resulting in a proposed renewed cable franchise being recommended to the member cities of the Commission. The federal law proscribes the structure of the negotiations and limits the authority of the cities to deny the renewal. While the renewal is not automatic, the City may also not arbitrarily deny renewal. Basically, the City must renew the franchise unless the cable company fails to meet an identified community need, considcring the cost of meeting that need. Therefore, the Commission undertook an extensive community needs assessment which all cities . participated in and the results of which were reviewed over a year ago. Since then, extensive negotiations have been undertaken to arrive at a system which the Commission recommends does meet the identified community needs of the member cities, considering the cost of meeting those needs. Attached is a proposed franchise which incorporates the negotiations with the cable company. The attached franchise is recommended by the Commission for the member communities. Please note that the system is a ten (10) city system, and the franchises for all ten (10) cities are identical, except for individual city definition and notice sections. For consistency and enforcement purposes, the proposed franchise is in much the same form as the current franchise. There are, however, some significant changes which are highlighted below. Sil!nificant Agrccment Changes 1. "Cable Service" is defined as the state and federal law from time to time will define it. However, included in the definition, regardless of the federal law definition are Institutional Network services, which will no doubt include significant data transmission service. This will provide adequate flexibility for the document in an environment of ever changing kinds of cable services. . . Memorandum, Negotiated Renewal Franchise with Meredith Cable Page Two June 25, 1998 . 2. "Gross Revenue," upon which the company pays a five percent (5%) franchise fee, is expanded not only to include revenue from all Cable Services, as defined above, but also makes clear that fees for such presumed revenue producers as advertising, Internet service, and cable modem service will be captured for the purpose of collecting City revenue. It is anticipated as technology changes occur, the member cities will increase revenues in the areas identified. Other Cable Commissions have not typically been able to negotiate these items into their franchise agreement. , The franchise is still "non-exclusive" which is required by law. Therefore, the City can j. grant franchises to as many competitors as it may wish in order to provide service in the City. 4. The franchise term is for fifteen (15) years. This is standard around the country and is argued by the company to be necessary for them to adequately finance the significant upgrade of the cable system. Some policy makers argue that a shorter term will give the system more flexibility to be upgraded and give the City more leverage in "getting things" from the company. The past franchise was for fifteen (15) years, and the systems were constantly and significantly upgraded, this being in the best interest of the company anyway. The Commission recommends a fifteen (15) year franchise. There is some belief that laws are changing in such a manner that franchising as we now . know it will be eliminated. As a result, while historically cable companies have needed the long-term agreements to finance their business operations, many are agreeing to short- term agreements. 5. The franchise is for the corporate boundaries of the City, but the system is really one system for the ten (10) city area, and is required to be interconnected with the systems which border the ten (10) city area. The Commission required this in an attempt to keep the North Suburban System a part of a greater metropolitan communications network, especially since many of the school district boundaries and the county boundaries extend beyond the ten (10) city area. 6. Subscriber and Institutional Network drops must be provided to all institutions listed in Exhibit B. Staflhas included the following Arden Hills locations in this document: . City Hall . Maintenance Garage . Ramsey County Library . Mounds View High School . Valentine Hills Elementary School . Bethel College . Lake Johanna Volunteer Fire Department, Station #1 . Army Reserve Center . i , Memorandum, Negotiated Renewal Franchise mth Meredith Cable . Page Three June 25, 1998 In addition, we are still discussing whether any lift stations should be included for future SCADA systems. The institutions will be connected to both networks free of charge and current uses will continue free of charge. Additionally, three (3) upstream and three (3) downstream channels mil be provided for non-video purposes, free of charge, with additional non- video use of this network provided for "cost plus 45%" or the "most favorable comparable user rate." For the six fibers to the nodes, additional use of these fibers mil be on an "actual cost only" basis. 7. Construction will be completed on or before November 30, 2000. 8. The new franchise has attempted to interface with right-of-way ordinances. Since Arden Hills has not adopted such an ordinance, the franchise needed to answer questions regarding construction or access to rights-of-way in the City. However, should Arden Hills adopt such an ordinance, that ordinance will pre-empt the franchise in Section 3, construction standards and permitting, and 8.5(c), mapping. In all other situations, the cable franchise will prevail over conflicting ordinances, except for those other situations where the City is involved in a lawful exercise of its police power. . 9. Undergrounding. The company will have to put any new construction underground where all other utility lines are underground, unless the City elects to require otherwise. In other words, the City has complete authority to require whatever policy it wishes in this area. Absent such an action, the general rule, above, will apply to the cable company. 10. A performance bond of$500,000 will be maintained by the company, and the company will be fully insured and agrees to defend, hold harmless and indemnify the City regarding any action of Grantee related to the franchise and any action resulting from the City's administration or enforcement of the franchise. 11. The company must maintain a $25,000 Letter of Credit per City from which the City may draw monies to enforce various penalties and fines delineated in the franchise. 12. The City retains the authority to review any qualifying transfer of ownership. The City further retains its right to purchase the system for the value of the consideration proposed in such a transaction. The major provisions of the franchise are not substantively changed from the previous franchise except to bring the document in compliance with current law. . - Memorandum, Negotiated Renewal Franchise v.ith Meredith Cable Page Four June 25, 1998 . Requested Action The City Council is asked to adopt Ordinance No. 307 and direct the City Administrator to publish a summary of this ordinance in accordance with Minnesota State Statutes. BF/sls . . CITY OF ARDEN HILLS . COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE SUMMARY ORDINANCE NO. 307 "AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF ARDEN HILLS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE." On the 29th day of June, 1998, the Arden Hills City Council adopted Ordinance No. 307, and pursuant to local and Minnesota State law by five affim1ative votes, directed that a summary of the ordinance be published in the City's Official Newspaper, and that a printed copy of Ordinance No. 307 be posted on the City's bulletin board and otherwise be made available for inspection by any person during regular business hours at the office of the City Administrator at 4364 West Round Lake Road, Arden Hills, MN 55112. STATEMENT OF INTENT AND PURPOSE . The City intends, by the adoption of this Franchise, to bring about the further development ofa Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgement of the Council, in the best interests of the City and its residents. FINDINGS The City Council makes the following findings: I. The company technical ability, financial condition, legal qualifications, and character were considered and approved; 2. The company plans for constructing, upgrading, and operating the System were considered and found adequate and feasible; , The Franchise complies with applicable laws and regulations; and ~. 4. The Franchise is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS This Section names the Franchise Ordinance as the Cable franchise Ordinance and contains many definitions regarding the Cable System. . ~ PAGE TWO ORDINANCE NO. 307 JUNE 29, 1998 SECTION 2. . GRANT OF AUTHORITY AND GENERAL PROVISIONS This Section grants a nonexclusive, fifteen (15) year Franchise, pursuant to the company's proposal and additional requirements contained int he Franchise. This Section further provides for free subscriber service to designated public and educational institutions. SECTION 3. CONSTRUCTION STANDARDS This Section provides for permitting requirements, construction code compliance, undergrounding requirements, and other conditions on the use of the Rights-of-Way. SECTION 4. DESIGN PROVISIONS This Section provides for the construction of a System providing 750 MHZ capacity and which is fully activated with the capability of a minimum of up to eight-one (81) video channels. The company will develop, construct, and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and other competitive services which shall be activated as Marketplace Need dictates. . The company will complete all construction related to the System upgrade on or before November 30, 2000. The Section contains requirements regarding testing and technical standards and provides for four (4) channels to be interconnected with all adjoining cable systems. SECTION 5. SERVICE PROVISIONS This Section provides for rate regulation when permitted by law, customer service standards, late fees and subscriber contracts. SECTION 6. ACCESS CHANNEL(S) PROVISIONS The company will provide twelve (12) channels for public, education and government programming. The company will continue to comply with all requirements regarding community programming operations and funding, and in addition will increase the funding by $667,286 over the life of the Franchise. . . PAGE THREE ORDINANCE NO. 307 JUNE 29, 1998 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS This Section contains provisions requiring the company to dedicate certain capacity for use by designated institutions, and contains terms and conditions for the usage and performance of this institutional network. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS This Section contains provisions requiring the company to pay quarterly to City, or its delegatee, a franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In addition, the City shall have the right to require the company to provide copies of any records, and the company must file with the City a report of all Gross Revenues and shall furnish such other reasonable reports with respect to operations as may be required. Ifrequested, the company shall furnish the maps, plats, and permanent records of the location and character of all facilities. Finally, the City may require evaluation sessions at any time during the term of this Franchise. As a result of the review session, the company will meet with City and undertake good faith efforts to reach agreement on changes and modifications to the Franchise which are both . economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS This Section contains provisions requiring the company to furnish a performance bond to City in the amount of$500,000 and deliver to City an unconditional Letter of Credit from a National or State Bank approved by City in the amount of$25,000 to secure compliance with the terms of the Franchise. In addition, this Section provides that the City and its agents shall not be liable for any loss or damage arising out of any action of the company with respect to this Franchise. Finally, as a part of the indemnification above, the company shall maintain a comprehensive general liability insurance policy for any and all damages and penalties which may arise as a result of this Franchise in the sum of not less than $1,000,000 for personal injury or death of any one Person, and $2,000,000 for personal injury or death of two or more Persons in anyone occurrence, $500,000 for property damage to anyone person and $2,000,000 for property damage resulting from anyone act or occurrence. . ------ ~-~ PAGE FOUR ORDINANCE NO. 307 JUNE 29, 1998 SECTION 10. . SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE This Section provides that the City reserves the right to revoke this Franchise, if it is determined by City that the company has violated material provision(s) of this Franchise, has attempted to evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This Section also contains provisions regarding abandonment of service and removal of equipment and requires that the company receive approval prior to sale or transfer. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS This Section prohibits discrimination and requires subscriber privacy by the company. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS This Section prohibits unauthorized connections to the System or damage to the System. SECTION 13. MISCELLANEOUS PROVISIONS This Section contains a variety of requirements concerning Franchise renewal, amendments, . compliance with applicable law, and interpretation of the Franchise. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS This Section requires that the Franchise be published in accordance with applicable local and Minnesota Jaw. The Effective Date of this Franchise shall be the date of acceptance by the company in accordance with the provisions of Section 14.2. The company shall accept this Franchise within sixty (60) days of its enactment by the City Council provided, ho\vever, 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. Adoption Date: Passed by the City Council of the City of Arden Hills, the 29th day of June, 1998. IslBrian Fritsinger. City Administrator . - . ORDINANCE NO. 307 CITY OF ARDEN HILLS CABLE TELEVISION FRANCHISE ORDINANCE Date: July 15, 1998 . Prepared by: Thomas D. Creighton Robert J. V. Vose Bernick and Lifson, P.A. 1200 The Colonnade 5500 Wayzata Boulcvard Minneapolis, Minnesota 55416 Telephone: (612) 546-1200 Facsimilc: (612) 546-1003 . STATEMENT OF INTENT AND PURPOSE. . ... . .. . .. . .. . .. ... . .. .. . .. . .. . . .. .. . . 1 . FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 1. SHORT TITLE AND DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. Short Title. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS .... . . . . . . . . . . . . . . . . . 5 1. Grant of Franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Grant of Nonexclusive Authority. ............................... 5 3. Lease or Assi~nment Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Franchise Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5. Previous Franchises. .........................................6 6. Comoliance with Applicable Laws. Resolutions and Ordinances. ...... 6 7. Rules of Grantee. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8. Territorial Area Involved. ..................,..................7 9. Written Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . 7 10. Subscriber Network Drops to DesiQnated Buildin~s. ................8 SECTION 3. . CONSTRUCTION STANDARDS.......................................... 9 I. ReQistration. Permits and Construction Codes. . . . . . . . . . . . . . . . . . . . . . 9 2. Repair ofRi~hts-of-Wav and Propertv. . . . . .. . .. . .. . .. . .. . . . . . . . . . 9 3. Conditions on RiQht-of-Wav Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. U nderl!roundinl! of Cable. .................................... 10 5. Installation of Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6. Safety Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 4. DESIGN PROVISIONS ................................................. 11 I. System UpQrade: Minimum Channel Capacitv. ................... 11 2. Construction Timetable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 , Intemtption of Service. ...................................... 12 .J. 4. Technical Standards. ........................................ 13 5. Special T estin~. ............................................ 13 6. Drop TestinQ and Replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7. FCC Reports. .............................................. 14 8. Interconnection. ............................................ 14 9. Nonvoice Return Capabilitv. .. . .. . .. . .. . .. . .. . .. . .. . . . . . .. ., . . 14 10. Lockout Device. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . SECTION 5. SERVICE PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 I. Regulation of Service Rates. ..................................14 2. Non-Standard Installations. ................................... 14 3. Sales Procedures. ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4. Subscriber Inauiry and Complaint Procedures. . . . . . . . . . . . . . . . . . . . . 15 5. Subscriber Contracts. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. Refund Policv. .............................................16 7. Late Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8. Office Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 6. ACCESS CHANNEL(S) PROVISIONS.. . . . .... . .. . .... . .. . .. . .... . ... . . . . .16 1. Public Educational and Government Access. .. . . . . . . . . . . . . . . . . . . . 16 2. Charges for Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 3. Access Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4. Access SUDDort. ............................................ 17 5. Studio Relocation. .......................................... 17 6. Regional Channel 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7. State and Federal Law compliance. .......... . ;'.' . . . . . . . . . . . . . . . . 18 SECTION 7. . INSTITUTIONAL NETWORK (I-NET) PROVISIONS ........................ 18 I. Capacitv. ................................................. 18 2. Grantee's Use ofCapacitv. ...................................19 3. End-User Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4. Service Standards. ..........................................20 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS....................... 20 I. Administration of Franchise. .... .. . . . . .. .. . .. . . . . . . .. . . .. . .. . . 20 2. Delegated Authoritv. ........................................ 20 3. Franchise Fee. ............................................. 20 4. Access to Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5. Reports and Maps to be Filed with City. . . . . . . . . . . . . . . . . . . . . . . . . .21 6. Periodic Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS................... 21 1. Performance Bond. ....................... ................. .21 2. Letter of Credit. ............................................ 22 3. Indemnification of City. . ., . .. .. . .. . .. . . . . . . .. . .. .. . . . . . . . .. . .25 4. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . ~- , SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCA nON OF FRANCHISE ...26 . 1. City's Ril?ht to Revoke. ...................................... 26 2. Procedures for Revocation. ................................... 26 3. Abandonment of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4. Removal After Abandonment. Termination or Forfeiture. ...........27 5. Sale or Transfer of Franchise. .................................28 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ................................. 30 1. Discriminatory Practices Prohibited. .................... . . . . . . . . 30 2. Subscriber Priyacy. ......................................... 30 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODI FICA nONS. . . . . . . . . . . . . . . . . . 31 1. Unauthorized Connections or Modifications Prohibited. ............ 31 2. Removal or Destmction Prohibited. . ... . .. ... . .. .... . .. . . .. . .. . 31 3. Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 13. MISCELLANEOUS PROVISIONS ......................:................. 31 1. Franchise Renewal. ......................................... 31 2. Work Performed by Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . 3. Amendment of Franchise Ordinance. ........................... 31 4. Compliance with Federal. State and Local Laws. .................. 32 5. Nonenforcement by Citv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 6. Rights Cumulative. ......................................... 32 7. Grantee Acknowledgment of Valid it v of Franchise. ...... . . . . . . . .. .33 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS .......... 33 1. Publication: Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2. Acceotance. ............................................... 33 . . ORDINANCE NO. 107 AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. 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 The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System, and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and . its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading, and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. . 1 ----..---- SECTION 1. SHORT TITLE AND DEFINITIONS . 1. Short Title. This Franchise Ordinance shall be known and cited as the 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 V.S.C. 9 543(b)(7). b. "Citv" 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. . d. "Cable Service" or "Service" means the provision of communications and/or entertainment services as "Cable Service" is defined by Minn. Stat.g 238.01 et seq. and 47 V.S.C 9 521 et seq., as may be amended from time to time. but including Institutional Network services. e. "Cable Svstem" or "System" means a system of antennas, cables, wires, lines, lOwers, 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 V.S.C. 9 522(7). f. "Class IV Cable Channel" means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. g. "Commercial Need" or "Marketplace Need" means sllch 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 . 2 . 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. 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. \. ".!2J:QJ2" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. J. "K.C." 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. -. I. "Grantee" is MediaOne North Central Communications Corp., its lawful . successors, transferees or assignees. m. "Gross Revenues" means all revenue received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has financial interest of five percent (5%) or more, from the operation of its System within City including, but not limited to, all Cable Service fees, Franchise Fees, PEG Fees, late fees, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue. Converter rental fees, Lockout Device fees, fees related to commercial and institutional usage of the I-net, Internet access fees, cable modem service fees and interest. The term Gross Revenues shall not include any taxes on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. n. "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. o. "Institutional Network" or "I-net" means the discrete communications network and services related to such network provided by Grantee to identified institutions as required by this Franchise. e 3 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. "Memorandum ofUnderstandin~" or "MQ!1" means that certain agreement dated November 3, 1994 regarding PEG access funding, creation of a "PEG Fee" and certain rate regulatory issues. r. "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. s. "North Suburban Svstem" means the Cable System located in those municipalities collectively comprising the North Suburban Cable Service territory as originally approved by the Minnesota Cable Communications Board. t. "Pav 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. . u. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997, submitted to the North Suburban Cable Communications Commission by Group W Cable of the North Suburbs, Inc., as amended by the revised Renewal Proposal submitted under cover letter dated August, 4, 1997, and related correspondence and prior agreements or resolutions which are attached hereto as Exhibit A. w. "Right-of-Wav" or "Rights-of-Wav" means the area on, below, or above any real property in City in which the City has an imerest 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. x. "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. e 4 . y. "Standard Installation" means any residential installation which can be completed using a Drop of 250 feet or less. z. "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. This Franchise is granted pursuant to the terms and conditions contained herein. Grantee shall comply with all provisions of its Proposal, which is expressly incorporated herein by reference. Failure of Grantee to provide a System as described in its Proposal, or meet obligations and comply with all provisions therein, shall be deemed a violation of this Franchise. 2. Grant of Nonexclusive Authoritv. 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 Assi~nment 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 5 -- ---------- ------ 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 fifteen (15) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee. 6. 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 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 13.3 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 8.5(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 8.5 (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 8.5 (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. . 6 . 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 8.5 (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 2.9. 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. 7. 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 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. 8. 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 provided, however, that Grantee shall not be required to extend service beyond its present System boundaries unless there is a minimum of 50 homes per cable mile for underground plant and 35 homes per cable mile for overhead plant. 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. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas but in no event not to exceed twelve (12) months from notice thereof by City to Grantee and qualification pursuant to the density requirements of this Subsection 8. 9. 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 7 ----------- 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 4364 W. Round Lake Road Arden Hills, Minnesota 55112 Attention: City Manager/Administrator With copies to: North Suburban Cable Communications Commission 950 Wood hill Drive Roseville, Minnesota 55113 And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq. Bernick and Lifson, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, Minnesota 55416 If to Grantee: General Manager MediaOne 950 Woodhill Drive Roseville, Minnesota 55113 . With copies to: John F. Gibbs, Esq. Robins, Kaplan, Miller & Ciresi, L.L.P. 2800 LaSalle Plaza 800 LaSalle Ave. So. Minneapolis, Minnesota 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 10. Subscriber Network Drops to Designated Buildings. Grantee shall provide, free of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet, one (1) Converter, if necessary, and monthly Basic Cable Service without charge to the institutions identified on Exhibit B attached hereto and made a part hereof, and such other public or educational institutions subsequently designated by City which is located five hundred (500) feet or less from the existing Subscriber network. Any such institution located more than five hundred (500) feet shall be connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. Additional subscriber network Drops and/or outlets in any of the locations identified on Exhibit B will be installed by Grantee at the cost of Grantee's time . 8 . and material. Alternatively, said institution may add outlets at its own expense, as long as such Installation meets Grantee's standards. Grantee s ha 1I have three (3) months from the date of City designation of additional institution(s) to complete construction of the Drop and outlet unless weather or other conditions beyond the control of Grantee requires more time. The provision of Institutional Network service is addressed in Section 7 herein. SECTION 3. CONSTRUCTION STANDARDS 1. Re~istration 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-Wav and Propertv. 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 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-Wav 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 constmcting, 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 9 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 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. . 10 . 6. Safety Reqllirements. 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 U\lgrade: Minimum Channel Capacity. a. Grantee shall develop, construct and operate for the term of this Franchise a System providing 750 MHz capacity and which is fully activated with the capability of delivering to all Subscribers capable of receiving them a minimum of up to 81 video programmed channels. Construction will be completed and channels activated as described in Exhibit C attached. b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the Proposal. In addition, the System will be designed with the capability to transmit return signals upstream in the 5 - 40 MHz spectrum which shall be activated as Commercial Need dictates. Finally, in conjunction with the upgrade, Grantee shall replace all existing headend equipment with state-of- the-art standard frequency headend equipment. c. Grantee shall develop, construct and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and other competitive services which shall be activated as Marketplace Need dictates. Grantee may use 200 MHz of the total 750 MHz System capacity for the provision of such services. . 11 ---------------- d. During the design, walkout and preliminary construction activities related . to upgrade of the System, Grantee shall seek to identify the non-video interests of the business community within City and will seek to quantify business community demand for non-video services. Grantee shall report the results of its investigation into business demand for non-video services to the City or its designee no later than one (1) year from the commencement date of the Franchise. e. All final programming decisions remain the discretion of Grantee in accordance with the Proposal, 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 D.S.C. S 531-536, and further subject to City's rights pursuant to 47 D.S.C. S 545. Location and relocation of the PEG Channels shall be governed by Section 6, 1. (c). 2. Construction Timetable. a. Grantee shall complete all construction related to the System upgrade required by Section 4 herein on or before November 30, 2000, in accordance with the specific timeline identified in Exhibit C attached. Failure to timely complete such construction shall be a violation of this Franchise. . b. The System, once upgraded, shall continue to offer Service to all dwelling units serviceable prior to upgrade and shall extend Service to any area within the corporate boundaries of City which was not previously constructed which exceeds a density of 35 dwelling units per cable mile or greater for overhead plant and 50 dwelling units per cable mile for underground plant. c. Within ninety (90) days after the commencement of the renewal term of this Franchise, Grantee shall commence application for all necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. Failure to timely commence application for the aforementioned authorizations shall be a violation of this Franchise. d. Within ninety (90) days after commencement of the term of this renewed Franchise, Grantee will commence System design, walkout and all other preliminary construction activities related to upgrade of the System and shall give written notice thereof to City upon commencement of such activities. 3. 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 . 12 . minimum use of the System. If service is interrupted for a total period of more than forty eight (48) hours in any thirty (30) day period, Subscribers shall be credited pro rata for such interruption. 4. 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, Section 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 5. 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 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. 6. Drop Testin~ and Replacement. Grantee shall insert a 750 MHz carrier at a level 10db below the video carriers that will be measured by Grantee as a normal procedure during all service calls. In addition, the Drops and related passive equipment will be inspected during Installations to assure that the Drop and passive equipment can pass the full 750 MHz System capacity. In the event measurement of the carrier or the inspection demonstrate that a Drop or associated passive equipment do not pass the full 750 MHz, the Subscriber address will be recorded by Grantee and Grantee shall provide City, or its designee, upon request a report . indicating the addresses where Drops or associated passive equipment have failed. Grantee shall replace all failing Drops and/or associated passive equipment at the 13 -------- time the address upgrades service to a level which requires a signal above the 550 . MHz spectrum at no separate charge to the individual subscriber. 7. 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. 8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview shall continue to be completely interconnected. In addition, Grantee shall make available for interconnection purposes one (1) six (6) MHz channel for forward video purposes, one (1) six (6) MHz channel for return video purposes, one (1) six (6) MHz channel for forward data or other purposes, and one (1) six (6) MHz channel for return data or other purposes between all Systems adjacent to the North Suburban System and under common ownership with Grantee. 9. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for non voice return communications. 10. 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. Re~ulation of Service Rates, a. The City may regulate rates for the provision of Cable Service, equipment, or any other comn1llnications 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. Non-Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable Service can meet FCC technical specifications and all payment and policy obligations are met. In such case, Grantee may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. . 14 . 3. 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. 4. Suhscriber 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 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 call either at a specific time or, at a maximum, during a four hour time block during normal business hours. 15 ------- -------------- 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. 5. 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. 6. Refund Policy. In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monihly 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. 7. 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. 8. Office Policv. Grantee shall maintain a location in City or the Franchise territory encompassing any joint regulatory body of which City is a Member for receiving Subscriber inquiries and bill payments. The location must be staffed by a person capable of receiving inquiries and bill payments. In addition, Grantee shall maintain a local drop box for recei ving Subscriber payments after hours. 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. Grantee shall dedicate 12 channel(s) for PEG access and community programming use in accordance with the Proposal. All residential . 16 . Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive such channels at no additional charge. The channel(s) shall be activated upon the effective date of this Franchise and thereafter maintained. 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. S 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. c. Each public and government access channel(s) required by this Section shall retain the channel designation/number it had as of the commencement of this Franchise term. Grantee may not move or otherwise change the channel number or location of any public or government access or community program 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. In any event, those access channels carried on the universal service tier pursuant to the MOU shall remain on the universal service tier. This paragraph shall not apply to Regional Channel 6. 2. Charlles for Use. Channel time and playback of prerecorded 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 continue to be obligated pursuant to the MOU, and shall additionally provide $667,286.00 over the term of this Franchise for the acquisition of new equipment according to the schedule in Exhibit A attached. 5. Studio Relocation. In addition to the agreement between the City and Grantee regarding the North Suburbs Access Corporation relocation pursuant to the access transfer agreement, the following shall apply: If North Suburbs Access . Corporation expends, with Grantee's express written consent which may not be unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a 17 --------- ------ twelve (12) month period and Grantee thereafter requires North Suburbs Access . Corporation to move studio locations, Grantee shall reimburse North Suburbs Access Corporation 100% of its expenditures if the request to move is within one (1) year of the expense of North Suburbs Access Corporation. Said reimbursement shall be decreased by 20 % for each year the expense was incurred prior to the date North Suburbs Access Corporation is required to move. 6. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform regional channel usage. 7. 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. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS 1. Capacitv. a. Grantee shall provide an Institutional Network with 54 channel capacity (16 upstream channels and 38 downstream channels) in the 5-450 MHz spectrum, all in accordance with the Proposal. All institutions designated . on Exhibit B attached hereto and made a part hereof shall be connected to the Institutional Network along with any new City Hall which may be constructed by City or to which City may otherwise move its government offices or City Council meeting locations. Other public or educational institutions subsequently designated by City shall be connected to the Institutional Network if the designated institution is located less than five hundred (500) feet from the existing Institutional Network, or if such designated institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. b. All institutions designated on Exhibit B attached shall be allowed to make use of the full channel capacity for video uses at no charge. The institutions designated on Exhibit B attached may make use of three (3)-6 MHz channels downstream and three (3)-6 MHz channels upstream for non-video uses at no charge. c. Grantee shall construct and thereafter maintain fiber optics to the Instimtional Network nodes which shall include two (2) fibers to transmit the fifty-four (54) channels required in subparagraph a. above, and four (4) additional fibers which are expressly for the use of the institutions listed in Exhibit B. . 18 --------- -- --------- . Charges to designated institutions for non-video use of the channels other than the six (6) non-video dedicated channels (three (3) upstream and three (3) downstream) on the Institutional Network required in subparagraph a. above shall be calculated based on Grantee's actual cost plus a 45% margin or the "most favored comparable user rate", whichever is lower. Charges to the designated institutions for video or non-video use of the six (6) fibers provided to the Institutional Network nodes shall be calculated based only upon Grantee's incremental actual cost for providing the additional six (6) fibers. Use of the Institutional Network by a designated institution is limited to its own use(s) and no institution may sell Institutional Network capacity or usage to any third party, without the express written consent of Grantee. 2. Grantee's Use of Capacity. Grantee may use available capacity on the fifty-four (54) channel Institutional Network required in Paragraph 1a. above for other uses including commercial uses, provided, however, that usage of seventy-five percent (75 %) of such capacity by designated institutions shall have priority over other uses subject to rules or policies adopted by Grantee and approved in advance by City. Further, should City determine that any portion of Grantee's use of the twenty-five percent (25 %) should be terminated to accomodate the use by a designated institution for video purposes, City may direct that Grantee terminate . its use at the expiration of any third party use contract or three (3) years, whichever is sooner. 3. End-User Equipment. a. Designated institutions shall be generally responsible for providing their own end-user equipment. However. Grantee shall provide at no charge twenty (20) new modulators for City and/or designated institutions use of the Institutional Network, all as approved by the City. b. With respect to non-video end-user equipment, upon request by a designated institution, Grantee must either lease the equipment requested to the requesting institution or make reasonable efforts to arrange for the lease of such equipment. Within 30 days of a written request, Grantee must notify the requesting institution in writing of its ability or inability to lease the requested equipment and the terms of such lease. The City, its designee, or the requesting institution may purchase or lease the equipment from any vendor. c. In addition, Grantee will provide standby power for the Institutional Network, provide fifteen (15) new pilot generators, re-tune ten (10) . existing return pilot generators, and re-tune one hundred twenty-four 124 existing return amplifiers. 19 4. Service Standards. Grantee shall maintain those technical and performance standards as are detailed in Exhibit D attached. Grantee shall provide the City, or . its designee, upon request with reports of the performance of the I-Net and Grantee's compliance with the technical and performance standards. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City Administrator 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 acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. 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. . 20 . 5. Reports and Maps to be Filed with City. 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 furnish 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 furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file 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. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. At the time the Franchise becomes effective and at all times thereafter, until the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond to City 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 21 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. 2. Letter of Credit. a. At the time of acceptance of this Franchise, Grantee shall deliver to City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to City, from a National or State bank approved by City, in the amount of $25,000.00. . 22 . 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. . Ill. 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 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. . 23 --- 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 Subparagraph 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. 1. City shall hear Grantee's dispute within sixty (60) days and render . a final decision within sixty (60) days thereafter. 11. 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 replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2 (a) as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any draws upon the Letter of Credit. . 24 -.-- . 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. 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 25 --- 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 anyone Person, and $2,000,000.00 for personal injury or death of two or more Persons in anyone occurrence, $500,000.00 for property damage to anyone person and $2,000,000.00 for property damage resulting from anyone act or occurrence. c. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire ternl 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. Citv'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 HI. Grantee has practiced fraud or deceit upon City. City may revoke this Franchise without the hearing required by 9.2(b) 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 . 26 . 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 th~ 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. . 27 5. Sale or Transfer of Franchise. . No sale or transfer of the Franchise, or sale, transfer, or fundamental a. 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. 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 10.5. 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. Acquistion 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 detail ing 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. . 28 . 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 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, 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: 1. 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 10.5 (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. \. 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. . 29 ----------- ----...---- ---..- SECTION 11. . PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public 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 including signals of a Class IV Channel 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 (I) 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 each type or classification of Class IV 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. . 30 . 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 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 bv 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 addressees) 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 31 amendment is required due to changes in federal, state or local laws. Provided, . however, nothing herein shall restrict City's exercise of its police powers or City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 4. Compliance with Federal. State and Local Laws. a. If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. b. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all 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 bv 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 constrned 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 . 32 --- - . 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 Validitv 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. 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 14.2. 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 time lines 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: 1. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 11. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that have not previously been delivered. . 33 I. Passed and adopted this day of , 1998. . CITY OF ARDEN HILLS ATTEST: By: By: Its: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: By: Its: C:\CABLE\NSCCCC\ARDENHIL. FRN . e 34 EXHmIT A _~ Meredith . I.W"Cable Kevin C. Griffin President & General Manager 934 Woodhili Drive (Fax) 612/483.9184 Roseville, MN 55113 Customer Service: 612/483-9999 Administration: 612/483-3233 August 4, 1997 Ms. Cor Wilson, Executive Director North Suburban Cable Communications Commission 950 Woodhill Drive RosevilIe, Minnesota 55113 Re: North Suburban Cable Communications Franchise Renewal Dear Cor: Attached please find an updated and revised Renewal Proposal per your',request. We have made an attempt to identifY everything that has been agreed to between us. Should there be any confusion please refer to my memorandum of July 31, 1997 to Mr. Creighton, . As we have discussed, any agreements or offers regarding clarifications or modifications of our May 13, 1997 proposal have been made in the spirit and context of an entire "package" of understandings. Accordingly, changes in anyone component could result in a need to change other components, Please feel free to contact me with any questions or for further clarification. ~ K cc: Thomas D. Creighton Randall Coleman Kathi Donnelly-Cohen John Gibbs Trudi McCollum Foushee . EXHIBIT A - Continued RenewaIProposal- Investment for the Future . Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the future which will thoroughly revitalize and modernize the system. This plan includes a franchise commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality signals, expanded channel capacity and the opportunity to launch new programming services. In addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate fiber into the system to facilitate future expansion of the Institutional Network. Meredith Cable also proposes a renewal of our commitment to support of local access programming and the establishment of capability to enable the development of future high speed data transmission services and other future services. This proposal represents an aggressive effort to respond to identified community needs and interests, taking into account the cost of meeting those needs and interests over the requested fifteen (15) year renewal time frame. The specifics of the proposal are set forth below: A. SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION Meredith Cable will commit in a renewal franchise that the subscriber system serving the North Suburbs will be enhanced from the current 450 MHZ, 65 channel system. to a state-of-the-art 750 MHZ system offering dramatically more channel capacity, higher signal quality, more reliability and more features as set forth below: . . A-I. The subscriber network will be 750 MHZ capacity. Meredith plans to initially program 81 downstream channels upon activation - with phased activation launches as nodes are completed. This leaves an additional 200 l'vIHZ capacity available for future activation of additional video channels, digital services, and other services as future marketplace needs dictate. In addition, the system will be designed with the capability to transmit return signals upstream at 5 - 40 MHZ in the future as commercial need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding activation of the return. . A - 2. Hybrid fiber-coaxial architecture will be deployed. . A - 3. Initially, the system will be developed with approximately Forty (40) pockets which are called "nodes", each connected by optical fiber and serving approximately Two Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be designed to be capable of migrating to five hundred (500) home nodes with a minimum 4 fiber count as marketplace need dictates. . A - 4. All power supplies will be equipped with standby power capability which, at a minimum, will be initially activated at the node locations. . A - 5. In order to better assure reliability and system maintenance, the system will . EXHIBIT A - Continued . incorporate status monitoring at nodes and strategic locations. . A - 6. Non-interruptible power-passing eompatible taps are planned for ease of maintenance and less disruption during system maintenance. . A - 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be included in order to facilitate future expansion of needs including future expansion of needs in business corridors as commercial need dictates. . A - 8. The subscriber RF system will accommodate and be capable of providing return signals in 5 - 40 J\.1HZ bandwidth in the future. Such return capacity will be activated as commercial and marketplace need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding the activation of the return. . A - 9. All existing head end equipment will be replaced with state-of-the-art standard frequency head end equipment. . . A - 10. Basic Service channel mapping will no longer be utilized by the system, thereby permitting all local VHF off-air broadcast signals to be located "on-channel" for all customers and with no impact on the PEG channel location on Universal Service. . . A - II. Standby power will continue to be in place for the head end. . A - 12. The system will have the capability to receive and pass through all local broadcast signals in digital format as required by applicable federal rules and regulations and in compliance with applicable FCC mandated time lines. . A - 13. The system will permit all channels available to Meredith Cable in stereo to be passed through in stereo. . A - 14. Meredith Cable will commence application for licenses and permits related to construction within 90 days after the commencement of the renewal period. . A - 15. Meredith Cable will commence design, walkout, etc. related to construction within 90 days after commencement of the renewal period. . A - 16. Meredith Cable proposes to enter into a franchise timetable to complete the project by November 30,2000 and will aggressively work to substantially complete construction by November 30, 1999. Meredith Cable will carefully map and report any underground plant that may be abandoned. Stand alone abandoned aerial cable will be removed. . 2 i ---------- EXHIBIT A - Continued . A - 17. Meredith Cable proposes that interconnection between commonly owned, . adjacent franchised systems in the Twin Cities marketplace can be accommodated by making available one (1) 6 NIHZ channel for forward video purposes, one (I) 6 NIHZ channel for return video purposes, one (1) 6 MHZ channel for forward data and lor other purposes, and one (1) 6 NIHZ channel for return data and/or other purposes. Actual interconnection with other franchise areas will be subject to technical capability of those systems and those franchise areas entering into similar renewal agreements containing similar provisions. . A - 18. Meredith Cable plans to have a 750 NIHZ carrier inserted at a level 1 Odb below the video carriers that witl be measured as a normal procedure during service catls. The drop cable and passives witl be inspected during normal instatlations to assure that 750 NIHZ can be passed. Should a drop or associated passive equipment not pass the futl 750 NIHZ, the address will be noted and at the time the address upgrades service that requires signal above 550 NIHZ, the drop and/or associated equipment will be changed out. B. INSTITUTIONAL NETWORK Meredith Cable proposes to meet the needs of institutions and users by upgrading the existing Institutional Network, including fiber capacity in the system to facilitate 'future Institutional Network enhancements, and with mutually acceptable franchise language relating to technical and performance standards for the Institutional Network. This plan witl offer flexibility and alternatives to local governments, public school districts, private schools, higher educational . institutions, libraries and the social service community for the delivery and exchange of video and telecommunications services. Specifically, Meredith Cable proposes to make the following franchise commitments: . B-1. Frequency spectrum (including upstream and downstream); 5 - 450 MHZ. . B-2. Channel capacity of 54 channels (16 upstream and 38 downstream). . B-3. 15 additional pilot generators. . B - 4. Re-tuning of 10 existing pilot generators. . B - 5. Re-tuning of 124 existing amplifiers. . B - 6. Provision of20 additional modulators or de-modulators . B - 7. Standby power with full battery placement. . B.8. Four (4) count shadow fiber placed along that part of the subscriber network that parallels the Institutional Network. , . ~ EXHIBIT A - Continued . . B - 9. Meredith Cable will make the I-Net available to the designated institutions for video uses at no charge. . B-lO. Meredith Cable will make three (3) 6 1vIHz channels available downstream and three (6) MHz channels available upstream, for non-video uses at no charge. . B - 11. Meredith Cable will charge designated institutions for all non-video uses beyond B - 10. mentioned above at a rate calculated based on the Company's actual cost plus a 45% margin or "most favored comparable user" rate, whichever is lower. . B - 12. Nothing contained herein shall prevent Meredith Cable from using available capacity for other uses except that designated institutions shall have priority over other uses subject to rules or policies adopted by Meredith Cable after consultation with the Commission. . B- 13. Use of the I-Net by the Cable Conunission, cities or delegated institutions will be limited to their own uses and no institution may sell any service to any third party. . B- 14, Meredith Cable will either allow designated institutions to purchase their own equipment or will lease end-user terminal equipment to requesting institutions. . . B - 15. Meredith Cable will provide and maintain I-Net equipment for the Commission, member cities and designated institutions on a cost recovery basis. C. PROGRAMMING Upon completion and activation by territory, Meredith will program a minimum of 81 analog video channels. While definitive programming agreements have not been entered into and, as such, specific packaging, tiering and pricing decisions cannot be made at this time, it is anticipated that prices will be adjusted as authorized to reflect the additional programming as well as project and progranuning costs. As examples, we preliminarily anticipate the following new programming choices or similar services will be available: . C - 1. Basic Service (or equivalent) - Initially, Meredith Cable anticipates a continuation of current Basic Service offering of 28 channels without a realignment of channels within Universal Service. . C- 2. Preferred Tier Service (or equivalent) - Meredith Cable anticipates the addition of 4 or 5 channels to this tier that currently consists of29 channels. There will be a corresponding rate adjustment. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: . 4 -----_..~---- -~ -------- EXHIBIT A - Continued . The Golf Channel - The Golf Channel is the premier network devoted to the . sport of golf providing more live golf coverage than all other networks combined. Tournaments include coverage from the PGA Tour, Senior PGA Tour, NIKE Tour, LPGA, Australian and PGA European Tour. Original live programming on The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a nightly golf news show, Golf Central. The service also provides instructional programs such as The Golf Channel Academy. . The Cartoon Network - Featuring the world's largest cartoon library, the Cartoon Network features all-animated cartoon programming at any time of the day or night. For cartoon lovers of all ages, this network offers 8,500 animated programs from the Hanna-Barbara libraries including The Jetsons, The Flintstones and many more. . Classic Sports Network - The first 24-hour, all sports television hall offame, featuring the world's largest library of rare and exclusive programming from professional, amateur, college sports and the Olympic Games. . TV Food Channel - Helps cable television viewers learn new recipes and cooking techniques, 'spice' up family meals, learn the latest in healthier cuisine and explore fine restaurants nationwide. Hosts include world-class chefs, restaurateurs, mothers who work outside the home and celebrities. . . Sneak Prevnc - Sneak Prevue is the channel cable customers turn to 24 hours a day, for the most up-to-date information on programming available for order on a Pay-Per- View basis.. The service includes video clips of Pay- Per- View movies and events along with complete ordering information. . C - 3. New Prod nct Tier Service - Meredith Cable anticipates the addition of 4 or 5 channels to a new, separately priced tier of service. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: . Independent Film Channel - The first network dedicated to independent film, showcasing feature-length premieres, domestic and international films, documentaries, shorts, animation, new works, and masters. All movies are shown un-cut and without commercials, 24 hours a day. . FX Movies - Twenty four hours per day, un-cut and commercial free, FX Movies brings the vast Fox film library to cable television. . TV Land - America's favorite classic television shows are brought back to 5 . EXHffiIT A - Continued . television. A companion station to Nick at Night, TV Land expands into all areas of classic television, comedies, dramas, variety shows, and even classic commercials. . Turner Classic Movies - The world's greatest collection of classic movies 24 hours a day, with no commercial interruptions. . CNN 51 - The 24 hour sports news network from CNN and Sports Illustrated. Seven days a week CNN SI is a 24 hour network offering coverage of sports news unlike any other service. CNN SI utilizes the news gathering resources of CNN and in-depth reporting expertise of Sports Illustrated and provides sports viewers the most complete on-demand coverage available anywhere. . C - 4. Premium Services - Meredith Cable will ad several new optional premium service selections. Preliminarily, and as examples, we anticipate the likely addition of the following new premium offerings or others as we may deem more responsive to subscriber or marketplace needs and interests: . HBO 3 - With Multichannel; HBO featuring HBO 2 and HBO 3, you always have three HBO programs to choose from. A Hollywood hit, 'maybe an HBO Original that everyone's talking about or something light like HBO Comedy Hour. The . choice..and convenience...is yours! HBO Family - HBO Family is a new HBO channel designed especially for a . family to watch together. With HBO Family's daily programming blocks, HBO Kids Block, the HBO Family Feature Block and Grown Ups Block, you always know just what kind of programs are on any time. Your family will love our family I . Showtime 3 - With Multichannel Showtime featuring Showtime 2 and Showtime 3 you'll see the biggest Hollywood hits, exciting Showtime Original Pictures, featuring the hottest stars and stories - sexy thrillers, sci-fi, National Lampoon comedy and high profile dramas. Multichannel convenience means you'll always find the program to match your mood! . C - 5. Pav-Per-View Services - Meredith Cable will offer more optional pay-per-view service selections. Preliminarily, and as examples, we anticipate the likely addition of the following three new pay-per-view services or others as we may deem more responsive to subscriber marketplace needs and interests: . Viewer's Choice 3 - featuring "movie-of-the-day" schedules allowing customers to see the biggest hits as soon as they become available. . 6 ___.1 ---------- ------ EXHIBIT A - Continued . Viewer's Choice 4 - similar to Viewer's Choice 3 but featuring yet another movie . option. . Viewer's Choice 5 - similar to above featuring yet another movie option. . C - 6. Interactive Services - Meredith Cable's plan contemplates the capability of offering interactive services upon completion of the project and a reasonable expectation of consumer acceptance and financial viability. While various services are currently developing, Meredith Cable is considering, among other services, a digital music service and interactive program guide. No decisions have been made regarding particular services, pricing or launch dates. . C - 7. Digital Services - Meredith Cable anticipates that additional premium service options, pay-per-view offerings and other new services including future digital services will be offered over time utilizing the appropriate bandwidth. D. HIGH SPEED DA TA TR.\NSMISSION In addition to traditional video services, the cable system will position Meredith Cable to offer new and yet-to-be-developed non-video services. . D - 1. The subscriber network will have adequate capability to enable the provision of high speed data service such as Internet access as marketplace need dictates. . . D - 2. Meredith Cable's system will be able to address opportunities to meet the non- video interests of the business community by including fiber capacity through business corridors identified during the construction walkout in order to explore high speed data services demand by business users. Eo COMMITMENT TO ACCESS PROGRAMMING Meredith Cable proposes to meet and exceed the agreements regarding access support which were entered into with the North Suburban Cable Communications Commission in the November 3, 1994 Memorandum of Understanding. Specifically Meredith Cable proposes the following support for local access programming: . E - 1. Meredith Cable agrees to maintain the number of access channels (12) as currently exist and accept the concept of having the current channel loan agreements extended for the fifteen (15) year renewal term and that the Commission will retain control over the entire 6 MHZ spectrum that equals one channel.. . E - 2. Meredith Cable agrees that the Commission can, on its own, change the name of required PEG channels, provided that Meredith is indemnified from any claims as a result 7 . .- EXHIBIT A - Continued . of such action by the Commission. . E - 3. Meredith Cable proposes that the PEG support components of the Memorandum of Understanding remain intact. Rather than the PEG support fee set forth in the May 13, 1997 original proposal, Meredith proposes a PEG fee based on the following: a new commitment to provide the Commission a total of 5667,286 for the franchise term for acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the $50,000 Equipment Replacement Grant, per the MOU; the appropriate amount for the Operating Grant, per the MOU; the appropriate amount for Universal Service, per the MOU; and the appropriate amount for the Scholarship Grant (which may be used for other purposes at the Commission's discretion), per the MOU: New Equipment Acquisition Grants Year Amount I $ 40,000 2 $ 40,600 3 $ 41,209 4 $41,827 5 $ 42,455 6 $ 43,091 . 7 S 43,738 8 $ 44,394 9 S 45,060 10 $ 45,736 11 $ 46,422 12 $ 47,118 13 $ 47,825 14 $ 48,542 15 $ 49,270 . E - 4. Should Meredith Cable request the relocation of the CTV studio, Meredith agrees that the current agreements governing CTV relocation will remain intact. Meredith does not waive any rights it may have with respect to the ability to recover any such costs should a move occur. . 8 EXHIBIT B North Suburban Area Institutional Connections City of Arden Hills . Insl. Name Slreel Address City Phone I.Net Sub Arden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills 636-5676 X X Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills 636-5676 Y X Uti!.- Booster 1230Red Fox Road Arden Hills Y Uti!.- Lift #1 3196 North Cleveland Arden Hills Y Uti!.- Lift #10 3804 North Cleveland Arden Hills Y Uti!.- Lift #11 1901 Highway 96 Arden Hills Y Uti!.- Lift #12 1965 Thom Drive Arden Hills Y Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y Uti!.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y Uti!.- Lift #2 1850 Co. Rd. E2 Arden Hills y , Uti!.- Lift #3 1578 Lake Johanna Blvd. Arden Hills Y Util.- Lift #4 3484 Ridgewood Road Arden Hills y . Uti!.- Lift #5 3495 Lake Johanna Blvd. Arden Hills Y Uti!.- Lift #6 3328 Lake Johanna Blvd. Arden Hills y Uti!.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y Uti!.- Lift #8 1335 Ingerson Road Arden Hills y Uti!.- Lift #9 3168 Ridgewood Road Arden Hills Y Uti!.- Roseville Station y City of Falcon Heights Inst. Name Street Address City phone I-Nel Sub Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y . - X X Falcon Heights Fire Station 2077 W. Larpenteur Ave. Falcon Heights 644-5575 City of Lauderdale . Inst. Name Street Address Cily Phone I.Nel Sub Lauderdale City Hall 1891 Walnut St. Lauderdale EXHIBIT B - Continued North Suburban Area Institutianal Connections Page 2 Inst. Name Street Address City Phone i-Net Sub .y of Little Canada Inst. Name Street Address City Phone i-Net Sub City Garage 3100 Country Drive Little Canada Y Y Ice Rink 430 Little Canada Road Little Canada Y Ice Rink 100 E. Demont Little Canada Y Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X Oid Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X Shelter 350 Eli Road Little Canada Y Shelter 2950 Centerville Little Canada Y Util.- Booster Station 141 Co. Rd. B Little Canada Y Util.- Lift Station 672 Co. Rd. B Little Canada Y til.- Lift Station 2537 Keller Parkway Little Canada Y til.- Lift Station 99 Co Rd. B Little Canada Y Util.- Lift Station 2458 Dianna Lane Little Canada Y Util.- Lift Station 2707 Jessica Court Little Canada Y Uti!.- Lift Station 1002 Co. Rd. 0 Little Canada Y Uti!.- Lift Station 216 Co. Rd. B-2 E. Little Canada Y Uti!.- Water Meter Station 5 Roselawn Little Canada Y Uti!.- Water Tower 517 Little Canada Road Little Canada Y City of Mounds View Inst. Name Street Address City Phone I-Net Sub Bridges Golf Course 2850 82nd Lane N E Blaine Y Y Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X Mounds View Community Center 5394 Edgewood Dr. Mounds View Y Y ounds View Fire Station Hwy.10 Mounds View X y Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 Y X Uti!.- Booster Station (Reservoir) 2450 Bronson Drive Mounds View Y _u_______ ----- ------ EXHIBIT B - Continued North Suburban Area Institutional Connections Page 3 Ins!. Name Street Address City Phone I-Net Sub Util.- Lift Station #1 5396 Raymond Ave. Mounds View Y Uti!.- Lift Station #2 8251 Groveland Road Mounds View Y Uti!.- Well #1 2401 Highway 10 Mounds View Y Uti!.- Well #2 2524 Bronson Drive Mounds View Y Uti!.- Well #3 2426 Bronson Drive Mounds View Y Uti!.- Well #4 2408 Hillview Drive Mounds View Y Uti!.- Well #5 5100 Long Lake Road Mounds View Y Uti!.- Well #6 7545 Groveland Road Mounds View Y City of New Brighton Inst. Name Street Address City Phone I-Net Sub Brightwood Hills Golf Course 1975 NW Silver Lake Rd, New Brighton 638-2150 X X New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X New Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X X New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton y X New BrightonFamily Service Cntr. 400 NW 10th St. New Brighton 638-2130 X X Uti!.- Lift Station 1 (under const.) To Be Assigned New Brighton y Uti!. - Lift Station 2 531 5th Avenue NW New Brighton y Uti!.- Lift Station 3 515 3rd Avenue NW New Brighton y Util.- Lift Station 7 650 Cleveland Ave. New Brighton y . Uti!.- Lift Station 8 24 New Brighton Road New Brighton y Uti!.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton y Uti!.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton y Uti!.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton y Uti!.- Well 12 & Iron Removal Plant 2400 Mississippi SI. -New Brigl1ton y Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton y Uti!.- Well 14 1377 7th Street NW New Brighton y Uti!.- Well 15 590 20th Street NW New Brighton y EXHIBIT B - Continued North Suburban Area Institutional Connections Page 4 Inst. Name Street Address City Phone I-Net Sub - Well 8 600 Silver Lake Road New Brighton Y Uti!.- Wells 3 & 4 700 Silver Lake Road New Brighton Y Uti!.- Wells 5 & 6 3001 5th Street NW New Brighton Y Uti!.- Wells 9 2745 5th Street NW New Brighton Y City of North Oaks Inst. Name Street Address City Phone I-Net Sub North Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X North Oaks Recreation Center 4 Mink Lane North Oaks X X City of Roseville Inst. Name Street Address City Phone I-Net Sub John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X y Roseville Activity Center 2800 Arana St. Roseville 415-2100 X X . Roseville Cedarhoim Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y eville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N Roseville City Hall 2660 Civic Center Dr. Roseville 490-2200 X X Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X X Roseville Fire Station 2 2501 N. Fairview Ave. Rosevilie 636-6763 X X Roseville Fire Station 3 2335 N. Dale St. Roseville 484-5297 X X Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 Y Y Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X Roseville Ice Arena 2661 Civic Center Dr. Roseville 41 5-2164 X X Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X Roseville Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X Uti!.- Booster Station 706 Shryer Ave. Roseville Y Uti!.- Elevated Tank 2501 N. Fairview Ave. Roseville Y . . - Lift Station 635 S. Owasso Blvd Roseville Y Uti!.- Lift Station 2980 Galtier Street Roseville Y Uti!.- Lift Station 1610 Co. Rd. C-2 Roseville Y ----- EXJllBIT B - Continued North Suburban Area Institutional Connections Page 5 Inst. Name Street Address City Phone I.Net Sub Util.- Lift Station 3033 Cleveland Ave. Roseville y . Util.- Lift Station 435 Wagner Street Roseville y Util.- Lift Station 2013 Cohansey Blvd. Roseville y Util.- Lift Station 1680 Fernwood Ave. Roseville y Util.- Lift Station 3050 Lexington Ave. Roseville y Util.- Lift Station 1216 Josephine Road Roseville y Util.- Lift Station 3050 Long Lake Road Roseville y Util.- Lift Station 1953 Fulham Street Roseville y Util.- Lift Station 2050 Wainut Street Roseville y Util.- Lift Station 201 Center Street Roseville y Util.- Storm Water Pumping Station 2535 N. Victoria St. Roseville y Util.- Storm Water Pumping Station 1658 Millwood Ave. Roseville y Util.- Storm Water Pumping Station 591 Owasso Hills Drive Roseville y Util.- Storm Water Pumping Station 2340 St. Croix Street Roseville y . Util.- Storm Water Pumping Station 1999 Fulham Street Roseville y City of Shoreview inst. Name Street Add ress City Phone I-Net Sub Shoreview City Hall/Community 4600N. Victoria St. Shoreview 490-4600 X X Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 y Y Util.- Booster Station 855 Highway 96 . Shoreview y Util.- Lift Station 4468 Chatsworth Shoreview y Util.- Lift Station 3580 Cohansey Shoreview y Util.- Lift Station 425 Gramsie Road Shoreview y Util.- Lift Station 875 Gramsie Road Shoreview y Util.- Lift Station 636 Highway 96 Shoreview y Util.- Lift Station 1088 Lake Beach Drive Shoreview y . Util.- Lift Station 3366 Lexington Ave. Shoreview y EXHIBIT B - Continued North Suburban Area Institutional Connections Page 6 Inst. Name Streel Address Clly Phone I-Nel Sub ..- Lift Station 4680 Lexington Ave. Shoreview Y Util.. Lift Station 915 Oak Ridge Shoreview Y Util.- Lift Station 3194 West Owasso Blvd. Shoreview Y Util.- Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y Util.- Lift Station 4338 Reiland Lane Shoreview Y Util.- Lift Station 4465 Rice Street Shoreview Y Util.- Lift Station 699 Schifsky Road Shoreview Y Util. - Lift Station 700 Schifsky Road Shoreview Y Util.- Lift Station 4307 Snail Lake Blvd. Shoreview Y Util.- Lift Station 4412 Snail Lake Blvd. Shoreview Y Util.- Lift Station 512 Suzanne Ave. Shoreview Y Util.- Lift Station 5024 Turtle Lane East Shoreview Y Itii.- Lift Station 3121 Woodbridge Shoreview Y il.- Sucker Lake Pump 50 Highway 96 W. Shoreview Y Util.- Water Tower 745 County Road E Shareview Y Util.- Water Tawer 5880 Lexingtan Avenue Shareview Y Util.- Well 785 Highway 96 Shareview Y Util.-Well 883 Highway 96 Shareview Y Util.- Well 4965 Hadgsan Road Shareview Y Util.- Well 902 Monterey Shareview Y Util.-Well 750 Mound Avenue Shoreview Y Util.-Well 4675 Victoria Street Shoreview Y City af SI. Anthany Insl. Name Slreel Address Cily Phone I-Nel Sub 2900 Pentagon Drive SI. Anthony Y V Liquor Warehouse #2 3900 Silver Lake Raad SI. Anthany Y 3301 Silver Lake Rd. SI. Anthany 789-8881 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 7 Inst. Name Street Address City Phone I-Net Sub SI. Anthony Fire Station 2900 Kenzie Terrace St. Anthony 788-1434 X X . SI. Anthony Public Works 3801 Chandler Dr. St. Anthony X X Uti!.- Foss Road Lift 3829 Foss Road St. Anthony Y Uti!.- Harding Lift 2700 37th Ave St. Anthony y Uti!.- Water Filtration Plant 3807 Silver Lake Road St. Anthony y Uti!.- Well #5 2920 Silver Lake Road St. Anthony Y CTV Inst. Name Street Address City Phone I-Net Sub Canadian Days Parade-drop Little Canada Rd Little Canada X CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X CTV Van 1 2425 Long Lake Rd. New Brighton 783-9334 X CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X Lake Owasso Beach - drop ??? N Owasso Bvd. Shoreview X LC Spooner Park- drop Eli Rd. Little Canada X . NB Parade - drop New Brighton X RAHS Parking Lot (on B2)- drop Roseville X Rosefest parade - drop1 Lexington Ave. Roseville X Rosefest parade - drop2 Lexington Ave. Roseville X Rosetown Legion field-drop W. Co. Rd. C. Little Canada X Dist 282 - SNNB Schools Inst. Name Street Address City Phone I-NetSub ISO 282 District Office SNNB 3303 33rd Ave. NE SI. Anthony 706-1000 X X St. Anthony High School 3303 33rd Ave. NE St. Anthony 706-1100 X X St. Anthony Middle School 3303 33rd Ave. NE 51. Anthony 706-1200 X X . X X Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 Dist 621 - Mounds View I-Net SUb. Inst. Name Street Address City Phone Area Learning Center 4182 N. Lexington Ave. Shoreview EXHIBIT B - Continued North Suburban Area Institutional Connections Page 8 Inst. Name Street Address City Phone I-Net Sub . Air Elementary School 1800 NW 5th St. New Brighton 633-3521 X X Chippewa Middle School 5000 Hodgson Rd. North Oaks 483-6635 X X Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X Highview Middle School 2300 NW 7th St. New Brighton 633-8144 X X lrondale High School 2425 Long Lake Rd. New Brighton 786-5200 X X ISO 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X Island Lake Elementary 3555 N. Victoria St. Shoreview 484-5553 X X Mounds View High School 1900 W. Co. Rd. F Arden Hills 633-4031 X X Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X Pike Lake Elementary 2101 NW14thSt. New Brighton 633-7711 X X Plnewood Elementary 5500 Quincy St. Mounds View 784-4006 X X Ralph Reeder Center 500 NW 10th St. New Brighton 636-1 91 0 X X all Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X unnyside Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X Turtle Lake Elementary 1141 W. Co. Rd.l Shoreview 484-2150 X X Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X Dist 623 - Roseville Area Inst. Name Street Address City Phone I-Net Sub Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X Edgerton Elementary School 1929 Edgerton Street Maplewood 772-2565 X X Emmet 0 Wiliams Elem 955 W. Co. Rd. 0 Shoreview 482-8624 X X Fairview Community Center 1910W. Co. Rd. B Roseville 631-1013 X X Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X ISO 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 X X _Ie Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 9 Inst. Name Street Address City Phone I-Net Sub Roseville Area High School 1261 Hwy.36 Roseville 635-1660 X X . Roseville Area Middle Sch 15 E. Co. Rd. B2 Little Canada 482-5280 X X Guard/Reserves Inst. Name Street Address City Phone I.Net Sub Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X Hennepin County Inst. Name Street Address City Phone I-Net Sub St. Anthony Public Library 2900 NE Pentagon Dr. St. Anthony Higher Education Inst. Name Street Address City Phone I.Net Sub Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 41 5-5413 X X Northwestern Co 1- FB field 3003 Snelling Ave. N. Roseville 631-5100 X X Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X U of M - Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 y Y ISP Inst. Name Street Address City Phone I-Net Sub Risdahl-Linahan Agency 2475 NW 15th St. New Brighton 631-1098 X T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X Lake JohannaFire Dept. Inst. Name Street Address City Phone I.N et Sub Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 Y X Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 Y Y Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 Y X .Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X X ----- -. . EXHIBIT B - Continued North Suburban Area Institutional Connections Page 10 Inst. Name Street Address City Phone I-Net Sub ~-profit . Name Street Address City Phone I-Net Sub Northwest Youth & Family Services 3490 Lexington Ave. Shoreview Private Schools Inst. Name Street Address City Phone I-Net Sub Concordia Academy 2400 N. Dale SI. Roseville 484-8429 X X Corpus Christi School 2131 N. Fairview Ave. Roseville 639-8888 X King of Kings School 2330 N. Dale SI. Roseville 484-9206 X X North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X SI. Charles Barromeo 2727 NE Stinson Bvd. SI. Anthony 781-2643 X SI. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X SI. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X St. John the Evangelist 2621 McMenemy SI. Little Canada 484-2708 X X ~ Odilia School 3495 N. Victory SI. Shoreview 484-3364 X St. Rose of Lima 2072 N. Hamline Ave. Roseville 645-9389 X X Ramsey County Inst. Name Street Address City Phone I-Net Sub Island Lake Golf Center Grey Fox Rd. Shoreview Y Y Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 Y y Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X X Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View 784-8829 Y X Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 X X Ramsey Co. Library - Shoreview 4570 N. Victoria SI. Shoreview 486-2210 X X Ramsey Co. Public Works Bldg. 3377 N. Rice SI. Shoreview 484-9104 Y X Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E Shoreview 481-1300 Y y .msey Co. Women's Detention Kent & Larpenteur y y oreview Ice Arena 877 W. Hwy. 96 Shoreview 484-2400 Y y - - - ~.._- . EXHIBIT C . Description of Work Time Frame Engineering Walkout 0-6 months Engineering Design 2-8 months Commerce Permitting Day 75 Fiber Optic Cable and Node Installation 11-16 months Amplifier Replacement 12-24 months Passive Equipment Replacement 18-36 months System Balancing and Proof-of-Performance 36 months Activation in Phases; Completion By November 30,2000 . . . -- ".:\ ,>",-,,',: :".,'!" EXHIBIT D . . NORTH SUBURBAN I-NET PERFORi'1:ANCE STANDARDS Upon completion of the I-Net upgrade: I. Video Transmission A. Video transmission will comply with the following performance: standards: t. Carrier to noise ratio = 45dB or better 2. Carrier to composite triple beat = 53 dB or better 3. Carrier to composite second order = 55 dB or better 4. Carrier to cross modulation = 55 dB or better 5. System signal level variations (peak to valley) = n + 10 + 2 or better for all coaxial cable portions of the I-Net (where N = the number of amplifiers in cascade). B. Testing will occur twice yearly following the timing established in CFR 76.601 and 76.605. t. From the institution to the longest subscriber cascade. 2. From the institution through the applicable headendlhub site returning back to the same institution. 3. Performed using existing I-Net carriers active it the time of the testing, which will subject them to service interuptions. 4. Completed at Company-designated entry demarcation point at the . institution. 5. The system will meet calculated worst case fully loaded video and audio measurements, taking into consideration existing I-Net data loading at the time tbe measurement is taken. 6. Under ordinary operating conditions. 2. Digital Transmission A. For I-Net that is 50% or more coaxial cable, a Bit Error fulte of 1 X 10(-8) at the demarcation point. t. Outage times not included 2. Ordinary operating conditions B. For I-Net that is 50% or more fiber optic cable, a Bit Error Rate of 1 X 10(- 9) at the demarcation point. t. Outage times not included 2. Ordinary operating conditions C. For both coaxial and fiber network, the company will meet or exceed a reliability factor of 99.965% on an annual basis. D. Testing will occur twice yearly, during tbe months of JanuarylFebruary and July/August. e . EXHIBIT D - Continued 3. Repair and Maintenance . A. Company will provide a repair force of technicians capahle of responding properly to all requests for service by I-Net Users and available on a 7 X 24 X 365 basis. B. Under normal operating conditions, the initial page to the technician on call will be within a 10 minute time frame. Barring situations that are outside the control of the Company (i.e., physical damage to the network caused by third parties not under the control of the cable company, weather related restrictions, etc.), the company will continue to work on a service problem until it is resolved and complete its resolution of such problem within eight (8) hours, if resolution of such problem is within control of company. C. Fiber may be iucorporated, where necessary, to reduce amplifier cascades to meet performance standards. Where possible, fiber nodes may be located within the building or facility of the I-Net user. D. I-Net Users will be notified at least seven days in advance of any scheduled maintenance that will interrupt service on the I-Net, unless I-Net Users agree to waive such time frame. Where possible, such maintenance will be schednled at times of low usage. . e I .' . CITY OF ARDEN HILLS MEMORANDUM DATE: June 23,1998 TO: Mayor and City Council FROM: Brian Fritsinger, City Administra~ SUBJECT: Amendment for Sale of Strong Beer Back~round The City has received a number of inquiries over the past two years regarding the sale of strong beer by on-sale wine licensees. The City Council reviewed this potential amendment to Chapter Three of Arden Hills Code of Ordinances during several of its conversations related to codification. The intent had been to incorporate this amendment into the codification process. However, as a result of the slow process related to codification, this amendment has not yet been adopted. It would be appropriate for Council consideration of this amendment prior to the completion of . the codification process. Who Can Sell Stron!! Beer? At the current time, only full, on-sale liquor licensees are authorized by Arden Hills Code to sell strong beer. Minnesota State Statute does permit on-sale wine licensees to be authorized to sell strong beer. Under What Circumstances Can On-Sale Wine Licensees Sell Strong Beer? On Sale Wine licensees can sell strong beer under the following two circumstances. 1. The licensee must also have a non-intoxicating malt liquor license issued by the City. 2. The gross receipts of the licensee must be at least 60% attributable to the sale of food. What Amendments are Necessarv to Allow Such Sales? In order to permit on-sale wine licensees to sell strong beer, the City needs to amend Chapter 3, Section 3-38(c) of the current Arden Hills Code to include the following language: . .. Memorandum, Amendment for Sale of Strong Beer Page Two . June 23,1998 "The holder of an on-sale wine license who is also licensed to sell non-intoxicating liquor/malt beverages "on-sale" and whose gross receipts are at least 60% attributable to the sale of food may also sell intoxicating malt liquors "on-sale" without an additional license. " Recommendation The City Council is asked to adopt Ordinance No. 308 and direct the City Administrator to publish the ordinance in accordance with Minnesota State Statutes. BF/sls . . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 308 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY OF ARDEN HILLS MUNICIPAL CODE RELATING TO THE SALE OF STRONG BEER The Arden Hills City Council hereby ordains that the following language is added to Chapter 3, Section 3-38(c) of the Arden Hills City Code is amended to read: Section 3-38. Classification. (c) "On-sale wine" licenses shall be issued only to restaurants meeting the qualifications of Section 340.11, Subdivision 20 of Minnesota Statutes Annotated, as amended, and shall permit only the sale of wine not exceeding fourteen (\4) . percent alcohol by volume, for consumption on the licensed premises only in conjunction with the sale offood; provided, however, that in no event shall such "on-sale wine" licenses be issued to "fast-food restaurants" as that term is defined in Section VI, Subdivision 6 of Ordinance No. 99, as amended by Ordinance No. 188. All refercnces in this chapter to "on-sale" licenses or sales shall be deemed to include "on-sale wine" licenses or sales unless the context in which the term is used clearly requires a different interpretation. "The holder of an on-sale wine license who is also licensed to sell non- intoxicating liquor/malt beverages "on-sale" and whose gross receipts are at least 60% attributable to the sale of food may also sell intoxicating malt liquors "on- sale" without an additional license." Effective Date This ordinance shall become effective the day following its publication in the City's official newspaper. . --------.-- . ORDINANCE NO. 308 PAGE TWO JUNE 29, 1998 . Adoption Date Passed by the City Council of the City of Arden Hills this 29th day June, 1998. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITS INGER, CITY ADMINISTRATOR (SEAL) Publication Date Published on the _ day of ,1998. (Affidavit Attached) . . .. CITY OF ARDEN HILLS . MEMORANDUM DATE: June 24,1998 TO: Mayor and City Council FROM: Brian Fritsinger, City Administrato~ SUBJECT: Certification of Local Performance Measures for Local Performance Aid Payable in 1999 Background During the 1996 Legislative Session, the State of Minnesota adopted a law which provided for a new state aid for all cities beginning in calendar year 1997. This new aid was called Local Performance Aid (LPA). Under Minnesota Statutes, Section 477A.05, the City is required to have a system of performance measures for services provided by the City, and must regularly compile and present these measures to the City Council at least once each year. The City participated in the program in 1997 and 1998 without having a system of performanee . measures in place. For the initial two (2) years of this program, cities were not required to have a system in place. By participating, the City was committing to preparing a system for 1999. Staff is still working with League of Minnesota officials and other cities to develop a system that will be acceptable to the State of Minnesota. What Program was Identified in 1998? The City directed these funds toward partially supporting the City's share of the Ramsey County Contract Cities D.A.R.E. Program. It was believed that this type of program will provide greater tracking and performance measurement opportunities. With some of the changes in this program, staff would proposed the Council consider something different for 1999. What Program Will the Aid be Tar~eted Towards? Staff has considered the various ser\ices pro\ided by the City and would suggest that this Aid be used to determine the effectiveness of city communication efforts. Each year the city invests resident tax dollars into the production of the city newsletrer, produces press releases, utilizes cable TV production and at some point in the future may consider utilizing a city web page on the internet. By analyzing the data obtained from the co=uniry 51l1'yey, whic:h is completed every couple of years, the city can better analyze the effectiveness of our communication efforts. Can the City Spend the Money Without a System in Place? No. The City needs to develop its system of measuring performance before it can spend 1999 LP A. However, information from the state does indicate that the City can use this aid to . establish the performance measurement system, or replace property tax dollars that would otherwise have been levied. - ----- .. Memorandum, Certification of Local Performance Measures for LP A Payable in 1999 Page Two June 24, 1998 . How Much LPA can be Expected for I999? The specific amount of LP A to be available for 1999 is currently not available. In 1997, the City received $10,577, and in 1998, $12,122. Recommendation Staffrecomrnends the adoption of Resolution #98-47, approving Local Performance Aid. BF/sls . . , CITY OF ARDEN HILLS . COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 98-47 A RESOLUTION APPROVING LOCAL PERFORMANCE AID WHEREAS, Minnesota Statutes, Section 477A.05, provide for Local Performance Aid; and WHEREAS, in order to qualify for this aid, the City must develop a system of performance measures in compliance with Minnesota Statutes, Section 477 A.05; and WHEREAS, the City has qualified for aid in 1997 and 1998 without having a system of performance measures in place; and WHEREAS, the City believes it has the ability to identify a specific program for which performance measures can be developed, monitored, and reported; and WHEREAS, the City would propose that the Local Performance Aid be used to determine the effectiveness of city communication efforts with residents; and . WHEREAS, the City of Arden Hills would like to qualifY for Local Performance Aid. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota, that the City intends to implement a system of performance measures; and BE IT FURTHER RESOLVED, that the City supports the completion of the Certificate of Local Performance Measures lor Local Performance Aid Payable in 1999 and that this document be torwarded to the appropriare state agency. PASSED .~'j) ADOPTED BY THE CITY COUNCIL OF THE CITI' OF ARDEN HILLS ON THIS 29TH :9AY OF J1.'N~ 1998. DENNIS PROBST, MAYOR ATfEST: BRIAN FRITS INGER, CITY ADMINISTRATOR . CITY OF ARDEN HILLS . MEMORANDUM DATE: June 29, 1998 TO: Mayor and City Council FROM: K"i" Rh"w.ld, A"i,t." '" Ib, C;ty Admi""""";{;r-' SUBJECT: Activities June of 1998 The following summarizes some of the activities undertaken in June of 1998. Planning Commission - July 1. Planning Case 98-16, Terry McCleary, 1665 Valentine Avenue, Lot SpIitNariance (lot width). The applicant is requesting approval of a Lot Split so as to create two (2) parcels on a 1.99 acre parcel zoned R-I Single Family Residential. The request also includes a variance for lot width on the easterly parcel (lot width 64.69 feet is provided when 95 feet is required) and westerly parcel (lot width 25.33 feet is provided when 95 feet is required). The property was previously laid out for the development of four (4) lots on the property, . however, this was never filed. The property also contains the necessary utilities (water and sanitary sewer) to provide for those four lots. The westerly parcel contains the existing home (1665 Valentine A venue) and the easterly parcel is vacant and will be sold for the construction of a single family home. 2. Planning Case 98-17, John McClung, 4326 North Snelling Avenue, Minor Subdivision, Variance (Lot Depth and Area). The applicant is requesting approval ofa three (3) lot minor subdivision. The applicant proposes to divide Outlot A, McClung First Addition into three parcels. Proposed Parcel C contains the existing home of the applicant. The applicant is also requesting approval of variances for the lot area (195 sq. ft.) and for the lot depth (8.38 feet) on proposed Parcel B and a vacation of part of a utility easement. McClung First Addition was approved on October 16, 1978. It contained II lots and Outlot A. The City granted lot depth variances of 1.9 feet were granted for the three lots across McClung Drive from the Outlot being considered in the current application and lot width variances of five feet were granted for two other lots. The drainage easement across portions of Outlot A now exist in the form recommended by RCWD in 1978. The applicant came before the Planning Commission with this request as part of Planning Case 96-24 on November 6, 1996. The Planning Commission postponed action on this request until such time as a wetland delineation was completed. Subsequent to that action the applicant withdrew the request. . ~ , 3. Planning Case 98-18, Dorsey & Whitney (Northpark Commercial Properties Limited Partneship), 1200 & 1210 West County Road E, SUP (revocation). The . applicant on behalf of the owners of the buildings at 1200 and 1210 West County Road E request that an existing Special Use Permit be revoked. In Planning Case 89-07 the applicant Farmers Insurance Group (a tenant of the building) requested approval of an antenna on top of the building. Farmers Insurance Group no longer is a tenant in the building and the antenna left with the tenant. To clean up the title of the property (SUP's are recorded) the applicant on behalf of the owners (Northpark Commercial Properties Limited Partnership) is requesting that the SUP be revoked. 4. Planning Case 98-19, Thomas Whittles, 1867 Glenpaul Avenue, Variance (side yard - Detached Garage). The applicant is requesting approval of a side yard setback variance for a detached garage addition (four feet proposed, when ten feet is required) on a single family lot zoned R-2 (Exhibit A). Glenpaul Avenue Variances Planning Case Address Tvpe of Variance Action 76-17 1904 Glenpaul Avenue 2' side yard garage (detached 672 sf) Approved 76-32 1854 Glenpaul Avenue 5' side yard garage (detached 576 sf) Approved 77-6 1900 Glenpaul Avenue 3' side yard garage (detached 672 sf) Approved . 79-11 1911 Glenpaul Avenue 4' side yard garage (detached 624 sf) Approved 79-23 1870 Glenpaul Avenue 3' side yard garage (detached 624 sf) Approved Associate Planner The Staff has narrowed the candidate list to two. The second interviews will be occurring on Thursday, July 2, 1998. Both individuals are strong candidates. Comprehensive Plan update The Planning Commission continues to meet to discuss the update to the Comprehensive Plan. At the last meeting, June 17, 1998, the Planning Commission discussed the final draft of the Park and Trail map, Land Use Element text, Housing goals, and made substantial progress on the Transportation Element. The Planning Commission will have its next worksession on Wednesday, July 15,1998. The primary topics will be reviewing revisions to the Transportation Element. Starting discussion on the Infrastructure Element (Water, Sanitary Sewer, and Storm Sewer) and Natural Resource Element. I have also asked the consultant to map out a strategy to identify and rectify inconsistencies in our land use plan. I will forward this separate report directly to the City Council and Planning Commission for discussion. Lastly, your attendance at these meeting is welcome and appreciated. . Economic Development . 1. Gateway Business District. Progress continues on the construction of Phases II, III, and IV. The floors should be poured within a week. The Staff continues to negotiate for the acquisition of the Indykiewicz property. The negotiations have been very up and down, but generally trending upwards. Lastly, the Staff has been discussing with a developer the acquisition of the both the Morris Communication and Vaughan sites for a corporate office user (1,000 jobs averaging $75,000 per year). Two meetings have occurred and a third is planned. The discussions are still VERY preliminary, but promising. 2. Lexington Fox Illustrative Plan. The Staff has been receiving comments on the preliminary vision for the Lexington Fox Plan. The BDC will be discussing this further at its next meeting on Wednesday, July 15, 1998. Miscellaneous 1. Provisional Population Estimate. The City has received its provisional population estimate as of April I, 1997 from the Metropolitan Council (Exhibit A). The population estimate for Arden Hills as of this date is 9,692 persons. The estimate would appear to be a reasonable estimate. I-35W Corridor Coalition The Coalition continues to move forward on it studies on GIS, transportation, and housing. The Coalition has hired a GIS consultant through the end of 1998 to assist the Coalition and the cities get the most out of this new computer system. The RFP for a consultant to assist the Coalition . develop a detailed strategy to assist on transportation and housing are being prepared. The Cities continue to work together on smaller issues such as the corners along County Road D (ie., at Cleveland Avenue and at Fairvew and at Lexington Avenue) to see how we can coordinate our economic developmentlredevelopment activities in these areas. Lastly, the Coalition has been evaluating hosting a Building Fair for the residents of the communities. The main idea behind it would be to allow the residents to obtain information about vendors, products, and city rules and regulations all at one place. Any thoughts that you may have on the value of this would be helpful. If rents for the booth spaces are charged, then this activity could generate its own revenues, except for perhaps some 'seed money" (Exhibit B). . ------.-.----- ---- --- ~~~ 14 Metropolitan Council Provisional Population Estimate . April 1 , 1997 ARDEN HILLS Housing Units '. 199'lEsUrnatedoccupied . mLm.19~7EslirT1ated .....m ,lis;qmplet~'dI-lO).\~ing',Ul1it!; """"'TH6usenolds ....mm'.'~. Single-family 2,131 2.088 Multifamily (inc!. lown homes) 583 674 653 Mobile Home 303 303 288 Total 2,958* 3,108 3,029 1990 Census Total Popuiation 1990 Group Quarters Population 1,025 1990 Population in Households 8,174 1997 Population Estimate 9,692 1997 Group Quarters Population 1,446 1997 Population in Households 8,246 1990 Census Persons per Household 2.81 1997 Persons per Household .' 2.72 All numbers are as of April 1 of each year. *This total includes 8 unit(s) listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats. railroad cars, campers and vans. Since no information on __ units is available between censuses, for purposes of 1997 population and household estimation, these units have allocated to the single and multiple family categories. This was done based on persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. - t~nlQlrr ~tx(r; V I Phone: (612) 717-4000 Fax: (612) 784-3462 June 24, 1998 Kevin Ringwald RECEIVED Community Development Director JUN 25 1998 City of Arden Hills 4364 West Round Lake Road mv 6f AIIltN ttIUS Arden Hills, MN 55112 Re: Home and Garden Show for Spring 1999 Dear Mr. Ringwald: As we had previously discussed, the city of Mounds View has recently approved funding for the promotion and implementation of a Home and Garden Show for the spring of 1999. Other e communities that host similar venues find Home and Garden shows to promote home improvement and redevelopment within their communities. The events may also be used as an opportunity to promote other city services as well. In reviewing other communities which host Home and Garden Shows, it was found that some communities combine efforts. The city of Mounds View is contacting surrounding communities for interest in participation with Mounds View in the promotion of a Home and Garden Show. We intend to begin planning the event in August. Please contact us with your community's interest in participating as ajoint effort for the promotion ofa Home and Garden Show. Sincerely, ~~ Steve Dorgan Housing Inspector 717-4023 N:\DAT A\GROUPS\CO~DEV\ROUS[NG\HOMEF A1R\CO~fMREQ.n e 2401 Highway 10. Mounds View, MN 55112-1499 * tt><::ycl\1'Clpaper Equal Opportunity Employer -.----- . . CITY OF ARDEN HILLS . MEMORANDUM DATE: June 22, 1998 TO: Mayor and City Council FROM: Cindy S. \Valsh, Community Development Director (S~ SUBJECT: June Department Report Trail Update The trail culvert project that crosses the wetland between Hamline Avenue and Cummings Park has been completed. Lametti and Sons finished the project within a weeks time. I am pleased with the end result. I anticipate a final pay estimate coming to the Council in July. Welsh Companies has graded the trail area on the east side of Phases II, III, and IV. However, they do not seem to remember that the grading and paving of a trail along Phase I on the U.S. Fish and Wildlife right-of-way (ROW) easement is their responsibility. As you may recall, I obtained the ROW easement for this purpose. The construction along Phase I was always part of my recommendation to the Council as a part of their fulfillment of their park dedication fee. It . was their choice to construct the trail along Phases I-IV rather than to pay the City $50,876.69. I will continue to work with representatives from Welsh Companies to resolve this situation. Park Maintenance The maintenance staff have bcen busy mowing, trimming, and repairing areas within the parks and trails. The addition of our seasonal staff has helped us catch up. The staff have completed the task of trimming branches back from grass trails throughout the Chatham area. This area is difficult to maintain since the trails are not paved and become unusable to our vehicles after a ram. We have worked with the Little Lakes Little League Association to jointly fund some additional safety fencing at Hazelnut Park. The dugout areas are now fenced in to prevent foul balls from hitting players on the bench. The maintenance staff have completed the concrete work that goes along with the fencing of the dugout areas. Staff plans to dismantle the play structure at Cummings Park the week of July 6. We will then begin construction of the new structure on July 13. Code Euforcement 1. 1369 Forest Lane-- There has been no change in status. Mr. Nixon has until 811 5/98 to complete all repairs. He informed us on 6/23/98 that the mortgage has still not been paid by his . Insurance Company. . - . . 2. 1875 Lake Lane-- Dave Scherbel has been working with the owner since last October in a~ . attempt to bring it into compliance. We have given the owner a deadline of July 3,1998 to have the cleanup completed to the satisfaction of the City and a date of September 3, 1998 to bring the home repairs up to code. 3. 1891 Lake Lane--Dave has been working with the State Commerce Department to urge the contractor to make the necessary changes. The contractor performed work without a permit and the finished product has numerous code violations. The City has recently issued a citation and the state has started proceedings to revoke the contractor's license. 4. 3171 and 3183 N. Lexington Avenue-- These buildings are considered dangerous and are in terrible condition. In April of 1998, the owner agreed that the buildings should be tom down, but he has failed to follow through. We may need to pressure the owner into removing the houses by having the City Council set a date when the City will demolish the buildings and assess the owner. I will keep you updated. 5. Indian Oaks Circle-- Dave Scherbel and I have been made aware that the residents on that street have a number of property line problems. There is a driveway and part of a house on the abutting property. In addition, there are gardens, plantings, and storage items on the City trail easement. In one segment, the City trail is not on our easement. The entire neighborhood is arguing over property lines. Dave and I have met with some of the residents to resolve easement Issues. Building Permits During the month of May, there were 28 building permits issued with a total value ofS439,928. ~ Two of the permits were for finishing interior office areas. * New Roberts Building at 1160 Red Fox with a value of$201,318. * East Side Beverage at 1260 Grey Fox Road with a value of$76,000. In May, fees totaling $11,270.40 were collected for permits. As ofJune 23, 32 permits valuing Sl,593,896 have been issued. * Pilgrim House Unitarian Church at 1212 W. Hwy 96 for $250,000. * Bethel college for $650,000. * Interior office remodel at 3585 N. Lexington for $19,000 * Demolition and issuance of new home permit at 1386 Skiles lane for $379,844. Recreation Programs * The summer playground programs started the week of June 22. Weare offering programs at Cummings, Floral, and Hazelnut and Valentine Parks. * 17 T -ball and softball teams have begun games and practices. * A preschool basketball class planned for 4-6 year olds. * Tracy will be working on safety camp, fall recreation guide, and additional sll.mmer programs. Day in the Park The Day in the Park event was held at Hazelnut Park this year. It was very successful with approximately 300 people participating throughout the day. Tracy did the majority ofthe work on the event and did an excellent job. . Parks and Recreation Commission ----- -------- 4 . The June meeting was canceled due to lack of members able to attend. The Commission will meet in July to approve the Comprehensive Plan draft. . Tony Schmidt Park Redevlopment Ramsey County intends to submit plans for the August Planning Commission meeting. They will bid the project out after Council approval. Because of the construction season time lines, I intend to move this planning item up to the first Council meeting in August. Mr. Mack told me that they intend to begin the site work this fall. The Phase II redevelopment has not yet been approved by Ramsey County. If it is approved, the money will not be available until June of 1999. Construction will scheduled for fall of 1999. Associate Planner Position We will be interviewing two people in the second interview. Both individuals will be provided with a mock planning case to present at the interview. They will receive materials ahead of time so that they can be prepared. ~ . , CITY OF ARDEN HILLS . MEMORANDUM DATE: June 23,1998 TO: Brian Fritsinger, City Administrator FROM: Dwayne Stafford, Public Works Director SUBJECT: Monthly Department Head Report Puhlic Safety Commission The City of Arden Hills Public Safety Commission held its regularly scheduled June meeting at the Temporary City Hall. Topics on the agenda were: I. Lake Josephine Ordinance and Joint Powers Agreement 2. Emergency Preparedness Plan ~ City Parking Ordinances J. 4. Street Light Request . Take Tosephine Onlinance and Toint Powers Agreement The Public Safety Commission discussed the proposed Lake Josephine Ordinance and the Joint Powers Agreement, and unanimously agreed to recommend Council's approval of the Ordinance and Joint Powers Agreement in its present form. Staff will be presenting the Ordinance and Joint Powers Agreement to Council at their July 13, 1998 meeting. Emergency Preparedness Plan Chairman Tholen reminded Commission members that the plan provided was just a guide for the Commission members to get started with. Chairman Tholen will be setting up meetings with himself, Mr. Bishop, two Commission volunteers and l\1r. Stafford, to begin gathering information for the Emergency Plan in the next few weeks. Parking Ordinances Chairman Tholen provided copies of Parking Ordinances for several Ramsey County Cities near A.,,-uen Hills, and Commission members compared those to Arden Hills ordinances. Chairman Tholen asked the Commission ifthey felt the Arden Hills ordinance should be modified to make it easier to enforce. However, Commission members voted not to recommend any changes to the existing Arden Hills Parking . Ordinances. . Monthly Department Head Report, June, 1998 Page 2 Street I .ight Request . The Public Safety Commission received a petition for the installation of a street light at the Cleveland Avenue-County Road E2 intersection. Commission members looked at the intersection and asked the Public Works Director to request the County install the requested street light, as both roads involved are County roads. Mr. Stafford has sent that request; however, the County has not had time to respond. Gateway The curbing is now in on Gateway Boulevard and the contractor is hauling in road base. Paving should begin soon. Buildings II, III and IV are now enclosed. Floors are being poured and interior work is under way. 1998 Street PrQject The City received the official Turnback Resolution from Ramsey County and got approval from the Rice Creek Watershed District for the Sto\...-e '-\...-enue storm sewer at the beginning of the month. These were items of concern when the project was awarded_ Storm sewer work on Edgewater is completed a:xi curbing and aprons have been poured. Contractor is scheduled to start bringing in road base this week. . Storm sewer work has started on Stowe and should be completed by Friday, June 26, 1998. Some ponding has occurred on Stowe as a result of blacktop removal and heavy rains. Traffic to this point seems to be getting through the water spots OK. Curbing should immediately follow the stornl sewer on Stowe Avenue. Puhlic Works With Fred Reed out for a triple by-p2SS and h= prob]eJ:T'~, plus '-acations, etc., the Public Works Department has been short-h.:mded all m=th. Fortunately, the Department has two pretty good part-time employees who haw been kept tnb} mainly on blad:top patching, so far. Currentlv, all Public \Vorks =p;c,-= are doi=::be 2"" q=er water meter readin!:!s. This takes r _ ~ _. "-' most of a week with good wearhe:-. Three more collapsing storm w= catch baiu'5 nave been discovered a....ld one has been rebuilt. Materials for the other two are on hand. Graffiti problems were down this year, especially around the high school. Possibly all the negative attention to the Taggers last year and the pro-active work by the school and authorities helped. . ---.- / .. . Monthly Department Head Report Page 3 Public Works (cont'd) The two stop signs on County Road F and Fairview were painted though and have been replaced with new plastic signs. Public Works employees mowed some boulevards and trimmed around hydrants this month. This should be done more often with all the rain. Class V was added to road shoulders in several areas where wash-outs have occurred, The City Engineer's assistant and the Public Works Director have been walking the drainage ditches and creeks in an effort to determine their condition. Because we are spending only about 3 hours per week on this effort, it may take the rest of the summer before all the ditches are evaluated. With about 1/8 of the ditches inspected, only one area has been found to need work so far. The Public Works Director is also working on specifications for the new generator that was budgeted for purchase in 1998. Factory reps from Onan and Caterpillar are providing input, as well as Public Works Staff. This generator would ha\'e been very helpful on Thursday morning, . June 25th, when eight lift stations were v,ithout power, Public Works Employees were called in at 2:00 a.m. when power was out on all fourteen lift stations, however, power was quickly restored to six of the stations. Areas of the Sanitary Sewer System with severe root problems were identified with this year's sewer televising. These lines lay along the eastern shore of Lake Johanna between the homes and the beach and are not accessible by our cleaning trucks without doing major clearing and restoration. Public Works employees have stated these lines have never been cleaned. The Director is currently looking for an Easement Machine, capable of accessing these lines, to rent or try-out to see if this is what the City needs. Shore"-1ew is willing to demonstrate their machine when they get time, hopefully after the 4th of July. Tne Public Works Director has contacted White Bear Lake Public Works and is exploring the ;X.,,;sibility of a joint purchase of an Easement Machine, as neither City would use it that much. Vadnais Heights may also be interested. Public Works employees and the Direcbr have been T..-pecting the storm sewer being installed on the current street projects and found some defecti.-e work which the contractor has re-done. Also, some curb work was re-done on Edgewater, \vmch the survey crew had laid out wrong. Greg Brown brought this to the Director's attention and explained BRW would cover these costs, as it was their mistake. This was not ilie procedure be:ore BR W. .