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Home My WebLink About2006-02-22 CC Packet t;J.. teroiile ell 'L'wU""" mY CITY COUNCIL MEETING Wednesday, February 22,2006 6:30 P.M. Set Agenda = Red COUNCIL MEETING L CALL TO ORDER 1. Roll Call ll. APPROVAL OF AGENDA m APPROVAL OF COUNCIL MINUTES 1. February 8, 2006 City Council Meeting Minutes (Page 1-11) IV. CONSENT AGENDA 1. City of Centerville February 9, 2006 through February 22, 2006 Claims (Page 12) 2. Centennial Police Department Claims through February 10,2006 (Page 13- 14) 3. Northdale Construction Company, Inc., Pay Estimate #8 - $11,902.61 with Change Order #1 (page 15-21) 4. Lynn & Associates, Strategic Planning with Council- $4,210 (page 22) 5. Res. #06-015 - Comprehensive Plan Amendment & Rezoning Properties Along A Portion of 20th Avenue As Attached Exhibit A (Page 23-24) (Housekeeping) v. A W ARDS/PRESENTATIONS/APPEARANCES VI. PUBLIC HEARINGS 1. Outdoor Recreation Grant Application (em ail to Council by Monday or Tuesday) (See Items #2 & #5 Under New Business) VII. NEW BUSINESS 1. Ground Development, Inc. Request for Escrow Return - Pheasant Marsh 2nd Addition - $12,500 (page 25) 2. Res. #06-0XX - Approval of the Outdoor Recreation Grant Application (page 26) 3. License Agreement with Anoka County - Use of Color Digital Orthophotos (Page 27-29) 4. Proposed Emergency Interim Ordinance #90 - Temporarily Prohibiting Certain Development in Downtown Centerville - Downtown Redevelopment (Page 30-33) 5. Res. #06-0XX: - State Capital Bonding Bill for Funding Associated with the Reconstruction of a Portion of CSAH14 from Interstate 35E to Interstate 35W Along with the Reconstruction of the Interchange at Interstate 35E (page 34-41) 6. Res. #06-0XX: - State Capital Bonding Bill for Funding Associated with the Acquisition of 1601 LaMotte Drive (41a-41b) vm. OLD BUSINESS 1. Res. #06-0XX: - Ice Rink Expansion - Centennial Hockey Association (Page 42-44) & (Page 44a-44c) 2. Pheasant Marsh 3n1 Addition - Developers Agreement (Update) (Page 45- 73) 3. Res. #06-0XX: - Calling for Public Hearing, Plans & Spec. - 21st A venuelBackage Road (page 74) 4. Consider Execution of Option to Purchase Land Associated with Backage Road Project (Page 75-85) 5. St. Paul Regional Water Services - Purchase Agreement/Option Agreement (page 86-125) 6. Legal/Prosecution Services (Update) IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator, Mr. Dallas Larson 2. CSAH 14 Improvement x. ADJOURNMENT **REMINDERS** Monday, February 20,2006 - President's Day (City Hall Closed) Wednesday, February 22,2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.) Wednesday, March 1, 2006 - P & R - City Hall Council Chambers (6:30 p.m.) Tuesday, March 7,2006 - P & Z - City Hall Council Chambers (6:30 p.m.) Wednesday, March 15,2006 - Cable Commission - Spring Lake Park City Hall Council Chambers (7:00 p.m.) Wednesday, March 22,2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.) Name 10100 MAIN STREET BANK Paid Chk# 021072 AVLlC Paid Chk# 021073 CINGULAR WIRELESS Paid Chk# 021074 NATIONWIDE RETIREMENT Paid Chk# 021075 PUBLIC EMPLOYEES Paid Chk# 021076 SWEENEY, KRIS Paid Chk# 021077 US BANK CORPORATE TRUST Paid Chk# 021078 XCEL ENERGY Paid Chk# 021079 US BANK CORPORATE TRUST ,erlliLLe UPDATE CITY OF CENTERVILLE 02/22/06 11 :32 AM Page 1 *Check Summary Register@ FEBRUARY 2006 Check Date Check Amt 2/23/2006 2/23/2006 2/23/2006 2/23/2006 2/23/2006 2/23/2006 2/23/2006 2/23/2006 Total Checks $549.07 DEF COMP W/H 2-23-06 $131.27 CELL PHONE SERV THRU FEB. 2006 $831.38 DEF COMP W/H 2-23-06 $2,189.06 PAYROLL W/H 2-23-06 $24.48 MILEAGE REIMBURSEMENT $6,825.00 GEN OBLlG. #801072900 TEMP IMP $2,559.15 STREET LIGHTS $100.00 #000015344950 - PARKVIEW BOND $13,209.41 tervi{{e 'Estab{isfiecf 1857 1880 :Main Street . Centervi{fe, 'Jvf:N 55038 STATE OF MINNESOTA (651)429-3232 . P~(651)429-8629 COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #06-0_ AUTHORIZING SUBMISSION OF REUQEST FOR STATE BONDING FUNDS FOR THE ACQmSITION OF PROPERTY ON CENTERVILLE LAKE WHEREAS, the City of Centerville has been working to purchase the final undeveloped lake lot on Centerville Lake from the St. Paul Board of Water Commissioners to provide residents public access to Centerville Lake in Centerville; and WHEREAS, without the timely purchase of this lot, the lot will be sold for private development eliminating the ability to provide public access to Centerville Lake in Centerville; WHEREAS, the Minnesota Department of Natural Resources has stated that it does not have funding available for this project. NOW, THEREFORE BE IT RESOLVED, that the Centerville City Council authorizes the submission of a request to the Minnesota State Legislature for 2006 bonding funds for the acquisition of property from the St. Paul Board of Water Commissioners in the amount of65.3% of the acquisition costs, or $350,000. PASSED AND ADOPTED by the City ofCenterville this 22nd day of February, 2006. Mayor, Mary Capra Attest: City Clerk, Teresa Bender 4/4., State Bonding Funds for 2006 Acquisition of Lake Access Property by the City of Centerville for Community Residents 1. Name of Local Government Submittinq Request: City of Centerville, Minnesota 2. Project Title: Centerville Lake Access Acquisition 3. Project Priority Number: 1 4. Project Location: 1601 LaMotte Drive, Centerville, Minnesota 5. State Funds in 2006: $350,000. 6. Additional State Funds to be Requested for Subsequent Phases in 2008: NA with receipt of 2006 funding. 7. 2010 State Funds: Same as #7. 8. Non-State Funds Available: $186,000, City Park Funds. 9. Proiect Description and Rational: The City of Centerville is proposing to purchase lake front property on Centerville Lake from the St. Paul Board of Water Commissioners to provide residents of the community access to Centerville Lake. This is the final undeveloped lot on Centerville Lake and, without acquisition; the property will be sold for private use eliminating resident access to the lake in Centerville. 10. Who will own the Facilitv: City of Centerville 11. Total Proiect Costs: 12. For New Construction Projects: NA 13. Project Schedule: 2006 - 2008. 14. New or Additional State Operatinq Dollars that Will be Requested for this Project: NA. 15. Resolution of Support: See Attached. 16. Proiect Contact Person: John Meyer, Finance Director, City Hall, 1880 Main Street, Centerville, Minnesota 55038, 651-429-3232. 4/i, CENTENNIAL HOCKEY ASSOCIATION ICE FACILITY DEVELOPMENT Initial Development Cost to City - $8,000 per year for two years (total of $16,000) Source: General Fund Capital Outlay (see attached CIP) Ice Time Number of Hours Per Year (16% of 480 hours): 76.80 Current Cost Per Hour: $ 160.00 Year Inflation Factor 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 1 $ 12,595.20 $ 12,656.64 $ 12,718.08 $ 12,779.52 $ 12,840.96 $ 12,902.40 2 $ 12,910.08 $ 13,036.34 $ 13,163.21 $ 13,290.70 $ 13,418.80 $ 13,547.52 3 $ 13,232.83 $ 13,427.43 $ 13,623.93 $ 13,822.33 $ 14,022.65 $ 14,224.90 4 $ 13,563.65 $ 13,830.25 $ 14,100.76 $ 14,375.22 $ 14,653.67 $ 14,936.14 5 $ 13,902.74 $ 14,245.16 $ 14,594.29 $ 14,950.23 $ 15,313.08 $ 15,682.95 6 $ 14,250.31 $ 14,672.51 $ 15,105.09 $ 15,548.24 $ 16,002.17 $ 16,467.10 7 $ 14,606.57 $ 15,112.69 $ 15,633.77 $ 16,170.17 $ 16,722.27 $ 17,290.45 8 $ 14,971.73 $ 15,566.07 $ 16,180.95 $ 16,816.98 $ 17,474.77 $ 18,154.97 9 $ 15,346.03 $ 16,033.05 $ 16,747.28 $ 17,489.66 $ 18,261.14 $ 19,062.72 10 $ 15,729.68 $ 16,514.04 $ 17,333.44 $ 18,189.24 $ 19,082.89 $ 20,015.86 11 $ 16,122.92 $ 17,009.47 $ 17,940.11 $ 18,916.81 $ 19,941.62 $ 21,016.65 12 $ 16,525.99 $ 17,519.75 $ 18,568.01 $ 19,673.48 $ 20,838.99 $ 22,067.48 13 $ 16,939.14 $ 18,045.34 $ 19,217.89 $ 20,460.42 $ 21,776.75 $ 23,170.86 14 $ 17,362.62 $ 18,586.70 $ 19,890.52 $ 21,278.84 $ 22,756.70 $ 24,329.40 15 $ 17,796.69 $ 19,144.30 $ 20,586.69 $ 22,129.99 $ 23,780.75 $ 25,545.87 16 $ 18,241.61 $ 19,718.63 $ 21,307.22 $ 23,015.19 $ 24,850.88 $ 26,823.16 17 $ 18,697.65 $ 20,310.19 $ 22,052.97 $ 23,935.80 $ 25,969.17 $ 28,164.32 18 $ 19,165.09 $ 20,919.50 $ 22,824.83 $ 24,893.23 $ 27,137.79 $ 29,572.54 19 $ 19,644.21 $ 21,547.08 $ 23,623.70 $ 25,888.96 $ 28,358.99 $ 31,051.16 20 $ 20,135.32 $ 22,193.49 $ 24,450.53 $ 26,924.52 $ 29,635.14 $ 32,603.72 Total $ 321,740.07 $ 340,088.66 $ 359,663.26 $ 380,549.55 $ 402,839.18 $ 426,630.17 Value of Passes & Free Day Per Year (present value) Passes Free Session 48 25 $ $ 4.00 $ 192.00 4.00 $ 100.00 Total $ 292.00 Intangible -- Right to purchase 25 hours per season for 20 years -f~ ~ Oz 83:5 zn. 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Fax: 651-636-1311 wwwbonestroo.com February 20, 2006 Dallas Larson City of Centerville 1880 Main Street Centerville, MN 55038-9794 Re: CSAH 14 Reconstruction BRAA File No. 000616-04139-0 Dear Dallas, As part of the proposed reconstruction of Main Street in 2007, the City's water system must be inspected, adjusted, and extended prior to the new road improvements. The following scope and compensation is for our time to design the necessary watermain improvements for inclusion in Anoka County's construction plans. 1. Review existing drawings and maps 2. Design water system on Main Street from Progress to Goiffon. 3. List necessary repairs to valves and hydrants 4. Provide plan sheets and information to SRF Engineers for inclusion in the CSAH 14 Reconstruction ProjecL 5. Design force main system on Main Street from Lift Station No. 1 to Peltier Lake Drive. 6. Prepare estimated quantities. 7. Prepare cost estimates. 8. Attend meetings associated with these tasks. We proposed to complete the services outlined above at a not-to-exceed fee of $10,000. Yours very truly, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. 7 ~p:J wI#l'v ~ Thomas W. Peterson TWP:crw St. Paul. St. Cloud. Rochester. MN · Milwaukee. WI · Chicago.ll Affirmative Acrlan/Equal Opp....lunll' EmpIDpr and EmploJ1le Owned \; '"" Dr. Ro er B. Worner, Su erintendent 763 792-6010 SCHOOL BOARD MEMBERS CHAIRPERSON Dennis Halverson VICE CHAIRPERSON Christina Wilson CLERK Suzy Guthrnueller TREASURER Sharon Johnson DIRECTOR Karen Lodico DIRECTOR Bret Shroyer CENTENNIAL SCHOOLS Independent School District No. 12 4707 North Road Circle Pines, Minnesota 55014-1898 (763) 792-6000 Fax: (763) 792-6050 www.isd12.org February 13, 2006 Dear Community Leader, We all bave an important issue facing our community and your help is needed in spreading the word. A public presentation, "Meth: Be Concerned," will alert attendees to the real and present danger of Methamphetamines in Anoka County, Centennial School District, and our five cities at 7 p.m. on Tuesday, February 28 in the Centennial Middle School Auditorium, 399 Elm Street, Lino Lakes. This program is a collaborative effort between the school district and the five communities we serve and work with every day (Blaine, Centerville, Circle Pines, Lexington, and Lino Lakes). The presentation will include a graphic slide presentation chronicling the impact Meth has on the user, family, communities, cnminal activity, and law enforcement. Attendees will hear from Lino Lakes, Centennial Lakes, and Blaine police officers; learn about the drug's presence in our communities; find out about the unbelievable threat of Meth to our communities, families, and children; and inspect-first-hand--examples ofthis drug and user paraphernalia. Finally, information tables will be set up in the middle school entry providing additional opportunities to learn more about methamphetamines. Methamphetamine use is serious business across Minnesota, in Anoka County, and in our communities. The February 28 presentation is a very important first step in enhancing awareness among community leaders and the general public, as well as among school district staff members, teachers, and students. Please help us publicize this important presentation among members of your organizations and congregations, in your neighborhoods, at your local business, in your classrooms, and with your children. The presentation is free of charge and will be completed by 8:30 p.m. For more information, please contact the office of the Superintendent of Schools (telephone: 763-792- 6010; e-mail: dhoyhtva@isd12.com; or visit the Centennial web site at www.isdI2.org).This presentation is the first in a series of joint initiatives by the cities and school district working together to serve and improve our communities. On behalf ofthe organizations supporting this presentation, we look forward to seeing you on the 28th. Sincerely, ~ RBW:dkh f' ., ! Meth - Be Concerned This free public presentation will alert attendees to the real and present danger of Methamphetamines in Anoka County, Centennial School District, and its five cities. 7 p.m., Tuesday, Feb. 28 Centennial Middle School Auditorium 399 Elm Street, Lino Lakes View a slide show on meth's impact on the user, family and community; learn about the drug's presence in our community and local law enforcements experience and response; find out what to do next; and stop at exhibit tables to learn more Sponsored by the: . Cities of Blaine, Centerville, Circle Pines, Lexington, and Lino Lakes . Police Departments of Lino Lakes, Centennial Lakes and Blaine . Centennial School District For more information, please contact the Centennial Superintendent's office (763-792-6010; e-mail dhoyhtya@isdI2.com; or visit the Centennial web site at www.isd12.org). This presentation is the first in a series of joint initiatives by the cities and school district working together to serve and improve our communities. ... METH news article Learn about Meth at Feb. 28 presentation A public presentation, "Meth: Be Concerned", will alert attendees to the real and present danger of Methamphetamines in Anoka County, Centennial School District, and cities in the district at 7 p.m. Tuesday, Feb.<;28 in the Centennial Middle School Auditorium, 399 Elm Street,Lino Lakes. This program is a collaborative effort between the district and its five communities (Blaine, Centerville, Circle Pines, Lexington, and Lino Lakes). View a slide show on meth's impact on the user, family and community; learn about the drug's presence in our community and 10ca1law enforcement's experience and response; find out what to do next; and stop at exhibit tables to learn more. Jim Mulder can tell you about meth's devastating effects across Minnesota. As Executive Director ofthe Association of Minnesota Counties, he is driven to bring this tale of woe to all who will listen. Lino Lakes and Centennial Lakes police have tales to tell, examples of this drug and user paraphernalia. Come and hear from the experts - Sgt. Patrick Aldrich, Officer Dale Hager, Sgt. Kelly McCarthy and Sgt. Russell Blanck. Following a question and answer period, stop at an exhibit table to learn more from local police, fire department representatives and others. Methamphetamine use is serious business across Minnesota, in Anoka County, and in its communities. The February 28 presentation is an important first step in enhancing awareness among community leaders and the general public, as well as among school district staff members, teachers, and students. For more information, please contact the office ofthe Superintendent of Schools (telephone: 763-792-6010; e-mail: dhovhtva@isd12.com; or visit the Centennial web site at www.isd12.org). This presentation is the first in a series of joint initiatives by the cities and school district working together to serve apd improve its communities. METH brief Meth - Be Concerned A free public presentation will alert attendees to the real and present danger of Methamphetamines in Anoka County, Centennial School District, and its five cities at 7 p.m., Tuesday, Feb. 28, in the Centennial Middle School Auditorium, 399 Elm Street, Lino Lakes. View a slide show on meth's impact on the user, family and community; learn about the drug's presence in our community and local law enforcement's experience and response; find out what to do next; and stop at exhibit tables to learn more. This presentation is the first in a series of joint initiatives by the cities and school district working together to serve and improve its communities. It is sponsored by the cities of Blaine, Centerville, Circle Pines, Lexington, and Lino Lakes; Police Departments of Lino Lakes, Centennial Lakes and Blaine, and the Centennial School District. Mel11o. .' TO: Honorable Mayor, Council Members & Mr. Larson ,{~. Teresa Bender, City Clerk' \ . FROM: SUBJECT: Business Cards & Lapel Name Badges DATE: February 22, 2006 Per the Mayor's request, please find the attached proposal for business cards from Image Printing & Graphics for business cards. Quantities under 250 would be more costly and they are not equipped to run such a small batch. An option would be to purchase business card stock from Office Max (200 for under $20) and internally print them with a color printer. Previously, a Council Member purchased their own cards and printed them, please see the attached sample. I contacted ABBA Trophy for a lapel name badge quote. They stated that recently the Forest Lake Chamber of Commerce purchased something similar to the Mayors request. They are 1 1f4" x 3" with rounded corners, brass, have a logo, name and position on them. They are $6.00 for a pinned back or $8.50 for a magnetic back and small quantities are fine. 02/20/2005 17:33 7537840833 IMAGE PRINTING PAGE 01 ~ 2 So. Pine Dr., Suite K · Circle Pines, MN 55014 (763) 784-6199 · FAX (763) 784-0893 To: '-ere SQ. From: M:clAJLe Company: c..\.~D-P ~e.v\-\e4'LJ~Ue fJ ~ 0" Date: Fax #: (b S-\) Ll d-.CJ '-~(;;~q Number of Pages 3 (includes cover sheet) Phone: (G:> S-\) 4 ~Ct - 3 d.3~ Message: BlA.~v\e5.5 C.lA"d el lAofe.s ~ ~e rC\\~d \~~ Ct LLck \5. ~(N+ \ '10lA Q\1-e c10 \ ~cu If\ 0 LU ~ ~ V\ot-e - ~\S ~i-lC\.V\.n l.uOlA,~J loe. i' l.Lv~ e-tv\ ty ~ pe ~V\~e5> II\eeJeJ ~ :)hel\s LOO1Alc! \l\o-\- \De.. Co\.. ~VI~ uV\'esS yLM. al\'d ooer to/OOD S~e.tls 2 So. Pine Dr., Suite K. Circle Pines, MN 55014 (763) 784-6199 · FAX (763) 784-0893 02/20/2005 17:33 7537840893 IMAGE PRINTING PAGE 02 IMAnE pRINTINq 1J;'Aph,CS 2 So. Pine Dr., Suite K. Circle Pines, MN 55014 (763) 784-6199. FAX (763) 784-0893 Client: (\~ of' ~-ter\J\" I~ T e.(' e s t:'\ bs 1- '-1;l..G - .3 ",).3t3 ext. G,S' I - 4 d-'1 - <6"b ~ QUOTE r/J ESTIMATE 0 Date: 2.120 lOb Contact Name: Fax: Price quoted is based on specifications listed below. Any variation in specifications will require an adjustment of prices. Quotations 60 days or older are subject to adjustment due to changes in the cost of materials and/or labor. Telephone: Thank You for allowing us to quote this job. Our specifications and prices are as, follows: . . . Description: ~U.Slv1esS &i'cl ~ - R Cll~ecD I~ k Quantity: J.SO 0:- SOO Paper Stock: c." ea W'\ ~/\ ~ ~ l Ink: PtMS 300 <i'" b<e.ev'\ I +l~~1- r-t'5(S+r-4+"Ov'\ Bindery: W 10 g\.I2...l< d. Art/type: Proof: Notes: Quoted Price: 0150 - tb \\3.00 500 - it Hlo. 00 Customer Service Representative: J1A ,deA 02/20/2006 17:33 7637840893 IMAGE PRINTING PAGE 03 ~MlJfi!:;hIC5 2 So. Pine Dr., Suite K. Circle Pines, MN 55014 (763) 784-6199. FAX (763) 784-0893 Client: C~~ e+' e'€M.b~ \ Ie:. Contact Name: l' e.re sq Telephone: G:,S-l- ,-\()...q - ~;;)3 ~ ext. Fax: Co:>--' - "-\i).!1 - % lo d-l1 QUOTEW ESTIMATE 0 Date: ~ a..O /0(0 Price quoled ;s based on specifications/islOO below. Any variation in specifications will require an adjustment of prices. Quotations 60 days or older are subject to adjustment due to changes in the cost of materials and/or labor. Thank You for allowing us to quote this job. Our specifications and pric:es are as follows: Description: ~<"lS(~\(:.".ss Co.d.a.. - p L~~+ \p.j<~ecP Quantity: a-SO 0 r- SO 0 Paper Stock: ~ 1j..)u.k",eJ.. ~Je.- C.\4.SSlC- c.\f~S+ Ink: ~b\l'C:lC\.rc1 Gcc:e.V\ t- \:Jlu..L L~4~e. ~S oV'\ L-e..--t\eA~ec-.d.J Bindery: c..u::*- -b :,\l2-1< ~ Art/type: Proof: Notes: Quoted Price: as-o - ~~ 3."6'q Sbb .- :1\> 02>.\5 Customer Service Representative: ~ VV\ l~ ~ \ ; -- ,: - '- " '- - - -'/<-::--:-;' ',,', ',- ~ -" -', - - -'-: :_:-:~' - Fax-651407:Q523Cell-612701-~085 6S14.W'T~~\; .........\' . .:/;5.3J)/,6oP),..... RESID~NCE ' ...... CITY HALV<i' I 18~O Nlain Str~et.{ Centerville, MN 55038, ....651429:~232'F'/1 sbi@mniriter.net .www.,centervillernn.coTll...................1 . - ----. .. -.......------. --__~_..~....__..,__.:_.__._-c..._.__.__.._..~__J 'MdriNefson: Centen!iCfe. Cotlfici[Mehtb& I~.,. .. ~).../ ,,-~y/ rQ\Pt' ;\PVV \. b" t v~.6D ~. ' '. I> ,- ,. .~ ~Ullfr. Teresa Bender From: Sent: To: Subject: Dallas Larson [dlarson@centervillemn.com] Friday, February 17, 2006 12:26 PM Teresa Bender FW: Request Will you compile the information that we need by next Wednesday. Thanks. Dallas Larson, Administrator City of Centerville 651-429-3232 -----Original Message----- From: Dan & Mary Capra [mailto:netfalcon@comcast.net] Sent: Friday, February 17, 2006 12:22 PM To: Larson, Dallas Subject: Request Hi Dallas, Rick had asked me about council member businesses cards and I told him we could discuss it at our next meeting. This issue has come up in the past and we said if the council members wanted them, they could have the city order them and it was suggested the council members pay for them themselves. I don't think it needs to be added to the agenda if you would just bring some information on this in your administrators update. If we are going to order businesses cards I would also like a price on name tags with the city logo and our name and title on them. Thanks, Mary 1 ~' rt!....... tervi{{e " """fie <Ii" '" CITY COUNCIL MEETING Wednesday, February 22, 2006 6:30 P.M. COUNCIL MEETING L CALL TO ORDER 1. Roll Can n. APPROVAL OF AGENDA m. APPROVAL OF COUNCn. MINUTES 1. February 8, 2006 City Council Meeting Minutes (page 1-11) IV. CONSENT AGENDA 1. City of Centerville February 9, 2006 through February 22, 2006 Oaims (Page 12) 2. Centennial Police Department Oaims through February 10, 2006 (page 13- 14) 3. Northdale Construction Company, Inc., Pay Estimate #8 - $11,902.61 with Change Order #1 (page 15-21) 4. Lynn & Associates, Strategic Planning with Council- $4,210 (page 22) 5. Res. ~015 - Comprehensive Plan Amendment & Rezoning Properties Along A Portion of 20th Avenue As Attached Exhibit A (page 23-24) (Housekeeping) V. A W ARDSIPRESENTA TIONS/APPEARANCES VI. PUBLIC HEARINGS 1. Outdoor Recreation Grant Application (em ail to Council by Monday or Tuesday) VIL NEW BUSINESS 1. Ground Development, Inc. Request for Escrow Return - Pheasant Marsh 2nd Addition - $12,500 (page 25) 2. Res. #06-0XX - Approval of the Outdoor Recreation Grant Application (page 26) 3. License Agreement with Anoka County - Use of Color Digital Ortbophotos (page 27-29) 4. Proposed Emergency Interim Ordinance #90 - Temporarily Prohibiting Certain Development in Downtown Centerville - Downtown Redevelopment (Page 30-33) 5. Res. #06-0XX - State Capibl Bonding Bill for Funding Associated with the Reconstruction of a Portion of CSAH14 from Interstate 35E to Interstate 35W Along with the Reconstruction of the Interchange at Interstate 35E (page 34-41) VIII. OLD BUSINESS 1. Res. #06-0XX - Ice Rink Expansion - Centennial Hockey Association (page 42-44) 2. Pheasant Marsh 3n1 Addition - Developers Agreement (Update) (Page 45- 73) 3. Res. #06-0XX - Calling for Public Hearing, Plans & Spec. - 21st AvenuelBackage Road (Page 74) 4. Consider Execution of Option to Purchase Land Associated with Backage Road Project (Page 75-85) 5. St. Paul Regional Water Services - Purchase Agreement/Option Agreement (Page 86-125) 6. LegallProsecution Services (Update) IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator, Mr. Dallas Larson 2. CSAH 14 Improvement x. ADJOURNMENT * * REMINDERS * * Monday, February 20, 2006 - President's Day (City Hall Closed) Wednesday, February 22,2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.) Wednesday, March 1, 2006 - P & R - City Hall Council Chambers (6:30 p.m.) Tuesday, March 7,2006 - P & Z - City Hall Council Chambers (6:30 p.m.) Wednesday, March 15, 2006 - Cable Commission - Spring Lake Park City Hall Council Chambers (7:00 p.rn.) Wednesday, March 22,2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.) CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 8, 2006 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 8, 2006, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra .c. Council Member Lee' ABSENT: one. ....;... H....... ... c.. STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson L CALL TO ORDER Mayor Capra called the February 8,2006, City Council meeting to order at 6:35 p.m. n. SET AGENDA Council added the following items to the Agenda: Resolution #06-012 Acknowledging donation from Paul H. Steffel Insurance Agency; Resolution #06-013 Acknowledging Donation from Gina Paar, Paar Design; Rezone of 6805 and 6845 - 20th Avenue; Parade Funds. Motion bv Council Member Terwav. seconded bv Council Member Lakso to aoorove the A2enda as amended. All in favor. Motion carried unanimouslv. ffi. APPROVAL OF COUNCn. MINUTES 1. January 25.2006 City Council Meeting Minutes Motion bv Council Member Lakso. seconded bv Council Member Lee to aoorove the January 25. 2006 City Council Meetio2 Minutes as oresented. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. City ofCenterville January 29,2006 through February 8,2006 Claims I city ofCenterville Council Meeting Minutes February 8, 2006 2. Centennial Fire District Claims through February 2, 2006 Motion by Council Member Le~ seconded by Council Member Terway. to aoorove the Consent A2enda as oresented. AU in favor. Motion carried unanimously. v. A WARDSIPRESENTATIONS/APPEARANCES 1. Centennial Youth Hockey Association - Request for Funding for Schwan's Super Rink Expansion - $16.000 Council Member Paar arrived at 6:37 p.m. Ms. Lisa Hockert and Mr. Paul Erickson appeared before Council to provide information on the Schwan's Super Rink Expansion and their request for funds. Council Member Paar indicated that Park & Recreation met and they would like to do this but the funds are not in their budget to do so. He then said that the Resolution indicated that they are in favor of it coming out of the City's funds. He further said that he is in favor of this and his son does skate. Council Member Paar asked whether this would restrict other communities from building an ice arena. Mr. Erickson indicated that this obligation would need to be fulfilled for the 20 years but that does not preclude them from constructing another one if they wished to do so. Council Member Lee asked for clarification as to whether the ice would be available for public skating. Mr. Erickson indicated there are three sessions and one or two more would be added with the expansion. Council Member Lee indicated that there seem to be about 60 skaters from Centerville and that is only about 2% of the population but, if the ice is open to the rest of the public, that would make this more appropriate for use of City funds. Council Member Terway asked whether there would be a resident fee and non-resident fee and asked whether the City's contribution would mean that would be done. Mr. Erickson indicated he would be willing to go to all members of the consortium to discuss the matter and be open to considering a discount for public skating for members of the consortium. Mr. Erickson clarified that the initial payment of $16,000 is a one time payment and the potential risk comes if the hours guaranteed are not met. Council Member Terway indicated that he is in support of this and asked whether the funds are available to support this. Page 2 of 11 ~ City of Centerville Council Meeting Minutes February 8, 2006 City Administrator Larson indicated that the funds should be available and Staff will review the budget. Council Member Lakso asked whether the other two cities are not in agreement what happens. Mr. Erickson indicated that they met a pledge to the County that they felt that they could get at least two cities to back this and he would have the obligation to find another City to contribute but he hopes that is not going to be the case. Council Member Lakso indicated that she would be interested 10 looking into participation. Mayor Capra indicated that the City provides services to residents in other parks and recreation areas and this would be another way to provide services to the residents. Mayor Capra asked the value of the City's 16%. Mr. Erickson indicated that there would be a master agreement and the City can add clauses about a price break for consortium members and if the City would like windows of ice time for park and recreation activities for the City. Mayor Capra indicated she was most concerned with the 20 year commitment but she has no issue with the up front fees. Mayor Capra indicated that she feels she needs more information and some time to discuss this with the Finance Director before making her final decision on this. Council Member Lakso indicated that as with any other amenity she needs to think about this and the funds should come out of park and recreation funds but there are no funds available. She then said she questions whether this accessory should be paid for by general funds so she would like more time to think about this. Council Member Teeway indicated that he feels there is an ever increasing need for indoor ice and he feels the risk to the City on this is minimal. Council Member Lakso indicated that she is concerned with taking this $16,000 out of general funds when the City agreed not to use general funds for the play structure at LaMotte Park. She then said that the ice sheets would be a nice amenity but she is not sure it is equitable for all residents and she is concerned about using funds for this when there are park needs in this City. Mayor Capra indicated that this is an amenity no different than building a tot park or skate park. Page 3 of 11 city of Centerville Council Meeting Minutes February 8, 2006 Council Member Lee indicated that there are financial issues with the park and recreation funds due to the purchase of the lake property and the City is working on a fund drive to fund the play structure at LaMotte Park and the City was not willing to take general funds for the play structure but this ice would have to be funded from the general fund. Mayor Capra had Staff note the amount of park dedication fees available and noted that with incoming park dedication fees the fund will continue to grow. Mayor Capra asked the time line for this. Mr. Erickson indicated that the commitment is needed in February because the County has said that financial guarantees must be obtained or the County will withhold disbursement on the bonds issued. Mr. Erickson asked the City to pass a Resolution in support of the project contingent upon further review and final approval of the master agreement. He then said that the City could split the $16,000 into two $8,000 payments. Mayor Capra indicated that she needs information on the 16% of the 500 hours that the City would be liable for and would like the Finance Director to provide some projections and a breakdown of potential long term dollars that would be committed by this agreement. Motion by Council Member Terway. seconded by Council Member Paar. to aoorove suooort contin2ent uoon investi2atin2 the Davment structure and dividin2 Dayment into two fiscal years. further review of overall ooerationa! olan. and reachin2 a satisfactory master a2reement. All in favor. Motion carried unanimously. Council Member Paar indicated there is support from Park and Recreation and the ice time would benefit young and old alike, those that play hockey and those that want to open skate. Council Member Paar indicated that this could be a total cost of maybe $260,000 if the City has to pay for ice over 20 years rather than $5,000,000 to build an ice arena. Council Member Terway indicated that he agrees with the concern that this is not here but this is a unique opportunity to provide ice for hockey and open skating for a very reduced fee for the City as compared to if the City would be asked to construct an ice arena. VI. PUBLIC BEARINGS None. Page 4 of 11 "I city ofCenterville Council Meeting Minutes February 8, 2006 vn. NEW BUSINESS 1. Resolution #06-009 - Acknowledging Donation from Dead Broke Saddle Club $9.500 City Attorney Hoeft indicated that the Statute addresses that if the Council wants to receive that gift subject to the donor's wishes it must be received by Resolution and the terms must be identified and it has to be approved by 2/3 of the Council. If the gift does not have a specific designation then the Resolution is not required by State Statute. Motion bv Councll Member Lee- seconded bv Councll Member Terwav. to approve Resolution #06-009 as presented. AU in favor. Motion carried unanimouslv. 2. Resolution #06-010 - Acknowledging Donation from Center Frame & Wheel Alignment. Inc. $50 Motion bv Councll Member Terwav. seconded bv Councll Member Lakso. to approve Resolution #06-010 - Aclmowledl!ine: Donation from Center Frame & Wheel Alismment. Inc. All in favor. Motion carried unanimous Iv. 3. Resolution #06-013 - Acknowledging Donation from Paul H. Steffel Insurance Agency. Inc. - $50 Motion bv Councll Member Lee- seconded bv Councll Member Lakso. to approve Resolution #06-013 - Aclmowlede:ine: Donation from Paul H. Steffel Insurance Ae:encv. Inc. 4. Resolution #06-014 - Acknowledging Donation from Gina Paar, Paar Design - ~ Motion bv Councll Member Terwav. seconded bv Councll Member Paar. to approve Resolution #06-013 - Aclmowlede:ine: Donation from Gina Paar. Paar Desie:n. All in favor. Motion carried unanimouslv. 5. Resolution #06-011 - Transfer Funds from Parks & Recreation to the General Fund for 2004/2005 Improvements City Administrator Larson indicated that this is needed to balance the expenses and allocate them appropriately. Mayor Capra read Resolution #06-011. Motion bv Councll Member Paar. seconded bv Councll Member Lakso. to approve Resolution #06-011 - Transfer Funds from Parks & Recreation to the General Fund for 2004/2005 Improvements. All in favor. Motion carried unanimouslv. Page 5 of 11 .5 city ofCen1erville Council Meeting Minutes February 8, 2006 6. Pheasant Marsh 3rd Addition - Developers Agreement City Administrator Larson indicated this matter needs to be tabled as developer approval has not been received. Motion bv Council Member Lee. seconded bv Council Member Terwav. to table. All in favor. Motion carried unanimouslv. 7. Purchase of (2) Automated External Defibrillator (AED's) from Centennial Fire District (Administrative Offices & Public Works) Not to Exceed $3.500 City Administrator Larson indicated that public buildings typically have these AED's and most of the Staff has been trained to use them and charitable gambling funds could be used to purchase them. Motion bv Council Member Lakso. seconded bv Council Member Terwav. to aoorove the ourchase of two AED's from Centennial Fire District for the Administrative Offices & Public Works not to exceed $3.500 from the charitable 2ambliDl~ funds. Aves - 4. Navs -llLee) Motion carried unanimouslv. Council Member Lee indicated that there is rarely anyone at public works. City Administrator Larson agreed but said Staff feels it would be appropriate to have them located at both buildings. Council Member Lee indicated that the response time of officers is less than three (3) minutes and all squads have AED's. Mayor Capra indicated that she would be fine with the purchasing of two but perhaps it should be located at the hockey rink or the ball fields. Council Member Lee indicated that he does not feel one is necessary at public works. 8. Designate Agent of Record - City Insurance Resolution #06-012 City Administrator Larson indicated that standard practice is to pay a commission through the agent but the League of Minnesota Cities gives another option and he has negotiated a flat rate and this proposal is the least costly and this provider would be paid a flat rate per year for the services requested. City Administrator Larson indicated that this is $700 per year and the City has normally paid about $3,000. Motion bv Council Member Lakso. seconded bv Council Member Lee. to aoorove Resolution #06-012. All in favor. Motion carried unanimouslv. Page 6 of 11 h City of Centerville Council Meeting Minutes February 8, 2006 9. Successful Performance Review - Building Inspector Joel McPherson Motion bv Council Member Terwav~ seconded bv Council Member Paar to approve advancement to Grade 5~ Step 10. All in favor. Motion carried unanimouslv. 10. Planning and Zoning Recommendation for Rezone and Comprehensive Plan Amendment for 6805 and 6845 201h Avenue South from B-1 to 1-1. Resolution #06-015 ' City Administrator Larson reviewed the proposal with the Council. Mayor Capra indicated that the zoning might not be right and she would like Staff to check the zoning as she thought there was a compromise to leave a portion of it residential. City Administrator Larson indicated that Staff would look into the matter to clear up any confusion. Motion bv Council Member Terwav. seconded bv Council Member Paar. to approve Resolution #06-015. approvin!! the Comprehensive Plan Amendment of 6805 and 6845 20th Avenue South to 1-1. AU in favor. Motion carried unanimouslv. Motion bv Council Member Terwav. seconded bv Council Member Paar. to approve Ordinance #88. an Ordinance Rezonin!! Certain Property to Industrial. All in favor. Motion carried unanimouslv. 11. Parade Funds Council Member Lee asked the Council to consider setting up the funding for the parade and asked the City to handle the expenditures to prevent any illusion of inappropriate handling of funds since he is an elected official. Motion bv Council Member Terwav. seconded bv Council Member Lakso. to authorize the City to handle the fundin!! of the parade throu!!h normal channels for Council Member Lee as desi!!nated Parade Chair. Aves - 4. Navs - O. Motion carried. Council Member Lee abstained from voting. vm. OLD BUSINESS 1. Feasibility Study 21st Avenue Backage Road City Engineer Peterson provided an overview of the feasibility study and outlined where the sanitary sewer would be installed. Page 7 of 11 1 city of Centerville Council Meeting Minutes February 8, 2006 Staff suggested a work session to further discuss this matter before the next regular meeting. Council set a work session for February 15,2006 at 6:00 p.m. 2. Legal Prosecution Services Mayor Capra indicated that there was a recommendation to the Police Commission to ask whether the cities would consider one prosecuting attorney for the Police Department to streamline costs. She then said that all cities agreed it was a good idea but there was a lot of discussion on which ftrm to utilize and the Police Commission has recommended utilizing the new firm. Mayor Capra asked for approval from the City to solicit Requests for Proposal from the merged firm of Glacier and Bernstein for prosecution services. Mayor Capra indicated that this affects Barna Guzy and the amounts charged for services and she would like a proposal from them for just this portion. City Attorney Hoeft indicated that he has no intention of raising his hourly rate if the prosecution is removed. He then said that he started with Centerville eight years ago and they were taken off of Circle Pines Lexington so that he did not have to make appearances on their calendar to save money on appearances since the Centerville portion was smaller. City Attorney Hoeft indicated that it made it easier to have the police department have certain dates for police department rather than by City. He then said that he knew he could not compete with those firms for those cities so now he is going to court more often for Centerville and that is probably going to cost the City more than the way it was being done. City Attorney Hoeft explained that he had asked the court staff to consolidate Centerville cases and that has resulted in 3.5 days that he did not have to go because of lumping the cases together. He then said that he reviewed it and in 2005 he averaged 24 hours per month of court time for Centerville and for the ftrst two months of 2006 he has only averaged 16. Mayor Capra thanked the City Attorney for the efforts to streamline cases for cost savings for the City. City Attorney Hoeft indicated that their office is extremely efficient doing its prosecution due to the software that they have and the volume of cases they handle. Page 8 of 11 i City of Centerville Council Meeting Minutes February 8, 2006 Motion by Council Member Lee. seconded by Council Member Lakso to request orooosals for orosecution and City services from the combined firm of Glacier and Bernstein. All in favor. Motion carried unanimously. City Attorney Hoeft indicated that there is not an efficiency issue with the City services side of it. Mayor Capra indicated she would like to leave Barna Guzy in consideration. 3. S1. Paul Regional Water Purchase City Administrator Larson indicated that Staff discussed making this purchase a two part option to allow for the grant application and St. Paul Water Works was comfortable with it but has asked that Staff come to the board meeting where it would be approved. Staff will be attending. Mayor Capra indicated that she had someone whose great grandfather was caretaker of the home and they have paintings and photographs. IX. ANNOUNCEMENTSIUPDA TES 1. City Administrator. Mr. Dallas Larson City Administrator Larson reported that there will be a Staff meeting next week to review Council goals. City Administrator Larson provided an updated draft of the Ordinance Codification for Council and noted that Planning and Zoning Commission noticed some difficulties with organization and Staff will review it to move things around. He then asked Council to consider setting a public hearing to discuss this. Council agreed to have the public hearing at the first meeting in March. City Administrator Larson reiterated the Planning Commission's concern about controlling redevelopment by placing a moratorium in the redevelopment area to allow the City to prevent development while the City works on establishing the redevelopment guidelines. Mayor Capra indicated that she does not want to discourage redevelopment. Council Member Terway indicated that this would allow time to make sure that the guidelines are in place so that all the developers know how this will develop. Council asked to place the moratorium on the next meeting Agenda. Council Member Paar asked for an update on Mr. Steffel's property. Page 9 of 11 9 City of Centerville Council Meeting Minutes February 8, 2006 City Administrator Larson indicated that he is interested in doing something that would match the City's plan but he is waiting for response from the County on the price to be paid for the property they are taking. 2. CSAH141mprovemem Council briefly discussed the CSAH 14 improvements. 3. Eagle Brook Church Traffic Mayor Capra updated Council indicating that there was a meeting in the City of Uno Lakes and she spoke to the Chief and conveyed onto them the concerns of Centerville with the traffic. She then said that the City of Lino Lakes was required by Resolution to review traffic after 60 days and they have no intention of removing the traffic control officer at this time and will look at it from time to time. Mayor Capra indicated the Centennial officer is being paid overtime by Eagle Brook Church for traffic control. She then recommended that any residents with an emergency that cannot get out to call 911 to receive assistance getting out. Mayor Capra noted that the City sent a letter to Lino Lakes on the AUAR asking that the roads be improved before or along with further development in the area. Council Member Terway updated the Council on the discussions of the Planning Commission. Council Member Paar indicated that someone in his neighborhood asked him about the home lifted and put a basement under and it is not done and there have been extensions. City Attorney Hoeft indicated that other cities have enacted Ordinances that the Building Official makes an independent determination whether substantial progress has been made on an open building permit and if there has not, they can take action to try to get the property into compliance or moved through the building permit process. Council Member Paar noted that one sheet of ice is going to be a Herb Brooks Institute for weight training and hockey and there will be dry land training to be used by anyone and there will be lots of memorabilia as well. Council Member Paar indicated that Parks and Recreation discussed SCORE funds and the information received states that they cannot use the funds for park equipment as it needs to be for educational purposes. He then said that Parks and Recreation is looking to do some sort of letter to state that they want to use recycled covering for the ground and for the border to retain it and some equipment may be recycled and then use signs to educate the public as to how the material found its way to this use. Page 10 of 11 II) city ofCenterville Council Meeting Minutes February 8, 2006 Council Member Paar indicated that Earth Day will be April 22, 2006 and Wargo will have a cleanup with lunch served and Centerville will participate and there will be information on the website. Council Member Paar indicated that Parks and Recreation wants to make sure that the delay on the park purchase does not cost the City the property. He then said that they want to make sure that the easement for trail be included in the final plat for the St. Genevieve project. Council Member Paar indicated that Parks and Recreation is looking into the type of equipment for Laurie LaMotte Park and explained the types of equipment that they are considering for it. x. ADJOURNMENT Motion bv Council Member Paar. seconded bv Council Member Lakso to adiourn the February 8. 2006 City Council Meetinl! at 9:09 D.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11 I Jervi((e 'E.'tati/1slit"{ .185';' CITY OF CENTERVILLE 02/17/0612:51 PM Page 1 *Check Summary Register@ Name 10100 MAIN STREET BANK Paid Chk# 021049 ACCLAIM BENEFITS Paid Chk# 021050 AFLAC Paid Chk# 021051 ANOKA COUNTY Paid Chk# 021052 BARNA, GUZY & STEFFEN LTD Paid Chk# 021053 CENTENNIAL LAKES POLICE Paid Chk# 021054 CITIES DIGITAL Paid Chk# 021055 DAMON FARBER ASSOCIATES Paid Chk# 021056 DEPARTMENT OF LABOR & Paid Chk# 021057 EHLERS & ASSOCIATES INC Paid Chk# 021058 GOPHER STATE ONE CALL INC Paid Chk# 021 059 LYNN & ASSOCIATES Paid Chk# 021060 MENARDS - FOREST LAKE Paid Chk# 021061 MET. COUNCIL ENV. SERVo Paid Chk# 021062 MINNESOTA RURAL WATER Paid Chk# 021063 NORTH DALE CONSTRUCTION Paid Chk# 021064 OFFICE MAX Paid Chk# 021065 PRESS PUBLICATIONS Paid Chk# 021066 PUBLIC EMPLOYEES INS Paid Chk# 021067 QWEST Paid Chk# 021068 SAM'S CLUB Paid Chk# 021069 TIME SAVER Paid Chk# 021070 US BANK CORPORATE TRUST Paid Chk# 021071 US BANK' Check Date FEBRUARY 2006 Check Amt 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 2/22/2006 Total Checks $100.00 FLEXIBLE SPENDING FOR JAN 2006 $129.22 ACCIDENTAL INS. FOR FEB. 2006 $1,856.93 TRUTH IN TAXATION $4,413.50 PROSECUTION MATTERS - SERV THR $36,541.45 FEBRUARY 2006 POLICE SERVICES $2,724.00 CANNON 5010C SCANNER $8,154.32 DOWNTOWN CENTERVILLE $70.00 P. PAllER - 5-16-06 SEMINAR $195.00 J. MEYER - SEMINAR $136.25 SERV THRU JANUARY 2006 $4,210.00 STRATEGIC PLANNING W/COUNCIL $18.08 CLEANING SUPPLIES $12,011.46 FEBRUARY 2006 SERVICES $125.00 J. MCPHERSON - MANAGER/OPERATO $11,902.61 PAY REQUEST 8 - HUNTER'S CROSS $857.63 OFFICE SUPPLIES $114.40 ORD 87 $17,543.17 MARCH 2006 INS. $120.12 429-6579 SERV THRU 2-28-06 $284.70 SUPPLIES $459.00 2-8-06 COUNCIL MEETING $100.00 ADMIN FEE - 1649059 $1,556.74 T.BENDER -MCFOA $103.623.58 NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 2-22-06. IJ., CENTENNIAL LAl<ES FOUCE DEPT Check Register POLICE GL Page: 1 GL Posting Perlod(s): 02106 - 02106 Feb 09,2006 07:59am Check Issue Date(s): 0210112006.0211012006 Per Date Check No Vendor No Payee Invoice Description InvAmourt 02106 02I09r'06 5582 40345 VOID - OEPUlY REGISTRAR ftl50 TABS 99 CHRYSLER 103.50- M UNMARKED 02106 02101106 5607 40345 OEPUlY REGISTRAR #150 TABS 99 CHRYSLER 9.50 M UNMARKED 02106 02I09r'06 5608 10600 AMSAN BRISSMAN4<ENNEDY CLEANING 3,184.78 SUPPUESNACUUMlMISC 02106 02109106 5609 10750 ANOKA COUNTY 4TH QTR MDT ACCESS 540.00 INTERNET AO:ESS 4SO.4O SERVICE DEe Tolal5609 1,020.40 02106 02109I06 5610 10788 AtCt<A COUNTY CHIEF OF POLICE 2(D) MEETING CUES 113.50 02106 02109I06 5611 10793 ANOKA COUNTY 4TH QTR CENTRAL 106.79 RECOROS PROJ 02106 02109I06 5612 11651 AUTOMOTIVE DRIVE UNE SERVICE VEHICLE OIL CHANGE 53.14 02106 02109I06 5613 20110 BCA - BTS INTOX 5000 BASIC 350.00 KCIML 02106 02109I06 5614 30063 CPTELCOM .!AN PHONESILONG 635.07 DISTANCE 02106 02109106 5615 30480 CENTENNIAL UT1UTIES NOVIDEC UTIL 141.36 DEe UT1UTIES 6,894.07 T alai 5615 7,035.43 02106 02109106 5616 31137 CONNEXUS ENERGY DEe ELECTRC 863.40 02106 02109I06 5617 40200 DELL MARKETING LP. 2 LAPTOPS 3,650.60 02106 02109106 5618 40300 DELTA DENTAL MARCH DENTAL NEW 543.15 RATES 02106 02109I06 5619 40700 0ClN'S ORCLE SERVICE, INC VEH OIL CHGS, 216.85 BATTERY 02106 02109106 5620 60650 FRATTALLONES HARDWARE, INC. VEHICLE BULB 28.97 02106 02109I06 5621 90026 IMPGE PRINTING & GRAPHICS, INC TIME OFF REQUESTS 42.21 02106 02109I06 5622 90060 ISANTl COUNTY SHERIFFS OFFICE POST APPRC7IIED 50.00 TRAINING 02106 02109I06 5623 100150 J.N.JOHNSON SALES & SERVICES ARE EXTINGULSHERS & 231.31 MTC 02106 02109106 5624 120350 CINDY LEWS lABEL TAPE 21.29 02106 02109106 5625 130764 MN CHIEFS OF POUCE fiSS(X. MEMBERSHIP FEES 165.00 02106 02109I06 5626 130790 MN COUNTY ATTORNEYS ASSOC. CUI VEH FORFEITURE 26.63 FORM 02106 02109I06 5627 130875 MN LABOR LAW POSTER SERVICE LABOR LAW POSTERS 62.25 02106 02109106 5628 131080 MN OFFICE ENTERPRISE TECH DEC USAGE 37.00 02106 02109I06 5629 140330 RON NELSON NEW 8l.OO PARTS 90.60 02106 02109I06 5630 140370 NEXTEL COMMUNICATIONS .!AN CELL PHONE 296.83 SERVICE 02106 02109I06 5631 150100 OFFICE MAX CONTRACT, INC OUTDOOR 1,731.35 SMOKENVASTE CONTAINER LABEL TAPE,STAMP, 213.49 BINDERS MISC Tolal 5631 1,944.84 02106 02109I06 5632 170180 aNEST .!AN PHONE NEW BLOO 184.81 02106 02109106 5633 190375 SELECT ACX:OUNT ANNUAL FEE 500.00 JANUARY SELECT M = Manual Check, V = Void Check 13 CENTENNIAL lAI<ES POUCE CEPT Check Register POLICE GL GL Posting Period(s): 02J\J6 - 02106 Check Issue Date(s): 02I01J2006 - 0211012006 Page: 2 Feb~, 2006 07:59am Per Date Check No Vendor No Payee Invoice Description Inv Amount N;CTFEE 20.00 Total 5633 520.00 02106 02I09I06 5634 190390 SHRED RGHT IX:nJMENT 16.04 DESTRUCllON 02106 02I09I06 5635 190625 SPEE[)NAY SUPERAMERICA LLC JAN FUEL 3,105.21 02106 02I09I06 5636 200050 lVIIlN CITIES EMEOIA, INC c::a.1PUTER SUPPORT 971.26 02106 02I09I06 5637 210235 UNITEDWSCONSIN GRCX..IP MAR UFElDlSAB 150.00 02106 02109106 5638 230325 WEST nH STREET, INC SCREEN CLEAN 59.40 02106 02J1Q106 5639 150100 OFFICE MAXCONTRACT,INC CAlENDAR PADS 30.14 Totals: 25,712.90 M = Manual Check, V = Void Check If, JJJ Bonestroo II::. Rosene 1\1 Anderlik & .~. Associates Engineers & Architects CO~JTRACTOR'S COpy FOR YOUR FILE Owner: Ci of Centerville, 1880 Main St., Centerville, MN 55038 For Period: 9/13/2005 to 2/10/2006 Date: Februa 10,2006 Re uest No: 8 Contractor: Northdale Construction Com an Inc., 14450 Northdale Blvd., Ro ers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT HUNTERS CROSSING 2ND ADDITION PHASE 1 UTILITY AND STREET IMPROVEMENTS BRA FILE NO. 000616-03132-0 SUMMARY Original Contract Amount $ 598,749.66 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 598,749.66 5 Value Completed to Date $ 602,945.93 6 Material on Hand $ 0.00 7 Amount Earned $ 602,945.93 8 Less Retainage 8,000.00 $ 8,000.00 9 Subtotal $ 594,945.93 10 Less Amount Paid Previously $ 583,043.32 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 8 $ 11 ,902.61 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. .7~0 W1!JL ~ Appro.ve Contractor: NORiHDAL CONSTRUCTION COMPANY INC. (-~-- ~~~~ Approved by Owner: CITY OF CENTERVILLE Specified Contract Completion Date: August 20, 2001 Date: 61603132REQ8.xls 15 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - SANITARY SEWER: 1 CONNECT TO EXISTING MANHOLE EA 1 1000.00 1 $1,000.00 2 8" PVC SANITARY SEWER, SDR 35 LF 2120 16.99 2112 $35,882.88 3 4' DIAMETER SANITARY MH, 8' DEEP EA 11 1368.65 11 $15,055.15 4 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 48 103.53 49.15 $5,088.50 5 IMPROVED PIPE FOUNDATION LF 2120 3.20 537.5 1528.96 $4,892.67 6 CLOSED CIRCUIT TV INSPECTION LF 2120 0.64 2120 $1,356.80 TOTAL PART 1 - SANITARY SEWER: $63,276.00 PART 2 - WATER MAIN: 7 CONNECT TO EXISTING 12" WATER MAIN EA 1 1159.75 1 $1,159.75 8 CONNECT TO EXISTING 8" WATER MAIN EA 1 1159.75 1 $1,159.75 9 8" PVC WATER MAIN LF 2000 13.95 2031 $28,332.45 10 6" PVC WATER MAIN LF 375 12.09 374 $4,521.66 11 6" GATE VALVE AND BOX EA 1 626.11 1 $626.11 12 8" GATE VALVE AND BOX EA 6 810.36 5 $4,051.80 13 8" PVC WATER MAIN, JACKED W/STEEL CASING LF 55 157.07 55 $8,638.85 14 SALVAGE AND REINSTALL HYDRANTNALVE EA 1 909.75 1 $909.75 15 HYDRANT WITH VALVE EA 6 2206.80 6 $13,240.80 16 DUCTILE IRON FITTINGS LB 4600 0.92 4386 $4,035.12 17 6" PIPE RESTRAINT EA 24 41.95 24 $1,006.80 18 8" PIPE RESTRAINT EA 45 52.93 45 $2,381.85 19 IMPROVED PIPE FOUNDATION LF 500 3.20 $0.00 TOTAL PART 2 - WATER MAIN: $70,064.69 PART 3 - SERVICES: 20 1" CORPORATION STOP EA 35 70.01 35 $2,450.35 21 1" CURB STOP AND BOX EA 35 128.90 35 $4,511.50 22 1" TYPE "K" COPPER WATER SERVICE LF 1500 7.44 50 1485 $11,048.40 23 8" X 4" PVC WYE EA 35 104.82 35 $3,668.70 24 4" PVC, SCH. 40 SERVICE PIPE LF 1460 8.29 1525 $12,642.25 25 INSULATION, 2" THICK SF 640 1.85 272 $503.20 TOTAL PART 3 - SERVICES: $34,824.40 PART 4 - STORM SEWER: 26 12" RCP STORM SEWER, CLASS 5 LF 300 22.15 296 $6,556.40 27 15" RCP STORM SEWER, CLASS 5 LF 550 21.68 551 $11,945.68 28 18" RCP STORM SEWER, CLASS 5 LF 750 23.73 750 $17,797.50 29 21" RCP STORM SEWER, CLASS 4 LF 400 26.86 402 $10,797.72 - 30 21" PVC STORM SEWER, SDR 26 LF 71 41.97 71 $2,979.87 31 27" RCP STORM SEWER, CLASS 3 LF 169 35.51 169 $6,001.19 32 12" RCP FLARED END SECTION EA 1 353.98 1 $353.98 33 18" FLARED END SECTION EA 2 398.71 2 $797.42 34 2'1" FLARED END SECTION EA 2 448.20 2 $896.40 35 27" FLARED END SECTION EA 1 509.97 1 $509.97 36 CLASS III RANDOM RIPRAP CY 40 70.00 60 $4,200.00 37 2' X 3' CB EA 4 1078.97 4 $4,315.88 38 4' DIAMETER STORM CBMH EA 9 1397.40 9 $12,576.60 39 5' DIAMETER STORM SEWER MH EA 1 2247.27 1 $2,247.27 40 4' DIAMETER STORM SEWER MH EA 3 1427.22 3 $4,281.66 41 4' DIA. MH OVERDEPTH LF 6.5 103.53 6.41 $663.63 42 OUTLET CONTROL STRUCTURE (SS-15) EA 1 1719.43 1 $1,719.43 43 OUTLET CONTROL STRUCTURE (SS-18 AND 19) EA 2 1671.50 2 $3,343.00 44 SEEDING, INCL. SEED, FERTILIZER, MULCH, AND DISK ANCHOR AC 0.25 2729.50 $0.00 45 SILT FENCE, REGULAR LF 200 4.12 $0.00 TOTAL PART 4 - STORM SEWER: $91,983.60 PART 5 - STREETS: 46 MOBILIZATION LS 1 9106.00 1 $9,106.00 47 SUBGRADE PREPARATION - STREET SY 9500 0.50 9500 $4,750.00 48 SUBGRADE PREPARATION - TRAIL SY 1300 0.67 1124 $753.08 49 GEOTEXTILE FABRIC SY 9500 1.34 9500 $12,730.00 50 SELECT GRANULAR BORROW (CV) CY 5200 11.35 5200 $59,020.00 51 AGGREGATE BASE, CLASS 5 TN 3600 11.39 3891.2 $44,320.77 52 AGGREGATE BASE, CLASS 5 - SIDEWALK TN 160 11.39 227.03 302.03 $3'MO~ . 53 AGGREGATE BASE, CLASS 5 - TRAIL TN 500 11.39 567.07 $6,458.93 ~ 61603132REQ8.xls Contract Unit Current Quantity Amount No. [tern Unit Quantity Price Quantity to Date to Date 54 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 730 35.02 772.69 $27,059.60 55 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 730 36.31 760.93 $27,629.37 56 BITUMINOUS MATERIAL FOR TACK COAT GAL 400 1.39 350 500 $695.00 57 BITUMINOUS WEAR COURSE, TYPE 41A, TRAIL TN 140 48.93 261.56 $12,798.13 58 SURMOUNT ABLE CONCRETE CURB AND GUTTER LF 4300 7.36 12 4280 $31,500.80 59 4" CONCRETE SIDEWALK SF 4800 2.72 4923 $13,390.56 60 PEDESTRIAN CURB RAMP EA 2 154.50 2 $309.00 61 4" PERFORATED POLYETHYLENE PIPE LF 4300 3.09 4172 $12,891.48 62 SKIDSTER (BOBCAT WITH OPERATOR) HR 20 75.00 $0.00 63 STREET SWEEPER (PICKUP BROOM W/OPERATOR) HR 20 150.00 3.5 3.5 $525.00 64 WATER FOR DUST CONTROL 1000 GAL 50 20.00 $0.00 65 DOUBLE WOOD BARRICADES (2 PER EA), INCL SIGN PANELS EA 2 386.25 2 $772.50 66 REMOVE AND REPLACE CONCRETE CURB - HUNTERS 1ST LF 3D 21.63 20 $432.60 67 REPAIR GATE VALVE - HUNTERS 1ST EA 1 509.82 1 $509.82 68 TEMP. ROCK CONSTRUCTION ENTRANCE TN 100 18.00 50 $900.00 69 PROTECTION OF CB IN STREET EA 13 50.00 $0.00 TOTAL PART 5. STREETS: $269,992.76 PART 6 - SANITARY SEWER - CENTERVILLE ROAD: 70 8" PVC SANITARY SEWER, SDR 35,10'.12' DEEP LF 650 21.24 653 $13,869.72 71 CONNECT TO EXISTING MANHOLE EA 1 1409.75 1 $1,409.75 72 4' DIAMETER SANITARY MANHOLE EA 2 1368.65 2 $2,737.30 73 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 6 103.53 3.19 $330.26 74 8" OUTSIDE DROP LF 3.4 203.25 3.4 $691.05 75 IMPROVED PIPE FOUNDATION LF 650 3.20 653 1306 $4,179.20 76 CLOSED CIRCUIT TV INSPECTION LF 650 0.64 650 $416.00 77 CLEAR AND GRUB LS 1 5000.00 1 $5,000.00 78 LANDSCAPING LS 1 6489.00 1 $6,489.00 79 REMOVE AND REPLACE 6882 DRIVEWAY LS 1 1875.00 1 $1,875.00 80 REMOVE AND REPLACE 6892 DRIVEWAY LS 1 1875.00 1 $1,875.00 81 REMOVE AND REPLACE BITUMINOUS TRAIL SY 45 12.88 21 $270.48 82 TRAFFIC CONTROL LS 1 1545.00 1 $1,545.00 83 SEEDING, INCL SEED, FERTILIZER, MULCH, AND DISK ANCHOR AC 0.5 2729.50 0.5 $1,364.75 84 EROSION CONTROL BLANKET SY 1000 1.80 1525 $2,745.00 TOTAL PART 6 - SANITARY SEWER - CENTERVILLE ROAD: $44,797.51 PART 7 - WATER MAIN. CENTERVILLE ROAD: 85 6" PVC WATER MAIN LF 500 16.81 521 $8,758.01 86 6" GATE VALVE AND BOX EA 1 651.11 1 $651.11 87 HYDRANT WITH VALVE EA 1 2281.98 1 $2,281.98 88 IMPROVED PIPE FOUNDATION LF 300 3.20 $0.00 89 DUCTILE IRON FITTINGS LB 200 0.92 253 $232.76 90 6" PIPE RESTRAINT EA 6 41.95 6 $251.70 91 SODDING, LAWN TYPE SY 500 4.67 400 $1,868.00 92 SEEDING, INCL SEED, FERTILIZER, MULCH, AND DISK ANCHOR AC 0.25 2729.50 0.05 0.25 $682.38 93 REMOVE AND REPLACE CULVERT AND DRIVEWAY LS 1 1875.00 1 $1,875.00 TOTAL PART 7 - WATER MAIN - CENTERVILLE ROAD: $16,600.94 PART 8 - SERVICES. CENTERVILLE ROAD: 94 8" X 4" PVC WYE EA 5 179.82 5 $899.10 95 4" PVC, SCH. 40 SERVICE PIPE LF 50 14.30 51 $729.30 96 4" SANITARY SEWER SERVICE DIRECTIONAL DRILLED LF 300 19.80 288 $5,702.40 97 1" TYPE"K" COPPER WATER SERVICE LF 80 13.44 91 $1,223.04 98 1" TYPE "K" COPPER WATER SERVICE DRILLED LF 100 17.36 96 $1,666.56 99 1" CORPORATION STOP EA 4 82.51 4 $330.04 100 1" CURB STOP AND BOX EA 4 213.90 4 $855.60 TOTAL PART 8 - SERVICES - CENTERVILLE ROAD: $11,406.04 61603132REQ8.xls /1 No. Item TOTAL PART 1 - SANITARY SEWER: TOTAL PART 2 - WATER MAIN: TOTAL PART 3 - SERVICES: TOTAL PART 4 - STORM SEWER: TOTAL PART 5 - STREETS: TOTAL PART 6 - SANITARY SEWER - CENTERVllLE ROAD: TOTAL PART 7 - WATER MAIN - CENTERVILLE ROAD: TOTAL PART 8 - SERVICES - CENTERVILLE ROAD: TOTAL WORK COMPLETED TO DATE 61603132REQ8.xls Unit Contract Quantity Unit Current Quantity Amount Price Quantity to Date to Date $63,276.00 $70,064.69 $34,824.40 $91,983.60 $269,992.76 $44,797.51 $16,600.94 $11,406.04 $602,945.93 /1 PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 000616-03132-0 CONTRACTOR NORTHDALE CONSTRUCTION COMPANY INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 03/01/2004 05/07/04 113,493.46 . 5,973.34 119,466.80 2 05/08/2004 06/09/04 149,634.55 13,848.84 276,976.85 3 06/10/2004 07/02/04 109,111.84 19,591.57 391,831.42 4 07/03/2004 07/26/04 112,494.07 25,512.31 510,246.23 5 07/27/2004 12/23/04 54,528.08 11,005.35 550,267.35 6 12/24/2004 07/20/05 14,967.20 11,310.80 565,540.00 7 07/21/2005 09/12/05 28,814.12 11,898.84 594,942.16 8 09/13/2005 02/10/06 11,902.61 8,000.00 602,945.93 Material on Hand Total Payment to Date $594,945.93 Original Contract $598,749.66 Retainage Pay No. 8 8,000.00 ChanQe Orders Total Amount Earned $602,945.93 Revised Contract $598,749.66 61603132REQ8.xls If ~ Bonestroo -=- Rosene 't\lI Anderlik & 1 \J 1 AssoCiates Engineers & Architects Owner: Ci ofCenterville,1880 Main St., Centerville, MN 55038 Bond No: Bond Com an : Travelers Casual & Sure Co. of America, One Tower S uare, Hartford, CT 06183 37SB104262510 CHANGE ORDER NO. 1 HUNTERS CROSSING 2ND ADDITION PHASE 1 UTILITY AND STREET IMPROVEMENTS BRA FILE NO. 000616-03132-0 Descrintion of Work This Change Order provides for adjustment of [mal quantities. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.1 ADJUSTMENT FOR FINAL QUANTITIES LS $4,196.27 $4,196.27 TOTAL CHANGE ORDER NO. 1: $4,196.27 61603132CHO Lxls \C o Oio ~ ~/ \j ., _\ U ~/) Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready forfmal Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended.for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. f~W!Jwf~ Date: I /~o ;; h ! ( . Approved by Contractor: NORTHDALE CONSTRUCTION COMPANY INC. O~6~ / ~ j-~-O 0 Approved by Owner: CITY OF CENTERVILLE $598,749.66 $0.00 $4,196.27 $602,945.93 Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 61603132CHOl.xls .1J RECEIVED FEB 0 2 2006 Lynn & Associates January 31, 2006 Dallas Larson, City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Mr. Larson: INVOICE: Invoice For Consulting January 14 Preparation and facilitation of Strategic Planning Session with Council. Provide Workbooks, Develop Session Summary. TOTAL AMOUNT DUE & PAYABLE: $ 4,210.00 Invoice is due and payable upon receipt. Thank you. Invoice Number: C: 1 :06 5435 Wedgewood Drive, Shorewood, MN 55331 phone: 952.474.2193 fax: 952.474.3738 e-mail: Iisa@lynn-and-associates.com P- tervi{{e T-sta6(isliea 1857 1880 :JvlainStreet . Centerviffe,:Jvl:N 55038 (651)429-3232 . P~(651)429-8629 STATE OF MINNESOTA - -'-----------_..----------~-----,------- ------------- --------- '-,----- COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #06-015 A RESOLUTION AUTHORIZING A COMPREHENSIVE PLAN AMENDMENT AS OUTLINED IN THE ATTACHED EXHIBIT "A", FOR PROPERTY AT "6805-20th AVENUE SOUTH AND 6845 - 20th AVENUE SOUTH" THIS PROPERTY WILL BE PLACED IN ZONING DISTRICTS INDUSTRIAL (1-1) WHEREAS, subsequent to duly given mailed and published notice, the Planning and Zoning Commission held a public hearing on February 7, 2006 and considered public comments regarding the aforementioned amendment and adopted its recommendation to City Council supporting the rezoning; and WHEREAS, the City Council, at their regularly scheduled meeting of February 8, 2006 considered the Planning and Zoning Commission's recommendation and concurred with their motion. NOW THEREFORE, BE IT RESOLVED BY THE CITY. COUNCIL OF CENTERVILLE, MINNESOTA: 1. The recommendation for rezoning of the subject property to Industrial I-I is hereby approved. 2. That the City Administrator or their designee shall ensure that the comprehensive plan amendment as approved be submitted to the Metropolitan Council for consideration and all documentation associated with the same is hereby approved and shall be recorded and become official record of the City of Centerville. PASSED AND ADOPTED by the City Council this 8th day of February, 2006. Mayor, Mary Capra Attest: Teresa Bender, City Clerk ,20 EXHlBIT "A" Property in the City of Centerville, Anoka County, Minneso~ identified by parcel numbers as follows: PIN #R23-31-22-44-0005 PIN #R23-31-22-44-0006 except the westerly 600 feet of such parcel PIN #R23-31-22-44-OO08 PIN #R23-31-22-44-0009 97498 EBK 11I21101 ~1 - ~ GROUND DEVELOPMENT, INC. 7575 GOLDEN VALLEY ROAD, SUITE 250 MINNEAPOLIS, MINNESOTA 55427 763-546-2625/ fax 763-546-7321 December 20, 2005 1)t ~l ..y ~. ~ M~. John W. Meyer Finance Director City of Centerville 1880 Main Street CenterviJIe, Minnesota 55038 Re: Escrow - Pheasant Marsh 2nd Addition Dear Mr. Meyer: Please March 31, 2001 Ground Developmentl Inc. paid an expense escrow to the City of Centerville in the amount of $2,500.00. Then, on May 3, 2001, Ground paid CentelVille an engine~ring escrow in the amount of $10,000.00. These escrows were required for Pheasant Marsh 1 st Addition. When the First Addition ot"pheasant Marsh was complete the city transferred the $t2,500.00 to Pheasant Marsh 2nd Addition. The work for 1 st and 2nd phases of Pheasant Marsh, is complete. I am writing to ask that the City of Centerville retire the escrow and send Ground Development the $12,500.00 escrow the city if holding. Thank you for your time and attentiOn to this matter. Sincerely, Amanda Smith . \ ob ~\" \ cc Steve. Fiterman Dale Runkle 'V~\\~5 <A~ ~ -<--~ J.. ~ . ~~...0 { ~42 Q- ,~ . (~uv-' J-.I'-~ eS ~~y- ,26' .. --....... ........P"'rY.... .__....... r""'r_ ........,....,.......,,'n"'Io ....~^' nz..n nn J '1'n.T_T or,.." ~T ':"Tl"'\T nn I' (lI /"0 tervi{{e ~ta6{isfiea 1857 1880 :Main Street . Centervi{{e, 'M:N 55038 (651) 429-3232 . p~ (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #06-016 A RESOLUTION SPONSORING THE PROJECT CONTAINED IN THE ATTACHED OUTDOOR RECREATION GRANT PROGRAM APPLICATION BE IT RESOLVED that the City of Centerville is acting as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application (attached) to be submitted on March 31, 2006 and that the Mayor is hereby authorized sign the application and the Finance Director will forward same to the Department of Natural Resources for consideration and potential funding of this project on behalf of the City of Centerville. BE IT FURTHER RESOLVED that the City of Centerville has the legal authority to apply for financial assistance, and financial capability to meet the matching funds requirement and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Centerville has not incurred any costs described on Item 5 and has not entered into a written purchase agreement for the property described on Item 4. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Centerville may enter into an agreement with the State of Minnesota for the above-referenced project, and that City of Centerville certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for outdoor recreation uses into perpetuity. NOW, THEREFORE BE IT RESOLVED that the Mayor of the City of Centerville Minnesota is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND ADOPTED by the City Council this 22nd day of February, 2006. Mayor, Mary Capra Attest: Teresa Bender, City Clerk ;'/p Anoka County Contract No. LICENSE AGREEMENT FOR USE OF COLOR DIGITAL ORTHOPHOTOS OF THE COUNTY OF ANOKA THIS LICENSE AGREEMENT is made and entered into this _ day of February, 2006, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Licensor," and the City of Centerville, hereinafter referred to as the "Licensee." WITNESSETH WHEREAS, the Licensor maintains and owns a set of color digital orthophotos of the half- sections in Anoka County which are maintained in the following two different file formats: (1) TIFF format and (2) MrSlD images (compressed/mosaic TIFF images) (hereinafter collectively referred to as "Color Digital Orthophotos"); and WHEREAS, the Licensee acknowledges the Licensor's proprietary nature of the Color Digital Orthophotos and wishes to use the Color Digital Orthophotos subject to the terms and conditions of this License Agreement; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and agreements described herein, the Licensor and the Licensee hereby covenant and agree as follows. 1. "LICENSED DIGITAL ORTHOPHOTOS" Licensed Digital Orthophotos means the aerial photos in the file formats identified in Exhibit A, which is attached hereto and incorporated herein by reference. 2. GRANT OF LICENSE Licensor hereby grants to Licensee a non-transferable, non-exclusive limited License to use the Licensed Digital Orthophotos, subject to the terms and conditions of this License Agreement. Legal title to the Licensed Digital Orthophotos made available under this license shall remain in Licensor as its sole property, subject to Licensee's rights specified in this License Agreement. Neither this License nor the Licensed Digital Orthophotos may be transferred, loaned, or assigned to any other person or entity without the prior, express, written consent of the Licensor. 3. USE OF LICENSED DIGITAL ORTHOPHOTOS Licensee may use the Licensed Digital Orthophotos for its own internal use and for the generation of photos or other similar products for sale to the general public. 4. TERM AND TERMINATION This License Agreement shall be effective from the date first stated above. This License Agreement may be terminated by Licensor if Licensee fails to comply with any of the terms of this License Agreement. On the termination of this License Agreement, Licensee shall promptly return to Licensor the Licensed Digital Orthophotos and shall erase from all computer storage and computer storage devices any copies of the same. ~ 5. ACCURACY OF INFORMA TIONIWARRANTY a. The Licensor is furnishing the Licensed Digital Orthophotos on an "as is" basis without any support whatsoever and without any representation or warranty, including, but not in any manner limited to, fitness, merchantability, and completeness. b. The Licensee agrees that the Licensor shall have no liability, contingent or otherwise, for the accuracy. completeness, or correctness of the Licensed Digital Orthophotos or for any decision made or action taken by the licensee or anyone using the information from the Licensee and acts in reliance upon the Licensed Digital Orthophotos. c. There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of any kind, express or implied, regarding the accuracy or reliability of the information contained in the Licensed Digital Orthophotos. 6. INDEMNIFICATION The Licensee shall defend, indemnify and save the Licensor harmless from any liability. claims, damages, judgments. costs (including reasonable attorney fees), demands or actions arising, directly or indirectly, related to obtaining. use, and/or possession and utilization of the Licensed Digital Orthophotos provided herein; and from all loss or liability by reason of failure of the Licensee, in any respect, to perform fully or observe all obligations under this license Agreement. 7. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this license Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this License Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. By signing this agreement and accepting the Licensed Digital Orthophotos, licensee agrees to abide by and limit the use of the licensed Digital Orthophotos pursuant to the terms of this License. - 2- ~9 IN WITNESS WHEREOF, the parties hereto have caused this License to be duly executed. LICENSEE: CITY OF CENTERVlLLE By: Its: Mayor Dated: By: Its: Clerk Dated: dk\contract\2006\orthophotos-la. doc COUNTY OF ANOKA By: John Slusarczyk GIS Coordinator APPROVED AS TO FORM Robert M.A. Johnson Anoka County Attorney By: Dan Klint Assistant County Attorney Dated: -3- ~9 CITY OF CENTERVILLE ANOKA COUNlY, MINNESOTA ORDINANCE NO. AN EMERGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN DEVELOPMENT IN THE AREA GENERALLY KNOWN AS THE DOWNTOWN OF CENTERVlLLE THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. BACKGROUND 1.01 The City of Centerville has undertaken a study of the area commonly known as the downtown of Centerville. The area affected consists of approximately 28 acres (" Study Area"). The current zoning designations for property in the Study Area are a mixture ofR-2 and M-1. 1.02 The City Council finds that the current zoning of the Study Area simply reflects the existing uses, and may well not reflect the best long-term use of the Redevelopment Study Area. 1.03 The Study Area encompasses property that is unique in the City, as it is some of the most attractive lakefront property in the City and encompasses property in the historic, original town of Centerville. 1.04 There are a number of significant issues pertaining to the Study Area parcels. The purpose of this Ordinance is to allow the City to: a. Study each parcel to determine its suitable zoning and use~ b. Consider each parcel in the context of the City's overall commercial and residential needs; c. Consider the economic impacts on the City of various development options for the parcels~ and d. Develop a set of options and a specific land use recommendation for each parcel and a comprehensive development plan for parcels in the Study Area. 1.05 There is a need for a study to be conducted so that the City can adopt a set of comprehensive official controls pertaining to such uses and issues. The study will address the land use issues, including those referenced above. 1 JI; 1.06 The City Council hereby directs that such a study be undertaken by the City's planning and zoning commission. 1.07 There is a need for an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City. There is a need to restrict such uses until the study has been completed and any modifications to the City's official controls are accomplished. 1.08 Minnesota Statutes ~462.355, Subd. 4 (2003) pennit the adoption of an interim ordinance during the planning process. Section 2. DEFINITIONS The following terms whenever used in this Ordinance shall be interpreted to mean: R-2: Property zoned R-2 (Single Family Residence District) in the City's Zoning Ordinance. M-l: Property zoned M-I (Mixed Use District) in the City's Zoning Ordinance. Study Area: The area shown on the map attached as Exhibit A, consisting of approximately 28 acres. Official Controls: City plans and ordinances which control the physical development of the City including the City's Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Plat: The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 (2003) and containing all elements and requirements set forth in applicable Centerville ordinances adopted pursuant to Minnesota Statutes Section 462.358 and Chapter 505 (2003). Section 3. TEMPORARY MORATORIUM Pending the completion of the above referred to study and adoption of appropriate official controls, no plat for land located in whole or in part in the Study Area, nor building permit for an existing lot located in whole or in part in the Study Area, shall be approved and no application for such approval will be accepted. This ordinance shall not apply to the following: a. Plats which have been preliminarily approved by the City Council prior to the adoption of this Ordinance, unless that approval is void pursuant to the Centerville City Ordinances; b. Building permits which are for interior or exterior repair or maintenance purposes, but not including enlargements of a 2 31 building either horizontally or vertically; c. Plats for which a sketch plan or preliminary plat application has been completed and filed with the City prior to adoption of this Ordinance. Section 4. ENFORCEMENT The City may enforce this ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. SEPARABILITY Every section, provision or part of this ordinance is declared separable from every section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. Section 6. DURATION This Ordinance shall take effect upon its adoption by the City Council and shall remain in effect until the date of the adoption of the official controls contemplated hereunder or August 15, 2006, whichever occurs first. ADOPTED this _ day of Centerville. , 2006, by the City Council of the City of CITY OF CENTERVILLE BY: Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk 3 3;" EXHIBIT A MAP-STUDY AREA '<l, , jL" p:~~ 33 tervi[[e 'Esta6[isliec! 1857 1880 'Main Street . Centervi<<e) 'M1{ 55038 (651) 429-3232 . p~ (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #06-017 AUmORIZING SUBMISSION OF REQUEST FOR STATE BONDING FUNDS FORTHE RECONSTRUCTION OF A PORTION OF ANOKA COUNTY STATE AID IDGHWAY 14 FROM INTERSTATE 35E TO INTERSTATE 35W, AS WELL AS, THE RECONSTRUCTION OF THE INTERCHANGE AT INTERSTATE 35E WHEREAS, the City of Centerville has been working with Anoka County, the City of Lino Lakes, the local property owners on plans for the reconstruction of a portion of Anoka County State Aid Highway 14 from Interstate 35E to Interstate 35W and the Interchange at Interstate 35E; and WHEREAS, all the above mentioned parties agree that the reconstruction of Anoka County State Aid Highway 14 and the Interchange at Interstate 35E is critically needed; and WHEREAS, the Minnesota Department of Transportation and the United States Department of Transportation Federal Highway Administration have stated they do not have funding available for this project. NOW, THEREFORE BE IT RESOLVED, that the Centerville City Council authorizes the submission of a request to the Minnesota State Legislature for 2006 bonding funds for the reconstruction of Anoka County State Aid Highway 14 and the Interchange at Interstate 35E in the amount of39.75% ofthe reconstruction costs, or $14,100,000. PASSED AND ADOPTED by the City Council this 22nd day of February, 2006. Mayor, Mary Capra Attest: Teresa Bender, City Clerk J'I tervi[[e JX80 :."all' .1r;.'1""~I.'I. ('N"t','{'ilT~'. :'1>"- _~"O.l.\' 'r_~tll61 ish t'd 18':;;;- ,,5" I .12"). ;~?_;.! f'" ''''-.1,'' (t.o; I--I.!t) .'<h..!Q STATE CAPITAL BONDING BILL REQUEST CITIES OF CENTERVILLE, LINO LAKES AND THE COUNTY OF ANOKA INTERCHANGE CONSTRUCTION AND THE RECONSTRUCTION OF ANOKA COUNTY STATE AID HIGHWAY 14 FROM INTERSTATE 35E TO INTERSTATE 35W CONTACT PERSON JOHN W. MEYER CITY OF CENTERVILLE 651-429-3232 ,/ 3fJ BILL DRAFT -LOCAL SHARE OF CSAH 14 RECONSTRUCTION & 135E INTERCHANGE IMPROVEMENTS A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the Interstate 35E Interchange at Anoka County State Aid Highway Number 14 and related local improvements for reconstruction in Centerville, Lino Lakes and Anoka County to the County of Anoka. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [APPROPRIATION] $14.100.000 is appropriated from the bond proceeds fund to Anoka County for a arant to acauire. desian and construct local improvements to Anoka County State Aid Hiahwav Number 14 and the Interchanae on Interstate 35E at Anoka County State Aid Hiahwav Number 14. Section 2. [BOND SALE] To provide the money appropriated in this act from the bond proceeds fund. the commissioner of finance shall sell and issue bonds of the state in an amount up to $14.100.000 in the manner. upon the terms. and with the effect prescribed by Minnesota Statutes. sections 16A.631 to 16A.675. and by the Minnesota Constitution. article XI. sections 4 to 7. Section 3. [EFFECTIVE DATE] Sections 1 and 2 are effective the day followina final enactment. ~ U) o e _0 Z GI 01:1) _ e ~Jg 4. U - .. OJ! - c !-- ~~ 4.- ..Joa ~i wO CD: w. u...... ~~ OOUJ ..JO o:(b ~c EL ::I ~o _0 !-Ill UJ.lf: WO ;:)~ O- We 0::.2 ..JU ..J. - c IDe C,!)O ZO -"D CGI Z"D Ot! a:lm ~g t:1M EL('f) 0:(- O. U)~ 0." Or') N_ .. .... "i- ~e E CI) E~ ou. U ~- (frfl. _0 CIlCO (J- ~ r- .... en GI ::I g -I tii - o I- c :& (J .5 ~ 8 Q) a:: ~ ..... :t: ~ (J 88 . . . NO 00 00 'Ii a; ('f) .... 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I :s cr " in 01 c: :0 c o m 31 2005 Regional Solicitation "A" Minor Arterial Expander - Rank Order and Cumulative Federal Funds Total Cumulative Project No. Applicant Project Description Federal $ Total $ Points Federal $ AE-05-1 0 " Dakota County County Slate Aid Highway (CSAH) 23 Expander - ConstNction of a slx-lane facllty (south of 153fd Street), intersection upgrades, and related roadway improvements to address highway operation and accommodate Bus Rapid Transit buses on Cedar Avenue (CSAH 23) from 147th Street to 1/4 mile south of 160th Street (CSAH 46). 1.5 mUes. $5,500,000 $8,000,000 869 $5,500,000 AE-05-Q3 Hennepln County CSAH 10910025 (Weaver Lake Road/85th Avenue) - Construct Second Half of CSAH 109 as a 4-lane Road from East of Main Street to East of Jefferson Highway. - Construction of the second half of a planned 1.95 mile. 4-lane, divided roadway from east of Main Street to east of Jefferson Highway In Maple Grove and Brooklyn Park. The existing road Is being used as a two-Iane road, until the remaining two lanes can be conslructItd, resulting In a 4- lane divided roadway. An off-road, multkJse path win be conslNcled on at least one side of the roadway. $5.500,000 $7,600.000 792 $11,000,000 AE-OS-01 City of Maple CSAH 30 - CSAH 101 to Dunkirk Lane - The l4lQI'ade of CSAH 30 Grove to a four-lane divided roadway. Two pedeslrlan/blcycle trails will be constructed, one on each side of \he corridor. Includes installation ci traffic signals at CSAH 101 and lawndale Lane, 1.68 miles. $5,500,000 $9,250,000 788 $16,500.000 AE-05-{)8 Anoka County CSAH 17 (Lexlngton Avenue) Access Management and Reconstruction Project - Improvements on a 22 mRe segment of CSAH 17 (Lexington Avenue) from CSAIi 14 (Main Street) to 1,000 feet north of CSAH 116 (Bunker lake Blvd.), recons1rUCtS CSAH 17 to a six-lane divided roadway within Blaine and to a four-lane divided roadway within Ham L.ake. Includes exclusive turn lanes at major Intersections, Indudes the constn.K:tIon of separate pedestrianlb/cye facIlities along one side of CSAH 17. $5.456,000 $6,620,000 774 $21,956.000 AE-OS-Q6 Anoka County CSAH 14 Interchange Reconstruction - (City of Uno Lakes) existing CSAH 1411-35E diamond interchange to a diamond interchange with e lOOp In the northwest qUadrant, widening of the bridge to accommodate a four4ane divided roadway with a trail on one aide. accommodate a future park-and-ride In the southeast quadrant of the Interchange. The project segment extends one-halt mile from 21st Avenue to Otter Lake Road. $5,500,000 $9,900.000 751 $27.456,000 AE-05-14 Washington West Broadway Avenue (CSAH 2) Reconstruction. CSAH 21rom County 19th Street SW to 12th Street SW and the \-35 interchange. Access will be reduced through the Introduction of a raised median converting three privata access points Into right inJright out road. $5,500,000 $10,200,000 740 $32,956,000 AE-05-16 Scott County Construction on CSAH 21 from CSAH 16 to CSAH 16 - Includes paralel trails and a transit pari<-and-ride lot In the southwest quachnt of CSAH 16 and CSAH 18. $4.658,800 $5.823.500 714 $37.614,800 AE-OS-OS City of Normandale Blvd. (CSAH 34) - 94th Street to 8500 Block (Nine Mile Bloomington Creek)- The upgrade of Normandale Boulevard to a four-lane divided roadway with exclusive lelt turn lanes at intersections. A two-way trail along the west side of the corridor. T olal project length is 0.8 mRea (4,334 feet). $4,880,000 $6,100.000 100 $42.494,800 AE-05-04 Carver County Pioneer Trail Realignment/Reconstruction Project- Realigrvnenllraconstructlon of Po-- Tra" from TH 41 to CSAH 11. Improvements for a 0.75 mile segment of Pioneer Trail from jU51 west of TH 41 to west 01 Bavaria Road, extenda the divided four- lane sectlon from the TH 41 intersection through BavaI1a Road. Includes exclusive turn lanes at key intersecllona and construction of a separate pedestrianlblcycle facilities along one side of Pioneer Trail. 54,154,400 $5,193.000 696 546,649.200 38 ROAD 14 to 1-35E ANOKA COUNTY 02-614-24 COUNTY 1-35W SP 10/1212005 ..- 0-_ -- - -.....- --- CJ --.~ --- CJ -........ --.. -of --- --- - ___aMra PRElIMINARY -- ....... 0-- -- = ---.... -- t::::J ... II ...... --- t:J --......... - --oj -.. --- --. --...... ----..... See 1-35E1CSAH 14 Interchange AltematiYEls Evaluation Memorandum for more information on interchange layout concepts. L_ 0-- -- - -.....- --- t::I .............. --- t::I ~_...... --oj -.. --- --- - ---........ f ~ !. PREUMINARY \ - 10/12/2005 . L.____~~I-.- _..... 39 ~ CONSULTING GROUP, I N c. T rdl1sportatiol1 · Civil · Structur.ll · Em'ironmenl.ll · Planning · T raffje · LandsGlpe Architecture · r.uking . Hight of Way SRF No. 0044994 FINAL MEMORANDUM TO: Lyndon Robjent, P.E., Assistant County Engineer Anoka COlmty Highway Department FROM: Jim Dvorak, P.E., Vice President Marie Cote, P.E., Principal DATE: September 7,2005 SUBJECT: I-35E/CSAH 14 INTERCHANGE ALTERNATIVES EVALUATION INTRODUCTION Anoka County, in cooperation with Washington County, Centerville, Lino Lakes and Hugo, is planning the reconstruction of CSAH 14 from I-35W to the east county line. Due to its impact on the proposed reconstruction of CSAH 14 and the issue of local access in the vicinity of the interchange, an alternatives evaluation of the future I-35E/CSAH 14 interchange design has been conducted. The purpose of this memorandum is to document the planning level review of the interchange alternatives in order to narrow down the possible alternatives. Two traffic forecast scenarios have been considered: one using the Regional Forecast Model for Year 2030, and the second being a "full build" scenario. Concepts for both traffic levels are shown to illustrate the possible range of improvements. A final interchange configuration cannot be selected until an agreement is reached on the appropriate traffic levels, and preliminary design, modeling and environmental documents are completed. TRAFFIC FORECASTS In the Anoka County CSAH 14 Roadway Alternatives Analysis Report dated July 2004, traffic forecasts were developed for year 2030 build conditions. Traffic forecasts were developed for the study area using an enhanced year 2030 Regional Forecast Model to include the proposed regional access alternatives and CSAH 14 upgrades. Figure 1.2, Regional Access Alternatives - Option 1, illustrates the traffic volumes developed by the use of the Regional Forecast Model. This alternative presents 2030 traffic volumes with no additional access to the regional system. In addition, traffic volumes for a "Full Build" condition were examined to understand roadway system implications for the full. range of development currently anticipated in area conununities long range plans. Figure 4.4, Full Build Option 4, shows the resultant traffic forecasts for the full build scenano. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 @ Fax (763) 475-2429 @ http://www.srfconsulting.com An Equal Opportunity Employer 1t> 1-35E at Anoka CSAH 14 I nterchange Concept (2030 Regional Model Forecasts) -_uN~r 1 4qO ft. , I' ;.'.. . '_ t. "f -i i : , , f ---, t .' . ~. . . , ~ I I I 1-__._ f f I - I t ./ I i m I ~ \ U5 ~ >- i .~ I U I 1-35E I -'.-- "'.--- .. -- -"'--\ , , ./ I CS~H 141 -' ,:,- ,......-................----.. -...---- > /~ ,; ///-, /!1( '; /:./' /f' .- fl. . I ' ( I {! j I t' Proposea-PSrk & Ride :: j; ,- ~ :: CONCEPT A ;f " 'i It I" Prepared by SRF July 28, 2005 ., '. Diamond plus northwest loop ( revised) k. :''0'" 11 tervi{{e 'Esta6{isliecf 1857 1880 9r1ain Street . Centervi((e, 'M:N 55038 CITY OF CENTERVILLE (651) 429-3232 . Pa:c(651) 429-8629 RESOLUTION #06-0 RESOLUTION APPROVING PARTICIPATION IN SUPPORTING A FOUR SHEET ICE FACILITY EXPANSION AND AUTHORIZING EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Centerville in conjunction with the Cities of Lino Lakes and Circle Pines have determined a need to provide its residents with access to an indoor ice arena intended to be used predominantly for youth athletic activities; and WHEREAS, the Minnesota Amateur Sports Commission CMASC") and National Sports Center ("NSC") propose constructing and operating a facility consisting of four new ice sheet expansion (the "Facility") to the Super Rink on the property of the National Sports Center located in Blaine, Minnesota; and WHEREAS, the City has been offered the opportunity to participate in the support of the operation of the new Facility for the purpose of supporting its community hockey association; and WHEREAS, the City is interested in promoting public skating programs such as open skating, learn to skate, figure skating, and senior skating at the new arena through its Parks and Recreation Department, and WHEREAS, the financing of the Facility will be undertaken by the issuance of revenue bonds of the Anoka County Housing and Redevelopment Authority (the ''HRA) backed by an annual appropriation lease purchase agreement of Anoka County, Minnesota (the County); and WHEREAS, the County and HRA have required, as a condition of their participation in the financing, a finding that the Facility's revenues and other available money will be sufficient to pay debt service with respect to the bonds; and WHEREAS, the County, the lIRA, the MASC and the NSC will enter into one or more agreements setting forth the respective rights and obligations of the parties with respect to the Facility; and WHEREAS, the City is authorized by Minnesota Statutes, Section 471.191 to enter into an agreement with respect to support the financing of the Facility; including securing its obligations pursuant to the agreement by a first charge on the gross revenues of the Facility and to provide for the payment of operating costs of the Facility to the extent that revenues are insufficient thereof; and 17- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVlLLE,MINNESOTA. 1) The City hereby determines and agrees to participate in the support of the operation and use of the Facility, provided that the City's participation shall be in an amount equal to sixteen percent (16%)" Percentage Share" of one of four ice sheets 1 ,340 hours of the Facility from September to March annually (exclusive of certain time allocated to MASC). 2) The City of Centerville hereby appropriates its share of $1 00,000 dollars to be applied to costs of construction and fmancing of the Facility as follows; City of Lino Lakes appropriates $72,000 City of Centerville appropria~es $16,000 City ofCirc1e Pines appropriates $12,000 The City of Centerville contribution shall be paid according to the following schedule; $8,000, Sept. 1, 2006 and $8,000 Jan.15, 2007. The City of Centerville shall have the opportunity to make payments in advance if funds become available. 3) The Cities agree to support rental income for the Facility in an amount equal to the agreed upon annual hourly rate times its Percentage Share of agreed upon prime time hours (not to exceed 16% of 1,340 hours) which rental income shall be passed though for the purpose of paying debt service with respect to the bonds and paying operating costs of tl1e Facility. To the extent that actual revenues of the Facility, after application to payment of debt service and accumulation and maintenance of required reserves, are inadequate to pay operating costs of the Facility, the City agrees to pay the amount equal to the unsold hours on its designated sh~~t pf ~ce.' In any given year of the 20 year bond repayment period, the City obligation shall be limited to the its proportion of unsold hours on its designated one ice sheet 'hi the high season of September, October, November, December, January, Februaryqp.d March, in no event exceeding 16% of 1,340 hours. ' , 4) The ice sheet shall be offered to primarily tl1l;1 Centennial Youth Hockey Association. In addition, the Centerville Parks and Recre~tiqn Department will be granted priority access to program ice hours at the new arena aq.4 will be given the opportunity to access and publicize all NSC Public skating prograIl1S t9 City of Centerville residents in appropriate city publications. CYHA and the- Natio~1l1~ports Center are committed to expand the public use of the Super Rink and expansiop to offer Centennial area skaters programs such as public skating, senior skating, leW'Il tp sj.{ate and figure skating. 5) The Mayor and City Administrator of .rll~ City are hereby authorized to execute an agreement with MASC and NSC inc1udin~ ~~rws specifically authorized hereby, and such other terms as are not inconsistent thet~~lB' and are necessary and appropriate to provide for the fmancing, constructio~7' 9PFration and use of the Facility, all as determined by the Mayor and City Admmistrator in their discretion. Execution by the Mayor and City Administrator shall be evidence of such determination following prior approval of the agreement by the City CounciL 13 Adopted by the Centerville City Council this 22nd day of FelJfuary, 2006. Mayor ATTEST: City Clerk 4~ 02-17-06 DEVELOPMENT/SUBDIVISION AGREEMENT (Developer Installed Improvements) Pheasant Marsh J,d Addition THIS DEVELOPMENT/SUBDIVISION AGREEMENT ("Agreement") dated , 2006, by and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Ground Development Corporation, a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The Developer has asked the City to approve a final plat for Pheasant Marsh 3rd Addition (referred to in this Agreement as the "Plat"). The land ("Land") is situated in the County of Anoka, State of Minnesota, and is legally described on the attached Exhibit A. 2. CONDITIONS OF PLAT AND DEVELOPMENT APPROVAL. The City hereby approves the final Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles within one hundred (l00) days after the execution of this Agreement. If the final Plat is not recorded within the one hundred (l00) days, the approval of the Plat is void, unless a written request for an extension is submitted to the City Administrator before the one hundred (l00) days expire. The extension will be approved or denied by the City Council within fifteen days. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page I ~s- 02-17-06 Such plat shall contain all easements required for the construction of improvements for the development. Outlot A of Pheasant Marsh 3rd Addition, which is located along the south side of Dupre Road between Lot 12, Block 4 of Pheasant Marsh 1 st Addition and Lot 10, Block 2, Pheasant Marsh 3rd Addition, shall be deeded to the City in lieu of adding the land to the street right of way. It is agreed that the Outlot would not be used for direct access to utilities by lands to the south that are not part of the plat, but that could be used for a street, watermain and sanitary sewer main connection to Dupre Road and for any other right of way purposes. 3. RIGHT TO PROCEED. Within the Plat or Land to be platted, the Developer may not grade (except as authorized in a Grading Permit issued by the City or the Pinal Grading Plan, hereinafter defined) or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by all parties, induding owners and mortgage holders, and filed with the City Administrator, 2) the necessary security has been received by the City, 3) the Plat has been submitted for recording with the Anoka County Recorder's Office, and 4) the City Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed. The Plat will not be released to the Developer and may not be recorded until the necessary security has been received and accepted by the City. The City Administrator shall issue the notice to proceed within seven (5) business days after receipt and acceptance of the security. 4. OTHER DEVELOPMENT. The City may refuse to approve future planning or zoning applications, plats or development contracts by or with Developer if Developer has breached this Agreement and the breach has not been remedied. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 2 ?(, 02-17-06 5. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications ofthe approved Plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans ("Plans") which are on file with the City. The Plans shall not be attached to this Agreement. lfthe Plans vary from the written terms of this Agreement, the written terms shall control. The Plans are: Plan C - Pheasant Marsh 3rd Addition final plat dated Final Grading and Erosion Control Plan dated 02-10-06 prepared by James R. Hill (Grading Plan"). Construction Plan for Sanitary Sewer, Water Main, Storm Sewer, Concrete Sidewalk, Concrete Curb, Gutter, Bituminous Surfacing, and Site Grading, Pheasant Marsh 3rd Addition, dated 01-13-06 prepared by James R. Hill ("Construction Plans"). Soils Investigation Report dated prepared by Plan A - Plan B - Plan D - 7. IMPROVEMENTS. The Developer shall install and pay for the following improvements ("Improvements") as required by the Construction Plans: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Ponding and Erosion Control H. Underground Utilities Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition Vl4.doc Page 3 11 02-17-06 1. Setting of Iron Monuments J. Sidewalks and Trails K. Surveying and Staking L. Mailboxes M. Street signage N, Trees, sod and landscaping All Improvements shall be installed in accordance with the City's subdivision ordinance; City standard specifications for utilities and street construction; and any other applicable ordinances. The Developer shall submit plans and specifications for the Improvements that have been prepared by a competent registered professional civil engineer to the City for approval by the City Council. No changes may be made to the Plans without the City's express written consent. The Developer shall obtain all necessary permits from other agencies before proceeding with construction of the Improvements. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify, as a condition of City acceptance, that the construction work for the Improvements meet the approved City standards. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and its engineer, review plans and inspect the work on a full or part- time basis. The Developer's expense shall not exceed a cap of$ 46,160, unless Developer agrees in writing to pay an additional amount or amounts. The cap is the maximum that the developer shall pay for the work of the city engineer and inspectors; the actual amount the Developer shall pay will be calculated on a per hour basis for the actual time spent. The hourly rates will be those set out in the current fee schedule which is attached hereto as Exhibit E. The Developer shall also pay out-of-pocket expenses for mileage at $0.46 per mile, all of which is included in the cap. To facilitate keeping costs under control, and to allow monitoring of the construction and the associated engineering costs, Developer will provide for biweekly project construction meetings with the Developers contractor, the Developer's engineer and City's engineer and other concerned parties. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 4 'If 02-17-06 The Developer, its contractors and subcontractors, shall follow all instructions received from the City's and Rice Creek Watershed inspectors, so long as consistent with the Plans. The Developer's engineer shall provide for on-site project management. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time and location with all parties concerned, including the City's consulting engineer and inspector, to review the program for the construction work. Prior to the pre-construction meeting, Developer shall supply a schedule of construction activities and shall amend the schedule from time to time as necessary. Within thirty (30) days after the completion of the Improvements and before the Security for said improvements is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans for each Improvement, and two complete sets of blue line "as constructed" plans in electronic format AutoCAD, DWG or a .DXF file, all prepared in accordance with City standards using Anoka County coordinates. Before the Security for the completion of Public Improvements is released in total, iron monuments must be installed in accordance with Minn. Stat. S 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: · Anoka County for County Road Access and Work in County Rights-of-Way (if any) . Minnesota Department of Health for Watermains . NPDES Permit for Grading and Erosion Control . MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal . DNR for Dewatering . City of CENTERVILLE for Building Permits . City Of Centerville for soil and erosion permits. . Rice Creek Watershed District-Wetland Conservation Act Permits . City Permits for Utilities such as gas, phone, electric, cable TV,water & sanitary sewer. 9. TIME OF PERFORMANCE. The Developer shall install all required public improvements ("Public Improvements") in the Plans by November 30, 2006, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall not be Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition Vl4.doc Page 5 19 02-17-06 installed before July 15,2007, but must be installed no later than November 30, 2007. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Council. 10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to be platted to perform all work and inspections deemed appropriate by the City in conjunction with the Plat development and the Improvements. 11. EROSION CONTROL. The erosion control shall be implemented by the Developer according to the Grading Plan and inspected and approved by the City. The City or Rice Creek Watershed District may impose additional erosion control requirements if field conditions warrant. All areas disturbed by the excavation and backfilling operations shall be reseeded within forty-eight (48) hours after the completion of the work or in an area that is inactive for more than seven (7) days, unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's seeding specification, which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will designate a contact person responsible for erosion control issues. The contact person will attend the pre-construction meeting. Except in case of emergency, the City will give 48 hours notice to the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down on the Security or Additional Security to pay any costs. No development, Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 6 ~ 02-17-06 utility or street construction will be allowed and no building permits will be issued unless the Developer is in full compliance with the approved erosion control plans. The Developer shall require all homebuilders working on the project to comply with City's erosion control standards. The homebuilders are to be educated on the City standards and the home builders may be required to post surety to secure performance. The City will work cooperatively with the developer in securing homebuilder compliance with erosion control standards through the building permit process. 12. GRADING PLAN. The Plat shall be graded in accordance with the Grading Plan. Within thirty (30) days after completion of the grading and before the City releases any Security, the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed in accordance with the approved grading plan on public easements or land owned or to be owned by the City. The "as constructed" plan shall include field verified elevations of (a) cross sections of ponds, and (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, and the Developer shall require lot purchasers to verify lot comer elevations and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer shall be required to maintain all erosion control measures until the project is accepted by the City. 13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and store flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly enforced. 14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, its contractors, subcontractors, agents or Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 7 .5/ 02-17-06 assigns. Prior to any construction on the Plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. During such times as construction activity is active, developer or his agent shall frequently inspect streets and make sure that they are swept of dirt and debris. 15. CITY ENGINEERING, ADMINISTRATION AND CONSTRUCTION OBSERVATION. Before the City signs the final Plat, the Developer shall reimburse the City for all of the City's out-of-pocket expenses incurred up to the date of executing this Agreement, including expenses incurred for legal, planning and engineering services. Furthermore, before the City signs the final Plat, the Developer shall deposit with the City a $10,000 cash escrow for the City's future out-of-pocket expenses for legal, planning, engineering, development agreement compliance and inspection services. The Developer agrees that the City has the right to request additional deposits from time to time based on the City's estimates of future out-of- pocket costs. 16. SECURITY. To guarantee compliance with all of the terms of this Agreement, including payment of real estate taxes, including interest and penalties, payment of the costs of all Public Improvements, and construction of all Public Improvements, the Developer shall furnish the City with a Letter of Credit in the form attached hereto as Exhibit B, from a bank or other [mancial institution acceptable to the City ("Security") for $$ 955,087.00. The amount ofthe Security was calculated as follows: CONSTRUCTION COSTS: 1. Cost of Private Improvements, description: a. Lot access - gravel & silt fencing 28 Lots @ $500.00 each $14,000.00 b. Snowplow service of streets approximately 20 @ $100.00 $2,000.00 c. Shade trees (balled and burlapped) 2. per lot or 1: per comer lot (66 Total) at $225.00 per tree $14,850.00 Q:\AgreementsIPheasant Marsh 3IPheasant Marsh 3rd Addition Vl4.doc Page 8 -5~ 02-17-06 d. Final Grade/SodlCurbstop @ $3.500.00 per lot $98,000.00 e. Street Lighting $12,000.00 Sub- Total Estimated Cost $140,850.00 Sanitary Sewer, Water main, Storm Sewer $ 595,050.00 Streets, Sidewalk and Restoration, street name signs, traffic signs, barricades and traffic control, flushing storm sewers, grading and sodding of outlots and boulevards, televising sanitary sewer, install mailboxes, surveying, staking comer monuments, project engineering and inspection. TOTAL CONSTRUCTION COSTS OTHER COSTS: $ 735,900.00 Additional security Street-Utilities (25%) Additional security other costs (50%) $148,762.00 $ 70,425.00 TOTAL PROJECT SECURITIES $ 955,087.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The Security shall be for a term ending November 30, 2006, and automatically renewing thereafter unless notice of termination is provided to the City at least forty-five (45) days prior to the end of the term or any renewal date. The notice given must comply with Section 23 below. Individual security instruments may be for shorter terms provided they are replaced at least thirty (30) days prior to their expiration. The City may draw down the Security, with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any violation of the terms of this Agreement or if the Security is to be allowed to lapse prior to the end of the required term or any renewal term. The notice and right to cure provisions shall be void if the Security will expire in less than seven (7) days. Ifthe required Public Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 9 6~ 02-17-06 proceeds shall be used to cure the default or held until the Developer has completed the Public Improvements. Upon receipt of proof to the City that work has been satisfactorily completed and financial obligations to the City and Developer's contractors have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the Security shall be retained until all Public Improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The City must approve or deny a request for reduction in the Security within twenty-one (21) days after receipt of proof satisfactory to the City as provided above. 17. CLAIMS. In the event that the City receives claims from laborers, materialmen, or others that work required by this Agreement has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, such claims will be forwarded to developer who shall promptly process the claims and make sure that all valid claims are paid. Developer agrees to indemnify and hold City harmless in the event that the City receives claims from (and uses reasonable diligence to authenticate said claims) labor, materialmen, or others indicating that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City. 18. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: a. Park Dedication. Before the City signs the final Plat, the Developer shall: (1) Make a cash contribution of $84,000.00 in lieu ofland dedication. During plat development, the Developer shall: Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition Vl4.doc Page 10 dI 02-17-06 (2) Grade and install bituminous trails according to the approved Plan Band Plan C. b. Mailboxes. Developer shall provide and install mailboxes to serve all lots in the Plat. Developer shall provide a plan showing locations and installation details. Mailboxes shall match those installed in Pheasant Marsh 1 st and 2nd Additions. c. Stormwater Fees. The Plat is subject to stormwater fees. The fees are based upon the gross area of the Plat and are calculated as follows: Gross Area of Plat: Storm water fee TOTAL 13.51 acres (588,364 sq. ft.) x $0.05739 per sq. ft. $ 33,766 All fees must be paid in full in cash upon execution of this Agreement. Developer's failure to timely pay fees shall constitute a default, and be grounds for denial of building permits. d. Record Construction Drawings. Before the City returns the security, the Developer shall prepare record construction drawings in electronic format (two copies). At execution of the agreement, developer shall pay a cash fee to the City for City base map upgrading. This fee is $36.50 per lot for a total charge of$ 1,022.00 (28 lots x $36.50 = $1,022.00). e. Electronic Format. The Developer shall submit the final Plat in electronic format. The electronic format shall be either AutoCAD, .DWG file or a .DXF file using Anoka County coordinates. The Developer shall also submit one complete set of reproducible construction plans on mylar and two sets of as-constructed prints.. f. City Engineer's Recommendations. The Developer shall implement all recommendations listed in the engineering reports prepared by Bonestroo Rosene Anderlik & Assoc. for the Development of the Land, as well as the soils investigation report dated , prepared by Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 11 ~ ~- 02-17-06 g. Street Light Installation. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. h. Ownership of Improvements/Pond Maintenance. Upon completion of the work and construction required by this Agreement, the Improvements lying within public easements, shall become City property without further notice or action; Developer shall retain ownership and maintain all ponds and other erosion control measures until adequate ground cover has been established on the Plat including all lots in the Plat, at which time the ponds shall become City property without further notice or action. However, the Developer shall maintain ponds until the development is complete in conformance with this agreement, and provided that the engineer for Developer shall certify that the ponds have been cleaned and provide the designed holding capacity, prior to the city taking over responsibility for any ponds in the development. 1. City's financial participation in oversizing of utilities. The City shall participate in the cost of the utilities needed for oversizing the water. Developer shall include this work in the construction contract for the Public Improvements. The City will reimburse the Developer for these costs, based upon the actual unit prices contained in the City's most recent construction project. The estimated reimbursement for this project is: 1050 feet ofwatermain @ $8.00/ft 2 gate valves @$650 $ 8,400.00 $ 1,300.00 TOTAL $ 9,700.00 The City shall pay this reimbursement to Developer within thirty (30) days after acceptance of the work by the City, and satisfactory proof that the work has been paid in full by Developer. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 12 .sz 02-17-06 J. Site Access for Grading and Construction. Access to the site during grading and construction shall only be permitted by Dupree Road from Centerville Road. Access to Pheasant Lane and Dupree Road north of the plat boundary for this subdivision is prohibited during this period. Developer shall place barricades at these limits and shall notify its contractors and workmen accordingly. 19. ACCEPTANCE AND WARRANTY a. Within 60 days after Developer delivers a complete set of reproducible "as constructed" plans and two sets of electronic format "as constructed" plans for the Developer installed public improvements and a letter requesting acceptance by the City of such improvements, City shall review said improvements and consent to and accept the public improvements or provide Developer with a written notice of work that is unacceptable and what is required to make the work acceptable to the City. If the City fails to provide a written notice of unacceptable work within 60 days, then the City shall be deemed to have accepted the public improvements identified in the Developer's written request for acceptance. b. The Developer warrants all Improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship. The warranty period for streets is two years. The two year warranty period on streets shall commence after the final wear course has been installed and accepted by the City, and the two (2) year warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer or his contractor shall post maintenance bonds in the amount oftwenty-five percent (25%) of final construction costs to secure the warranties. 20. RESPONSIBILITY FOR COSTS. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 13 .51 02-17-06 A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Agreement, review of Construction Plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses that the City may payor incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement or in making a claim against the Security, including engineering and attorneys' fees. D.. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may draw down the $10,000.00 escrow account, identified in Section 17 of this Agreement, and may halt Plat development and construction until the bills are paid in full and the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. City may at its option draw against developer security to reimburse itself for such costs. 21. DEVELOPER'S DEF AUL T. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 14 Sf 02-17-06 the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Plat. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 22. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms ofthis Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits may be issued for five (5) single-family model homes on lots in the plat, upon the City's receipt of the certified "as constructed" grading plan. Building permits for non-model homes may be issued after installation of public utilities to the lot and installation of class 5 aggregate base and concrete curb and gutter to the street. E. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a model home or building for which a building permit is issued on either a temporary or permanent basis until the Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 15 fi,/7 02-17-06 streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the Land. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the subject property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being developed; and that the Developer will indemnifY and hold the City harmless for any breach of the foregoing covenants. H. Developer shall take out and maintain or cause to be taken out and maintained until the City has in writing, accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1 ,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City approving this Development Agreement. The certificate shall provide that the City must be Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V 14.doc Page 16 ~" 02-17-06 given ten (10) days advance written notice of the cancellation ofthe insurance. The certificate of insurance shall substantially comply with the form attached hereto as Exhibit C. 1. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer may not assign this Agreement without the written permission ofthe City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it. K. Developer shall submit shop drawings for all retaining wall construction to the City for review and approval. These plans shall be certified by a Minnesota structural professional engineer. Developer's obligation is satisfied if a home builder submits a certified plan. L. Attached as Exhibit D is a summary of the Developer's financial obligations identified in other sections of this Agreement. 23. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Ground Development Corporation, 7575 Golden Valley Rd., Suite 250, Golden Valley, MN 55427. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 17 /.PI 02-17-06 the City Administrator at the following address: CENTERVILLE City Hall, 1880 Main Street, CENTERVILLE, Minnesota 55038. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.] Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 18 ~;, 02-17.06 SIGNATURE PAGE TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition CITY OF CENTERVILLE BY: (SEAL) Mary Capra, Mayor AND Dallas Larson, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of 2004, by Mary Capra, Mayor, and by Dallas Larson, City Administrator, of the City of CENTERVILLE, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DRAFTED BY AND RETURN TO: City Of Centerville 1880 Main Street Centerville, MN 55038 Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 19 ~3 02-17-06 SIGNATURE PAGE TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition DEVELOPER: Ground Development Corporation BY: STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005, by , the of Ground Development Corporation, a Minnesota corporation, on behalf of the corporation. NOTARY PUBLIC Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 20 H 02-17-06 FEE OWNER CONSENT TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition , fee owners of all or part of the subj ect property, the development of which is governed by the foregoing Development/Subdivision Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of ,2005. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2005, by NOTARY PUBLIC Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 21 t/;~ 02-17-06 MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition , which holds mortgage(s) on the subject property, the development of which is governed by the foregoing Development/Subdivision Agreement, agrees that the Agreement shall remain in full force and effect even if it forecloses on its mortgage(s). Dated this _ day of ,2005. MORTGAGEE By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2005, by , the of , on behalf of NOTARY PUBLIC Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 22 ~t EXHIBIT "A" TO SUBDIVISION AGREEMENT Pheasant Mash 3rd Addition Le2al Description of Property Bein2 Developed. situated in Anoka County. Minnesota: Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition Vl4.doc Page 23 02-17-06 ~1 02.17.06 EXHIBIT "B" TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of CENTERVILLE 1880 Main Street CENTERVILLE, Minnesota 55038 Dear Sir or Madam: We hereby issue, for the account of Irrevocable Letter of Credit in the amount of $ drawn on sight on the undersigned banle (Name of Developer) and in your favor, our , available to you by your draft The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ,2005, of (Name of Bank) "; , dated b) Be signed by the Mayor or City Administrator of the City ofCENTERVILLE. c) Be presented for payment at November 30, 2006. (Address of Bank) **1 , on or before 4:00 p.m. on This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the CENTERVILLE City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: CENTERVILLE City Administrator, CENTERVILLE City Hall, 1880 Main Street, CENTERVILLE, MN 55038, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 24 ~! 02-17-06 This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its ** I Must be a location within 50 miles of City Of Centerville. Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 25 ~7 EXHIBIT "C" TO SUBDIVISION AGREEMENT CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of CENTERVILLE 1880 Main Street CENTERVILLE, Minnesota 55038 INSURED: ADDITIONAL INSURED: City ofCENTERVILLE AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: () Claims Made () Occurrence LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc 02-17.06 . I Page 26 ~ 02-17-06 Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Insurance Company: (X) Any Auto LIMITS: [Minimum) Bodily Injury: $500,000 each person Property Damage: $500,000 each occurrence Expiration Date: $1,000,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM TIDS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative Q:\AgreementsIPheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 27 1/ 02-17-06 EXHIBIT "D" TO SUBDIVISION AGREEMENT Pheasant Marsh 3rd Addition CHECKLIST Before the City signs the final plat, the following must be delivered to the City Administrator: 1. Fully executed Development/Subdivision Agreement 2. Cash payments a. All out -of-pocket expenses paid in full, at least through the date of execution of the development agreement [section 15] b. $84,000 in lieu of park land dedication [section I8.a] c. $ 33,766 storm water fees [section I8.c] d. $1,022 for City base map upgrading [section I8.d] 3. Cash escrow/letter of credit a. $10,000 cash escrow [section 15] b. $ 955,087 Letter of Credit [section 16] 4. Certificate of insurance [section 24.H] 5. Deeds for easements and outlots. Q:\AgreementsIPheasant Marsh 3IPheasant Marsh 3rd Addition V14.doc Page 28 1~ 02-17-06 EXHIBIT E (ENGINEERING FEES) Q:\Agreements\Pheasant Marsh 3\Pheasant Marsh 3rd Addition V14.doc Page 29 1.3 tervi{{e 1880:MainStreet . Centerviffe,:M:N 55038 ~ta6{is/ied 1857 CITY OF CENTERVILLE (651) 429-3232 . Pa:{ (651) 429-8629 RESOLUTION #06-0_ A RESOLUTION CALLING FOR PUBLIC HEARING, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION FOR STREET IMPROVEMENTS WHEREAS, a report has been prepared by Bonestroo, Rosene, Anderlik & Associates with reference to the improvement 21 st Avenue from a point approximately 600 feet south of Main Street to a point approximately 1400 feet south of Main Street and continuing on a new unnamed street 'parallel to Main Street westerly to 20th Avenue, by installation ofwatermain, sanitary sewer, street pavement, curb, storm sewer and related drainage improvements and the report was received and considered by the City Council on February 15, 2006; and WHEREAS, the report indicates that the proposed project is feasible; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE,MlNNESOTA 1. The Council will consider the improvement in accordance with the report and the assessment of the benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of $1,399,195. 2. A public hearing shall be held on such proposed improvement on the 2200 day of March, 2006, in the Council Chambers of City Hall at 6:30 p.m., and the City Clerk shall give such mailed and published notice of such hearing and improvement as required by law. 3. Tom Peterson of Bon est roo, Rosene, AnderIik and Assoc., is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of this improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of a tax exempt bond. PASSED AND ADOPTED by the City ofCenterviIle this 22nd day of February, 2006. Mayor, Mary Capra Attest: City Clerk, Teresa Bender 1i OPTION AGREEMENT THIS OPTION AGREEMENT (the "Agreement") is made and entered into this I ~ day of June, 2005, by and between LGL, LLC ("Sellers") and CITY OF CENTERVILLE, a Minnesota municipal corporation ("Buyer"). RECITALS 1. Sellers are the fee owners of certain real property located in the City of Centerville, County of Anoka, State of Minnesota with PID No. R24.31.22.23.0014 and, such real property containing approximately fourteen and one-half acres, shown and described on Exhibit "A" attached hereto, together with all hereditaments and appurtenances, and all easements, rights and other privileges benefiting the real property. 2. Buyer wishes to secure an option to purchase the (the "Property") and Sellers are willing to grant such an option upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the Option Payment, as defined below, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are incorporated herein. 2. GRANT OF OPTION. Sellers hereby grant to Buyer the exclusive and irrevocable option ("Option") to purchase the Property, subject to and in accordance with the terms and conditions set forth in this Agreement. 3. OPTION PAYMENT. As consideration for the Option granted herein, Buyer has paid to Sellers the non-refundable sum of One thousand Dollars ($1,000.00) and other good and valuable consideration (the "Option Payment"), receipt of which is acknowledged by Sellers. 4. RESTRICTION ON TRANSFER. Sellers agree that, during the Option Term, the Sellers will not sell, lease, mortgage, conveyor otherwise encumber the Property or any part 10 thereof. Sellers shall not renew or extend any lease of all or part of the Property without Buyer's prior written consent. 5. OPTION TERM. The term of the Option shall commence on the date first above written, and shall terminate at 5:00 p.m. Central Standard Time (CST) on August 15, 2005 (the "Option Term"). 6. EXERCISE OF OPTION. Buyer may give written notice to Sellers of its intent to acquire the Property before the Option Term expires. In the event that Buyer exercises its option to purchase the Property, the parties shall negotiate a purchase agreement in accordance with the terms of this Option. The purchase agreement will provide for earnest money in the amount of $15,000, which shall be deposited with an escrow agent satisfactory to both parties, such earnest money to be applied to the purchase price at closing. 7. FAILURE TO EXERCISE OPTION. If Buyer fails to give written notice of exercise of the Option before the Option Term expires, this Option shall automatically terminate, Buyer shall have no rights herein and Sellers shall retain the Option Payment. 8. PURCHASE PRICE. Buyer shall pay to Sellers $650,000 for the Property. If the Buyer intends to proceed with the acquisition, the Buyer shall send to Sellers a Notice of Intent to Acquire on or before the end of the Option Term. Closing on the purchase of the Property shall be completed within sixty (60) days of the date the Notice of Intent to Acquire is sent to Sellers. 9. TITLE TO BE CONVEYED. Sellers shall convey the Property to Buyer at Closing by warranty deed, free and clear of all liens, encumbrances, conditions, easements, restrictions and other conditions except for the following: a. Building and zoning laws, ordinances, state and federal regulations; 2 1~ b. Restrictions relating to use or improvement of the Property without effective forfeiture provisions; c. Reservation of any mineral rights by the State of Minnesota; d. Utility and drainage easements which do not interfere with existing or planned improvements; e. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of Closing subject to proration thereof at the time of Closing; and f. Exceptions to title which constitute encumbrances, restrictions or easements which have been disclosed to Buyer and accepted by Buyer in this Agreement (if any): Exceptions. g. Sellers shall at their expense within twenty (20) days of the date of the Notice of Intent to Acquire is sent provide Buyer with an abstract of title to the Property certified to the date of the Notice of Intent to Acquire or provide Buyer at Sellers' expense with a commitment for title insurance in a form acceptable to Buyer. The abstract and/or title commitment shall reflect that Sellers are the Owner of the Property subject only to such liens and encumbrances as are acceptable to the Buyer. If title to the Property is unacceptable, the Buyer may in its sole discretion, terminate its option to purchase or proceed to close. 10. INSPECTION OF THE PROPERTY. During the Option Term, Buyer and Buyer's agents shall be entitled to enter upon the Property to perform soil tests, environmental tests, and such other inspections, tests and studies as Buyer deems necessary, all at Buyer's sole cost and expense. Buyer shall, prior to expiration of the Option Term, restore the Property to the condition as it exists as of the date hereof and indemnify, defend and hold Sellers harmless from 3 11 any and all claims, of whatever nature, arising out of or relating to any act or omission of Buyer or Buyer's agents on the Property. Buyer shall not permit any mechanic's liens to be filed against the Property, and shall immediately discharge or obtain releases of any such mechanic's liens. Buyer shall not be liable for any existing conditions on the Property, provided the Property is restored to the condition as it exists on the date hereof. 11. REPRESENTATIONS AND WARRANTIES BY SELLERS. Sellers represent and warrant to Buyer as follows: a. Ownership. Sellers are the sole owners of, and have fee simple title to, the Property. Prior to closing, Seller at his sole expense, shall provide a certificate of survey and surveyor's legal description for the property to be acquired. b. Authority. Sellers have the requisite power and authority to enter into and perform its obligations under this Option. This Option shall be deemed a valid and binding obligation of Sellers, enforceable according to its terms and conditions. c. Hazardous Substances. Sellers know of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation of any law. To the best of Sellers' knowledge, there have been no acts or occurrences upon the Property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the Property or other property in the area. To the best of Sellers' knowledge, the Property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. 4 11 d. Use and Zoning. Sellers' use of the Property complies with all applicable laws, statutes, ordinances, rules and regulations, including, but not limited to, the existing zoning laws for the Property. e. Wells. Sellers certify that Sellers do not know of any wells on the Property, as that term is defined under Minnesota Statutes Chapter 1031. f. Storage Tanks. There are no "above ground storage tanks" or "underground storage tanks," as those terms are defined by Minnesota Statutes Chapter 116, located on, in or under the Property. Any above or below ground storage tanks have been removed or filled in compliance with applicable law. g. Individual Sewage Treatment System. There are no individual sewage treatment systems, as that term is defined by Minnesota Statutes Chapter 115, located on the Property . h. Non-Foreign Sellers. Sellers are not foreign persons, trust, partnership or estate, as those terms are defined under Section 1445 of the Internal Revenue Code, and the regulations promulgated thereunder, and will execute a non-foreign sellers affidavit at Closing. 1. Litigation. There is no pending litigation, arbitration or other legal proceedings affecting or involving the Property. Except as stated above, the Property is sold in its "as is" condition, without warranty express or implied. Buyer acknowledges that, with the exception of the representations and warranties set out herein, Buyer will rely on its own inspections and testing of the Property in purchasing the Property . 12. SELLERS' COOPERATION. Sellers shall cooperate with Buyer and take such reasonable actions as are needed for Buyer to obtain governmental approvals for Buyer's 5 19 intended use of the Property, provided that Sellers incur no cost and provided that no governmental approvals are effective until Buyer's purchase of the Property. 13. NOTICE. Any notice required or permitted under this Agreement shall be deemed given if delivered by personal delivery upon a party or its authorized representative; or if deposited in the United States mail, postage pre-paid and sent certified mail, return receipt requested; or if deposited with a nationally recognized overnight courier, with costs pre-paid. Notices shall be addressed as follows: If to Sellers: LGL, LLC .L. )J ,.. ~~~1 ~/fwyf>#r/ / ; City of Centerville Attn: Dallas Larson 1880 Main Street Centerville, MN 55038 If to Buyer: Any party or its representative may change its address by giving written notice of such change, in the same manner as provided above, and said notice shall be effective ten (10) days from the date notice is given. For the purposes of this Agreement, notice shall be deemed given on the date notice is deposited in the United States mail, deposited with a national recognized overnight courier or personally delivered upon a party or its authorized representative, all as provided above. 14. ASSIGNMENT. Buyer shall have the right to assign this Option to an entity controlled by Buyer. Any other assignment shall require the written consent of Sellers, which consent shall not be unreasonably withheld or delayed. Sellers may not assign or transfer their interest in the Option without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. Upon such assignment, both the assignee and assignor shall be subject to the terms and conditions of this Option, unless the parties agree otherwise. 6 if) 15. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this Agreement or the Property shall be binding on any of the parties, except as expressly stated herein. This Agreement may not be changed orally, but only by an agreement signed by the parties. 16. HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, irrespective of the domicile of the parties. 18. SURVIVAL. The warranties and representations contained herein shall survive the Closing and delivery of the Deed provided, however, that no action, in law or in equity, alleging breach of the warranties and representations herein shall be commenced more than one year from the date of Closing. 19. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 20. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the terms and conditions of this Option. 21. SAVINGS CLAUSE. If any term or condition of this Agreement is held to be invalid or enforceable, such term or condition shall not be enforced but all other terms and conditions of this Agreement shall be deemed in full force and effect. 22. COUNTERPARTS. This Agreement may be executed In any number of counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute the same instrument. 23. NO RECORDING. Buyer shall not record this Option, or any memorandum thereof, against the Property. 7 i/ 24. SELLERS' LEASING OF PROPERTY DURING OPTION TERM. If Sellers choose to lease the Property during the Option Term, any lease with a tenant shall be in writing and must include the following paragraph: Landlord has entered into an Option Agreement with the City of Centerville (the "City"). The Option Agreement gives the City the right to purchase the Leased Premises. If the City exercises its right to purchase the Leased Premises, then this Lease shall be deemed terminated as of the date of closing on the sale. All such payments to which the Tenant shall be entitled shall be made by the Landlord at the time possession is demanded, but it is expressly understood that the right of the City (andlor Landlord) to possession of the Leased Premises shall not be deferred or delayed beyond the possession date because of any dispute as to the proper amount to be paid by the Landlord to the Tenant. The provisions of this paragraph shall have no application to any Lease termination caused by Tenant's default. IN WITNESS WHEREOF, the parties hereto have executed this document effective the date first set forth above. BUYER: CITY OF CENTERVILLE BY:'--1J7~ {~ Mary pra, ayor Atte~t: ~~ __________ Dal as Larson, City Administrator SELLERS: LGL, LLC 8 it-, EXHIBIT "A" The S1/2 of the SWII4 of the NW1I4 ofSec 24, Twp 31, Rg 22, Except E 330 ft. thereof, Subj to easements of record. 9 f~ AMENDMENT No.1 to OPTION AGREEMENT WHEREAS, LGL, LLC ("Sellers") and CITY OF CENTERVILLE, a Minnesota municipal corporation ("Buyer") entered into an option agreement dated the 15th day of June, 2005, and WHEREAS, the parties wish to extend the Option Term of such agreement. IT IS HEREBY AGREED BY THE PARTIES that the Option Agreement dated June 15,2005 is hereby amended as follows: 1. Option Term is hereby extended from August 15, 2005 to September 15, 2005. 2. If prior to September 15, 2005, Buyer submits application for permits to Rice Creek Watershed District and U.S. Army Corp of Engineers, such Option term is extended to December 31,2005. 3. All other terms of the Option agreement shall remain in force. IN WIlNESS WHEREOF, the parties hereto have executed this document effective the 15th day of August, 2005. BUYER: CITY OF CENTERVILLE By: '-1J;1~ C~ Mary ra, Ma or Attest: J!.~~_. ~.._.... Dallas Larson, Administrator . SELLERS: LGL, LLC i1 AMENDMENT No.2 to OPTION AGREEMENT WHEREAS, LGL, LLC ("Sellers") and CITY OF CENTERVILLE, a Minnesota municipal corporation ("Buyer") entered ihto an option agreement -dated the 15th day of June, 2005, and WHEREAS, Option Amendment No.1, extended such option to December 31, 2005, and WHEREAS, the parties wish to additionally extend the Option Term of such agreement. IT IS HEREBY AGREED BY THE PARTIES that the Option Agreement dated June 15, 2005 is hereby amended as follows: 1. Option Term is hereby extended from December 31, 2005 to February 24, 2006. 2. All other terms of the Option agreement shall remain in force. IN WITNESS WHEREOF, the parties hereto have executed this document effective the 15th day of December, 2005. BUYER: CITY OF CENTERVILLE ~lJl (P By: 'IA.lJfF ~4a Mary C. ra, Ma or Attest: Ju..e.....~ =-- DaI as Larson, Administrator ~~) >> ~;, "1 ~ ~ SELLERS: LGL, LLC i:~}f tr""~ LAND SALE AND PURCHASE AGREEMENT This Agreement is made this day of , 2006 between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a municipal corporation under the laws of the State of Minnesota ("Seller"), and the CITY OF CENTERVILLE, a political subdivision of the State of Minnesota ("Buyer"). SECTION 1 - SALE AND PURCHASE OF THE PROPERTY Seller agrees to sell and convey, and Buyer agrees to purchase, that certain real property located at 1601 LaMotte Drive, City of Centerville County of Anoka, State of Minnesota, consisting of _ acres more or less, which is legally described on Exhibit A (the "Property"), and subject to covenants as more fully described in Section 4. SECTION 2 - PURCHASE PRICE The Purchase Price of the Property shall be the sum of one hundred seventy eight thousand six hundred sixty eight dollars and no cents ($179,000), payable by bank draft or other draft satisfactory to Seller as follows: $10,000, as earnest money, the receipt and sufficiency of which are hereby acknowledged (earnest money to be placed in an interest bearing account); and $169,000, to be paid at Closing; SECTION 3 - CONDITION OF PROPERTY To the maximum extent permitted by law, the Property is being sold and conveyed "as is," and "with all faults," with no warranties, guarantees, promises, agreements, or representations, whether express or implied, by Seller or any person acting or purporting to act on its behalf, as to (i) title, (ii) Seller's interest or estate in the Property, (iii) the existence or nonexistence of other interests in the Property, (iv) the condition of the Property or its suitability for any use or purpose, (v) the value, nature, quality or condition of the Property, including without limitation, the water, soil or geology. SECTION 4 - COVENANTS RUNNING WITH THE LAND 4.01 The sale and conveyance of the Property are subject to the following covenants affecting the present and future use ofthe Property, which covenants are intended and agreed by Seller and Buyer to be binding upon Buyer, and upon any and all successors in interest of whatever kind in the Property: a) Water Ponding, Flowage and Drainage Easement (Exhibit B) b) Public Raw Water Conduit Easement (Exhibit C) H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant Jot_J2-20-05v3.doc l~ 4.02 Buyer agrees that the above covenants shall be recorded with the Property Deed. 4.03 In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. 4.05 In the event Seller abandons its Centerville Lake pumping station (situated adjacent to the Property and disclosed in Section 16.01), Seller agrees it shall, without further compensation, vacate and release the Easements it holds on the Property, as set forth in Exhibits B and C of this Agreement. SECTION 5 - ACCESS TO EASEMENTS All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the easement areas or facilities located therein. Such access shall include access by the Seller and its officers, agents and employees across the Property and retained easement areas at all times. SECTION 6 - CLOSING 6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction ("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided that the Closing shall be no later than April 30, 2006. 6.02 Buyer shall have the right to purchase the Property any time prior to and including April 30, 2006. To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. Unless otherwise extended by the provisions of this Agreement, the Closing shall take place not later than sixty (60) days after the date of said written notice. 6.03 In the event that Seller satisfies all requirements of this Agreement by and Closing does not occur by July 31, 2006, or as otherwise extended by this Agreement, this Agreement shall be null and void at option of Seller; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. H:\Property Purchase-Disposal\Pad: Property\Purchase and Sale of vacant lot _12-20-05v3.doc 2J1 6.04 Closing shall be conducted by a Title Company or other real estate or legal professional that Seller and Buyer mutually agree upon. Seller shall pay the costs of said professional closing service, which shall be deducted from Seller's proceeds at Closing. 6.05 Closing shall be held at the office of said Title Company, or such other location mutually agreed upon by Seller and Buyer. SECTION 7 - POSSESSION 7.01 Possession of the Property shall be given to Buyer on the date of Closing. 7.02 Access to Property prior to Closing. Prior to Closing, Seller shall afford Buyer or Buyer's designees reasonable access to the Property during reasonable hours of the day for the purpose of examining the Property, conducting soil tests and engineering feasibility studies, environmental audits and investigations and planning the proposed development of the Property, provided such activities do not interfere with the activities of Seller on the Property. SECTION 8 - PROPERTY DEED AND OTHER DOCUMENTS Subject to performance of Buyer, Seller agrees to execute and deliver the following at Closing: a. Property Deed. A quitclaim deed in a form reasonably satisfactory to Buyer, which shall quit all interests Seller has in the Property in favor of Buyer. b. CRV. A Certificate of Real Estate Value in the form required by Minn. Stat. ~272.115. c. Well Certification. A well certification to the extent required by Minnesota law. d. Other Documents. All other documents reasonably required of Seller by this Agreement to transfer the Property to Buyer in accordance with this Agreement. e. Easements. Any and all easements and other rights specified in this Agreement shall be conveyed, transferred and assigned to Buyer by appropriate recordable documents and Seller shall execute and deliver with the Property Deed such other documents as may be reasonably required by any governmental entity or by the Title Insurance Company as a condition to the issuance of its policy of title insurance in accordance with Section 9 herein. f. Government transfer taxed and fees. All local, municipal, county, state and federal transfer and conveyance taxes shall be paid by Seller at Closing. Buyer shall pay all recording fees incurred at Closing, including, without limitation mortgage recording fees and mortgage registration tax. SECTION 9- TITLE EVIDENCE AND TITLE EXAMINATION 9.01 Seller's Title Evidence. Seller shall, within sixty (60) days after receiving Buyer's written notice provided for in Section 6.02 herein, furnish the following (collectively the "Title Evidence") to Buyer: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot~ 12-20-05v3.doc 38 a. Property Survey. A survey of the Property prepared by or under the direction of a registered land surveyor. b. Title Commitment. A commitment (''Title Commitment") for an AL T A Form B 1998 Owner's Policy of Title Insurance (accompanied by legible copies of all documents described therein) insuring title to the Property. 9.02 Buyer's Obiections. Within thirty (30) days after receiving the last of the Title Evidence, Buyer will examine the title to the Property and make written objections to the form or contents of the Title Evidence ("Objections"). If Buyer fails to give notice to Seller by such date, Buyer will be deemed to have waived its right to object to any title exceptions or defects shown in the Title Evidence. 9.03 Any matters shown in the Title Evidence not objected to shall be considered to be accepted by Buyer. SECTION 10 - TITLE CORRECTIONS AND REMEDIES 10.01 Seller will use its best efforts to cure or satisfy the Objections within a reasonable time, not to exceed sixty (60) days after Seller's receipt of the Objections, during which period the Closing will be postponed if necessary until ten (10) days after Seller cures or satisfies the Objections. 10.02 Ifa notice of Objections is so made pursuant to Section 9 herein, Seller shall have five (5) days from receipt of the Objections to notify Buyer of Seller's intention to cure said Objections within sixty (60)) days from Seller's receipt Objections. Ifnotice of Objections is given and Seller gives notice it intends in good faith to cure Objections, payment hereunder required shall be postponed pending correction of Objections, but upon correction and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 10.03 If notice of Objections is given but Seller does not give such good faith notice to cure Objections, this Agreement shall be null and void, at option of Buyer; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 10. 04 To the extent any Objections can be satisfied by the payment of money, a portion of the cash payable to Seller at Closing may be applied to the satisfaction of the Objections, if agreeable to Buyer and Seller. In that event, the amount so applied shall reduce the amount of cash payable to Seller at Closing. 10.05 Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and at Closing shall be postponed as follows: a. If notice of Objections is given and Seller cures such Objections, then upon presentation to Buyer of documentation establishing that Objections have been cured, and if not objected to in the same time and manner as the original title Objections, H:\Property Purcbase-Disposal\Park PropertylPurchase and Sale of vacant lot~12-20-05v3.doc 4i'? Closing shall take place within ten (10) business days or on the scheduled date of Closing, whichever is later. b. If notice of Objections is given and Seller proceeds in good faith to cure said Objections, but the 60-day period expires without Objections being cured, Buyer shall have the option to do any of the following: (i) Declare this Agreement null and void by notice to Seller, and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its earnest money payment plus interest accrued. (ii) Waive the Objections and proceed to Closing. SECTION 11- TAXES AND ASSESSMENTS 11.01 Seller shall payor credit against the Purchase Price all real estate taxes, and all installments of special assessments certified for payment with real estate taxes due and payable in the years prior to the year of Closing. 11.02 Real estate taxes and all installments of special assessments certified for payment due and payable in the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the date of Closing. SECTION 12 - RISK OF LOSS The risk of loss, damage or destruction to the Property and any improvements thereon through condemnation, fire or otherwise shall be borne by Seller until the Closing. In the event of a condemnation of all or part of the Property, Buyer shall have the right to terminate this Agreement. SECTION 13 - CONDITIONS TO CLOSING Buyer's obligation to close this transaction is subject to Seller having performed all terms, covenants and obligations required of Seller hereunder. SECTION 14 - BROKER Buyer and Seller represent and warrant that ail brokerage charges incurred, if any, in connection with this transaction shall be paid by the party authorizing such broker to act in its behalf. SECTION 15 - NOTICES Unless otherwise provided herein, ail notices shall be in writing and shall be delivered in person, by third party courier (including overnight courier such as Federal Express) or by certified mail, return receipt requested, postage prepaid, addressed to the party or person to whom notice is to be given at the following addresses: H:\Property Purchase-Disposal\PaJk Property\Purchase and Sale of vacant lot _I 2-20-05v3. doc 59~ To Seller: Board of Water Commissioners of the City of S1. Paul Attn: SPRWS General Manager 1900 Rice S1., Office Building S1. Paul, MN 55113 To Buyer: City ofCenterville Attn: City Administrator 1880 Main St. Centerville, MN 55038 SECTION 16 - REPRESENTATIONS AND WARRANTIES OF SELLER AND BUYER 16.01 Seller's Wananties. Seller represents and warrants to Buyer the following: a. The execution and delivery of this Agreement by Seller and consummation by Seller of the transaction contemplated hereby are within Seller's powers and all requisite action has been taken to make this Agreement valid and binding upon Sellers in accordance with its terms. b. Neither the execution nor the delivery of this Agreement by Seller nor its performance by Seller will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Seller or to the Property, or of any term, condition or any indenture or other contract or agreement to which Seller is a party, or cause a defauh thereunder, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property pursuant to the terms of any such agreement. c. That there are no lawsuits pending affecting the Property or affecting the right of Seller to convey the Property. d. That neither Seller nor any agent or employee of Seller has knowledge of or have received notice of any suits, judgments or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, code, law or regulation which has not been heretofore corrected. e. That Seller makes no representation regarding future real estate taxes or assessments for the Property, except as may be specifically provided in this Agreement. f. That Seller has not, and has no knowledge that anyone else has, used, generated, stored or disposed of above, in, on, under or around the Property any Hazardous Materials, as hereinafter defined, and has no knowledge, of any Hazardous Materials above, in, on, under or around the Property. The term "Hazardous Materials" means any material or substance which is listed in the United States Department of Transportation Hazardous Material Table (49 CFR 172.101) on the date of this Agreement which is kept, used, or disposed of in a manner and in quantities which do not comply with applicable laws and regulations pertaining to said materials or substances. Further, Seller agrees that it will not use, generate, store or dispose of or permit the use, generation, storage or disposal of any Hazardous Materials, as herein H:\Property Purchase-Disposal\Pazk Property\Purchase and Sale of vacant lot_12-20-05v3.doc 69/ described above, in, on, under and/or around the Property now or at any time prior to the date of Closing. g. That to Seller's knowledge, there never has been, and is not now on the Property, any underground storage tanks, wells or septic systems. h. That situated within the Property is a water pipe providing potable water from a well situated in Seller's adjacent pump station property to Seller's adjacent residential property. Said pipe will be cut off in Seller's pump station property and left abandoned in place within the Property prior to Closing. 16.02 Buyer's Warranties. Buyer represents and warrants to Seller as follows: a. The execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction contemplated hereby are within Buyer's powers and all requisite action has been taken to make this Agreement valid and binding upon the accordance with its terms. b. Neither the execution nor delivery of this Agreement by Buyer will contlict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Buyer. c. Buyer shall, at its sole expense, demolish and remove the existing two-story frame structure from the Property within six (6) months of Closing. SECTION 17 - APPROVALS AND ANNEXATION 17.01 Approvals. Buyer agrees to cooperate with Seller in its pursuit of any and all approvals that may be required to close the sale and convey the Property to Buyer. SECTION 18 - REMEDIES 18.01 In the event Buyer fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Buyer under and pursuant to the terms and provisions of this Agreement and such default is not cured within thirty (30) days after written notice (other than Buyer's failure to tender the Purchase Price on the date of Closing, a default for which no notice is required), then Seller may (i) terminate this Agreement or (ii) seek an action for specific performance against Buyer to enforce the provisions of this Agreement. 18.02 The failure of either party to act upon a default of the other in any ofthe terms, conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent breach or default under the terms, conditions or obligations hereof by such defaulting party. 18.03 In the event Seller fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Seller under and pursuant to the terms and provisions of this Agreement, and such default is not cured within thirty (30) H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 7 9~ days after written notice, Buyer may either (i) terminate this Agreement or (ii) seek an action for specific performance against Seller to enforce the provisions of this Agreement. SECTION 19 - MISCELLANEOUS 19.01 This Agreement shall be binding upon and inure to the benefit of and bind the parties hereto, their respective heirs, executors administrators, personal and/or legal representatives, successors and assigns. 19.02 All covenants, warranties, representations and agreements of Seller and Buyer contained in this Agreement or in any document executed by either party pursuant to this Agreement shall survive the execution and delivery of the Property Deed. 19.03 This Agreement constitutes the entire agreement between the parties and there are no representations, oral or written, relating to the Property or to this transaction which have not been incorporated herein. Any agreement hereafter made shall be ineffective to change, modify or discharge this Agreement in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of any change, modification or discharge is sought. 19.04 The headings of Sections hereof have been inserted for convenience only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 19.05 If two or more persons constitute the Sellers, "Seller" shall be construed as if it reads "Sellers" throughout this Agreement. 19.06 If two or more persons constitute the Buyers, "Buyer" shall be construed as if it reads Buyers" throughout this Agreement. 19.07 This Agreement may be executed in multiple counterparts, each of which shall be considered to be an original document. 19.08 Time is of the essence. Whenever any time period is to be computed hereunder, the day from which the period shall run is not to be included in any period ending on a Saturday, Sunday or legal holiday and will be extended to the next business day. 19.09 Seller and Buyer will pay their own attorney's fees. 19.10 Exhibits A through D listed below are attached hereto and incorporated herein, and are a part thereof as though fully set forth in the body of this Agreement: EXIDBIT A LEGAL DESCRIPTION OF PROPERTY EXIDBIT B WATER PONDING, FLOW ~GE AND DRAINAGE EASEMENT EXIDBIT C PUBLIC RAW WATER CONDUIT EASEMENT [Remainder of page left intentionally blank.] H:\Property Purchase-Disposal\P1Uk Property\Purchase and Sale of vacant lot_I2.20-05v3.doc 893 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below. ON BEHALF OF SELLER: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL By: Patrick Harris, President Approved: Date: By: Stephen P. Schneider, General Manager Saint Paul Regional Water Services By: Janet Lindgren, Secretary Date: Approved as to form: By: Lisa Veith, Assistant City Attorney By: Matthew G. Smith, Director Office of Financial Services Date: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 991 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Description of Property. Half-size survey will be included] H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 1l9~ EXlDBIT B WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT Seller reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage Easement over, under and across the following described portion of the Property ("Ponding Easement Property") for the storage, holding, drainage and flowage of water to be released by Seller at any time and in such quantities as Seller may in its sole discretion determine from time to time: [Description of easement, proposed to be approximately twenty (20) feet from shoreline to Low Water Level, and to be as provided by Property Survey.] This retained easement is for benefit of Seller in its lawful management ofCenterville Lake water levels. Neither the Buyer, nor any other person, shall use or schedule the use of the Property for any purpose inconsistent with the release of water onto the Ponding Easement Property. The foregoing restrictions and rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants, and also the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by Seller's release of water onto the Ponding Easement Property, or arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] H:\Property Purchase-Disposa1\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 1291 Exhibit C is not final. EXHIBIT C PUBLIC RAW WATER CONDUIT EASEMENT Seller reserves and retains a thirty (30) foot wide perpetual, restrictive, public utility easement on, over, under and across the following described portion of the Property ("Conduit Easement Property"), for the purpose of future construction, reconstruction, inspection, operation, maintenance or repair of its water facilities: [Description of 30-foot wide easement centered on raw water conduit] Buyer covenants with Seller that it understands and agrees to the following: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to water fucilities for the above stated purposes will be permitted within the Conduit Easement Property. b. Improvements in or upon the Conduit Easement Property that do not prohibit Seller from exercising its reserved rights may be allowed by obtaining prior written permission from Saint Paul Regional Water Services General Manager, with the understanding that the restoration and costs of such improvements shall be the sole responsibility of Buyer, its successors and assigns, in the event the Seller exercises its reserved rights. c. Should it be necessary that Buyer's works or improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by Buyer. d. No change from the existing grade within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. e. No change in surfacing within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. f Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Seller, its officers, agents, employees, and servants, and the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in the raw water conduit situated within the Conduit Easement Property, arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. H:\Property Purchase-Disposal\Park Property\Purchase and Sale ofvacant lot_12-20-05v3.doc 13 9r The foregoing rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] H:\Property Purchase-Disposa1\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 14 P'i ]) 'Qt~ OPTION AGREEMENT THIS OPTION AGREEMENT (the "Agreement") is made and entered into this_ day of , 2006, by and between St. Paul Regional Water Service ("Seller") and CITY OF CENTERVILLE, a Minnesota municipal corporation ("Buyer"). RECITALS A. Seller is the fee owner of certain real property located in the City of Centerville, Anoka County, State of Minnesota with PID No. , such real property legally described on Exhibit "A" attached hereto, together with all hereditaments and appurtenances, and all easements, rights and other privileges benefiting the real property (collectively, the "Property"). B. Buyer wishes to secure an option to purchase the Property and Seller is willing to grant such an option upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the Option Payment, as defined below, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are incorporated herein. 2. GRANT OF OPTION. Seller hereby grants to Buyer the exclusive and irrevocable option ("Option") to purchase the Property, subject to and in accordance with the terms and conditions set forth in this Agreement. 3. OPTION PAYMENT. As consideration for the Option granted herein, Buyer has paid to Seller the non-refundable sum often thousand dollars ($ 10,000.00) and other good and valuable consideration (the "Option Payment"), receipt of which is acknowledged by Seller. 4. RESTRICTION ON TRANSFER. Seller agrees that, during the Option Term, the Seller will not sell, lease, mortgage, convey or otherwise encumber the Property or any part /11 thereof. Seller shall not renew or extend any lease of all or part of the Property without Buyer's prior written consent. 5. OPTION TERM. The term of the Option shall commence on the date first above written, and shall terminate at 5:00 p.m. Central Standard Time (CST) 180 days after that date (the "Option Term"). It is understood that Buyer has applied for a grant to assist with the purchase of the Property. In the event that applicant is successful in receiving approval of such grant within Option Term, Buyer shall have the right to extend the Option Term for an additional 180 days without further option payment. 6. EXERCISE OF OPTION/TERMS OF SALE. Buyer shall give written notice to Seller of its exercise of the Option before the Option Term expires. In the event of exercise of the Option by Buyer, Buyer and Seller agree to be bound by the terms and conditions for the sale of the Property, as set out in the attached Purchase Agreement. If this Option is exercised, the Closing on the sale of the Property ("Closing") shall be held on or before 180 days from the date of exercise of the Option. 7. FAILURE TO EXERCISE OPTION. If Buyer fails to give written notice of exercise of the Option before the Option Term expires, this Option shall automatically terminate, Buyer shall have no rights herein and Seller shall retain the Option Payment. 8. INSPECTION OF THE PROPERTY. During the Option Term, Buyer and Buyer's agents shall be entitled to enter upon the Property to perform soil tests, environmental tests, and such other inspections, tests and studies as Buyer deems necessary, all at Buyer's sole cost and expense. Buyer shall, prior to expiration of the Option Term, restore the Property to the condition as it exists as of the date hereof and indemnify, defend and hold Seller harmless from any and all claims, of whatever nature, arising out of or relating to any act or omission of Buyer 2 I~I or Buyer's agents on the Property. Buyer shall not permit any mechanic's liens to be filed against the Property, and shall immediately discharge or obtain releases of any such mechanic's liens. Buyer shall not be liable for any existing conditions on the Property, provided the Property is restored to the condition as it exists on the date hereof. 9. REPRESENTATIONS BY SELLER. Seller represents and warrants to Buyer as follows: a. Ownership. Seller is the sole owner of, and has fee simple title to, the Property. b. Authority. Seller has the requisite power and authority to enter into and perform its obligations under this Option. This Option shall be deemed a valid and binding obligation of Seller, enforceable according to its terms and conditions. 10. NOTICE. Any notice required or permitted under this Agreement shall be deemed given if delivered by personal delivery upon a party or its authorized representative; or if deposited in the United States mail, postage pre-paid and sent certified mail, return receipt requested; or if deposited with a nationally recognized overnight courier, with costs pre-paid. Notices shall be addressed as follows: To Seller: Board of Water Commissioners of the City ofSt. Paul Attn: SPRWS General Manager 1900 Rice St., Office Building St. Paul, MN 55113 To Buyer: City of Centerville Attn: City Administrator 1880 Main St. Centerville, MN 55038 Any party or its representative may change its address by giving written notice of such change, in the same manner as provided above, and said notice shall be effective ten (10) days from the date notice is given. For the purposes of this Agreement, notice shall be deemed given on the date notice is deposited in the United States mail, deposited with a national recognized overnight 3 /~~ courier or personally delivered upon a party or its authorized representative, all as provided above. 11. ASSIGNMENT. Buyer shall have the right to assign this Option to an entity controlled by Buyer. Any other assignment shall require the written consent of Seller, which consent shall not be unreasonably withheld or delayed. Seller may not assign or transfer his interest in the Option without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. Upon such assignment, both the assignee and assignor shall be subject to the terms and conditions of this Option, unless the parties agree otherwise. 12. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this Agreement or the Property shall be binding on any of the parties, except as expressly stated herein. This Agreement may not be changed orally, but only by an agreement signed by the parties. 13. HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, irrespective of the domicile of the parties. 15. SURVIVAL. The warranties and representations contained herein shall survive the Closing and delivery of the Deed provided, however, that no action, in law or in equity, alleging breach of the warranties and representations herein shall be commenced more than one year from the date of Closing. 16. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4 1'4 17. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the terms and conditions of this Option. 18. SAVINGS CLAUSE. If any term or condition of this Agreement is held to be invalid or enforceable, such term or condition shall not be enforced but all other terms and conditions of this Agreement shall be deemed in full force and effect. 19. COUNTERPARTS. This Agreement may be executed III any number of counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute the same instrument. 20. NO RECORDING. Buyer shall not record this Option, or any memorandum thereof, against the Property. IN WITNESS WHEREOF, the parties hereto have executed this document effective the date first set forth above. BUYER: CITY OF CENTERVILLE By: Mary Capra, Mayor And: Dallas Larson, City Administrator SELLER: 5 /W 1) "G.r~ - LAND SALE AND PURCHASE AGREEMffiNT This Agreement is made this day of , 2006 between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a municipal corporation under the laws of the State of Minnesota ("Seller"), and the CITY OF CENTERVILLE, a political subdivision of the State of Minnesota ("Buyer"). SECTION 1 - SALE AND PURCHASE OF THE PROPERTY Seller agrees to sell and convey, and Buyer agrees to purchase, that certain real property located at 1601 LaMotte Drive, City of Centerville County of Anoka, State of Minnesota, consisting of _ acres more or less, wl1ich is legally described on Exhibit A (the "Property"), and subject to covenants as more fully described in Section 4. SECTION 2 - PURCHASE PRICE The Purchase Price of the Property shall be the sum of three hundred fifty seven thousand three hundred thirty two dollars and no cents ($357,000), payable by bank draft or other draft satisfactory to Seller as follows: $10,000, as earnest money, (previously paid with option agreement) the receipt and sufficiency of which are hereby acknowledged (earnest money to be placed in an interest bearing account); and $168,500, plus interest in the amount of six percent (6%) per annum on the total unpaid balance, to be paid not later than April 1, 2007. $178,500, plus interest in the amount of six percent (6%) per annum on the total unpaid balance, to be paid not later than April 1, 2008 SECTION 3 - CONDITION OF PROPERTY To the maximum extent permitted by law, the Property is being sold and conveyed "as is," and "with all faults," with no warranties, guarantees, promises, agreements, or representations, whether express or implied, by Seller or any person acting or purporting to act on its behalf, as to (i) title, (ii) Seller's interest or estate in the Property, (iii) the existence or nonexistence of other interests in the Property, (iv) the condition of the Property or its suitability for any use or purpose, (v) the value, nature, quality or condition of the Property, including without limitation, the water, soil or geology. SECTION 4 - COVENANTS RUNNING WITH THE LAND 4.01 The sale and conveyance of the Property are subject to the following covenants affecting the present and future use of the Property, which covenants are intended and agreed by Seller and Buyer to be binding upon Buyer, and upon any and all successors in interest of whatever kind in the Property: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_Parcel 2-vl.doc I 1-5" a) Water Ponding, Flowage and Drainage Easement (Exhibit B) b) Public Raw Water Conduit Easement (Exhibit C) 4.02 Buyer agrees that the above covenants shall be recorded with the Property Deed. 4.03 In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific 'performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. 4.05 In the event Seller abandons its Centerville Lake pumping station (situated adjacent to the Property and disclosed in Section 16.01), Seller agrees it shall, without further compensation, vacate and release the Easements it holds on the Property, as set forth in Exhibits Band C of this Agreement. SECTION 5 - ACCESS TO EASEMENTS All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the easement areas or facilities located therein. Such access shall include access by the Seller and its officers, agents and employees across the Property and retained easement areas at all times. SECTION 6 - CLOSING 6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction ("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided that the Closing shall be no later than 6.02 Buyer shall have the right to purchase the Property any time prior to and including . To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. Unless otherwise extended by the provisions of this Agreement, the Closing shall take place not later than sixty (60) days after the date of said written notice. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-v1.doc 21M 6.03 In the event that Seller satisfies all requirements of this Agreement by and Closing does not occur by , or as otherwise extended by this Agreement, this Agreement shall be null and void at option of Seller; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 6.04 Closing shall be conducted by a Title Company or other real estate or legal professional that Seller and Buyer mutually agree upon. Seller shall pay the costs of said professional closing service, which shall be deducted from Seller's proceeds at Closing. 6.05 Closing shall be held at the office of said Title Company, or such other location mutually agreed upon by Seller and Buyer. SECTION 7 - POSSESSION 7.01 Possession of the Property shall be given to Buyer on the date of Closing. 7.02 Access to Property prior to Closing. Prior to Closing, Seller shall afford Buyer or Buyer's designees reasonable access to the Property during reasonable hours of the day for the purpose of examining the Property, conducting soil tests and engineering feasibility studies, environmental audits and investigations and planning the proposed development of the Property, provided such activities do not interfere with the activities of Seller on the Property. SECTION 8 - PROPERTY DEED AND OTHER DOCUMENTS Subject to performance of Buyer, Seller agrees to execute and deliver the following at Closing: a. Property Deed. A quitclaim deed in a form reasonably satisfactory to Buyer, which shall quit all interests Seller has in the Property in favor of Buyer. b. CRV. A Certificate of Real Estate Value in the form required by Minn. Stat. ~272.115. c. Well Certification. A well certification to the extent required by Minnesota law. d. Other Documents. All other documents reasonably required of Seller by this Agreement to transfer the Property to Buyer in accordance with this Agreement. e. Easements. Any and all easements and other rights specified in this Agreement shall be conveyed, transferred and assigned to Buyer by appropriate recordable documents and Seller shall execute and deliver with the Property Deed such other documents as may be reasonably required by any governmental entity or by the Title Insurance Company as a condition to the issuance of its policy of title insurance in accordance with Section 9 herein. f. Government transfer taxed and fees. All local, municipal, county, state and federal transfer and conveyance taxes shall be paid by Seller at Closing. Buyer shall pay all H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-vl.doc 3/ '/ recording fees incurred at Closing, including, without limitation mortgage recording fees and mortgage registration tax. SECTION 9- TITLE EVIDENCE AND TITLE EXAMINATION 9.01 Seller's Title Evidence. Seller shall, within sixty (60) days after receiving Buyer's written notice provided for in Section 6.02 herein, furnish the following (collectively the "Title Evidence") to Buyer: a. Property Survey. A survey of the Property prepared by or under the direction of a registered land surveyor. b. Title Commitment. A commitment ("Title Commitment") for an ALTA Form B 1998 Owner's Policy of Title Insurance (accompanied by legible copies of all documents described therein) insuring title to the Property. 9.02 Buyer's Objections. Within thirty (30) days after receiving the last of the Title Evidence, Buyer will examine the title to the Property and make written objections to the form or contents of the Title Evidence ("Objections"). If Buyer fails to give notice to Seller by such date, Buyer will be deemed to have waived its right to object to any title exceptions or defects shown in the Title Evidence. 9.03 Any matters shown in the Title Evidence not objected to shall be considered to be accepted by Buyer. SECTION 10 - TITLE CORRECTIONS AND REMEDIES 10.01 Seller will use its best efforts to cure or satisfy the Objections within a reasonable time, not to exceed sixty (60) days after Seller's receipt of the Objections, during which period the Closing will be postponed if necessary until ten (10) days after Seller cures or satisfies the Objections. 10.02 If a notice of Objections is so made pursuant to Section 9 herein, Seller shall have five (5) days from receipt of the Objections to notify Buyer of Seller's intention to cure said Objections within sixty (60) ) days from Seller's receipt Objections. If notice of Objections is given and Seller gives notice it intends in good faith to cure Objections, payment hereunder required shall be postponed pending correction of Objections, but upon correction and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 10.03 If notice of Objections is given but Seller does not give such good faith notice to cure Objections, this Agreement shall be null and void, at option of Buyer; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 10.04 To the extent any Objections can be satisfied by the payment of money, a portion of the cash payable to Seller at Closing may be applied to the satisfaction of the Objections, if H:IProperty Purchase-DisposallPark PropertyIPurchase and Sale of vacant lot_Parcel 2-vl.doc 4/~' agreeable to Buyer and Seller. In that event, the amount so applied shall reduce the amount of cash payable to Seller at Closing. 10.05 Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and at Closing shall be postponed as follows: a. If notice of Objections is given and Seller cures such Objections, then upon presentation to Buyer of documentation establishing that Objections have been cured, and if not objected to in the same time and manner as the original title Objections, Closing shall take place within ten (10) business days or on the scheduled date of Closing, whichever is later. b. If notice of Objections is given and .Seller proceeds in good faith to cure said Objections, but the 60-day period expires without Objections being cured, Buyer shall have the option to do any ofthe following: (i) Declare this Agreement null and void by notice to Seller, and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its earnest money payment plus interest accrued. (ii) Waive the Objections and proceed to Closing. SECTION 11 - TAXES AND ASSESSMENTS 11.01 Seller shall payor credit against the Purchase Price all real estate taxes, and all installments of special assessments certified for payment with real estate taxes due and payable in the years prior to the year of Closing. 11.02 Real estate taxes and all installments of special assessments certified for payment due and payable in the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the date of Closing. SECTION 12 - RISK OF LOSS The risk of loss, damage or destruction to the Property and any improvements thereon through condemnation, fire or otherwise shall be borne by Seller until the Closing. In the event of a condemnation of all or part of the Property, Buyer shall have the right to terminate this Agreement. SECTION 13 - CONDITIONS TO CLOSING Buyer's obligation to close this transaction is subject to Seller having performed all terms, covenants and obligations required of Seller hereunder. SECTION 14 - BROKER H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant loCParcel 2-v1.doc 5 /" if Buyer and Seller represent and warrant that all brokerage charges incurred, if any, in connection with this transaction shall be paid by the party authorizing such broker to act in its behalf. SECTION 15 - NOTICES Unless otherwise provided herein, all notices shall be in writing and shall be delivered in person, by third party courier (including overnight courier such as Federal Express) or by certified mail, return receipt requested, postage prepaid, addressed to the party or person to whom notice is to be given at the following addresses: To Seller: Board of Water Commissioners of the City of St. Paul Attn: SPR WS General Manager 1900 Rice St., Office Building, St. Paul, MN 55113 To Buyer: City of Centerville Attn: City Administrator 1880 Main St. Centerville, MN 55038 SECTION 16 - REPRESENTATIONS AND WARRANTIES OF SELLER AND BUYER 16.01 Seller's Warranties. Seller represents and warrants to Buyer the following: a. The execution and delivery of this Agreement by Seller and consummation by Seller of the transaction contemplated hereby are within Seller's powers and all requisite action has been taken to make this Agreement valid and binding upon Sellers in accordance with its terms. b. Neither the execution nor the delivery of this Agreement by Seller nor its performance by Seller will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Seller or to the Property, or of any term, condition or any indenture or other contract or agreement to which Seller is a party, or cause a default thereunder, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property pursuant to the terms of any such agreement. c. That there are no lawsuits pending affecting the Property or affecting the right of Seller to convey the Property. d. That neither Seller nor any agent or employee of Seller has knowledge of or have received notice of any suits, judgments or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, code, law or regulation which has not been heretofore corrected. e. That Seller makes no representation regarding future real estate taxes or assessments for the Property, except as may be specifically provided in this Agreement. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-v1.doc 611~l f. That Seller has not, and has no knowledge that anyone else has, used, generated, stored or disposed of above, in, on, under or around the Property any Hazardous Materials, as hereinafter defined, and has no knowledge, of any Hazardous Materials above, in, on, under or around the Property. The term "Hazardous Materials" means any material or substance which is listed in the United States Department of Transportation Hazardous Material Table (49 CFR 172.101) on the date of this Agreement which is kept, used, or disposed of in a manner and in quantities which do not comply with applicable laws and regulations pertaining to said materials or substances. Further, Seller agrees that it will not use, generate, store or dispose of or permit the use, generation, storage or disposal of any Hazardous Materials, as herein described above, in, on, under and/or around the Property now or at any time prior to the date of Closing. , , . . g. That to Seller's knowledge, there never has been, and is not now on the Property, any underground storage tanks, wells or septic systems. h. That situated within the Property is a water pipe providing potable water from a well situated in Seller's adjacent pump station property to Seller's adjacent residential property. Said pipe will be cut off in Seller's pump station property and left abandoned in place within the Property prior to Closing. 16.02 Buyer's Warranties. Buyer represents and warrants to Seller as follows: a. The execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction contemplated hereby are within Buyer's powers and all requisite action has been taken to make this Agreement valid and binding upon the accordance with its terms. b. Neither the execution nor delivery of this Agreement by Buyer will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Buyer. SECTION 17 - APPROVALS AND ANNEXATION 17.01 Approvals. Buyer agrees to cooperate with Seller in its pursuit of any and all approvals that may be required to close the sale and convey the Property to Buyer. SECTION 18 - REMEDIES 18.01 In the event Buyer fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Buyer under and pursuant to the terms and provisions of this Agreement and such default is not cured within thirty (30) days after written notice (other than Buyer's failure to tender the Purchase Price on the date of Closing, a default for which no notice is required), then Seller may (i) terminate this Agreement or (ii) seek an action for specific performance against Buyer to enforce the provisions of this Agreement. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-vI ,doc 7111 18.02 The failure of either party to act upon a default of the other in any of the terms, conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent breach or default under the terms, conditions or obligations hereof by such defaulting party. 18.03 In the event Seller fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Seller under and pursuant to the terms and provisions of this Agreement, and such default is not cured within thirty (30) days after written notice, Buyer may either (i) terminate this Agreement or (ii) seek an action for specific performance against Seller to enforce the provisions of this Agreement. SECTION 19 - MISCELLANEOUS 19.01 This Agreement shall be binding upon and inure to the benefit of and bind the parties hereto, their respective heirs, executors . administrators, personal' and/or legal representatives, successors and assigns. 19.02 All covenants, warranties, representations and agreements of Seller and Buyer contained in this Agreement or in any document executed by either party pursuant to this Agreement shall survive the execution and delivery of the Property Deed. 19.03 This Agreement constitutes the entire agreement between the parties and there are no representations, oral or written, relating to the Property or to this transaction which havt! not been incorporated herein. Any agreement hereafter made shall be ineffective to change, modify or discharge this Agreement in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of any change, modification or discharge is sought. 19.04 The headings of Sections hereof have been inserted for convenience only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 19.05 If two or more persons constitute the Sellers, "Seller" shall be construed as if it reads "Sellers" throughout this Agreement. 19.06 If two or more persons constitute the Buyers, "Buyer" shall be construed as if it reads Buyers" throughout this Agreement. 19.07 This Agreement may be executed in multiple counterparts, each of which shall be considered to be an original document. 19.08 Time is of the essence. Whenever any time period is to be computed hereunder, the day from which the period shall run is not to be included in any period ending on a Saturday, Sunday or legal holiday and will be extended to the next business day. 19.09 Seller and Buyer will pay their own attorney's fees. 19.10 Exhibits A through D listed below are attached hereto and incorporated herein, and are a part thereof as though fully set forth in the body of this Agreement: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_Parce12-vl.doc 8// EXHIBIT A EXHIBIT B EXHIBIT C LEGAL DESCRIPTION OF PROPERTY WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT PUBLIC RAW WATER CONDUIT EASEMENT [Remainder of page left intentionally blank.] H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-vl.doc 911,-, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below. ON BEHALF OF SELLER: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL By: Patrick Harris, President Approved: Date: By: Stephen P. Schneider, General Manager Saint Paul Regional Water Services By: Janet Lindgren, Secretary Date: Approved as to form: By: Lisa Veith, Assistant City Attorney By: Matthew G. Smith, Director Office of Financial Services Date: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot]arceI2-vl.doc 10/11/ ON BEHALF OF BUYER: CITY OF CENTERVILLE, MINNESOTA By: [Name], Mayor Date: Approved as to form: By: [Name], City Attorney By: [Name], City Clerk Date: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant Jot]arcel 2-vl.doc IlIIS' EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Description of Property. Half-size survey will be included] H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-vl.doc 12//6 EXHIBIT B WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT Seller reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage Easement over, under and across the following described portion of the Property ("Ponding Easement Property") for the storage, holding, drainage and flowage of water to be released by Seller at any time and in such quantities as Seller may in its sole discretion determine from time to time: , . . . , . , . [Description of easement, proposed to be approximately twenty (20) feet from shoreline to Low Water Level, and to be as provided by Property Survey.] This retained easement is for benefit of Seller in its lawful management of Centerville Lake water levels. Neither the Buyer, nor any other person, shall use or schedule the use of the Property for any purpose inconsistent with the release of water onto the Ponding Easement Property. The foregoing restrictions and rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants, and also the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by Seller's release of water onto the Ponding Easement Property, or arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain inj unctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_ParceI2-vl.doc 13 II? Exhibit C is not final. EXHIBIT C PUBLIC RAW WATER CONDUIT EASEMENT Seller reserves and retains a thirty (30) foot wide perpetual, restrictive, public utility easement on, over, under and across the following described portion of the Property ("Conduit Easement Property"), for the purpose of future construction, reconstruction, inspection, operation, maintenance or repair of its water facilities: . . . [Description of 30- foot wide easement centered on raw water conduit] Buyer covenants with Seller that it understands and agrees to the following: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to water facilities for the above stated purposes will be permitted within the Conduit Easement Property. b. Improvements in or upon the Conduit Easement Property that do not prohibit Seller from exercising its reserved rights may be allowed by obtaining prior written permission from Saint Paul Regional Water Services General Manager, with the understanding that the restoration and costs of such improvements shall be the sole responsibility of Buyer, its successors and assigns, in the event the Seller exercises its reserved rights. c. Should it be necessary that Buyer's works or improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by Buyer. d. No change from the existing grade within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. e. No change in surfacing within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. f. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Seller, its officers, agents, employees, and servants, and the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in the raw water conduit situated within the Conduit Easement Property, arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_Parcel 2-v I. doc 141/ The foregoing rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereofat any later time or times. . In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_Parcel 2-vl .doc 15//9 OPTION AGREEMENT D'ff\. C~ ---- THIS OPTION AGREEMENT (the "Agreement") is made and entered into this_ day of ,2006, by and between CITY OF CENTERVILLE ("Seller") and St. Paul Regional Water Service, ("Buyer"). RECITALS A. Seller is the fee owner of certain real property located in Anoka County, State of Minnesota with PID Nos. , such real property legally described on Exhibit "A" attached hereto, together with all hereditaments and appurtenances, and all easements, rights and other privileges benefiting the real property (collectively, the "Property"). B. Buyer wishes to secure an option to purchase the Property and Seller is willing to grant such an option upon the terms and conditions as hereinafter set forth. C. Seller has been granted an option to purchase certain lands from Buyer in a separate agreement, attached Exhibit B, (Option Transaction #1) NOW, THEREFORE, in consideration of the Option Payment, as defined below, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are incorporated herein. 2. GRANT OF OPTION. Seller hereby grants to Buyer the exclusive and irrevocable option ("Option") to purchase the Property, subject to and in accordance with the terms and conditions set forth in this Agreement. 3. OPTION PAYMENT. As consideration for the Option granted herein, Buyer has paid to Seller the non-refundable sum of one dollar ($1.00) and other good and valuable consideration (the "Option Payment"), receipt of which is acknowledged by Seller. I~ 4. RESTRICTION ON TRANSFER. Seller agrees that, during the Option Term, the Seller will not sell, lease, mortgage, conveyor otherwise encumber the Property or any part thereof. Seller shall not renew or extend any lease of all or part of the Property without Buyer's prior written consent. 5. OPTION TERM. The term of the Option shall run concurrent with Option Transaction #1 and for 30 days thereafter. 6. EXERCISE OF OPTION/TERMS OF SALE. If and only under the condition that Seller does not exercise its option to purchase lands under Option Transaction # 1, Buyer may exercise its rights to purchase lands pursuant to this agreement. Buyer shall give written notice to Seller of its exercise of the Option before the Option Term expires. In the event of exercise of the Option by Buyer, Seller agrees to execute and deliver to Buyer within 30 days, a quit claim deed for the Property. The purchase price shall be $100,000. 7. FAILURE TO EXERCISE OPTION. If Buyer fails to give written notice of exercise of the Option before the Option Term expires, this Option shall automatically terminate, Buyer shall have no rights herein and Seller shall retain the Option Payment. 8. INSPECTION OF THE PROPERTY. During the Option Term, Buyer and Buyer's agents shall be entitled to enter upon the Property to perform soil tests, environmental tests, and such other inspections, tests and studies as Buyer deems necessary, all at Buyer's sole cost and expense. Buyer shall, prior to expiration ofthe Option Term, restore the Property to the condition as it exists as of the date hereof and indemnify, defend and hold Seller harmless from any and all claims, of whatever nature, arising out of or relating to any act or omission of Buyer or Buyer's agents on the Property. Buyer shall not permit any mechanic's liens to be filed against the Property, and shall immediately discharge or obtain releases of any such mechanic's 2 I~ liens. Buyer shall not be liable for any existing conditions on the Property, provided the Property is restored to the condition as it exists on the date hereof. 9. REPRESENTATIONS BY SELLER. Seller represents and warrants to Buyer as follows: a. Ownership. Seller is the sole owner of, and has fee simple title to, the Property. b. Authority. Seller has the requisite power and authority to enter into and perform its obligations under this Option. This Option shall be deemed a valid and binding obligation of Seller, enforceable according to its terms and conditions. 10. NOTICE. Any notice required or permitted under this Agreement shall be deemed given if delivered by personal delivery upon a party or its authorized representative; or if deposited in the United States mail, postage pre-paid and sent certified mail, return receipt requested; or if deposited with a nationally recognized overnight courier, with costs pre-paid. Notices shall be addressed as follows: To Seller: City of Centerville Attn: City Administrator 1880 Main St. Centerville, MN 55038 To Buyer: Board of Water Commissioners of the City of St. Paul Attn: SPRWS General Manager 1900 Rice St., Office Building St. Paul, MN 55113 Any party or its representative may change its address by giving written notice of such change, in the same manner as provided above, and said notice shall be effective ten (10) days from the date notice is given. For the purposes of this Agreement, notice shall be deemed given on the date notice is deposited in the United States mail, deposited with a national recognized overnight courier or personally delivered upon a party or its authorized representative, all as provided above. 3 ItL 11. ASSIGNMENT. Buyer shall have the right to assign this Option to an entity controlled by Buyer. Any other assignment shall require the written consent of Seller, which consent shall not be unreasonably withheld or delayed. Seller may not assign or transfer his interest in the Option without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. Upon such assignment, both the assignee and assignor shall be subject to the terms and conditions of this Option, unless the parties agree otherwise. 12. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this Agreement or the Property shall be binding on any of the parties, except as expressly stated herein. This Agreement may not be changed orally, but only by an agreement signed by the parties. 13. HEADINGS. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 14. GOVERNING LA W. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, irrespective of the domicile of the parties. 15. SURVIVAL. The warranties and representations contained herein shall survive the Closing and delivery of the Deed provided, however, that no action, in law or in equity, alleging breach of the warranties and representations herein shall be commenced more than one year from the date of Closing. 16. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 17. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the terms and conditions of this Option. 4 /14 18. SAVINGS CLAUSE. If any term or condition of this Agreement is held to be invalid or enforceable, such term or condition shall not be enforced but all other terms and conditions of this Agreement shall be deemed in full force and effect. 19. COUNTERPARTS. This Agreement may be executed III any number of counterparts, each of which shall be deemed to be an original but all of which, taken together, shall constitute the same instrument. 20. NO RECORDING. Buyer shall not record this Option, or any memorandum thereof, against the Property. IN WITNESS WHEREOF, the parties hereto have executed this document effective the date first set forth above. BUYER: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL By: Patrick Harris, President Approved: Date: By: Stephen P. Schneider, General Manager Saint Paul Regional Water Services By: Janet Lindgren, Secretary Date: Approved as to form: By: Lisa Veith, Assistant City Attorney By: Matthew G. Smith, Director Office of Financial Services Date: ............................................................................... SELLER: By: Mary Capra, Mayor 5 If Attest: Teresa Bender, City Clerk 6 ILr' ON BEHALF OF BUYER: CITY OF CENTERVILLE, MINNESOTA By: [Name], Mayor Date: Approved as to form: By: [Name], City Attorney By: [Name], City Clerk Date: H:\Property Purchase-Disposal\Park Property\Purchase and Sale of vacant lot_12-20-05v3.doc 10 fir lJJ Bonestroo -=- Rosene 'W\lI Anderl;k & 1 \J 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com February 8, 2006 Dallas Larson City of Centerville 1880 Main Street Centerville, MN 55038-9794 Re: 100,000 Gallon Tower BRAA File 616-06-000 Dear Dallas, As requested, we are providing an engineering cost proposal to prepare plans and specifications for demolition and disposal of the Tracie McBride Memorial Park Water Tower. The tasks associated with this include: 1. Gather existing documentation 2. Visit site, take pictures, take measurements 3. Prepare specifications and plan 4. Send information to select contractors for quoting 5. Review quotes, make recommendation to City 6. Meet on-site with the low bid contractor to discuss project specifics 7. Inspection during construction, as required 8. Close-out Tom Peterson, Project Manager Mark Rolfs, Project Engineer Project Technician 6 hrs @ $125.001hr 32 hrs @ $1 25.001hr 20 hrs @ $50.501hr. Total - $750 = $4,000 = $1.010 $5,760 Yours very truly, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. ihw,f0 wPA~ Thomas W. Peterson TWP:crw St. Paul, St. Cloud, Rochester, MN . Milwaukee, WI . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned tervi[[e 'L~-ta.bllSfil!l{ 18S7 1880 'Main Street, Centerviffe, 'M'N 55038 651-429-3232 or P<4- 651-429-8629 February 14, 2006 Memo to: SPRWS Board of Directors Thank you for giving us the opportunity to present you with an alternative purchase arrangement that would allow Centerville to make one last attempt to secure grant funds to assist with the purchase of the parcel ofland adjoining your pumping station on Centerville Lake. Centerville wishes to purchase the entire property, but we cannot be bound to the entire purchase at this time and still be eligible for grant funds. Prior to this discussion, we were set to execute the purchase agreement for the entire property at a cost of $536,000 with payments broken down to one third at closing, a third payment after one year and the remaining third after two years. The second payment would likely have been programmed for about March of2007, and final payment in March of 2008. We propose that the City and SPRWS enter into a purchase agreement as soon as possible to complete the purchase of approximately one-third of the property at the cost of$178,668. Secondly, we would execute a purchase option on the remaining portion with a price of$357,332. We would pay $10,000 for the option which would be applied to the purchase price if the option is exercised. The option term would be for six months, but would allow a six month extension if we are funded by DNR grants. Ifno grant were approved, the option would allow the City to enter into a purchase agreement to buy the remaining portion at a price of$357,332 to be paid in two installments roughly corresponding in amount and timing, to the two remaining payments for 2007 and 2008 that we had originally programmed in the first purchase plan. To show our good faith, we would execute a buy-back option to SPRWS on the first parcel at a price of $100,000 that you could execute if the City's option expires without the City executing the purchase. We will continue as previously agreed with the demolition of the home on the first parcel. In the worst case scenario, SPRWS would buy back the property we first purchased at $100,000, which is a $78,000 discount from our purchase. In addition we will have removed the dwelling and will have forfeited a $10,000 option money. Even if that unlikely event happened, it is quite likely you would find another buyer willing to pay your original appraised value, that together with our forfeited amounts would leave you financially better off than if the City would have purchased the land outright. Dallas Larson, City Administrator 1880 'Main Street, Centerviffe, 'M'Jf 55038 (651)429-3232 fax (651)429-8629 '\ RECEIVED OF 2267 AMOUNT . North Metro Telecommunications $6,086.29 Commission & Media Center FOR: 2005 Franchise Fees CHECK # 9169 SURCHARGE DmilJII BY Teresa Bender February 16, 2006 Thank you for your business. Receipt # 2 2 6 7 /., ~ , February 16, 2006 Dallas Larson City of Centerville 1880 Main Street. Centerville, MN, 55038 Dear Dallas: Enclosed please find information regarding the 2005 franchise fee payments totaling $695,940 from Comcast (page 1, table I) and received by the North Metro Telecommunications Commission on behalf of its member cities. In keeping with the Joint Powers Agreement, the NMTC has deducted its approved budget for 2006 in the amount of $522,855 before calculating the franchise fees retained by each member city. The franchise fees retained by each member city is shown on page 1, table III. Copies of the franchise fee checks received can be found on pages 2 through 5. The remainder of the supporting material on pages 6 through 36 consists of the categorical breakdown of eamings per city, per quarter, as provided by Comcast Corporation. If you have any questions regarding these funds, please feel free to contact me at 763-231- 2801 or h-arnson@mtn.ora, and I'll be happy to answer any questions you may have. ~~ Heidi Amson North Metro Telecommunications Commission Enclosures 12520 Polk St. NE. Blaine, MN 55434.763-780-8241 . fax 763-780-8242 Serving Blaine . Centervllle . Circle Pines . Ham Lake. LeXington . lIno Lakes . Spilng Lake Park DISBURSEMENT OF 2005 FRANCmSE FEES RETAINED BY CITIES TABLE I MEMBER clTms FRANCmSE FEES 2006 COMMISSION BUDGET FRANcmSE FEES RETAINED BY CITIES TOTAL: 695,940 522,855 = 173,085 TABLE II 2005 TOTAL CITY REVENUE CABLE COMPANY SYSTEM ~ AS % OF CITY REVENUE BY CITY~ REVENU SYSTEM REVENUE Blaine $7,447,144 $13,918,801 53.50421 % Centerville $489,435 $13,918,801 3.51636% Circle Pines $755,824 $13,918,801 5.43024% Ham Lake $1,792,451 $13,918,801 12.87791 % Lexington $284,531 $13,918,801 2.04422% Lino Lakes $2,174,672 $13,918,801 = 15.62399% Spring Lake Park $974,744 $13,918,801 = 7.00307% TOTAL: $13,918,801 $13,918,801 100.00000% TABLE III CITY REVENUE TOTAL FRANCHISE FEES AS % OF FRANCmSE RETAINED SYSTEM FEES RETAINED CITY BY CITIES REVENUE BY CITY Blaine $173,085 x 53.50421 % $92,607.76 Centerville $173,085 x 3.51636% = $6,086.29 Circle Pines $173,085 x 5.43024% = $9,398.93 Ham Lake $173,085 x 12.87791 % $22,289.73 Lexington $173,085 x 2.04422% = $3,538.24 Lino Lakes $173,085 x 15.62399% = $27,042.78 Spring Lake Park $173,085 x 7.00307% $12,121.25 TOTAL: $173,085 x 100.00000% = $173,084.98 @] All amounts are rounded to nearest dollar. P.I @omcast, COMCAST FINANCIAL AGENCY CORPORATION A Comcast Cable Communications Group Company MidWest Division Office 29777 Telegraph Rd. 5te. 4400B Southfield, MI 48034 REMITTANCE ADVICE No. 229455547 ,ie : 25-APR-05 Vendor Name: NORTH METRO TELECOMM Vendor No. : 176275 INVOICE NO. INVOICE DATE DESCRIPTION DISCOUNT AMOUNT NET AMOUNT 608-848 12-APR-05 608 1st QTR 2005 FRANCHISE FEES 0.00 166,152.72 - TOTAL 0.00 166,152.72 - ..-----------.......-..---.....--. . . ... I:' . . . ' . . rrJJ1.ltF~! .-;VQidf'.f1er.:1-l1.O'.DayS: ,,,....;. '$ ~.~~.i;).{~~~~Wj5~~t~. ~~..~= S-{~;~G.i.'.c.'.~::..'c.-..:.~o"..I:."..-u,,",~.'m:.o.';.:'~...~b-....n.:.~.;"...'s~...~;..'.:.:,'~....:.....A...;.~...=H:.-.....~:....:..-:...~.:...~..._.DM...._...._.::~.:.;._..-:..'.'._...._.....~..:-.-.:..._::..:.~:....:..:.~..:.:..~....:....-.._'!........:.1...r....-...l...!.;....:.:.I...'.~.~t · I;..~ri:hflel~;: .48~~~~.t;o~~:{~-;... ..... . .. ~ 'oU . ". : '. . . v." '_ _ p' ,_ ,_._, .. . u,_ ".'-. ..:':' . '_' " ,.';:':.' ".'" _~:. - ..:.'- '..~_ "': ,.. . .:.., . ..;~,.;~~i1~~~~'i\~li~!~~(..... ." ....... ..' ...... ..... ..' . ...... .... <> ...;?:i~.>::.::-..~:o::~.}:};:::lA~}~9ri~~dSi9.n~!l@.. NORTH METRO TELECOMMUNIGAT1QNS;COMfVUSSI:<i:::;::';:::;.:.:.;:i"'; .......: 1630101STAVE .c. .,..,.......,.:. BLAINE, MN55449 ... . THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW II- 2 2 g L. 5 5 5 r.. ? II- I: 0 r.. L. ;\. ;\. 5 r.. r.. :!. I:. 2 b r.. r.. ~ 5 g ~ :!. ~ II- @bm;cast COMCAST FINANCIAL AGENCY CORPORATION A Comcast Cable Communications Group Company MidWest Division Office . 29777 Telegraph Rd. Ste. 4400B Southfield, MI 48034 REMITTANCE ADVICE No. 229477221 vale: 2Q.:JUL-05 Vendor Name: NORTH METRO TELECOMM Vendor No. : 176275 INVOICE NO. INVOICE DATE DESCRIPTION DISCOUNT AMOUNT NET AMOUNT 608-904 11-JUL-05 608 2nd QTR 2005 FRAN FEES 0.00 174,807.74 TOTAL 0.00 174,807.74 THE FACE OF THIS DOCUMENT HAS A MUL Tf COLORED BACKGROUND. NOT A WHITE BACKGROUND ~~~:.I:ea~t:"" . .... ~\~!I_l;~~~. ... '.;>29777;rele~i'aphRd.:Sle;A400B " . ";.,. ,. ,To.;"':' ''''''e '. 'erBLAINE,MN55449 :~j~~~l~~_'ij-~- -- ....-".--.,.-. '''-''', " ~-'~,.----.:,-::<-;~._~':: .',;"~ ',,---:..;. : . . I L. I I . . -,:-:~:-";'::; ,.,' ~-~ - .'" '. . .:. .;-.,.:." -,."...~~.. . ;)..., . .t2 '. /~:.::rJr.tErItp.. ........... .... ...-:~::::,.... .,- '~', >. ;~':- ,": " """'<". '<., . I l . . P.3 III 2 2 111. 7 7 2 2 ;I. III I: 0 ~ ~ ;I. ;I. 5 ~ I. 3 I: b 7 55 28 ~ L. ~1I1 @:omcast COMCAST FINANCIAL AGENCY CORPORATION A Comcast Cable Communications Group Company MidWest Division Office 29777 Telegraph Rd. Ste. 4400B Southfield, MI 48034 REMITTANCE ADVICE No. 229500681 IJ....Le : 20-0CT-05 Vendor Name: NORTH METRO TELECOMM Vendor No. : 176275 INVOICE NO. INVOICE DATE DESCRIPTION DISCOUNT AMOUNT NET AMOUNT 608-948 07-0CT-05 2-5M/608 3rd Quarter 2005 Franc 0.00 175,073.18 TOTAL 0.00 175,073.18 '::.t:{~3 ;:; :};;: c::',. .,_;::j}~_.'. .... ...~.:I.~:l"1l :I.J a.:1 ~ II .1 IlIJI'II~~. .:.:~'~"f':"I'111' ~~.~Il.~II.J :1.~..1 :'~~Il ~~~. ~I.~ 11~IIBN.~_.~"I'~: ,.. :I:"'Il~(; :.I.III~11 .,,:::mOIDCOS"tY .... ~~i1~1l_4t~~;:~~~ '2977-7'1"el.graphRd.'Sle.'4400B'. . >. ')~p~t~.fi~!'~'~~!~~~?:~.i~_" ',,:: :.=Z. "_ ..: .~.~ "- . -:~,~~/-'~~. :'~:'E?~}':2::~~~ ?i:'.~~~ :f'-',: ~,'{;i~~.. '" "~O:ne~HUndf:~~Seventy':Five ThoUsand:sevenfY--r:hr(:i~i:::DqlrafS;ApaA8'-: 'Oents.**~*~*******~***************~*.*!<**-****~.*"~~:*?~11~E;'~;{~~irtf:r::~;'-:P:::;:"""':..'."""" <;.:::'; ;:";::':':'~.'.F:;t~68rii~c{~i~nature ..' :,~~~f~*~~;j~~~7~N~~E'~sr; ."~ -~:/ ;:'". .~'" ;LJJfl~_i . '~ . "r . : . . . . I . . P.4 III 2 2 'i 5 0 0 b B ~ III I : 0 ...... ;J, ~ 5 ... L. 3. I : b ? 5 5 2 B 3. L. 3. III @9mcast COMCAST FINANCIAL AGENCY CORPORATION A Corncast Cable Communications Group Company MidWest Division Office 29777 Telegraph Rd. Ste. 44008 Southfield, MI 48034 REMITTANCE ADVICE No. 229522754 Date: 19-JAN-06 Vendor Name: NORTH METRO TELECOMM Vendor No. : 176275 INVOICE NO. INVOICE DATE DESCRIPTION DISCOUNT AMOUNT NET AMOUNT 608-1029 11-JAN-06 2-SM/60B 4th Quarter 2005 Franc 0.00 179,906.42 TOTAL 0.00 179,906.42 ":~_: ';,n .. .:.,':-> - ,,':: , :1 ,_:,( ! .I 'I "j ) .,.j ! I .,'! "'. ~--:. .. . .~;;-~ ", ":~ ,:. '._-'''-~;:. ' ''''.-:,- ,.-,. .:.,.".. "'-',.;::'-...; .. i F:, I: ! i I i I I I I I, P.llY "::IZs~;i~~~~d~4~]: i, To Tbe Order or NORTH'MEIROTI;[EGQMM:8NltjPa:IONS'c:;OMMISSI 1630101StcAVE:" . . . , BLAINE,MN554~9 Authorizedslgnature Authorized Signature THE BACK OFTHIS ;oOCUMENTfCONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLiE TO VIEIJI P.5 III 2 2 q 5 2 2 7 5 ~ II. I: 0 ~ ~ . . 5 I.. I.. :It: b? 5 52831.. :llll @omcast April 12, 2005 BLAINE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to'March 2005. Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. ..' GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI~L Ec..__ ..MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 118,"?'35.82 1,325~02 4,736.47 (14,851.21) 303,334.85 197,287.08 47,356.17 805,072.98 EXCLUDE 93,027.87 2,171.05 28,035.61 13,303.00 (6,164.56) 860.00 EXCLUDE 47,337.77 119,266.83 647.19 11,915.99 TOTAL GROSS REVENUE 1,773,397.91 Franchise Fee Rate Franchise Fee Due 88,669.90 is ~-=- ?-<;J7F Approved by L/(~I /D,J- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.6 5% @omcast April 12, 2005 CENTERVILLE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107.1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005. Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI~ "\L Et.. "MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAlGAOSSREVENUE F-ranchise Fee Rate Franchise Fee Due ~~7<~ Approved by TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE '(/2./ IOJ- Date P.7 AMOUNT 7,884.06 74.99 256.50 (127.00) 19,859.07 13,316.91 2,967.92 52,435.41 EXCLUDE 5,836.00 117.59 .1,813.31 835.00 (473.00) 60.00 EXCLUDE 3,114.50 7,352.87 (65.00) 791.16 116,050.29 5,802.51 5% @omcast April 12,2005 CIRCLE PINES North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza SI. Paul, MN. 55107-1219 651~493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005. Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 12,742.69 ALA CARTE 231.89 AUDIO 581.18 BAD DEBT (997.00) BASIC 31,591.55 D'" \L 20,897.84 Ec.._.,-MENT RENTAL 4,253.41 EXPANDED BASIC 81,923.62 FCC FEES EXCLUDE FRANCHISE FEES' 9,412.00 GUIDE REVENUE 146.10 INSTALLATION 2,068.74 LATE FEES 1,062.00 OTHER OTHER REVENUE (160.00) OTHER SUBSCRIBER REVENUE 40.00 PEG FEES EXCLUDE PPV 5,135.00 PREMIUM 12,479.99 REVENUE ADJUSTMENTS (18.01) SHOPPING COMMISSIONS 1,278.54 TOTAL GROSS REVENUE 182,669.54 Franchise Fee Rate 5% Franchise Fee Due 9,133.48 ~~9, 1?v:;?JR Approved by Y/l.//c.:.,- Date TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE P.8 @omcast April 12, 2005 HAM LAKE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493.5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005., Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. ' GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC D'- '\L E<-. ..'MENT RENTAL EXPANDED BASIC FCC FtES FRANCHISE FEES GUIDE REVENUE .INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due 2~'? ?~P Approved by <I/'u /rJ>tJ - Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.9 AMOUNT 28,521.02 416.12 994.29 (2,032.00) 71,367.37 48,933.97 11,749.89 186,050.99 EXCLUDE 22,001.00 , 554.35 6,805.16 3,005.00 (1,307.00) 200.00 EXCLUDE 13,092.25 29,964.69 194.37 2,862.26 423,373.73 21,168.69 5% @omcast April 12, 2005 LEXINGTON North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza S1. Paul, MN. 55107.1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005. Per the agreement, it is calculated bas.ed on a precentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI" 'L Ec..._..'MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due '~<~77~ Approved by Y/I!:-//U- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.lO AMOUNT 4,829.63 260.27 (2,320.00) 11,909.67 7,994.51 1,737.80 31,440.85 EXCL,UDE 3,768.75 127.87 1,132.42 955.00 (76.00) 80.00 EXCLUDE 3,504.75 5,582.68 9.41 484.50 71,422.11 3,571.11 5% @omcast April 12, 2005 LIND LAKES North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza SI. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005. Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC D' \L El..~,"'MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE I NSTALLATJON LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~~? ?~ Approved by q/U/OJ- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.ll AMOUNT 33,528.17 '287.07 1,169.54 (858.00) 89,689.15 59,769.63 13,769.10 233,684.54 . EXCLUDE 26,606,55 543.97 6,547.54 3,121.72 (1,763.00) BO.OO EXCLUDE 11,642.50 31 ,538.75 158.31 3,364.49 512,880.02 25,644.00 5% @omcast April 12, 2005 SPRING LAKE PARK North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of January 2005 to March 2005. Per the agreement, it is calculated based on a precentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BAS.lC DI.' \L Ec.._ ..'MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIQNS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~~.? ?~ Approved by Y/t{rdJ- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.12 AMOUNT 16,458.29 238.28 781.83 (4,514.12) 42,487.05 24,284,86 . 5,761.17 114,301.20 EXCLUDE 12,729.00 370.07 4,346.70 1,885.00 (335.00) 60.00 EXCLUDE 8,298.96 14,446.68 9.50 1,651.29 243,260.76 12,163.04 5% @omcast July 11, 2005 North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC Dlr EQ..... III1ENT RENTAL EXP ANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due .) ~ \, ~ ~ c;7.- " Approved by 7//J/t!:J J- Date TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE P.13 AMOUNT 279,815.50 687.94 9,410.96 (37,267.27) 593,692.53 429,539.05 55,226.69 1,556,923.53 EXCLUDE 177,863.17 5,985.75 63,301.63 24,262.00 (3,622.00) 1,400.00 EXCLUDE 92,015.74 222,742.77 633.92 23,542.97 3,496,154.89 174,807.74 5% @omcast July 11,2005 BLAINE ' North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza SI. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC 01 EQLm-'MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~,i:-. 9-7~ ?/c- I.-o/du - Dale Approved by TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE P.14 AMOUNT 150,135.24 340.49 5,229.87 (15,747.00) 316,817.24 228,704.31 30,481.76 835,250.09 EXCLUDE 95,975.87 3,759.80 35,054.15 13,700.00 (2,250.00) 880.00 EXCLUDE 51,274.33 120,053.13 530.11 12,631.49 1 ,882,820.89 94,141.04 5% @omcast July 11, 2005 CENTERVILLE North Metro Telecommunications Commission 1630 101stAve. NE Blaine, MN 55449 10 River Park Plaza SI. Paul, MN, 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. ' GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI' 'L Ec..~..-MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INST ALLA TION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~~ 'JJ~.JJP Approved by 7//,~~/r- Date TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE P.lS AMOUNT 10,015.32 29.53 201.91 (364.00) 20,674.95 15,288.53 1,974.38 53,900.87 EXCLUDE 6,003.00 112.84 2,062.68 855.00 (43.00) 80.00 EXCLUDE 2,884.89 7,943.53 (10.00) 842.72 122,453.15 6,122.66 5% @omcast July 11, 2005 CIRCLE PINES North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River park Plaza St Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI" "t Ec..~..'MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~~?7~ Approved by 71/ <3/0. ,- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.16 AMOUNT 15,692.62 " 60.92 554.71 (262.00) 32,819.73 23,060.71 2,686.27 83,919.80 EXCLUDE 9,474.00 145.26 2;721.09 1,120.00 (227.00) 60.00 EXCLUDE 4,443.50 12,3n.72 (38.70) 1,320.03 189,928.66 9,496.43 5% @:omcast July 11,2005 HAM LAKE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC Dlr EQ...... rvlENTRENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due A,;: 7 7' r:?~V~ Approved by ,?/,c 3 /tfj..; - Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.17 AMOUNT 36,022.85 145.58 1,062.37 (2,872.00) 75,119.16 57,183.54 7,360.12 194,951.78 EXCLUDE 22,812.00 689.38 8,726.49 3,032.00 (717.00) 100.00 EXCLUDE 13,509.50 30,381.27 (24.98) 3,029.91 450,511.97 22,525.60 5% @omcast July 11, 2005 LEXINGTON North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC Dlr L EO..... .MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due ~ 7/~~ /#.J/4,- Date ~ Approved by TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.lS AMOUNT 5,955.36 0.34 304.92 (3,476.00) 12,112.74 9,029.03 .941.78 31,954.01 EXCLUDE 3,741.75 128.25 1,209.56 905.00 (91.00) 40.00 EXCLUDE 2,217.50 5,730.70 501.38 71,205.32 3,560.27 5% ..:-"1 @omcast July 11,2005 UNO LAKES North Metro Telecommunications Commission 1630 101 st Ave. NE Blaine, MN 55449 10 River Park Plaza S1. Paul, MN. 55107.1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 41,n8.n ALA CARTE 31.41 AUDIO 1,198.16 BAD DEBT (5,048.27) BASIC 93,480.64 Dlr '- 69,073.97 EQ~.. MENT RENTAL 8,295.25 EXPANDED BASIC 242,585.01 FCC FEES . EXCLUDE FRANCHISE FEES 27,300.55 GUIDE REVENUE 541.74 INSTALLATION 8,590.54 LATE FEES 2,920.00 OTHER OTHER REVENUE (91.00) OTHER SUBSCRIBER REVENUE 100.00 PEG FEES EXCLUDE PPV 11,173.80 PREMIUM 32,403.06 REVENUE ADJUSTMENTS 1n.49 SHOPPING COMMISSIONS 3,515.81 TOTAL GROSS REVENUE 538,026.93 Franchise Fee Rate. 5% Franchise Fee Due 26,901.35 ,~~p.?~ Approved by . ?aY.:t.t- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.19 ~..., @omcast July 11, 2005 SPRING LAKE PARK North Metro Telecommunicati.ons Commission 1630 101st Ave. NE . Blaine, MN 55449 10 River Park Plaza St. Paul, MN.55107-1219 651-493-5823 . FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of April 2005 to June 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DI( EQt..,,~MENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTAlLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due l( )A~~ Approved by 7~ ?/.t...J/6J - Date TRADE SECRET INFORMATION. NOT FOR PUBLIC DISCLOSURE P.20 AMOUNT 20,215.34 79.67 859.02 (9,498.00) 42,668.07 27,198.96 3,487.13 114,361.97 EXCLUDE 12,556.00 608.48 4,937.12 1,730.00 (203.00) 140.00 EXCLUDE 6,512.22 13,853.36 1,701.64 241,207.97 12,060.40 5% @omcast 10 River Park Plaza S1. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 October 7, 2005 North Metro Telecommunications Commission -1630 _ t(l1.st.Ave.J~.jE____ Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BI DIG..AL EQUIPMENT RENTAL EXP ANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 257,898.62 443.89 9,829.03 (42,951.09) 597,353.81 466,179.48 32,704.23 1,558,251.16 EXCLUDE 179,667.17 6,378.79 64,007.65 24,967.71 (4,673.45) 1,200.00 EXCLUDE 81,535.60 235,625.11 2,016.02 31,029.83 TOTAL GROSS REVENUE 3,501,463.55 Franchise Fee Rate 5% Franchise Fee Due 175,073.18 e~,?,?;e{J Approved by /()(C ?/aJ- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.21 @omcast October 7, 2005 BLAINE North Metro Telecommunications- Commission __16.30.J DJstAvEkNE_____________ _ __u__ Blaine, MN 55449 10 River Par\( Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sep1 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BI DIG"AL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 137,803.34 227.79 5,424.95 (28,451.09) 318,005.39 247,156.61 17,928.70 833,642.08 EXCLUDE 96.,523.87 4,171.35 36,241.27 13,878.00 (3,246,45) 740.00 EXCLUDE 42,973.21 126.,251.16 1,6.10.79 16,576.28 TOTAL GROSS REVENUE 1,867,457.25 Franchise Fee Rate Franchise Fee Due 93,372.86 RS~ 7, :7-4 Approved by /c:) /1' 7 r:>J Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.22 5% @omcast October 7, 2005 HAM LAKE North Metro Telecommunications Commission _1630__tO_1slAvE. NE_____u_______ Blaine, MN 55449 10 River Park Plaza S1. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BI> DIG,,~L EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due G~ 'l" 7~ Approved by /0//::>/0.-1- . Dale TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.23 AMOUNT 33,201.15 147.00 1,144.95 (2,763.00) 76,257.41 61,824.19 4,435.60 197,166.94 EXCLUDE 23,110.00 665.54 7,464.84 3,250.00 (317.00) 100.00 EXCLUDE 11,685.35 32,705.44 168.60 3,988.72 454,235.73 22,711.79 5% @omcast October 7, 2005 CIRCLE PINES North Metro Telecommunications Commission --1630-1-0-1-st-Ave.NE------- . Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BI DIGIIAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 14,298.65 55B.52 . (886.00) 32,703.63 24,566.14 1,593.57 83,057.63 EXCLUDE 9,519.00 145.35 2,703.12 1,120.00 EXCLUDE 4,443.13 13,236.23 (11.27) 1,718.3B TOTAL GROSS REVENUE 1 8B, 766.0B Franchise Fee Rate Franchise Fee Due 9,438.30 ~.~ 7 ::?& Approved by ("'t.J /r ? /v--r- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.24 5% @omcast 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 October 7, 2005 CENTERVILLE North Metro Telecommunications Commission 1630-101-st-Ave;-NE--------- Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 9,417.77 ALA CARTE 21.70 AUDIO 224.13 BAD DEBT (504.00) BJ 21,045.80 DIGITAL 16,659.56 EQUIPMENT RENTAL 1,461.06 EXPANDED BASIC 54,596.47 FCC FEES EXCLUDE FRANCHISE FEES 6,127.00 GUIDE REVENUE 102.60 INSTALLATION 2,018.27 LATE FEES 960.00 OTHER OTHER REVENUE (516.00) OTHER SUBSCRIBER REVENUE 40.00 PEG FEES EXCLUDE PPV 2,708.75 PREMIUM 8,687.06 REVENUE ADJUSTMENTS 30.00 SHOPPING COMMISSIONS 1,132.17 TOTAL GROSS REVENUE 124,212.34 Franchise Fee Rate 5% Franchise Fee Due 6,210.62 ~~??~ Approved by /c-) //7/6 ,- f - Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.25 @omcast October 7, 2005 LEXINGTON North Metro Telecommunications Commission 1630 101stAve. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterty Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BP" OIl.. . ,L EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 5,428.11 301.86 (3,621.00) 11,847.61 9,933.18 438.57 31,230.78 EXCLUDE 3,778.75 120.42 1,378.18 1,024.71 (40.00) 80.00 EXCLUDE 2,579.00 5,815.90 152.45 651.80 TOTAL GROSS REVENUE 71,100.32 Franchise Fee Rate Franchise Fee Due 3,555.02 v3,~~f;?:4;? ! Approved by ".-(::,//7""'-0 J- Dale TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.26 5% @omcast October 7, 2005 UNO LAKES North Metro Telecommunications Commission 1630 101 st Ave. NE Blaine, MN 55449 10 River ParK Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 39,285.90 ALA CARTE 19.88 AUDIO 1,264.62 BAD DEBT (1,320.00) Bft 95,067.26 DIC:>"nL 76,831.16 EQUIPMENT RENTAL 4,972.88 EXPANDED BASIC 245,862.10 FCC FEES EXCLUDE FRANCHISE FEES 28,121.55 GUIDE REVENUE 530.58 INSTALLATION 9,884.17 LATE FEES 2,990.00 OTHER OTHER REVENUE (499.00) OTHER SUBSCRIBER REVENUE 140.00 PEG FEES EXCLUDE PPV 10,805.22 PREMIUM 34,388.29 REVENUE ADJUSTMENTS (69.55) SHOPPING COMMISSIONS 4,743.53 TOTAL GROSS REVENUE 553,018.60 Franchise Fee Rate 5% Franchise Fee Due 27,650.93 ~~7 ?!-~ Approved by /0// ;)/b.J- Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.27 @omcast. October 7, 2005 SPRING LAKE PARK North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN.55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of July 2005 to Sept 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 18,463.69 ALA CARTE 27.52 AUDIO 910.00 BAD DEBT (5,406.00) B.A 42,426.71 DIG.. ...L 29,208.64 EQUIPMENT RENTAL 1,873.85 EXPANDED BASIC 112,695.16 FCC FEES EXCLUDE FRANCHISE FEES 12,487.00 GUIDE REVENUE 642.95 INSTALLATION 4,317.80 LATE FEES 1,745.00 OTHER OTHER REVENUE (55.00) OTHER SUBSCRIBER REVENUE 100.00 PEG FEES EXCLUDE PPV 6,340.94 PREMIUM 14,541.03 REVENUE ADJUSTMENTS 135.00 SHOPPING COMMISSIONS 2,218.95 TOTAL GROSS REVENUE 242,673.23 Franchise Fee Rate 5% Franchise Fee Due 12,133.66 ~~ ?7~ Approved by /E I / r' 7,/..l:r- , Dale TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.28 @omcast 10 River Park Plaza St. Paul, MN.55107-1219 651-493-5823 FAX 651-493-5572 January 11, 2006 North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 297,074.83 683.22 9,567.57 (36,235.00) 622,515.70 482,099.67 41,420.58 1,574,783.64 EXCLUDE 182,955.17 5,720.35 44,822.65 25,608.84 (7,331.85) 1,750.00 EXCLUDE 84,732.11 238,051.47 2,055.84 27,853.61 TOT AL GROSS REVENUE 3,598,128.41 Franchise Fee Rate 5% Franchise Fee Due 179,906.42 G~~>;'" Q ?ffi Appr~y . ;//.(76& , Date TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE P.29 @omcast 10 River Park Plaza S1. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 January 11, 2006 BLAINE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 159,308.06 305.17 5,257.76 (21,378.00) 330,457.51 255,997.66 22,866.24 840,684.67 EXCLUDE 98,405.87 3,690.90 26,137.47 14,619.42 (4,250.00) 1,030.00 EXCLUDE 45,623.40 128,789.00 978.63 14,944.68 TOTAL GROSS REVENUE 1,923,468.44 Franchise Fee Rate 5% Franchise Fee Due 96,173.42 ~...., / - ~ ' QS~C??~- ,/ ,- Approved by //K/o (,. Date P.30 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE @:omcast January 11, 2006 CENTERVILLE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS TOTAL GROSS REVENUE Franchise Fee Rate Franchise Fee Due .~~??~ Approved by /1/0/0 C, Date P.31 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE AMOUNT 10,743.68 42.11 199.82 (274.00) 21,692.90 17,193.47 1,829.84 55,103.82 EXCLUDE 6,219.00 97.74 1,440.05 845.00 (845.00) 40.00 EXCLUDE 2,684.01 8,704.40 (5.00) 1,006.90 126,718.74 6,335.94 5% @omcast 10 River Park Plaza S1. Paul, MN. 55107.1219 651-493-5823 FAX 651-493-5572 January 11, 2006 CIRCLE PINES North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 16,646.08 75.06 533.61 (1,421.00) 34,234.39 25,196.26 1,939.91 84,704.70 EXCLUDE 9,792.00 125.55 2,571.16 1,130.00 (192.00) 80.00 EXCLUDE 4,410.00 12,931.28 141.50 1,561.09 TOTAL GROSS REVENUE 194,459.59 Franchise Fee Rate 5% Franchise Fee Due 9,722.98 .ifS ~ 7 ? JZfZ Approved by 1// (- / (') C-, . Dale P.32 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE @omcast 10 River Park Plaza St. Paul, MN.55107.1219 651-493-5823 FfIIX 651-493-5572 January 11, 2006 HAM LAKE North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 37,605.22 139.49 1,200.61 (3,618.00) 79,858.48 64.196.06 5,274.36 199,848.33 EXCLUDE 23,453.00 597.28 5,362.40 3,164.42 (356.00) 100.00 EXCLUDE 11,157.96 32,859.66 (37.36) 3,523.63 TOTAL GROSS REVENUE 464,329.53 Franchise Fee Rate 5% Franchise Fee Due 23.216.48 .~-: Q 7;k(? Approve y' , . ///.r/G' (,." Date P.33 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE @omcast 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 January 1',2006 LEXINGTON North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES 6,042.34 ALA CARTE AUDIO 291.42 BAD DEBT (2,685.00) BASIC 12,301.77 DIGITAL 9,917.06 EQUIPMENT RENTAL 623.52 EXP ANDED BASIC 30,721.91 FCC FEES EXCLUDE FRANCHISE FEES 3,660.75 GUIDE REVENUE 111.64 INSTALLATION 988.28 LATE FEES 955.00 OTHER OTHER REVENUE (88.00) OTHER SUBSCRIBER REVENUE 160.00 PEG FEES EXCLUDE PPV 2,068.75 PREMIUM 5,099.92 REVENUE ADJUSTMENTS 68.45 SHOPPING COMMISSIONS 565.57 TOTAL GROSS REVENUE 70,803.38 Franchise Fee Rale 5% Franchise Fee Due 3,540.17 a~7'?~ Approved by / //s/cJ(, . Date P.34 TRADE SECRET INFORMATION - NOT FOR PUBUC DISCLOSURE @omcast 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 January 11, 2006 L1NO LAKES North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dec 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 45,652.95 108.11 1,235.69 (2,599.00) 99,509.36 80,123.10 6,587.44 250,973.76 EXCLUDE 28,800.55 518.01 5,762.45 3,095.00 (704.85) 140.00 EXCLUDE 11,780.52 34,891.60 595.41 4,276.50 TOTAL GROSS REVENUE 570,746.60 Franchise Fee Rate 5% Franchise Fee Due 28,537.33 .(~~ 7~;J?P Approved by I//. r"/ov Date P.35 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE @omcast 10 River Park Plaza St. Paul, MN. 55107-1219 651-493-5823 FAX 651-493-5572 January 11, 2006 SPRING LAKE PARK North Metro Telecommunications Commission 1630 101st Ave. NE Blaine, MN 55449 Enclosed is the quarterly Franchise Fee payment for the period of Oct 2005 to Dee 2005. Per the agreement, it is calculated based on a percentage of Gross Revenue, which is detailed below. GROSS REVENUE SOURCE AMOUNT AD SALES ALA CARTE AUDIO BAD DEBT BASIC DIGITAL EQUIPMENT RENTAL EXPANDED BASIC FCC FEES FRANCHISE FEES GUIDE REVENUE INSTALLATION LATE FEES OTHER OTHER REVENUE OTHER SUBSCRIBER REVENUE PEG FEES PPV PREMIUM REVENUE ADJUSTMENTS SHOPPING COMMISSIONS 21,076.50 13.28 848.66 (4,260.00) 44,461.29 29,476.06 2,299.27 112,746.45 EXCLUDE 12,624.00 579.23 2,560.84 1,800.00 (896.00) 200.00 EXCLUDE 7,007.47 14,775.61 314.21 1,975.25 TOTAL GROSS REVENUE 247,602.12 Franchise Fee Rate 5% Franchise Fee Due 12,380.11 .~~~Al Approve by ///.>- /GI C. Date P.36 TRADE SECRET INFORMATION - NOT FOR PUBLIC DISCLOSURE t' February 16, 2006 Mr. Dallas Larson City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mr. Larson: Enclosed, please find for your city council's review, the North Metro Community Telev~sion 2005 Annual Report. This document outlines staff progress toward established goals, measures key areas of growth, and highlights many of the major accomplishments, across the year 2005. When the Cable Commission assumed responsibility for the management of the public access entity in 1997, it was with the intent of developing the best service and programming possible for the citizens of our communities. As you will see, upon examination of this report, the Community Television staff is providing a service that is both a benefit to our communities, and one we can be very proud of. If you have any questions, comments or suggestions regarding community television, please contact Heidi Arnson, the Executive Director, at 763-231-2801, or h- amson@mtn.org. We look forward to hearing from you. Sincerely, IU/(~ Richard Swanson Chair, NMTC 12520 Polk Street Northeast. Blaine. MN 55434 Phone: (612) 780-8241 Fax: (612) 780-8242 Blaine. Centerville. Circle Pines . Ham Lake . Lexington. Lino Lakes. Spring Lake Park NORTh A1eTRO CommunITY TeLeVISIon '" AnnuaL RepoRT ),'. ..JZ..~~~?JJh~~~~)1f~}~~~~Z$ Overview. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Public Access...................... ........................ ........ ........................ 03 Staff Production........................... ... . .......................... ......... ....... .. 09 Expanded Services....... ......... ............................. ........................ 17 Commission............... .......... .................................................... 20 Summary.... ........ ............. ... ....................... ...... ...... ........ ......... ... 25 Attachments 2005 Community Television Statistics........................... 26 North Metro Telecommunications Commission................ 27 North Metro Operations Committee................... ............ 28 North Metro Community Television Staff........................ 29 Meet the Staff................................. ....................... ... 30 2 '~~~~~t.t~~~T}{~~~~Jlt~ The following report highlights the accomplishments and activity of the North Metro Community Television and Cable Commission operations in 2005. We experienced a year filled with accomplishment, transition, and some disappointment. Staff shattered previous production records, developed new services for our cities, expanded our channel capacity, and successfully completed the digital upgrade of our production truck.. While we had many successes in the area of public access, we also experienced the loss of two prolific local producers, which resulted in a decline in programming produced by the public utilizing our facilities. Even so, our tour numbers, volunteer, intern and class statistics improved. Meanwhile, the Commission participated in a national FCC Form 1205 rate review, and became increasingly concerned regarding proposed federal and state legislation regarding telecommunications franchising and regulation. 'fiT...~ .... ...",V""il;;I._,1ft'-~ii~"""" ~~~~~ Structurally, we have two basic departments; the public access department and the staff production department. Two staff members are entirely devoted to working with our community producers. They accomplish this through class instruction, tours, assisting the public with their video projects, publicizing our services, and scheduling and operating the channel. This was a year of transition for the public access department. When we first moved into the new building, we knew that we would be stretched in some areas, because of the expanded services we planned to provide to our cities. Our goal was to follow through with the expansion of services first, and then determine what staffing changes would be needed to meet any deficiencies that resulted. Throughout the year it became clear that we were not able to meet our outreach goals with the current level of staff. As a part of the budgeting process for 2006, 3 staff identified this need to the Operations Committee and Cable Commission. They agreed with the assessment and we were able to create a new Outreach Coordinator position for 2006. Despite the challenges the public access department experienced, in 2005, there were many successes including the new public access channel, the annual volunteer awards ceremony, and the continued production of varied and interesting programming by members of our communities. The New Channel 14 One of our major goals for 2005 was to display video programming on both of our . . , . community television channels instead of one. Previously, channel 15 carried all of our video programming, and channel 14 carried only the program schedules and community bulletin board information. It was technically impossible for us to program two channels until we upgraded master control to a server-based system. Before that, we were limited in the number of programs we could play by the number of tape decks we had. With a server-based playback system there are far fewer limitations. The system we developed had an adequate number of servers and enough hard drive space to store and route multiple programs to multiple channels, simultaneously. Official channel 14 logo During the 2005 budgeting and goal setting process it was decided that we would separate public and staff produced programming. Channel 15 was designated as the location for the more professional looking, general interest, community oriented programming that staff produces, and channel 14 became the home of all programming produced by the general public. Public access producers benefit from having a 24-hour-a-day channel that allows for easier access to prime time and repeat slots. Staff benefits from the expanded playback options as well, but also from the ability to develop a recognized reputation for a higher standard of technical quality and a degree of content control. Developing a high quality channel 15 is our first step in creating a paying sponsorship program. The channel change was publicized via our monthly newsletter, on the website, through video promos, and via direct mail. All of our current volunteers and public producers received a letter explaining the change, and the opportunity for 4 expanded playback of their programs on the new public channel. We also had t- shirts made with the new logo, and distributed them to all of our producers and volunteers. AnnuaL VoLunTeeR AwaROS CeRemony Producing video programming is a time consuming, and technically challenging endeavor. We work with a lot of people in the community who produce their own programs and people who, cumulatively, volunteered over 3,100 hours to help staff produce programs utilizing the production truck. While personal pride in the final product is some reward for the huge amount of time and effort video production demands, we want to make sure our producers and volunteers know how much we appreciate them by recognizing their work at our annual awards ceremony. Every April staff puts together a gala event The Hotfoot Stampers with their to reward and honor our producers and "Most Productive New Producer" volunteers. As has been the tradition, the award. ceremony took place at the Majestic Oaks Golf Course. Over 40 volunteers and producers showed up for hors d'oeuvres, conversation, trophies, channel 15 clothing and to be recognized and appreciated for their efforts. Thirteen special merit awards were presented to some very I deserving individuals. As we have done in the past, all of the award winner's photos were posted on the bL--- L website, along with additional pictures of the gala. The event was taped and played on channel 15 Volunteers mingle at the awards ceremony Communzry PRoouceRS Producing a program entails a great deal more than picking up a camcorder and pushing the record button. As graduates of our video production classes will tell you, it is a very complicated, often frustrating, and always time consuming endeavor. Most of our long-term producers belong to an organization or church 5 with a message to share with the general public. It helps to have a constant source of content. We were fortunate enough to work with many of these groups this past year. They include a square dancing club called the Hotfoot Stompers, the District 49 DFL Caucus, representatives of ISO #11, Roosevelt Middle School, the Opportunity Partners non-profit organization, the Toastmasters, and many local churches. All of our producers will tell you that access to training, television production equipment, and channel space is an invaluable resource to their organizations. It's important to note, that in a world of media consolidation, producers and viewers appreciate the accessibility and availability of truly local public access television. cLasses ana STUDenTS One of the services we provide to the public is general instruction in video production. Whether people are interested in helping out on van shoots, want to produce their own programs, or just want to learn how to shoot better home video, we provide a valuable resource to the community. Our basic series of four classes is scheduled on a monthly basis, plus we organize private instruction when our regularly scheduled classes don't fit into a student's schedule. The class schedule is posted on our web site. Statistically, we had a mixed year. Although more classes were provided than the previous year, we had fewer students. 6 The total number of students decreased primarily as a result of a one-time series of classes we taught at the Centennial Learning Center, in 2004, to a fairly large group of people. If you remove those two classes and the 60 students involved, and then compare the numbers between the two years, the 2005 numbers are actually improved over the previous year. 160 140 120 ~~r'" 100 80 60 40 20 o 1998 1999 2000 20012002 2003 2004 2005 Recruiting students was one of the areas where we fell short last year. This statistic should see improvement in 2006, as we will have a full time employee dedicated to promoting the facility and services we provide. PRoqRam PRoducTIon There are two separate statistics that we keep track of, regarding programs submitted for playback on channel 14. Programs produced by the general public utilizing our equipment and facilities, and those submitted by outside sources. Overall, the total number of programs submitted in this category increased markedly, from 808 in 2004, to 913 in 2005. First, we'll consider programs produced by the general public utilizing North' Metro Community Televisio'n equipment. This number is dramatically reduced compared to all previous years on the graph. In 2004 the public produced 221 new programs utilizing our equipment and facilities. In 2005, they produced 149. The number isn't actually as bad as it looks. In 2005, two of our church producer~ purchased their own camcorders and editing ,systems. Even though they continue to submit their programs for playback every week, the shows are no longer counted as being produced with our equipment. Now they are considered "Outside Programs" and are recorded as such in the monthly statistics. It should also be noted that these producers have been producing a weekly program with us for all of the' years represented in the following graph. If one were to remove their influence on program production across the entire 7 graph, the numbers of programs produced by other individuals utilizing our equipment actually increased. 300 250 200 150 100 50 o iii Programs produced by the public with Media Center equipment. 1998 1999 2000 2001 2002 2003 2004 2005 The second statistic that we track, the number of programs submitted for playback that were produced using somebody else's equipment, increased correspondingly to the decrease in the above category. Many local churches, schools, other area access centers, and even cities submit programs produced in this manner. They are still local programs of interest to the area. It would be surprising if this number did not continue to increase, particularly for organizations that produce programs on a weekly basis. Camcorders and computer-based editing have become so affordable, that many organizations such as churches are able to invest in their own equipment. This saves them the inconvenience of having to share equipment with other entities. 1000 800 600 400 200 o m Programs produced with '. other equipment 1998 1999 2000 2001 2002 2003 2004 2005 Program production by the public is a category we will be watching closely in 2006. It will be interesting to see if the addition of the new, simplified, digital studio attracts new producers. It will be an excellent tool for studio production beginners. 8 m Programs produced by public TOTaL PRogRam PRooucnon BReakoUT 27% . Programs produced by staff Of the 1,255 new programs that played on the channel in 2005, 12% were produced by the public utilizing our facility,and 27% were produced by staff. o Programs produced by public not using Media Center Outside programs represented 61 % of the programs that played on the channel. Again, these programs are most often produced by local organizations such as churches, schools, and cities. In comparing the statistics with the previous year, percentage of programs produced by the public with our equipment and with other equipment, and programs produced by staff remained the same. .~~~ The second half of our operation is, of course, staff productions. These are the programs that staff produces for the community. We do this because we realize that most people don't have the time, energy or desire to produce their own programs, but are interested in watching programs about their community produced for them. These programs include city meetings, high school sporting events, local news, event coverage, and community and school activities. The staff produces a wide variety of interesting and informative programs with a high degree of technical expertise. The PRODUCTIOn Van The North Metro production van is a familiar sight at all of our ball fields, gymnasiums, and ice rinks. It serves as a production tool, PR tool, and classroom all in one. 9 Van Director Kenton Kipp and his assistant Matt Waldron take great pride in producing professional looking and diverse programs. They pore over each high school's sports roster and look at upcoming city events to plan their coverage schedules. They try hard to balance many different sports for both genders, and three high schools. They also work very hard to follow any of our teams if they should make it into any kind of post- season scenario. While we have two staff members devoted to the van department, a van shoot typically requires at least five people. We make up the difference with volunteers from the community, and interns. Kenton and Matt have nurtured a reliable group of volunteers who have become very technically adept. The number of volunteers helping out this past year increased for the second year in a row. Volunteers also put in quite a few more hours, smashing the previous record by 358 hours. This is partially due to a larger number of van shoots than in the previous year. The van department was very productive this year, breaking two out of three records. Even more important than quantity though, is that Kenton and Matt manage to maintain a very high level of quality. Programming produced with rotating volunteers will never look like something on ESPN, but the van department does an incredible job of putting together very professional programs. Through solid camera work, the creative use of hand-held 'shots, instant replay, and complex graphics and animations, our sports coverage is top- notch. The technical quality of programs produced with the truck is at the best it has ever been also, thanks to a digital upgrade in November. The signal coming out of our cameras, switcher and tape decks is now pure digital. This results in a very nice product. 140 120 100 80 60 40 20 o 1l!I# of Shoots .# of Volunteers Statistically speaking it was a very good year for the production truck. 1998 1999 2000 2001 2002 2003 2004 2005 10 3500 3000 2500 2000 1500 1000 500 o 1998 1999 2000 2001 2002 2003 2004 2005 I m Number of Volunteer Hours I All of our indicators, from number of volunteers, to number of shoots and number of hours volunteered increased, quite dramatically, over the previous year. As you can see from the graph above, we receive a lot of production assistance from volunteers. But that isn't our only source. We also have an excellent internship program. Prospective interns go through an interview process, and once selected, are given hands-on experience in a variety of production areas. Kenton and Matt work very closely with our interns to make sure that they get the most out of the experience as possible. Interns are afforded the opportunity to do anything, from directing and camera operation, to announcing. Students from area high schools and colleges and technical colleges are encouraged to intern at North Metro Intern Joe Brama operates the Community Television. camera We try to have one or two truck interns a quarter. We offer a $500 stipend to up to eight interns a year. The stipends are paid only after the successful completion of at least 100 hours of work. We also offer unpaid internships and half-time internships. The half-time internships only require 50 hours, but don't qualify for a stipend. Clry Scope Even though 2005 was a year of staffing transition for the News/Public Affairs department, the production of our weekly news program, City Scope, didn't miss a beat. The department produced 45 episodes of City Scope last year, with the number of local stories totaling well over 300. As was already mentioned, we experienced a complete staffing change this year. Long time News Director, Aric Otzelberger, left us for graduate school in May. 11 His assistant, Danika Klyve, was promoted as his replacement and Ben Hayle was hired as her assistant. Danika and Ben did an excellent job of continuing to produce a very informative weekly program that examines issues and events taking place in our seven cities. Staff worked hard last year to bring some very important local stories to our viewers. While some of the stories, such as the issues relating to the Vikings stadium proposals, were also covered by the major networks in town, none of them were able to give the in-depth attention to the story, we were able to. Often times, after producing a news piece for City Scope, staff will go even further and produce an expanded, stand-alone program on the topic. This was the case for several of our bigger stories, such as the Officer Silvera funeral, and several municipal issues such as Blaine water upgrades, the 242/65 highway improvement plan, and the Centennial school district levy. Ben and Danika also try to be as responsive to timely issues as they possibly can. For example, the morning following the devastating September storm, the City of Blaine asked them to produce a show informing residents about relief efforts underway. It was shot, edited, and cablecasting that same day. Staff was also proud of the program they made covering Blaine's National Night Out events. The city submitted the show to the National Association of Town Watch, which is the association that operates National Night Out, and it helped Blaine finish in 9th place, nation-wide, in their populace group. In addition to producing excellent content for City Scope, staff continually works to improve the overall look of the show. In 2005 we saw the introduction of a new set, improved graphics, new intro, and the expansion of stand-up reporting. All of these changes help to keep the - show fresh and entertaining. Another way to keep a news show looking fresh is to periodically introduce new faces. We can't afford to hire reporters, so we do the next best thing, offer internships. We were very lucky to be able to work with four outstanding student interns in 2005. All four were enrolled in journalism or television news programs at local 12 colleges. Danika, and Ben spend a lot of time teaching our interns about shooting, editing, writing, and building a story. Each intern ends up being a very time intensive investment for staff, but we want to make sure they have a chance to learn every aspect of television news production, including making contacts, setting up interviews, reporting, and anchoring. We believe City Scope and the organization as a whole benefit greatly from the efforts of interns. The intent is to make the experience equally beneficial for them. AOOITlOnaL STaFF PRoouceo PRo(jRams . Municipal event programs Each year we do our best to produce as many municipal issues and events as we can. Kenton and Matt cover parades and pageants related to Tower Days, Blaine's Blazin' 4th. Fetes des Lacs, and Blue Herron days celebrations. The News/Public Affairs d~partment produced a plethora of municipal programming this year. In keeping with a fine tradition, they produced a candidates forum, called Local Decision 2005, for the Circle Pines city council and mayoral races, and for the Lino Lakes city council race. Additional public affairs programs produced by Danika and Ben include, the Blaine Water Treatment Special, The Highway 65/Main Street Interchange Special, The Blaine City Council Debate regarding the Highway 65/Main Street Interchange, The Blaine Storm Aftermath, The Boy Scout Medal of Merit Presentation, the Blaine Home Loan Program, the Lino Lakes Street Construction Levy Referendum, the Centennial School District Levy Referendum, and the Shawn Silvera funeral. T.J. had another very good year. Last year he beat his annual program production record with 54 programs. This year he beat that record by producing 84 programs. Along with monthly coverage of the Anoka County Board meetings and the Cable Commission meetings he also began taping District #11 school board meetings. The school district was experiencing problems with their staffing levels, and wondered if we could help. As usual, T.J. stood up to the plate. In addition to meeting coverage, T.J. produced the Blaine and Centennial area Safety Camps, the 8th Annual Veteran's Day program, a Cops vs. Kids 13 Basketball game, the June'05 Crime Prevention presentation, the Community Heroes Awards, and a special called Bullying-When Will it Stop? He also helped out with election related programming by covering League of Women Voters sponsored District #11 School Board Debate, and the 6th Congressional District Forum. Oh, we're not done yet. He was also responsible for producing the Blaine Concert in the Park series, Teen Jam I and II, and many school concerts and plays. He continued to produce Schools in Focus and Coming Up on 15, on a regular basis, as well. · Chamber programs Michele continued her work with the Metro North Chamber of Commerce. She produces the Chamber's business issues talk show, Taking Care of Business, as often as they want to do it, and she also videotapes most of the Chamber's luncheon presentations. · Viewpoint Danika and Ben produced four episodes of this community issues talk show in 2005. It provides a forum for groups to discuss their purpose and events, along with current events of importance to the North Metro. This year, the topics included meth use, violence prevention, school district updates, and holiday giving. · . Sports Den Sports Den is produced during every sports season and examines all sports we cover, both girls and boys. Kenton Kipp, along with volunteer Jeff Dinsmore, host the show, which is made up of statistical analysis, coach interviews, arid footage from the previous weeks games. Kenton and Matt produced 19 episodes of Sports Den in 2005. The crew was also very happy with the new set that was constructed for the show (pictured here). 14 o Schools in Focus Staff produces this monthly program (during the school year) in partnership with school district #11. The program informs and educates parents and students regarding issues and events in the school district. · LLPD Roll Call Ben and Danika worked for months with the Lino Lakes Police Department to develop an informational, public service program that could be produced on a monthly basis. Staff is responsible for the technical aspects of the program such as shooting and editing segments, directing the in- studio segments, and creating the graphics. The police department is responsible for content, and on-camera talent. Everyone is very happy with the concept of the show and we are committed to developing it on an on-going basis. TOTaL SraFF PrwqRam PRODUCTIOn Staff program production continues to impress. The numbers were phenomenal this year, breaking the previous record of 304 programs produced, by 38 shows. 400 350 300 250 200 150 100 50 o I!I Number of staff programs produced 1998 1999 2000 2001 2002 2003 2004 2005 OUTReach As was stated earlier in this report, we were unable to make any major outreach initiatives in 2005, but we did try to keep up with as many things as we could. 15 e Parades Participating in summer parades has become a fun-filled annual activity for us. Last year, we were in the Tower Days, Blue Herron Days, and Fetes des Lacs parades. We handed out thousands of flyers telling parade attendees when they could see the parade on channel 15, along with hyping our news program, City Scope. We also pelted innocent observers with a wide variety of confectionary treats and this year we also handed out t-shirts. While staff did not participate in the Blaine parade, we did serve as judges for the chili contest and we covered many of the Blazin' 4th events for City Scope. All four of the parades were videotaped, as well. . Website The website continues to be an important outreach tool. Through it we are able to publicize the program schedules for channels 14 and 15, keep people updated regarding events and news, and answer most questions people have regarding the facility. It is updated on a weekly basis. . Tours Tours remain a popular service provided by North Metro Community Television. Michele has developed a fun learning experience for the legions of scouts and other groups who want to see what a television studio is all about. When they arrive, she spends an hour or so with each group, showing them the facility, helping them make a channel 15 promo, letting them push buttons, and giving everyone a Channel 15 studio pass to proudly wear and take home. Last year over 300 people were introduced to our facility via a tour. Based on the thank you cards she receives, I'd have to say the tours make a very positive impression. . Flyers and PR Kits We continued to send playback flyers out with the guys on van shoots. The flyers advertise when the game, that is currently being taped, will play back on channel 15. We also produced some new PR kits that contain general information regarding the services we have to provide. The kits are handed out to prospective students, tour participants, and came in very handy during our open house. 16 .~M.::c..::e~,::f(~~A\lLt?$~);~~~1Jl~~~~~~Ji~ We work very hard to provide valuable services for public producers, interns, viewers, and the seven cities we serve. In 2005 we expanded the services we can provide to cities, exponentially. We had offered some computer assistance in 2004, but in 2005 need for Rose's networking, computer building, and Scala expertise reached an all time high. Meanwhile, many cities began having problems with their video production equipment, or were considering equipment replacement options. Our Video Engineer, Rick, became available to do as much troubleshooting, repair, and equipment replacement consulting as possible. And finally, our primary goal of assuming all program playback responsibilities for our seven cities became a reality. . Computer and networking services As you may recall, the Commission sent Rose to school to become a certified Microsoft Systems Engineer. A big goal of ours was to offer whatever computer assistance to our cities that we could. Below please find a summary of some of the highlights of the year: o Diagnosed and repaired an ongoing problem with the Lexington Scala system. o Resolved server issues for the city of Circle Pines. o Resolved problems with the Centennial Lakes Fire Department system. o Attended a Scala training conference (this is the graphics computer system most of our cities use to post bulletin board information on their government channels) and became a certified Scala dealer. o Addressed a Scala power supply failure in in-house kiosk, set up Scala network, installed software, routed programming, and installed KVM switch for the city of Blaine. This resulted in savings of $6,000 for the city of Blaine by moving Scala maintenance from a contract service to an in-house service. o Set up new staff server access, configured print server, and set up printer access for the city of Lexington. o Consulted on, built, and installed an upgraded server system that included Scala, databases, networking switches, back-up system, and rack and cabling for the city of Centerville. o Repaired a computer for the Centennial Lakes Fire Department. 17 a Provided Scala training, and helped with problems that developed from Scala/Scan dual computer use for the city of Centerville. a Replaced a failed power supply for the city of Lexington. a Took down the Ham Lake Scala computer, due to due to city hall construction, and re-installed temporarily at the North Metro Community Television master control. Updated information on the Scala system for the city of Ham Lake. a Troubleshot computer/network problems for the city of Circle Pines. a Figured out why extended keyboards were not working for the city of Centerville. Changed software setting so they would work. a Troubleshot various glitches with Centerville, Lexington, Circle Pines, and Centennial Fire Department systems throughout the year. a Built and maintained all of the office computers, network, and editing and graphics computers at the North Metro Community Television facility. . Video equipment services Whenever one of the cities experiences a problem with their video production equipment or signal Rick is dispatched to help in any way he can. He has successfully advised cities regarding new equipment purchases, done light equipment repair, moved and rewired equipment, and worked with Comcast to make sure that each city has the best signal quality possible, on their government channel. Some of the major projects Rick worked on in 2005 are highlighted below: a Adjusted camera and audio levels, and set things up so Lexington could go live with their meetings. a Troubleshot low audio levels of signal going out to the cable system for Spring Lake Park a Reviewed a vendor proposal for the installation of new AN equipment in the council chambers control room and prepared recommendations for the city of Spring Lake Park. a Troubleshot audio levels of signal going out over the cable system for the city of Blaine a Evaluated camera video level problems, adjusted camera levels, readjusted camera set-up parameters, and made suggestions for improving lighting during tapings of meetings for the city of Blaine. a Adjusted cameras and serviced a playback deck for the city of Lexington. a Repaired video line from CG to cable converter and repaired broken video connector on chamber monitor video feed for the city of Ham Lake. a The cities of Spring Lake Park and Centerville were concerned regarding a delay between their audio and video signals. Rick 18 explained that it was the result of the new digital equipment installed by Comcast and would not effect their recording or live meeting appearance. o Met with Centerville staff to discuss options for streamlining their video equipment. o Served as project manager for the Lexington equipment upgrade. o Is currently working with Blaine to make equipment upgrade recommendations. o Fixed audio buzz for Circle Pines. o Examined a proposal for NY equipment for a training room in the new police headquarters. Worked to bring down proposal costs via equipment recommendations and by offering to install equipment himself. o Designed layout, tore apart, moved, and re-wired NY equipment in Centervillecontrol room o Revised Spring Lake Park proposal to include a video projection system. o Evaluated audio feedback problem at Ham Lake Senior Center. Made recommendations for repair. o Dismantled, moved, and inventoried Ham Lake equipment during city hall construction. o Placed order for new Ham Lake microphones and stands. Made 10 25 foot audio cables. o Received Lexington's new equipment and did as much pre-wiring as possible. o Troubleshot microphone problems for Lino Lakes. Ordered new microphones. o Prepared Ham Lake Senior Center so it could be used as the temporary chamber during city hall construction. o Readjusted Circle Pines camera in council chambers that had been dislodged by painters. . Master Control services One of our primary goals for 2005 was to assume program playback responsibilities for our cities' government channels. We put a lot of thought into developing a server-based master control system that would give us the power and flexibility to handle this major undertaking. It was important to us that we be able to reduce the equipment and staff investment that cities were previously required to make to get their meetings out on the channel. While the acquisition expense will never go away for cities, the cost of programming the channels can now be minimal. The first step was to assign scheduling and encoding responsibilities and to establish a procedure for maintaining the channels. Michele contacted each city, created a schedule of all the meetings requiring encoding, and 19 programmed the software to perform the necessary functions. There were a few bugs to be worked out, but the transition was relatively painless. We currently play back all recorded meetings and any municipal specials specific to each city, including election related programming. As we increase our server numbers we will be able to expand playback on the government channels at your request. Below you will find the statistics regarding numbers of programs played and hours of programming for each city channel. --~--_.----.-----~-.-. ..---------.----.--.------.-----...---------1---------..-_________.__.___.________.11 I City I Number of Times Programs i Hours Programmed on I. ! Played I Channel r-----------:--------.- r---.----.----...--------------------------------------------1-----------------------;----:--------.------.--- - _ Blaine i 2,246 ! 3,413.30.22 ,----..-.-----.,-^-..,~~-~ l'.-----".,~-----~'".---~''"--'-_.~-~- ...~-,-..._~---....~----.~_.".~----~- "-~-~-~.~_.-----~-----.~----,.,,.~.-.-.-- I Centerville .. i 295'- I 593: 19:07 ,-----______"____ ________.__._...___________..___________._.___.____..._.____..._e-'____..___ ~.-------.-.--___-.---__.___.____.___ Circle Pines ! 1,6981 1,956:17:51 ,--Ham lake------ !.------------------.-..o...-------------- r.-----------o----------.-------- r-----------.----- ..-----------~---.-.-----.-------------------. r--------..-------------------- I Lexington I 974 ! 511:53:54 r--i. .-.----------. ,---.------...-----------.----------.------------ .-.---.----------------.--....-- I Lino Lakes I 413 I 599: 10:43 _ r;:----.------------.-- ---.-...~---...---.----..-----"'----._------..--------------- ,.---------.------------------------ I Spring Lake Park I 91 1 223:18:40 l----------Tota's:- r---5,717 -Program..Playbacks..------ [-.-j~297:30:37 Hours ()f--- I I II Video Programming on I! Channels ~~.M~~~)~'*jl<!5~sr~~~~~~F~~~~~,'l:1."'t"~'}~~W.a.f~~~~~~17.ia';!l~l~~'W~w~~'~~JID..~~l'~~~~~e:.~"''OO$'(i,~,~~ '~~~m~~iI:.{~~~ In addition to general oversight of the community television operation, in 2005 the Commission concerned itself with wrapping up two rate review challenges, putting the finishing touches on the new facility project, and keeping an eye on the growing number of state and federal legislative initiatives focused on removing local control over video franchising. 20 RaTe RevIew A bit of background from 2004, will be helpful in understanding the results of the challenges the Commission participated in. The first pertained to the methodology for reporting non-subscriber franchise fees and the FCC regulatory fee, and the second the rates Comcast proposed charging for equipment and installation, related to basic 1 service. As they do nearly every year, Comcast filed two FCC forms, a 1240 (programming services) and a 1205 (equipment and installation rates), indicating to what level they intended to raise the maximum permitted rates for basic cable service, installation, and related equipment costs. The Commission was charged with determining whether the proposed rates were justified. The Commission chose. not to do a substantive. review of the form 1240. However, related to the examination of the FCC form 1240, which is used to support Comcast's proposed maximum permitted rate for basic 1 cable service, the Commission chose to examine the methodology utilized by Comcast for charging subscribers for franchise fees paid on non-subscriber related income, such as advertising and shopping channel sales. In conjunction with several other area Commissions a consultant was hired to examine the methodology. After a great deal of deliberation and examination the consultant recommended requiring Comcast to include non-subscriber franchise fees and the FCC regulatory fee as a part of their annual form 1240 filing. The primary justification was that the FCC form 1240 already contained a process for trueing up costs and receipts, and that it would make reviewing these costs easier for the Commission going forward. The Commission adopted rate orders that included the recommended change for determining non-subscriber revenues and the FCC regulatory fee, and Comcast, as expected, requested that the FCC decide the matter. In the end the FCC did not decide in our favor on the non-subscriber revenue issue, meaning that we cannot include non-subscriber franchise fees in the form 1240. The FCC did, however, decide in our favor on whether the FCC regulatory fee should be included in the Form 1240. The second part of the Commission's rate review responsibility included an examination of the FCC form 1205 that was filed by Comcast. This form is utilized to justify proposed costs for equipment and installation charges related to the basic service tier. Because Comcast determines these costs based on national averages and not on the actual local costs, determining whether the charges were justified was very difficult. As such, the Commission joined a national examination of Comcast's costs. Comcast felt that some of the information requested by the consultant was not necessary for determining the costs, so they petitioned the FCC for relief. According to our consultants there was justification for a refund to subscribers. 21 They identified quite a few issues, and, consequently, issued a rate order that estimated Comcast would have to refund approximately $5.00-$6.00 per subscriber (not taking into consideration possible refund offsets, whereby Comcast may be able to deduct any undercharges from refund amounts, and franchise fee repayments). Comcast then appealed our 2004 1205 rate order to the FCC. Things would have sat there, possibly for two or more years, until the FCC made a decision regarding the validity of our rate order. In the meantime Comcast approached our consultants to ask if their clients might be interested in considering a settlement of the Form 1205 2004 and 2005 issues. Comcast offered the following on the outstanding 2004 Form 1205 rate order: 1. $2.50 per sub refund with no offsetting against any possible undercharges. 2. They would not require us to repay the franchise fees we would owe them on the refund amount. This would bring the total dollar value of the settlement to about $2.63 per subscriber. For 2005 and 2006 Forms 1205, Comcast would agree to adopt most of the adjustments the consultants made to the 2004 Form 1205, which adjustments were included in our 2004 Form 1205 rate order and Comcast would modify the way they estimate installation times. Once the appropriate adjustments were made, to the 2005 Form 1205, the consultants estimated that some refunds would be owed to subscribers. Comcast has agreed not to offset any refund liability against any undercharges. If the se,ttlement agreement were to be adopted Comcast would agree not to appeal any rate order the Commission may adopt concerning the 2005 FCC Form 1205 that was consistent with the settlement. While there were pros and cons to accepting the settlement deal, the pros won out in the end. Agreeing to a settlement meant that subs would get a refund right away for the 2004 Form 1205, and in the near future for the 2005 Form 1205. This meant more people who actually paid the higher rate would get their money back, as opposed to people two or more years from now getting it after all appeals are exhausted. We also wouldn't have to pay back the franchise fees we would have owed the company on the refunded amount for the 2004 Form 1205. The outstanding Form 1205 issues would be settled for 2004 and 2005 through 2006, saving the Commission consultant and attorney fees. And it would provide some regulatory certainty going forward. Both our consultants and our attorney, stated that while it might not be the greatest deal, it was a very good one, and was one of the largest Form 1205 settlements since the inception of rate regulation in 1992. I believe it was a big win for our subscribers. Fmal BuzLdInej Issues The majority of building issues were resolved in 2004, but as is always the case with a project like this, we had a few projects left to wrap up in 2005. 22 . Set Construction Building the sets ended up being a much more drawn out process than we ~ anticipated. After the concept and design stage was completed, the actual . construction was subject to the contractor's schedule. Staff did as much of the work as possible, such as ordering and picking up materials, painting, and sanding, but you cannot, apparently, rush art. Eventually, we were the proud owners of three distinct and versatile sets. They included: a permanent City Scope set, which could also be altered slightly for other public affairs interview programs; a permanent Sports Den set; and a changeable general talk show set which included a moveable riser, various back-drops, and set pieces. . Signage As it turns out, it is also quite difficult to have a sign placed on a building. The relatively comical chain of events included scheduling the sign production and installation, designing the sign in a font and style the company we had hired was not capable of reproducing, finally figuring out how to reproduce it, getting a permit, getting the company we hired to erect the sign to become licensed in Blaine, and the actual ceremonial placing of the sign on the building. There were tears. . The open house After all of the work that went into making the new facility a reality, it was a real pleasure introducing it to the general pUblic at our open house on May 1ih. We mailed over three hundred invitations and letters to city council members, teachers, city staff, volunteers, and organizations in our seven communities. The event was also publicized in city newsletters and websites, on our website, and on the community bulletin board. The event couldn't have turned out better. We had well over 200 people drop in throughout the afternoon and evening. Our visitors were given a tour of the facility and informational PR kits that highlighted all of the services we have to offer. 23 LegzsLaTIve ACTIvny There are a growing number of legislative challenges to local authority over video franchising. As telephone companies try to enter the video market, they continue to attempt to sidestep local franchising obligations, by lobbying for changes in regulations at the state and federal level. The Commission is keeping close tabs on events as they unfold and has issued several resolutions encouraging Minnesota legislators to carefully consider the impact such changes would have on local government, community television, and cable subscribers. SubSCRzheR GROWTh The North Metro suburbs, overall, continued to experience cable subscriber growth, in 2005. Two of our communities with limited ability for growth had a loss of subscriber levels, but the majority of communities saw steady growth. This can probably be attributed to customers' preference for bundled telecommunications services, and the continued high level of new housing development in our area. According to subscriber numbers reported in December of 2004 and December of 2005 levels changed by the following percentages: - City--.----.! 2004------ 1-{2I31/04-- '-%-----.--- noos----.---12131/0S----I--o;;------.. r'-% sui)""' I Homes I Sub Level I Pene- I Homes I Sub Level ,pene- I Growth Mrktbl! i tration I Mrktbl . I tration i ------.... ~---.._-.--r_-......-..----. ~-------- r----.. ...---- r...-..-----.--... r.------.-I.-.--...- I Blaine i 19,744 i 10,119 1 51.25 t 20,698 ! 10,839 ,52.37! 7.12 I Centervllle-I-1,396----.. 1679-------.-- r 48. 64--..--11A22. ------. r-i2S---'--"--' r-Si20-'-" rT22-' r..---.-----. ..-.-----.-.....---. ..--.-..----.--.-.-- --'.'---'-'-"" ..-.,.-----.-- [-.-----..----. ..--.--.... .......-------- C!rcle i 1,949 i 1,104 156.64 \2,141 1,136 153.06 12.90 I Pines Iii : I I i r------~-----~-.. /-- '.--.-'-.-- _,_--~-","'" r.------.-~------~----.--. ___,w.._,.____,________ r--~~---._.~... '.__.b'_ r-----.~._~-~-_.~.~.,;'--,.. ~..-.~_.,,---.."-.-. i-~---~--_.-.-- i Ham Lake i 5,098 ! 2,430 i 47.67 ! 5,248 ; 2,543 I 48.46 ! 4.65 r--'---. -~---.- ,..--.------..--...... '-...-----..-----.. ..,--.-..--....--- '. -"---"--'--"-'''-'''-- ,------.----.--..-.- ....-.---.--...-. ..---- Lexington i 952 ! 419 I 47.67 i 958 . I 403 I 42.07 I -3.81 r------...--.-.---....... '..--.--------,.~-. ---.---.--.-,------ .--..-.--.-.-. ..-.- ~--.-.--_---..-.--..m. ----.--.--.---..--.-.-..-------..----.... ,-.----- ---. Lino 1 6,353 i 2,859 I 45.00 i 6,617 i 3,073 I 46.44 ! 7.49 , Lakes It! I I I ! r-----..........--.--. -~--.--...--.---- ,--_..-.-.--------.-..~.-" '. ......------------.. r--....-...-.--..--...-- r-....--'.--.-.-.----.. ,-------.-....-. ,....----..- Spring II 2,939 ! 1,430 I 48.66 I 2,972 ! 1,423 I' 47.88 I. -0.49 I Lake Park i i I i I i WJ;;l;~,..;;~'tli&!"~;:;f:.,~~~'"::';:_;;.&r.::.,:'<'~F""'~~~-t";a.'t~~:.r..;{,.~"5':-,.~.'2t,-~<.<!U;,":;.~~~l:.'.:.;,-'!;'i~.:~2~'_,!,"~W-,~~,j';;-..-;;i~r<..'I,.~.;:::~.~~;:oA;.{~'.:::o_'3'2>__:.ro:~......'.i~:-'C~~....~,;::~~...,.,,..;_'?<:ic~"';;.$_S"'..i~~~~,~~_.;:.:e'L~~.:s>:-~.i.;!".:::'..f!:'i:~X~.a.-::ii'E;.<P__~~,,":,~."t~:.c-:':;i;~~~~~ These figures represent households that subscribe to video services and does not take high speed data or phone service into consideration. As the Commission cannot regulate those services statistics on them are not provided. It should be noted that all of these figures represent the day on which they were 24 tallied. It is difficult to know the exact number of subscribers on a day-to-day basis, as it is always changing. All of the information provided above is considered proprietary by Comcast. It is provided for your information because you are the franchising authority. It is not to be shared with the public or competitors to the cable company. .".:..~~~~~ For us, 2005 was an exciting year of transition. We increased the services that we provide to our cities threefold; had the most productive year on record, for production staff, who increased their total number of programs produced by 45 shows over the previous year; introduced a second 24-hour-a-day public access channel to our playback schedule; and performed a complete digital upgrade to the equipment in the truck. Our only regret, is that some of our outreach efforts had to be put on hold, which we feel played a role in the reduction of programs produced by the public utilizing our equipment. Of course, as the year progressed we recognized the need for renewed attention to our outreach efforts, and took .steps to address it. The 2006 budget included funds for an additional full-time employee who will be dedicated to community outreach and other promotional responsibilities. I believe that this report demonstrates that the community television staff are aggressively working to meet the changing needs of our communities, and continue to provide very responsive service to the cities and citizens we serve. We look forward to reaching all of our goals for 2006! 25 Cll NroNcoaIDN~~r--NOClF; -.:s:~"d:~U1~~::OLO~~~;':;- COON~coaoco('t)('t)OCloc:;t ~_~~T"""NC")V~gCDLC'J~ ~~~~g;~~~~~~~~ ~N~f'-.",,"NT""""C"'""comcx)LOr--- ~ T""" ~ (t) ~ v ~ CO') ~ N N"'" ~ ,_:" il Il) .:K' o ,;~' ~-~" "';~ "," ~ ,.<<t' I- :;{. ~ t~ ~~~~~~~~~~~~:~"- __LOQ)CX)NO'f'"""<O('l")v",",LO ~ ~ ~ ~ ~ ~ ~ pj g ~ R ~ ',- N~ ~~~~g;~~~~~~~~J r! ~ ~ :2 ~ g ~ ~ ~ ~ ~ ~ ~ :~, ~T"""~V~LO~('t)~('I');1;m~ ;!{ '~8g8gg558~~8~8i~: ~NcC..o~Mr--:~g~cx:icO~;>: NNT"""T"""('l")Mv . 'CO <DN"!1c; ~~ ~~ T"""~ ci c:: w ~ z w o <( is w :E o c:: ~ w :E J: ~ o z it) <:) <:) N In (,) :;:: In :;:: CI:l - en c: o :;:: (,) :::J "C o ... Il. ~. ,y i S II) (J)t/)(J)ocncn ~~8~~B ~~t5~~:: /;:~g:sffi~:g~ :~tA:o:a>(/) C .!:!::>Wo5~.2 ~e ~oz~ ..a. m:I:_ B ..aQ)O -~. ~~Q) a Zm.Q > ~g c: z o n :I "C o ~ o It Lll o .r; l! o ~ North Metro Telecommunications Commission 2006 Director List and Vote Distribution '" j--.--..City------- !-----.--~---------Di;:~~to~-.------.-.- r- Sub~rV~te DistribUtiO-;---; rBJ~ine----------.---- rDi~kS;ans~n--------.--.-.. ----~--.---.~-.-- i 10,839 Subs II I i 9136 Harpers Court i I ! [ Blaine, MN 55449 i 5 Votes ~ ! (II) 763-784-9429 ! ~ I ! (W) 651-296-3120 i I I 6 I ~ i i Fax: 651-296- 135 , I I iE-mail: dswanson@Ci.blaine.mn.usll .' [=-=~=--=== C==-=--==~=.~=-===~=~.=-==~=[---'-.=~~-____________: I Centerville I.! Michelle Lakso ., Ii 728 Subs I' i I 1850 Houle Circle , J! , ! i Centerville, MN 55038 i 1 Vote I ! (II) 651-407-1423 I I '. I E-mail: mmlakso@yahoo.coml.. r~n_--_'__-~-~-~.~~~~-_ r-'~~.----""--~-_._-~---'-----"------~---"--~-'--~~-'"'l-.---~_'_n.__~_'_~_'~<"_~___ , I! \ . r-----.- ~---.-.--._-_.._._-_..------.-.---- -.----..-.--.-------, I Circle Pines I Deb O'Brien, I 1,136 Subs I I 260 Tanner Court i I j Circle Pines, MN 55014 i 1 Vote I I (H) 763-780-2350 I I ! E-mail: dobrien@ci.circle-pines.mn.us : r------.----.----j--..------------ I i ..ILak.-~~r~:~~::;~:n~---G::~~------- I I (II) 763-413-0825 i i i (W) 651-490-6756 i j ! E-mail: diditheo@aol.com I ,---------- r---..---------..-.----.--.~--.-.---.-.-.'-----I-.-.-------.---.- I I , fLeiiIigton -----.---- ["h~k-PlaSch ---.-----.----.-------- r03 SUb~------- ! I 3812 Lovell Road I III i L.exington, MN 55014 I 1 Vote ! (II) 763-786-7348 I ~---._--------------- r-.~--_.----_._....---...---.----------.----. r---.----------- I! I rLino i-;kes ------.-.- rDan Tesch -~_..-.---..--------------------.-------- r-'3,073Stibs--------------'----~ 'I I , ! 1 600 Town Center Parkway i I I Lino Lakes, MN 55110 i 2 Votes I,' I (W) 651-982-2404 ! \ dtesch@ci.Iino-lakes.mn.us I ,------.----.----.--.--- r----..-.-.----..--..---.....-.-......----..-.....--...----.----"-"'-- ['------..----...--...------.-.-.---- c Ii! ,--.--'-'--'-- !-.------.--.--...-..---...--..-...----..-....-..---.----.---. r-------.--------------- i Spring Lake Park I Harley Wells i 1,423 Subs I I 614 Maple Street NE I . I ! Spring Lake Park, MN 55432 i I Vote I I (H) 763-784-2949 ! I ! (W) 651-450~9020 I I i HweIls@bellmd.com , I M 27 North Metro Telecommunications Commission Operations Committee _>.n____.______._._.->_.~_ ,___._____.._._....._...__~______..__...___.____._._...__.__. ij i City I Committee Representative ~ f-Blai~;-.----------- iR~afk-H~~er--------------~--~--..---1 ! i 10801 Town Square Drive NE ij I I Blaine, MN 55449 i I i (W) 763-785-6192 I , lh @'bl' ~ i i r aver (. Cl. ame.mn.us ~ .r---~--~---~----~~'-'---~- r."-~-'--'--_.~-_._-)..---~-.__.._._-~_.---_..-'__L~_.--.--..-, --~---..,---- ~ 1 I I ,. 1!i 1-.-.--------..--.-. ,---.--.-----.....-.---.-'.--.--...---.---.-----..--- ~ CenterviIIe I Dallas Larson, 2006 Commission Liaison I j I 1880 Main Street I I' I Centerville, MN 55038 ! I (W) 651-429-3232 ! I dlarson@centervillemn.com - - ___._._________.___I___.__._.__..c..->_.~__::_-.------..--.-.-_________1 I. ~ , I I-------.-~-.--.-..-...---. r-------.----.--.--.-----.---. .-----------.-----.-.---.-.- --....----- I Circle Pines -j Jim Keinath . I 200 Civic Heights Circle I 'I' Circle Pines, MN 55014 I I (W) 763-784-5898 I jkeinath@ci.circle-pines.mn.us r-----------------I.--.---.-----------.-----.-..-....--...---------..-.---- I Ham Lak.~--r &~~;,;:~~3:------~~ Ii (W) 763-434-9555 I dnivala@ci.ham-Iake.mn.us I '-~--'---r-------------' r---------.---"--r--------~---------.-.---------._.------ Lexington I Mike Delmont 4175 Lovel Road, Suite 140 Lexington, MN 55014 I I (W) 763-784-2792 I I i lexingtonmn@comcast.net ________._._____........__._____ ;._______c___..._____.____________._____.____________..______ ._ I i ~ r.ii;;i-;ke;------.--.-- (D'~~Tesch ------.-----------..-.--.--------.---.-1 I ! 600 Town Center Parkway I i Lino Lakes, MN 55014 i I I (W) 651-982-2404 ~ I i dtesch@ci.1ino-lakes,mn.us I rr-=~~=--~===~~[=.:=~.~~~-~:~~~===-~~~=~.~=~=..--:====~ i Spring Lake Park 'Barb Nelson ~ ! I 1301 81st Ave. NE ~ i ! Spring Lake Park, MN 55432 ~ I ! (W) 763-784-649lr~ ; ! bnelson@ci.spring-lake-park.mn.us ~ k{;;"'~~C'......,?-.:;~:-2;>;;~:',.~:::;"_':'i.Q;5;.~~~""':;::~;,;,?::;'.:ItZE'i1:~:>;;_::."',~r.-.ll~w.:'::;,'i:..,;:.'.:,~~,L-;_i:~_;,'-~'''',~;o:i';..::.::%~i-:~;<'i~ot.::'_::.;1t~~-li"'il~t.Ifc;:,,..1.<::i."'.:::1i;~~:;~:1'..s.~':'""..:;:<'!'~'?,{:(,:"\:7~.,.~i 28 North Metro Media Center 12520 Polk St. NE., Blaine, MN 55434 Main Phone: 763-780-8242 Fax: 763-780-8242 f---------------~-----.------------- r-------;--;----.-----------.------------------- i I Name i PositIOn Contact Information ~ ---------..------------.-----.----.- ----.------------------------------------ .-------------------------------------.----------------------.--.--.-r-- ~ I Heidi Arnson I Executive Director I Phone: 763-231-2801 ~ i i I E-mail: h-arnson@mtn.orgll r~---~~-_..~.~-'----~-~----<~.--'-~~_-._-. '.~'-~-------------- .-'-'--I"-~_,~.-~...-_-~'---.---~-- i"-~-_ ~_.-,.~-"-_._----..-~--.-'-~,.~~---'~--~.~..-~-_.-~-._,-----~~.- ." ! Ii. !Rose V alu--------- nT E~ii~e-~/A~in. -Asst. ---I Ph--;~~~-763-231--=2808---------- --.------- . I I I I iE-mail: rva1ez@mtn.org I r---=-=~=-==~~~-=.-~= L===.--..---=~==~==.-==~--= C-=~=-~--_ --_ --.===~--~---_~~=====--~~~-.~.:==~=== II I Michele Silvester I Membership/Programming 1 Phon~: 76~-231~2806 _ i '- I Coord. '- I E-mail: mlche1el(l:V,mtn.org '. ~--=~~--==~===-===== C~==~-=~~-~==~===-~= ~-o--=~=~=====.-=~~-====~-==~~==.~~--~~=~= I ! Kenton Kipp ! Sports Director I Phone: 763-231-2802 I I ! E-mail: kkipp(l:V,mtn.org ,---------.---.----------- (----------.--..-------------.---. I--."---------_._---------------------_._~----- I I I ---.------------------ r-;------------ ------.---.---- --------- --.-------------- -.------------.- - - ----- I Matthew Waldron I Sports Producer I Phone: 763-231-2809 Iii E-mail: mattrovwa1dron@hotmail.com r-------------------------. r-------..------------------ -------------------.-----.--.---.------. . ; ! ~-------------------.----- r---------.------ ---- r--------.-----.-.--.------------------------------- I T.J. Tronson - EducationaVSpecia1 Projects I Phone: 763-231-2807 II Coord. l E-mail: tinctv(l:V,mtn.org ,-------------------"--------..----.--------- r--------------------------.-.---.-.------- I I I ------------------ ,----------------------- [---------.-----------.-.------------.----- I Rick Kocinski -II Video Engineer I Phone: 7_6_3_ -2__ 3_ 1_-2804_ ! . I E-mail: rkocinski@mtn~org r.--.-----.-------.---~---.--.-------------.-------I-------..-------------------.---.--..----, 1__ .-------.-------,---------- ,-.-----------------------. r---------.-----------.--.-------.----------------.- i Ben Hayle I NewsIPub1ic Affairs Producer I Phone: 763-231-2805 I 1 I E-mail: bhayle@mtn.org i-----.----.--------------- r------------------------------.-------- r------.------------------------.-----.-----.--.---.------ I I i f--------.--.----.-----------' r------------------...-..--.- --------.-----.- r-.------...----------....---.------.---.----.-------..------.--.-----0--- i Danika Klyve i NewslPublic Affairs Director I Phone: 763-231-2810 ._ I I iE-mail: danikak(l:V,mtn.org I j-.-------.-------.--------------. r--------..-.------.---.--------.---------------. f---------- .-.-----..---------.------------.-..------.------------1 i i! ~ ----.---------.---------.-- ------------ ,-.-----------------..-..------- -.------------- r'--'- -------.-----0-.------------------.--.---- ----------------- -.--------- ~ I Joel Knudsen I InstructorlProduction Asst. ! Phone: 763-231-2803 ~ I I iE-mail: ioelk(l:V,mtn.org I i-.---.--".--------,..--'~--~-.-~--_."-~.-~- r..-..---~.,--~.~--~_.-"--'~--.,~..'"--.-~..---~----------~-- i--.---.----~-~-.-~---------v--.-.--~----~--~h..-.---~-.-..._<__k___._,. , ! I I ,-----------------.------. r-----.--------------~---------.- ,--------------------------------------.------------.---.---.-----.-- I Damian Kussianj Outreach Coordinator i Phone: 763-231-2811 ~ i ! I E-Mail: damian(l:V,mtn.org ~ ~i;.-..t~~-:;':nt.;:z-~.;;:~1._,,;.~;>:::."13;C'i.C,['l,;J_~>;-~<:.:;~,,~""";i:'l!~j.::..~1,?,'".=,;,O'O:~~_::._;:.~:;.z'.w_.;."'.:;J:.j,':J;:-'..:::;'r~~'.':.~.7~~_.:;,;.'<_1.~~r,:';;~':';,.~:".;."'..tJ,;':::-~~;;~.:.l<;::"'~~-;':;,;.:c.<~:;~~::ii<:~~'!1;:~..~~-,_1::;,,:;~:,-::;{f.'~):'.;/\~~SJ::'c;,.'""::.:~i:'tJ.~':.;.';_:::;~.~";','r1:,.;;~il:~'!;~;'!<~'4"'!;~1::;>;r~,,!.:~~~.""'.:<::~~.':~i~,;\I!.'::...i.,:1:;F.m;~i::..~'~.:"ji_1_::~m 29 ~ ' ,~', ,llJi~~"tne"'STaff~',',:~@m6 " , ;,~":;:{ , ~ , y" , ~'. ,~~~ ~ " - - - ' I,~ '"" ~ _ _ _ 30 · Day-to-day management of the Community Television facility . Annual budgeting . Long term planning · Monthly and annual reporting · Franchise administration .. . Handler of complaints · Keep abreast of telecommunications legislation and issues · Write minutes for all meetings · Start date: September 26, 1986 as an instructor for Cable N North Central · 763-231-2801; h-arnson@mtn.org · Builds and maintains computers for the Community Television and Cable Commission operations . Network administration . Builds and maintains city computers when possible · Network administration for cities when possible · Builds and maintains editing and graphics computers · Researches software · Certified Microsoft Engineer and SCALA dealer · Financial reports and billing · Orders everything we need . Start date: October 18, 1999 · 763-231-2808; rvalez@mtn,org 31 . Preventive maintenance and repair of Community Television equipment . Preventive maintenance and repair of city equipment when possible . Consultant for cities regarding equipment replacement plans . Long term equipment replacement planning for Community Television facility . Start dote: November 5, 2001 . 763-231-2804: rkocinski@mtn.org . Produces the weekly news program City Scope . Produces municipal specials . Produces election related programming . Works with the Lino Lakes Police Deportment to produce LLPD Roll Call . Long term departmental equipment planning . Supervises on assistant . Supervises and trains interns . Assists other production stoff when necessary . Start date: October 4,2004 . 763-231-2810; danikak@mtn.org 32 . Assists with the production of the weekly news program City Scope . Produces municipal specials . Produces election related programming . Works with the Lino Lakes Police Department to produce LLPD RollCall . Supervises and trains interns . Assists other production staff when necessary . Start date: May 5, 2005 . 763-231-2805; benh@mtn.org . Produces high school and community athletic association sporting events utilizing the production truck . Produces community events such as parades and pageants utilizing the production truck . Produces the weekly sports-wrap show Sports Den . Routine maintenance of the equipment in the truck . Long term equipment planning for the production truck . Supervises an assistant . Supervises and trains interns . Recruits, trains, and supervises volunteers . Start date: May 10, 1999 . 763-231-2802; kkipp@mtn.org 33 . Designs graphics and animations . Assists with the production of high school and community athletic association sporting events utilizing the production truck . Assists with the production of community events such as parades and pageants utilizing the production truck . Assists with the production of ~ports Den . Supervises and trains interns . Recruits, trains, and supervises volunteers . Start date: July 2, 2002 . 763-231-2802; mattroywaldron@hotmail.com . Works with the schools to produce programming . Produces Schools in Focus with District # 11 . Produces Anoka County Boord School District # 11, and Commission meetings, · Produces special event programming such as concerts in the pork, safety camps, political debates and forums, and other event programming . Departmental equipment planning . Trains and supervises interns . Start date: May 24, 1990 . 763-231-2807; tjnctv@mtn.org 34 . Monitoring and maintenance of two public access, seven government and three educational access channels . Updates all data channels . All program scheduling . All program processing . Program encoding . Program dubbing · Prepares playback schedules for website . Maintains membership data · Produces monthly playback statistics for reporting purposes · Liaison with public regarding playback schedules · Start date: March 1, 1999 . 763-231-2806; michelej@mtn.org . Teaches video production classes to the public . Assists the public with production problems . Checks out equipment to the public . Assists other departments with video production or master control responsibilities as needed . Assists with tours · Produces programs as time allows . Start date: December .11, 2000 . 763-231-2803; joelk@mtn.org 35 . Coordinates publicity events such as open houses, presentations to clubs and organizations, parade participation, and general informational appearances . Produces video promos . Conducts tours and teaches the intro to community television class . Develops and markets a paying sponsorship program . Develops and maintains contacts with local newspapers, city newsletters, and other community print publications . Creates promotional spots for paying clients . Maintains and updates website . Coordinates annual volunteer award ceremony . Publicizes staff productions . Recruits interns and volunteers . Start date: January 17, 2006 . 763-231-2811; damian@mtn,org 36