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Home My WebLink About2002-10-23 CC Packet CITY COUNCIL MEETING vi CALL TO ORDER 1. Roll Call APPROVAL OF AGENDA \ .i Wedn~day, October 23, 2002 \L\,!'",(),;{,~O PM/ '~ pm \,J"I lV f :'I;'j j i iyj "'II I, ,', ~,{ ~"'J (' '~,/ vi ill. AWARDSIPRESENTATIONS/APPEARA ,S 1.- Ms. Katie Neuman - Hair uPdate60sed Ord. #70 & 71) .r.1D ~, ~ ,~ IV. PUBLIC HEARINGS tv :</-0 '1 ?\~f:,(u:.ti"~../'<'0 tv"~ ~1:~ -Iff? '>lw' """" ,~ 1. Iv,tfo Proposed Ordinance #70 & 71 (Continued from Previous, Meeting) ~ ,JyJPf'l'V"~; " 'pS'Proposed Ordinance #73 (Cable Television Franchise) Vokiw.(fJt~ {' ""'fY'Cf~i.d.:- 3. Mr. ~ Mrs. John Buckbee ill - Re-zone Request (Cancelled) , ,A d ' 'Ib NtI'>c7'-/C?"" 11J r;e-.:R afty (..c' Pa'j u ttf,/ ,hi? [i ?lk/:e ,~" a , COUNCIL BUS~SS Pv.u"- " , ,I' , , , . i/u:>>~/~~ lK.', Water ~ervlces at Pu~c W~~ks - ",JOc""J Ot"'ts - ~tCIiLVYtMJ>'~ iLf~~I'-11' 2. ~~esolutJOn #02-050 - Overslzmg Pheasant Marsh ~roJect Transfer - -rolYl e<~ 3. Resolution #02-051- Special Revenue Transfers tJ""I4:"-('TY"t<-v,~ , 4. Resolution #02-052 - Special Assessment Abatement (Weber) Vi.-t.Ja:"" /(\7IJJ//;:, , 5. Resolution #02-053 - Special Assessment Abatement (Stevenson) V..ckvw /IY,:;UJ't. So 6. Liquor License Renewal- Updat~ ,,';) ~r,-, v4- (Ia..-~(,.~,.;.c;..~~ ["JC)cLt-d /Il+j , .," VI. CONSENT AGENDA Ve""tfb.IL~~"""" OZ- -Olf'~ (2.l,>c~h.~lr~"fP""V<" v:~' '~U,'-0- F\roc.<.ss 'Worl::-~ :;t'~. r- 2c'^?:' J 1. City of Centerville October 10, 02 througli October 18, 2f02 Claims ~ j 2. Centennial Fire District Claims f'I (y ~v{J 3. Earth Burners, Inc. (Pay Estimate #3) - $14,900.90 \) 4. Purchase of Banyon Data Systems Meter D' te ace Module - $1,295 VB. APPROVALOFCOUNCILMINUTES 1.,~~0~,',0-/ Visa"1.- r..;I:/J J , "rK JY Y l::Jri"t" ~v ~ /f v R ~ \Q,\Yfi. October 9, 2002 Council Minutes ~ t\ ~ / (\ ~ .; J' a.~-tt1;J',/r<{o>' , \'J'\, '" ~ ~ ~f;' -to t.t (/Y"I) I' /\ vm. ANNOUNCEMENTSIUPDATES \ vf7 jXOY\ \VJ,~\~'<lYv /vfJD\ ~J i.,()>>' \b,lCt. "V \!1i). X . " ;Dc ,00 '2.,' / ?i\' 0 7;{f; ..r. 1540 Peltier Lake Drive (Hoeft) II" it T\ 'J \\ " 1-2. Capital Projects (Hoeft) I ~ClC f .a; Right of Way Ordinance (Hoe t) - iAJ~ '" v.J ~ St. Genevieve - Closure of Partial R;d (Goiffon Street) - \ yQ,\J .' ~ \ D~ / ~ ~;: CAu<<d---- e A0" )\-V [\\ c\: ~ IX. ADJO NT L.:"o,1il-Utl_ Vr'" +cta:J!,L \ '~ViJ'o ...~ A/ ./w"t.<-u.. j uti \j\,~\v, ~0;~'V -5'z.,.-, . " V. J 1 , j l STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #70 AN ORDINANCE TO LICENSE AND REGULATE SAUNA(S) AND MASSAGE PARLOR(S) IN THE CITY OF CENTERVILLE STATEMENT OF POLICY The City Council of the City of Centerville deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as massage parlor(s) or sauna(s). Similar adult orientated services operating under different names in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council further finds that commercial enterprises such as the type described above, and all other similar establishments whose services include sessions offered to adults, conducted in private by members of the same or the opposite sex and employing personnel with no specialized training are susceptible to operation in a manner contravening, subverting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close inspection, licensing and regulation. < DEFINITIONS As used in this ordinance the terms defined shall have the meanings ascribed to them. o 2.a:,'i S("~ Sauna(s) and Massage Parlor(s) License - A license issued by the City authorizing the practice or administering of massage(s) or the operation of a sauna(s) on premises within the City of Centerville. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and similar defect so as to constitute a good and sound condition. Massage - The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose. Massage Certificate - A certificate issued by the City to a masseur or masseuse authorizing the holder thereof to practice or administer massage in the City of CentervilIe. Massage Parlor(s) - Any premises at or in which massage(s) is/are performed. Masseur - A male person who practices or administers massage(s). Masseuse - A female person who practices or administers massage(s). Sauna(s) - A steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing agent utilizing steam or hot air as a cleaning, relaxing or reducing agent. Page 1 of 13 i - ,- ".... .. I j DISTINGUISHED The practice of massage is hereby declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and person duly licensed in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and nurses, who work solely under the direction of such persons, are hereby expressly excluded from the provisions of this Ordinance. Beauty culturists and barbers who do not give or hold themselves out to give massage -tref'tmQnt<, as defined herein, other than is customarily given in such shops or places of business .tffi:- ill" jJwpu,,, vrbClluliikalivll amy shall be exempt from the provisions ofthis Ordinance. Athletic directors and trainers who perform massages in the course of any athletic program or event which is sponsored by a local unit of government, bona fide educational institution complying with state or local regulations, bona fide churches, synagogues or institutions of organized religion or bona fide, non-profit civic organizations are expressly excluded from the requirements of this Ordinance provided that the performing of massages is subsidiary to the performing of other services and tasks. SAUNA(S) AND MASSAGE PARLOR(S) LICENSES REQUIRED No person shall engage in the business of operating a sauna or massage parlor either exclusively or in connection with any other business enterprise without obtaining a sauna(s) and massage parlor(s) license as provided in this Ordinance. All licensees must participate in a background check and successful completion prior to receiving a license. < Whenever any establishment ceases to be licensed as a massage parlor or sauna whether through the suspension, cancellation, revocation, non-renewal or lapse of its license, its owners shall immediately remove from public view any sign or display which identified the establishment as being a sauna or massage parlor or as offering sauna or massage services. CONTENTS OF APPLICATION FOR SAUNA(S) AND MASSAGE P ARLOR(S) LICENSE Application for a sauna(s) and massage parlor(s) license shall be made only on the forms provided by the City Clerk. Four (4) complete copies of the application shall be furnished to the office of the City Clerk containing the following information: A. Address and legal description ofthe property to be used; B. The names, addresses and telephone numbers of the owner, lessee, if any, and the operator or manager; C. The name, address and telephone number of three (3) persons and who may be called upon to attest to the applicant's, manager's or operator's character; D. Whether the applicant, manager or operator has ever been convicted of a crime or offense other than traffic offense and, if so, complete and accurate information as to the time, place and nature of such crime or offense including the disposition thereof; E. The names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as and regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating or furnishing or acquiring the premises, Page 2 of 13 L-.._ personal effects, equipment or anything incident to the establishment, maintenance and operation of the massage parlor or massage establishment; F. If the application is made on behalf of a corporation, joint business venture, partnership or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names and addresses of all individuals having an interest in the business, including partners, officers, owners managers, members of the board of directors, and creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of said business including the purchase or acquisition of any items of personal property for use in said operation; G. Complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon or in which the business is proposed to be located in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise offering massage; H. The application shall also contain blueprints, diagrams, plans, layouts and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design and arrangement of the bathing and restroom facilities and the size and type of equipment and facilities to be u,sed. SAUNA(S) AND MASSAGE P ARLOR(S) LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR The investigation fee shall be set by Council, on an annual basis, through a fee schedule resolution along with the annual license fee. A license unless revoked, is for the calendar year or a part thereof, for which it has been issued. The license fee and fee for the investigation of the license application shall be paid when the application is filed. In the event that the application is denied or the license, once issued, is revoked, cancelled or surrendered, no part of the annual license fee and investigation fee shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license in a prominent place in the licensed premises at all times. A license for the operation of a massage parlor or sauna is nontransferable. GRANTING OR DENIAL OF LICENSES License applications shall be reviewed by the Police Department and such other departments, as the City Council shall deem necessary. The review shall include any inspection of the premises covered by the application by the Building Inspector and Fire Department to determine whether the premises conforms to all applicable Code requirements. Recommendations shall be made in writing to the City Clerk. Thereafter, licenses shall be granted or denied by the City Council subject to the provisions of this Ordinance. The applicant may appeal to the City Council. CONDITIONS GOVERNING ISSUANCE OF A SAUNA(S) AND MASSAGE PARLOR(S) LICENSE 1. No sauna(s) and massage parlor(s) license shall be issued if the applicant or any of its Page 3 of 13 owners, lessees, managers, employees or agents is a person of bad repute. 2. Sauna(s) and massage parlor(s) license shall be issued only if the applicant and all of its owners, lessees, managers, employees and agents are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one (l) year prior to the date of application, been denied licensure; or who have not within such period had their . license revoked. 4. License shall be issued only to applicants who have answered fully all of the information requested in the application, have paid the full license fee and have cooperated with the City in review of the application. 5. A license shall not be granted to an applicant who is under the age of18 years. &'Ylf)'l.<r~ 6. Licenses may be granted only for locations with .btl:liwos:; zones allowing similar activities. 7. Licenses may be granted only to establishments, which can meet the health, safety, sanitary, and building code requirements of the City. < 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plan of the City, or (b) would otherwise have a detrimental effect upon the property or properties in the vicinity. 9. Licensees must have at all times a valid certificate of insurance (liability insurance) issued by an insurance company licensed to do business in the State indicating that the licensee is currently covered in the licensed business by a liability insurance policy. The insurance must be kept in force during the term of the license and provide for notification to the City prior to termination or cancellation. A certificate of insurance .~: J\ must be filed with the City. The minimum limits of coverage for such insurance are: \-Y ~ 1. Each claim, at least $200,000; xP .' ~. 2; Each group of claims, at least $500,000. ~(~~ . CONSTRUCTION AND MAINTENANCE REQUIREMENTS A. Each licensed premises shall have a separate restroom for members of each sex. B. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept in a state of good repair and sanitary condition at all times. Linen and other materials shall be stored at least twelve inches off the floor. C. Individual lockers shall be made available for use by patrons, with each locker having separate keys for locking. Page 4 of 13 D. Each licensed premises shall provide adequate refuse receptacles, which shaH be emptied as often as required. E. The doors to the individual massage rooms shaH not be equipped with any locking device nor shaH they be locked or obstructed from either side of the door. Each individual massage room shaH contain a private dressing area with hot and cold running water. Clean towels, washcloths and linens must be available for each customer. F. Main entrance doors to the premises shall be unlocked at all times during business hours. MASSAGE CERTlFICATE REQUIRED No person shaH perform massage services within the City without a massage certificate as provided in this Ordinance. CONTENTS OF APPLICATION FOR MASSAGE CERTlFICATE An application for a massage certificate shall be made only on forms provided by the City. The application shall contain the following information together with any other information the City may ~= . A. Evidence of the applicant's educational qualifications, including originals or certified copies of degrees, diplomas or certificates, if any, including proof of receiving at least 100 hours of certified therapeutic massage training recognized and accepted by a state or national professional therapeutic massage organization. B. Evidence of applicant's practical qualifications to practice massage. C. The nanles and addresses of three (3) persons, who may be referred to as to the applicant's character. D. Whether the applicant has ever been convicted of a crime or offense other than a traffic offense and if so, information as to the time, place and nature of such crime or offense. E. Evidence in the form of a current certificate from a licensed physician practicing in MiIDlesota indicating (i) that within the past thirty (30) days the physician has examined the applicant, and (ii) that such examination was for the purpose of determining whether the applicant had any communicable disease and (iii) that as a result of such examination he believes that applicant is not suffering from any communicable disease which would disqualify the applicant from engaging in the practice of massage. CERTlFICATE FEE, CERTlFICATE INVESTIGATION AND CERTlFICATE YEAR The investigation fee shaIl be determined by City Council on an arumal basis through a fee schedule resolution along with the aIDlual certificate fee. The certificate year shall be the calendar year and a certificate shall be valid for the remainder of the calendar year in which it is issued. The certificate fee and fee for investigation for the certificate shall be paid when the application is filed. In the event that Page 5 of 13 the application is denied or that the certificate, once issued, is revoked, cancelled or surrendered, no part of the annual certificate fee and investigation fee for the issuance of a certificate shall be returned to the applicant unless by express action of the City Council. A separate certificate shall be obtained each year. The certificate holder shall display the certificate in a prominent place in the licensed premises at all times. A certificate permitting the holder thereof to practice massage is nontransferable.. INVESTIGATION OF APPLICATION ;) c;rtt'~ Certificate Applications shall be p-I'iewed by the Police Department, which shall furnish written recommendations to the City 9l€rk. Thereafter certificates shall be granted or denied by the City Council subject to the provisions of this ordinance. The applicant may appeal to the City Council. CONDITIONS GOVERNING ISSUANCE OF A MASSAGE CERTIFICATE A. Certificates shall be issued only to persons who have received and can furnish proof of receiving at least 100 hours of certified therapeutic massage training recognized and accepted by a state or national professional therapeutic massage organization. B. Certificates shall be issued only to persons of good repute and persons who are in good health and free from any communicable diseases, which would disqualify the applicant from engaging in the practice of massage. < C. Certificates shall be issued only to persons free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities ofthe occupation. D. Certificates shall not be issued to persons who have, within one (1) year prior to the date of application, been denied certification; or who have had his or her certificate revoked or surrendered in or by any political subdivision, municipality or by the State of Minnesota. E. Certificates shall be issued only to applicants who have fully and truthfully answered all of the information requested in the application, have paid the full certificate fee and certification investigation fee. RESTRICTIONS AND REGULATIONS A. No licensee shall employ any person as a masseur or masseuse without first insuring that said employee possesses a valid certificate for the administration or practice of massage. The certificate shall be prominently and openly displayed on the premises. B. The licensed premises shall not be open or in operation between the hours of 11 :00 p.m. and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of massage be on said premises or perform any massage or administer any such services between the hours of 11 :00 p.m. and 8:00 a.m. on the succeeding day. C. The licensee, masseuse, or masseur and any persons in their employ or agents or officers thereof and any and all persons with interest in said business shall comply with all applicable ordinances, regulations and laws of the City of CentervilIe, the States of Page 6 of 13 D. E. ~d;/_{Y'IP_'_ ~ 'f{Y~J ! \ F. G. H. r. J. Minnesota and the United States Government. If the licensee is a partnership or corporation, the licensee shall designate a person to be manager and in responsible charge of the business, Such person shall remain responsible for conduct of the business until another suitable person has been designated in writing by the licensee, The licensee shall promptly notify the police department in writing of any change in manager indicating the name, address and telephone number of the new manager and the effective date of such change. It- [1/1 __ EveD:' licensee shall permit and allow an examinatio~ and ~nspection of every part of~) " uJl premIses by a pollce, fire or other authonty of the CIty dunng normal busmess hours~Ix IV" (6) times each year. Refusal to allow such inspection or to answer the request of City, police, fire or other authority to be admitted, to a licensed premises shall be grounds for suspension or revocation of all licenses, Any person acting as a masseur or masseuse shall have his or her certificate displayed in a prominent place at his or her place of employment and upon demand by any police officer or other authorized officer or agent of the City of Centerville, any person engaged in practicing massage shall identify himself or herself giving his or her true legal name, correct address and telephone number. Any person practicing massage within the City of Centerville shall initially advise the City of his or her address and telephone number and shall further advise the City of any changes in address or telephone number within thirty~ days of such change. An ' , 'th' I C' dID I 'h' I Y person practrcmg massage WI m tIe Ity may 0 so on y at premIses w IC 1 are licensed for the conduct of such business as herein provided and further, any person practicing massage shall inform the City of any changes in employment or the location of his or her employment within the City within seven (7) days after such change. Every person to whom a massage certificate is issued shall appear personally at the Police Department to receive deliver of the certificate and upon such appearance shall be photographed for identification purposes. One (1) copy of the photograph shall be permanently affixed to the certificate and a second copy thereof shall be kept in the files of the Police Department. Fees for all services shall be prominently posted in the reception area in a location available to all prospective customers. HEALTH AND DISEASE CONTROL No person while afflicted with any disease in a communicable form or while a carrier of such disease or wounds, sores or any acute respiratory infection shall work in or use the services of any public massage room and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. REVOCATION, SUSPENSION OR NONRENEW AL OF MASSAGE CERTIFICATE The massage certificate may be revoked, suspended or not renewed by the City Council by showing L Page 7 of 13 that the licensee, its owners, managers, employees, agents or any other interested parties, as enumerated in Contents of Application for section of this ordinance with the exception of creditors, or the masseur or masseuse have engaged in any of the following conduct: A. Fraud, deception or misrepresentation in connection with the securing of the license. B. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs, defmed in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers. C. Engaging in conduct involving moral turpitude by permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. #--' D. Failure to fully comply with any requirements of the City;:;ooeOf the City of Centerville regarding the sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of which involves more turpitude, or failure to comply fully with any requirements of this Ordinance. E. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. < F. Engaging in any conduct, which would constitute grounds for refusal to issue a or massage certificate herein. APPEALS The licenses or massage certificate holder may appeal such suspension, revocation or non-renewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after thirty (30) days from service of the notice of appeal on the City Clerk. At the conclusion of the hearing, the Council may order: A. That the revocation, suspension or non-renewal be affirmed. "Y ~ ~. 0~c \! \J LIABILITY FOR CRIMES OF ANOTHER That the revocation, suspension or non-renewal be lifted and that the license or certificate be reinstated. The City Council may base either suspension or issuance of the license or certificate upon any additional terms, conditions and stipulations which it may, in its sole discretion, impose. Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this Ordinance or any act which constitutes an omission and therefore, a violation ofthis Ordinance whether individually or in connection with one or more persons or as a principal, agent or accessory shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully induces, causes coerces, requires, permits or directs another Page 8 of 13 to violate any of the provisions of this Ordinance is likewise guilty of such offense. PENALTIES Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this Ordinance shall be guilty of a misdemeanor. SEVERABILITY Every section, provision or part of this Ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of this Ordinance shall be held invalid, such holding shall not invalidate any other section, provision for part thereof. Passed and adopted by the City Council of the City of Centerville, Minnesota, this day of Mayor, Tim Swedberg City Clerk, Teresa Bender < Page 9 of 13 tervi[[e 'Esta6li.4w[ 1&')7 CITY OF CENTERVILLE APPLICATION FORM FOR SAUNA(S) OR MASSAGE P ARLOR(S) LICENSE TRADE NAME DATE OF APPLICATION LICENSING PERIOD FULL NAME OF APPLICANT OWNER IF INDIVIDUAL PHONE NUMBER < ADDRESS CITY STATE DATE OF BIRTH PLACE OF BIRTH ADDRESS OF BUSINESS LOCATION LIST OWNERS OF BUILDING OR PREMISE TO BE LICENSED: NAMES ADDRESSES DATE OF BIRTH MANAGER'S NAME ADDRESS PHONE Page 10 of 13 OPERATOR'S NAME ADDRESS PHONE LIST THREE (3) CHARACTER REFERENCES NAME ADDRESS PHONE HAS APPLICANT/OWNER HIS/HER DESIGNEE EVER BEEN CONVICTED OF A CRIME, OTHER THAN A TRAFFIC VIOLATION? DYES 0 NO IF YES, GIVE EXPLANATION ON A SEPARATE SHEET OF PAPER, INCLUDING TIME, PLACE AND NATURE OF EACH CRIME OR OFFENSE AND DISPOSITION THEREOF. LIST ALL CREDITORS INVOLVED IN THE CONSTRUCTION AND MAINTENANCE IN ANY WAY PROVIDING DEBT OF EQUITY FINANCING TO SAID OPERATION: LIST CORPORATE OR P ARTNERSHlP TITLE, IF ANY CORPORATE OR P ARTNERSHlP ADDRESS: LIST ALL OFFICERS, MANAGERS OR DIRECTORS, IF CORPORATION: NAMES ADDRESS DATE OF BIRTH Page 11 of13 Please submit accurate and complete business records showing names and addresses of all individuals having an interest in business including partners, officers, owners and creditors furnishing credit for establishment acquisition and maintenance and furnishing of said business. Please furnish accurate documentation establishing the interest of the applicant and any other person having interest in the premises upon which the building is proposed to be located or furnished thereof. The documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, etc. and any other documents establishing interest of the applicant or any other person in the operation. Please provide blueprints, diagrams, layouts, etc. showing construction and or remodeling to the premises and specifically showing the layout of the bathing and restroom facilities to be used. Applicants and his/her associates will strictly comply with all regulations promulgated by the City Council of City of Centerville and all ordinances of said municipality. I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee, not to exceed $250.00 shall be charged an applicant by the City. Signature of Applicant < Subscribed and sworn to before me This day of , 2002 Notary Public Signature My Commission Expires Page 12 of 13 . teroi[[e 'Estfljj{isfid1&"'/ APPLICATION FOR MASSAGE THERAPIST CERTIFICATION/LICENSE CITY OF CENTERVILLE Date MASSAGE LOCATION/ADDRESS HOURS/DA YS OF OPERATION NAME OF APPLICANT (first) (middle) (last) DATE OF BIRTH HOME TELEPHONE #: SCHOOL ATTENDED AND DEGREES RECEIVED: , LIST QUALIFICATIONS REQUIRED TO PRACTICE MASSAGE: LIST THREE CHARACTER REFERENCES (INCLUDE ADDRESS AND BIRTH DATE): HAS APPLICANT EVER BEEN CONVICTED OF A CRIME, OTHER THAN A TRAFFIC VIOLATION? YES NO IF YES, PLEASE GIVE AN EXPLANATION ON A SEPARATE PIECE OF PAPER, INCLUDING TIME, PLACE AND NATURE OF SUCH CRIME OR OFFENSE AND DISPOSITION THEREOF. THE APPLICANT SHALL PROVIDE THE FOLLOWING INFORMATION: A. EVIDENCE OF APPLICANT'S EDUCATION INCLUDING CONTINUING EDUCATION IF APPLICABLE. B. EVIDENCE OF APPLICANT'S QUALIFICATIONS AND CHARACTER REFERENCES. C. EVIDENCE IN THE FORM OF A CURRENT CERTIFICATE FROM A LICENSES PHYSICIAN PRACTICING IN MINNESOTA INDICATING THAT SAID MASSAGE THERAPIST WAS EXAMINED AND IS FREE OF ANY COMMUNICABLE DISEASE THAT WOULD DISQUALIFY THE APPLICANT FROM ENGAGING IN THE PRACTIC OF MASSAGE. A RENEWAL CERTIFICATE WILL BE REQUIRED EACH CALENDAR YEAR, ALONG WITH A PHYSICAL EXAMINATION CERTIFICATE, COMPLETED APPLICATION AND RENEWAL FEE OF $50. APPLICANTS WILL STRICTLY COMPLY WITH ALL REGULATIONS PROMULGATED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE AND ALL ORDIANCES OF SAID MUNICIPALITY. Page 13 of 13 .I STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #71 AN ORDINANCE GOVERNING THE TATTOO, BODY PIERCING, PERMANMENT COSMETIC MAKE-UP, BODY BRANDING, AND BODY PAINTING ESTABLISHMENTS. STATEMENT OF POLICY The City Council of the City of Centerville deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as a tattoo, body piercing, permanent cosmetic make-up, body branding, and body painting establishment(s) in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. The City Council finds that the experience of other cities indicates that there is a counection between body piercing and disease transmission and other health problems. The City Council finds that stringent regulations governing tattooing can minimize the disease risk and therefore protect the general health and welfare ofthe community. DEFINITIONS Definitions in this ordinance shall apply when these words and phrases are used in this Article. Body Piercinl! - Any method of puncturing the skin of a person by the aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body. Body Brandinl! - Impression or burning a mark or figure on the skin of a person with a hot obj ect or flame. Tattoo. Body Piercinl!, Permanent Cosmetic Make-Up, Body Brandinl!. and Body Paintinl! License - A license issued by the City authorizing the practice or administering of the operation of a tattoo, body piercing, permanent cosmetic make-up, body branding, and body painting establishments on premises within the City of Centerville. Clean - The absence of dirt, grease, rubbish, garbage odor and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and similar defect so as to constitute a good and sound condition. Page I of 12 .. Enforcement Office - The City health authority or other designee of the City Administrator. Issuinl! Authority - The City Council. Tattooinl! - The marking of the skin of a person by insertion of a permanent colors by introducing them through puncture of the skin. TATTOO, BODY PIERCING, PERMANENT COSMETIC MAKE-UP, BODY BRANDING, AND BODY PAINTING LICENSE REQUJRED A license shall be required to operate an establishment where tattooing, permanent cosmetic make up, body piercing, body branding, or body painting is practiced, or engaged in the practice of tattooing, body piercing, body branding or body painting without a license. A state licensed physician who engages in the practice of tattooing and/or body piercing shall be exempt from the license requirement. Jewelry stores and accessory stores that provide exclusively ear piercing services us.ing piercing guns also shall be exempt from the license requirement. LICENSE APPLICATION Application for a license shall be made on a form as prescribed by the City and shall include: If the applicant is a natural person: A. The name, place and date of birth, street residence address, and phone number of the applicant. B. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used. C. The name of the husiness if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. D. The street addresses at which the applicant has lived during the preceding five (5) years. E. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years, and the name and address of the applicant's employer and partner, if any, during the preceding five (5) years. Page 2 of 12 If the applicant is a partnership: A. The name and addresses of all general and limited partners and all information concerning each general partner. B. The name of the managing partner and the interest of each partner in the tattooing establishment. C. A true copy of the partnership agreement must be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate must be attached to the application. If the applicant is a corporation or other business: A. The name of the corporation or business fonned, and if incorporated, the state of incorporation. B. A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota Statutes, Section 303.06, must be attached to the application. C. The name of the manager, proprietor, or other agent in charge of the business and all information concerning each manager, proprietor" or agent. In the case of all applicants: A. Whether the applicant holds a current tattooing, body piercing, body branding or body painting license from any other governmental unit. B. Whether the applicant has previously been denied a tattooing, body piercing, body branding or body painting license from any other governmental unit. C. The location ofthe business premises and the legal description thereof D. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. E. If the application is for premises either planned or under construction or undergoing substantial alterations, the application must be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. A copy of the plans must be submitted to the Building, Fire and Health authorities for approval. If the plans of design are on file with the City, additional plans need not be submitted. F. Such other information as the City Administrator may require. APPLICATION EXECUTION An application for a license must be signed and sworn to. If the application is that of a natural person, it must be signed and sworn to by such person; if that of a corporation, by an officer thereof, if that of a partnership, by one (1) of the general partners; and if that of Page 3 of 12 an unincorporated association, by the managing officer. Falsification of information on a license application requires the denial of a license. APPLICATION VERIFICATION The City shall verify and investigate the facts set forth in the application and conduct any necessary criminal background checks to assure compliance with this Ordinance. LICENSE PERIOD AND LICENSE FEES The term of the license is the calendar year or the remaining portion thereof. The fee will not be prorated. The fee for a license is set forth by the City Council by annual resolution. The fee must be submitted at the time the application is filed. Fees are non- refundable. PERSONS INELIGIBLE FOR LICENSE A license may not be issued to an applicant, or partner or other person in charge of the licenses if the applicant: A. B. Is a minor at the time the application is filed; Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Sub. 2 and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, Sub. 3; Does not have the legal authority to be employed in the United States; or Is Hot gf ggoll meral clUtl/lCtCl Bf fejl'lte_ , C. D.' GENERAL LICENSE REQUIREMENTS 1. Tattoos on Minors. It is unlawful to tattoo, pierce, brand or paint a person under the age of eighteen except in the presence of, and with the written permission of, the parent or legal guardian ofthe minor. 2. Prohibition on License Transfer. A license is for the person and the premises named on the approved license application. Transfer of a license is not permitted from place-to-place or from person-to-person without first complying with the requirements of an original application, except where an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. 3. Hours of Operation. A licensed establishment may not be open for business before 7:00 a.m. nor after I I :00 p.m. Page 4 of 12 4. Licensed Premises. The license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee must inform the Director of Public Safety. 5. Effect of License Suspension or Revocation. It is unlawful to solicit business or offer to perform tattooing, body piercing, body branding or body painting services while under license suspension or revocation by the City. 6. Maintenance of Order. The licensee is responsible for the conduct of the business being operated and must at all times maintain conditions of good order. 7. Employee Lists. The licensee must provide to the City Administrator a list of employees who perform tattooing, body piercing, body branding or body painting at the licensed establishment and verify that each employee has received a copy of this Article. 8. Liability Insurance. Licensees must have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State indicating that the licensee is currently covered in the licensed business by a liability insurance policy. The insurance must be kept in force during the ternl of the license and provide for notification to the City prior to termination or cancellation. A certificate of insurance must be filed with the City. The minimum limits of coverage for such insurance are: " A. /7. <---.. B. ~~J~EALTH AND SANITATION REQUIREMENTS Each claim, at least $200,000; Each group of claims, at least $500,000. Unlawful Practice. It shall be unlawful to engage in the practice of tattooing, body piercing, body branding or body painting at any place in the City without complying with the regulations ofthis Ordinance. Lavatory Requirement. A place where tattooing, body piercing, body branding or body painting is practiced must be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory must be equipped with hot and cold running water under pressure, be maintained in good repair at all times and kept in a clean and sanitary condition. Toilet fixtures and seats must be of a sanitary open front design and readily cleanable. Easily cleanable, covered receptacles must be provided for waste materials. A lavatory facility must be provided with an adequate supply of hand cleansing compound and singe-service sanitary towels or hand-drying devices. Skin Infection. A person having a skin infection or other disease of the skin may not be tattooed, painted, or branded. Page 5 of 12 Sterilization and Disposal of Bio-Hazardous Materials. Needles, razor blades and other equipment used for pierced, branding or puncturing must be individually pre-packaged, sterilized and disposable, and this equipment may not be used on more than one (I) customer. Bio-hazardous waste must be disposed of in accordance with law, and disposal procedures shall be approved by the Health Authority. Approved sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the Heath Authority. Skin Preparation Procedures. The procedures in this Subsection must be used for skin preparation. A. The operator must wash hands thoroughly with soap and water following the hand washing procedures as approved by the Health Authority and then dry them with a clean towel before and after each tattooing. Operators with skin infections of the hand may not perform any tattooing, body piercing, body brauding or body painting service. B. If it is necessary to shave the skin, pre-packaged, pre-sterili:z;ed, disposable, razor blades shall be used. C. The skin area to be tattooed, pierced, brauded or painted must be thoroughly cleaued with germicidal soap, rinsed thoroughly with water, and sterilized with an autiseptic solution approved by the Health Authority. Single-service towels and wipes must be used in the skin cleaning process. D. After tattooing, piercing or brauding, a sterile dressing must be applied to the tattooed, pierced or brauded area. Operating Furniture. Tables, chairs, furniture, or area on which a patron received a tattoo, body piercing, body brauding or body painting must be impervious to moisture aud properly sanitized after each tattoo, body piercing, body brauding or body painting. The surface must be covered by single-service disposable paper or cleau linens. Towels. An operator must provide single-service towels or wipes for each customer or person aud such towels or wipes must be stored aud disposed of in a manner acceptable to the Health Authority. Garments of Operator. An operator must wear cleau, washable garments when engaged in the practice of tattooing, body piercing, body branding or body painting. If garments are contaminated with blood or body fluids, the garment must be removed, chauged and discarded or sterilized by an approved method. Pigments. Pigments used in tattooing must be sterile aud free from bacteria and noxious agents and substauces including mercury. The pigments used from stock solutions for each customer must be placed in a single-service receptacle, aud such receptacle aud Page 6 of 12 remaining solution must be discarded after use on each customer in accordance with procedures approved by the Health Authority. Code Compliance. The facility must meet all relevant building codes and federal law related to access. Influence of Alcohol and Drugs. It is unlawful to practice tattooing, body piercing, body branding or body painting while under the influence of alcoholic beverages or illicit drugs. A customer may not be tattooed, pierced, branded or painted while under the influence of alcoholic beverages or illicit drugs. Written Instructions. The operator must provide the person tattooed, pierced or branded with printed instruction on the approved care of the skin during the healing process. Living Quarters. A place licensed as a tattoo, body piercing, body branding or body painting establishment may not be used or occupied as living or sleeping quarters. Hepatitis. A person to be tattooed, branded or picrced must be asked whether the person has had viral hepatitis in the preceding six (6) months. A person suspected of presently having viral hepatitis or having had viral hepatitis within the preceding six (6) months may not be tattooed, branded or pierced unless the person has the written consent of a licensed physician. REVOCATION, SUSPENSION OR NONRENEWAL OF TATTOO, BODY PIERCING, PERMANENT COSMETIC MAKE-UP, BODY BRANDING, AND BODY PAINING LICENSE The tattoo, body piercing, permanent cosmetic make-up, body branding, and body painting license may be revoked, suspended or not renewed by the City Council by showing that the licensee, its owners, managers, employees, agents or any other interested parties, as enumerated in Contents of Application for Tattoo, Body Piercing, Permanent Cosmetic Make-up, Body Branding, and Body Painting Establishment License section of this ordinance with the exception of creditors have engaged in any of the following conduct: A. Fraud, deception or misrepresentation in connection with the securing of the license. B. Habitual drunkenness or intemperance in the use of drugs including but not limited to the use of drugs, defined in Minnesota Statutes, Section 618.01, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants or tranquilizers. C. Failure to fully comply with any requirements of the City Code of the City of Centerville regarding the sanitary and safety conditions, zoning requirements, building code requirements or ordinances, the violation of Page 7 of 12 which involves moral turpitude, or failnre to comply fully with any requirements of this Ordinance. D. Engaging in any conduct, which would constitute grounds for refusal to issue an establishment license. APPEALS The licenses holder may appeal such suspension, revocation or non-renewal to the City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after thirty (30) days from service of the notice of appeal on the City Clerk. At the conclusion of the hearing, the Council may order: A. That the revocation, suspension or non-renewal be affirmed. B. That the revocation, suspension or non-renewal be lifted and that the license or certificate be reinstated. C. The City Council may base either suspension or issuance of the license or certificate upon any additional terms, conditions and stipulations which it may, in its sole discretion, impose. < LIABILITY FOR CRIMES OF ANOTHER Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this Ordinance or any act which constitutes an omission and therefore, a violation of this Ordinance whether individually or in connection with one or more persons or as a principal, agent or accessory shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully induces, causes coerces, requires, permits or directs another to violate any of the provisions ofthis Ordinance is likewise guilty of such offense. PENALTIES Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this Ordinance shall be guilty of a misdemeanor. SEVERABILITY Every section, provision or part of this Ordinance is declared separable from every other section, provision or part to the extent that if any section, provision or part of this Ordinance shall be held invalid, such holding shall not invalidate any other section, provision for part thereof. Page 8 of 12 Passed and adopted by the City Council of the City of Centerville, Minnesota, this day of Mayor, Tim Swedberg City Clerk, Teresa Bender , Page 9 of 12 tervi{{e 'Esta6fisfu:d 1857 CITY OF CENTERVlLLE APPLICATION FORM FOR TATTOO, BODY PIERCING, PERMANENT COSMETIC MAKE-UP, BODY BRANDING, AND BODY PAINTING ESTABLISHMENT LICENSE TRADE NAME DATE OF APPLICATION LICENSING PERIOD FULL NAME OF APPLICANT OWNER IF INDNIDUAL PHONE NUMBER < ADDRESS CITY STATE DATE OF BIRTH PLACE OF BIRTH ADDRESS OF BUSINESS LOCATION LIST OWNERS OF BUILDING OR PREMISE TO BE LICENSED: NAMES ADDRESSES DATE OF BIRTH MANAGER'S NAME ADDRESS PHONE Page 10 of 12 OPERATOR'S NAME ADDRESS PHONE LIST THREE (3) CHARACTER REFERENCES NAME ADDRESS PHONE HAS APPLICANT/OWNER HIS/HER DESIGNEE EVER BEEN CONVICTED OF A CRIME, OTHER THAN A TRAFFIC VIOLATION: . YES NO IF YES, GIVE EXPLANATION ON A SEPARATE SHEET OF PAPER, INCLUDING TIME, PLACE AND NATURE OF EACH CRIME OR OFFENSE AND DISPOSITION THEREOF. LIST ALL CREDITORS INVOLVED IN THE CONSTRUCTION AND MAINTENANCE IN ANY WAY PROVIDING DEBT OF EQUITY FINANCING TO SAID OPERATION: LIST CORPORATE OR PARTNERSHIP TITLE, IF ANY CORPORATE OR PARTNERSHIP ADDRESS: LIST ALL OFFICERS, MANAGERS OR DIRECTORS, IF CORPORATION: Page 11 of 12 NAMES ADDRESS DATE OF BIRTH Have you ever been denied a license from another governmental unit? List the licenses held with another governmental unit? Please submit accurate and complete business records showing names and addresses of all individuals having an interest in business including partners, officers, owners and creditors furnishing credit for establishment acquisition and maintenance and furnishing of said business. Please furnish accurate documentation establishing the interest of the applicant and any other person having interest in the premises upon which the building is proposed to be located or furnished thereof. The documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, etc. and any other documents establishing interest of the applicant or any other person in the operation. Please provide blueprints, diagrams, layouts, etc. showing construction and or remodeling to the premises and specifically showing the layout of the bathing and restroom facilities to be used. Applicants and his/her associates will strictly comply with all regulations promulgated by the City Council of City of Centerville and all ordinances of said municipality. I hereby certifY that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee, not to exceed $250.00 shall be charged an applicant by the City. Signature of Applicant Subscribed and sworn to before me This day of , 2002 Notary Public Signature My Commission Expires Page 12 of 12 ORDINANCE #73 CITY OF CENTERVILLE, MINNESOTA ~ I, ~\;;t ~ l' y ~ (/ ,,1',)'>- ~~" (' ~~( ~ I'{~ ~~ CABLE TELEVISION FRANCHISE ORDINANCE Date: October 23, 2002 Prepared by; Thomas D. Creighton Stephen J. Guzzetta Creighton, Bradley & Guzzetta, LLC 5402 Parkdale Drive, Suite 102 Minneapolis, Minnesota 55416 Telephone: (952) 543-1400 Facsimile: (952) 543-8866 creiehtonlal creiehtonbradlev.com l!uzzetta\a), creiehtonbradlev.com TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE..................................................................................1 FlNDINGS ... .... ................ ...... .... .... .......... ..... ......... ............... .... ........ ......... .... .......... ................ .......... 1 SECTION 1. SHORT TITLE AND DEFINITIONS........................................................................1 1.1 Short Title. .. ....... ............. ..... ..... ....... ............ ..................... ....... ...... '" ... ........... ......... '" 1 1.2 Definitions.......... ............ ..... ...... ................... ....... .... .......... .... ... ........................ ........... 1 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS................................... 7 2.1 Grant of Franchise.......... ..... ..... ......... ...... ..... ....... .... ........ ..... ............ ...... ......... ............ 7 2.2 Grant of Nonexclusive Authority...... ........... ............. ..... .......... .............. ......... ....... ..... 7 2.3 Lease or Assignment Prohibited. ................................................................................8 2.4 Franchise Term. ................... .... ......... ...... ..... ....... ... .... ..... ..... ............ ............ ..' ....... ..... 8 2.5 Previous Franchises. ................. ............. ...... ................... .... ........ ...................... ..... ..... 8 2.6 Compliance with Applicable Laws, Resolutions and Ordinances. ............................. 8 2.7 Rules of Grantee. ..... ................ .................... ...... ....... ...... .... .... ..................... ... ....... ... 10 2.8 Territorial Area Involved. ......................................................................................... 10 2.9 Written Notice... .................. ..... .............. ... ............ .... ............. ........ ......... ... ........... .... 10 2.10 Effective Date. .......................................................................................................... 11 2.11 Grantee Not a Common Carrier. ........................................................................:...... 11 SECTION 3. CONSTRUCTION STANDARDS ....................................................................... 11 3.1 Registration, Permits and Construction Codes. ........................................................ 11 3.2 Restoration of Rights-of-Way and Property. ............................................................ 11 3.3 Conditions on Right-of-Way Use. ............................................................................ 12 3.4 Use of Existing Poles and Undergrounding of Cable. ..............................................14 3.5 Installation of Facilities........ .... ............ ........ ... .......... ............. ..... ................. ......... .... 14 3.6 Safety Requirements. ........ .,. .... ...... ................ ....... .... ... ..... ..... .... ........ ............ ..... ...... 15 3.7 City Use of Facilities. ......... .... .... ................... ...... ............ ..... .... .... .... ........ ........ ........ 15 3.8 Removal of Facilities at Expiration of Franchise. .................................................... 15 SECTION 4. DESIGN PROVISIONS ...........................................................................................16 4.1 System Facilities and Equipment..............................................................................16 4.2 System Construction Timetable..................... ....... .... ........ .... ..... ...... ..................... .... 21 4.3 Periodic Progress Reporting. ....................................................................................22 4.4 Line Extension Requirements. ..................................................................................23 4.5 System Maintenance. .. ........ .... ..... ................. ........... .,. ............. .... .... .............. ..... ...... 24 4.6 System Tests and Inspections; Special Testing. .......................................................25 4.7 Drop Testing and Replacement.................................................................................26 4.8 FCC Reports.. ..................... .,. .... ...... .................. ..... ...... ....... .... ..... ............. .... .... ........ 26 4.9 Lockout Capability.. ........... ....... ............................. ............ ......... ..... ......... .... .... ........ 26 4.10 Types of Service. ...................................................................................................... 26 4.11 Uses of System. ......................................................................................................... 26 4.12 Additional Capacity. ................. ....................... ...... ....... ..... ..... .... .............. .... ... ......... 26 SECTION 5. SERVICE PROVISIONS .........................................................................................26 5.1 Customer Service Standards. ....................................................................................26 1 - , 5.2 Video Programming. ................................................................................................. 27 5.3 Regulation of Service Rates......................................................................................27 5A. Sales Procedures. ......................................................................................................27 5.5 Subscriber Inquiry and Complaint Procedures. ........................................................ 27 5.6 Subscriber Contracts. ................................................................................................ 29 5.7 Service Credit............................................................. ............................................... 29 5.8 Refunds or Credits. ................................................................................................... 29 5.9 Late Fees. ..................................................................................................................29 5.10 Notice to Subscribers. ............................................................................................... 29 5.11. Exclusive Contracts and Anticompetitive Acts Prohibited....................................... 30 5.12. Office Availability and Drop Boxes. ........................................................................ 30 SECTION 6. ACCESS CHANNEL(S) PROVISIONS .................................................................. 31 6.1. Public, Educational and Government Access. .......................................................... 31 6.2. PEG Support Obligations..........................................................................................33 6.3 Regional Channel 6. .................................................................................................. 35 6A Leased Access Channels. ..........................................................................................35 6.5 PEG Obligations. ...................................................................................................... 35 6.6 Costs and Payments not Franchise Fees. ..................................................................35 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS...................................................................................................................~........ 36 7.1. Institutional Network Facilities and Capacity........................................................... 36 7.2 Dark Fiber Optic Infrastructure Requirements. ........................................................ 39 7.3 Grantee's Use ofI-Net and DFOI Capacity.............................................................. 40 7A I-Net and DFOI Performance Standards. .................................................................. 41 7.5 Institutional Network and DFOI Security. ................................................................41 7.6 Interconnection ofInstitutional Networks. ............................................................... 42 7.7 Subscriber Network Drops to Designated Buildings. ............................................... 43 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS ...................................... 44 8.1. Administration of Franchise. ............................................................... ..................... 44 8.2. Delegated Authority. ................................................................................................. 44 8.3. Franchise Fee. ...........................................................................................................44 8A Access to Records. ....................................................................................................45 8.5. Reports and Maps to be Filed with City. .................................................................. 46 8.6. Periodic Evaluation. ..................................................................................................46 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS ............................... 46 9.1. Performance Bond. ...................................................................................................46 9.2. Letter of Credit............................... ........................................................................... 47 9.3. Indemnification of City. ............................................................................................ 50 9 A. Insurance. ..... .................................. ........ ..................... .............................................. 51 SECTION 10. SALE, ABANDONMENT, TRANSFER AND ..................................................... 52 REVOCATION OF FRANCHISE .................................................................................................. 52 10.1. City's Right to Revoke.............................................................................................. 52 10.2. Procedures for Revocation. ....................................................................................... 52 10.3 Continuity of Service. ............................................................................................... 53 11 lOA Removal After Abandonment, Termination or Forfeiture. .......................................53 10.5. Sale or Transfer of Franchise. ................................................................................... 53 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ......................................................... 55 11.1 Discriminatory Practices Prohibited. ........................................................................ 55 11.2. Subscriber Privacy. ................................................................................................... 55 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS.......................... 56 12.1. Unauthorized Connections or Modifications Prohibited. ......................................... 56 12.2. Removal or Destruction Prohibited. .........................................................................56 12.3. Penalty...... ............................................................... .......................... ........................ 56 SECTION 13. MISCELLANEOUS PROVISIONS....................................................................... 57 13.1. Franchise Renewal. ...................................................................................................57 13.2. Work Performed by Others. ...................................................................................... 57 13.3. Amendment of Franchise Ordinance. .............................................................."....... 57 13.4. Compliance with Federal, State and Local Laws...................................................... 57 13.5 Nonenforcement by City. .......................................................................................... 58 13.6 Rights Cumulative. ...................................................................................................58 13.7 Grantee Acknowledgment of Validity of Franchise. ................................................ 59 13.8 Force Majeure. ..........................................................................................................59 13.9 Governing Law. ........................................................................................................59 13.10. Captions and References. ................... ................................................................~...... 59 13.11. Rights of Third Parties. ............................................................................................. 59 13.12. Merger of Documents. .............................................................................................. 59 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ........... 60 14.1 Publication. ...................... ..................................... .................................................... 60 14.2 Acceptance. .................... ........................ ................... ......................... ................. ...... 60 14.3 Binding Acceptance. .................................................................................................60 EXHIBIT A I-Net and Dark Fiber Optic Infrastructure Sites EXHIBIT B I-Net and DFOI Performance Standards EXHIBIT C Subscriber Network Drops to Designated Buildings EXHIBIT D Memorandum of Understanding EXHIBIT E North Metro Franchise Area Map 111 ORDINANCE #73 AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP., D/B/A AT&T BROADBAND, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF CENTERVILLE, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. This ordinance will repeal Ordinance #40 - (Cable Franchise) The City Council of the City of Centerville, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and interests of the residents and citizens of the City and tile public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic growth with the development and operation of a Cable System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal qualifications and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; .3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. I SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise Ordinance shall be known and cited as the "Cable Franchise Ordinance." 1.2 Definitions. For purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, ifnot defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor and borrowing necessary to install and construct fiber -optic lines; coaxial cable and/or equipment. 1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that includes the lawful retransmission of local television broadcast signals and any public, educational and governmental access programming required by tbis Franchise to be carried on the basic tier. Basic Cable Service as defined berein shall not be inconsistent with 47 U.S.C. S 543(b)(7). 1.2.4 "Cable Service" or "Service" means (l) the one-way transmission to Subscribers of (a) video programming or (b) other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. For purposes of this Franchise, the parties hereto acknowledge that the FCC is currently undertaking a proceeding addressing whether cable modem service may be lawfully' considered a cable service under federal law. As of the adoption of this Franchise, cable modem services are not considered "Cable Service." As to the definition of "Cable Service," and any inclusion of cable modem service in such service, the parties agree to comply with future applicable federal or State law or applicable regulations. 1.2.5 "Cable Svstem" or "System" means the facility of the Grantee consisting of a set of closed transmission paths and associated signal generation, reception and control 1 equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include: (I) a facility that only serves to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any Rights-of-Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System (other than for purposes of 47 U.S.c. S 541(c)) if such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with 47 U.S.C. S 573; (5) any facilities of any electric utility used solely for operating its electric utility system; or (6) a translator system which receives and rebroadcasts over-the-air signals. A reference to the System in this Franchise refers to any part of such System including, without limitation, Converters, but does not include the Institutional Network or the DFOI. The foregoing definition of "System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate or franchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as defined herein shall not be inconsistent with the definitions set forth in applicable law. Any reference to "Cable System" or "System" herein, which system is owned or operated by a Person or governmental body other than the Grantee, shall be defined the same as this Section 1.2.5. 1.2.6 "City" means the City of Centerville, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 1.2.7 "City Code" means the Centerville City Code, as amended from time to time. 1.2.8 "Commission" means the North Metro Telecommunications Commission, a municipal joint powers consortium comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City, and the rights and obligations related thereto shall, where possible, accrue pro rata to the City, pursuant to a transition agreement to be negotiated at such time by and between the City, the Commission and the Grantee. The total burden of Grantee's obligations under this Franchise and the Grantee's Franchise with the other member cities of the Commission shall not be increased as a result of any such withdrawal. 1.2.9 "Converter" means an electronic device (sometimes referred to as a receiver) which may serve as an interface between a System and a Subscriber's television monitor, and which may convert signals to a frequency acceptable to a television 2 monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber to view all signals of a particular service. 1.2.10 "CPI" means the annual average of the Consumer Price Index for all Urban Consumers (CPI-V) for the Minneapolis-St. Paul CMSA, as published by the Bureau of Labor Statistics. 1.2.11 "Drop"" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 1.2.12 "Educational Access Channel" or "Educational Channel" means any channel on the System set aside by the Grantee for Noncommercial educational use by educational institutions, as contemplated by applicable law. 1.2.13 "FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. 1.2.14 "Franchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. ' 1.2.15 "Governmental Access Channel" or "Governmental Channel" means any channel on the System set aside by the Grantee for Noncommercial use by the City or its delegatee. 1.2.16 "Grantee" is MediaOne North Central Communications Corp., Inc., d/b/a AT&T Broadband, and its lawful successors, transferees or assignees. 1.2.17 "Gross Revenues" means any and all revenues arising from or attributable to, or in any way derived directly or indirectly by the Grantee or its Affiliates, subsidiaries, or parent, or by any other entity that is a cable operator of the System, from the operation of the Grantee's System to provide Cable Services (including cash, credits, property or other consideration of any kind or nature). Gross Revenues include, by way of illustration and not limitation, monthly fees charged to Subscribers for any basic, optional, premium, per-channel, or per-program service, or other Cable Service including, without limitation, Installation, disconnection, reconnection, and change-in-service fees; Lockout Device fees; Leased Access Channel fees; late fees and administrative fees; fees, payments or other consideration received from progrannners for carriage of progrannning on the System and accounted for as revenue under GAAP; revenues from rentals or sales of Converters or other equipment; fees related to commercial and institutional usage of the System or the I-Net; advertising revenues; interest; barter; revenues from program guides; franchise fees; and revenues to the System from home shopping, bank-at-home channels and other revenue sharing arrangements. Gross Revenues shall include revenues received by an entity other than the Grantee, an Affiliate or 3 another entity that operates the System where necessary to prevent evasion or avoidance of the Grantee's obligation under this Franchise to pay the franchise fee. Gross Revenues shall not include: (i) to the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however, that all or part of any such actual bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) any taxes on services furnished by the Grantee imposed by any municipality, state or other governmental unit, provided that franchise fees shall not be regarded as such a tax; (iii) FCC regulatory fees; (iv) Subscriber credits, adjustments or refunds; (v) PEG Fees; or (vi) refundable Subscriber deposits. As previously stated in the definition of "Cable Services" as to cable modem service, the parties agree to comply with future applicable federal or State law or regulation as to the inclusion of fees for such service being included or excluded from the definition of "Gross Revenues." 1.2.18 "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. 1.2.19 "Institutional Network" or "I-Net" means the discrete hybrid fiber-coaxial, bi- directional communications network and services related to such network provided by the Grantee to identified institutions as required by this Franchise, and as further described in Section 7 herein. 1.2.20 "Leased Access Channel" means channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. S532. 1.2.21 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal, which inhibits the viewing of a certain program, certain channel or certain channels provided by way of the Cable System. 1.2.22 "Memorandum of Understandinl!" or "MOU" means that certain agreement dated January 29, 1996, by and between MeredithlNew Heritage Strategic Partners, L.P., Grantee's predecessor in interest, and the City regarding PEG funding, creation of a "PEG" fee and certain rate regulatory issues, which is attached hereto as Exhibit D and made a part hereof. 1.2.23 "Node" means the transition point between optical light transmission (fiber-optic cable) and the RF transmission (coaxial cable) of video and data signals being delivered to and received from the Subscriber's home, or in the case of the Institutional Network, signals being delivered to and received from Institutional Network user sites. 1.2.24 "Noncommercial" means, in the context of PEG channels, that particular products and services are not promoted or sold. This term shall not be interpreted to prohibit a PEG channel operator or programmer from soliciting and receiving voluntary 4 financial support to produce and transmit video programming on a PEG channel, or from acknowledging a contribution. In the context of the Institutional Network, particular products or services shall not be sold by the City or other I-Net Users, Dark Fiber Optic Infrastructure Users or Additional DFOI Users, however, the City may provide governmental services or products, as distinguished from proprietary services or products, for a fee to other governments or educational institutions. 1.2.25 "Normal Operatinl! Conditions" means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the System (including the I-Net and/or the DFOI) and the development, operation or maintenance of the Grantee's telephone system. Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. 1.2.26 "North Metro Franchise Area" means the geographic area conslstmg of the Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park. < 1.2.27 "North Metro Svstem" means the Cable System operated pursuant to this Franchise and located in the member municipalities of the Commission. 1.2.28 "PEG" means public, educational, religious and governmental. 1.2.29 "Person" means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non-stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such term does not include the City or the Commission. 1.2.30 "Public Access Channel(s)" means any channels on the System set aside by the Grantee for Noncommercial use by the general public, as contemplated by applicable law. 1.2.31 "Ril!ht-of-Wav" or "Ril!hts-of-Way" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, .bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System, I-Net and DFOI.. No reference herein to a "Right-of-Way" 5 shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System, I-Net or DFOI. 1.2.32 "Ril!ht-of-Wav Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights-of-Way in the City, including registration, fees, and permitting requirements. 1.2.33 "Standard Installation" means any residential Installation which can be completed using a Drop of 150 feet or less. 1.2.34 "State" means the State of Minnesota, its agencies and departments. 1.2.35 "Subscriber" means any Person that lawfully receives service via the System with the Grantee's express permission. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.2.36 "Svstem Upl!rade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in Section 4. . 6 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee, the City and the Commission shall comply with all provisions of this Franchise and applicable law, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein, may be deemed a violation of this Franchise. 2.2 Grant of Nonexclusive Authoritv. 2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System in, along, among, upon, across, above, over, or under the Rights-of-Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the S)(stem for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights-of-Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to do so. 2.2.2 Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or with the present use of the Right-of-Way. 2.2.3 This Franchise and the right it grants to use and occupy the Rights-of-Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. Provided, however, that the City shall not authorize or permit itself or another Person or governmental body to construct, operate or maintain a Cable System on material terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the Grantee. 2.2.4 This Franchise authorizes only the use of Rights-of- Way for the provision of Cable Service. Therefore, the grant of this Franchise and the payment of franchise fees 7 hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights-of- Way; provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory. 2.3 Lease or Assienment Prohibited. No Person or governmental body may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay franchise fees on such Person's or governmental body's use of the System to provide Cable Services, to the extent there would be such a requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10.5. 2.4 Franchise Term. This Franchise shall be in effect for a period of fifteen (IS) years, such term cOnUnencing on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked or terminated as herein provided. 2.5 Previous Franchises. As of the Effective Date, this Franchise shall supercede and replace any previous Ordinance, as amended, of the City granting a Franchise to Grantee, except the Grantee, the City and Commission shall continue to be bound by the MOD (except as modified or superseded herein) and by any previously accrued but unfulfilled obligations under Ordinance No. 40 (the "Prior Franchise") for which the Grantee had notice. Except as otherwise provided in this Franchise, the Grantee shall remain liable for payments of all franchise fees and other amounts owed under the Prior Franchise and the MOD, and for all unfulfilled actions that the Grantee was notified of and required to take under the Prior Franchise up to the Effective Date of this Franchise. The grant of this Franchise shall have no effect on the Grantee's duty under the Prior Franchise to indemnify or insure the City against acts and omissions occurring during the period that the Prior Franchise was in effect. 2.6 Compliance with Applicable Laws. Resolutions and Ordinances. 2.6.1 The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's right to adopt and enforce additional generally applicable ordinances and 8 regulations, and lawful and applicable zoning, building, perrmttmg and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights-of-Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision( s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of the Grantee as provided in Section 13.3 herein. 2.6.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights-of-Way within the City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way that exceed burdens on similarly situated Right-of-Way users. 2.6.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise and any lawfully applicable City ordinance or regulation which addresses usage of the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this Franchise shall be superseded by such City ordinance or regulation; except that the Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Public Rights-of-Way that exceed burdens on similarly situated Right-of-Way users. 2.6.4 In the event any lawfully applicable City ordinance or regulation which addresses usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted; except that the Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way that exceed burdens on similarly situated Rights-of-Way users. 2.6.5 In the event the Grantee cannot determine how to comply with any Right-of-Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee's proposed interpretation, to the City. The City shall provide a written response within ten (10) business days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its 9 proposed interpretation in the event a written response is not received within thirteen (13) business days of mailing or delivering such written question. 2.7 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any other body having lawful jurisdiction. 2.8 Territorial Area Involved. This Franchise is granted for the corporate boundaries of the City, as they exist from time to time; provided, however, that the Grantee shall not be required to extend service beyond its present System boundaries except pursuant to the line extension requirement set forth in Section 4.54ofthis Franchise. 2.9 Written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City's designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Centerville 1880 Main Street Centervillc, Minnesota 55038-9794 Attention: City Manager/Administrator With copies to: Executive Director North Metro Telecommunications Commission 1630 101st Avenue, N.E. Blaine, Minnesota 55434 And to: Thomas D. Creighton, Esq. Creighton, Bradley & Guzzetta, LLC 5402 Parkdale Drive, Suite 102 Minneapolis, Minnesota 55416 If to Grantee: General Manager MediaOne d/b/a AT &T Broadband 10 10 River Park Plaza St. Paul, Minnesota 55107 With copies to: John F. Gibbs, Esq. Robins, Kaplan, Miller & Ciresi, LLP 2800 LaSalle Plaza 800 LaSalle Avenue South Minneapolis, Minnesota 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 2.10 Effective Date. This Franchise shall become effective after: (i) all conditions precedent to its effectiveness as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been approved by the City Council in accordance with applicable law; and (iv) it has been accepted and signed by the Grantee and the City in accordance with Section 14 (the "Effective Date"). < 2.11 Grantee Not a Common Carrier. Nothing in this Franchise shall be deemed to require the Grantee to assume the status of a common carrier as defined under applicable law. SECTION 3. CONSTRUCTION STANDARDS 3.1 Registration, Permits and Construction Codes. 3.1.1 The Grantee shall strictly adhere to all State and local laws, regulations and policies adopted by the City Council applicable to the location, construction, installation, operation or maintenance of the System, I-Net and DFOI in the City. The City and/or its delegatee has the right to supervise all construction or installation work performed in the Rights-of-Way as it shall find necessary to ensure compliance with the terms of this Franchise and other applicable provisions oflaw and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Restoration of Rights-of-Way and Property. Any Rights-of-Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire alarm, police communication or traffic control facility of the City, or any other public or private property, which is disturbed, damaged or destroyed during the construction, repair, 11 replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System, the I-Net and/or the DFOI shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to fire and police department facilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commenced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained from the appropriate City agency or department. In all other cases, reconstruction, replacement, restoration or repairs shall be commenced within no more than three (3) days after the damage, disturbance or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights-of-Way, public or private property back into good condition. In the event City determines that the Grantee is responsible for such disturbance or damage, the Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction and restoration. 3.3 Conditions on Ril!ht-of-Wav Use. , 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating or repairing any sidewalk or other public work. 3.3.2 All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights-of-Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights-of-Way and not to interfere with existing public utility installations. 3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights-of- Way construction; street maintenance or repair (including resurfacing or widening); change in Right-of-Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government- owned communications or traffic control system, public work or improvement of government-owned utility; Right-of-Way vacation; or for any other purpose where the convenience of the City would be served thereby. If the Grantee fails, neglects or refuses to comply with the City's request, the City may protect, support, temporarily disconnect, relocate or remove the appropriate portions of the System, 12 the I-Net and/or the DFOI at the Grantee's expense for any of the City's incremental costs incurred as a result of the Grantee's failure to comply. Except for the City's gross negligence, the City shall not be liable to the Grantee for damages resulting from the City's protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. 3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System, I-Net or DFOI above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits or other fixtures placed in any Right-of-Way shall be so placed as to comply with all lawful requirements of the City. 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same. The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System, the I-Net and the DFOI trees or other vegetation in and along or overhanging the Rights-of-Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. All trimming shall be performed at no cost to the City, the Commission or a homeowner. 3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-of-Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights-of-Way, the Grantee shall, after thirty (30) days' advance written notice and payment of an costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights-of-Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the System, I-Net and/or DFOI is contributing to an imminent danger to health, safety or property, as reasonably determined by the City, after providing actual notice to the Grantee, if it is reasonably feasible to do so, the City may remove or relocate any or all parts of the System, I-Net and/or DFOI at no 13 expense to the City or the Commission other than the City's cost to act on such determination. 3.4 Use of Existinl! Poles and Underl!roundinl! of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not make arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wire holding structures if the City determines that the public convenience would be enhanced thereby and the terms available to the Grantee for the use of such poles and structures are just and reasonable. 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, similarly move its cables and lines. If the City reimburses or otherwise compensates any Person using the Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the City shall also reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall not oppose or otherwise hinder any application for or receipt of such funds on behalf of the Grantee. 3.5 Installation of Facilities. 3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures or other wire-holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. 3.5.2 No placement of any pole or wire holding structure of the Grantee is to be considered a vested fee interest in the Rights-of-Way or in City property. Whenever feasible, ail transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the 14 City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 3.6 Safetv Requirements. 3.6.1 All applicable safety practices required by law shall be used during construction, maintenance and repair of the System, the I-Net and the DFOI. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All structures and all lines, equipment and connections in the Rights-of- Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. 3.6.2 The Grantee's construction, operation or maintenance of the System, the I-Net and the DFOI, as applicable, shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. < 3.6.3 The Grantee shall install and maintain such devices as will apprise or warn Persons and governmental entities using the Rights-of-Way of the existence of work being performed on the System, the I-Net and/or the DFOI in Rights-of- Way. 3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise known as "Gopher State One Call") or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this Franchise, the Grantee shall identify the location of its facilities for the City or the Commission at no charge to the City or the Commission. 3.7 City Use of Facilities. The City, after consultation with the Grantee, shall have the right to use for its sole Noncommercial purposes the Grantee's poles, conduits, ducts and manholes free of charge, provided that such current or continued use will not unreasonably interfere with the present or future needs or operations ofthe Grantee. 3.8 Removal of Facilities at Expiration of Franchise. At the expiration ofthe term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at the Grantee's sole expense: (i) to remove all portions of the System from all Rights-of-Way within the City; and (ii) to restore affected sites to their original condition. Should the Grantee fail, refuse or neglect to comply with the City's directive, all portions of the System, or any part thereof, may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or 15 relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. SECTION 4. DESIGN PROVISIONS 4.1 System Facilities and Equipment. 4.1.1 Upon completion of the subscriber network System Upgrade, the System generally shall have at least the following characteristics: 4.1.1.1 4.1.1.2 4.1.1.3 4.1.1.4 4.1.1.5 a modem design when built, utilizing an architecture that will permit additional improvements necessary for high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-four (24) hour a day basis without severe material degradation during operating conditions typical to the Minneapolis/St. Paul metropolitan area; standby power generating capacity at the headend. The Grantee shall maintain motorized standby power generators capable of powering all headend equipment for at least twenty-foUr (24) hours. The back-up power supplies serving the System shall be capable of providing power to the System for not less than three (3) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable motorized generators to be deployed in the event that 'the duration of a power disruption is expected to exceed three (3) hours; facilities of good and durable quality, generally used III high- quality, reliable systems of similar design; a System that conforms to or exceeds all applicable FCC technical performance standards, as anlended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards, Upstream signals shall at all times meet or exceed manufacturers' specifications for successful operation of upstream equipment provided by the Grantee or approved for use by the Grantee at any Subscriber's premises. End of the line performance must meet or exceed FCC specifications at the end of the Subscriber Drop; a System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of exanlple (but not limitation): 16 4.1.1.6 4.1.1.7 4.1.1.8 4.1.1.9 4.1.1.10 4.1.1.11 4.1.1.12 (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time; facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subsection 4.1.1.5; such facilities and equipment as necessary to maintain, operate and evaluate the Grantee's System for compliance with FCC technical and customer service standards, as such standards may hereafter be amended; status monitoring equipment to alert the Grantee when and where back-up power supplies are being used, which capability shall be activated and used on or before the completion of the System Upgrade; all facilities and equipment required to properly test the ~ystem and conduct an ongoing and active program of preventative and demand maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problems; antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the Federal Communications Commission and all other applicable codes and regulations; facilities and equipment at the headend allowing the Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration. For example, the headend should include equipment that will transmit color video signals received at the headend in color, stereo audio signals received at the headend in BTSC stereo format, and a signal received with a secondary audio track with both audio tracks; the Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls; 17 4.1.1.13 4.1.1.14 4.1.1.15 facilities and equipment capable of operating within the temperature ranges typical to the climate of the North Metro Franchise Area over the calendar year; the System shall be so constructed and operated that there is no perceptible deterioration in the quality of Public, Educational, Governmental or religious Access Channel signals after delivery of such signals to the first interface point with an Institutional Network hub, Grantee's headend or the subscriber network, whichever is applicable, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers to delivery that is within the control of the Grantee; and the Grantee must have TDD/TYY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company. 4.1.2 The Grantee is authorized and required to continue to operate Grantee's Cable System substantially as it exists on the date hereof, and to provide service substantially equivalent to its existing service, within the territorial limits of the City as of the Effective Date of this Franchise, until such time as the System is upgraded, as provided herein. 4.1.3 The Grantee shall complete a System Upgrade in accordance with the schedule set forth in subsection 4.2 providing at least the following characteristics: 4.1.3.1 4.1.3.2 4.1.3.3 4.1.3.4 upon completion of the System Upgrade, the System shall include a hybrid fiber-coaxial architecture, with fiber-optic cable from the headend to hubs, and from hubs to Nodes. Nodes System-wide shall serve on average 250 dwelling units or less, with a minimum of three (3) fibers connecting such a 250-home average Node to System headends and hubs. Individual Nodes may serve cable passing a number of dwelling units in excess of 250, provided there is no adverse effect on the performance characteristics of the System serving Subscribers from that Node. No Node shall serve more than 750 dwelling units. the capability of supporting both analog and digital Cable Services; segmentation of the System, including Nodes that are divisible by two, so that sufficient capacity is available for targeted and interactive services at all times; activation of the bandwidth from 5 to 42 MHz for upstream transmissions on the System; 18 4.1.3.5 4.1.3.6 4.1.3.7 4.1.3.8 an average of no more than four (4), but in no event more than seven (7), amplifiers per coaxial cable in each cascade from any Node; a capacity rating of at least 860 MHz for all active and passive components; audio control units shall be utilized for each channel for volume control on analog service, excluding off-air broadcast channels or channels that are sent through a processor instead of being modulated and de-modulated, locally processed in the hub serving the geographic area; and electronic transmission and powering equipment connecting the hub(s) in the North Metro System to the Grantee's other hubs and/or headend facilities in the Twin Cities metropolitan area shall be of a redundant design. 4.1.4. The upgraded System shall initially have a minimum analog channel capacity of at least 78 channels, downstream to all Subscribers, plus additional capacity for digital and other services. 4.1.5. The System shall be designed, constructed and activated in order to facilitate narrow casting of Goverument Access Channels discretely by municipality. The Grantee shall provide and maintain all equipment and facilities necessary to accomplish this narrowcasting, at no cost to the City or the Commission. 4.1.6. All power supplies for the System shall be equipped with standby power capability in accordance with Section 4.1.1.2. Additionally, the Grantee shall use status monitoring equipment at all power supply locations in the System. Such equipment shall have the capabilities described in Section 4.1.1.8. 4.1.7. PEG channels shall not be channel mapped without the prior approval of the Commission. As to all other channels, the Grantee shall make good faith efforts to avoid channel mapping unless that mapping is required to deliver a high-quality signal or to comply with applicable laws or regulations. In the event mapping of non-PEG channels is required to deliver a high quality signal or to comply with applicable laws or regulations, the Grantee agrees to map as few channels as possible. 4.1.8. Emergency Alert System. 4.1.8.1. The Grantee shall install and thereafter maintain an Emergency Alert System ("EAS") fully compliant with local, state and federal 19 4.1.8.2. 4.1.8.3. EAS requirements. This EAS shall at all times be operated in compliance with FCC regulations. The Grantee shall, at no cost to the City or Commission, furnish and install equipment that will allow a representative of the City to remotely activate the EAS, including activation by telephone, and to override the audio and video on all channels on the Grantee's Cable System that may be lawfully overridden (subject to any contractual or other rights of broadcasters) without the assistance of the Grantee, for emergency broadcasts. The City or the Commission may, from time to time, conduct reasonable tests of the EAS. The City or the Commission shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent use of the Grantee's Cable System in any manner that results in unlawful use thereof, or any physical loss or physical damage to the Cable System. Except to the extent expressly prohibited by law, the City and the Commission shall hold the Grantee, its employees, officers and assigns harmless from any claims by third parties arising out of use of the EAS, including but not limited to reasonable attorneys' fees and costs. The City or the Commission shall provide reasonable notice to the Grantee prior to any test use of the EAS. The Grantee shall cooperate with the City and/or the Commission in any such test. 4.1.9. During the design, walkout and preliminary construction activities related to the System Upgrade, the Grantee shall attempt to identify and take into account the Cable Service interests of the business community within the City. The Grantee shall, in connection with the System Upgrade, install conduit adequately sized to address future System rebuilds or System additions, with the intent to obviate the need to reopen the Rights-of-Way for construction and installation work. 4.1.10. The City may request, as part of the System Upgrade, that the Grantee remove from the Rights-of-Way, at its own expense, existing equipment, plant and facilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights-of-Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thereby stay City action until a final decision is issued by the City Council. In the event existing facilities, plant and equipment are left underground in the Rights-of-Way, the City or the Commission may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unused facilities, plant and equipment, if such information has not already been provided to the City or the Commission. 20 4.1.11. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions ofthe FCC. 4.2 Svstem Construction Timetable. 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 Grantee shall complete all construction related to the System Upgrade and shall fully activate the upgraded System no later than July 15, 2004. The Grantee shall provide, where reasonably feasible, for phased activation launches of the subscriber network. Failure to timely complete construction of the System Upgrade shall be a violation of this Franchise. Within ninety (90) days after the Effective Date of this Franchise, the Grantee shall commence application for necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. . Within ninety (90) days after the Effective Date of this renewed Franchise, Grantee shall commence System preliminary construction, walkout, electronic design, fiber design, and other associated System Upgrade and construction steps, and shall give written notice to the City and the Commission upon commencement of such activities. All construction shall be performed in accordance with applicable laws, procedures, standards and regulations, except where specifically waived by the City. The Grantee shall provide the City and the Commission with notice prior to commencement of steps of the System Upgrade in which possible service disruptions or physical construction activities may occur, including but not limited to: (i) tap pedestal replacements; (ii) amplifier/line extender pedestal replacements; (iii) underground duct replacement; (iv) overlashing of aerial fiber optic lines; and (v) underground placement or replacement of coaxial cables. Upon completion of the System Upgrade initial design, the Grantee shall make available to the City and the Commission for review, on a confidential basis, a concise description of the facilities proposed to be erected or installed, and subscriber network design prints/map( s), which shall include at least the following elements: (i) trunk and feeder design; (ii) fiber routes; (iii) Node locations; (iv) standby power supply locations; and (v) areas of the City to be served by each Node. 21 4.2.7 The Grantee shall maintain complete and comprehensive as-built drawings of the subscriber network, I-Net and DFOI throughout the Franchise term, and shall make them available to the Commission and/or the City for inspection, upon request, on a confidential basis. As-built drawings shall be updated continually as changes occur in the subscriber network, the I-Net and/or the DFOL The Grantee shall provide to the City, upon request, (including electronic form) copies of all as-built drawings showing the Grantee's facilities and equipment in the Rights-of- Way, and on private property where necessary to investigate citizen complaints or to determine Franchise compliance. The Grantee shall also maintain throughout the Franchise term a full set of headend and hub routing diagrams, showing routing from source input to combiner output and routing between head ends and hubs, for all subscriber network, I-Net and DFOI signal transport. Such routing diagrams shall be made available to the City and/or the Commission for inspection, upon request, on a confidential basis. 4.3 Periodic Pro2ress Reportin2. Following commencement of construction of the System Upgrade, the DFOI and the 1- Net upgrade or any similar major construction, the Grantee shall, upon request of the Commission, meet with the Commission and provide an update on the progress' of the System Upgrade, the DFOI construction and the I-Net upgrade or other construction. 4.3.1 Public Notification. Prior to the beginning of the System Upgrade, and periodically during each phase of construction, the Grantee shall inform the public and its Subscribers, through various means, about: (i) the progress of the System Upgrade or major construction; (ii) areas where construction crews will be working; and (iii) any expected temporary interruptions to existing services which may occur. 4.3.2 Delays in the Construction. The Grantee shall be excused from the timely performance of its obligation to begin and complete any System Upgrade, DFOI construction, and I-Net upgrade within the time specified herein, for the following occurrences: 4.3.2.1 Any "Force Majeure" situation, as described herein; and 4.3.2.2 Unreasonable failure or delay by the City to issue any permits or permission upon a timely and complete application submitted to the City by the Grantee or its contractor representative and tender of any required permit fee. 4.3.3 Consequences of Delays. Absent a showing of excusable delay pursuant to subsection 4.3.2 above, should the Grantee be unable to demonstrate the commencement or timely completion of the System Upgrade, the DFOI and the 1- Net upgrade by the times specified herein, or be unable to reasonably justify any delays, then the Grantee shall be in violation of a material provision of this 22 I Franchise and the City may, in its sole discretion, either grant the Grantee an extension of time to complete such construction, or implement any enforcement measures or penalties specified in this Franchise or the City Code, including but not limited to revocation of the Franchise. In the event of excusable delay pursuant to subsection 4.3.2, the time for completion will be extended by the period of such delay. 4.4 Line Extension Requirements. 4.4.1 Subject to subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service available to all residences and businesses which can be served by the Installation of a standard Drop within the City, including multiple dwelling unit buildings, whose owners or occupants request Cable Service, except for multiple dwelling unit buildings to which the Grantee, after best efforts, has not obtained authorization to access. 4.4.2 In those areas solidly shaded green, orange or blue on the "North Metro Franchise" map attached hereto as Exhibit E, and made a part hereof, Grantee must extend its System upon request to provide service to any Person or business, < without charging such Person or business more than the Standard Installation charges for the individual Subscriber's Drop. Grantee's System shall be capable of meeting this requirement no later than December 31, 2004. 4.4.3 Within the City's boundaries, including any areas annexed after the Effective Date of this Franchise, except those areas solidly shaded in green, blue or orange in Exhibit E (which shall be served in accordance with Section 4.4.2) the Grantee must extend its System upon request to provide service to any Person or business, without charging such Person or business more than the Standard Installation charges for the individual Subscriber's Drop, as long as the following conditions are satisfied, unless the Grantee demonstrates to the City's satisfaction that a waiver ofthis requirement is justified due to extraordinary circumstances: 4.4.3.1 the new Subscriber requesting service is located 150 feet or less from the termination ofthe Cable System; and 4.4.3.2 the area of the City in which the new Subscriber resides has a density of at least thirty-five (35) dwelling units per mile of feeder cable, excluding Drop footage, when aerial construction is required for an extension, and at least fifty (50) dwelling units per mile of feeder cable, excluding Drop footage, when underground construction is required for an extension. All areas that reach the applicable density requirement at any time during the Franchise term shall be provided service upon reaching the minimum density. The City, for its part, shall facilitate the extension of service by requiring developers and utility companies to provide the Grantee with at least fifteen (15) days advance notice of an available open 23 trench for the placement of necessary cable, but in no event shall the City have any liability for its failure to require any Person to provide notice, or for any developer's or utility company's failure to provide advance notice hereunder. 4.4.4 In the event that the requirements set forth in subsection 4.4.3 are not met, Persons requesting service can be required to bear the remainder of the total construction costs on a pro rata basis. 4.4.4.1 The "total construction costs" are defined as the Actual Cost to construct the entire extension including electronics, pole make- ready charges and labor, but not the cost of the house Drop. 4.4.4.2 In the event the number of Subscribers in a particular area of the City reaches the density specified in Section 4.4.3.2 within three (3) years from the date construction of the extension is completed, the Grantee shall return to the then existing Subscribers, pro rata, the full amount of their contributions for the extension. 4.4.5 Irrespective of the density requirements set forth in this Section 4.4, the Grantee shall continue to offer Service to all dwelling units serviceable prior to the System Upgrade. 4.4.6 Except as otherwise provided herein, the Grantee shall be given a reasonable period of time to constmct and activate cable plant to service annexed or newly developed areas, but in no event shall the applicable timeframe exceed twelve (12) months from notice thereof by the City to Grantee, and qualification of the area requesting service pursuant to Section 4.4.3.2. Nothing in this paragraph shall be construed to limit or otherwise modify the requirement set forth in subsection 4.4.2. 4.5 System Maintenance. 4.5.1 The Grantee shall interrupt Cable Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. The Grantee shall use its best efforts to provide the Commission with at least twenty-four (24) hours prior notice of a planned service interruption, except for a planned service interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (l00) Subscribers or less than a fifteen (15) minute interruption. 4.5.2 Maintenance of the System shall be performed in accordance with the technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's entry into this field, the City may adopt such technical performance and operating standards as its own, and the Grantee shall comply with them at all times. 24 4.6 System Tests and Inspections; Special Testine:. 4.6.1 Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise and other performance standards established by law or regulation. 4.6.2 The City and the Commission shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City and/or the Commission may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City and/or the Commission shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. 4.6.3 Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City andjor the Commission, as applicable, shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City and/or the Commission wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee's expense by a qualified engineer selected by the City and/or the Commission, as applicable, and the Grantee shall cooperate in such testing. 4.6.4 Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee's chief technical authority, who shall certify all records of tests provided to the City and the Commission. 4.6.5 The Grantee shall provide the City and the Commission with at least two (2) business days' prior written notice of, and opportunity to observe, any tests performed on the System. 4.6.5.1 Test results shall be filed with the City and the Commission within fourteen (14) days of a written request by the City and/or the Commission. 4.6.5.2 If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City or the Commission, shall take corrective action, retest the locations and advise the City and the Commission of the action taken and the results achieved by filing a written report certified by the Grantee's chief technical authority. 25 4.7 Drop Testiul! and Replacement. The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing the full 860 MHz System capacity at the time a Subscriber upgrades service to a level which requires a signal above the 550 MHz spectrum. 4.8 FCC Reports. Unless otherwise required by the terms of this Franchise, the results of any tests required to be filed by Grantee with the FCC or in the Grantee's public file shall upon request of the City or the Commission also be filed with the City or the Commission, as applicable, within ten (10) days of the request. 4.9 Lockout Capabilitv. Upon the request of a Subscriber, the Grantee shall make lockout capability available at no additional charge, other than a charge for a Converter. 4.10 Tvpes of Service. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 4.11 Uses of Svstem. The Grantee shall, upon request of the Commission, advise the Commission of all active uses of the System, for both entertainment and other purposes, and the Commission shall have the right to conduct unannounced audits of such usage. 4.12 Additional Capacity. The Grantee shall notify the City and the Commission in writing, in advance of the installation of any fiber optic capacity not contemplated by the initial design or System Upgrade, so that additional fibers may be installed on an Actual Cost basis for govemment and institutional use. If the City wishes to request additional fiber, it may notify the Grantee within fifteen (15) days of receipt of the Grantee's notification. SECTION 5. SERVICE PROVISIONS 5.1 Customer Service Standards. The Grantee shall at all times comply with FCC customer service standards. In addition, the Grantee shall at all times satisfy all additional or stricter customer service 26 I requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City. 5.2 Video Prol!:ramminl!:. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that the Grantee notifies the City, the Commission and Subscribers in writing thirty (30) days prior to any channel additions, deletions or realignments unless otherwise permitted under applicable federal, State and local laws and regulations. Grantee shall cooperate with the City, and use best efforts to provide all Subscriber notices to the Commission prior to delivery to Subscribers. Location and relocation of the PEG channels shall be governed by Sections 6.1.3-6.1.4. 5.3 Rel!:ulation of Service Rates. 5.3.1 The City and/or its delegatee may regulate rates for the provision of Cable Service, equipment or any other communications service provided over the System to the extent allowed under federal or State law(s). The City reseryes the right to regulate rates for any future services to the extent permitted by law. 5.3.2 The Grantee shall provide at least one billing cycle prior written notice (or such longer period as may be specified in FCC regulations) to Subscribers and to the City of any changes in rates, regardless of whether or not the Grantee believes the affected rates are subj ect to regulation, except to the extent such notice requirement is specifically waived by governing law. Bills must be clear, concise and understandable, with itemization of all charges. 5.4. Sales Procedures. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. In its initial communication or contact with a Subscriber or a non- Subscriber, and in all general solicitation materials marketing the Grantee or its Services as a whole, the Grantee shall inform the non-Subscriber of all levels of Service available, including the lowest priced and free service tiers. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. 5.5 Subscriber InQuirv and Complaint Procedures. 5.5.1 The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days-a- year basis. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. 27 5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy signal less than three (3) percent of the time. 5.5.3 Subject to the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain written records of all complaints received from the City and the Commission and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of the Grantee. The Grantee shall provide the City and/or the Commission with a written summary of such complaints, upon request. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to tIle City and/or the Commission, upon request. 5.5.4 Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a service interruption within twenty-four (24) hours after the service interruption becomes known and pursue to conclusion all steps reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. 5.5.5 The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four-hour time block during the hours of9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use hislher best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5.5.6 The Grantee shall respond to written complaints from the City and the Commission in a timely manner, and provide a copy of each response to the City and the Commission within thirty (30) days. In addition, the Grantee shall 28 I respond to all written complaints from Subscribers within (30) days of receipt of the complaint. 5.6 Subscriber Contracts. The Grantee shall file with the Commission any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the Commission a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 5.7 Service Credit. 5.7.1 In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. 5.7.2 If, for any reason, Service is interrupted for a total period of more than t"wenty- four (24) hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such interruption. 5.8 Refunds or Credits. 5.8.1 Any refund checks shall be issued promptly, but not later than either: 5.8.1.1 the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or 5.8.1.2 the return of the equipment supplied by the Grantee if Service is terminated. 5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.9 Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. Late fee amounts on file with the Commission shall not be adjusted by the Grantee without the Commission's prior approval. 5.10 Notice to Subscribers. 5.10.1 The Grantee shall provide each Subscriber at the time Cable Service is installed, and at least every twelve (12) months thereafter, the following materials: 29 5.10.1.1 5.10.1.2 5.10.1.3 5.10.1.4 5.10.1.5 instructions on how to use the Cable Service; billing and complaint procedures, and written instructions for .placing a service call, filing a complaint or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); a schedule ofrates and charges, channel positions and a description of products and services offered; prices and options for programming services and conditions of subscription to programming and other services; and a description of the Grantee's installation and service maintenance policies, Subscriber privacy rights, internet/Cable Modem policies and privacy rights (only at installation of such service), delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. . 5.10.2 Copies of materials specified in the preceding subsection shall be provided to the City and the Commission upon request. 5.10.3 All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price information is listed in any manner, shall be clear, concise, accurate and understandable. 5.11. Exclusive Contracts and Anticompetitive Acts Prohibited. 5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive contract as a condition of providing or continuing Cable Service. 5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 5.12. Office Availability and Drop Boxes. 5.12.1 The Grantee shall install, maintain and operate, throughout the term of this Franchise, a single drop box in the North Metro Franchise Area at a location agreed upon by the Commission and the Grantee. Additional drop boxes may be installed at other locations. The purpose of the drop box(es) shall be to receive Subscriber payments. Drop boxes shall be emptied at least once a day, Monday through Friday, with the exception of legal holidays, and payments shall be posted to Subscribers' accounts within forty-eight (48) hours of pick-up. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the 30 I I I Grantee to empty a drop box as specified herein, or to properly credit a Subscriber for a payment timely made. 5.12.2 The Grantee shall, at the request of and at no delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Converters and remote controls). 5.12.3 After consultation with the Commission, the Grantee shall provide Subscribers with at least sixty (60) days' prior notice of any change in the location of the customer service center serving the North Metro System, which notice shall apprise Subscribers of the customer service center's new address, and the date the changeover will take place. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 6.1. Public, Educational and Government Access. 6.1.1 The Commission is hereby designated to operate, administer, promote, and manage PEG access programming on the Cable System. . 6.1.2 The Grantee shall continue to dedicate and make available six (6) 6 MHz analog video channels for public, educational, governmental and religious use. The six (6) 6 MHz PEG Access Channels shall be allocated as follows on the Effective Date ofthis Franchise: 6.1.2.1 one (1) full-time 6MHz analog video channel for Noncommercial City Government Access Channel use, designed, constructed and activated for discrete transmissions, as described in subsection 4.1.5; 6.1.2.2 one (1) full-time 6 MHz analog video channel for Noncommercial Public Access Channel use; and 6.1.2.3 three (3) full-time 6 MHz analog video channels for Noncommercial Educational Access Channel use; and 6.1.2.4 one (1) full-time 6 MHz analog video channel for Noncommercial religious access use. The Commission shall have the right to rename, reprogram or otherwise change the use of these channels at any time, in its sole discretion, provided such use is Noncommercial and public, educational, governmental or religious in nature. Nothing herein shall diminish any rights of the City and the Commission to secure additional PEG channels pursuant to Minn. Stat. 9238.084, which is expressly incorporated herein by reference. 31 6.1.3 Public Access Channel 15 and Govemment Access Channel 16 shall not be relocated without the consent of the Commission. If the Commission agrees to change the channel designation for Public Access Channel 15 and/or Government Access Channel 16, the Grantee must provide at least three (3) months notice to the City and the Commission prior to implementing the change, and shall reimburse the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards and signage; (ii) any marketing and notice of the channel change that the Commission reasonably determines is necessary; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location of the affected PEG channel( s) during the twelve- month period preceding the effective date of the channel change. Alternatively, the Grantee may choose to supply necessary equipment itself, provided such equipment is satisfactory to the Commission or PEG entity. 6.1.4 Prior to the completion of the System Upgrade, the Grantee shall have the right to relocate each of the PEG channels (other than Public Access Channel 15 and Government Access Channel 16) one time without the Commission's consent, and without reimbursing the Commission for any costs it incurs as a result of the relocation. If a qualified PEG channel has been relocated once without Commission approval, that channel may not be moved again unless: <(i) the Commission has consented to the move; and (ii) the Grantee reimburses the Commission and/or a PEG entity for all reasonable costs of such move, as described below, and provides at least three (3) months notice to the Commission and the City before making the change in channel designation. After the System Upgrade is completed, no PEG channel shall be relocated without the consent of the Commission. If the Commission agrees to change the channel designation for a PEG channel, the Grantee must provide at least three (3) months notice to the City and the Commission prior to implementing the change, and shall reimburse the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards and signage; (ii) any marketing and notice of the channel change that the Commission reasonably determines is necessary; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location ofthe affected PEG channel(s) during the twelve- month period preceding the effective date of the channel change. Alternatively, the Grantee may choose to supply necessary equipment itself, provided such equipment is satisfactory to the Commission or PEG entity. Notwithstanding anything to the contrary, the Grantee shall not be required to repay any school for anyon-premises school expenses that arise out of any PEG channel relocation. 6.1.5 As long as the Grantee's System carries Basic Cable Service channels in analog format, the Grantee must make the PEG channels available in analog format to Subscribers within the City. If and when the Grantee's Cable System carries PEG channels in digital format, those digital PEG channels must be made available to all Subscribers in the City. At all times, the Grantee's Cable System must make the PEG channels available to all Basic Cable Service Subscribers residing within the City in at least one format (digital or analog); thus, the Grantee shall make the 32 PEG channels available to all such Subscribers in analog format unless and until it makes Basic Cable Service channels available to Subscribers only in digital format. If the Grantee opts to carry PEG channels in a digital format, it shan assume the cost of replacing an equipment necessary to ensure that once the PEG signals leave the Commission's router, the signals can be transmitted on the Grantee's appropriate service tier. 6.1.6 In the event the Grantee makes any change in the System and related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG channel progrannning or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission equipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecasted efficiently to Subscribers. 6.1.7 An PEG channels shall be transmitted in the same format as all other Basic Cable Service channels and shan be carried on the Basic Service tier. < 6.1.8 Except as otherwise provided in this Franchise, the Commission shan be responsible for any necessary master control switching of PEG signals and Institutional Network and DFOI transmissions. 6.1.9 The Grantee shall not transmit, carry or cablecast PEG signals originated or produced in the North Metro Franchise Area outside the North Metro Franchise Area without the prior written consent of the Commission. 6.2. PEG Support Oblil!:ations. 6.2.1 The Grantee shall comply with the terms and conditions of the MOD throughout the Franchise term, except as the MOD is modified or superseded herein. Beginning on the Effective Date, the Grantee shall continue to collect and transmit to the Commission the PEG Fee from all Subscribers receiving and paying for Basic Cable Service from Grantee, in an amount as set in accordance with the MOD. Pursuant to the terms of the MOD, the Grantee may continue to itemize the PEG Fee on Subscriber billing statements. The Grantee shall apply one PEG Fee on the master account for services to non-dwelling bulk accounts (such as hotels, motels, prisons and hospitals). The Grantee shall calculate PEG Fees on a pro rata basis for bulk accounts in residential multiple dwelling unit ("MDD") buildings in the following manner: if the bulk rate for Basic Cable Service is one third (1/3) of the current residential rate, then a pro rated PEG Fee shall be added to the bulk bill for an MDD building in an amount equal to one third (1/3) of the current PEG Fee. If the bulk rate for Basic Cable Service is raised in any MDD building, the pro-rated PEG Fee in that building shall be recalculated and set based on the foregoing formula, regardless of any cap on per 33 Subscriber PEG Fee amounts. Pursuant to the terms of the MOU, the amount of the PEG Fee may be increased annually by the CPI. During calendar year 2002, an estimated PEG Fee shall continue to be prepaid to the Commission on a quarterly basis, no later than thirty (30) days prior to the beginning of each calendar quarter. The estimated PEG Fee shall be reconciled annually to reflect actual PEG Fee receipts by the Grantee, subject to more frequent reconciliation ordered by the Commission. Any amounts due to the Commission as a result of a reconciliation shall be paid by the Grantee to the Commission within thirty (30) days following written notice to the Grantee by the Commission of the underpayment. If reconciliation discloses an overpayment by the Grantee, the Grantee may credit the amount of any overpayment against its next quarterly PEG Fee payment. Beginning in calendar year 2003, payments for the PEG Fee pursuant to this subsection shall be made quarterly based on actual receipts from the prior quarter on the same schedule as franchise fee payments. 6.2.2 The Grantee shall provide the fiber-optic or other cabling and other electronics, equipment, software and other materials necessary to transport all PEG signals from their origination point to and from the Commission's master control to the appropriate subscriber network channel, including channels provided discretely. If the Commission's master control continues to be located at 1630 10lst Avenue, NE, Blaine, MN, or ifthe Commission's master control is moved to a location up to 2,500 feet from the I-Net, the Grantee shall provide the aforementioned cabling, electronics, equipment, software and other materials at no cost to the City, the Commission, the North Metro Media Center, I-Net Users, Dark Fiber Infrastructure Users or Additional DFOI Users. Should the Commission re- locate its master control to a location that is more than 2,500 feet from the I-Net, the Grantee shall remain responsible for providing all cabling, electronics, equipment, software and materials necessary to transport all PEG signals from their origination point to and from the Commission's master control to the appropriate subscriber network channel; provided, however, that the Commission agrees to reimburse the Grantee for its Actual Costs in excess of the cost of the first 2,500 feet of construction and installation. The Grantee shall not take any action pursuant to this paragraph until notified, in writing, by the Commission of the intended location of the Commission's master control facility. Once notified by the Commission, in writing, of the intended location of the master control facility, the Grantee shaIl, within thirty (30) days of notification, prepare and tender for the Commission's review a design plan related to the transport, reception and routing of PEG signals to and from the master control facility. A cost estimate shall also be furnished to the Commission, at the same time the design plan is submitted, if the selected master control facility site is not located at 1630 101" Avenue, NE, Blaine, MN or within 2,500 feet of the I-Net. After the Commission has approved the design plan and cost estimate (if applicable), in writing, the Grantee shaIl construct, instaIl and activate all cabling, other electronics, equipment, software and other materials necessary to provide the origination capabilities described in this subsection 6.2.2, such that the capabilities are fully in place and functional prior to operational startup at the 34 master control facility. If reimbursement amounts are owed to the Grantee pursuant to this paragraph for construction and installation work, such amounts shall be paid by the Conunission within sixty (60) days of receiving an itemized invoice from the Grantee. No invoice shall be submitted to the Conunission by the Grantee until all the capabilities described herein are operating properly, as determined by Commission staff. Any invoices from Grantee's subcontractors will not be accepted by the Commission or the City for payment. 6.2.3 The Grantee on the one hand and the City and the Conunission on the other hand agree not to assert, raise or otherwise claim at any time before any court of competent jurisdiction or any administrative agency that, as of December 31, 2001, either party owes any amounts to the other party for actual or alleged overpayment(s) or underpayment(s) of PEG Fees or Franchise fees by the Grantee. In addition, the Grantee on the one hand and the City and the Commission on the other hand hereby: (i) completely and irrevocably release the other party from any liability or indebtedness for any actual or alleged PEG Fee and/or Franchise fee overpayments or underpayment(s) made by the Grantee that may exist as of December 31,2001; and (ii) Grantee agrees that it will not, at any time, offset or deduct any actual or alleged PEG Fee and/or Franchise fee overpayment amounts that may exist as of December 31,2001, from PEG Fees and Franchise fees owed and/or paid to the Conunission and/or the City. In exchange for the Grantye's conunitments under this paragraph, the City and the Conunission agree that they will not, at any time, audit the accuracy of PEG Fee and/or Franchise fee payments actually made to the Commission through the period ending December 31, 2001. If, for any reason or at any time, the Grantee fails to comply fully with its obligations under this subsection 6.2.3, the City and the Conunission shall regain the right to audit all of the Grantee's PEG Fee and/or Franchise fee payments, including (but not limited to) payments made under the Prior Franchise. 6.3 Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 6.5 PEG Obligations. Except as expressly provided in this Franchise, the Grantee shall not make any changes in PEG support or in the transmission, reception and carriage of PEG channels and equipment associated therewith, without the consent of the City and/or the Conunission. 6.6 Costs and Payments not Franchise Fees. 35 The parties agree that any costs to the Grantee and payments from the Grantee associated with the provision of support for PEG access, the DFOI or the Institutional Network pursuant to Sections 6 and 7 of this Franchise and the terms and conditions of the MOU do not constitute and are not part of a franchise fee and fall within one or more of the exceptions to 47 U.S.c. 9 542. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS 7.1. Institutional Network Facilities and Capacity. 7.1.1 Within the timeframe specified for the subscriber network upgrade in subsection 4.2 herein, the Grantee shall, at no cost to the City, the Commission or any institution, upgrade, construct and activate an Institutional Network which consists of the following facilities: (i) a minimum of three (3) bi-directional fiber optic lines to each of a minimum of nine (9) Nodes dedicated solely to the I-Net; and (ii) bi-directional coaxial cable links between all the sites listed in Exhibit A (the "HFC I-Net Sites"), which exhibit is made a part hereof, and the nearest I-Net Node. In addition, the Grantee shall, without charge to the City, the COmrllission, or I-Net Users, ensure that the existing I-Net is fully functional and in good working order within sixty (60) days of the Effective Date of this Franchise. As part of the foregoing requirement, the existing I-Net shall be capable of providing all existing services to all locations and institutions connected to the existing I-Net within sixty (60) days of the Effective Date. The upgraded Institutional Network shall have the capability to transmit any and all signals between the sites listed in Exhibit A. The institutions listed in Exhibit A ("I-Net Users") may not sell or resell services or capacity to any third party. However, I-Net Users may provide services to themselves, including those which the Grantee otherwise sells to others (for example, an institution may provide Internet service to itself or to other institutions that the Grantee sells to others). The limitations of this paragraph shall not prevent the City or the Commission from subleasing, bartering, selling, reselling or giving away capacity on the Institutional Network to any other public or nonprofit entity for Noncommercial purposes that do not directly compete with any products or services offered by the Grantee. Failure to timely complete construction of the I-Net upgrade shall be a violation ofthis Franchise. 7.1.2 All I-Net Nodes shall be connected via a minimum of three (3) bi-directional fiber optic lines to the hub serving the North Metro Franchise Area. The hub shall act as signal aggregation and turn-around points for I-Net signals within the North Metro Franchise Area. Such hub may also act as the main point of interconnection to the Grantee's regional fiber infrastructure for purposes of connecting to other institutional networks facilitated by the Grantee within the Minneapolis/St. Paul metropolitan area. The Grantee shall provide space for all necessary I-Net equipment at the pertinent hub, free of charge, and shall provide appropriate I-Net Users with access to I-Net equipment at the hub, immediately 36 upon request during normal business hours or within one (1) hour of a page to the on-call technician outside normal business hours. For purposes of this paragraph, the term "normal business hours" means Monday through Friday, 8:00 a.m. to 5 :00 p.m., excluding holidays. 7.1.3 The I-Net shall provide 450 MHz of activated capacity with no less than 156 MHz of bandwidth upstream and 210 MHz of bandwidth downstream to the HFC I-Net Sites. Such capacity, and any future activated capacity on the portion of the I-Net made available to the Commission, the City and/or I-Net Users, shall be furnished free of charge to the Commission, the City and/or I-Net Users. The I-Net shall have fiber introduced into it to limit amplifier cascades to no more than an average of four (4), and a maximum of seven (7), excluding the Node, for the HFC I-Net Sites. 7.1.4 The Grantee shall connect the HFC I-Net Sites to the Institutional Network, at no cost to the City, the Commission or I-Net Users. Other governmental, public, or educational institutions subsequently designated by the City or the Commission shall be connected to the I-Net via coaxial cable, free of charge, if such institutions are located 500 feet or less from the existing I-Net, or if such designated institutions agree to reimburse the Grantee for its Actual Costs in excess of the cost of the first 500 feet of such installation, including the cost of any additional necessary equipment, such as fiber, node(s), e~c., necessary to provide I-Net service. Such additional sites shall have an amplifier cascade as agreed to between the Grantee and the designated institution. 7.1.5 The I-Net shall be segmented to allow narrowcasting of signals within most municipal boundaries. The Grantee shall, at no cost to the City, the Commission or I-Net Users, provide and install all equipment necessary to achieve the required level of segmentation. 7.1.6 I-Net equipment at the hub related to the Institutional Network shall be connected to a gas powered generator capable of providing continuous electrical power, or equivalent, and to an uninterruptible power supply that both conditions commercial power and provides for zero transfer time between normal commercial power and hublheadend back-up generators. 7.1. 7 All I-Net distribution system power supplies shall have the standby capability of providing at least three (3) hours of backup power for all I-Net Nodes and other active devices throughout the I-Net. Each power supply shall have status monitoring installed in it. Prior to battery failure, the Grantee shall connect I-Net Node power supplies to portable generators capable of producing adequate electrical current until commercial power is restored. 7.1.8 Pilot generators shall be installed at the end of mutually agreed upon I-Net cascades carrying any transmissions. Pilot generators shall be installed at the end 37 of additional amplifier cascades when the Connnission, in its sole discretion, determines that a particular cascade is not performing adequately. 7.1.9 Within sixty (60) days of the Effective Date, and throughout the Franchise term thereafter (including any extensions thereof), the Grantee shall provide up to twenty (20) modulators and demodulators, on an as needed basis, for the provision of PEG programming at locations on the I-Net designated by the Connnission. If, at any time, it is determined that the I-Net is not meeting the performance specifications for PEG programming, either as transmitted over the I-Net, or as received by a Subscriber on the subscriber network, and standard maintenance or repair activities carmot resolve the performance problem, then the Grantee shall provide, at no charge to the City, the Commission or I-Net Users, necessary fiber optic cabling, transmitters and receivers for the PEG access origination connection that is transmitting the affected programming, if such an action will resolve the performance problem. 7.1.10 The Grantee has made available to the City and the Commission for review a detailed design map of the proposed Institutional Network construction plan, including the following elements: (i) coaxial cable route; (ii) proposed fiber route; (iii) location of Nodes serving the Institutional Network; (iv) the name and location of facilities being served by such Nodes; and (v) the number of amplifiers in each cascade within the Institutional Network. The Grantee has taken the comments of the City and/or the Commission into account in implementing the Institutional Network plan. 7.1.11 No I-Net Node shall be activated until it is tested, and the Grantee determines that all applicable technical standards have been met or exceeded. Specifically, the Grantee shall notify the Commission, or its designee, in writing, at least ten (10) days in advance of completion of construction of each I-Net Node and HFC I-Net site. The notice shall include the date the Grantee is prepared to conduct RF noise, distortion, peak to valley and other tests according to FCC rules, NCT A recommended practices or other acceptable test methodologies and other applicable tests. The Commission or its designee shall have the option of attending any tests conducted pursuant to this paragraph. All tests must be successfully completed. The hybrid fiber-coaxial tests shall be deemed successfully completed if specifications detailed in Exhibit B are met or bettered. If any I-Net Node does not pass the Grantee's performance test, the Grantee shall take all steps necessary to meet applicable standards, and the affected Node shall be retested prior to activation. The Grantee shall send the Commission and the City the results of each test conducted under this paragraph. 7.1.12 The Commission, or its designee, shall have the option of conducting a physical inspection of the construction and connections to each HFC I-Net Site and each 1- Net Node. This inspection shall be conducted no later than the date of the test in subsection 7.1.11. 38 7.1.13 After completing installation to each HFC I-Net Site and each I-Net Node, the Grantee shall provide the following documentation to the City or its designee: splice locations; panel numbers; cable numbering schemes; location of splitters; location of all RF actives and passives; OTDR; other optical, RF and coaxial test results and documentation; and any other pertinent documentation. 7.2 Dark Fiber Optic Infrastructure Requirements. 7.2.1 Within the timeframe specified for the subscriber network upgrade in subsection 4.2 herein, the Grantee shall, at no cost to the City, the Commission, I-Net Users or any institution designated for fiber connectivity by an asterisk on Exhibit A ("Dark Fiber Infrastructure Users") interconnect six (6) single mode fiber optic lines from each Dark Fiber Infrastructure User's site through the North Metro Media Center, or another site designated on Exhibit A with an asterisk, as determined by the Commission. The Grantee shall also, at no cost to the City, the Commission, I-Net Users or Dark Fiber Infrastructure Users, provide discrete, home-run, fiber optic cabling, consisting of a minimum of four (4) single mode fiber optic lines, from the I-Net hub(s) to each of the institutions designated by an asterisk in Exhibit A, except for the Independent School District 12 Area Learning Center, which shall instead have a 6-strand count fiber optic cOmlection from its location to the Independent School District 12 Headquarters. All home- run, fiber optic cabling, all excess capacity designated for extension, all fiber optic-based access origination links, and each 6-count fiber optic connection to Dark Fiber Infrastructure Users' sites shall be collectively referred to in this Franchise as the "Dark Fiber Optic Infrastructure" or the "DFOI." If more than one hub serves the DFOI networking needs of the Commission's member cities and other institutional users, then a discrete 6-strand count fiber connection will be made available as a DFOI interconnect between the hubs. In addition to the ten (10) Dark Fiber Infrastructure Users designated in Exhibit A, the Grantee shall connect up to nine (9) additional governmental, public or educational institutions subsequently designated by the Commission ("Additional DFOI Users") using the following parameters. The Grantee shall have two (2) single mode fibers available at each splice point. The Commission may request an extension of such fibers from a splice point to an Additional DFOI User's location. The Grantee shall not charge the City, Commission, I-Net Users or Dark Fiber Infrastructure Users for the two (2) single mode fibers from the I-Net hub to the respective splice point. The City, the Commission or the Additional DFOI User, as determined by the Commission, shall reimburse the Grantee for its Actual Cost of construction of two (2) single mode fibers from the splice point( s) to the Additional DFOI User's location(s). Any end-to-end fiber optic strands required by this paragraph shall be passively terminated to connectors at the patch panel of the telephone equipment room of each DFOI site or at another location mutually agreed to by the Grantee and the Dark Fiber Infrastructure User/Additional DFOI U seT. 39 7.2.2 Prior to the implementation of the DFOI described in S 7.2.1 above, the Grantee has made available to the City and the Commission for review a detailed design map of the proposed Dark Fiber Optic Infrastructure construction plan, including, but not limited to, (i) the proposed fiber route, and (ii) the name and location of facilities being served by the DFOI. The Grantee will take the comments of the City and/or the Commission into account in implementing the DFOI plan. 7.2.3 The DFOI shall not be considered accepted until all applicable cabling and construction standards have been met or exceeded. Specifically, the Grantee shall notify the Commission, or its designee, in writing, at least ten (10) days in advance of completion of construction of each DFOI site. The notice shall include the date the Grantee is prepared to conduct an OTDR test at 1550 nm and 1310 nm end-to-end, according to industry standard and accepted test methodologies. The Commission, or its designee, shall have the option of attending any test conducted pursuant to this paragraph. All tests must be successfully completed. The fiber optic tests shall be deemed successfully completed if the optical performance standards in Exhibit B are met or bettered. If any DFOI link does not pass the tests required herein, the Grantee shall take all necessary steps to meet the applicable standards, and the affected link shall be retested prior to acceptance. The Grantee shall send the Commission and the City the results of each test conducted under this paragraph. Failure to timely complete construction of the DFOI shall be a violation of this Franchise. 7.2.4 The Commission, or its designee, shall have the option of conducting a physical inspection of the construction of the DFOL This inspection shall be conducted no later than the date of a successfully completed test as described in Subsection 7.2.3. 7.2.5 After completing installation of each DFOI link, the Grantee shall provide documentation to the City, or its designee, including but not limited to: splice locations; panel numbers; strand numbering schemes; OTDR; other optical test results; and any other pertinent documentation. 7.2.6 Dark Fiber Infrastructure Users and any Additional DFOI Users connected to the DFOI shall be responsible for any end user or interface equipment needed for transmission or reception of signals on the Dark Fiber Optic Infrastructure, except as indicated in subsection 7.1.9. 7.3 Grantee's Use on-Net and DFOI Capacity. The I-Net and the DFOI shall be for the exclusive use of the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users throughout the term of the Franchise. Notwithstanding the foregoing, the Grantee may use capacity on the I-Net and the DFOI, including for lease or other commercial purposes, provided that the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI 40 Users are not using such capacity and further provided that the Grantee's use does not interfere with use of the I-Net and the DFOI by the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users. Upon receiving oral or written notice from the Commission, the Grantee or a lessee shall immediately cease using the I-Net or the DFOI for any purpose that the Commission, in its sole discretion, determines is interfering with I-Net Users', Dark Fiber Infrastructure Users' and/or Additional DFOI Users' communications. The Grantee or a lessee may appeal any determination concerning I-Net and DFOI interference to the City within ten (10) business days of the date that the requisite notice is received by the Grantee. Any such appeal shall: (i) be in writing; (ii) list the reasons that the Commission's determination regarding interference with I-Net Users', Dark Fiber Infrastructure Users' and/or Additional DFOI Users' communications is incorrect; and (iii) include any other information the Grantee or a lessee wishes the City to consider. Within forty-five (45) calendar days of receiving a written appeal under this paragraph, the City shall: (i) determine whether the Commission's conclusion that the Grantee or a lessee was interfering with I-Net Users', Dark Fiber Optic Infrastructure Users' and/or Additional DFOI Users' communications was justified; and (ii) inform the Grantee or a lessee in writing of its findings. Use of the I-Net and the DFOI by the City, the Commission, I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users shall, at all times, have priority over any usee s) by the Grantee or any lessee. The Grantee or a lessee shall terminate its use of any capacity on the I-Net or the DFOI within three (3) months after receiving notice from the Commission that the City, the Commission, or any I-Net User, Dark Fiber Infrastructure User or Additional DFOI User has determined to use such capacity. Any agreement entered into by the Grantee and a third party for the lease ofI- Net or DFOI capacity shall be subject to the terms and conditions ofthis Franchise. 7.4 I-Net and DFOI Performance Standards. The Grantee shall operate and maintain the I-Net and the DFOI in accordance with the technical and performance standards set forth in Exhibit B (I-Net and DFOI Performance Standards), which is made a part hereof. Upon request, the Grantee shall provide the City, or its designee, with reports of the performance of the I-Net and DFOI and the Grantee's compliance with the aforementioned technical and performance standards. 7.5 Institutional Network and DFOI Security. The Grantee and the City shall at all times use reasonable efforts to protect the security of the Institutional Network and the DFOI. For purposes of this paragraph, "to protect security" means to protect those physical elements of the Institutional Network and the DFOI under the party's direct control from unauthorized intrusion, signal theft, tampering, wiretapping or other actions that might: (i) compromise the integrity of or degrade the signals carried over the Institutional Network and/or the DFOI; or (ii) result in the unauthorized interception and disclosure of information. 41 7.6 Interconnection ofInstitutional Networks. 7.6.1 Within twelve (12) months of the Effective Date, the Grantee shall interconnect the I-Net and/or DFOI required herein with those institutional networks of Grantee's Systems, including (but not limited to) the institutional networks serving: (i) the City of Columbia Heights, Minnesota; (ii) the member cities of the Quad Cities Cable Communications Commission; (iii) the City of Coon Rapids, Minnesota; (iv) the member cities of the Northwest Suburban Cable Communications Commission; (v) the member cities of the North Suburban Communications Commission; (vi) the member cities of the RamseyfWashington Counties Suburban Cable Communications Commission; and (vii) the City of St. Paul, Minnesota ("Municipal Institutional Networks"); provided, however, that this requirement shall only apply with respect to a particular Municipal Institutional Network when the operator of that network agrees to interconnection. Each interconnection link shall be completed within a reasonable timeframe. mutually agreed upon by the Commission and the Grantee, unless an extension is granted upon petition by the Grantee. The Grantee shall be responsible for routing all signals carried over the interconnection links described in this paragraph, including signals that are originated by or intended for the Commission, the City, I-Net Users, Dark Fiber Infrastructure Users or any Additional DFOI Users. The Grantee shall not be responsible for end-user equipment, inclusive of cards necessary for the transport and reception of signals, located at the hub(s) and/or the location of any user. 7.6.2 Every interconnection link established pursuant to this Section 7.6 shall be designed, built and equipped to have the capability for the seamless transmission of all video, voice and data communications between the interconnected networks. If a fiber optic transmission medium is required for the interconnect to facilitate capacity, reliability or other networking needs, as determined by the City, Commission, I-Net User, Dark Fiber Infrastructure User or Additional DFOI User, such medium may use a non-exclusive fiber optic transmission medium employing at least two (2) strands per interconnect. If a hybrid fiber-coaxial transmission medium can be utilized for the interconnect, such medium shall provide, for the City's, the Commission's, an I-Net User's, a Dark Fiber Infrastructure User's and/or an Additional DFOI User's exclusive use, at least three (3) 6 MHz channels for fOlWard video purposes (free of charge), three (3) 6 MHz channels for return video purposes (free of charge), two (2) 6 MHz channels for fOlWard data and/or other purposes (free of charge) and two (2) 6 MHz channels for return data and/or other purposes (free of charge). 7.6.3 Any interconnection link provided by Grantee to the City, the Commission, an 1- Net User, a Dark Fiber Infrastructure User or an Additional DFOI User shall be on a nonexclusive basis. Capacity on interconnection links may be shared with others, including other cities, cable commissions, I-Net Users or Grantee. 42 7.6.4 The Grantee shall cooperate with any interconnection corporation, regional interconnection authority, or state or federal agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of cable systems beyond the boundaries of the City and/or the North Metro Franchise Area. 7.7 Subscriber Network Drops to Desienated Bui/dines. 7.7.1 Grantee shall provide or continue to provide, free of charge, Installation and activation of one (1) subscriber network Drop, and one (1) cable outlet at the institutions identified in Exhibit C, which is attached hereto and made a part hereof Institutions that do not have a free Drop and outlet as of the Effective Date shall be provided with an active, fully functional Drop and outlet within three (3) years of the Effective Date of this Franchise. 7.7.2 The Grantee shall provide or continue to provide Basic Cable Service and any equipment necessary to receive such service, free of charge, to all institutions identified in Exhibit C. Institutions currently receiving additional Cable Services from Grantee shall continue to receive those same services, or comparable services, during the term of this Franchise, free of charge. Institutions tha(do not have a Drop as of the Effective Date of this Franchise shall receive free Basic Cable Service at the time the Drop required under subsection 7.7.1 is activated. The Cable Service provided pursuant to this subsection shall not be used for commercial purposes nor shall other than PEG services be shown in areas open to the public. 7.7.3 Additional subscriber network Drops and/or outlets will be installed at designated institutions by the Grantee on an Actual Cost basis. Alternatively, said institution may add outlets at its own expense, as long as such Installation meets the Grantee's standards. The Grantee shall have three (3) months from the date of City designation of additional institution(s) to complete construction of the Drop and outlet, unless weather or other conditions beyond the control of the Grantee require more time. 7.7.4 The Grantee has established a voluntary initiative to provide cable Internet service to all State-accredited K-12 public and private schools and public libraries that are passed by the upgraded Cable System at no charge to the City or institutions. Grantee intends to provide each of these schools and libraries with one (1) outlet of Internet access, including the necessary cable modem. For as long as Grantee continues to offer free cable Internet service to accredited schools, Grantee shall also provide free cable Internet service and required modems to one (1) location at City Hall and to the Commission at its designated PEG access facility. 43 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 8.1. Administration of Franchise. The City's designated cable television administrator, or hislher designee, shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System, as are consistent with the provisions of this Franchise and law. 8.2. Delel!ated Authoritv. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such delegatee of the City. 8.3. Franchise Fee. < 8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its delegatee a Franchise fee in an amount equal to five percent (5%) of its Gross Revenues. 8.3.2 Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. The City or the Commission shall have the right to require further supporting information for each franchise fee payment. 8.3.3 All amounts paid shall be subject to audit and recomputation by City and/or the Commission, and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. The Grantee shall be responsible for providing the City and/or the Commission all records necessary to confirm the accurate payment of franchise fees. The Grantee shall maintain such records for five (5) years, unless in the Grantee's ordinary course of business specific records are retained for a shorter period, but in no event less than three (3) years. If an audit discloses an overpayment or underpayment of franchise fees, the City and/or the Commission shall notify the Grantee of such overpayment or underpayment. The City's/Commission's audit expenses shall be borne by the City/Commission unless the audit determines that the payment to the City should be increased by more than five percent (5%) in the audited period, in which case the costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City/Commission of the underpayment, which notice shall include a copy of the audit report. If the recomputation results in 44 additional revenue to be paid to the City, such lUIlount shall be subject to a ten percent (10%) annual interest charge. If the audit determines that there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. 8.3.4 In the event any franchise fee payment or recomputation lUIlOunt is not made on or before the required date, the Grantee shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rate often percent (10%). 8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. 8.3.6 The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part ofthe lUIlount of said franchise fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 8.4 Access to Records. To the extent such documents are related to Grantee's compliance with this Franchise or applicable law (the burden to allege and, if so alleged, the initial burden to demonstrate that such requested documents are not related to Grantee's compliance with this Franchise or applicable law shall be the Grantee's), the City/Commission shall have the right to inspect or copy any records or documents maintained by Grantee (or maintained by an Affiliate on behalf of the Grantee, to the extent that review of such record or document maintained by the Affiliate on behalf of the Grantee is necessary in order for the City/Commission to enforce compliance with this Franchise) upon reasonable notice and during Grantee's administrative office hours, or require Grantee to provide copies of records and documents within a reasonable time, on a confidential and proprietary basis, to the extent such records and documents otherwise qualify as nonpublic, confidential, trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's request, the Grantee shall provide to the City and/or the Commission copies of any records or documents that cannot be reasonably argued pursuant to applicable law to be nonpublic, confidential, trade secret or proprietary. 45 8.5. Reports and Maps to be Filed with City. 8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a report of all Gross Revenues in a form and substance as required by the City or the Commission. 8.5.2 The Grantee shall prepare and furnish to the City or the Commission, at the times and in the form prescribed, such other reports with respect to Grantee's operations pursuant to this Franchise as the City or the Conunission may require. The City and the Commission shall use their best efforts to protect proprietary or trade secret information all consistent with State and federal law. 8.5.3 If required by the City and/or the Commission, the Grantee shall furnish to and file with the City and/or the Commission the maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file with the City and/or the Commission updates of such maps, plats and permanent records annually if changes have been made in the System, the I-Net and/or the DFOI. 8.6. Periodic Evaluation. . 8.6.1 The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to the Grantee. 8.6.2 Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System, I-Net and DFOl perfonnance, programming offered, access channels, facilities and support, municipal uses of cable, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the tenns and conditions of the Franchise which are both economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1. Performance Bond. 9.1.1 At the time the Franchise becomes effective and until such time as the construction of the System Upgrade, the DFOI and Institutional Network upgrade is completed, the Grantee shall furnish a bond to the Commission, in a fonn and with such sureties as are reasonably acceptable to the Commission, in the amount of $500,000. Upon such completion of all System, DFOI and I-Net construction, the bond shall be reduced to $50,000. This bond will be conditioned upon the 46 faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shal1 fail to comply with any law, ordinance or regulation governing the Franchise, there shal1 be recoverable jointly and several1y from the principal and surety of the bond. any damages or loss suffered by the City or the Commission as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the ful1 amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City or the Commission which arise by reason of the construction, operation, or maintenance of the System, the I-Net and/or the DFOI. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the City and the Commission may have under the Franchise or any other law. The Commission may, from year to year, in its sole discretion, reduce the amount of the bond. 9.1.2 The time for Grantee to correct any violation or liability shall be extended by Commission if the necessary action to correct such violation or liability is, in the sole determination of Commission, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such vi01ations or liability, commences the corrective action within the thirty (30)-day cure period and thereafter uses reasonable diligence to correct the violation or liability. 9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the perfoJlnance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. 9.1.4 Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided the City or the Commission has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. 9.1.5 The rights reserved to the City or the Commission with respect to the performance bond are in addition to all other rights of the City and the Commission whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shal1 affect any other right the City and the Commission may have. 9.2. Letter of Credit. 9.2.1 On the Effective Date of this Franchise, the Grantee shall deliver to the Commission an irrevocable and unconditional Letter of Credit, in a form and substance acceptable to the City, from a National or State bank approved by the Commission, in the amount of $25,000.00. 47 9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written demand of the City, and in an amount solely determined by the City in payment for penalties charged pursuant to this Section, in payment for any monies deemed by the City to be owed by the Grantee to the City and/or the Commission, as applicable, after notice and opportunity to pay any such monies, pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or the Conunission as a result of any acts or omissions by the Grantee pursuant to this Franchise. 9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the Commission or damages to the City, the Commission or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City and/or the Commission in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 9.2.3.1 For failure to timely complete the System Upgrade, the I-Net Upgrade and the DFOI as provided in this Franchise, unless the City or the Conunission approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. . 9.2.3.2 For failure to provide data, documents, reports or information or to cooperate with City or the Commission during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.3 Fifteen (15) days following notice from the City or the Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.4 For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG Access Channels, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the City or the Conunission, the penalty shall be $250.00 per day for each day, or part thereof, such breach occurs or continues. 9.2.3.6 For failure to comply with any of the provisions of this Franchise, or other City ordinance or regulation for which a penalty is not otherwise specifically provided pursuant to this subsection 9.2.3, the penalty shaH 48 be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the determination of the City or the Commission, is necessary to cure the alleged violation) following local receipt of notice, provided the City or its designee finds that the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City or the Commission, the City or the Commission may draw from the Letter of Credit all penalties and other monies due the City or the Commission from the date of the local receipt of notice. 9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give Grantee written notice that it intends to draw, and the Grantee may, within seven (7) days thereafter, notify the City or the Commission in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City or the Commission shall specify with particularity the matters disputed by Grantee. Any penalties shall continue to accrue, but the City or the Commission may not draw from the Letter of Credit during any appeal pursuant to this subparagraph 9.2.6. The City or the Commission shall hear Grantee's dispute within sixty (60) days and the City or the Commission, as appropriate, shall render a final decision within sixty (60) days thereafter. Withdrawal from the Letter of Credit may occur only upon a final decision. 9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in subsection 9.2.1 of this Section. 9.2.8 . If the City or the Commission draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to the Commission a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2.1 as a substitution of the 49 previous Letter of Credit. This shall be a continuing obligation for any withdrawals from the Letter of Credit. 9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the Commission may draw on said Letter of Credit for the whole amount thereof and use the proceeds as the City or the Commission determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City or the Commission, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City or the Commission, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of the Grantee which are in default, shall not be a waiver or release of such default. 9.2.10 The collection by the City or the Commission of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to it, nor shall any act, or failure to act, by the City or the Commission pursuant to the Letter of Credit, be deemed a waiver of any right of the City or the Commission pursuant to this Franchise or otherwise. 9.3. Indemnification of City. . 9.3.1 The City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System, the I-Net and/or the DFOI, or as to any other action of Grantee with respect to this Franchise. 9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability, damages and penalties which they may legally be required to pay as a result of the City's or the Commission's exercise, administration or enforcement of the Franchise. 9.3.3 Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regrading or changing the line of a Right-of-Way or public place or with the construction or reconstruction of a sewer or water system. 9.3.4 The Grantee shall not be required to indemnify the City for negligence or misconduct on the part of the City or its officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 50 9.4. Insurance. 9.4.1 As a part of the indemnification provided in Section 9.3, but without limiting the foregoing, Grantee shall file with the Commission at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, the Commission, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City and the Commission as an additional insured, and in their capacity as such, City and Commission officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers. The broadcasters'!cablecasters' liability coverage specified in this provision shall be subject to Section 9.3 above regarding indemnification of the City. 9.4.2 The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or death of anyone Person, and $2,000,000.00 for personal injury or death of two or more Persons in anyone occurrence, $1,000,000.00 for property damage to anyone Person and $2,000,000.00 for property damage resulting from anyone act or occurrence. 9.4.3 The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the Commission. The Grantee shall not cancel any required insurance policy without submission of proof that the Grantee has obtained alternative insurance satisfactory to the City which complies with this Franchise. 9.4.4 All insurance policies shall be with sureties qualified to do business in the State of Minnesota, with an A-lor better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a form approved by the City. 9.4.5 All insurance policies shall be available for review by the City and the Commission, and the Grantee shall keep on file with the Commission certificates of insurance. 9.4.6 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. 51 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 10.1. City's Rieht to Revoke. 10.1.1 In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or 10.1.1.3 Grantee has practiced fraud or deceit upon the City or the Commission. City may revoke this Franchise without the hearing required by Section 10.2.2 herein if Grantee is adjudged a bankrupt. < 10.2. Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. 10.2.2 The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. 10.2.3 Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any Person or the public. 52 10.3 Continuity of Service. 10.3.1.1 Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the City for all costs incident to removal of the System if required by the City pursuant to section 10.4. 10.4 Removal After Abandonment. Termination or Forfeiture. 10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any portion of the System from all Rights-of-Way and public property within the City. 10.4.2 If the Grantee has failed to commence removal of the System, or such part thereof as was designated by the City, within thirty (30) days after written notice of the City's demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by thll Letter of Credit and Performance Bond toward removal and/or declare all right, title and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 10.5. Sale or Transfer of Franchise. 10.5.1 No sale or transfer of the Franchise, or sale, transfer or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with the City requesting approval of the sale, transfer or corporate change and such approval has been granted Of deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to the City, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its MinnesotalWisconsin Systems provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited 53 to majority stock ownership, but includes actual working control in whatever manner exercised. 10.5.3 The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments or other documents referred to therein which are necessary in order to understand the terms thereof. 10.5.3.2 A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 10.5.3.3 Any other documents or information related to the transaction as may be specifically requested by the City 10.5.4 The City shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 The Grantee shall reimburse the City and/or the Commission for all the reasonable legal, administrative, and consulting costs and fees associated with the City's/Commission's review of any request to transfer. Nothing herein shall prevent the Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. 10.5.6 In no event shall a sale, transfer, corporate change or assigrunent of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the Grantee remaining, or (if other than the current Grantee) transteree becoming a signatory to this Franchise and assuming or continuing to have all rights and obligations hereunder. 10.5.7 In the event of any proposed sale, transfer, corporate change or assigrunent pursuant to subsection 10.5.1 or 10.5.2, the City shall have the right to purchase the System, the I-Net and the DFOI for the value of the consideration proposed in such transaction. The City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change or assigrunent, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general armouncement ofthe transaction. 54 10.5.8 The City shall be deemed to have waived its right to purchase the System, the 1- Net and the DFOI pursuant to this Section only in the following circumstances: 10.5.8.1 If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change or assignment as contemplated in Section 10.5.7 above, its intention to exercise its right of purchase; or 10.5.8.2 It approves the assignment or sale of the Franchise as provided within this Section. 10.5.9 No Franchise may be transferred if the City and/or the Commission detennines the Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City or the Commission. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of the City or the Commission to subsequently enforce noncompliance issues relating to this Franchise. 10.5.10Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City's assurance of due performance~ The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 11.1 Discriminatorv Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference or disability. Grantee shall comply at all times with all other applicable federal, State and City laws. 11.2. Subscriber Privacy. 11.2.1 No signals, including signals of a Class N Channel, may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of 55 Class N Channel activity planned for the purpose of monitoring individual viewing patterns or practices. 11.2.2 No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber subj ect of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 11.2.3 Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection 11.2.2. < SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 12.1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee's authorization. 12.2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. 12.3. Penaltv. Any firm, Person, group, company or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every 56 subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 13.1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, State and loca11aws and regulations. 13.2. Work Performed bv Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate the System, the I-Net and/or the DFOI or provide Cable Service. The Grantee shall provide notice to the City of the name(s) and addressees) of any entity, other than Grantee, which perfoID1s substantial services pursuant to this Franchise. 13.3. Amendment of Franchise Ordinance. < The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8.6 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, State or local laws. Provided, however, nothing herein shall restrict the City's exercise of its police powers or the City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 13.4. Compliance with Federal, State and Local Laws. 13.4.1 If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notifY the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. 13.4.2 In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule 57 or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City or the Commission. 13.4.3 If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance (including the City, the Grantee and the Commission) shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances (including the City, the Grantee and the Commission) other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. 13.4.4 The City and the Grantee shall, at all times during the term of this Franchise, including all extensions and renewals hereof, comply with applicable federal, State and local laws and regulations. 13.5 Nonenforcement bv City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 13.6 Rie:hts Cumulative. All rights and remedies given to City and the Commission by this Franchise or retained by City or the Commission herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City and the Commission, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the Commission and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 58 13.7 Grantee Acknowledl!ment of Validitv of Franchise. The Grantee acknowledges that it has had an opportunity to review the tenns and conditions of this Franchise and that under current law Grantee believes that said tenns and conditions are not umeasonable or arbitrary, and that Grantee believes City has the power to make the tenns and conditions contained in this Franchise. 13.8 Force Maieure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where perfonnance was rendered impossible by war or riots, labor strikes or civil disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's employees or property, or the health, safety and integrity of the public, the Rights-of- Way, public property or private property. 13.9 Governinl! Law. This Franchise shall be governed in all respects by the laws of the State of Minnesota. 13.10. Captions and References. 13.10.1 The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 13.10.2 When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 13.11. Ril!hts of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 13.12. Merl!er of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises, drafts and understandings. 59 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 14.1 Publication. This Franchise shall be published in accordance with applicable local and Minnesota law. 14.2 Acceptance. 14.2.1 Grantee shall accept this Franchise within sixty (60) days of its enactment by the City Council and the enactment of a Franchise on substantially similar terms by the other member municipalities of the Commission, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. < 14.2.2 Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with applicable law or regulations at the time it is executed. 14.2.3 Grantee shall accept this Franchise in the following manner: 14.2.3.1 This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 14.2.3.2 With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that are due but have not previously been delivered. 60 14.3 Bindine Acceptance. Attest: By: Its: This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of ,2002. CITY OF CENTERVILLE, MINNESOTA By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. D/B/A AT&T BROADBAND . By: Its: G:\NOR.:rH METRO lOO29\RBNl:!W A1. \FlV.}ICHlSE ORDiNANCE\NMTC FRANCHISE ORDINANCE (FINAL- CI!NTERVTlLE).DOC EXHIBIT A DESIGNATION OF SITES FOR HFC I-NET AND DARK FIBER INFRASTRUCTURE Each site on this list shall be connected to the nearest I-Net Node via a bi-directional coaxial cable line, except for Centennial (District 12) Area Learning Center, which shall only be connected to the DFOI as described in Section 7.2 of this Franchise. Sites denoted with an asterisk shall also be connected to the Dark Fiber Optic Infrastructure, as further described in Section 7.2 of the Franchise. Ham Lake . Ham Lake City Hall- 15544 Central Ave. NE . Ham Lake Fire Department -15544 Central Ave. NE . Public Works - 15544 Central Ave. NE . Senior Center-15544 Central Ave. NE Blaine < . Blaine High School-12555 University Ave. NE . Johnsville Elementary School- 991 125'h Ave. NE . Roosevelt Middle School- 650 NE Main Street . Fire Station #5 - 1200 Paul Parkway . Blaine Baseball Complex - 1150 Paul Parkway . Fire Station #3 - 1314 1 09'h Ave. NE . * New Blaine City Hall- 10801 Town Square Drive NE (both HFC and Dark Fiber) . National Sports Center - (six pedestals at various locations on grounds) . Blaine Public Works - 9150 Central Ave. NE . * North Metro Media Center - 1630 lOIS' Ave. NE (both HFC and Dark Fiber) . Westwood Elementary School- 701 91st Ave. NE . Westwood Jr. High School-711 91 st Ave. NE . Fire Station #2 -1141 89th Ave. NE . Fire Station #4 - 10209 Lever St. NE . Police Department - 9150 Central Ave. NE . Fogarty Ice Center - 9250 Lincoln Ave. NE . Old Blaine City Hall, Senior Center, Police Station - 9150 Central Ave. NE Sorin!!: Lake Park . Kenneth Hall Elementary School- 8089 Able Street NE . Spring Lake Park Senior High School- 8000 Hwy. 65 NE . * Spring Lake Park School District Headquarters - 8000 Hwy. 65 (both HFC and Dark Fiber) . Spring Lake Park City Hall- 1301 NE 81st Street A-I . Spring Lake Park Municipal Liquor Store - 8101 Hwy. 65 NE . Fire Department - 1710 Hwy. 10 NE . * Blaine/Spring Lake Park Fire District Headquarters - 1710 Hwy. 10 NE (both HFC and Dark Fiber) Lexington . Fire Department - 3801 Restwood Road . Lexington City Hall- 4175 Lovell Road . Lexington Municipal Liquor Store - 9271 Lake Drive Circle Pines . Centennial Elementary School- 4707 North Road . Centennial Middle School- 4881 101't St. NE . Centennial High School- 4707 North Road . * Centennial School District Headquarters - 4707 North Road (both HFC and Dark Fiber) . Fire Station #4 - 2 East Road . Public Works - 760 Civic Heights Drive . * City Hall- 200 Civic Heights Circle (both HFC and Dark Fiber) . * Anoka County Library - 100 Civic Heights Circle (both HFC and Dark Fiber) . Golden Lake Elementary School- 1 School Road . Police - 200 Civic Heights Circle . * Centennial (District 12) Area Learning Center - 9803 Lexington (Dark Fiber only; not HFC) < Lino Lakes . Rice Lake Elementary School- 575 Birch Street . Centennial Middle School- 399 Elm Street · * Lino Lakes City Hall- 600 Town Center Parkway (both HFC and Dark Fiber) . * Centennial Fire District Headquarters -7741 Lake Drive (both HFC and Dark Fiber) . FireStation-774l Lake Drive . Lino Lakes Elementary School- 725 Main Street . Public Works - 1189 Main Street . Police - 600 Town Center Parkway Centerville . Centerville Elementary School - 1721 Westview . City Hall- 1880 Main Street . Fire Department - 1880 Main Street G:\North Metro lO029\Renewal\Franchise Ordinance\Exhibit A -- I-Net Site List (Final).doc A-2 EXHIBIT B NORTH METRO I-NET AND DFOI PERFORMANCE STANDARDS Upon completion of the Institutional Network upgrade and the DFOI specified in Section 7 of this Franchise, the Institutional Network and the DFOI shall at all times meet or exceed the following performance standards: I. HFC-Based Institutional Communications A. Transmissions on the I-Net shall comply with the following performance standards (combined upstream and downstream performance): 1. Carrier to noise ratio = 45 dB or better. 2. Carrier to composite triple beat = minus 53 dB or better. 3. Carrier to composite second order = minus 55 dB or better. 4. Carrier to cross modulation = minus 55 dB or better. 5. Hum modulation = <3%. 6. System signal variations (peak to valley) = Nil 0+2 or better for all coaxial cable portions of the I-Net (where N = the number of amplifiers in cascade). 7. In-Channel Frequency Response (Downstream or Upstream) - Under worst-case conditions, the in-channel frequency response for either upstream or downstream channels shall be less than or equal to 3 dB (ole 1.5 dB). 8. Signal Levels (Downstream) - Minimum signal level received at the demarcation point of any HFC I-Net Site will always meet or exceed 10 dBmV. Notwithstanding this requirement, the Grantee shall always work with the I-Net User to ensure successful reception of video, voice and data communications at each I-Net site. 9. Signal Levels (Upstream) - The Grantee shall always work with I-Net Users to ensure that the input signal level received upstream on any of the I-Net channels at the amplifiers, Nodes and hubs serving the North Metro Franchise Area will facilitate successful transmission of video, voice and data communications on the I-Net. In relation to this requirement, the Grantee shall ensure that its system inputs are compatible with the output capabilities of typical video, voice and data-over-cable equipment designed for use on hybrid fiber-coaxial networks. B. Testing shall occur as follows, at least twice annually (once during the typical coldest month in the North Metro Franchise Area, and once during the typical hottest month within the North Metro Franchise Area): B-1 1. from furthest HFC I-Net Site to furthest HFC I-Net Site related to the performance of interactive video and data-over-cable communications; and 2. from the furthest HFC I-Net Site to the longest subscriber cascade. All testing performed hereunder shall use carriers that are representative of those on the I-Net. If this subjects the I-Net to service interruptions, the Grantee shall work with I-Net Users to minimize the impact of such interruptions. Testing shall be completed at the mutually agreed upon entry demarcation point at the HFC I- Net Site. The I-Net shall meet all the standards set forth herein under full loading and any combination of analog video, audio, and digital channels. II. Dark Fiber Optic Infrastructure (DFOI) Optical Cabling Characteristics - Maximum loss shall not exceed manufacturer's passive attenuation, adjusted for cable length, splice loss and connector loss. Typical cable attenuation at 1550 run shall be less than or equal to .25 dB per kilometer. Typical cable attenuation at 1310 run shall be less than or equal to .35 dB per kilometer. Typical splice loss shall be less than or equal to .2 dB. Maximum connector pair loss shall be less than or equal to .75 dB. Where the loss characteristics of any link exceed the typical parameters described herein, and Dark Fiber Infrastructure Users and any Additional DFOI Users cannot successfully transmit video, voice and data communications across the DFOI link using equipment consistent with accepted industry standards, then the Grantee shall make necessary adjustments in the DFOI link such that it will enable successful operation for the Dark Fiber Infrastructure User and/or Additional DFOI User. III. N etwork Availability A. I-Net and DFOI network availability shall be equal to or better than 99.965%, as measured on an annual basis for the entire I-Net and for the DFOI. Notwithstanding the foregoing, once any individual site falls below a network availability of 99.9% (no more than 530 minutes of network downtime per site), the Grantee shall take immediate action to determine whether an inherent or chronic system problem is affecting that site. If such a problem is identified, the Grantee shall work continuously to resolve the problem, so that such site achieves the best-case network availability as measured for any other I-Net or DFOI site. B. The I-Net and the DFOI shall be defined as "unavailable" under the standards herein when a user: 1. cannot, because of a Grantee network component problem, transmit video, voice and/or data communications to, from and/or on the network; and/or B-2 2. experiences, due to a Grantee network component problem, video, voice and data transmissions that are below the standards set forth in this Exhibit and elsewhere in this Franchise; and/or 3. experiences, due to a Grantee network component problem, a data communications packet loss of greater than ten (10) percent. C. For purposes of this availability standard, I-Net and DFOI problems shall not be defined as: infrequent scheduled preventative maintenance as long as I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, are notified well in advance according to the provisions of this Exhibit, user contracts, and the provisions of this Franchise. Except as otherwise provided for herein, network availability is subject to the force majeure provisions of the Franchise and those conditions which are not with the control of the Grantee. However, network downtime shall include, but not be limited to, network failures caused by: third party actions; commercial power outages of a typical, non-catastrophic nature; and power failures and other disturbances caused by weather occurrences typical to the North Metro Franchise Area. The Grantee shall comply with the requirements of the Franchise and this Exhibit to restore service following any of these occurrences. The Grantee shall give the City, the Commission and affected I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users notice in the event of any of the foregoing occurrences. IV. Repair and Maintenance A. The Grantee shall maintain, repair, reconstruct and, as necessary, replace I-Net and DFOI plant and facilities (both fiber optic and coaxial) as described below, at no cost to the City, Commission, I-Net Users, Dark Fiber Infrastructure Users or Additional DFOI Users during the term of this Franchise or any extension thereof. The Grantee shall provide technical support on a 7 x 24 x 365 (24 hour a day) basis. Within ten (10) minutes of receiving notice or otherwise learning of a maintenance or repair problem, the Grantee's technicians shall begin actively working on the problem. Under Normal Operating Conditions, the initial page to the technician on call for I-Net and DFOI problems will be within a 10 minute time frame. The Grantee shall work on the problem continuously until it is resolved. Notwithstanding the foregoing, the Grantee shall meet the network availability standard described in this Exhibit B. B. Fiber, over and above that which is required by Section 7 of this Franchise, may be incorporated, where necessary to further reduce amplifier cascades to meet performance standards. Where possible, fiber Nodes may be located within the building or facility of the I-Net User. C. Preventive and routine maintenance on the I-Net and the DFOI shall be performed to ensure that it meets all performance criteria specified herein and in the Franchise. Actual or potential problems discovered in the course of preventive B-3 and routine maintenance shall be logged and upon request made available to the Commission. If requested by the Commission, the Grantee shall, within a reasonable period of time, prepare and transmit a report to the Commission describing the corrective action, if any, that was taken to rectify a logged problem or logged problems. I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, shall be notified at least seven (7) calendar days in advance of any scheduled maintenance that will interrupt service on the I-Net and/or the DFOI, unless I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, agree to waive such notice. Where possible, such maintenance shall be scheduled at times oflow usage. D. The Grantee shall provide an appropriate complement of administrative, headend and field personnel at all times to meet the performance criteria specified in this Franchise (including, but not limited to, the criteria specified herein). E. The Grantee shall establish mechanisms and procedures for I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users to quickly and easily report all I-Net and DFOI problems. All trouble or service calls shall be documented, processed and completed in accordance with this Franchise (including these standards) or in an expedient manner, whichever is sooner. I-Net Users: Dark Fiber Infrastructure Users and Additional DFOI Users shall be provided with copies of maintenance/trouble reports and resolutions that affect their particular sites. V. Demarcation Point The transition point where the I-Net cable or DFOI cable interconnects between the Grantee's cable and the institutional facility's infrastructure shall be defined as the demarcation point. The transition point may vary upon each location, and as such, will be mutually agreed to by both parties. VI. Network Performance Shall Always Enable Snccessful Operation Notwithstanding the performance specifications detailed in the Franchise, including this Exhibit B, the performance of the upstream and downstream channels shall at all times enable successful operation of I-Net UserIDark Fiber Infrastructure User/Additional DFOI User video, voice and data communications. G:\North Metro I0029\Renewal\Franchise Ordinance\Exhibit B-I-Net PerfStds (Final).doc B-4 EXHIBIT B NORTH METRO I-NET AND DFOI PERFORMANCE STANDARDS Upon completion of the Institutional Network upgrade and the DFOI specified in Section 7 of this Franchise, the Institutional Network and the DFOI shall at all times meet or exceed the following performance standards: I. HFC-Based Institutional Communications A. Transmissions on the I-Net shall comply with the following performance standards (combined upstream and downstream performance): 1. Carrier to noise ratio = 45 dB or better. 2. Carrier to composite triple beat = minus 53 dB or better. 3. Carrier to composite second order = minus 55 dB or better. 4. Carrier to cross modulation = minus 55 dB or better. 5. Hum modulation = <3%. 6. System signal variations (peak to valley) = N/1O+2 or better for all coaxial cable portions of the I-Net (where N = the number of amplifiers in cascade). 7. In-Channel Frequency Response (Downstream or Upstream) ~ Under worst-case conditions, the in-channel frequency response for either upstream or downstream channels shall be less than or equal to 3 dB (oi1.5 dB). 8. Signal Levels (Downstream) - Minimum signal level received at the demarcation point of any HFC I-Net Site will always meet or exceed 10 dBmV. Notwithstanding this requirement, the Grantee shall always work with the I-Net User to ensure successful reception of video, voice and data communications at each I-Net site. 9. Signal Levels (Upstream) - The Grantee shall always work with I-Net Users to ensure that the input signal level received upstream on any of the I-Net channels at the amplifiers, Nodes and hubs serving the North Metro Franchise Area will facilitate successful transmission of video, voice and data communications on the I-Net. In relation to this requirement, the Grantee shall ensure that its system inputs are compatible with the output capabilities of typical video, voice and data-over-cable equipment designed for use on hybrid fiber-coaxial networks. B. Testing shall occur as follows, at least twice annually (once during the typical coldest month in the North Metro Franchise Area, and once during the typical hottest month within the North Metro Franchise Area): B-1 1. from furthest HFC I-Net Site to furthest HFC I-Net Site related to the performance of interactive video and data-over-cable communications; and 2. from the furthest HFC I-Net Site to the longest subscriber cascade. All testing performed hereunder shall use carriers that are representative of those on the I-Net. If this subjects the I-Net to service interruptions, the Grantee shall work with I-Net Users to minimize the impact of such interruptions. Testing shall be completed at the mutually agreed upon entry demarcation point at the HFC 1- Net Site. The I-Net shall meet all the standards set forth herein under full loading and any combination of analog video, audio, and digital channels. II. Dark Fiber Optic Infrastructure (DFOI) Optical Cabling Characteristics - Maximum loss shall not exceed manufacturer's passive attenuation, adjusted for cable length, splice loss and connector loss. Typical cable attenuation at 1550 nm shall be less than or equal to .25 dB per kilometer. Typical cable attenuation at 1310 nm shall be less than or equal to .35 dB per kilometer. Typical splice loss shall be less than or equal to .2 dB. Maximum connector pair loss shall be less than or equal to .75 dB. Where the loss characteristics of any link exceed the typical parameters described herein, and Dark Fiber Infrastructure Users and any Additional DFOI Users cannot successfully transmit video, voice and data communications across the DFOI link using equipment consistent with accepted industry standards, then the Grantee shall make necessary adjustments in the DFOI link such that it will enable successful operation for the Dark Fiber Infrastructure User and/or Additional DFOI User. III. Network Availability A. I-Net and DFOI network availability shall be equal to or better than 99.965%, as measured on an annual basis for the entire I-Net and for the DFOL Notwithstanding the foregoing, once any individual site falls below a network availability of 99.9% (no more than 530 minutes of network downtime per site), the Grantee shall take immediate action to determine whether an inherent or chronic system problem is affecting that site. If such a problem is identified, the Grantee shall work continuously to resolve the problem, so that such site achieves the best-case network availability as measured for any other I-Net or DFOI site. B. The I-Net and the DFOI shall be defined as "unavailable" under the standards herein when a user: 1. cannot, because of a Grantee network component problem, transmit video, voice and/or data communications to, from and/or on the network; and/or B-2 2. experiences, due to a Grantee network component problem, video, voice and data transmissions tbat are below the standards set fortb in this Exhibit and elsewhere in tbis Franchise; and/or 3. experiences, due to a Grantee network component problem, a data communications packet loss of greater than ten (10) percent. C. For purposes of this availability standard, I-Net and DFOl problems shall not be defined as: infrequent scheduled preventative maintenance as long as I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, are notified well in advance according to the provisions of this Exhibit, user contracts, and the provisions of this Franchise. Except as otherwise provided for herein, network availability is subject to the force majeure provisions of the Franchise and those conditions which are not with tbe control of the Grantee. However, network downtime shall include, but not be limited to, network failures caused by: third party actions; commercial power outages of a typical, non-catastrophic nature; and power failures and other disturbances caused by weather occurrences typical to the North Metro Franchise Area. The Grantee shall comply with the requirements of the Franchise and this Exhibit to restore service following any of these occurrences. The Grantee shall give the City, the Commission and affected I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users notice in tbe event of any of the foregoing occurrences. IV. Repair and Maintenance A. The Grantee shall maintain, repair, reconstruct and, as necessary, replace I-Net and DFOI plant and facilities (botb fiber optic and coaxial) as described below, at no cost to tbe City, Commission, I-Net Users, Dark Fiber Infrastructure Users or Additional DFOI Users during the term of this Franchise or any extension thereof. The Grantee shall provide technical support on a 7 x 24 x 365 (24 hour a day) basis. Within ten (10) minutes of receiving notice or otherwise learning of a maintenance or repair problem, the Grantee's technicians shall begin actively working on tbe problem. Under Normal Operating Conditions, the initial page to the technician on call for I-Net and DFOI problems will be within a 10 minute time frame. The Grantee shall work on tbe problem continuously until it is resolved. Notwithstanding tbe foregoing, the Grantee shall meet the network availability standard described in this Exhibit B. B. Fiber, over and above that which is required by Section 7 of this Franchise, may be incorporated, where necessary to further reduce amplifier cascades to meet performance standards. Where possible, fiber Nodes may be located witbin the building or facility of the I-Net User. C. Preventive and routine maintenance on the I-Net and the DFOI shall be performed to ensure that it meets all performance criteria specified herein and in tbe Franchise. Actual or potential problems discovered in the course of preventive B-3 and routine maintenance shall be logged and upon request made available to the Commission. If requested by the Commission, the Grantee shall, within a reasonable period of time, prepare and transmit a report to the Commission describing the corrective action, if any, that was taken to rectify a logged problem or logged problems. I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, shall be notified at least seven (7) calendar days in advance of any scheduled maintenance that will interrupt service on the I-Net and/or the DFOI, unless I-Net Users, Dark Fiber Infrastructure Users and/or Additional DFOI Users, as appropriate, agree to waive such notice. Where possible, such maintenance shall be scheduled at times of low usage. D. The Grantee shall provide an appropriate complement of administrative, headend and field personnel at all times to meet the performance criteria specified in this Franchise (including, but not limited to, the criteria specified herein). E. The Grantee shall establish mechanisms and procedures for I-Net Users, Dark Fiber Infrastructure Users and Additional DFOI Users to quickly and easily report all I-Net and DFOI problems. All trouble or service calls shall be documented, processed and completed in accordance with this Franchise (including these standards) or in an expedient manner, whichever is sooner. I-Net Users~ Dark Fiber Infrastructure Users and Additional DFOI Users shall be provided with copies of maintenance/trouble reports and resolutions that affect their particular sites. V. Demarcation Point The transition point where the I-Net cable or DFOI cable interconnects between the Grantee's cable and the institutional facility's infrastructure shall be defined as the demarcation point. The transition point may vary upon each location, and as such, will be mutually agreed to by both parties. VI. Network Performance Shall Always Enable Successful Operation Notwithstanding the performance specifications detailed in the Franchise, including this Exhibit B, the performance of the upstream and downstream channels shall at all times enable successful operation of I-Net UserlDark Fiber Infrastructure User/Additional DFOI User video, voice and data communications. G:\North Metro lO029\Renewal\Franchise Ordinance\Exhibit B- I-Net PerfStds (Final).doc B-4 EXHIBIT C FREE SUBSCRIBER NETWORK DROPS AND CABLE SERVICE TO INSTITUTIONS Blaine: City Hall- 9150 Central Ave, NE New Blaine City Hall- 109th Avenue and Radisson Police Department - 9150 Central Ave NE Senior Center - 9150 Central Ave. NE Public Works - 9150 Central Ave. NE Fire Station #2 - 1141 89th Ave. NE Fire Station #3 - 1314 109t. Ave. NE. Fire Station #4 - 10209 Lever St. NE. Fire Station #5 - 1200 Paul Parkway National Sports Center - 1700 105th Ave. NE Fogarty Ice Center- 9250 Lincoln Ave. NE. JeffersonElementary-1l331 JeffersonSt. NE Johnsville Elementary- 991 125th Ave. NE Madison Elementary - 650 Territorial Rd. NE. University Elementary - 9901 University Ave. NE. Roosevelt Elementary - 650 Main St. NE Blaine High Schoo1- 12555 University Ave. NE Westwood Elementary 701 91 st. Ave. NE Westwood Middle School-711 91 st Ave. NE Calvin Christian School- 8966 Pierce St. NE North Metro Media Center - 1630 101st Ave NE North Metro Telecommunications Commission Office - 163010151 Ave. NE < Centerville: City Hall- 1880 Main St. Fire Department - 1880 Main St. Centerville Elementary - 1721 Westview Circle Pines: City Hall- 200 Civic Heights Circle Police - 200 Civic Heights Circle Centennial Elementary - 4707 North Road Centennial Middle Schoo1- 4707 North Road Centennial High School- 4704 North Road Centennial School Dist. Headquarters - 4707 North Road Golden Lake Elementary - 1 School Road Fire - 2 East Rd Anoka County Library - 100 Civic Heights Circle C-l Public Works -760 Civic Heights Circle Ham Lake: City Hall- 15544 Central Ave NE Fire - 15544 Central Ave. NE Public Works - 15544 Central Ave. NE Senior Center-15544 Central Ave. NE McKinley Elementary - 1740 Constance Blvd Lexinl!:ton: City Hall- 4175 Lovell Rd Fire - 38-1 Restwood Rd *Municipal Liquor Store - 9271 Lake Drive *Public Works - 9100 Hamline Rd Lino Lakes: City Hall- 600 Town Center Parkway Police - 600 Town Center Parkway Public Works - 1189 Main Street Fire - 7741 Lake Drive Centem,ial Fire District Office - 7741 Lake Drive Rice Lake Elementary - 575 Birch St Lino Lakes Elementary - 725 Main St. Centennial Middle School- 399 Elm St. < Sprinl! Lake Park: Spring Lake Park School Dist. Office - 8000 Hwy 65 - 8801 Able St. NE CityHall-1301 NE 81st Ave. Fire Station #1 1710 Hwy 10 NE Fire District Headquarters - 171 0 Hwy lONE Park Terrace Elementary - 8301 NE Terrace Rd Kenneth Hall Elementary - 8089 Able NE Spring Lake Park High - 8801 Able Street NE Prince of Peace School- 7700 Monroe St NE W oodcrest Elementary - 880 Osborne Rd. NE *Municipal Liquor Store - 8101 Hwy 65 NE Facilities denoted with an asterisk are not currently connected to the subscriber network. These facilities will be connected to the subscriber network as part of the System Upgrade, and will receive a free subscriber network Drop and outlet, and free Basic Cable Service, in accordance with ~~ 7.7.1 and 7.7.2 of the Franchise. G:\North Metro lO029\Renewal\Franchise Ordinance\Exhibit C . Sub Net Drops (Final).doc C-2 FROM NORTH METRO FAX NO. 512 78El 8242 Oct. 17 2ElEl2 El8:39AM P2 -', MEMORAJ'I/DUM OF UNDERST ANDrNc:i This Memorandum or Understanding is enu:red into this ",'I day of J",,- , 199~, by and between the North Central SUburban Cable Communications Commission (hereinafter "Commission"), a joint powers commission consisting of the cities of Blaine. Cen:erville, Circle Pines. Lexington. Uno Lakes, Ham Lake, Spring Lake Parle and Coon Rapids (hereinafter "Member Cities"), and Meredith/New Heritage Strategic Partners, L.P.: North Central Cable Communications Company; and Group W of the North Central Suburbs, Inc., d/b/a Meredith Cable (hereinafter "Meredith"), as to certain rate regulatOry and other issues within the authority of the Commission, and by and between the Member Cities and Meredith as to issues solely within the authority of the Member Cities, Meredirh is the operator of caNe communicarioll5 systems operating pursuant to francrwes granted by the Member Cities ("Cable System"). Tberranchises granted by those cities to Mereclith shall be hereinafter collectively referred to as the "Franchise". The Franchise is administered and enforced pursuant <0 a Joint and Cooperative Agreement (hereinafter " Agreement") creating Commi!sion. The: purpose of this Memorandum of Understanding (hereinaf'.er "Memorandum") is to set forth certain undemandings ,Stipulations and agreements between the Member Citie.s and Meredith wittl regard to the responsibility for and funding of public, eO\lCationlll, governmental, roligious, and library programming ("PEG Programming"); and between Meredith and COIllmission with regard to Meredith's basic service rates and related equipment charges: pr()V;si,)n by Meredith of "Universal PEG Senice". certain Grants to be paid by Meredith to Commission; and treatment of "Profits" upon the sale Or tTansfer of ownership of any pan of Meredith's cable system sufficient to require Member Cities' approval pursuant to the Franchise. Commission is authorized by the Agreement and applicable state and federal laws and regulations to negotiate and make: such contracts or agreements and take such other aClion as it deems necessary and appropriate [0 accomplish its purposes in administering and enforcing the Franchise. Any Franchise Ordinance amendments remain the exclusive authority of each Member City, The understandings. stipulations and agreements between the Member Cities and Mere<.lith herein are in addition to and eXIIJ:rnal to the Franchise and are ai follows' 1. PEG FUNDING AND RELATF.D OBLIGATIONS. Meredith shall remain, for the remainder of the current Franchise and any subsequent renewed franchise period [the sum total of which shall not to e"ceed fifteen (lS) years without mutual agreement of both parties), responsible and obligated for the provision and funding of PEG 1 1- FROM NORTH METRO FRX NO. 612 780 8242 Dot. 17 2002 08:48AM P3 .., access programming which Meredith is providing at the effective date of this Memorandum, except as set forth in Section 2 below, and further subject to the following temu; and condItions: A. Meredith has collected from April 1, 1995, and shall continue to collect through December 31, 1995, a ree of One Dollar and Fifty Cents ($1.50) ("PEG Fee") for the puzpose of recovering its e:l:penses in providing PEG Programming, not including any expenses for the provision of local origination programming. from April 1, 1995 through December 31, 1995. If Meredith collects more !hall its expenses fOr 1995, it may offset its undercharges provided for in previous FCC rate decisions and the Universal Service start-up costs as determined in Exhibit C. If an overage still exists. Meredith will not keep the overage, nor will any overage be given to the Commission; in the alternative, both pani..s will develop a mutually acceptable proced\lre to expend the monies for community programming. B,' Meredith shall continue to collect the PEG Fee from all subscribers receiving Basic Service for whi~\h a rce is paid ('Subscribers') after December 31, 1995 for the puzpose of funding PEG Programming, beginning on the effective date of this Agreement and continuing for any subseq\lent renewed franchJse petiod [the sum total of which shat! not to exceed fifteen (15) years without mutual agreement of both parties]. Upon yearly approval of the Member Cities, via the Commission, the PEG Fee shall yearly escalate in an amount not to exceed the amounts ~s set forth in Exhibit A attached hereto (but in no eVent grearer than twenty-five c~n.ts (250) in any twelve (12) month period). To the extent collection of sncll yearly PEG Fee results in Meredith's receipt of fees in excess of the amount currently expended by Meredith fur these purposes, Meredith shall develop a plan to expend such additional receipts for the purpose of funding community prograrmning with the advice and consent of the Commission. C. Meredith shall ex.pend a total of'iMee Hundred Thousand Dollars ($300,000.00) as directed by Commission as to time and manner for and in lieu of all PEG Programming capital, replacement, and other equipment obligations during the current Franchise, and for all)' subsequent renewal as set forth below, with One Hundred Fifty Thousand DollllI's (SI50,000.00) being obligat'ed on or about ]anl.lary 1, 1996, and One Hundred Fifty Thousand Dollars ($150,000.00) being obligated on or abOUt January I, 1997. D. Meredith, the Member Cities, and the Commission agree that the operating and capital expenditures and/or paymentS provided in paragraphs A, E, and C above, and any future transfer of PEG Programming as may De made pursuant to Section 2 belOw, are made for, and in full satisfaction of PEG and any related programming Obligations upon renewal, and subject to any subsequent renewals of the Franchise (the sum total of which shall not exceed fIfteen (15) years). 2 mOM f.lJRTH t'ETRO FAX NO. 612 780 8242 Oct. 17 2002 08:40AM P4 .. E. Meredith is relieved, now and in the future, of any franchise obHgarJon to provide local origination progralIllIling in the North Central Suburban franchise area. F. Meredith is relieved of its Franchise obligation to provide PM broadcast service. 2. CONDrTIONA! PEn TRANSFER. In the event the Cormnission. or any Member City Of consortium thereof. determines to assume the obligations and respoll8ibilitics for PEG Programming, and pursuant to such cteflllitive agreement ("Defmitive Agreement') as may be completed and e;cecuted by all panies and the adoption of all necessary Franchise Ordinance amendments by the necessary Member Cities, Meredith Shall transfer all obligations, responsibilities and funding for PE.G Pro~ramming to the Commission, or its designee, or any Member City or consortium thereof, ('Transfer"), subjecr to the follOWing terms and conditions: A. In lbe event the full Commission determines, pursuam to such Def111itjve Agreement as may be executed, to assume the obligations and responsibilities for PEG Programming, upon completion of the Transfer, Meredith shall pay the fuli amount of the PEG Fee collectea to the Commission. or its designee. In the event any Member City or eonsonium thereof, determines, pursuant to such Deflnir.ive Agreement as may be executed, to assume the obligations and responsibilitie:; for PEG Programming, Meredith shall pay to such Member City or cansOltium thereof, its pro rata share of the PEG Fee collected. Upon tranSfer, Mer:cdifu shall prepay quarterly. an estimated quarterly PEG Fee, which shall be annually reconciied to reflect actual PeG Fee receipts by Meredith subject tv more frequent reconciliation by mutual azreement of the pardes. B. upon the effective date of Transfer, the Franchise obligations relating to PEG Programming shall be superseded and become lberesponsibility of lbe Commission, or such Member City or consortium thereof, to the extent the Commission. or a Member City or consortium thereof has det<!mlined to assume the obligations and responsibilities of Meredith, aU as shall be set.forth in a Definitive Agreement. Subject to (mal negotiated terms of any DefInitive Agreement. it is assumed iliat upon Transfer, Meredith will be relieved of all pre- existing franchise PEG obligations. C. Meredith shall assign and the Commission, or its designee, Of any Member City or consortium thereof, shall assume all real estate and. equipment leases and contracts relating to PEG Proiramming in accordance wilb a Definitive Agreement. D. Meredith shall tran:sfer all PEG ProgTarmning equipment to the Cormnission. or itS designee, or any Member City Or consortium thereof, in accordance with the 3 FROM HORT1-I I"ETRO FAX 1-10. 612 78e1 8242 Oct. 17 2002 08:41AM P5 \, .., DefInitive Agreement upon the effective date of Transfer, and shat! maintain such equipment until such time of Transfer, Meredith shall consult with the Commission staff concerning replacement of such equipment pending such Transfer, and all costs for replacement equipment shall be credited against the payment set forth in Section lee) above. E. Upon trat'lSfer, Commission, or any Member City or consortium thereof. pursuant to a Defmitive Agreement, shall have the right to use six video chancels [currently public, government, religious, and ~ducatJonal (3)] for PEG Programming and shall be responsible for any and all I-Net or other switching related to pEG Programming or non-profIt use of the I-Net capacity, which shall QCCU1' only as provided in the Franchise and consistent with applicable laws. F. The Commission, or any Member City or consortium thereof, which determines to assume me obligations and responsibilities for PEu access programming. shall advise Meredith in writing at least thirty (30) days prior to the Effectiv~ Date of Transfer of its intention to make offers of employment to Meredith personnel relating to PEG Programming, G. In the evem Transfer takes place, Commission agrees to allow Meredith to keep its local customer service office ill the space II now occupies provi~d that Meredith assumes the capital COSlli necessary to segregate the office from. the remainder of Commission space. and further provided \hat Meredilh shall pay One Hundred ($100.00) per month rent to Commission commencing the effective date of any Transfer. 3. UNlVERSAL PEG SERVICE. Meredith agrees to make available on or before January 1. 1996. to all subscribers and non-subscribers whose dwelling unit is passed by cable plant, Universal PEG Servic~, with free instaUation of one Standard Drop and one outlet and free monthly service to all non-subscribers and with fre~ monthly service and the assessment of a downgla~ fee (chargeQ. in compliance with federal rate regulatory laws and rules) to all existing subscribers. Universal PEG Service shall be offered for the duration of the Franchise and all renewals thereof (the sum total of which not to ex~eed fifteen (15) years), unless modifled by mutual agreement of the parties hereto, or their successors. Meredith agrees to provide at no cost to subscribers an AlB switch and nel:essary associated cable-related equipment (meant to exclude antennas, antennae wires, etc.) to allow reception of broadcast stations on th~ subscriber's television, provided said television is capable of receiving broadcast signals. The parties agree that the rates charged to subscribers will nor increase as a reS\lll of implementation of Universal PEG Service, except that Meredith may recoup the expense of such sel'Vice as provided below as an incl\lsion in the PEG Fee, 4 FROM NORTH METRO FAX NO. 612 780 8242 Oct. 17 2002 08:42AM P6 ... The parties agree that realignment will be accomplished as set forth in Exhibit B. Meredit..'> shall assume the e1\pense of notifying subscribers of the changed alignment of the PEG challllels, and any Meredith e1lpense in changing literature, signs, vans, or other indicia of the current channel location and the changed channel location of the PEG chalU1els. For purposes of this Memorandum, the following definitions apply: "Universal PEG Servicii" shall be defined as the provision to a recipient, free of any charges, monthly or otherwise, of all of the following public, educational and govermnental access channels (hereinafter "PEG access channels") designed in Exhibit B, attached hereto and made a part hereof. "OUI/et" shall be defined as the cable and associated connectors which runs from the point of connection to Ihe subscriber dwelling unil to Ihe subscriber receiver, "Standard Drop" shall be defined as the cable, nor to exceed 250 feet, which shall run from the nearest connection point On the feeder cable of the Meredith system to me point of connection to the subscriber dwelling uni!. Standard Drop include. both aenal and underground drops. Should tl,e subscriber require Or request a converter, or other equipment not csscl\tial to the tec=ption of Universal PEG Service, or should the subscriber require additionall)Utl~tS or Drops whkh are other than standard, the subscriber will be respon.~ible for the regulated charges for such services or equipment. Additional charges for drops which are other than standard shall credit the expense of the first 250 feet of the drop. Meredith Shall pass wough in the PEG Fee portion of subscribers' bills the costs of design and lecbnica\ reconfiguration of the Universal PEG Service in the additional amount of five (5) cenes per month beginning January 1, 1996. See Exhibit C. Upon Meredith's activation and provision of Universal Service and each year thereafter, Meredith shall pte.vide the Commission with a reconciliation of amounts collected and expended related co this cost recovery and agree to an adjusL'tlent to the PEG Fee for any overpayment Or underpayment. Meredith shall provide an initial written notice to non-subscribers announcing the availability of the Universal PEG Setvice. Meredith shall also mention the availabiliry or the Universal PEG Service periodically in other marketing, promotional, or information materials to non.subscribers and shall mention the Universal PEG Service in these materials at least quarterly. Universal PEG Service will be included in any literature which lists all services generally available from Meredith. Existing subscribers shall receive notice of the availability of me Universal PEG Service as a part of Meredith'. notice cOllCerning the Channel line-up changes and thereafter, at least annually. The Commission may promote the availability of Universal PEG Service, and Meredith shall make available to the Commission dUring the firse sixry (60) days of 5 ,-- FROM NORTH M~TRO FAX NO. 612 780 8242 Oct. 17 2002 08:42AM P7 , l<, 1.h.e availability of the Universal PEG Service at least four ad avails per week to'be chosl:n at the sole discretion of Meredith. The Commission acknowledges tbat it hAs received from its legal counsel an opinion that Universal PEG Service is permitted under applicable federal and state law. and that Meredith need not change other services or rates to bring them into compliance with federal or state law. 4. PROFITS ON SALF., Meredith agrees that, should it sell or transfer any interest in the Cable System (sufficient to require Member Cities' approval pursuant to the Franchise) for a Profit (as defmed below) prior ro expiration of the current Franchise on September 8, 1998, it shall pass the full amount of an)' said Profit on to subscribers, up to. and not exceeding the total deUar amount of Relief granted by this Memorandum (as defined below). For any sale or transfer of a partiallnterest in the Cable System, Profit shall be calculated on a pro rata basis as set forth beiow. N othlng in this section shall constitute an admission Or precedent for future rate regulation or transfer or sales of the Cable Systeln which may occur beyond the initial term. of the FtlInchlse, 'Profit"shall mean the total Sale Price (includlng the value of any and all non-monetary benefits or incentives) received for the Cable System by Meredith, less the Acquisition Cost. less an annual rate of return of 9% on tbe Acqllisition Cost (subject to verification that 9% was the average of Meredith's acrual COSt of money since September I, 1992 acquislllon date), as agreed upon by the parties, leu the verifiable capital expenditures made since the acquiGltion dllte, less the reasonable costs of sale (attorney's fees. brol<:el"s fees, etc.), The parties e"pressly agree that no allowance or other reductions or consideratioll5 in profit calc1.l1atioll,~ .MIl be made for any past or Current accumulated operating deficits. "RelieF shall mean the total of tl1at additional amount per mOllth per subscriber, from April 1. 1995, to December 31, 1995, which Meredith may collect and/or retain under thi. Memorandum. which was previously termed 'PEG Costs" or 'Other Franchise Fees" by Meredith, and for which the Commission has previously disputed pass-through or external treatment. , 5. SERVICE RA.TES. Meredith is allowed to charge a basic service rate ill the amount being lawfully charged a~ of the effective date of this Agreemeot and any sub~equent increases lawfully Ilut in plaCe by Meredith, plus-all amounts identified herein in Exhibit A as costs which are to be given external treatment, costs which may be passed through, or com to be borne by the subscribers. except as provided for below, and which shall be identified on the subscriber bill and itemized as a 'PEG Fee". Nothini in this Agreement shallUm!r other external increases not expr..s.ly addressed in th.. Memorandum and other rate adjusrment consistent with federal law and regulations. 6 FROM ~nRTH rlETRO FAX NO. 512 78€l 8242 Oct. 17 2882 88:43AM P8 " The parties agree that Meredith will not include in the PEG fee, now or in the future, any expenses or costs associated with the provision of iocal origination programming. 6. SUCCESSORS BOUND. Any parent, general parmer, subsidiary, successor-in-interesl, transferee, or assign shaH be expressly bound by this Memorandum. Meredith agrees to disclose tl'.e tel'T\'\S of this Memorandum with any potential purchasers of the Cable System or to any other in<:lividtlal involved in any other contemplated ownership transfer of the Cable System.' Failure of any s~h potential successor-in-lnterest to Meredith to agree to all terms and conditions of this Memol'lmdl.lm shall be grollnds for Meredith not to aiI'ee to tlle sale, and shall be reasonable and acceptable grounds for the Commission and its Member Cities not to approve any such traMfer of ownership or other transfer of interest. 7. COMPETITION. Should effective competition develop witl'Jn the Conunission's cable service terrirory in tlle provision of video or cable services, as agreed by both parties to this Agreement, at any elme in the furore. Meredith and the Commission agree to commence discussions regarding issues which give said competition an unfair advanlllge over Meredith. Shouid any.other Multi-channel Video Programming Distributor ("MVPD") over which the Commission Or the Member Cities have regulatory jurisdiction provide service in the current cable service area, tlle Commissio~ and its Member Cities agree not to grant more favorabLe tenns to such MVPD than are granted to Mereditll. 8 SEVERABTT ITY. Should any term of this MemOrandum be determined to be unenforceable by the PCC or any court of competent jurisdiction, the remainder of the Memorandum shall be treated as severod and shall remain in fuH force and effect. In [he eYelll tlult any court, the FCC, or any other body with jurisdiction over either party revises or voids any part of this Memorandum, the parties mutually agree to make any amendments to this Memorandum or other applicable agreement or ordinances necessary to effecwate tlle intention of this Memorandum. In the event that such amendments or charges are barred by any legal requirements governing either pany, the parties shall use their best efforts to avoid prejudice to. the respective parties' interests, and to implement changes to effectuate the intent in entering into this Memorandl,Ul1, If ~ither party finds unacceptable the remainder of this Memorandum as severed by operation of this section. and either party cannot agree with proposals by the other to amend this Memorandum to further the original intent of said party in nonagreement, then the parties agree to submit the remaining issues to binding arbitration. 7 FROM NORTH METRO FAX NO. 512 78Q 8242 Oct. 17 2QQ2 Q8:43AM P9 .., 9 FRANCH1~E COMPLIANCE. At the time of execution of this Memorandum, the Conunission acl:nowledges that Meredith has not been notified of any existing frllllchJse violations and that no enforcement actions at law are c=ntly underway. lQ. W ArVER OF CLAIMS. Neither Commission nor Meredith waive any rights to negotiate other items during the franchise renewal process. The COmmission and Meredith each ack.nowledge and agree that this Memorandum was fully negotiated and entered into by them in good faith. Commission and Meredith agree not to assert, and specifically waive any and all right either may have to "'sert. that any provision, term or condition of !his Memorandum is unenforceable under federal, state or tocallaw. Notwithstanding the foregoing, nothing herein shall require either the Commission or Meredith to act in contravention of an applicable jUdicial ruling or an applicable ruling of the Federal Communicatiocs Commission. Exc~pt as to those rights expressly waived in this subsection, Commission and Meredith expressly re~erve all of their other rights under federal, Slate and !ocallaw. II. COUNTERP~R'CS. This Agreement may be signed in counterpart by each Member City and shall be bi;diJlg upon tlw.t city when it and Meredith affix their authorized lignature hereto. l2 EFFECTIVE DATE, This Memorandum is effective as to the signators hereon after approval and execution by any two (2) of the parties, provided one (1) of the signatures is Meredith. Executed this dfl day of ~, 19~. AGREED AS TO PARAGRAPHS 1.2,3, 4,~, 6, 7, 8, 9, 10,11 A.J.'<D 12, CITY OF BLAINE CITY OF CIRCLE PINES B, Its By Its CITY OF CENTERVILLE CiTY OF LEXINGTON (.. ~---.. .;-..,~'":I " ,~. ..,d_~ ',B' ~- '-' ~ Irs /Ar.I'$K,' .' By 1<$ 8 F~M : NORTH I'ETRO FAX i'D. 612 788 8242 Oct. 17 2002 08:44AM P1C ... CITY OF LINO LAKES CITY OF SPRING LAKE PARK By Its By Its CITY OF HA..\1 LAKE CITY OF COON RAPIDS By [IS By Its AGREED AS TO PARA.GRAPHS 2. 3. 4.5,6..7,8.9, 10, 11 AND 12. By Its air ~' .J. By .' ,fa ..JI-~.4<.- < J(s fetary AGREED AS TO ALL PARAGRAPHS! TIIROUGH 12, INCLUSIVE. NORTH CENTRAL CABLE COIl1MUNICA nONS CORPORATION Br~#~~~ r- _ MEREDITB/N.€W HERITAGE STRATEGIC PARTNERS, L.P. By ?# Its~ GROUP W CABLE OF NORTH CENTRAL SUBURBS. lNC. B~ts ~~~ t;;\'I"t)C'Vf(;$CCC\ft,..,Al....ooe\MO~\U l u 16193 9'~~AM 9 FROM : NORTH METRO FAX NO. 612 780 8242 PEG Fee ~ $1.50 Exhibit A ~ $1.75 .lL.lL21 $1.00 Oct. 17 2002 08:44AM P11 ~ $2.25 *Each year thereafter increased pursuant to an annual inflation increase (CP1). .. ~ < FP~M NORTH METRO FAX N:l. E01I!lTr Q llA$lC: ~~ .lerrc.l<l c:n-'IW 10111::1:::"........ 2All1 .1 '- WI 41 :s.ol :WI 17.. lMI JDI~ 11::1 1 J,'; \ t ~I I i~Q 1 I ';0 I r 1:1 t /' 1';: i I 1~1 L ,...../ !~I j lG 141 g: 2"\ =1 6.1 ' I " . , I .:4:1 ~I I 2UI .lO1 EDI I ..21 341 _I Ul I ." I ~ ;1.4: , ~:IJ.&_ JU=- 612 7813 8242 /lQI'm1 e&.~ Il11DURBAN Oct. 17 2002 08:44AM P12 to < FROM NORTH METRO FAX NO. ECiIBrT S aA3IC :iB!1l. =~ ~~ ..J<<r1';kJ ~rtat 1oIli:l:."JaJ>nei . lMi;t ;I "I ~; lOll -~I WI "'D", 1 I ~ 11...i ., r 1::l1l1 1'" ! 1ai 1=1 1~1 151 612 780 8242 NCI':'Tli ~ SUll[JiUlAN U~Al. $~C:: ~e ~= I~L ~= Oct. 17 2002 08:45AM P13 "' _: I I i , I ~ . ---- -- --- FROM : f./JRTH METRO FAX NJ. 612 78<1 8242 Oet. 17 2002 <lS:45AM P14 UN1~~ SERVICE COSTS - !::Xl-liB IT C ( NORT~ CEN1'RA '. ... Horn.;. P'Ol'SQd 4.3,11-41 Jen-Sub3t.:M1'.lers 2:2,~:3 ClJrrent T ctaJ Sub=s 2,;,n,/ Cl.Imrrt Sulc: SUC$ SJ.:l Tra~$ RS<jI.llrad :z Total Trapa To Be Changed 1,.2$6 J;rica '~r Tr:i;: 3S.aa ~1:l."$1 Total M.tl;rjaJ C:Ci&t c1irap Cl'lange Out ! $17,.402 i ubor. Cost Qf ira~ C1'lange Out $10.00. ~a,330 I Cllal1nel R~<Il1~nltlem Collt $15,1iS i Total Cl:ist to cnata U njyersaJ" $:js,$1.o\1 C.Q$t PG r SuilfMcrrd'l $0.1;), Average Suc Wfe J.4: SO.04. Standard lns'.olll ~lrt lia::t.1 S i ~mated Unlv91"l1al Hcclc1Jps . Year 1 1.1:10% :2231 Univlml.lll Hc.:klJp ~;t . '( Ir-T 1 $1.4,Ael:l i C~$ublMcnth (A'/g. Ute!n Years) :1,-''; ~O.Q' i ,01.4.1. COST/SUEllUNNEJ~~~ 5!:.=t'IICE J t~::~6 }i . COST IS AMOR71Sal OIle.1:! :3J:! YEARS ~[l is OISCO Ni"lNtJ~ AT THAT TIMe Standard lnSUiI C~:r. liS:1. 1 S E$tlm.ated UnlYe~aI Hoolc:'o/;ll . Year 1 ~5Q% m UnNersal Hc.:ioiup ~at . Year 1 $:1$,1&5 C~SlJblMcnth lAyg. LJ1e 11'\ YW's) ;loA::! .$0.03 TOiAI.COSnsuBruN~~SALSe~~CZ .$1;).07:1 Standard fl'llrtall Coet .$S2.19 htlmatecl UnJY'll~1 HQokups . Year 1 5.00% 1.145 Ul'lJvenal H<l<l~ C~ct. Yw 1 -_S72,~O C~$t/SlJcfM~nttl (AYS. Ute In Yellr:l) 3.';::: .so. 07 , TOTAL COST/SUE/UNIVERSAL. SERV1CS: II Stl.11 'I ORDINANCE SUMMARY , ~r.nance No. ~ '.y of Centerville ORDINANCE AMEN- )ING ORDINANCE NO. 41 RE- ;ARDING THE FRANCHISE , \GREEMENT BETWEEN THE I ;ITY OF CENTERVILLE AND ;ROUP W CABLE OF THE iORTH CENTRAL SUBURBS, NC. The Council of the City of :enterville does ordain: 1. Article VI. SYSTEMS 'PERATIONS Section 4. Franchise Fees, ',ates, Charges, Changes in Fees nd Procedures The rate freeze specified in .rtiele VI, Section 4.C(2) of the ranchise Agreement is amended ) provide that until Ja.nuary 1, 387, the maximum service rate lr Tier I and Tier II service shall e the specified rate of Group W as leluded in Amended Exhibit A to le Franchise Agreement. 2. Amended Exhibit A. Rates Group W's Schedule of Rates ld Services as set forth in xbibit A to the Franchise Agree- ent is amended in its entirety to o'ovide for the rates and services ; set lorth in Attachment II of mendrnent Agreement No. 1. 3. Article III. Design of vstem' Section 6. Institutional Net- ark and Section 7. Services to Public .tiJdings and Educational Institu- JDS Article III, Sections 6 and 7 e amended to require Group W provide a sepa!'ate institutional bIe communications network in II compliance with the Offering amended. Group W will provide ~titutional network service to blie buildings and education , ~titutions in accordance with the , tegory designations as set forth I the Offering, as amended. These amendments shall take 'ect and be enforced after their I ssage and official publication. I The amendments were passed ,d adopted the 11th day 01 I ~cember, 1985. Leon R. L'Allier Mayor I 'TEST: Debra Gonsior I ;rk/Treasurer I blished in the Circulating Pines , December 26. 1985. ;D Affidavit of Publication :etate of iiitltlP!iotn, } 88. 1 County 01 Anoka Andrew C. Gibas or Grace B. Gibas, being duly sworn, on oath says he or she is and during all the times herein stated has been the publisher and printer of the newspaper known as THE CIRCULATING PINES, has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely 01 patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local postoffice. (5) That its known office of issue is in the City of Circle Pines, County of Anoka established and open during its regular business hours for the gathering of news, sale of advertisements -and sale of subscriptions and maintained by the managing officer of said newspaper or persons in lts employ and subject to his or her direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding,.the day or. dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by Secretary of State and signed by Andrew C. Gib.as or Grace B. Gibas and sworn to before a notary public stating that the newsp<fper is a legal newspaper. ') He or she further states on oath that the printed.._~.4..~ .oJc.hdift~...7.1A.,...Y:(....................................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language. on~e each week, for....../.......successive weeks, that it::.s first so published ~ the....~~..day of...j7...2L/..19..f.~..and was printed every Thursday to and including the......... ......day of...............19.. ......and that the following is printed copy of the lower case alphabet from A to Z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abCdefghiiklmnOpqr~L .......................,..,......................... Subscribed and sworn to before me this....~~...day of...J!)-!-&.19.f!.~ ~~.:7?...&~ Notary Public, Anoka County, Minn. My G.}mmission Expires...........19....... (Notarial Seal) SANDRA M. BENNETT, Circle Fin.s, MN NOTARY PUBLIC-MINNESOTA ANOKA COUNTY MY COMM. EXP, AUG. 13, 1988 CITY OF CENTERVILLE ORDINANCE NO. #40 AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE NO. 40 ARTICLE 2, SECTION 4, FRANCHISE TERM SECTION. 4.04 Franchise Terms. This franchise shall commence upon the effective date of the regular certificate of confirmation issued by the Board and shall expire on March 18, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This ordinance shall be effective upon passage and official publication. PASSED by the City Council this 1l day of September, 1998. C~~~ Mayor Thomas Wilharber ATTEST: ~); i n:u wa4-/ Ry-C I Gaustad, CMC CIty Clerk Accepted by Grantee this dt day of t::>c..\tl\S.B2- ,1998: SEP 1 1^Qll , /'j/'J PRINTER'S AFFIDAVIT OF PUBLICATION ~ AFFIDAVIT OF PUBLICATION , CITY OF CENTERVILLE ",,"'i'ANOKA'COUNTY, MINNESOTJ\ ' ,,::,/';),:;~N01ICE9F_ pUBI.~JC_HEA . ':~':,~~<';1tb_RDfNANd: #40 I::ABL _ ;,N~t~9E, JS}:',ERf~.r,:,g~.Y~!'n,_-,""" '-'''-;<',~rL' learl!1g..WW.:>>,~,:JJ!3:J9,.tlef~r!l J~t,J~Ja.nf}I.~g ~nu,_p :on\,rig ,Cornl'rii~ioq::oi)he .9~ -of (~ent~~!!~ ~t ./ ~ity, HaU,l" eao, _Maln{Htej:l~ ~~T~;~ H~a~lng,,\S .::~ ;chedured,_fqr:Septemb~r 1~:t~9,a,~t 7:00-p:fit.fir { ;hortJY:i.6.ere~~er. 'Th_ej?"~~~r'otJ~~\,,~~aiil:ig"<j- I vill.\J1;! tot)E;lar !loll person~_pn~s.ent:r~ar9iflg,~~e_" :onskierat\oc,-_tO;cime,nd 'Ordinance:#4:0 t(read:_'" 3ectio_n,~:'64 ':,FfancJ1ise te~m's;'1NS fra~f~ise', I ,~all, C?rn~"t:!~ce';l1pOn"~h~'~ffebli-'..ie,,9alt3..pf th~',:'r egu\a~,q:e:~l!.jcate o~.~9!)Jf!l!1.a:t}~~.,!~s.~,~'cI.b'y) hard 'and ~hall expi~e _,oh,:M"arch ~18, :.::\ 999 -11, mless'leriT:inated}Oonl3:r as hereinafter. provid- , ,d. A cOP},' pf .l~,ri prppost;c:Lamendedor.dinallce, .'40 'ca,n_t:J~ 'f~viewed ,at'lh8_'9_itY -l?terk'S office. rv~itteb co,riln1~~t~',-w.m b~'~g~~,pt~,~,~~i~t?\~-" ).m~:~~~Z~~i:;~~!~cI;~r~:i~,\ _. PubJishec:( ,iri'!,~e,,:qua,~.. Ci:lrTim_~nltY:f'r?lS$, J ~,U~,u;t;tJ, -W,~,~;.;'~r;r;tt~b:?;' c:1[{f~~y-!,:',2':~1t~;:::~j STATE OF MINNESOTA) S County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The Quad Community Press, and that I have full knowledge of the facts whith are stated below: (A) The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as amended, (B) The Printed CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed und published once each week, for ~successive weeks; it was first published on TUESDAY , the~day of AUGUST , 19 98 ,and was thereafter printed and published on every to and including the_day of , 19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkJmnopqrstuvwxyz BY, f o-A- ~,R TITLE: Publisher Subscribed and sworn to before me 011 this~day of AUGUST ,~?~, ~pJ 1.,<-,:" ---""'" Notar]! pi,l5f:rc;-Ramsey Gounty,Minn, My commission expires ,January 31,2000, RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space, $ (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter, $ (Line, word, or inch rate) (3) Rate actually charged for the above matter, $ 5.30/INCH (Line, word, or inch rate) '~~ CITY OF CENTERVILLE ORDINANCE NO. #40 AN ORDINANCE AMENDING CABLE FRANCmSE ORDINANCE NO. 40 ARTICLE 2, SECTION 4, FRANCmSE TERM SECTION. 4.04 Franchise Terms. This franchise shall commence upon the effective date of the regular certificate of confirmation issued by the Board and shall expire on March 18, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This ordinance shall be effective upon passage and official publication. PASSED by the City Council tlJis II day of September, 1998. < C ~~, 2-~ ATTEST: ~j; 1 &; L-<1lad/ Ry-C. 1 Gaustad, CMC Czty Clerk Mayor Thomas Wi!harber --;~~,_~,~~~"....CI~~rm.,.~..A\lg.18.1983 PQg.IO .,;,:,;1:;;.' ".;-,,-r:' lug at [east 56 downstream pro- :;~>,;:}i.:.,~.:_ ,-" :'to". grammahle channeb ahal( he 00"" :' :,,":~,.,yitf;?,f ,,~,.~~ta s,trueted pursuant. to thecondi. '''''411' _.l!u:I~<ffng tlotuloftMpropos:uofGl"(IupW. addend~lU;'-granting SECTION Z. PIcTURE QUAL[. . a inne _~ '_'C@le of TY AND TECHNICAL RE. theNi:Jrt~_ ~b~~:'C' a QUlREMENTS Minnesotll _ _ -,T(-h ',ein- Group W will he required to .ft.~_r."~~ _ _ _ _U:I ope _, an.,.d transmit an undlstorted sIgnal to ma1D~ a eabJe-'~gmmuni .t1ona Ute suhsttiber, wdfurlher to sys~\lm intb.1;! city'cof cell 'orville comply with all technical stan.- settil)-,g f~.1:I~n~~I:1~s: .:.c.oom: dardl! of their proposal and panymg- tft,c grailt ill Ir .. chisc; Federal Cummunications Com mis- providlngforreguJlitio "eaf sionrequirements. thesystemiandPT . ai- SECTION 3. TWO-WAY CAPA. , ,lJvi. CITY , . G'PlJP<_WiJ:-hall i~itially ~ti. ;Nsteatwo-wa C11pabJesystem. SECTION 01. F CILITlEs Group Wshall <:onst.J:uct'i-/.s faeiJities a3 set fonh in its proposal '!'tothe-Gity, SECI'JON 5; SPECIAL CHAN. NEL ':.-<\ND ACCESS REQUIRE. MENTS The Syaum ~ha.l] c'1l'1'y b~oad. east s~ations, an emergency ov..r_ ride r.hannel a.nd 9 special aCClli5S cllfmnels in~uding public, ~ducll.- tional, governlI!/)nt, leased (2), regronal, :religious, library, imd a North Central Regional u-cess. T~e franchise details specific access TullIS w~ich must be de- veJopedbyGroupW. SECTION 6. INSTITuTIONAL NETWORK The System shall include a sepllratein3titutional network whkh ....iII permit 38 sepuate television channels to besentw each institution and 16 channels to be returned. SECTION 7. SER,VICE TO PUBLIC BUILDINGS AND EDtl(:ATH:mAl; TNSTITU_ nONS GroupWwlJlprovideinstltu. ti<mal network service to at least B9 instituti,<:>n~ li.s~1E!4 il). Secti~m 7, of the(ranchise....' " . . SECTiON 3. iNTERCONNEC- TION . The System serving the cil.ies <>l'Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes, and SjJring Lake Park shall be com. pletely inter<:onneded. The Sys. tem s}lall als/) be constructed so that other systems now or here', after constructed in any area adjacent to the SY5tem may be intertt>nnecled. SECTION 9. REGIONAL CHAN_ NEL The standard VUFchannel 6 is designated (or uniform regIDnal channel usage. ARTICLE IV. SERVICES r\ND 'PROGRAMMING, SUBSGRIBER sel-vices-se~ forth m Its CONTRACTS, COMPLAINTS Qity;'',':<::-i' "', _SECTION 1. SERVICES 'AN}) :;;li~A-NOO,~.I!l(J;'Ji:II,M :_" PROGRAMMINg ',,~t~'~'~,,","~h"f!'rllm>ning",shii1L.be._pr_o~___ 'yearterin." -.' "Kkd a>; ~p"cll\ed in ~hf' nmn"",,) SECTIQ.(VS.,AREA ._ _ _, olGioupW.Progr;i.mmlngsh'::iib; '~"rhe .l~al\t'n\~e is granted for adde.d."ni:l_d!;!etel.l,pUrsilalit to, the the ,mUnIC!PllI boundaries.of the; proeedure$ofSect](}n 1.':"~':---"-' entire,City., _' .., SECTION 2_ INTERRUPTION SECTlON6,POLlCEPOWER5 o.F Sf.:RVICE AND COM. Group' W's rights-ate subie~ PLAINTS to the Rolice pow~rs of t~e City. , . Service shall not be iilterriipc SECTlON7. USE OF GRANTEE ted unless absolutely necessary. If FACILITIES , , serviel! is interrup_terl for more' The City hilS the, rig-ht to than 4B hOllrs, subscriber shll.l! be Iu;tallandmair,t:iin anylixturesit credited pro.rat.a Ior suclz inter. iesiresuponthepolesandfiKtutes ruption.An ofIice shall be main. llGroupW. " , tamed in the area and shlllt be lECTlON 8. WRIT'rEN NOTICE capilble of receiving complaints All notices sliallbe delivered ami re>:juests for repairs oradj\lst. n writing to the offices 9f City and menl.S at any time seven d(l.Ys per h", local and New' York offices oI week. This section further details ;i'OlJpW. subsdlber complaint procedures. 'E(''TIQN 9. RIGHTS OFINDIVI. ARTICLE v, CONSTRUCTION, lUALS INITIAL SERVICE AREA, No signals shsll be transmit, UNE EXTENSION AND I ~d from the subscriber terminal CONSTRUCTION STANDARDS xcepl as requi....d to provide SECTION I.INT1TIAL SERVICE ervice authorized by the [ran_ AREA hise and ~he subscriber. Informa. AU areas containing dwelling on (~om subseriber terminals unib within the are;! designated' lay not be gathered or stQred 'm tile map appe-nded to YOI'm H of ithout the expr~s8 written per- the Offering shall be constrlU:ted ,iSSlOn o( tlm subscriber. The liS the initi"l serviee area. ,rms and conditions of the writ. SECTION 2. LINE EXTEl'lSlON .n authorization are included in POLICt lis!!cction. Service shall be extended to E:CTION_IO. CERTIFICATE OF those "/.1'"....6 Mt in the initial ONFlRMATION service area pursuant to the Gr?,:pWmua.tobtllinaregu. (ormula of Section 2. r eertl~lcate of confirmation from SECTION a. CONSTRUCTION e Minnesota State Cable Board. TIMETABLE ARTICLE m. DESiGN OF Group W shall construct aU SYSTEM ar~s of tile intial service area ~CTION 1. CHANNEL CAPA. which contain -dwelling units by rTY . SUBSCRIBER NET. November 15. 1955. Delays in 'ORK <Ylnstr\!.ction '.>hall :result in penal- A System capable oj provid- ties provided by the franchise. SECTION ,4, CONSTRUCTION ~llrsuant: w;tbe,:p,rocenJ~;~~nd"'~'SION ON RIGlITS Am> RF.;ME.:' STANDARDS minimum requ,i!~mentlii;"Qf.~:this:J .DiES'" Croup W shall Ct1mply ....itb ~ll ~on.. ,~his__s.::ction rUrt~er)p~,Q'-' -4ll'r~rUedi.es and rights given collStrudlon standards of the fran. "Yi..snutnmumamoun~~tf!"Pt!l\!4jl' to City by, the (ranch,se are in thise as well as aU applicable laws, ties such as failure: to cQn6~r:Ucttf;h:ei-. audition to-any other rights which ordinan.:.e-s, rutes, regulatiolls and sYstem and failure to conip,ly With ,City might .otherwise have regaf(j. codes, Iederal. state andlacal. t,errns and conditions of:tbe fian'~ lng th~ System ,llr Group W. Thl! SECTION 5. CONDIDONS ON ~hise, Said pena/ties;<'inaY'~~;be ~erl:.\seofany, right or remedy by USE ~essed against-Gro~p'W,_by;fhe 'CitY_8h"U not release Group' W Group W may nQt, in its City and wlI9c1ed ,dlr,E!ctl)' ~Olll from" its obligations under th(l construction of the System, inter- the Letter of Credit, The,Lette.~o( Franl'.bise; fere with any gas, electric Or Credit must bll'maintailied ,pour, SECTION 5. APPLICABLE television fixture, w...ter hydrant suant to the-,'procedures'a-nd;e,l"ec LAWS' AND COURT DECI.' or main, or sewer line. Section 5 qUirements of this section. SIQNS, SEVERABUJTY also prr.vides prQcedures '(or the SECTION 5. BONDS _ , The 'franchise mUs~ at all raising and lowering Qf lines, . Group W must maintain With times be in eumpliance with the trimming of trees, azid the rewg. the City a bond conditioned u~on 'n.lles of the Minnesota State Cable nitiQn o-f potential liability for tbe faithful performsnce,q.~ Grq,lJp : Board and all laws, ordinam:es and persons damaging Group W ra.e\li. W of the fl"aJlchise,; _ andJurtli.ei-: regulatiOlls of federal, state and ties. conditioned upon the terms. lUld eity gnVli'Tllment relating to the ARTiCLEV1. SYSTEM rf\<.luirementsofthis5e~~io!!, cable television'sysl4m and the OPERATIONS (~chise. If any provision o[ tbis SECTlON 1. INFORMATION : ARTICLEIX.DEFArJLT_{' fbml'.hise'is declared inva.lid or AV AILABILI1'Y SECTION 1. NQTICE,' AND: void, that sectioll maY he st.ven~-d City sha.1l have the right .of DeFAULT from the franchil!e with the re- reasonable access to GroUD W's City shaH notify Group W:'in, ma,ning sectiplls in full force and reenws. . writing .of violations of the fran- effect. If the City determines tllat SECTION 2, SERVICE CON. ch'ise. Group W snall have '(,hifty a provision ,of the franchise is TRACT d;jys to cure such -default Qr,-be "rfeeted by law, ordinance or Grnup W sball receive ap. SU,tlject to the procedures, Ill' t,his regulat_ion" City shan Ilav,', tile proval from City of the form and sei:.tion leading \.Q termina~ron; of right to amend. modify all<'r or content of the service contract to the franchise. , repeal any prOvisions of the fran' tw \\Sed priQr to entering into such SECTION 2, CROSSDEFAUL'r.' chisc to siJch reasonable eKt"r1t as service contracts with subsl'.rih. UGroupWisindefault6fany neccssary to, carry oul tilt> io. ers. of'the franchi.~es Qr.the,e.iti~'or tendedpurposesoltherranchise. SECTION 3. SUBSCRIBER Blaine, Centerville, Circle;Pine:s; SECTION 6. GRANTEE PRACTICES Coon Rapids, Ham Lilk_e,~,Le:dlig" ACKNOWLED~MENT OF There shaU'be no eharge for ton, Lino Lakes, or"SpringIJake; -:-VALlOlTYQFFRANCHlSE disconnectkm nf any insta.llation or Park, Minnesota, any one,.of thdsc - Group W acknowledges tllat it outlet. Section 3 1Ilsodetails Group d~es may declarB Group" W,in has reviewed the franchise' and W's right to disconncct for failure :1 default orall eight franehise~, that under curr'ent law Group W lo pay the mnnthly subscriber :i ARTICLE X. FORECLOSURi!:, believes tbat the franchi.se i>; not fees. . ii' RECElVERSIDP AND unreasonable or arbitrary. SECTION 4. FRANCHISE FEES. ! ABANDONMENT:: - AJ:tT1CL~ xm. RATES. CHARGES, CHANGES j SECTION L FORECLOSUR(o';:;- ADMINISTRATION A,ND IN FEES AND PROCEDURES; ;1. Upo~ the fpre_c1oimrecr jUdi. ADVISORYBQDY "Throughout the term,of the ,1 cta! sale ,of .th.., SY$telll. the SECTlON l~ ADMINIsTRATOR [raucnise, GrQup W shail pay to il\ provisions o. fthe francliise..g,.verfl- The City Admioistr"tor or tbe City ao aonu;!l fee of 5%' .of all : Ing I'.l)llSCllt to tr;!nsier or'challge City's designee sh,,]! qe respons. gross revenues. The r"tes pro- I, iQ ownershlpshllll apply. . ,'ib!e {or_the administratioll of the vided,ill the francl:.ise sh;j;ll be ii SECTION2.RECEIVERSlinr< frillli:hise.'. guar,u,!.eed for ::I years after the City shall 'nave',tberigllt, to; SECTION2. ADVISORY BODl' "- franchise is certified by the Board callcel the franehise 120 daysafler The City may appoint an -: or unti[tWQye:l.r& after completion the appointment o[ a receirer'or' advisory 'body tQ mOllit;or per. of construction in the initial set- trustee. .. _' . fQrmllnCe 01 Gi-oup Win executing vice area. whichever is longer. SECTION3.ABANDONMENT ;tbejJrovislDns'oftbl<fra!lchise. Basic rates shall be regulated Gr,!up W may, notali,,"don SECTION 3. Df-I.EGA TION OF pur$uant to the term~ and cvndi. any portion of the System wjth~ul AUTHORlTY BY Crry Lions oJ the franchise, Rales for having given nolless than_three Tbe-City lUay delegate at any premium sel"V~!\ may be nised mcnths prior noUce to 'City ani!- timeitsrightsorObJigatiQnsu,nder fly Gj'OUP W to the extenL of the Minnelmta Cabl", C",mmunklltiOlIS the ftanchi~ to any body' or Increase in the Consumer Ptice Board. 1\.llY such_ abandolllneot. Qrganir.atiol)', ' Indel:, Any inere..se 'I< ratas in may be' dffflmed : a ' ,Clluse ,,[or. AnTICLE XIV. JOINT SYSTEM, el:cess of the Consumer Price terminationefthli franchise. ACCEPTANCE.INCORPORA_ Index must be justified to City ARTI~LEXI.PURCHAS,EOF TfONOFOFFERING_EXIDBITS pursuant to standards &nrl pr()l'.e. . 'SYSTEM - ,,' ~ ,.i' PUBLlCAll0N dures provided for in Section 4. SECTION 1. GENERAL <1 SECTION I. OTHER FRAN_ The City retains the right, to The Section 'provides for the CRlSES review the pecform~ncl< and ~eir.h- Clty's right to purcbaSe 'a system,. ' This Section acknowledges nological upgrading of the Sy~tem. either pursuant to tbe terms and that the System is intended to he GrOllP W shall exercise its best conditions ofa bQllafide purcha,se parl,,[a.jOintsysttmlwhichserves effQrts ~Q mainlain a modetn, I' offer which Group W is willing to the cities of Blaine, Center\llUe, state'Qf-the-.u:l System wliich, is accept regarding tile sys~el!J; llr in Circle Pines, Coon Rapids, H"m _comp_aral1le tQ, other op,eratlljg . tIJe event Gf forfeiWre, re.vocatiollo- Lake, LexingtQn, Lino Lakes, 3Ild cable television sn,ten\s simiJ;\rly 1 oJ termjnati?n of the franc-hise, ,,-, Spring Lake Pl1l'k, Minnesota, anu situated.' _"" ;"_., L ~EcrION Z, PHOCEDUm::S '~,' that'GrnuJiW sHall c(>mpJy with all ~mC'1'ION-"---1l, " - F~NCHISIi'....-~__,_ ,---'r-hl':VfllCl<d-ul'Ol8.foI:__theJiity's- "'Khl (ranehi~j,l' of lhe ;lbove. RENEW.<\l:i. "?':'''''''''"i\1i'.1''''''''''''~'~'''~?''';~iWi:'tion--~;;,. The !rari,chl.se,:may'be:, re'.:) P'brehase. -: newed atany;ti.m~for,a,periQd__~.f:.'t8ltliid.:iil; . uptofi[t~nY\1a:l":s_ot\qnay:earto, yeat-baaisatthedisez:etiono;ifthii, .City, ,'-,'_< '.-'_':- _"_":'-":> ARTiCLEVn. tReH'~~h . ARTJCL.i!:, VIIL INOI:MNW~ CATlON;INSYRANCE::,_:X:~F LETFEU Qf' C:RED1'f ANt):", _' ,-, ,_ BO~D;{.",:: ." SECTION 1. GENE - ThE. City rei:.iiinsai indcn1.nification"insut" ofcredilorbolldasp,' franchiSe. ..":,' ,,' SECTJON 2',,:, IN TION AND INsun GroupW)bail'f fY,defendand)old lInd ali of' ag{!.llts, ,and e?\pioyees:Iiti 1itY$.lldjUdgnl_;'ntsfot';.~\l)_l\' connectlQn with: Damage'to,j:uir_: son8er property, any claim arising .' o~t of _the fr~1'if!'%l;:r~'-l~~'i~_ fallure to comply wl~n 'prpvislonS/, of tile franl'.hiile, o( any claim'\',~~ Group W may have against City,tilpan the SECTION 3. INSURANCE, c', " :,: di. the f Grnup W shallm:lintaln liaoi]. .; i~rms, . ahd ityinsur"nceiortheentireterm,Ql.'ii.:~tion," the franchise [or "amounts,:,',,_BS !::_:;$Ei:i'fIOtjl:._, specified in the Jrinichise:'!I1~'f : JroIWEIJB pursuant to the miniqlutn'requi_~e'., -~"~(:r"'Gro1ip,. mentsofthissection,'" ,::qityoftlie-_n SEC1'lON 4, LET1'ER' OF ',jin,:Y"l1nUt CREDIT , ",' /-"'.,' ;:";~Ne:h . Group W shall rn.a0.-9liic.il:Il~::;h~,y~ lrrevocabl1'. and uncondr\.1onal L~t. ,I&l~n$ 0 ,e ter of Credit. The Letter ~f Creim ;) 'ItO;'an;i en~lt shallprovidetha.tfulldsbepJli,d'tO'i;;~:'~J!,aj;l~, lhe City upon demand by th~ 9ty '-~!l9T~,:,_ 't-' . .~::. ~ J TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk./ i8 . SUBJECT: Mr. & Mrs. John Buckbee III, Re-zone Public Hearing Cancelled DATE: October 18, 2002 Due to tight time constraints, Staff was unable to provide proper notice according to statutory requirements. Staff has scheduled the Buckbee Re-zone request to be heard at the November 12, 2002 Planning and Zoning Commission meeting and the November 13, 2002 City Council meeting. The attached notices have been mailed to the surrounding property owners. < October 22, 2002 Mr. & Mrs. John Buckbee agree that we are waiving the time period requirements for the City to act on my re-zone request (From R2, PI & CI to R2 dated 9/6/02 for parcels (PIN #RI4-3I-22-31-00I7, RI4-3I-22-31-00I9 & RI4-3I-22-31-0023. )t[)Lntz. iJL{Cid-u.. Mrs. Sanna Buckbee !O(;]3!()'2- Date Mr. John Buckbee Date ., i 11 : ;:,,,,;;;'T;' TERESA BHC- NOTARY P\JBlIC-MI.. My ConInlsslaft EJpires J. 1I Ii sljd ~j~l< /JU) /~;I(/;U:',/ ~<c4,,-, h-l~ i5~,- "co!,,,z. C-~:o.~ xf;L-L/~ ~~.<V tJ..,.' 9~' 40 .zd-'-<.>P . . d71 YI}- 6/YJ/n:44',~-.-o ...ccCJ..:j-: ervi{[e 1880 :Main Street ,~ Centervi{{e,:M9{ 55038 (651) 429-3232 iP 'Fa;c (651) 429-8629 October 18, 2002 NOTICE OF MEETING CANCELLATION (OCTOBER 23, 2002) AND RESCHEDULING OF PUBLIC HEARINGS (NOVEMBER 12 & 13, 2002) Dear Neighboring Property Owner: Previously you were made aware of a request for re-Zone consideration for Mr. & Mrs. John Buckbee's properties. As you may also be aware, a public hearing was to take place on October 1, 2002 at the Planning and Zoning Commission meeting_ Due to lack of a quorum this meeting was cancelled. Legal notices calling for a public hearing at the October 9, 2002 Council meeting were already published in the Quad Community Press. However, lacking additional notification of same to you, this meeting was not a public hearing. < This notice is being forwarded to you to inform you that the Planning and Zoning Commission will be holding a public hearing on November 12, 2002 at 6:30 p.m. and the City Council will be holding a public hearing on November 13, 2002 at 6:30 p.m. regarding this matter. Both meetings will be held at City Hall in Council Chambers. The Buckbee's address and property identification numbers are as follows: 7381 Peltier Circle, RI4-31-22-31-0017, RI4-31-22-31-0019 & RI4-31-22-31-0023 Legal description of the above mentioned parcels are as follows: Tract B, Reg. Land Survey #048, Tract B, Reg. Land Survey #065, and THAT PRT OF GOVT LOT 3 SEC 14 TWP 31 RGE 22 DESC AS FOL: COM AT MOST WLY COR OF TRACT A REG LAND SURVEY NO 48, TH S 83 DEG 18 MlN E, ASSD BRG, ALG SLY LINE OF SD TRACT A 355 FT TO AN ANG PT IN SD SLY LINE, TH S 42 DEG 10 MIN E ALG SD SLY LINE 340.00 FT TO WL Y LINE OF SD TRACT A, TH S 0 DEG 50 MIN W ALG SD WL Y LINE 52 FT TO EL Y EXTN OF NL Y LINE OF TRACT B REG LAND SURVEY NO 48, TH N 89 DEG lOW ALG SD N LINE & ITS EL Y EXTN 106.50 FT TO POB, TH NWL Y 72,66 FT ALG A NON TAN CUR CONC TO SW WITH A CHORD BRG OF N 60 DEG 19 MIN 08 SEC W A RAD OF 50 FT & AN INCLUDED ANG OF 83 DEG 15 MIN 51 SEC TO A PT OF REVERSE CURVATURE, TH WLY 69.84 FT ALG A REVERSE CUR CONC TO N WITH A RAD OF 100 FT & A CEN ANG OF 40 DEG 0 MIN 50 SEC, TH N 61 DEG 56 MIN 13 SEC W TAN TO LAST DESC CUR 90.93 FT, TH WLY 92.39 FT ALG A TAN CUR CONC TO S WITH A RAD OF 55 FT & AN INCLUDED ANG OF 96 DEG 14 MIN 36 SEC, TH S 21 DEG 49 MIN 11 SEC W TAN TO LAST DESC CUR 15.47 FT, TH WL Y 97.77 FT ALG A TAN CUR CONC TO N WITH A RAD OF 38 FT & AN << INCLUDED ANG OF 147 DEG 25 MIN 22 SEC, TH N 10 DEG 45 MIN 27 SEC W TAN TO LAST DESC CUR 101.98 FT, TH N 5 DEG 19 MIN 42 SEC E 48.16 FT TH WLY 88.68 FT ALG A TAN CUR CONC TO S WlTH A RAD OF 35 FT & AN INCLUDED ANG OF 145 DEG 09 MIN 49 SEC, TH S 40 DEG 09 MIN 53 SEC W TAN TO LAST DESC CUR 72.05 FT, TH SWLY 98.70 FT ALG A TAN CUR CONC TO NW WlTH A RAD OF 85 FT & AN INCLUDED ANG OF 66 DEG 31 MIN 46 SEC, TH N 73 DEG 18 MIN 21 SEC W 17.22 FT, TH S 30 DEG 30 MIN 23 SEC W 159.41 FT TO WLY EXTN OF NLY LINE OF TRACT B REG LAND SURVEY NO 48, TH S 89 DEG 10 MIN E 670.50 FT TO POB, AKA PRT OF LOT 5 REV ADD SUB NO 47 SUBJ TO EASE OF REC, respectively. The Buckbee's properties are currently zoned RI (Rural Residential), CI (Conservation) and PI (Public/Semi-Public). The Buckbees are requesting that these parcels be rezoned to R2 (Single Family Residential). The CI Zoning Classification is not included in the City's Comprehensive Plan or Zoning Districts. The parcel that is currently zoned PI was previously owned by the St. Paul Water Utilities and purchased by the Buckbees. The following is a listing of lot and yard requirements for the above mentioned zoning districts: Zoning Min. Min. Front Rear Side Min. Min. District Area Area Setback Setback Setback Bldg. Garage Size Size Ground N/A Floor Sq. Ft RI (Rural 10 300' 35' 25' 10' 1,050' N/A Residential) Acres Cl CITI DESIGN 1 TION 0 l'LY! (Conservation) PI 20,000' 150' 35' 30' 20' 1,000' N/A (Public/Semi- Public) R2 (Single 15,000 100' 35' 25' 10' 1,050' 440' Family Residential) The Buckbee's properties are located within the Utility Staging/MUS A Additions for 2001-2005 and are considered to be Low/Medium Density by Centerville's Comprehensive Plan. Low/Medium density areas include single family detached and single family attached residential dwellings. Detached dwellings will develop at densities between two and two and one-half units per acre. The Buckbees do have the option of providing preliminary plat plans at either of these meetings and requesting approval of same; to date, no information has been brought forward by the Buckbees to do so. If you have further questions on this re-zone issue, please feel free to contact the Zoning Administrator, Ms. Kim Moore-Sykes at (651) 429-3232 during the hours of8:00 a.m. - 4:00 p.m. Enclosed, please find two (2) maps: L Anoka County GIS Map. 2. City ofCenterville Address Map. We apologize for any inconvenience this may have caused you. < Currently < < i\!O- 48 ~ " . :;:- R. l.... TRACT A ~ p.KE -....eT ^ o /(0 ~ 2 (oz lV'}....7 $ \..,: 1S17 1825 1831 18371845 1853 REVOIR S1REET 1825 183$ 1644 16S2 It ~ -"'( -"f1v 3 J(V - (""\ ,::;,V i" v L. r' J. 1RACT , /Ve. 65 2 . " ~ "' ~ ~ N ~ ~ 15 " " " , . " 2 ~ , " ~ < ~ " ~ " ~ . N , . " on , 8 11>39 "'" la.'>5 0 QUEBEc STRE -< 0 "'" 1836 1842 "" ,,,,, '" ~ 2 , 4 ~ , " 4 '3 " ,. ,. " ,~ 0 ,S' "'" 1837 '" "" o -< 2 ~ ~ 8 , , ~ '( II ( ~ v r MEMO 14 October 2002 To: Kim Sykes, City Administrator Paul Palzer, Public Works DirectorlBuilding OffiCial~) From: Re: Water at Public Works Facility For several weeks the breaker to the well at public works has been kicking out and lase Friday the electrician for the fire station tested the line. The test showed that the amperage spiked to 30 amps before the 20 amp breaker blew. Today the breaker blew, three times before noon. Its obvious that there is a short in the system and it needs to be fixed. As you recall, the well for the building is under the concrete floor some place in the building. I've talked with Gerald Rehbein who built the building and he said its somewhere under the floor in the back office or the wall to the hallway. I've enclosed the previous quote from Ro-So Contracting for installing water to the public works building and a flammable waste separator in the floor drain system. The current floor drain goes straight into Clearwater Creek and Peltier Lake. It would be feasible to install the separator at this time, as it will be required under the new npdes storm water rules. Mike from Ro-So stated the price may be a little higher then his original quote and he would not be able to perform the work until November II th at the earliest. I've contacted Penn Contracting for a second quote for the work and hopefully have it before the next Council meeting. 10/16/2002 10:03 FAX 6514290471 Ro-se CON1ll,CTING III 001 PROPOSAL RO-SO CONTRAcnNG, INC. UHDI!RGROlJHD UTILITY CONTRACTORS 7137 20TH AVENUE NOATH · CENTEAVlll..E, MN 55038 · PHoNe: 651-429-2669 . FAX: 651-429-0471 CITY OF" CS.r.lTE-RVll....l-l RTT I't: PAu L DATE 2.-liir 0 i JOB NO JOB NAME_._ S€..wU<., ,. W,c.\~R. LOCATION PU8J.,,/C 1J..lOR.l<.5 ~c\<..',( a LJ 1I..D : .Vi:, QUANTITY DESCRIPTION UNIT EXTENSION - -. .. ''''" _-l-____.____._.*_. R.E.(rIO\(~ c...oi'JC-R..E..TE... Fl-OO~ p...( 51-1OP I I. .....-. ".'... -_. -......_..- z. IN::TA\.....I... OIL \~f j';"N'r!-:..._.. ... - .....----....,--- ). l<iJN WSw SE-WSR.. /...Ifo/t. FR.OM -- T-- 0:--- -. ......_- SHOP -co I-"=RoNl O~ au II..OIN b - .....-- -. -- ----- BY CLEP.J.JOvT -. ,-.".--- . HO'___.__. ..-.-- '-I. I N5TAU... m'lr-tI-fOL.L O\lSft L)(ISTING, -.. " .....- - ..._..__n ., '-.-'... . SSWU<.. St..Q."\C-L 7:250 ",,, ..,.-.,. .' .,.,....- -....~.. 5r~_ .. .. ..-.,., .. 5. ;<.SPLAC-'i:.. CoNC-R.~TS FLooP-.. (1:>0 Z5C() -.-... --- .-.-.- ..--... ....--....-. .~ "H b OO!JNE.CT TD t-)(iSTJN<Q 12' TE.'i:.. -- -"..,.. .. -.- . AND ?.UN b" ~p.--i'<..Q \1'."'\ N TO S I-lOP J I L~_~? - - ... .. .--...--...... f. RE..rno~\:.. .,. RSI'\.AC... '\:... ~t..~(.'t_ I CJ:Y.:::> -.......-. ".-.- . . - .."... ~ , -- ..- B. 8 t..A C 1<.::01 A..T .... .5E.-~:D DITCH IOc::D -....- 1-....--.-----..... -- --., ._m._ 9. R€.rrlo\lS Q.. "-SPLA(,L ,o.PPRO)(. - ..... 5050 5'f OF 13\...P.CJLiOI' _ ..~.)Lb?.9... - -- --.,..-.... --._-- "_.~- -'-- 'Esta6Lishei 1857 1880 Main Street to Centervi[[e, 'lIl'l{ 55038 (651) 429-3232 to 'frlJ( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02 - 050 A RESOLUTION AUTHORIZING TRANSFERS TO BE MADE FOR OVERSIZING COSTS ASSOCIATED WITH THE PHEASANT MARSH PROJECT WHEREAS, the Centerville City Council considered the attached documentation submitted by their Engineering Firm - Bonestroo, Rosene, AnderIik & Assoc. and their Finance Director; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVlLLE, MINNESOTA that the Finance Director of the City ofCenterviIIe<is hereby authorized to transfer the amount of $24,324 from the Water Fund to the Pheasant Marsh Phase I Fund for reimbursement of city trunk costs in connection with the development project. PASSED AND ADOPTED by the City Council this 23m day of October, 2002. Attest Mayor City Clerk r- . ,. , ervi{[e 'E.,taNis!ied'LS57 :PU:N'D T.R.:lLJ.tS:PER O'V'E'RSIZI:NG pJ-{'E.:AS.5\.J'fl' ~.J\XSJ-{ P'ROJ'ECT C'EJIfT'ER1;ILL'E CITy COl1:NCIL Date: October 23, 2002 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator From: Ellen Paulseth, Finance Director , Re: Pheasant Marsh Watermain Oversizing Additional watermain trunk costs have been calculated by the city engineer for Pheasant Marsh Phase 1. Documentation is attached, Funds should be transferred as follows: Water $24,324 Pheasant Marsh I $24,324 Oct 16 2002 9:00AM BONESTROO ROSENE ANDERlIK 6516361311 Trunk Costs (oversizing) Phase I Pipe; Valves: Fittings: Restraint: Sanitary sewer from Centerville Road to Mallard Way was 12" PVC, exclusively for grade reasons. Therefore not a trunk facility. 12" PVC watermain vs. 6' PVC. Low bidder had S23ILF for each. Zhd and 3rO bidder differed b)' $5 and $6.33 respectively. Avernge is $5.66/LF Calculation: 3223' x $5.66/LF = 5 ea x $735.00/ea = 6.000# x O,851Ib. = 48 oa x $15.00/ea ~ Subtotal Indirect Costs (28.61%) Total Tnmk Cost $18,242.18 $3.675.00 $5,100.00 $720.00 $27,737.18 $7.935.61 $35,672.79 < 5 11 //7 3 ) /, 3LfCj ~ 1AW15r~ ho...h:u1 CL 0UJ-t^1 d.'-/, 3~'-I ~, 1'.2 , """" , BGMESTROO ROSENE RNllERLIK 6516361311 Oct 14 2002 2:09PM PHEASANT MARSH ADDITION PHASE 1 AND :2 COSTS Canter,i1le, MN Prcject Nos. 616-00-117 & 616-02-126 Ootobsr 11, 2002 DESCRIPTION Original Contraot Amount Aciual Construction (Direct Cost) Indirect Costs Engineering Testing Attorney Record Plan. Flnalln~",ections Administration Assessment Roll Bonding 8. Capital Interest TOTAL INDiRECT COST Indirect Cost C% of construc~on) TOTAL PROJECT (Diract &. Indirect) TOTAL TRUNK (CITY) COST TOTAL ASSESSABLE COST (Project- Trunk) TOTAL LOTS Assessment par iot J..,t... ~ ....;} Phase 1 $726,615,90, $682,282,16 $86,300.98 S3,088,55 $3,500,00 $3,400,00 $1,500,00 (est) $20,000;00 $1,50000 $77,410,00 $'196,69\),53 29% $878,981,69 $35,673.00 $843,308.69 22 NIA 0, '7f34S' J, } I '3'5,~D c.,CI ~ to"J I Cj00 I (f(;7) Phase 2 $463,327.45 $463,327.45 (est) $79,535.00 (est) $2,257.75 (est) $2,500.00 $2,500.00 $2,000.00 (est) $15,000.00 $2,000.00 $56,760.00 $162,552.75 35% $625,880.20 $0.00 $625,880.20 27 NIA "'.2 Tetal $1,189,943,35 $1,145,609,61 S165,835,98 $5,346,30 $6,000,00 $5,900,00 $3,500,00 $35,000,00 $3,500.00 $134,1711.00 $359,252,28 31% $1,504,861,69 $35,673.00 =._-",.. -~ $1,469,188.59 49 $29,983,45 ~, "j?j,'/5 "" f. ';1:/, /" rJ.., c'h3,J~ ~oq ,?? iPU) to CITY OF CENTERVILLE Journal Entries Current Period: OCTOBER 2002 , "'lIIlIl 10/16/0210:46 AM Page 1 Debit $24,324.00 $24,324.00 $48,648.00 Differenc In Balance In Balance Refer 1 Batch Name 10/23102tr2 Journal Entries Debit Total Credit Total $48,648.00 $48,648.00 $0.00 In Balance to transfer additional watermain oversizing .costs for Pheasant Marsh G 438-10100 Cash E 601-49390-720 Operating Transfer G 601-10100 Cash R 438-39720 Transfer from other Fun 10/16/2002 Total Fund Summary 438 601 Debit $24,324.00 $24,324.00 Credit $24,324.00 $24,324.00 Refer Journal Enty Journal Enty Journal Enty Journal Enty Transaction Date For each fund the Debits MUST equal Credits to be In Balance. Credit $24,324.00 $24,324.00 $48,648.00 < < " /;~'nitervi{{e 'Esta[,[isfied 1857 'R'ESI'D'llM 'Efl'UITy TR.7t:NS:f'E'RS SnaM nxY'ENU'E jU:N'DS C'E:NTE1()1Jil'E aTy C~L Date: October 23, 2002 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator From: Ellen Paulseth, Finance Director . Re: Close out additional special revenue funds ............................................................................ As requested at the last council meeting, I have prepared entries to close out three special revenue funds and have created accounts in the General Fund to accommodate the same. Gambling Revenue $25,229.69 General Fund $25,229.69 (to close out Gambling Revenue Fund to General Fund and dedicate for park purposes) General Fund $18,039.67 Recycling Fund $18,039.67 (to eliminate deficit and close out Recycling Fund with General Fund transfer) The Interest on Savings and CD's Fund will be closed out at year-end with allocation of interest. Thereafter, interest will be accounted for in the General Fund. CITY OF CENTERVILLE Journal Entries Current Period: OCTOBER ZOO2 ,!" 10111102 3:45 PM Page I Batch Name Refer Journal Enty ,Journal Enty Journal Enty Journal Enty Transaction Date Refer 2 Journal Enty Journal Enty Journai Enty Journal Ent'} Transaction Date I O/23/02Ir Journal Entries Deb~ T olal Cred~ Total $86,538,72 $86,538,72 $0,00 In Balance to close gambling fund to general fund for park purposes G 101-10100 Cash E 622-<193QO-720 Operating Transfer R 101-'39203 Transfer from Other Fun G 622-10100 Cash 10/1112002 Total to close recycling fund to general fund G 617-10100 Cash E 101-<193QO-720 Operating Transfer R 617-'39203 Transfer from Other Fun G 101-10100 Cash 1011112002 Total Fund Summary OeM Refer 1 101 $25,229.69 622 $25,229,69 Refer 2 101 $18,039.67 617 $18,039.67 Cred~ $25,229,69 $25,229,89 $18,039.67 $18,039.67 De~ $25,229.69 $25,229,69 $50,459,38 Debit $18,039,67 $18,039,67 $36,079.34 Differenc In Balance In Balance: In Balance In Balance For each fund the D_ MUST equal Cred~ to be In Balance. Cred~ $25,229.69 $25,229.69 $50,459,38 Crd $18,039.67 $18,039.67 $38,079.34 < ervi{{e Estab[isftetf 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 Main Street "eentmi[[e, M'J{ 55038 (651) 429-3232 "'Fmc (651) 429-8629 RESOLUTION #02 - 051 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS TO OR FROM THE GENERAL FUND FOR THE PURPOSE OF CLOSING SPECIAL REVENUE FUNDS WHEREAS, the Centerville City Council considered the attached documentation submitted by the Finance Director; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA hereby approves the transferring of funds from the Gambling Fund to the General Fund and the General Fund to the Recycling Fund by the Finance Director to close out these funds. PASSED AND ADOPTED by the City Council this 23rd day of October, 2002. Attest Mayor City Clerk .. ervi{{e 'EstaG{islid 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE 1880 Main Street .. CenteTvilfe, M9{ 55038 (651) 429-3232 ":Fmr: (651) 429-8629 RESOLUTION #02 - 052 A RESOLUTION AUTHORIZING THE ABATEMENT OF SPECIAL ASSESSMENTS FOR PID #RI4-31-22-33-0009 FOR THE YEAR 2002 RELATING TO THE 1987 STREET RE-ASSESSMENT (NON-LmGANTS) WHEREAS, the Centerville City Council authorized the 1987 Street Re-Assessment (Non-Litigants) improvements; and WHEREAS, the above stated improvement was financed in accordance with Minnesota Statue 429; and WHEREAS, the City of Centerville gave proper notification of such; and WHEREAS, American Summit Title paid to the City $531.30 on July 19, 2000; and WHEREAS, Anoka County Property Tax Division has acknowledged and certified $299.16 for the year 2002; and WHEREAS, the Council has directed the City Clerk or Finance Director to make a request of Anoka County to abate the 1987 Street Re-Assessment improvements from the property legally known as RI4-31-22-33-0009 for 2002; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA directed and authorized the City Clerk or Finance Director to forward Exhibit A to the County of Anoka and requests that they reimburse the property owner(s) for the dollar amount mentioned above associated with the abatement. PASSED AND ADOPTED by the City Council this 23rd day of October, 2002. Attest Mayor City Clerk 1- 04-0S-01 01: DSPIII F,_PROP RIle 4 TAX 763m5421 T-44T P 01/03 F-SS, .. AnclHl ClJ;Ull"Ity Oi:~t\$teJn Of Property RtlCarda" TpariQ" Ailawmcmt fGrm 1 (Rev 2./95) APPLICATION FOR ABATEMENT. SPECIAL. ASSESSMENTS . (M.S. 375.1Q2) . County Al.IclitOl'. Number I Fer Taxes Assessed in t9r ?n02 I and Payable in J!l( ?,n02 Coumy of AAOka \ Please print or type. . M9I1D."r. Namo r'jty gf Cente.r;i11c ilpp"..nr"l\Ioiilng ....dr&$$ . App/lean!'. Sc<:llll S..liriiY Nomb.... City of Centervi1le Appll_". TcI""h""" Numb", (6511/;29 3232 1880 M:?in Street Centervi11e, MN 55038 0... ot Appllca'lon 10/17/02 - OESCRIPTION 01' PIlOPE!lTY Pr.po"y 1.Il, or p,.,DolNumbor R14- 31-22-33-000g I . ". I SOh"'" Clsule. Nomber S"..IAddr.... !il dlffor..' than abo.o\ C tv or ..,wn<""p 1632 Peltier Lake Drive Centervi11e I 12 .\'5CAl DESCRIPTION OF PROP~RTV THAT PRT OF LOT 8 REV AUD SUB NO 47 LYG ELY LYG WLY OF A' LINE PRLL/W & 100 FT ELY OF SD LAND SURVEY NO 5 & LYG NLY OF A LINE PRLL/W TO EASR OF llR(: OF TRACT D REG LAND SURVEY NO 11& TRACT D & LYG SLY OF TRACT C REG & 150 FT SLY OF SD TRACT C, SUBJ < APPLICANTS sTATli!liIENT 01" I"ACTS In 1992 Ms. Weber was assessed for a total of $3,012.40 (10 years @ 8% int Ms. Weber paid assessment in full on August 8, 2000 an error on the City's part occured and was corrected on Rebruary 27, 2002; however, County Records are still in force and must be corrected. The City's correction was lacking the abatement process. APPlICANT'a ~EQUEST (netude fund 111Jmt:ar.e. amount du~ 19f paY.2ble lax ;,teat beIng abated, l'1(!.llctal p/inel~ amQl.mt. 82092 "2002 - $299.16 NOTE: Applicant'; $i~n8tur-e: 03te MiolllSsola Stall.ltg;; 1988, S~tiOf!o09.41" "WMli\J~t, in makins arw s.taJemer~t, !,Jr.a! m 'Nrit~n, which Ill: ia'1uiro$!d (If aut~orjzsd by l~'~ Ie t:~ madl 2.~ a b~i5 o( impQ~inS, teQuci>'?Q' ~t abatinQ MY!a.X Q.'( a$~t::io$mar'1tJ intenllCJiI:i1y tllake~ any Sl~fHnlint ~5 to any maI~l"!a.l mansr which the m~2 .t.f lh~ ..lS.t,,*n'lllll't~Qlflt 19 f;a!SG mv be $S014!'naed, l.lf>>fl~5 otherwiSQ prgvi~d \;y ~.aw, to impri!cnmel1l for net mor~ than one y..r 01' to paymenf ,: s. :in~.ol ilQt more than $3,aao, Qtbl:th,~ .. 04-0S-01 O,:OSpm Frem-PROP RIle & TAX m3<3S411 T-447 P.Ol/03 ,-SSI The wllcwing accurately reflectll both existing and proposed amounts. Tax Sp.ol$1 Woee P~nally Interest C"".. Te,al As$eSlilmerT'ts Foe orlglnat . Pr<>p"..,.; ~eduC1lor o o Tal< is Paid Date: 19_ o Equal Annual o Declining Balance o FlatTa:< :J Abatement o Increase Tax is NOT Paid REPOAT OF INVESTIGATION Aiter e"amining the appli~ant's cialm.s. ! have carefully investigated this application end find tne facts to be as follows: CITft'TOWN COUNCIL RESOLUTION NUMBER: RESOLUTION Oil. TE: Date Signature 'Of investigator CERTIFICATIONS OF APPROVAL Note: For this "batemanl t~ tis approved, tl'l3 ~unty AUdllor atld 111e County Soard 1;11 ComrnlG&lanorll: must favorably r<<:;l,)mmend 1I:iJ. _ a4cfJdon. COUNTY AUDITOR'S RECOMMENDATION --0 Approved o Denied Auditor's SignaMs COUNTY SOARD OF COMMISSIONER'S ACTION (To be completed by County Auditor) o Approved o Den led 1 certify that at a meeting he!d . ' 19_ the Ccunt'f Bcard tC':lK the abcve officiaJ action or1 ttlis abatement. Tnis aonon was duly adopted and entered upon the minutes of its proceeding5 as a publiC record, showing the names of taxpayers, other concerned persons and the amountS involVed, CEFlTlflCATION OF FINAL APPROVAL (Completed only for approveo abatements) I furtMr oertify that me approval 0; this abatement haS resulted in the following changes: Reduction Of Cost. On Special As,mtS $ Total Amount Of Reduction $ Total Amoul1t Payable $ Reouction Of Special As.essments $ Reduction Of Penalties On Special A$smts $ Reduct!<:ln Of Interellt On SpGCial Assmts $ Signature of COunty Auditor Date ~ enitervi{[e :il':--.,i . y ...-7 'Esta!J[isfiea 1857 1880 Main Street " Centervi{w, 9l1'J1[ 55038 (651) 429-3232 () 'FCll( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02 - 053 A RESOLUTION AUTHORIZING THE ABATEMENT OF SPECIAL ASSESSMENTS FOR PID #RI4-31-22-34-0012 FOR THE YEAR 2002 RELATING TO THE 1987 STREET RE-ASSESSMENT (NON-LITIGANTS) WHEREAS, the Centerville City Council authorized the 1987 Street Re-Assessment (Non-Litigants) improvements; and WHEREAS, the above stated improvement was financed in accordance with Minnesota Statue 429; and < WHEREAS, the City of Centerville gave proper notification of such; and WHEREAS, Dakota County Abstract & Title paid to the City $873.44 on June 21, 2000; and WHEREAS, Anoka County Property Tax Division has acknowledged and certified $49 I. 8 I for the year 2002 and $245.9 I has been paid by the property owner; and WHEREAS, the Council has directed the City Clerk or Finance Director to make a request of Anoka County to abate the 1987 Street Re-Assessment improvements from the property legally known as RI4-31-22-34-0012 for the first half of the year 2002; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA directed and authorized the City Clerk or Finance Director to forward Exhibit A to the County of Anoka and requests that they reimburse the property owner(s) for the dollar amount mentioned above associated with the abatement. PASSED AND ADOPTED by the City Council this 23rd day of October, 2002. Attest Mayor City Clerk 04005-01 OZ:11Spm From-PROP REC I. iAX 75S3ZS542) i-447 POZ/OS F-SSS ~ AlIla~ii Cauil'ltlj OQ:vli&tCJtl of ~Y'Cl~e'l'ty R~Drds & rS)CBilr;n Aba~cm! t=~'m 7 (Ail"" 2195) APPLICATION fOR ABATEMENT. SPECIAl- ASSESSMENTS (M.S. :315,192) . County Audltorta Numbel' I FOf Taxes Asses....ed ilXW-2.D..O.2 I and Payable in jG)( ?002 COLlmy <ri Anoka Please print or type. AppUcallf.:s Nom& ri t3" gf ('eHtaF7illc "'ppllo.nf$ Moiling ....~r... Applicant's SQcla15er:urhy NumbOf City of Centerville Appllc.snt'~ Telephone Number ( 6511 '129 3232 1880 Nain Street Centerville, MN 55038 D... ot Appllca.IDn 10/17/02 -. - DESCRIPTION Of' PIlOPERTY Property 1.0. Qt P2l'caJ NUMb., 7289 Mill Road Centerville R14-11-72-14-001? I Sohool Ol$"lr.' Numbe, I 12 Str..t",.d,_ (it dlff.,ont than .bovo; City 0' rgW<lo/'lip -l..$GAL OESCRIPllON OF PROPERTY Lot 3, Block 2 L'Allier Estates < APPLICANTS STATlEMliN1 OF "'ACTS In 2000 Mr..& Mrs. Stevenson were assessed for a total of $4,952.39 (10 years @ 8% ~nt.) Mr. & Mrs. Stevenson paid assessment in full on June 26, 2000 an error on the City's part occured and was corrected on February 27, 2002; however, County Records are still in force and must be corrected. The C' t ' - - ~ y s correct~on was lack~ng the abatement process. APPLICANTS REQUellT include l1.lnr;l number e. amount due-IQt payable Is). yaat being abated, llQllctal plinQ;~=l amount 8 20'9 2 2002 - 1/2 half only $245.91 Applial.nt':;I $~QjJ,ature D;ate NOTE: Mlnn~~Qta Sta:wte~ 1988/ S~d:jon 'QQSA!i "Whl;le\J'Q(, in maKiO!; a.n,y ;l"~l~ment, ~r,al \I( 'Nritan, which lIS r~\Jir~d cr aUl;,oriz~d by IllW to Ce mad, a~ a baai:; 01 imp-oelng. teducing ;:!r abatin.g any!~ \11 ~~~~~msr'rt, ,:nt:nriomtlly m.a11~$ arlY ~l-atement as. to any maI~r1aj rr~ner Which the moke of1h~ sl.a.1$m~r11 MO....tZ is falss mv be 5enl:$nc~d, !Jill":! olhirwiss prQlJ1~d by I#LW, to lmprl:$cnmer.1 for net IT'.ora than one ~r or to paymenl ~ .Q rlna ',)( ilOi mo(e ~h~ii $S,.oOO, ~r beth, ~ 04-06-01 02:0apm From-PROP REC . TAX m323542i T-447 POliO. F-GS, " The fellowing accurately raflects both existing and proposed amounts. T... Speolo' Wasto P..olly Intereet CoalS T~lal A,5W"ssmen111 1'0. OrIginal Prop"""" Ite<lucllo' . o o Tax is Paid Da.le: 19_ Ll Equal Annual iJ Declining Balance o Flat Tax :J Abalement o Increa.se Tax Is NOT Paid . REPORT OF INVESTIGATION After examining me appiicant'. claims. ! hll!ie c..reluily investigated this application and finc the facts;o be as foliows: CITYiTOWN OOLJNCIL RESOLUTION NUMBER: RESOLUTION DA T8: Date Signature of investigator < CERTIFICATIONS OF APPROVAL Note: For thi~ f1batomen'j tg IJs apprQ'ired, the ~U"ty AudJlor and me Ccun1Y Board Qi Comml!:GiGfU,rS 'iI\\J$llavorabtv rQ(:omm(lnd Its .d.optlorl. COUNTY AUDITOR'S RECOMMENPATION -0 Apprcved o OllnleC Auditor's Signat~re COUNTY SOARO OF COIlAIIIISSIONi'OFl'S ACTION (:0 ell completed by County Auditor) o Approved o Den led 1 certify that at a meeting held ; 19_ the County Beard to'Jk the aoove official action on ll1is Matement This aonon was duly adopted and entered upon the minutes of its proceedings as a public record, showing the names of 1axpayers. other concerned persons and the amounts involVed. CERTifICATION Of FINAL APPROVAL (Compieted only lor approveo abatements) I furthsr certify that the approval of this abatement has re.~lt&d In the following (;M.nges: Reduction Of Costs On Special ,"'ssmts $ Total ;~mount 01 RlldlJClion $ Tctal Amount Payable $ Reouction Of Special ,o.ssessments $ Reduction Of Penalties On Special A$smts $ Reduction Of inter""t On Special Assmts $. Signature of County Audilor Date ,. tfJteJ'Tfille >",.0(1 --.0- _ _"""=~-~ "",~~".=",_,~_,~"",_,.,.,",,~"'''.''''~~=-~~=''''-''''''__~=__ .j-'~oJ IEstab[isfietl1857 . _ .lJ80~~v((lin J~treet ~ Ct:ntervil[cJ '.JiiFJ{ 55038 (5ol) 429-3232 '. 'faiL (651) 429-8629 March 4, 2002 Ms. Pat Benolkin County of Anoka Property Records and Taxation Division Government Center 2100 Third Avenue Anoka, MN 55303 Dear Ms. Benolkin: Enclosed, please find copies of to recent refunds and a correction of the City's records. The County also needs to correct their records and the respective property owner's tax statements. Mr. & Mrs. Tim Stevenson PIN # 14-31-22-34-00 12 Special Assessments Paid In Full 6/26/00 and reimbursed by the City. Ms. Regina Weber PIN # 14-31-22-33-0009 Special Assessments Paid In Full 8/4/00 and reimbursed by the City. If you have any questions regarding this issue, please feel free to contact me. Sincerely, / ;/ (~~__.__~._fV~'Z.d..4-d_~) .x:1v/t.~:.~~~-, Teresa Bender City Clerk Ene. . , 'ti' fY-f! 17 il-_/li~li e:" I' v' V;J.-' I'; , :)Ji:JI .. "'"'"'-=_...-.......~~"...,..~==.......~ - .... 'Esta[;[isfied'1857 -,' 1880 9YLain .Street (!il C'enterviL[e, ']vb\[ S5038 (65.1) 429.3232 'i!> 'Fa;e (6'51) 429-8629 March 4, 2002 Ms. Regina Weber 1632 Peltier Lake Drive Centerville, MN 55038 Dear Ms. Weber: It has come to the City's attention that special assessments were paid in full and to date remain on your property taxes. Enclosed, please find check # 16724 in the amount of $448.74. This amount contains the second half of the special assessment for 2000 of $149.58 and the entire year of2001 ($299.16). < The City will contact Anoka County and request that they forward to you a new tax statement so that you do not mistakenly pay same again. If you have any further questions, please feel free to contact me. Sincerely, ~.~..)~ Teresa Bender City Clerk Ene.: Check #16724 lI'OH,'i'21,1I' I:Oql.qOb8~81: ~O"'~'i"1.1.5I1' '. CITY OF CENTERVILLE CENTERVILLE, MN 55038 - '.:;,'INVOICE _;,'"' AMOUI\IT .. ;PO~- 2/27/02eJiiGiINA WE.BER plSCOUNT 16724 S :/A,2:Jl,VOICETOTAl ........ $448.74 R 304-36100 REIMBURSEMENT FOR ASSESSMENT $0.00 $448.74 < Check Total $448.74 ASSESSMENT SCHEDI.Jl_E COllstant Annual Payment Method STPEETS ,),) 0009 Interest StciJ~t Date: Repayment Period: Intnrest: l\~t(:?:: Ai.:; ~:.~:\\ ~::- SiB E~n t::;, :; "" BTF:EETS b. c. rL e. j' {) ~ (.'II\IHU{.)L eriYl1iEl',.IT ':li~~99,,:I. \1) :ji:;i:99,,:l.6 "n:299" 11-:' '~i:;:~99 " 16 ;11~~~1?" 16 'ili299 " 16 ':J;~~99" 1. b $:~:9~~" 16 ~~~~99"J.6 ':~:;::9,1" :J.,~ .------------'--------- Lotn (SEE f',fTi1CHED j . I J' I, " i! ! :',] ::Ii Blod;, (.,ddi tipn:: 5Ef-\I2Lk;5, k!;G-1 !'T A 1{,,3z !)f:Crrr,;!2-U\kC Di~IV(:: t)" :30:.; I)J''''),:'!n ...''/..:\ 1 0 '''-E''"",", 8uan'tity Unit MeaSlJre 1 i... ~3 Unit Pl"ici-?- 1\3.012.4D ,.) PI<IHCIF''''d,. Pi',YI~EHT :~:1.34. }B '$ :1,1..\ ~:l" 9? ~~ 1 ~\8 " OB $I }1 .20 ,11S:j,,41 'li2M.SO '$~~:l.7,,4} ':Ii ~:: ~J ~~ " ;71? :~~~?~)~:~,,06 :p~~? is.. :2:3 ...............-..-............,...."............."..... ,...".....,........-. ..-....,......-................ Total Assessment II,ITI:.I':EST I"' 1'\ YI'IEI',.rr PFiII\lCIF'i',L 1:::EI'IAII,jIHO $1..':)4" 30 1\1 ~ 9BO H ~.:l:;:; 1i:!. ~ B4::L. 74 ~-\}l !,699" )'(a :H, ~~4:l ,,\~'Y ':!;1, 370" 4(/ '~1:, 18:~ " O~~{ ~*9B4" 28 $76<.;" B2 ,} "'~., C'c, 'I., , " . ... . "J- "" 1.J..;f ~Iil !.;.:13" 2() 'ii141 ,,08 , ':li1 :27" '7)(:' $11:j,,)5 ~i9B.. 311 .a;f:ll,,70 ~ji6:3" \6 ;~I '~i4l~" 10 $.2?i.,,, :2:3 ':ji~::2 ,,9;3 1i() " ()() 1i~~j,99:t "6~'~ =Total of Annual ~aYfnents (~if.>~ ~\ ~.i~r~'~i~ ~\ :\I.'. ,\)-' \ ~ ",,'1 >-. '\ 11 (~-~ ,\ ~ V D"'<fl:: N,m DFF':: 01':; I Ci I 111,)1. liSSEmll'IEHT MOUhIT:: CURI":F!\IT 1',SSE!3SI'IEHT ANGUI,IT:I ORIG~ ASSESS. PAYMENTS MADE~ MIOUl,iT I''!::'I::'LIED TO PRIj\iCIP"'d.,,:: AMOW\lT APPLIED TO IhrrEREST:: PEFUFID DUE TO PROPERTY GWHER:: DI4L" DUE IJF CLI!,REIH AIlSE"!l,,:: i::',">:tll TU CClI"II'.rr'l TF:i::I'ISURER i.';/llOUn t ~3,OI2.4D ........".............- ,,_MW" ..__..__~ $ 3,DI7.40 < fN/Oj " u.p-'" ,r,...;t"','{ '; " :11'1 i!li- i!;l l~ . 'I I!. I~ i ,ri. i~ l~ ii! 1'1 ,Ij ~i n If i'J !l \. \1 " Ii' ~ " I 1 i ~ I 'I , ~:f3/';i '~;3:. ~;I{~I~" 00 ':li::::I:, 0:1. :;i:" I.~O $~:~, ~:~OO.. l? ~~t ,()~;'.;l "DO :)i:l. :,1 ,;jB /I .~'::9 :Ii 1 ~,'?OO ~ ~7;:2 -.--,.....,---....----------------........---......---........---.--- -----.--------------------..---..---....-------- ,,,,'_'''_''~'''''_'_'.''M'~'_'__': .... ..._.......~..~_,................ . .. - ... . . MIT ll"',TE: l<f:L:EIF'T l I ......"......_..".....~......_....... ..,..,.... : ..-..--......-.. .....-..:.....-.....,.............-....... ii !i;.' I AMERICAN SUMMIT TITLE / tervi[[e 'EstaGCisfied 1857 1880 Main Street Centerville, Minnesota 55038 (651) 429-3232 RECEIVED OF $ 531.30 American Summit Title FOR Assessment Payoff Ck #30558 1632 Peltier Lake Drive , PID #14-31-22-33-0009 FUND CODE AMOUNT /0 I - 3('JIl[) C; ?, I . 30 .. BY Teresa Bender July 19, 2000 . No. # 5319 eSCROW ACCOUNT ACCOUNT NO. 104756687463 t' :{).~r...i:1 j~/:r.:rf ~J! ) ,1,/;" 4../ ,~l,/t(~.. 7""""" . 'Esta6fiAieJI857 ldJU ~t:it,~~1 ,Sin:!:! ',ii Ccnt~rviile, 2A'.i~i\{~ .';iSLU8 (S.r.i"l) 429-3232 ,a Ta;'(. (651) 429:.3629 March 4, 2002 Mr. & Mrs. Tim Stevenson 7289 Mill Road Centerville, MN 55038 Dear Mr. & Mrs. Stevenson: It has come to the City's attention that when you purchased your home, special assessments were paid in full and to date remain on your property taxes. Enclosed, please find check #16727 in the amount of $737.72. This anlOunt contains the second halfofthe special assessment for 2000 of$245.91 and the entire year of2001. < The City will contact Anoka County and request that they forward to you a new tax statement so that you do not mistakenly pay same again. If you have any further questions, please feel free to contact me. Sincerely, I"~,"'." \ v':~l..<:...ta...... ./ ,.i'I / ~~"J. (~C~____,- Teresa Bender City Clerk Ene.: Check #16727 L PAY STEVENSON, TIM TO THE ORDER OF Ill., //;/ / / .: / c . '---''--^~.' OR 11"0.1;72711" e:og.90B,83,Bo: 3,0",.7..511' CITY OF CENTEAVILLE CENTERVllLE, MN 55038 INVOICE" .".. 'AMOUNT $737.72 .. . po" DISCOUNT 16727 S # 27NVOICOTOrAL" 2/27/02$d.Jii~SON, riM R 304-36100 REIMBURSE ASSESMENT PAYOFF $0.00 $737.72 Chec\\.Total $737.72 i;tlnst~nt ~~nnl,l~l :~2~'~e!lt !ilel:J1od ::~..,..l:' :,'; TFEE"j D ?Ji"r~e.1 ~ '1 d ..,: 'I ,:.~;. ',,;.' C,(i:). :::;; Irl~ei'~~;t S'ral~t 0.~tej (: .). ...,j ;:';.n'" . .~ !~,' .:.:':' D d >' iii e " ,i::~ {;~'I I'. :~. L d ::~ In '! :,::;1"::,1':;, !::::\ t (,:.~:J !,..\::<(-;; :i~ 1 Del,':. ~ " AclJition~ L AI,..Lj;:i~ .) ';r "'.i-:; ('" .,:.'d"" .., ,.. '.. ::.? ~:: ~::' iff c n t ::; (:illantit! lJnlt MeaSL\Fa L,' I...in:l. 'i: p". i Ci::~ S 1.J,(,jr.:::~,3<:1 i,i,. b" ') c:" -'l),) 10 l~Jc d" I.::" '(E(1h' I:' j::I:-l';,:::::)\I'"I" P I~,: I I-,ie I 0' !:j I._ P(i!Yl'If.:.i'.lT I.?(.::':;~ 'jJ",\?:i. ...l:l:i. -t?:~': :1. "I,::i)' ':!t:':~3r::; ,,~,;/: ~1;:2~) ';? " GG :/,'P9::; ).':?')/\ t !~) ':? ~.\ :l.IP?6 ':1l.{.~,9:!. "D:I. "Hil'?], "i'll 1ii-'.j":':>:L "HJ '~4?1 ,r8:!. :jif-\91 r,Dl :!i4?J. ,,:::):1. :!i(.\fiJ. "H'!. :~?\2:1 "q;~l ':~~:'.i04" H:l. :!.?(,;:"? ~\i ~:;:~; 0 " 1 !. :I. ?I'r{~ :J.9':i'19 '!jt ',:} ~~ '_::' " ~:I :i ':~~:;B)' ,-:La :;;:00') :;~O(~ ,t ~tOG:;:: ':\1 l~ ~l r:'.\ " 1 ~;,:: i!~4.J. 9" ~:;:? :ii ~+ if J. " ~:: :i. ':li4\) 1" E~:i. . 'K ..,......" .... n~.. ........ .-....." ........ -----,-_...-,-,----_._---'-_.._---_.. Jq..'1'5'~. ',ji :;~ ;' :';.~ ~.:l ~:; " () ~.:, :ii::' '.' ?i~;S ;::;:~ ';1i t :' ':~.,:Ln:; 1'5 ':~ :lJ ;~ ~::: :.~.: ~ ~'~~~\l~j]. -jl,:I'''il: ';' 0-,,' _-i ,.f ,., ...... ry:-CtL-P'" (':liO..D() ':1 1'o-t~~ AlsseSS1~ent II,-,rFIEPEST I:' PI ''( H E f'.rr F-FIhCIP,-,L i:;:Ei"'!('j I hi'.!: \',.Iei ':il :::( ~, :;~ ~I:, ;:'1 " .) :;, -:ii ~~:)'O " :;::.:i. :~ .;:: ~~'.1 ., !:j :::, :l[~:.; ~, i:) 3L.\' ;':'.I.:'j ~i;?!! )'I.jl.j "J::;) -:Ii ~;~ :' !.:.'I'::I "~.l " I,~, (i ':\i~'~;J:I. ,,9;:'; ':j; ~~ 1 0 H :,':'),::\ ~illG7"OO ~i;:I. i.S t ;, )'0 ':/i.1::1I.j ,,;;;0 ':1;101:'.\ rIb'::; ':li'?:;~" !50 ~i ~':; ')' " (!) S1 $~~918M13 =-To't~l c'f Arrl\jl~], Pa~i~ents . ! i )J.jr /Ji./ _ oV~~~( 4* ~;,v! iJ"~A\~ c~-~ ,4)..--1.\' ,\') '" C -- ' f?,~'~J16.(p~ - - --- ',\~b -- V Di:;'fTE F';\1:0 UFF:; DF:.i:G I!',,;{.;!L IA3:JE;;-SNEi-..l'T AHOU)',IT!J C U I~;: f~;,: E l'<rr (.'1 \:> \:):::: ~;) H I~l E l.rr tl 1'1 0 LH',r!' ~ _0)';:113" j4~:)~:)I~~H:3" ~~'(:i'--(l\'IEj\!.r;:) lrll'~IDE:~ AI~OljNT APPl.IED 'fa PRI~lr~IPAI_= AMOIJNT 0F'PLIED TO INTERES'f: F:L,:FUI'-iD I);j[ TO I"F,OF'ERTY UiJ.II-,jEP:: BAL" Dt,IE (JF CIJR!~I~NT ASSESSftc PAID ]'1,) [;GI,jl~l'~ rREASURE~ !':il:! T D(;ITi~: ....~.. ".. .... ....." ... ,...'" .... ........~.. ,,*.... ..,. . .~",j td " , i':lIl'rCUn-i'. :.1 ';' ;~I':~(:.. < * 5~ZS!.- )i ~:.:i " --',I -, ...~ .',1;;:,\ "9;::,'::,, ;':'j':.'.'J -:ii::':: :' \:~ :1. '.7 " :I. ',:'i ~i :1. " {.~ 9 ':~ " .i.l i3 '!i :I. ~' '::.: :::'~.;) " ;;, ~:> li~;'!,:, :,:::1.':":,::1..,91 i:~:Ei'::EX,FT W.. b-- - - 'Esta' Lishl!d ~Z857 1880 Main street Centerville, Minnesota 55038 (651) 429-3232 RECEiVED OF $ 873.44 Dakota County Abstract & Title FOR Assessment Payoff -. 7289 Mill Rd, C.k # 025969 FUND CODE 101-3(7110 AMOUNT 1) Y; '73. '1 BY Jill Lien June 21, 2000 No, # 6;Z:;]'T ,-.' ", . ",.,'" /(\..2" j.I,.,.uk' - /J''f#'{ <, - .,-", -;,,; ',-- . . ,'::_': ':_ " 4. tr "(, ~-:- t 1 ~ e.cv _ The heav~rig':d'e'CJt1:'~;{j:~::;;:,. . *ENDi'r:1~wILLJ~MS '~v,J~ 'tli~ glo,x:~fd~d~i~;lf'21 . PH, 612-296-5114, ,',,",- , - $"SV3a,: , ,r:,:Date CJ:3:Jur!JfJ!!/~';-1I , - 71 .;-,,-~1~;;:GiJ ,,:,;;;;:~ ".'", "01ie . $ ~'I!i ollact, ii,', __Mt~~~ FOT , tJtJ,f"/ / -;L I-no 1 nMr-l'-' , n._ . ,...."............-. . - """"I..V: -:,"'L c-r:;: ,:\;~>;i,,::'-;i5f:r;':::;il :'Ot LU[1!9d " 8 C' e -:::i:';1Iii.\:';t;on '0 ;ciolP .~n c.. e" ..,-.'.[ "~!.:-il,,;;'/~.,-;''', J ""i""," ",;-,,1' , '':':If_':;~~p,,.~~;\.1!aL[ ~,l.J.l',: " "::.. <,.,."/ij:J,j.;.,, ",_"'...~. _" '-L :',.""~~ ;~~I,~.s~~'~~r~;ma~~~.i (V?Z" fi?;r?"d7-':', -'-':1-<'''1 '.......'..i!!'~ltiT1!;:,;;V.. -fi '):!"p <J'rT"'t7' ~ "-0' .-._.~_.""..,A;:"'~''''',",_"<'~..._,<1,..,.,: It~lll< I " l> " ~ l> n " n I " . " . ... 0 0 N 0' .. -< " a: w Q 0 " " -< '" . ^ 0 '" ~ I 0 " -t ~ . . ~ ~ 0 ~ s 0 N n z #; '0 0 l> " Q N Q . - 0 0 ;;j ~,~,~: ':~3 ;!', " 0 w c . :tl 3 " ~ .:; ..." s: Q <T 0 . 0 " 00' . ~ f g. " 0 '" Z 0- 0 I " 0 0 ~ '" " " 3 n Q w I I ~ rn N '" ~ ". .. 0 5 0 " 0 " .. 0 w ~ 1_..- " " " " I S ~ 0 -< 0 " ii" . )>. I 3 N Q. \- 0 " '" I " .. 00 ~. I 6 00 . l~--- <T . OJ 0 ro <:> 0 . " N ;;: " 0 ~ . ~ I I _ "- 5' z ro ~ C 0 "' 3 \---- - 0 ;;; I " <T iiF ". .~ ro I 5' !--- '" n w I , rn N ~I !------- 0 " '" 0 ro ro "' ~ " -i m I . ~ co '" . 3 " 0 1_ p. Q " " ~ I \ c .~' ii" . '" 0 :0 ro ,"- l> ~ ~ 0 " o' ;;: " 09'( o' , s: 5 "' ro :E " '" M < n 0 "' ro ro <:> r ~ '" >!. < , ro m lNnO '" '" '" ro " 0 -t n <:> '" "" , 0 ^ " )> '" " 0 r ~ 3 00 0 0 Q 0 " W N , ~ 0; Q a; c; ro " " -t '" 0 ." \ ~ ''':I '" m :;;: :''''0 " '" . . ~ \ '" c: 0 0 '" " '" -" 0 " m 0 -t \ 0 0 0 0 " ( 0 I a 0 \ ~ 0 ~, z J \ 0 I 3 '" <T I \ "- ~ I .i -< 0 0 ~ " '" 0 -t '" ~ 0 Q ~ ~ 0 0 , ~ ~ " 0 Q n 3 w - J '"" ~ . ro ," 0 0 '" 5' I Of.. -t ,,", S ~ I ~ ll~' I I " " S~ '" :,. ~ "" " ,4~~~ w :.. BI " . ; 'i i . j\ TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk ; 9.' SUBJECT: Tobacco & Liquor License Renewals for 2003/( . DATE: October 18, 2002 As you are aware, the renewal process has commenced and attached please find the submitted tobacco and liquor License Renewals for 2003. Same has been forwarded to Chief Heckman for this background checks. Attached, please also find a copy of Ordinance #13, pages 7-10 regarding licensing requirements. One applicant is missing their Certification of Insurance and I will forward same for the next meeting when Council will be considering them. < Staff is coordinating a meeting between the license holders, City Administrator and the Police Chief regarding the Best Practices Program. All licenses have opted to participate and Council will need to consider the type of signage for the establishments. 'EstaNislied 1857 1880 'Main Street @ Centervil[e, 'Mg{ 55038 (651) 429-3232 .;Jewc (651) 429-8629 October] 8, 2002 Chief Joel Heckman Circle Pines City Hall 200 Civic Heights Circle Circle Pines, MN 55014 Dear Chief: Enclosed, please find the renewal tobacco and liquor license applications for the City of Centerville. Please complete your background checks and return them to City Hall prior to November 8, 2002. < Mr. Bisek, Kelly's Korner is lacking a Certificate ofInsurance and I will forward same when received. It is also my understanding that the Department was having problems when several of our license holders called to ascertain whether there were citations issued in the past year which made it difficult for them to complete the state application form. However, if you return their calls when the information becomes available I will note same. Thank you in advance for your cooperation in this matter. Sincerely, ~.'C;;)>d,.~.~ Teresa D. Bender City Clerk Enclosures I City of Cenlerville Ordinance #13 (Liquor) 08/28/02 state the name of the applicant, the applicant's age, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and either information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application. B. Financial Responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in M.S.340A.409, as it may be amended from time to time, with regard to liability under M.S.340A.801, as it may be amended from time to time. This proof will be filed with the City and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. 340A.409, as it may be < amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability, and workers compensation insurance coverage is a cause for revocation of the license. 1. Liquor Liability/Dramshop. Proof of financial responsibility shall be given by filing one of the following: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence, and policy aggregate; or 2. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. C. General Liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in any Page 7 of 17 City of Centerville \ Ordinance #13 (Liquor) 08/28/02 one occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of anyone person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in anyone occurrence. D. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. E. Additional Requirements. The liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the policy. All corporations, partnerships, and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. Execution of Application < If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license, and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Falsification is a cause for revocation or denial of the license. Section 12. Description of Premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Section 13. Applications For Renewal. At least 90 days before a license issued under this ordinance is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. The general procedure for renewal is as follows: A. The city will mail all application forms by September 30 with a letter stating the timeframes and requirements for completion of the application process. The form used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of Club License (form PS9093-98 or the most current form used by Alcohol and Gambling Enforcement). Page 8 of 17 I City of Centerville Ordinance #13 (liquor) 08128102 B. Licensees will return the required forms to the city by October 30. C. Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. D. The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval from the state prior to the December 31 license expiration date. E. Approvals are contingent upon licensee proof of required payment of insurances, property taxes, and city utility bills. F. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. < G. The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous 3 year period. H. The City Administrator shall verify all information prior to issuing a license. Section 14. Transfer of License. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this ordinance applying to applications for a license shall apply. Death of Licensee In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Section 15. Investiqation. A. Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound Page 9 of 17 City of Centerville " Ordinance #13 (Liquor) 08/28102 discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. B. Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in' the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Section 16. HearinQ and Issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Section 17. Restrictions on Issuance. Page 10 of 17 } r 1880 'Main Street 3 Centerz;j[Ce, 'M'l{ 55038 (651) 429-3232 ~ 'Fa:( (651) 429-8629 STATE OF MINNESOTA CITY OF CENTERVILLE COVNTYOFANOKA Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL The undersigned, residing at lint, ~lL\~ C't... in the City of c.lSYoJt'iL.'l \~\..'E" in the County of A~v-~ , State of Minnesota, Residence Telephone: (&,s\ 'rh~ -1,..$52. HEREBY MAKES APPLICATION FOR LICENSE to be issued to TODD STEFFIiN, "PBA CORNER EXPRESS, to sell tobacco products at retail at 1990 MAIN STREET, Business Telephone: (~\)~ ~in the City of Centerville, Anoka County, Minnesota for the term of ODe (1) year beginning with the 1st day of January, 2003 , oubject to the laws of the State of Minnesota and the ordinances and regulations of said City of Centerville pertaining thereto, and herewith deposit $75.00 in payment ofthe fee therefore_ By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tax L1earance Information, then sign below. Date: \'t>"\D\~"L -~ Signature ~ \""';'0 <;~9fE!\'''') Name (print) FOR OFFICE USE ONLY (Do Dot write below this line) Report by Police Department This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any violation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco "ed devices, or any felony within the last ten years. ~ature Title <: , .. NOTIFICATION FOR LICENSE INVOL \1NG PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the fo~6Wing: 1. The purpose and intended use of the infonnation requested is to determine if you are eligible for a license from the City of Centerville. 2. You are not legally obligated to supply the requested information. 3. The known consequence of supplying the requested information is that the information of further investigation could disclose information which could cause your application to be denied. . . , 4. The known consequence ofrefusing to supply the requested information is that your request for a license cannot be processed. 5, A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal information will be considered falsification of the application and may be used as grounds for the denial of.the application. 6. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. 7. The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Commissioner of Revenue. 8. During the application process, your name and address may be released to the public. If the license is granted, all the data supplied "ill be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and understood the contents of this notice and has received a copy of this notice. \ 0 \ Ie., t tI'1. Si~ . Date , , s 0-" m ~.~ S (J) 0 m.., .. :0:0 ri 0-.< -nor :> m &>-() -? CO -. :>~ -n () ~oo ~. ~ ~s:~ 0 0 -.0 () :> ..... 0 =~'<<J a. r) ~ ~ ... ..~ (J)~ &> 0 0 g @n 0 s:-+'" 0 :> a 0 Go 0 Z" ...... ~ ~~3 (; m :5. - '" 0 , .g. 0 ;:;' U1-+- 0 :5. ~ i ~ (l '" UI '" 2 " r " .. ~ : S- O " 0 tAl " ~ p 00 " . " " - " .. " 0 " " .0 " .... " " .0 " 0 " " <T' " lJ:i " " '" " lJ:i " " .. " " " '" " " 0 " . " " .... " lJ:i " " r " .0 " " " ~ " .0- " ~mZ " c,n~'~ " ~m:C " cp;gHl " " ~--1 " ~r.. " :;;~ " Z " '" " " " " " " " " " fF> " " " " - " " 0 " '" ...... " UI - " b -oJ 0 ..... N 0 0 0 0 N r I ~ I~ " "' SoculityF9atur<:lslnclul:red. I:P D..tallsonba~k. itervi[[e 'Esta6[ished 1857 1880 Main Street Cemerville, Minnesota 55038 (651) 429-32'32 RECEIVED OF TD Stetl'en, Inc. I $75.00 dba Comer Express FOR: I 2003 Tobacco license Ck #3340 I . Account Cede Amount , BY Teresa Bender October 17, 2002 Co) Co) .I>- o Receipt # -;"".~...., I~U~ ..J , _e~tervi[[e .- -/j 'EstaNisfzd 18.."7 ocr "I. ~ '1(tl'J~ ,'# !.V~l~ 1880 Main Street " Centervi[[e, M'J{ 55038 (651) 429.3232 ":Fa;c (651) 429.8629 STATE OF MINNESOTA CITY OF CENTERVlLLE COUNTYOFANOKA Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL The undersigned, residinga.rro-~I'V' b:ft ~q :) in the City of (l f .i'l kv 1/1 I \ 0 in the County of &OU ./ , State of Minnesota, Residence Telephone: Wl~- qD ~ "3 HEREBY MAKES APPLICATION FOR LICENSE to be issued to DBA TOM THUMB FOOD MARKETS, to sell tobacco products at retail at 801 MAIN STREET, Business Telephone: <&:>1 )~ J{~qflUl the City of Centerville, Anoka County, Minnesota for the term of one (1) year beginning with the 1st day of January, 2003, subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Centerville pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tax Gearance Information, then sign below. DateU.-J..r--be (rF3 :l(;(Ja I WttJua It ~ Signature - &t/rlJe/le. R. r;a;,L~ ame (print) FOR OFFICE USE ONLY (Do not write below this line) Report by Police Department This is to certifY that the applicant and the associates, named herein have not been convicted within the past five years of any v' -. ation of federal, state or local law , ordinance provision, or other regulation relating to tobacco or tobacco products, or tobaoco rl devices, or any felony within the last ten years. Signature Title , NOTIFICATION FOR LICENSE INVOL VING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: 1. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City of Centerville. 2. You are not legally obligated to supply the requested information. 3. The known consequence of supplying the requested information is that the information of further investigation could disclose information which could cause your application to be denied. < 4. The known consequence of refusing to supply the requested information is that your request for a license cannot be processed. 5. A criminal charge, arrest, OT conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal infonnation will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. 7. The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Connnissioner of Revenue. 8. During the application process, your name and address may be released to the public. If the license is granted, all the data supplied will be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and understood the contents of this notice and has received a copy of this notice. / O/()~/zJ.:1. Da~ Lm-u:/-dt / du~ Slgnature <~tervi[{e >:rirj;;' ~_ ;,. 'I:<ta60sfieA 1857 1880 Main Street Centerville, Minnesota 55038 (651) 429-3232 RECEIVED OF r12~ Thumb #295 $75.00 FOR: Renewal ~pplication For license to Ck #3039961 Sell Tobacco Products at Retail Account Code Amount . - BY Kim Stephan October 16, 2Q()2 Receipt # leT1 , o --CI lJ1 .IJ o IP o o .... .. o o o o .. .IJ IP o IP r -. .r ~ Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979' TIY 651-282-6555 . Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE :No license will'belJPprovedCirreleas~ Until the $20 Retailer ID card fee is receivecrby MN :Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/Connty Auditor are also required hy M.S. 340A.404 S. 3 to report any license cancellation. License Code (MIlS License Period Ending 1 PI, 1 IPOOP ID# City/County where license approvedCentervi lIe 1'.111 Licensee Name Kelly's Korner Inc. Trade Name Ke 11 y' s K01^ner Licensed Location address 7098 C e n t e r viII e Rd City, State. Zip Code Hugo, MN 55038 Business Phone 551/553-1459 < LICENSE FEES: Off Sale $100. 00 On Sale $ 2500.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. ADDlicant's shmature on this renewal confirms the followin2: Failure to reDort anv of the followinl! will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have oCl.;urred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the licen.~e period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Date 10 /P 0 z. o be correct and license has been approved by city/county.) Licensee Signature (Signature certifies all above infonnatio City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statellocalliquor law violations (criminaUcivil). Report violations on back, then sign here. Date PS 9093-98 ". Indicate below chan!!es of cOl1mrate officers. varlners. home addresses or telephone numbers: Indicate below anv interest whatsoever. directly or indirectlv in other liquor establishments: Renort below details of liquor law violations (civil or criminal) that have occurred within the last five years. (Dates. offenses. fines or other penalties. includin!! Liquor Control Penalties): Oz. Sf.t't/;"J/J fjz.. 5"i.t'(/(~3 I be..- D~r , 01 SUv '~i >I- Thuf Alu.. # (Ie..r f..r~ ( C)/,o jl ~.J. it; {Jelly !I11>i</h~~~'" J , , . tU'9d-"""'I7/F'f{Jor ) l1...fit, h,.. C fl/'/1 "'Ed. ~ tiFPIy t I - (ObOr-Jt.(l, ) . fJ..n~r hf'S, l-o Ue- Bf..sr! tJ i (2u.c; //evl/~N' . 0"1'-1-;5 c"0\<.jj", ~V.s w~r't. C1cwrtl '? UN rl-i3Vi. J4h {H(" , i:,,,(, rl\,.~,. L.L... Renort below details involvin~ any license reiections or revocations: my 10 Jo Pt/ {'~6 c.h u f:: fu #'6 f/. City/Countv Comments: .+~n,tervi[[e . ~Ia6{islied M57 COUNTY OF ANOKA 1880 :Main Street " Centervi[[e, :M9{ 55038 (6fiJJh-9ljf~1?tJ~Y!rM-8629 Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL Theundersigned,residingat /fJ~f- /tJtrf. ,!,.,; intheCityof (;ON 1!/4,tl,;J., . in the County of )/t;oJ,J , State of Minnesota, Residence Telephone: (P~J) fld.c. - I)f~ t.. HEREBY MAKES APPLICATION FOR LICENSE to be issued to BILL BISEK, KELLY'S KORNER INC. DBA KELLY'S KORNER BAR, to sell tobacco products at retail at 7098 CENTERVILLE ROAD, Business Telephone: (~/) /';$ - -21!L in the City of Centerville, Anoka County, Minnesota for the term of one (1) year beginning with < the 1st day of January, 2003 , subject to the laws of the State of Minnesota and the ordinances and regulations of id City ofCenterville pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tax Oearance Information, then sign below. Date ~d' / '? tJ Z , ~ ~;5ud Signature /' Wr//."...... J3( uK Name (print) r; r3J4w Cv,. AJ /fl1~~ f c.t. f ~ Ie . FOR OFFICE USE ONLY (Do not write below this line) ,*/oz h';fO Report by Police Department This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any violation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices, or any felony within the last ten years. Signature Title L I I I I I I L NOTIFICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: 1. The purpose and intended llse of the information requested is to determine if you are eligible for a license from the City of Centetville. 2. You are not legally obligated to supply the requested information. 3. The !mown consequence of supplying the requested information is that the information of further investigation could disclose information which could cause your application to be denied. ,< 4. The mown consequence of refusing to supply the requested information is that YOUT request for a license cannot be processed. 5. A criminal charge, arrest,. or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal infonnation will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. 7. The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Commissioner of Revenue. 8. During the application process, your name and address may be released to the public. If the license is granted, alJ the data supplied wilJ be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and understood the contents of this notice and has received a copy of this notice. ;t~.tJ~ /' tJ'd I') tJl.- Date Signature CERTIFICATE OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and loca1licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements of MSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. This information will be collected by the City and retained in the files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Connnissioner of the D:,partment of Labor and Industry. Insurance Company Name: lliOT the insurance agent) _~t('lllly , /J.d"",,.), s !rll-fot'"> Policy Number: we. ZG.D'{I"3Ci3~'-,:>O Dates of Coverage: ! /;/0 J I I TO ~ Z /3 i /6 'i J I < (OR) I am not required to have workers' compensation liability coverage because: o I have no employees o I am self-insured (include permit to self-insure) o I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children and certain farm employees) 1 certifY that the information provided above is accurate and complete and that a valid workers' compensation policy will be kept in effect at all times as required by law. Name: 1.01 f l. ~- [First] :::rl: r,n.,. t:- [Middle] Pi sO::. [Last] Name of Business: _~f It'1 's ")O'j'jJ - Cf.Hl lVI/Ill! C'Ad,y,';;[{t [City] /lor.." "". . .r: 11lc:. Business Address: Qd /J1~ [State] 55tJJ~ [Zip] {Jd I?, 07_ Date &'-5/- c.s 3 - ~? f I z=:= If y~ Signatur Business Phone: L_____ _ CERTIFICATE OF COMPLIANCE DEPARTMENT OF REVENUE Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and the social security number of each license applicant (person si2mn2 the application). Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal, or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; , 2. Upon receiving this information, the license authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your license issuance. Please supply the follOWing information and return along with your application: TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: L, t u. ~ r . < PERSONAL INFORMATION: Applicant's Name: LcLu,,,,,,", T3 ( :> t 1< J05'i- ;A.. L,.. Applicant's Address: / tJ 'i - (po"; Pi4-1P') ::- /YIAl 3' PFJ 3 . [City] [State] [Zip] Social Security Number: 1-;)1. '/2- f., Z() '1 BUSINESS INFORMATION: Business Name: Jd~U'f 's 1}096 - C",.} V.u'v,llr, LtrJffr'i/ 1/ / f vV/.,.} [City] [State] k'O/''''..-r t ;t ,vG Business Address: !2d 1;'117 ~ [Zip] Minnesota Tax Identification Number: /5/'i/tJO 4/-I>~'i'JO'j Federal Tax Identification Number: If a Nfinnesota Tax Identification Number is not req to/idOl. 'Dat~ TAX CLEARANCE INFORMATION TO LICENSE APPLICANT: Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and social security number of each license applicant. Under the Minnesota Goverrunent Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service. 3. Failure to supply this inform~tion may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE TYPE: (, t~,,, r NEW [ ] RENEWAL [X] LICENSING AUTHORITY: City ofCenterville LICENSE RENEW AL DATE: I J I / D:. I I ,< BUSINESS INFORMATION: Business Name: ~t.. tl'1 \.s k'o r (I) f r , ;[,.t G. Business Address: 'l{)'i$ - [eN I-'N~lIf M C,J 'kN. {f'i vVlrJ [City] [State] :15.1 "$ 'if [Zip] Business Telephone Number: b5/- /'63-))9/ List of Officers or Partners (full name, title, and social security number): Full Name: W { If ( ;4 ~ ::r; I' 07>-" 73, ~ ~ kf Title: ~ (' f S Social Security Number: If J ( . ~ i! - (, Z" 7 Fnll Name: Title; Social Security Number: Full Name: Title: Social Security Number: Full Name: Title: Social Security Number; IF A CORPORATION: Corporation Name: k'~- t (y 's Business Address: '/ ~ 9 'i - ,~r"'f(') fwt:. C~,.v If ,,-t/, (/1 dba /tlt /1" I ~ . r2d /61"f11 t f.Z Incorporation Date: ;ll/Iff I L;J( It 14..... !3P&k' List of Directors: List of Stockholders: W tCe........... b ( $ f JG PERSONAL INFORMATION (if sole proprietor): Applicant's Name: Applicant's Address: [City] [State] [Zip] Home Telephone Number: Social Security Number: ALL APPLICANTS; List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made and describe their interest in detail below. ,'<.< Addresses: Assumed or Trade Names, if any: Business Telephone Number: 105/- &53- PI?! Home Telephone Number: 'Jt,? - g~ Z - ~ 'i 5- (.. Has any person named in the application ever been convicted of a felony? 0 Y es ~ No ffyes, set forth the offense, date, county and stated of conviction: Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager \vill not violate any city or state laws. Minnesota Tax Identification Number: 17/ '7100 41-1'09307 Federal Tax Identification Number: If a Minnesota Tax Identification Number is not required, please explain on the reverse side. Signature: Position (Office, Partner, etc.): Print Name: Date: ~J \ -6" \) tIO co Z ~" rl- "';j rl- @ '" q, :< '" S " S" <:10 rl- ==' rl- >- " (ll [JQ ~ '" p. '" :y .r' Ef" :: N " -S' '" ~ K ~ ,.-. ~ . I f' 0 \} 1 t:: "'"' --.. .n .. '" ~ 0 "- K .... <f-. I:> ~ .,. " -.. ~ <... '<.. "\ VI --. ""\ '" --. 1.1'\ .., f\. '" <::> ~ &- '-\J ~ >-l 0 cr' '" 0> '" '" 0 "'- "" ~ , ~ ~ 'E- t- \\ ~ L ~ ?;i " ..0 '" @' p. 8' .... 5' (ll 8' - 0" :;: S" (fQ '" o " o ~ ~ ".... ~ ",.c ~ := P"' .... "';j""l e; ~ sc::.. 8;.... '" ~ = o 1; QI i:t""""l a 0 ~ >-ER~ ~ () <""'I ::l" - _.'"'"'1 ~ ~.. ..... rl- (ll 0 g ~ ... ~::r'- :-.~ ~ ::l " ... (ll :;, :>< rl- '" 0 t:x:I ~ >-1 ~ co S ~ g, ~ i:';" V>"'''''' ,0 OQ 1,I""f 0-"""" (tP ~ --:. c -;;= g.= '" 0- q;:; " (j ;;,=:r 5'~ " ~ -gi:';" " "-' s ~. '" ~ g p. :y ..., e- .- "';j Cll ..., '" o ::l ~ o o ~ o ..., a,,:;;:1.!:; Business Address: lit-fly ~ Jd'NU, f~c. 'If}?i- CENluv;(/[ /d Business Phone: b?1 - fpf:5 - } p ~ / City of Centerville Best Practices Application All owners and operating managers please sign, date, and provide a home p ne r other reliable contact number. 'It.;S-$t;,l ->i'f'(, Phone < Signature Date Phone Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Licensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. Date Phone ( _ ___ n___~ ~___ __~ __ __~__ _ ___ ______J "0......",,, -.sT\.l!OllK 5"''''''9'''''''' .. ~ 0 .0 0 ..... .0 0 D~ ,,> "'~ We! ~~ " " ^ '0 m z~ or :s';Za:l<t.n F~~3>;=; .m;g8100 F~O:tl ZFn~O~ ::rI~C:::tI 00 Z -;- z f' 'Estaflisfietf 1857 1880 Main Street Centerville, Minnesota 55038 (651) 429.3232 - .. OJ -,J j;' ~ m ;;j m' ~m ~m ~~ ~~ =~ ;;; "- "" 8 ~ ~ C' \\i co. &:: ~ at 8> ',* ..... 'II ,~ 0 .. ..,.. Ii RECEiVED OF Kelly's Komer, Inc. $2,754.00 fOR: 2003 Liquor License Renewal Ck #5104 Account Code Amount . < I BY Teresa Bender IOctOber 18, ?Q02 i -,J -,J n.J o Receipt # 7984 ~~~-. ~'~ .' ~ o;:~ ~r 0,,,,,, Minnesota Department of Public Safety Alcohol and Gamhling Enforcement 444 Cedar Street. Suite 133 SI. Paul. MN 55101-5133 651-296-6979. TrY 651-282-6555 . Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be ~pproved9IreI~edilDtil the. $20 Re~er 16:Card fee 'is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new liceuse period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBS License Period Ending 12/31/2002 ID# City/County where license approvedCent erv ill e g144 Licensee Name Richard A. DeFoe Ent. Inc. Trade Name Waterworks Beach Club Licensed Location address 7281 Ma i n St City. State, Zip Code Center-vi lle, MN 55038 Business Phone E.51/42g-3033 < LICENSE FEES: Off Sale $100.00 On Sale $ 4000.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Aoolicant's shmature on this renewal confirms the followin!!: Failure to renort any of the followinl! will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor la\v violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the sununons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued, $100&000 in c or secr;:rit' r $100,000 surety bond may be submitted in lieu of liquor liability, r::l / . Licensee Signature . / CJ. i-<..- Date /C! / '1 Ie '0 (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminal/civil), Report violations on back, then sign here. Date PS 9093-98 Indicate below chan~es of COflOorate 'Officers. oartn.ers. home add.resses or telephone numbers: Indicate below any interest whatsoever, directly or indirectly in otber liouor establishments: 'Shelf> /1/'5 H{Jvb F,;() 1",1 / (j,)) (r;,/lCW, 5L P4~1 Reoort below details of liouor law violations (civil or crlm;nal)/hat have occurred within the last five years. IDates, offenses, lines or other oenalties, including Liqnor Control Penalties): w( A'i'''' vi j/O.:; r.-. !/fY- Iv IJ,,, &/11"11/1,"; /"j;,~ 21,<...- jJ,pI- 1-vr ,'" ('..""/J, :;/1' /;,'1 r ,~:.r ~;.... ,.,.J"I/I,'/4 fv/!) , fJ ) J'I;;'; J h.,,, ;1.) reo?.;"'! 41". If; t~;A;f' . 14, ,~/! Iy- vit}/,il';~ -''1...1 J ,......."'1 .0-~.....-K. fJt /j < .' ~ $.,:/2 ,J ., L" . I "1/!:'()ht.> -il) (.:% /1-7/vl;/." ::;0,/1'/< -A,nil' '"~ },Cdl. i;;... ",,/~iJ,,~ f../-'l.. /,."tiJ"I) ,'-<l I . " I QI7:1.,!.i> F~"I-'-d. J Report below details involvinl! an"! Ucense rejections or revocations: City/County Comments: .,;,eiiJervi{[e '.7/ 'Esta6[isfi.eri 1857 STATE OF MINNESOTA ..~DJC{ '"i 1880 'Main Street " Centervi[[e, 'Me;{ 55038 (651) 429-3232 ~:Ja;r (651) 429-8629 CITY OF CENTERVILLE COUNTYOFANOKA Application No. RENEWAL APPLICA nON FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL The undersigned, residing at 7J ft, 5 (no. I /I "yf in the City of (~'I' ,}e,. ,,; II e in the County of I~ I'lD iGJ.. , State of Minnesota, Residence Telephone: (651) 76J - 359'1 HEREBY MAKES APPLICATION FOR LICENSE to be issued to RICHARD DEFoE, RICHARD A DEFoE ENT. INC. DBA WATERWORKS BEACH CLUB, INC., to sell tobacco products at retail at 7281 MAIN STREET, < Business Telephone: (b51 H'Jf!J - 3033 in the City ofCenterville, Anoka County, Minnesota for the term of one (1) ar beginning with the 1st day of January, 2003, subject to the laws of the State of Minnesota and the ordinances and regulations of said Uty ofCenterville pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tax Clearance Information, then sign below. /0 ;j/oJ.. 1?1~9 (] ~ Signature R\C~Ml It~" Fae Name (Print) Date: FOR OFFICE USE ONLY (Do not write below this line) Report by Police Department This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any . lation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco ated devL?r an ,fe ! y . . th ten years. Signature Title OklV>e ;- N " [ >- '"d '"d ~ ~ (fQ 0' :-! Z r< :u ~. ---- 0 - " '" :0; o:::! ~ ;;- J' T 1'. '" , + .'1' s: (' ::s <;: l/', V\ "" "'" ~ e-J o cr" B " o D- en to Z '" " S - " en ;< " S" " - en >- " - en "'- p.. en ." ~ N en ~" en '"d \"', ~ i0 $' S;J"-.. - +- C() ~ ~ CO( ~ ? S ~ 4 'L '" ':;;:, , "'" ~ V ::r:> '" ~ I.f\ '" C'7 . " '" -+- S- or' vj \\ '" V) C- <::, cr- VI ()(> ~ :;u " ..0 " ::;" " p.. 0' " - ::r " 0' ~ 0" :'! S" ~ . en o " o ~~ ~ ('ll "c,..c B = ::r .... '"d""i '" ('ll S~ "I-< ." == " 8 B ~ g::r""i " 0 ~ e..S. po ",~ ::l" .... .......,,""1 ~. gCDO "'" == d " en ::r - "'0 ~ ~"(fQ ~ " ""i " g RoO:; "" ~ ~ S ~ o ~ ~ H, '" "'" v, (fQ ".. ';:f:.(D~ ~l-tc S" = " == ~~ ~(j ;:;,=- &('ll " ~ '"d~ d ~ e" en " en gj p.. 0' " 2 '"d " " en o ~ :'! ::r o o :'! ~ o " NOTIFICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: I. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City of Centerville. 2. You are not legally obligated to supply the requested information. 3. The known consequence of supplying the requested information is that the information of further investigation could disclose information which could canse your application to be denied. . . 4. The known consequence of refusing to supply the requested information is that YOUT request for a license cannot be processed. 5. A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal information will be considered falsification of rhe application and may be used as grounds for the denial of the application. 6. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. 7. The City is required by law to furnish some of the information to the Department of Labor awl Industry and the Minnesota Commissioner of Revenue. 8. During the application process, your name and address may be released to the public. If the license is granted, all the data supplied will be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and "M':~: :,"""'" of'''' ,"ice ""d h~ Nce1j 22/j"f: Date Signature CERTIFICATE OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements ofMSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. This information will be collected by the City and retained in the files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the Drpartment of Labor and Industry. Insurance Company Name: (NOT the insurance agent) f,6-kJ~v AclIAI~\\.+f~b, I Policy Number: L.LIS Q;}3i'~ UJ.g :r B /dd Dates of Coverage: [\ U,~( .9- CJ I TO De" oj OJ .< (OR) I am not required to have workers' compensation liability coverage because: D I have no employees D I am self-insured (include permit to self-insure) D I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children and certain farm employees) I certifY that the information provided above is accurate and complete and that a valid workers' compensation policy will be kept in effect at all times as required by law. Name: Q;c~(.v-J All..." b~~o€- [First ] [Middle] [Last] Name of Business: (v'",t-e.rLJc;,..\<.) /Sec,"!" club Business Address: 7,)':51 /11."'1.. st fHY [State] S5G)'$~ [Zip] Business Phone: Ce!lt~V,\[t [City] (~51) YJ~ 303 J V~~U fJ 0 Signature /jj/o.J. Date CERTIFICATE OF COMPLIANCE DEPARTMENT OF REVENUE PursilllIlt to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and the social security number of each license applicant (person sil!niUl! the application). Under the Minnesota Government Data Practices Act and the Federai Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal, or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; , 2. Upon receiving this information, the license authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of fuformation Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your license issuance. Please supply the following information and return along with your application: TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: L/q~'or / < PERSONAL INFORMATION: Applicant's Name: R \ ,Jw J ,(.). . J)/F"e Applicant's Address: ])&5 (Y;c"ft Sf (.ek~(['v,l4: [City] MI/ [State] .5'503 '3 [Zip] Social Security Number: , Y77- 70- 0950 BUSINESS INFORMATION: Business Name: ~ ;~~) ~ h~ J:u{ ;;;,., f. Inc. Dg 11 t~/,,-If.!ti<'c~Jt.\ f c",L cL~ Business Address: 7d1l'/ (17", I" :'1. Ce'1+erc"i lie [City] /J?/I/ [State] O'lSyn 5'1-/6<;/<"5:<5 5';03'ii [Zip] Minnesota Tax Identification Number: Federal Tax Identification Number: If a Minnesota Tax Identification Number is not, re u' ed, ~),!astJexplain on /tJ;; ;bJ clJ IJ. Date Signature and Position (Officer, Owner, Partner) verse side. TAX CLEARANCE INFORMATION TO LICENSE APPLICANT: Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota COnmllssioner of Revenue your Minnesota Business Tax Identification Number and social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use ofthis information: 1. This informatiou may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service. 3. Failure to supply this inform"tion may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. L I'? t..Jf'l; / LICENSING AUTHORITY: LICENSE TYPE: NEW [ ] RENEWAL [X] City of Centerville LICENSE RENEWAL DATE: J /;/03 < BUSINESS INFORMATION: Business Name: Business Address: [City] [State] [Zip] Business Telephoue Nuanber: List of Officers or Partners (full name, title, and social security number): Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: Full Name: Title: Social Security Nuanber: Full Name: Title: Social Security Number: IF A CORPORATION: Corporation Name: Q'\C ~<vJ (1)< h,.e G..,.j. .t~(, db. ir.-.;,-I,rtJ:/rt.S ee<< /.., C/~b Business Address: '7"lg I (11",;., Sf ('~" fe'vllle IJ1 /1/ 5-5 0 Yii Incorporation Date: /95'0 List of Directors: List of Stockholders: (!.;ckwcJ fI-, D~ ~(.)e PERSONAL INFORMATION (if sole proprietor): Applicant's Name: P.'IC~':V,/ /i, bf ~'e (hcA;1l S1, 7,.,1(0 ') (.ef)+erv~IG [City] ( b51) 7taJ. -' '359"! '/77 - )0 - 6 9sc) M/~! [State] 5'503'6 [Zip] Applicant's Address: Home Telephone Number: Social Security Number: ALL APPLICANTS: List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made and describe their interest in detail below. 0( Addresses: Assumed or Trade Names, if any: Business Telephone Number: ( Iii)/ ') '1.1").. 303 's Home Telephone Number: (/;,''51) )f.,j - ~')'1q Has any person named in the application ever been convicted ofa felony? 0 Yes [i{] No If yes, set forth the offense, date, county and stated of conviction: Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager will not violate any city or state laws_ Minnesota Tax Identification Number: /Jnyn Federal Tax Identification Number: I..t 1- 1t.'i?3 ')25 De ~oe Date: G.~.ie'.n' Lprv'; rl-e "'.. '-''-' t-vl- ;if 'Estamisfi"d 1S.51 City of Centerville Best Practices Application Business Address: /',.J i4-T't.(Li..0C (L~ '7 l.J.- 1\ l V~li4H0 Jr, Business Phone: ;:.5./ - P"/J - 50 :n All owners and operating managers please sign, date, and provide a home ..~ne,or.. ot~.E eJ reliablrQ,ntact number.. . j \ C-!vuGY [L if-tr<- / () It! Iv L b' ';n -;15 1- (J 53 c( Signature Date Phone < Signature Date Phone Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Licensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. Date Phone 11'1/09<'21il02 09:34 PAULET/SLATER 7 4298629 NO 833 [;l001 ACORD" CERTIFICATE OF LIABILITY INSURANCE I. DATE {lMM'DDfY11 10/01/2002 ...,oue"" (651)644-0311 FAX (651)641-1911 lHlS GliRTlFI!:,.AJE IS I'3SUED p:; A.~IA1'TER OF INfORMAnON Paul.tjslat"r. InC. ON~ Y AND CONFERS NO RIGHTS UPON THE C~~ICATli HO~DER. THIS C:~RT1FICAn: DO!S NOT IlIIIEND. Tf;ND OR 2610 University Ave., 1200 PJ.. TER THE COIlEIWlE APPORDEO BY TliE POUlllES ile~ow. St. Paul. MN 55114 I INSUflERS APPORDiliO COVERAGE . , 'NSU.'" Waterworks B""~1l ClUD. InC. ~Rk Llcyds of LondoJl I Richard A Defoe EnterprisaI, Inc. lN$URP.e: , 7211 Hii n Strut INSUFER C: I CllIltervillol, MN 5S03S INSUMiR D: I , JISlJAeAE: I COVERAGES I THE pouaes 01' INSURANOE LIS'dl saow ><Ave lIiN Issueo TO TIle fNSu~eo NAM!O Aeove FOR THE PO.'CY P5PJOO INCICAT"". N~1WITHSTANOlNG ANY REQUIREMeNT. TERM OR CONCITlON OF ANY CONTRACT O~ OTHER COCUMENT WITH RESP&cr TO WHICH THI. CliRTIF~Te MAY eE I.SlJIlO OR , MAY PE:.R.TAlN. THE INSlJAANCE AFFORDED ilY THe POUCll!!$ oeSCRfe!O He:m:IN 1$ SUB.JEC7' TO ALL THS TERMS, EXCL.USJONIS NolO CONDITIONS OF SUCH POLICIES M:3iU1GATE lIMlrs SHOWN MAY H~ve BEeN ~~OUCEO IV PAID CLAIMS. I ,~~ TVPIOI'lNSUIt.AHC! POUCYNUtee't POLICY iCTIVE ~ ~TS ~EJW. LIA!lUTY EACH OCCUM&NC!! I $ J COMM!RCIAL.~i"IABIU"N J:IRliiCAMAGE(AnyetllOf1i'l11) S --II;:I,AIWSMAtlIii 0 OCCUR M!DEXP(AtII10neDClW'll! S Pl!MONAl II fiJ:N INJuA'Y! . GeNEAAL AQQllEGp.,~ I $ pRQOueTS. CO'.FfOP ~li S I f- ~'l,AGQre~LlMtl~PIiR: 11"O\'lcv! \~ I JLOC ~OMOlll.iLJABlU'!'" _ M/V AUTO _ Al.L owNf'C AUTOS ._ !CHigULEC AUTO; _ H~AUTOi _ NON'()w~S] AUTOS - , COfo,lIitNEO Sr.l~ UMrr (Eaac;ld.entj . 9OOIL..,. INJUpty (p1I';ttl'Wb^) , , o:noliR , 1L1quor L ,;ability A ENL OF U~106& I I 01/01/ZOOJ II, < ""PERTY ""- I' i. I""'''''''') AllTOONLY.Ip.ACC:~ S EA..{.cC s ..... . I . j . , . I , , . ~1~R' EJ.. E1CH AeCtDENT I & EL D15EASi. EP. ~PL~f11 , !e:.L..Cll$l!Me-~L,Mrrl$ 01/01/Z004 I Ea occur","ce Sloo.ooo i polIcy Agg1-1:e $300.000 SQCILV I'4JUrtV CP..~) ~ILlA8IUT'Y -j""'AlITO OTHOR",^" AUTO O~LY! I!XC~ u,tB1UTY t~rOCC\JR 0 CUOMS """. hcl!DUCTI~ HFtETl!Ntlor. . womP.l COJ.tlllNUnoN ANI) EMPLOYIiRS' UAILJTY E.ACtl OeeUMEHCE AG~GATI L..~R1Pl1OW OF OP~TIONM.~ATIClNSfV1t-lIC~C1,.ue10NS MDED B'I' ;NDDIt!IIM&HT/.SPECW.Ii'~V1$ONS ..rov1 des Evi cIeIIce Of Innran~ol City of CclIterv111e 1UO Main St.....t Centerville. MN 55038 CANCI~~nON Sl40ULD Nrt OF Ttii ABOYf: ~.serdRD ~OUCllS BIii CANCELLC lliFCRE~ I E.'(pRATDf DATI T"IMOF, THli ISIIJlNQ CQWANY WILt. ENDEAVOR TO MAM. -L DAYS WNTTEN NC'TICI TOTHE CD1VICAT! HO~ IiAIIC) TO Tlii~, lIlT FAlI"l,lRIIi TO M,A.lL.SUCH NOTICI! 5tiA/"L IIF'OMI<<J ~TION OR IJADIIJ'TY ~1.PON'TH!COM~A.IIlY'ITSAGEN130RRI"'RE~ATIVffi. . .......""'......... ,~ , , ~I ..n~A ( ".ri".':d..l:l" , V ~ 110 CORPORATION .s.. Q;RTIf'ICATJ: HOl.OER. I l,.,DDITlQNALIHS\,IRliO; INSU~L.ETTER! ACORD25-li (7/97] FAX: (651)429-&629 RICHARDA.DEFOE ENTERPRISES, INC. OBi< WATERWORKS BEACH CLUB . 7281 MAIN ST. CENTERVILLE,MN 55038 PH. 65H29.3033 PAY TO THE. ORDER OF w' CITY OF CENTERVllLE NORTH AMERICAN BANKING COMPANY ROSEVILLE, MN 55113 75-1693-960 10/14/2002 $ **4,179.00 ,....:- ..:.....'.-.:. Four Thous~dO'ne Hundred Seventy-Nine arid 0011 00* * ** "'* *** *** * ** * * ** '" *"'**'" ** * * * **** *** ** * * '" * ** **:1< ** *** ** *"'* ****** CITY OF CENTERVlLLE 1880 MAIN ST CENTERVllLE, MN 55038 MEMO 2003 license ~ ~ ---_.- ~800 ~:\ ~ :\11' 11'000 ~ 28 21.11' 1:0'11;0 ~I;[BOI: ~~'=='''''=.7"7:'- .~:.-~ > '" '" o "' -"' ~ "- ~-5r;:; N ~iilm~ t~ ~ s= Cm ~ '-,...,..-c:N '~I~~a ~ !,:$' ~ ~ t; ~ -!-).1i:'1 c"J """:0, o o '" ... '" .. u.. o o w > u:; () w 0.: o .E ,; . 1 18 ~ -I 18 .E: m z o t5 ::2: <i .s Ji 111 ~ I TI to ~i (21 ~ 01 ~I ~I ~! ! . ~ c o 1ii o g. ~ . . Iii ~ .. ::;il~ C:: 0: Q) o ::; 1U w..,:3' s o " .;;: I I I . u I ill i I I I I II I 'I , II II ! I I I I I I I I I III < 12824 t DOLLARS '" !i ... ll< /::l .s '< >- OJ N o o N '" . .c 1l o 0') <0 m c- ~ ~ 1"- .(ii " '" ~ (j Minnesota Department of Public Safety Alcohol and Gamhling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979' ITY 651-282-6555' Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE Nolicehse will.bd ~ppr()v~orrei~lised,'untiHhe '$20'RetallerID.Cardfee is ~eived.by Mt-i. LiquOr Control Licensee: Please verify your license infonnation contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal witb completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required hy M.S. 340A.404 S. 3 to report any license cancellation. License Code 0<='3' License Period Ending j PI"' j I POOP ID# City/County where license approvedCent erv i 11 e 2439 Licensee Name SaHawl< Inc. Trade Name Sager's Liquor Licensed Location address 7093 20th Ave S City, State, Zip Code Centervi lIe, MN 55038 Business Phone 651/426-6674 LICENSE FEES: Off Sale $100. 00 On Sale $ 0.00 Sunday $ 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further infonnation needed to complete this renewal. ADolicant's silmature on this renewal confirms the followin2: Failure to reDort any of the followin2 will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details ou back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issned. $100,000 in cash or securities or $100,000 surety hond may he suhmitted in lieu of liquor Iiahility. Date e correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statenocalliquor law violations (criminal/civil). Report violations on back, then sign here. Date PS 9093-98 ~ Indicate below cbanees of corporate officers. partners. bome addresses or telephone numbers: Indicate below anv interest whatsoever. directlv or indirectlv in other liquor establishments: 5.t!HAw.r~ Of /-JuMJ, -]fiiC. 0 o.454heAd /;CIVO/ / ya vi ~.~ / /) iJ ',1, ( V/f,J0/lt.) J!t V!.7,^ ~ Renort below details of liouor law violations (civil or criminal) that have occurred within the last live years. lDates. offenses. lines or other nenalties. includine Lionor Control Penalties): trfdiJ 1-j6.~()!J NftV/5I1 I!UCi-iJL 10 /l1;/1/[)Jf < Renort below details involvim! an" license reiredions or revocations: Citv/Countv Comments: "ifJjitervi[{e 1880 :Main Street () Centeroi[[e,:M'/I[ 55038 (651) 429-3232 ":Fa?((651) 429-8629 ':.::..,.......c,'.-../ . . F.~ 'Esta6[isfied 11357 STATE OF MINNESOTA OTY OF CENTERVILLE COUNTY OF ANOKA Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL The undersigned, residing at 91<;,5 i.s 7 () ,<;y, fl/ in the City of jf uho I in the County of j4/A.5i1"'ld1hl ,State of Minnesota, Residence Telephone: CbS)) ~/tJ7- 7)01 HEREBY MAKES APPLICATION FOR LICENSE to be issued to TERRY SAGER, SAHAWK INC. DBA SAGER'S LIQUOR, to sell tobacco products at retail at 7093 20TH AVENUE SOUTH, Business Telephone: C/61 )3df-- MnL in the City of Centerville, Anoka County, Minnesota for the term of one (1) year beginning with the 1st doy vf January, 2003 , subject to the Jaws of the State of Minnesota and the ordinances and regulations of said City of Centerville pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 months, complete in its entirety the attached Tux Oearance Information, then sign below. Date: JO-tf-().t :i: 1~ Si e / 1/1j/24,oJ{ [ J. ,'246l'"R' Name (print) FOR OFFICE USE ONLY (Do not write below tbis line) Report by Police Department This is to certifY that the applicant and the associates, named herein have not been convicted within the past five years of any v'-lation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco ed devices, or any felony within the last ten years. Signature Title NOTIFICATION FOR LICENSE INVOL VING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) . In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: 1. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City of Centerville. 2, You are not legally obligated to supply the requested information. 3. The knO'\VIl consequence of supplywg the requested information is that the information of further mvestigation could disclose information which could canse your application to be denied. < " 4. The known consequence of refusing to supply the requested information is that your request for a license cannot be processed. 5. A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal infonnation will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Other governmental agencies necessary to process your application are authorized by law to receive the information provided. 7_ The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Conunissioner of Revenue. 8. During the application process, your name and address may be released to the public_ If the license is granted, all the data supplied will be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and understood the contents of this notice and has received a copy of this notice. /0- '/-(}). ~11ju Signa e / .~ Date CERTIFICATE OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements of MSS Chapter 176. The information required is; the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. This information will be collected by the City and retained in the files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicantby the Commissioner of the D~partment of Labor and Industry. Insurance Company Name: iliOT the insurance agent) Policy Number: Dates of Coverage: TO . < (OR) I am not required to have workers' compensation liability coverage because: o I have no employees o I am self-insured (include permit to self-insure) o I have no employees who are covered by the workers' compensation law (these include; spouse, parents, children and certain farm employees) I certify that the information provided above is accurate and complete and that a valid workers' compensation policy will be kept in effect at all times as required by law. Name; ~li'llAtJCt [First] =3AJJ1(S [Middle] SAUl?') .b{Jv'C!1? 7013 .')O''OJ flvf. s: . ~<;AM4 [Last] Name of Business: Business Address: &/1/{/;lfvJtt ( [City] 1'Jp/, [State] ,<(,{03fJ [Zip] Business Phone; JIJ- //-0') Date CERTIFICATE OF COMPLIANCE DEPARTMENT OF REVENUE Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to provide to the Minnesota Connnissioner of Revenue your Minnesota Business Tax Identification Number and the social security number of each license avvlicant (verson sil!ninl! the avvlication). Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of/he following regarding the use of/his information: 1. This information may be used to deny the issuance, renewal, or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; 2. Upon receiving this information, the license authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your license issuance. Please supply the following information and return along with your application: < TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: Ofll,SAI f PERSONAL INFORMATION: .< Applicant's Name: 1t/?/(AAJ( L JA;1,1[S SAtu{;(l . '1'/1.5 J. 17m 5-( Ill. jJJJhO ,PJ;V. [City] [State] ,/7/- 9:) - liS 7 ,)"5038' [Zip] Applicant's Address: Social Security Number: BUSINESS INFORMATION: Business Name: YJI:JU:S ,/; lVI/oR 7093J1J 1J; /fJJf. 50, [f;V!,iflhW [ ;JI);IJ, [City] [State] , f5l{ f6 [Zip] Business Address: Minnesota Tax Identification Number: . ?)3 79'/~ . t//- J9{} 798'3 Federal Tax Identification Number: If a Minnesota Tax Identification Number is not required, please expl in on the reverse side. ,/ /o~l.lOJ Date (Officer, Owner, Partner) TAX CLEARANCE INFORMATION TO LICENSE APPLICANT: Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service. 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renetval application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE TYPE: f)f/- )A{,[ NEW [ ] RENEWAL [)(] LICENSING AUTHORlTY: City of Centerville LICENSE RENEWAL DATE: {-I- 03 . < BUSINESS INFORMATION: Business Name: SA &6/.5 ); ova / Business Address: 7093 )t;11J fidE. So, (J,u f;; 12 ;) IU [ [City] p/4J. [State] ~(S.o3g [Zip] Business Telephone Number: t/i)~ '-/)6' 6671 List of Officers or Partners (full name, title, and social security number): Full Name: 1t1fl?-1Ml 1/;11[5 \ <).1f6E/! Title: PR'i ') ) f)'j ,J-{ , Social Security Number: L}j) ~ 9J-/65 7 Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: IF A CORPORATION: . SA Uqw~ :(fi/( 7073 ;}tJ13 AlL s;:" I dba ,)A6h.;l5 )/t:tJtJ/ IfAJi(l?l/)I-Lf. '11.J. SSi'!3g - Corporation Name: Business Address: Incorporation Date: S /6- 9$? List of Directors: List of Stockholders: PERSONAL INFORMATION (if sole proprietor): Applicant's Name: Applicant's Address: [City] [State] [Zip] Home Telephone Number: Social Security Number: ALL APPLICANTS: List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made and describe their interest in detail below. ,<( Addresses: Assumed or Trade Names, if any: Business Telephone Number: Home Telephone Number: Has any person named in the application ever been convicted of a felony? 0 Yes ~ No If yes, set forth the offense, date, county and stated of conviction: Applicant agrees that any manager employed in the licensed prentises will have all qualifications of a licensee and that the manager will not violate any city or state laws. Minnesota Tax Identification Number: .57379'1) '1/ - JfO 71<63 \ Federal Tax Identification Number: If a Minnesota Tax Identification N rrv is not required, please explain on the reverse side. Signatme: ../. 4~ Position (Office, ~artner, etc.): Ai)JO[,v~ printName:-1f/l(t4,vl'i '-:!1fflf ~'f Date Jfl::.'1-iJ) L , . ;\ ~ "- ~ ~ ~ } ~ ~ z r Z' " o ..., K >-3 o cr" "' '" '" o n C/O to Z ~ '" " ~ ~, '" >0 ~ " 5' >0 :< ~ ~ q C/O " ~ '" ~ ~ " "' (JQ ~ p.. 0' ." ..., N " '" C1 ~, ~ ~ ~\ "'\ ~ c.:, 0(\. ~ 10 " ..c " ::;' " p.. '=" o ..., S' " ~ - o '" S' Q'l '" o '" o ~ ~ ~ ~ ." ,.Q "' = '" .... P"'"'l ":I ~ !'1.Q.. " 2j ~ . = '" ~O ..., o '" "P"'"'l [ffie "''''~ ~ ~ ~ _.... ... g (0 0 ~ fS = " P" ~ ~ ~ 5'~ '"'l " g ~ 0 = "..., ~ ~ ::; ~ o gj l:l';" H, '" """ v, (JQ III'" ::!,:" '"'l ~~o 5' = '" = [Q.. '{';(j g.,::r S'~ " ~ ~l:l';" " rJ> ::; ~, on " on ~ P- O' ..., ~ ":I " ..., on o " ~ o o '" " o ..., (jktenniU 'Estabfisfi.ed1i!S7 City of Centerville Best Practices Application Business Address: 5A/-'~;?~lilJtJI!. 7f}9J JtJ:!Y ~v( 5;;. ~#7~Rv~t~ .~-~, SSoJ~ Business Phone: ,is; / Ij Jb /bJ );/ All owners and operating managers please sign, date, and provide a home Pho~r othe eliable contact number. L~i/j gnat e < Signature Date Phone Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Licensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. Date Phone 10/16/2002 14:18 PRULET/SLRTER ~ 4298629 NO 038 [;:002 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (UMfOIllVYl 10/10/2002 ,"o.ve.. (651)644-0311 FAX (651)641-8981 THIS CERTIFICAT! IS ISSUocllS A MATT!;R OF_IN!ORMAJlON Paul lIt/Slater, Inc:. ONLY AND CONF!;RS NO RIGHTS UPON THE CE~F1CAT1! HOLe~R. TillS CERTIFICATE DOES NOT AMEND. EJCleND OR 2610 un1wrs1t)' Ave. , '200 !II. TER THE COVERAGE >>PORDEe BY THE POL IEll OlELOW. St. Palll, MN 55114 IN9URERll AFFORDING COVEJGE I INSUReD :.anawk I .me. lNtuRER: k. 5t. Paul Fire" Martne I DBA Sager's Liquor IN5UI\fR.1J: Berkley AdMinistrators 7093 20th Avenue South lKSulUiRC; , Centerv;lle, MN 55031-0000 lNiUFl:ERO: I INSURER Ii' I COVERAGES THE POUCIES OF !NSU_C~ USTEO BELOW HAVE BEEN ISSUED TO T1<E INSURIiD NAMEDABOv. FOIl THE PeLICY P~RlOD INDICA~D. NPTWITH$TANDING ,,^,y R~QlRR~MEN1. T~M OR CGNDI1'ION OF ANY CCNTAACT OR OTMER COCUMENT WITH RESPECTTOWHICM TMIS C~RTI'lCATE MAY BE ISSUED OR MAY P~~TI>JN. TME INSUAANCE AFFORDED BY T>lE POLICies DESCRIBED M~ IS SUBJ~CT TO ALL lHETERMS. exOLUSIDNSAND CONDiTIONS OF SUCM PDUC1E:S. AGGR.EGATE LIMITS SHOWN ~.AY toIAVE SE5N REDUceo BY PAID CLAlNS. ! T'i1"1I CPINSURANae FCLIC'y' I4l.!MBER ( DATE 8,ilCY ~ "........ L""1L1N L OF SK010 2062 01/01 01/Ul/2004 OACH oceo""""'" I . X COt.CdERCtAL Gl!NiAAl. UA5lUTY FIR! DAMAGE (AMy Ol'le fi,..) $ Cl.AIM1l MAD! [!] OCCUR MEO iXP (Anyone pernjJ'lyj 5 P!ASO~ 4. ArJV INJURyl s ~1.A~':'si s PAOOlJCl"$. CCMIi','01" AOO , A 1 2DO 20000 cOU!\NEC SltoGl1i LIMIT \ (Eaat:Cdentl j ~OIL Y ll'UURY (~persal'l) . ........1JAOIIJIY >>lv....uTC eocaVN,JUiff (F'Maccld'lMl) . PROFeRT'( OANAGli (Perii!lecicent) , 1XC:IUUADILJ'TY I I OCCl.iR 0 CLAlM$I.~1! OiDUC"tl~Ui fIlll'!NTiON $ WQR.KfRS COwlNSATlOH ~ IMPLOVERI'l.lAItl.JTY OTI1IR l'HAN AlJTCONLY: EACI-I OCCURAENCEi AQQfte.C:A,-e: . , , , . 20422701400 02 /2002 02/08/2003 A -, '1"0 LiMITS I '.L. ...". ACc.oeNT , 100, 00 5.L DISeASE. riA nPLd s 100 !,l, l)ISliiMlE - i>OUCV U~IT .s 500.00 CSL - 1,000,000 Tota' linrit - $2,000,000 I B 'i=r Liability A eNL OF IKGl 32062 o RIP11~ Of "PIRATIONSILOCA'I"IONSNEHlCL.iSlUCI.lJSON$ ADDeD BY'!:NDCftSEMINTISPEQAL pROVJ8IONi Sale L'quar CIlRllFlCATI! HOUl~R ~mOMN. mauM.D; IJalUI'tU l..!"/"fEFlI CANCELLAnON Sl'K:iU~ ~y 0" THI A8QYE DESC:RC..,e POUClii ", ~L.L.EO EI~RE THE I EXPlRAl'ION OAT! THIIUOI=, THE lS$IJINQ COMPANY WlL.L.t~IiAVClt TO MAIl. -12-OAV$W1UTTEiN NOTICE TO Tri,C8mPIC.A1"t HO It NAMUI TO THE l.iFT, BUT FAlLuRl TO IdAZL $VCH N01XZ StlAU.lMPOI!IE HO CI ATION OR UUl1TY I OF C UfObtTHriCOMPAN"f,rrsAGENTS OR RfPR&:$fNTATIVQ. J.UT ~ ~TJillN''i I - I RPORA 19l1S C;ty of Cantervill. 1880 Main St~let Oonterville, MN 55038 ACORO (7/91) ." o 8 i rl ~I o -. .. o ..ll .... ..ll o [J":l OJ U-J OJ .. U-J o .... "'1\- ~I ~"~ ~~ !, ~ I I ! I I I I~ ~ ~, ~r., ~ K: ;~: .~ ~~ Jf '" o r '" " '" :.,,"%4 o CJl m ~ ~-.,jC> ~gm "''''::0 rl\) .. Fii~(J) - I "''''' "''''- me> 8looc B 0 '" ::0 tervi{{e 'Estafj[!sfied" 1857 1880 Main Street CentervHle, Minnesota 55038 (651) 429-3232 " ::, m I RECEIVED OF Saaer's Liauor $170_00 FOR: Liquor License Renewal Ck# 4600 Account Code Amount < < BY Kris Sweeney October 16, 2002 ~ m J, 2l , " JJ Receipt # 7972 Minnesota Department of Public Safety Alcohol and Gamhling Enforcement 444 Cedar Street. Suite 133 St. Paul. MN 55101-5133 651-296-6979' TrY 651-282-6555' Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE , .. .:.,..,....,.-...",..,,'.,.....,.. .... ..:..... ......,.....,..'::.,:...:,..:.,... .:....: '.',.,....:.....:......,,'.:::... i<loJi.ceJls~'\Viltbe ~pprove.d ~ teleasedun~ the $20 R.et3:i1er ID;~feeis'rec~ivedby. MNEiquorConttOl Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. Cily Clerk/Counly Auditor are also required hy M.S. 340A.404 S. 3 to report any license cancellation. License Code rM1'\!': License Period Ending 12/31/20021D# City/County where license approvedCent erv i 11 e 1958 Licensee Name Mountain Enterprises Inc. Trade Name T,'io Inn Licensed Location address 7082 Centerville Rd City. State. Zip Code Hugo, MN 55038 Business Phone 551/426-2955 LICENSE FEES: Off Sale $100. 00 On Sale $ 2500.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. ADDlicant's simature on this renewal confirms the followini!: Failure to reoort anv of the foUowinv will result in fines. I. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons. then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100 00 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Date nd license has been approved by city/county.) - (5-- D Licensee Signature (Signature certifies all above information to be correct City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statellocalliquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-98 r Indicate below chan!!es of COrDorate officers. partners. home addresses or teleohone numbers: ,~ Indicate below any interest what_yer. directlv or indirectlv in other liouor establishments: , Report below details of liqul>r law violations (civil or criminal) that have occurred within the last live vears. IDates. offenses. lines or other peualties. includinl! Liouor Control Penalties): /11 ~-& y~/?:~ V~~~'7 f;z ~~e' ~y.,4'l.~ ~A1fA;/l t,--,,~r r~1 7Oc/~~/_~ ~ Is;:tc? ~4~)/ "', ulJ7~ ~, I<Z~.:j} O~~r /<H~if/1,-- I<./~ --- Reoort below details involvin1! any license rejections or revocations: Citv/County Comments: , l,e11Jtervi{{e , /J 'EstaErisfierf 1857 1880 Main Street " Centeroi[[e, 'M'J{ 55038 (651) 429.3232 () 'flli( (651) 429.8629 STATE OF MINNESOTA CITY OF CENTERVILLE COUNTY OF ANOKA Application No. RENEWAL APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AT RETAIL The undersigned, residing at 6S;o ~~ .e;'in the City of ~~ in the County of It,() 6;fA- , State of Minnesota, Residence Telephone: C((57L2~/ 2/ 'I 9 HEREBY , MAKES APPLICATION FOR LICENSE to be issued to f"AUL r,1eI4'f.'.ltl, MOUNTAIN ENTERPRISES, INC. DBA TRIO INN, to sell tobacco products at retail at 7082 CENTERVILLE ROAD, Business- Telephone: ( I" \i) 1Jt,/ - )J '11 in the City of Centerville, Anoka County, Minnesota for the term of one (1) year beginning with the 1St day of January, 2003, subject to the laws of the State of Minnesota and the ordinances and regulations of said City ofCenterville pertaining thereto, and herewith deposit $75.00 in payment of the fee therefore. By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, or partners. If changes have occurred during the past 12 nwnths, complete in its entirety the attached Tax Clearance Information, then sign below. Date: e c:t IS, ;}DD:J '~qd-: 4 Signatu5-; / T/lUL.. /l70/i/7/1/rJ Name (print) FOR OFFICE USE ONLY (Do not write below this line) Report by Police Department This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any . . lation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco led devices, or any felony within the last ten years. Signature Title NOTIFICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is classified as private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: , I. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City of Centerville. if!. ~) You are not legally obligated to supply the requested information. 3. The known consequence of supplying the requested information is that the information of further investigation could disclose information which could cause your application to be denied. .< < 4. The known consequence of refusing to supply the requested information is that your request for a license cannot be processed. 5. A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal information will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Other govenunental agencies necessary to process your application are authorized by law to receive the information provided. 7. The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Commissioner of Revenue. 8. During the application process, your name and address may be released to the public. If the license is granted, all the data supplied will be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has read and understood the contents of this notice and has received a copy of this notice. If) - /5'- Od Dat~ . ~~ Nh4 SIgnature CERTIFICATE OF COMPLIANCE DEPARTMENT OF REVENUE Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and the social security number of each license aPDlicant (Derson sil!ninl! the application). Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: I. This information may be used to deny the issuance, renewal, or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; 2. Upon receiving this information, the license authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; 3. Failure to supply this information may jeopardize or delay the processing of your license issuance. Please supply the following information and return along with your ppplication: ~~~ . < TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: PERSONAL INFORMATION: Applicant's Name: fAu'A. 6S/f) . ~~j, 4 ~) ~ /lI~ [City] [State] /lit) ~ U/N Applicant's Address: Social Securizv Number: , ::;3-03 yI [Zip] Lj 75- ~c,. 7/'10 BUSINESS INFORMATION: Business Name: tftfr~ ~;w ,he /Ji>#lhv Business Address: 72) 55 1 Ce-,,-:&;--,.,A i?jJ ~ /J/U 5So~1 [City] [State] [Zip] Minnesota Tax Identification Number: -Sf.' bJ. ').../ >?' Federal Tax Identification Number: L( (- f -5 ~--cr 'Cfj .If a Minnesota Tax Identification Number is not required, I ase explain on the reverse side. I f) -(~ . 0 d-- I Date TAX CLEARANCE INFORMATION TO LICENSE APPLICANT: Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and social security number of each license applicant. Under the Minnesota Govermnent Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service. 3. Failure to supply this inform~tion may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. LICENSE TYPE: ~ /k NEW [ ] RENEWAL 0 LICENSING AUTHORIT: Ci~ ofCenterville LICENSE RENEWAL DATE: -=r~ / J Do:] .< Business Address: BUSINESS INFORMATION: ,fllOf'.vlV MIA) 0h'f'A.lA.+, ~ 70 )? ,,2 U-?' --:::tt:, - A' ~ 4f ~~1~ ~~ Business Name: [City] [State] 0,::;/- 0~/- :2JY9 , / ;fIV . SVJ ?YJ [Zip] ~ Business Telephone NllIIlber: List of Officers or Partners (full name, title, and SOCIal security n~: Full Name: ~ t,/ -< ./lIO ,tl)--t'/7 I Title: -T-A-e..o Social Security Number: !j ?.s-=- 0b - 7/90 Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: IF A CORPORATION: Corporation Name: jl{~ ~ h. dba IJjJA /7?120 h", Business Address: 1V 8';;< ~~ ~ 0 (' >7A170:-..xfk /It! (j ct-A)u], )iY Incorporation Date: -r~ 'tf, / 73:",~,p /?;(~,' List of Directors: List of Stockholders: ;I},,~J/ /ZI-d:;. PERSONAL INFORMATION (if sole proprietor): Applicant's Name: Applicant's Address: [City] [State] [Zip] Home Telephone Number: Social Security Number: ALL APPLICANTS: List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business ~~I~:cond~e~ ~e, license fO:':;; this application is made and de}sCribe their interest in de~ail --~ f//(f)/V//f);{ , Addresses C-~/D ~4 ;~14 . /~.I;l)f) ~<./fJfES /l!jfI) ~5F Assumed or Trade Names, if any: Business Telephone Numbert.z57 - 9)t,) '1sbHome Telephone Number: 0 s; - c;:,SJ- 0 !5)' Has any person named in the application ever been convicted ofa felony? 0 Yes ')( No If yes, set forth the offense, date, county and stated of conviction: Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager will not violate any city or state laws. 30 G,2 ,:;;)9 4 ( ~ ! c;Sj t 9; Minnesota Tax Identification Number: Federal Tax Identification Number:. If a Minnesota Tax Identification Number is not required, please explain on the reverse side. Signature: Position (Office, Partner, etc.): Print Name: Date: > ~ ~ t .VJ ~ ->.,j e><::L ~ (") w to ~, ~ Z '1:l ~ '" '" q :;<: eo '" S eo 5' lZl ~ P ~ ;J> eo ~ "" '" 0' ~ p.. '" ~eo p.. ;: N '" ~, ~ '1:l '" ~ .r-< ~- o '" A >-j o 0' i'3 " o '" o " o ~~ ,,~ ("D eo..c i'3 = 0' ..... '1:l '"'l ~ (l) s;:l.. f';i-\ ~ =: " o i'3 ~ PO'- \ ~ 0 ..,: ... \ g. t:l1 ::; ~'-~ ~ ;,r~ - '" " .... ~p-'~ ~ s~ ~ ~~~; ~ "'5 ~ ~ ~~~ ,0 "" IJtI c"' (1l ~ ~ ~5'g ~ g.=: ~;:l.. "" eo('j 8,=- SO(l) eo r:> >g:;;- 8 fI1 :;;- eo '" ~ ~ ~ ~ t ~ i'Ci eo ..0 " ::;- eo 0.. 0' '" so eo 2: ~ 5' f!9 g; p.. 0' '" '" ::::: '1:l eo '" '" o i:l "'i 0' o o "'i i:l o '" CERTIFICATE OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and tocallicensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements ofMSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. This information will be collected by the City and retained in the files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner ofthe D~partment of Labor and Industry. Insurance Company Name: mOT the insurance agent) (}.u7;qp {iu /tJ..... Policy Number: ()1, 9--1/D 3f v , ~ I U') TO tl-c-3/ 03 , < Dates of Coverage: (OR) I am not required to have workers' compensation liability coverage because: o I have no employees o I am self-insured (include permit to self-insure) o I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children and certain farm employees) I certifY that the information provided above is accurate and complete and that a valid workers' compensation policy will be kept in effect at all times as required by law. ~ [First] L)~ [Middle] 11!~, [Last] Name: ,/ (J~I 6 - 0 @~ Date 1?Z0 ),. "Yl 7Dt J- (p~~4 [City] {f)j- L() 0 - d-7 (.b ~y/?!~~ Signature u~k/ .ff! Jl/ c;5-c 3r [State] [Zip] Name of Business: Business Address: Business Phone: L __ _ (l",ervilk , . '. 'E.:,Tafj[idiea' 185,~ City of Centerville Best Practices Application Business Address: r/20 ~ '7 0 ~ 0) ~;~tltf Business Phone: 6'5/~lj.)t," f2-70, '-:-- ./!Ar hC/-2bl-;J/1 All owners and operating managers please sign, date, and provide a home pho 0 other liable contact number. /0 -;/ -0 OZ Date ~iS/- ;2(,/-;2/ {,I; Phone < Signature Date Phone Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Licensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. Date Phone OCT"la-o: .15,11 1 ""l,,1UJ,lQER I Borns & Wilcox, LTD 60 Pia", 1>I'd. COoSl Suire 210 St.l:'.ul. MN ~51 07 FROHurn& , Wilcox LTD . "-.\:)~.t:lAN(;E"': - -~ .'. -.' "'.. ..... '., ". .'"...."..- .~, . "" -. , . . r" ..~.'.~~ _. "'.' '. ". _ , _ _. ... ,. "' ". . THIS CERTIFICATe IS ISSueD AS A MATT!!!!'! OF INFORMATION ONLy AND CONI'ERS NO RIGHTS UPON THE! CBlTiF1CATE folO~Delt TI/IS CERl1ACAT! 001:5 1II0r AMEND. ExlEND OR , ALTER THe COI/ERAG!! AFFORDED BY THE POLICIes BELOW. I COMPANIES AFFORCING COIlERJlGE N50 F 0011001 H50 OA 1'~ (A4MID0/V'fJ LO/16/2002 'NiWAt" CoM,.AN':" eXct.~SIONS A'I!2.QONO/TIO'lS OF SlJOHPOLICI"S. LIMITS SHOWN MAV HAVE BEEN I'l EOUCED BY 'NO CUlMS, I : , ~ T"fPIIj Ol'll(SllMH=e POI.lC'f MJMSEI:! POlJC'I EFP~VE POucv apIRATlO~_ uwr. I CA'n!~ 0...1': (1of1W00IV'f) l :.tEN~MI. UA,8!.uTV I".-....~Tl; $ . j """"..........NOllAAlLm- J PAOOUC1'B. OQW!/OP AGG. $ ~ I J"-..... """"" I PSRSOI'tAJ,. &. Pel! WUF!Y .t I :""CHOOCURAONC' '$ 1.0-'"""","-'<1'O"'''''''J_ lFlR/! OA/AAGECAnl'~r;fll) l!I.IiO~PEH.ser.tlt1"~9~\M $ I l=rm'iU~= I ! CDMSlNGD SltIiQu;; LIMIT $ < I ANy AT../ro f I I I AlL 0WNiI:;l Al,I10S I I 'OOIl,.'r'IN../UI\'I' $ Ssc><eoul.ED Atrros (li'llI'~) :]J.1JRi,iOlovros I I eoOllY INJlJFW I I I , 1(P;r~UlI' $ I 1 NON.OWNED AUTOS i I '--1 I L '-1 I I."",,!!RTV 0"""". $ ! I I I ~AAAQI5 JJ.u~ I I AurOON y.SA~_,," $ I I I _ MY AIIto I I i OTlolli.R T"i-lAN' ,Il,!.:root&y~ i I eACU ^CCIO~t $. I I I A<.'!:QA;GA1'e ~ I ~;UA'~" I : I~ OCC'UJlt~SNGa $ , ~5GATE It UMMEU.Af:OR~ I Cl'f.f.eR TliAA' l.IP.!1i1RS1..1.A FCAM I $ ....O"/ilIC:iV'!-s OOWilliWAnON.fl.NO : I -.LST^~IOAY lJf,f1TS ~LOV~'s UA81U'N I ~CW ~CEN" [$ ..........1iT0'" 8:NOl. I l;lr~!-PCUCY !..'J.lI'r l!.. JAATN~!WxICUl""t J OIlW.$"""""-.eMWlV,,, '$ 1fF)~ ARE; 1Jxc:.. ''''!II J ! 12131/2002 AGGREGATE LIMIt; $300,000 Q!,,"CRl..J/,jjIUTY CLSOS62591 ~2/3l/:~O03 EACH COMMON CAUSE: $300,000 I I i ~M"'>>N , B I~~ I OOW'AN'f I CO~ANr , I! ~OVEFlAGSS "",.,, ".'... .. -''c:, ....,. ". "'," ..,.....,..... ......<:: ..' :. '..,', '. .:'..':,,; ..... " ........ '''':''-'':>''<:'..;'I:'~:'':'''.''''.',''''''''"""", ", .. .,'. .'.'. '. .:.. THIS IS TO ceFiTiF;- THATTKE ;'ouoI~iioF INSURAi.iCo L1Sre;o iSiiL6WHAvi !..;i;Ss~u.!o T6TH5'iN~U'A5ii l'iAi.,e AsOvi:'FORTH"POL,'CY"FERIOD ' I INDICATED, N0Twr7l1STANOING ANY FeQUI~eNE-"T, ToAM OR CONOITION 01' ANY CONTM::r OR Q7l1EA DOOUMeNTWIl'HR"sPECl' TO INHICH TH.S I CaRTIFICA,S MAY SE ISSU.O O~ MAY PERTAIN, THe; INSURANCE AFFOROEO S'I THE POLJCleS OESCl'llSeD HEREIN IS SUSJoCTTO ALL THE ToRMS, I MOUN'1'AIll ENTtRPR!SES !NC ( DEA: rnIO IlIN, THE 7082 CENTl!RVILtE ROAD C!NTERVILLE, MN 55038 SCOTTSDM.E !:NSUb1>lCE CO!!E'Al;"Y o " ~nON OF OPCillA1'JQNIlII"QCA'l1ON$I\/JloIIQI.ESlSPEClAl..11':MS OCATtON: SAME lFICATI:' HOLOER I1Y OF CENTEItVIl.l.E 380 MAUl STREET 'lITERVILLE. MN 55038 CANCEI.I.ATlON &WOUl.o ANY OF THE Oi!$cRlIe!:: PCL,l<:lE$ fie ~ a!iFoR&" THl!: EXNIA'nC>>4 DA.TE 'THKII!I:0P, '!"He ISSuING eOklt"ANV Wlu. INQEAVOR to ~L , 10 DAYs ~ N<3TICe..TC THl CEATlAOATi iiOL..oGA NAMrm "Q THl!! LEP't'. I .UT ~"'j,.fJ"'~ iO MAIL $UC1oI ~GtlC! 8liAU. IMPOSE NO OBt.lGAnQN OR UQlI.,rry 01< ANY ~NC l.l~ THE C~PANY'. l~ AQQ.frs 0fIl MPPrESiNTAT1V~S. IMlT>I..."....,...SIt<T~ ~. .k.. I jSURNS & INlleO '7 Tt:Vi '~, ''1' ~""""'''''''-lE'r''"OlJJ'I..<:A'''''~'''FEIl ~ is: o ~ .0 S5:; o~ m~ "0 iil5! ~ .... ru LI1 r o "I 1 % ~. 1 ~; C! I, ) I !ij~: ~.. Ita n' ;; ~ 1-2 \- '" ~ o CO z~" O-l;t> ,--mc ;~r- rnF~ - m'" '5:",0 zoz ".-1 g;o~ O"'Z f:i~ 6 '" '" '" ~ ;;j o o ~ 'Esta/J(islie,{ 1857 1880 Main Street Centerville, Minnesota 55038 (651) 429-3232 RECEiVED OF Paul Montain $2,895.00 6510 Centervilfe Road . Uno Lakes. MN 55038 FOR: Liquor License 2000 Ck#4301 I I . I Accl')unt Code ~mount < < BY Kris Sweeney October 16, 2002 ~ ~~ w~ ~~ o~ "' ~ W o ~ Receipt # 1974 ~tp,~~ , . , ~'i",,~ Minnesota Department of Pnblic Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979' TrY 651-282-6555 . Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE ,. No'licensk:'\vilJ~~ppro~cifbr i'e1ea~:;#til'd~~:$20Retaper:ID: CMd ',fee"isrecci~ed 'bYMN:Liqu~Con~l' Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/Connly Anditor are also reqnired by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending 12/31 /2002 ID# City/County where license approvedCent erv i 11 e 6273 Licensee Name Wiseguys Pizza Inc. Trade Name Wiseguys Pizza Licensed Location address 7095 20th Ave S City, State, Zip Code Centervi 11e, MN 55038 Business Phone 651/653-1077 LICENSE FEES: Off Sale $0. 00 On Sale $ 0.00 Sunday $ 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. ApDlicant's sitmature on this renewal confirms the followin2': Failure to reDort anv of the followin2' will result in tines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any cityltownship/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of lhis renewal, then sign below. 5. Licensee confirms that during the past license year, a sununons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or seenrities or $100,000 surety bond may be submitted in lieu of liquor liability,_ ;-r::;. Licensee Signature~ (Signature certifies above information to be correct an Date ense has been approved by city/county.) -0'- City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above,) County Attorney Signature County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statellocalliquor law violations (criminaJfcivil). Report violations on back, then sign here. Date PS 9093-98 Indicate below chanlles of cornorate 'Officers. partners~ home addresses or telephone numbers: /lJ it;.) (( Indicate below any interest whatsoever. directlv or indirectlv in other liquor establishment" . rJ- r- 11/ AI t Rel'ort below details of Iionor law violations (civil or crimina]) that have occurred within the last five vears. !Dates. offenses. fines or other oena/ties. ioclndin!! Lionor Control Penalties): r )i/rl 1IJ b < Rel'ort below details involvin!! any license rejections or revocations: NtJlJe2 Citv/Conntv Comments: NOTIFICATION FOR LICENSE INVOL VING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warning) In connection with your request for a license, the City has asked that you provide information about yourself which is cIassifiedas private, confidential, nonpublic, or protected nonpublic under the Minnesota Government Data Practices Act. This means that this data is not ordinarily available to the general public. Accordingly, the City is required to inform you of the following: 1. The purpose and intended use of the information requested is to determine if you are eligible for a license from the City of Centerville. 2. You are not legally obligated to supply the requested iuformation. 3. The knO\Vll consequence of supplying the requested information is that the information of further investigation could disclose information which could cause your application to be denied. . 4. The known consequence of refusing to supply the requested information is that your request for a license cannot be processed. 5. A criminal charge, arrest, or conviction will not necessarily bar you from obtaining a license with the City, unless the conviction is related to the matter for which the license is sought, according to Minnesota Statute 364.03. However, failure to reveal the requested criminal information will be considered falsification of the application and may be used as grounds for the denial of the application. 6. Other govenunental agencies necessary to process your application are authorized by law to receive the infonnation provided. 7. The City is required by law to furnish some of the information to the Department of Labor and Industry and the Minnesota Commissioner of Revenue. 8. During the application process, your name aud address may be released to the public. If the license is granted, all the data supplied will be available for inspection by the public. The undersigned, by signing this notice, acknowledges that he/she has understood the contents a/this notice and has received a copy a/this notice. 4ff!& read and ja -/7- 0 l- Date CERTIFICATE OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirements ofMSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. This information will be collected by the City and retained in the files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely repotted. Furthermore, if this information is not provided or falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and illdustry. , Insurance Company Name: mOT the insurance agent) Tlb Spec' fA cry , Policy Number: ~ oJ 0 t.f / f,;, ~ -11- z. '-1- ;1 0 0 I TO ---J 1- Z '-1- :zOO 'Z... ,< Dates of Coverage: (OR) I am not required to have workers' compensation liability coverage because: o I have no employees o I am self-insured (include permit to self-insure) o I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children and certain farm employees) , I certify that the information provided above is accurate and complete and that a valid workers' compensation policy will be kept in effect at all times as required by law. Name: .J:Ien n t:'i/>,- Ff(.A-1.!C,.1 ll/-Jtv'txP.A.R.p j( , [First] [Middle] [Last] Name of Business: M~ P" eel \/ ~ P''L "Z..A / ;lo (I..j- 11 t/ &: mtJ [State] ,) 5503% [Zip] B"7:'~;~"nc00 bOl-tD- /67~JtI~ Date SIgnature Business Address: l}o9r" GrJ n?f /fLLt:' [City] CERTIFICATE OF COMPLIANCE DEPARTMENT OF REVENUE Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax Identification Number and the social securitv uumber of each Iiceuse applicaut (person sil!ninl! the application). Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use ofthis information: I, This information may be used to deny the issuance, renewal, or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; , 2, Upon receiving this information, the license authority will supply it only to the Minnesota Department of Revenue, However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; 3, Failure to supply this information may jeopardize or delay the processing of your license issuance. Please supply the following information and return along with your application: < , TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: I.. ill ... [.(L PERSONAL INFORMATION: Applicant's Name: _re(){)\1"'iH f !i4Uru.:rU3 f'eK Applicant's Address, b'B 92 (! P /J fee I i/ 11.-[ ~ f( 0 C-el1f'f( VIL(,e (YIrJ )'50:1'3" [City] [State] [Zip] Social Security Number: Y6 ~- f'() - 700 '-I BUSINESS INFORMATION: Business Name: /1;/;((' tu,! r 70 'IS tz-z-/f ,:; () 'j1-I fI-1/C ~. fJ//1'{ S'So J yI [State] [Zip] Business Address: (;'1rer IIi '- '-~ [City] l\1innesola Tax Identification Number: ~S{)2 97 0 ,/1- I fO-tJ73'-/ Federal Tax Identification Number: /O-11~{JL Date erse side, #;ej'IMIl' e and Position (Officer, Owner, Partner) TAX CLEARANCE INFORMATION TO LICENSE APPLICANT: Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is required to provide to the Minnesota Conunissioner of Revenue your Minnesota Business Tax Identification Number and social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: I. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement the Department of Revenue may supply this information to the Internal Revenue Service. 3. Failure to supply this infonna.tion may jeopardize or delay the processing of your licensing issuance or renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. IfquM? LICENSE TYPE: NEW [ ] RENEWAL[~ LICENSING AUTHORITY: City of Centerville LICENSE RENEWAL DATE: /-1- :l()()~ , < BUSINESS INFORMATION: Business Name: w(>~ (; '0: \I ~ Pr Z-l. ft- . ( ?() 'is 20TH ('c,/PTe-r (/ILLC [City] Business Address: A-v' {~ S mrl [State] s.s Os Y [Zip] Business Telephone Number: tSI- (,)5-I(li7 List of Officers or Partners (full name, title, and social security number): Full Name: I!rzllll~'n-l F V/hJ/U.'<'&.J2...Jc. . Title: Jgp " I (;}."- n --r-- Social Security Number: YGq-i'() -ZOol/ Full Name: Jut it'" m {/1!.JO~ai~-ee-fC: Title: il;c+, ftteh.t24,-,,,- SocialSecurityNumber: Lf7;.,9o-aJ70 Full Name: Title: Social Security Number: Full Name: Title: Social Security Number: IF A CORPORATION: W/f(:; G 0-,./ (01 '" 11 I R 7 () 9 f 2dP-{ Corporation Name: /'.Ie dba W'ftt'/J'.",Y <; /'?.'lrt- Me S ~Yl/Tf'r;litA__e fiN Business Address: Incorporation Date: q, 10.- I '1 cr '1 ListofDirectors: ke. (11-'< 1}1 F j/A-ll.().(I (Gel'.K. , ) U L /I: m l! f'r JJ ru If. r.. ~ e J( S. .- List of Stockholders: . J'j m E- PERSONAL INFORMATION (if sole proprietor): Applicant's Name: Applicant's Address: [City] [State] [Zip] Home Telephone Numher: Social Security Numher: ALL APPLICANTS, List all persons or entities with either a direct Of indirect interest in the applicant or the applicant's business to be conducted under the license for which this application is made and describe their interest in detail below. 0: N()N~ Addresses: Assumed or Trade Names) if any: Business Telephone Number: 6Sj,{SJ -lei] '7 Home Telephone Number: {)I-CtJ].- J I ~ ? Has any person named in the application ever been convicted ofa felony? 0 Yes 1XT No If yes, set forth the offense, date, county and stated of conviction: Applicant agrees that any manager employed in the licensed premises will have all qualifications of a licensee and that the manager will not violate any city or state laws. Minnesota Tax Identification Number: -II Lfs'o:J ." 7 0 Federal Tax Identification Number: .# '-If - / CJ SO? '] ''f Signa I~,;'fica~umber is not required, please explain on dIe reverse side._ ~ L--- Position (Office, Partner, etc.): fb es' r ,;:;u-,r? r KetJ/II~TI+ F Date: /1f-/I~(l 2.- . I/I/Noetrl'JeeK- Print Name: I-< o <=1 it o o ..<:1 it <=1 o en i) p, - <il I-< <8 '"Ci ~ en 0; en 's rLl 0; ..';lds, ~ 0; Q.l-:5 ...:="-' u~ b1) "0 ~ =-5 == <=1 o .:~ ~q)~ "''' b1) 0 """ '" '" ..';ld <=1 "-' ~ '" 0 ~ S gj ,.,., 8 8 - ~ x ... <=1 0; o ~,S c,,;;, '" ~ =..<:1f(J O g [) o;~ ~ ~...S ~ 0; <=1 ~ ~ '" ~~o ... o./j ..<:1 <=1 ~ g 0 = 0; 0 ~ ~.. "O~ ~ p, .... ..<:1 == g 0"'0; Q.l 1-<' ~~ o 0; - o en biJ <=1 'S;; ..s ~ 0; ..<:1 ~ I-< <8 '"Ci 0; l-< '8 0' 0; ~ ~ J =2 bo ~ VJ V) v a; ~ Z en '" 0; <=1 '", ::i r:Q en en 0; I-< '0 '"Ci ~ p, N J:J '" ~ tZl ~ G ~ 0; 0; l-< - tZl o o g ..0 o f-; ~ l-< o ::i <or ;j ~ .6 >-; <8 b1) <=1 ';>, -a .;( a (1<. "lI '<J -.J i;; ~ 'I. \.. t; c:-3 ~ """ '-So ~ J ~ ''''-SI , " --.. \ l' < ~ ~ rr~ qnterVir[e ~'E$/abI","dJ857 City of Centerville Best Practices Application Business Address: IA/!'; <. (;u f/ s- /" Z1 0; 5 ,;20iU /?; 'Z- '1- 4- Business Phone: 19 Lie S 05/- 6':;3-- /677 All owners and operating managers please sign, date, and provide a home phone :; o'Vliab~ontact number. 6 S I - ~5:J - / ) 8" "1 IJf:Jk.4/~ /{!-19-{) z ~~S'/- ;;lIt' -091 C. Ignature Date Phone 0- jC,-62 SAY'/! ~ < Phone Si Signature Date Phone For the City of Centerville Signature Chief of Police Date Phone Signature City Administrator Date Phone Signature Mayor Licensed establishments that choose not to participate in the Best Practices U21 Program or are found in violation for a third time will follow the regular penalty grid. Date Phone L 10/16/2002 14:18 PRULET/SLRTER 7 4298629 I NO 038 [;>003 ,~OOUC.. (651)644-0311 I Paulet/Slllter', Inc. 2610 University Ave., 1200 lOt. Paul, NN 55114 DATE (MfNClDrtY) 10/10/2002 THIS CERTIFICATE IS lSSU.D I>Jil A MATTeR OF INFORMATION ONLY AND CONFERS NO R113HTS UPON THli ce~TIFlCATE HOLDliR. THIS C.RTIFlCATE COES Nor AMEND,IEXTEND OR AL TEl{ THE COVE~E ""'FORllED BV THE pOLICies BELOW. INSUI\I:RS AfFORDING COVERJlGE I '"$V''"'' TICi INSURANCE CllMI'ANY I INSU~ERS, St, Paul Fi r'e .. Marine ! 'NaURt'"'' I 1~$URiiR ~ i _OWl ~ I COVERAGES I TH5 POLICIES OF NSURANCE LlSTEO !lE!.OW '""'v. B!I!N ISSU,O-ro THe INSURED NAMeD ABOVE FOR THi POLICY PERIOD INPICATED. NP:rWITHSTAN01NG ANY REClUIReMeNT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP.cr TO WHICH THIS CIRTIRCATE MAY~I$$UED OR IW\Y PERTAIN. THE INSURANCe AI'FOROED BY THE POLICl.S D.SCRltEO HERE"" IS SUBJECTTO All TH5 TERMS.I!XC.USIONB foliO CO (lNS OF SUCH POUClI6. ~GGREQATE UM1T$ SHOWN >JAY HA\Ili ~EEN R.Ducec 6Y PAID ClAIMS. ~ ~ T"(~QFINSUlU.Ncli I lbOl.ICYNUMBER ~ D uNIT8 #NERAl.tJIoll<UN ,REHL OF BI<<10950481 ~ 09/06 1 EAeHOCCURRENCE I. 1.000.000 ~~L4I.1PCI.ILceNER.AI.U.ultlT"( !:lRi OAMAQ.laWllJO'lIe!itJ) 5 SOO.O~ , ICl.AIMe'W<< [KIOCQJIIt MIC~(J,."tyIWner1Dl"1l1 S lOL~ pe~NA~"Ar:NINJURyl!li 1.ooo;oDii .......'''''''....TO j. 2 000,0001 ~5.eorJPIOPA~G i %.000.00( I CCMeINEO $INGLl!! LIMIT!, I'. iE>_ I ACORD.. CERTIFICATE OF LIABILITY INSURANCE FAX (651)641-8981 IHSU"",, W; seguys P; zza Iiie 709S 20th A~ftue 5 Centervill e, MN 55038-??oo A - ~'L AGGRli~E ~~: AP,!:!!;8 PiR: \ !l'oUCYI I ~~ I 1 Loe I~UTOMOI5IU UAItUTY _ Atf( NJ'TO _ AI.L OWNJIO AUTOS _ sCHeoVI.EC AUTOS _ !-iREOI*IUTO$ ....... NON-OW~O AUTOS BO01"Y NJI,IFlY , (PerDIlIUI\) SOCIL'I INJURY I $ (F'eI'llCllldtm) Me~ERTY~GE . (perac:lclenll ,~~~IIIJA.Il.ITY lJ>JoNA1.JTO axemLJAlljUrY ::5~O<:VR 0 WI., "-'CE ICliCl..lCTIB1.! I~E:NT:ON s WORK'" OOMP\!HOAT10HAN' 0704189 6W"I.Q'fIM' L.JA8IUTY' IljZll/Zool 11/Z4/2oo2 ~tlTOOI<IL"'.EAACCI~ .$ ~kc I AGG$ I!ACiti OCClJM!NCI! i $' AGGREQA'l't ! s . , . ~I'I!I\' ...., ""eH At:eIOENT I 5 fciOOOii E.L OI....E-..EMPI.Qyel; , ~ 1i.1.. Dl!IWE - POl,.lCYUMIT $ SOOOOC $1,000,000 I;a O:1nIoDn Cause $1,000,000 Aggregate I ""'EFTHAN AUTO ON~ Y: A Lc.TN" L' -".1 . B lQUO~ ".... lty ENL C6' 8K009504l1 ,01/01/2001 01/01/2004 i I ~~ON OF OI'ERAnoNSll.~A"ION;SU'lll!HleLE!lIEXtLUSlONS MCl2D BYENCOI\S8NINTISPI!cw. PROViStO~ l'OIIides EVidence or Insurance City of Cefttervil1e 1880 Main Street Centerville, MN 55018 i CANeELLA'tIOII I SHOULD ANY 011' nt-= .eave I)UCRlBiQ prQUCI!S Bi ~D Bi~U THE EXPlJItAllON tlA.1'i~F, 'T'Mli.lSSUIM eoW'AN'tWlI.L INCiAVCIII. TCI MAlL ~DAY'SWlurrD. mmCE TOnec~TI! 11Ot.d.1I: NAMEQ,.Ont!; !.EFT, IilUT FAlL.UR! Tn MAlL 5lJCHN011CZ :lJiAlJ. ~E NO OD~Al1ONCR lJAIIUTY o UPOHTHEQCMPAI;Y. ITS AGENTS OR RiPOd""UTlVES. \;"l~G~ n. ~ n. A~ f I COFlPORATION 1988 " CERTIFICATE HOlD!Jt I ADI1~ JHSl)MO. mwlWl urrTi.I\J ACO~ 25-5 (7/97) 'Estab[islieci 1857 1880 MaIn Street CenteIYilIe, Minnesota 55038 (651) 429-3232 RECEIVED OF WISEl Guys Pizza, Inc. $2,565.00 FOR: . 2003 liquor Ucense Ck #5901 - Account Code Amount (\ \~ , ,\ \\.q. < ~ ~ 1""'- /2\ '\ ~ \~ii1), J; di\\\l'-';lI d,,\ .~ "" \\ '# . ~~ \'f\\ ~ \\ "I I#' BY TetesaBmder October 17, 2002 Receipt # 798 'j ~ , tervi[[e 'Eswb[isfiet[ 11357 1880 Main Street . Centervilfe, fM'J{ 55038 (651) 429.3232 .:F~ (651) 429.8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #02 - 045 A RESOLUTION AUTHORIZING THE CREATION AND ADOPTION OF A CAFETERIA PLAN FOR THE EMPLOYEES OF THE CITY OF CENTERVILLE WHEREAS, The Centerville City Council has considered the creation and adoption of a cafeteria plan for its employees; and WHEREAS, that the City of Centerville accepts the Options PLUS proposal from the Stanton Group for the administration of an employee benefits plan. WHEREAS, that the following guidelines are established for employees of the City of Centerville participating in the plan: 1. The city contribution for fiscal year 2003 will be $620 per employee. The contribution amount will be established on an annual basis by the council. 2. The core plan that participants will be required to enroll in consists of the following: a. Single health coverage; b. Employee dental coverage; c. Employee life insurance $10,000. 3. Optional benefits offered to employees shall consist of the following: a. Supplemental and dependent life coverage; b. Dependent dental coverage; c. Short-term disability; d. Long-term disability; e. Long-term care coverage. 4. Employees will be allowed to contribute pre-tax dollars to the following or take the balance as taxable pay: a. Health insurance premiums spending account; b. Unreimbursed health care spending account; c. Day care spending account; d. Deferred Compensation account. 5. The dollar limit for employee contribution to the unreimbursed health care spending account shall be set at: a. $1,500 WHEREAS, that any proper members of the City Council are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said plan at any time; and WHEREAS, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA hereby approves the above stated cafeteria program for its employees. PASSED AND ADOPTED by the City Council this 23rd day of October 2002. Attest Mayor City Clerk M'.le. i C .) ~ ....,,/ '\".,J t 't ' if ' )L~;~~ ..'; ~llu.;~ >.,Pi;' TO: Honorable Mayor and Council Members Teresa Bender, City Clerk^~' FROM: SUBJECT: Canvassing of General Election Results DATE: October 23,2002 As you may be aware, the City Council of the City ofCenterville along with other cities acts as the canvassing board for general election results. Minnesota State Statute 205.185, Subd. 3; states that within seven days after the election (November 12, 2002) the results of the general election are read. This has been done in past years without having to schedule an additional meeting. In the year 2000 the Canvassing was completed on November 8, 2000. . In order to comply with Minnesota State Statute 205.185, Subd.3 council must hold a canvassing meeting prior to November 12, 2002. Please advise staff of your preferred meeting date. Thank you for your consideration regarding this matter. I ,,~ yO'.) ^y\\ r C\. Minnesota Statutes 2002, 205.185 Minnesota Statutes 2002. Table of Chapters Table of contents for Chapter 205 205.185 Procedure. Subdivision 1. Materia1s, ba~lots. The municipal clerk shall prepare and have printed the necessary election materials, including ballots, for a municipal election. Subd. 2. Election, conduct. A municipal election shall be by secret ballot and shall be held and the returns made in the manner provided for the state general election, so far as practicable. Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a) Within seven days after an election, the governing body of a city conducting any election or the governing body of a town conducting the general election in November shall canvass the returns and declare the results of the election. The governing body of a town conducting the general election in March shall canvass the returns and declare the results of the election within two days after an election. (b) After the time for contesting elections has passed, the municipal clerk shall issue a certificate of election to each successful candidate. In case of a contest, the certificate shall not be issued until the outcome of the contest has been determined by the proper court. (c) In case of a tie vote, the governing body shall determine the result by lot. The clerk shall certify the results of the election to the county auditor, and the clerk shall be the final custodian of the ballots and the returns of the election. Subd. 4. Recount. A losing candidate at a municipal election may request a recount of the votes for that office subject to the requirements of section 204C.36. HIST: 1983 c 62 s 9; 1999 c 132 s 34; ISp2001 c 10 art 18 s 37 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.ron.us/stats/205/185.html Page 1 of 1 10/23/2002 tervi[{e 'EsUl6[L4id 189 Disbursements, Receipts, & Payroll $120,000.00 $100,00000 $80,000.00 $60,000.00 $40,000.00 $20,000.00 o October 10 through October 18. 2002 Receipts Disbursements Payroll (10-10-02) $104.691.78 $43,643.65 $10.460.61 . Receipts . Disbursements 0 Payroll Amount CITY OF CENTERVILLE Cash Receipts October 10 through October 18. 2002 Tran Date Refer Comments Batch Name 10/18/0212:10 PM Page 1 Account Oeser FUNO 101 GENERAL FUND Act Type E ACI $65.00 $65.00 Act Type G $2.10 $12.00 $3.50 $0.50 $0.50 $0.90 $3.80 $10.89 $0.60 $6.91 $4.00 $0.50 $0.50 $1.50 $0.50 $0.50 $0.50 $0.50 $0.50 $5.20 $0.50 $10.62 $0.69 $2.50 $200.00 $58.00 $0.50 $0.50 $1.00 Act $330.21 ActType R $70.00 $194.50 $60.00 $174.30 S778.47 $20.00 Sl10.00 $25.00 $80.19 $2,895.00 $25.00 $65.00 $1,632.09 $4,179.00 $172.10 $191.80 $170.00 $85.00 $65.00 $100.00 iO/1012002 10/10/2002 10/10/2002 10/10/2002 10/10/2002 10/10/2002 10/1 0/2002 10/10/2002 10/1512002 10/15/2002 10/15/2002 10/1612002 10/16/2002 10/1612002 10/16/2002 1011612002 10/1612002 10116/2002 10/1612002 10/16/2002 1011612002 10/16/2002 1011612002 10/16/2002 10116/2002 10/1612002 10/16/2002 10/1812002 10/18/2002 10/18/2002 10/10/2002 10110/2002 1011012002 10/10/2002 10/10/2002 10/16/2002 10/16/2002 10116/2002 10/16/2002 10/16/2002 10/1612002 10/16/2002 10/16/2002 10J16!2002 10/16/2002 1011612002 10/16/2002 10116/2002 10/16/2002 10/16/2002 o REFUND ON MEMBERSHIP 10-10-02 o UB UR Receipt Group 01 RE 10-10-02UT 07234 UNITY AVE - 02-169 10-10-02 o 7256 CENTERV/LLE RD - 02 10-10-02 o 7260 CLEARWATER DRIVE 10-10-02 o 1782 DUPRE RD - P02-044 10-10-02 o UB UR Receipt Group 01 RE 10-10-02-, UT o UB UR Receipt Group 01 RE 10-1 0-02-UT o UB UR Receipt Group 01 RE 10-11-02-1 UT o US UR Receipt Group 01 RE 1 0-15~02UT o U8 UR Receipt Group 01 RE 1Q-11-02UT o 1769 CENTER STREET - 02- 101602 o 6806 GROUSE HOLLOW - P 101602 07087 20TH AVE - C02-090 101602 o 1668 HUNTER'S TRAIL - 02- 101602 o 1741 OJIBWAY DR - M02-07 101602 o 1747 DUPRE RD - P02-046 101602 o 1654 HUNTER'S TRAIL - PO 101602 06979 PORTAGE WAY - C02- 101602 o 1745 OJIBWAY OR - M02-07 101602 o UB UR Receipt Group 02 CO 101602UT o 1697 HUNTER'S TRAIL - 02- 101602 o UB UR Receipt Group 01 RE 10-16-02UT o UB UR Receipt Group 01 RE 101602UT o 1475 MOUND TRAIL - 02-16 101602 o 1784 MEADOW LANO - 02-1 101602 o 1784 MEADOW LAND - 02-1 101602 o UB UR Receipt Group 01 RE 10-18-02 U o 1782 DUPRE RD - C02-092 10-18-02 o 7187 ROBIN LANE W - 02-1 10-18-02 o 1782 DUPRE RD - P02-044 10-10-02 o 1873 MAIN STREET - OPCO 10-10-02 07260 CLEARWATER DRIVE 10-10-02 07256 CENTERVllLE RD - 02 10-10-02 o 7234 UNITY AVE - 02-169 10-10-02 o KEY DEPOSIT - TRINA DIC 101602 06979 PORTAGE WAY - C02- 101602 o UB Receipt S8'" 102 CERTI 101602UT o 1697 HUNTER'S TRAIL - 02- 101602 o P. MONTAIN - TRIO INN -lI 101602 o 1784 MEADOW LAND - 02-1 101602 07087 20TH AVE - C02-090 101602 o FINES & FEES FOR SEPTE 101602 o WATERWORK -LIQUOR II 101602 o 1668 HUNTER'S TRAIL - 02- 101602 o 1769 CENTER STREET - 02- 101602 o SAGER'S LIQUOR LICENSE 101602 06806 GROUSE HOLLOW - P 101602 01747 DUPRE RD- P02-046 101602 o 1664 HUNTER'S TRAIL - PO 101602 E 101-41401J-441 Conf. & Schooling G 1 01 ~11500 Accounts Receivable G 101-24500 Bldg, Permit Surcharge G 101-24500 B)dg. Permit Surcharge G 101-24502 Mech. Permit Surcharge G 101-24501 Plmbing Permit Surcharg G 101-11500 Accounts Receivable G 101-1''1500 Accounts Receivable G 101-11500 Accounts Receivable G 101-11500 Accounts Receivable G 101-11500 Accounts Receivable G 101-24500 Bldg. Permit Surcharge G 101 M24501 Plmbing Permit Surcharg G 101-24503 Elec. Pemiit Surcha~e G 101-24500 Bldg. Permit Surcharge G 101-24502 !viectl, Permit Surcharge G 101M24501 Plrnbing Permit Surcharg G 101M24501 Plmblng Permit Surct1arg G 101 M24503 Elec. Permit Surcharge G 101-24502 Meetl, Permit Surcharge G 1 01 ~ 1"':500 Accounts Receivable G 101-24500 Bldg. Permit Surcharge G 101M115QO Accounts Receivable G 101-11500 Accounts Receivable G 10"':-24500 Bldg. Permit Surcharge G 101-24504 Site !\:Jain. Escrow G 101~24500 Bldg. Permit Surcharge G 101-11500 Accounts Receivable G 101.24503 Elec. Permit Surcharge G 101~24500 Bldg, Permit Surcharge R 101~32180 Plumbing Permits R 101-32225 Electrical Inspection R 101~32225 Electrical Inspection R 101-32210 Building/Mech. Permits R 101--32210 8uildlngiMech. Permits R 101M36270 Refunds/Reimbursements R 101-32225 Electricallnspectfon R 101-36200 Miscellaneous Revenues R 101-32210 Building/Mech. Permits R 101-32100 Rental/Liquor Licenses R 101M323QO Site Maintenance Fees R 101-32225 Electrical Inspection R 101 -341 07 Assessment Search Fees R 101-32100 Rental/Liquor Licenses R 101-32210 Building/Mech. Permits R 101-32210 8uildingiMech. Permits R 101-32100 Rental/liquor Licenses R 101-32180 Plumbing Permits R 101-32180 Plumbing Permits R 101-32180 Plumbing Permits Amount CITY OF CENTERVILLE Cash Receipts October 10 through October 18. 2002 Tran Date Refer Comments Batch Name 10/18/0212:10 PM Page 2 Account Oeser Act $16.00 $60.00 $100.00 8100.00 $1.46 $2,234.84 $278.60 $75.00 $2.565.00 $32.16 $75.00 $75.00 $110.00 $16,815.51 FUND 10 $17,210.72 10/16/2002 10n6/2002 10/16/2002 10/16/2002 10116/2002 10/16/2002 10/16/2002 10/1612002 10/18/2002 10/18/2002 10/18/2002 10/18/2002 10/1812002 FUND 33$ G.O. Bond Hunters Crossing ActType R $13,246.39 $13,246.39 $13,246.39 $39,739.17 Act 10/16/2002 10/16/2002 10/16/2002 o DOG TAGS # 181 & 182 - K 101602 o MISC. 101602 o 1745 OJIBWAY DR - M02-07 101602 o 1741 OJIBWAY DR - M02-07 101602 DUB Receipl Serv 102 CERTI 10-16-02UT o 1784 MEADOW LAND - 02-1 101602 o 1475 MOUND TRAIL - 02-16 101602 o TOM THUMB #295 - RENEW 101602 o 2003 LIQUOR LICENSE - WI 10-18-02 o UB Receipt Serv 102 CERTI 10.18-02 U 02003 TOBACCO LICENSE - 10-18-02 o 7187 ROBIN LANE W - 02-1 10-18-02 o 1782 DUPRE RD - C02-092 10-18-02 o 1616 HUNTER'S TRAIL - #23 101602 o 1654 HUNTER'S TRAIL - n 101602 o 1694 HUNTER'S TRAIL - 23 101602 R 101~32200 Animal Llcenses R 101-36200 MIscellaneous Revenues R 101-32210 Buildlng/Mech. Permits R 101-32210 Building/Mech. Permits R 1 01 ~36200 MisceHaneous Revenues R 101-32210 Building/Mach. Permits R 10~,-32210 5ulldlngiMech. PermIts R 101-32100 RentaJlLiquor Licenses R 101-32100 Renta!lUquor Licenses R 101-36200 Miscellaneous Revenues R 101-32100 RentalfLiquor Licenses R 10A,-32210 BuildlngfMech. Permits R101-32225 Electrical h1spection R 336-36100 Spedal Assessments R 336-36100 Spedal Assessments R 336-36100 Special Assessments FUND 33 $39,739.17 FUND 415 STORM WATER IMP PROJECTS Act Type R $0.30 10!10/2002 o US Receipt Serv Pen 10 DR 10-10-02-1 UT R 415-32350 Storm Water Drainage Fu $138.99 10/1012002 o UB Receipt Serv 10 DRAIN F 10-',0-02UT R 415-32350 Storm Water Drainage Fu $0.03 10/10/2002 o US Receipt Serv Pen 10 DR 10-l0-02UT R 415~32350 Storm Water Drainage Fu $65.75 10/10/2002 o US Receipl Serv 10 DRAIN F 10-10-02-1UT R 415-32350 Storm Water Drainage Fu $0.72 10/10/2002 o US Receipt Sorv Pen 10 OR 10-10-02-UT R 415-32350 Storm Water Dra.inage Fu $153.37 10/10/2002 o US Receipt Serv 10 DRAIN F 10-1O-02-UT R 415-32350 Storm Water Drainage Fu $141.03 10/15/2002 o UB Receipt Serv 10 DRAIN F 10-11-02UT R 415~32350 Storm Water Drainage Fu $0.68 -:0/15/2002 o US Receipt Serv Pen 10 DR 10-11-02UT R 415~32350 Storm Water DrQinage Fu $2.34 10/15/2002 o US Receipt Serv Pen 10 DR 10-11-02-1UT R 415~32350 Storm Water Drainage Fu $0.58 10/15/2002 o US Receipt Serv Pen 10 OR 10-15-02UT R 4\5-32350 Storm Water Drainage Fu $54.51 10/15/2002 o UB Receipt Serv 10 DRAIN F 10-15-02UT R 415-32350 Storm Water Drainage Fu 5201.29 10/1512002 o US Receipt Serv 10 DRAIN F 10-11-02-1UT R 415~32350 Storm Water Drainage Fu $199.37 10/16/2002 o US Receipt Serv 10 DRAIN F 101602UT R 415-32350 Storm Water Drainage Fu $2.29 10/16/2002 o US Receipt Serv Pen 10 DR 101602UT R 4 i 5-32350 Storm Water DraJnage Fu $200.00 10!16/2002 o 1784 MEADOW LAND - 02-1 101602 R 415-32350 Storm Water Drainage Fu $1.06 10/16/2002 o US Receipt Serv Pen 10 DR 10-16-02UT R415-32350 Storm Water Drainage Fu $210.85 10116!2002 o UB Receipt Serv 10 DRAIN F 10-16-02UT R 415-32350 Storm Water Drainage Fu $126.46 10/1812002 o UB Receipt Serv 10 DRAIN F '10-16-02 U R 415-32350 Storm Water Drainage Fu $2.40 10/18/2002 o US Receipt Serv Pen 10 DR 10-18-02 U R 415-32350 Storm Water Drainage Fu Act $1,522.02 FUND 41 $1,522.02 FUND 601 WATER FUND Act Type G $1.11 10110/2002 o US Receipt Sure 1 SALES T 10-10-02-1UT G 601-20800 State Sales & Use Tax $10.94 10/10/2002 o UB Receipt'Sure 1 SALES T 10-10-02-UT G 601~20800 State Sales & Use Tat- $180.67 10/15/2002 o US Receipt Sure 1 SALES T 10-11-02UT G 601-20800 State Sales & Use Tax CITY OF CENTERVILLE 10/18/0212:10 PM Page 3 Cash Receipts October 10 through October 18, 2002 Tran Batch Amount Date Refer Comments Name Account Oeser $26.86 10/15/2002 o UB Receipt Sure 1 SALES T 10-11-02-1UT G 601-20800 State Sales & Use Tax $27.97 10/16/2002 o UB Receipt Sure 1 SALES T 10-16-02UT G 601-20800 State Sales & Use Tax Act $247.55 Act Type R $8.69 10110lZ00Z o US Receipt Sorv 30 WATER 10-' 0-02-UT R 601-34400 Safe Drinking Water Fee $0.90 10/10/2002 o UB Receipt Serv Pen 30 W A 10-1 0-02-U T R 601 ~34400 Safe Drinking Water Fee $1,598.65 10/10/2002 o UB Receipt Serv 1 WATER 10-1O-Q2UT R 601-37100 Water Sales $141.10 10/10/2002 o UB Receipt SelV 15 WATER 10-10-02-UT R 601-37100 Water Sales $0.73 10/1012002 o UB Receipt Serv Pen 1 WAT 10-10-02UT R 601-37100 Water Sales $12.78 10/10/2002 o UB Receipt Serv Pen 1 WAT 10-10-02-UT R 601-37100 Water Sales $17.00 10110/2002 o US Receipt Serv 15 WATER 10-10-oZ-1UT R 601-37100 Water Sales $0.47 10/10/2002 o UB Receipt Serv 30 WATER 1Q-10-02UT R 601-34400 Safe Drinking Water Fee $0.05 10/10/2002 o US Receipt Serv Pen 30 WA 1O-10-o2UT R 601 ~34400 Safe Drinking Water Fee $1,831.26 10110/2002 o US Receipt Serv 1 WATER 10-10-02-UT R 601-37100 Water Sales $924.11 10110/2002 o US Receipt Serv 1 WATER 10-10-02-1UT R 601-37100 Waler Sales $503.64 10/1512002 o US Receipt Serv 1 WATER 10-15-02UT R 60\~37\OO Water Sales $2.23 10/15/2002 o US Receipt Serv Pen 1 WAT 10-15-02UT R 601~37100 Water Sales $0.96 10/15/2002 o U8 Receipt Sent Pen 30 WA 10-11-02UT R 601~34400 Safe Drinking Water-Fee $9.21 10/15i2002 o US Receipt Serv 30 WATER 10-11-02U'f R 601-34400 Safe Drinking Water Fee $2,779.50 1011512002 o UB Receipt Sent 15 VV A TER 10-11-02UT R 601-37100 Water Sales $2.82 10115/2002 o US Receipt Serv 30 WATER 10-15-02UT R 601-34400 Safe Drinking Water Fee $0.28 10115/2002 o U8 Receipt Sarv Pen 30 WA 10-15-02UT R 601-34400 Safe Drinking Water Fee $7.10 1011512002 o U8 Receipt Serv Pen 1 WAT 10-11-02UT R 601-37100 Water Sales S1.250.45 1011512002 o US Receipt Serv 1 WATER 10-11-02UT R 601-37100 Water Sales $17.36 10115/2002 o US Receipt Sarv 30 WATER 10-11-02-1UT R 601-34400 Safe Drinking Water Fee $45.90 10/15/2002 o US Receipt Ser, 15 WATER 10-11-02-lUT R 601-37100 Water Sales $49.06 10/15/2002 o US Receipt Serv Pen 1 WAT 10-11-02-1UT R 601-37100 Water Sales $2,673.53 10/15/2002 o US Receipt Serv 1 WATER 10-11-02-1UT R 601-37100 Water Safes $1.62 101151Z002 o US Receipt Serv Pen 30 WA 10-11-02-1UT R 601-34400 Safe Drinking Water Fee $290.00 10/1612002 o 1784 MEADOW LAND - 02-1 101602 R 601-34600 Water Meter Charges $430.18 10/16/2002 o US Receipt Serv 15 WATER 10-16-02UT R 601-37100 Water Sales $1.70 10116/2002 o U B Receipt Sent Pen 30 W A 101602UT R 601-34400 Safe Drinking Water Fee $7.47 10/16/2002 o US Receipt Serv 30 WATER 10-16-02UT R 601-34400 Safe Drinking Water Fee $17.76 10116/2002 o U8 Receipt Serv 30 WATER 101602UT R 601-34400 Safe Drinking Water Fee $0.75 10/1612002 o US Receipt Serv Pen 30 WA 10-16-02UT R 601-34400 Safe Drinking Water Fee $9.44 10/16/2002 o UB Receipt Serv Pen 1 WAT 10-16-o2UT R 601-37100 Water Sales $1.500.00 10/1612002 o 1784 MEADOW LAND - 02-1 101602 R 601-37150 Water ConnecttReconnec $2,353.25 1011612002 o US Receipt Serv 1 WATER 10-16-02UT R 601-37100 Water Sales $23.41 10116/2002 o UB Receipt Serv Pen 1 WAT 101602UT R 601-37100 Water Sales $283.90 10116/2002 o US Receipt Serv 15 WATER 101602UT R 601-37100 Water Sales $2,734.72 10116/2002 o US Receipl Serv 1 WATER 101602UT R 601-37100 Water Sales $20.17 10/18/2002 o US Receipt Serv 30 WATER 10-18-02 U R 601-34400 Safe Drinking Water Fee $2.02 10/18/2002 o U8 Receipt Serv Pen 30 WA 10-18-02 U R 601-34400 Safe Drinking Water Fee $1.459.54 10/1812002 o US Receipt Sent 1 WATER 10-18-02 U R 601-371 00 Water Sales $33.05 10/18/2002 o U8 Receipt Serv Pen 1 WAT 10-18-02 U R 601-37100 Water Sales Act $21,046.96 FUND 60 $21,294.51 FUND 602 SEWER FUND Act Type G $1,200.00 10/1612002 o 1784 MEADOW LAND - 02-1 101602 G 602-34407 Sen/ice Availability Charg Act $1,200.00 ActType R $4.90 10110/2002 o UB Receipt Serv Pen 6 SEW 10-10-02-1UT R 602-37200 Sewer Sales CITY OF CENTERVILLE 10/18/0212:10 PM Page 4 Cash Receipts October 10 through October 18, 2002 Tran Batch Amount Date Refer Comments Name Account Oeser $1,351,62 10110/2002 o US Receipt Serv 6 SEWER 10-10-o2-1UT R 602-37200 Sewer Sales $147.00 1 Oi1 012002 o US Receipt Serv 18 SEWER 10-10-02-UT R 602-37200 Sewer Sales $11,75 10/1012002 o US Receipt Serv Pen 6 SEW 10-10-02-UT R 602-37200 Sewer Sales $2,270.10 10/10/2002 o US Receipt Senl 6 SEWER 10-10-02UT R 602-37200 Sewer Sales $2,358.20 10/10/2002 o US Receipt Serv 6 SEWER 10-10-02-UT R 602-37200 Sewer Sales $0.45 10/10/2002 o US Receipt Serv Pen 6 SEW 10-10-02UT R 602-37200 Sewer Sales $392.00 10/15/2002 a us Receipt Serv 18 SEWER 10-15-02UT R 602-37200 Sewer Sales $2,066.48 10115/2002 o US Receipt Serv 6 SEWER 10-1'-02UT R 602-37200 Sewer Sales $42.17 10/15/2002 o US Receipt Serv Pen 6 SEW 10-11-02-1 UT R 602-37200 Sewer Sales $11.94 10115/2002 o US Receipt Serv Pen 6 SEW 10-1'-02UT R 602-37200 Sewer Sales $245.00 10/15/2002 o UB Receipt Serv 18 SEWER 1 O~11-02w1 UT R 802-37200 Sewer Sales $841.51 1011512002 o UB Receipt Serv 6 SEWER 10w15-02UT R 602-37200 Sewer Sales $9.63 10/1512002 o UB Receipt Serv Pen 6 SEW 10-15-02UT R 602-37200 Sewer Sales $3,028.11 10/15/2002 o UB Receipt Sarv 6 SEWER 10-1'-02-1UT R 602-37200 Sewer Sales $3,181,37 10/1612002 o US Receipt Serv 6 SEWER 101602UT R 602-37200 Sewer Sales $3.428.99 10;16/2002 o UB Receipt Serv 6 SEWER 10-i6-02UT R 602-37200 Sewer Sales $2,000.00 10/16/2002 o 1784 MEADOW LAND - 02-1 101602 R 602-37250 Sewer ConnectiReconnec $98.00 10/16/2002 o US Receipt Serv 18 SEWER 101602UT R 602-37200 Sewer Sales $4.90 10116/2002 o UB Receipt Serv Pen 18 SE 101602UT R 602-37200 Sewer Sales $113. 71 10/16/2002 . o UB Receipt Serv 18 SEWER 10-16-02UT R 602-37200 Sewer Sales < $18.33 10/1612002 o U8 Receipt Serv Pen 6 SEW 10-i6-02UT R 602-37200 Sewer Sales $34.29 10/1612002 o UB Receipt Sarv Pen 6 SEW i01602UT R 602-37200 Sewer Sales $2,020.83 10/1812002 o UB Receipt Serv 6 SEWER 10-18-02 U R 602-37200 Sewer Sales $44.08 10/18/2002 o US Receipt Serv Pen 6 SEW 10-18-02 U R 602-37200 Sewer Sales Act $23,725.36 FUND 60 $24,925.36 $104,691.78 FILTER: (((Period] in(10) and (Act Year] = '2002') and (Tran Nbr] in(1O, 13)) and (((((((Not (Tran Date]=#10/3/2002#))) AND ((Not (Tran Date]=#10/7/2002#))) AND ((Format$((Tran Date],"Short Date") Not Like "10/8/200'''))) AND ((Not [Tran Date]=#10/2/2002#))) AND ((Not (Tran Date]=#10/4/2002#))) CITY OF CENTERVILLE 10118/0210;33AM Page 1 *Check Summary Register@ Name OCTOBER 2002 Check Date Check Ami 10100 MAIN STREET BANK Paid Chk# 017438 A-1 HYDRAULIC SALES & SERVICE Paid Chk# 017439 ASCOM HASLER MAILING SYSTEMS Paid Chk# 017440 DAVIES WATER EQUIP. COMPANY Paid Chk# 017441 EARTH BURNERS INC. Paid Chk# 017442 GOLDENGATE INTERNET SERVICES Paid Chk# 017443 IIMC Paid Chk# 017444 INTERNAL REVENUE SERVICE Paid Chk# 017445 MET. COUNCIL ENV. SERVo (SDS) Paid Chk# 017446 MUELLER PIPELINES Paid Chk# 017447 PRESS PUBLICATIONS Paid Chk# 017448 PUBLIC EMPLOYEES INS PROGRAM Paid Chk# 017449 STRATEGIC INSIGHTS COMPANY Paid Chk# 017450 SUBURBAN INSPECTIONS Paid Chk# 017451 TIME SAVER Paid Chk# 017452 US BANK" Paid Chk# 017453 US FILTER CONTROL SYSTEMS Paid Chk# 017454 WISCONSIN DEPART. OF REVENUE Paid Chk# 017455 XCEL ENERGY FILTER: None 10/23/2002 10/23/2002 10/23/2002 10/23/2002 10/23/2002 10/23/2002 10/2312002 10/23/2002 10/23/2002 10123/2002 10/23/2002 1012312002 10/23/2002 10/23/2002 10/23/2002 10/23/2002 10/2312002 10/23/2002 Total Checks $40.30 $8.50 $21.89 $14,900.90 $60.00 $85.00 $6,071.88 $11,418.50 $750.00 $275.63 $4,380.22 $399.38 $2,986.47 $501.13 $164.56 $63.03 $348.51 $1,167.75 $43,643.65 . :;; ~ <( ~ 0> ~ ro a. :: N '" <0 co '" ~ "' '" 0 N '" 0 0 '" "' '" 0 0 0 '" '" " ~ 0> '" '" N '" 0 q "' 0 '" '" 0 '" '" "' ~ 0 oj <0 <ci oj en 6 ai en 0 0 6 en 6 oi '" ~ ::; U" ~ 0- "' 0- '" "' '" 0 "' '" N '" '" " q "' '" "'- "- '"": N N '" N N '" ;;; oi ;;; oi oi ;;; ;;; ;;; ;;; ... '" '" '" '" '" '" '" '" ;;; '" ~ "' "' "i " ~ '" '" '" "' '" '" "' '" '" " C N "' "' "' '" '" " 0 N 0 "- en "' ~ , oj cO 0 en '" '" en .f 0 '" '" en '" 6 '" 0 ~ u a " '" ;;; '" "' N 8l 0- '" '" N "- 0- "' "' " "'- "'. "'. 0_ '" 0- N N ~ ;;; " '" ;;; '" ;;; ;;; ;;; '" '" '" '" '" '" 0 ;;; N N N N N N N N N N N N N N < W '" 0 0 0 0 0 0 '" 0 0 0 0 0 0 '" ...J 0 0 0 0 0 0 0 0 0 0 0 0 '" 0 " ~ ~ ~ ~ ~ N ~ N ~ ~ ~ ~ ~ ~ ~ ...J ~- co co ",ro 0 0 0 0 0 0 0 '" 0 0 :> ..... UC - - ~ ~ ~ ~ ~ ~ Q) co C5 co co 0 0 co C5 co C5 C5 co co C5 c:: .... ~ ~ ~ III W '0, I- Z Q) W c:: .. " U .lo: > 0 u (,) '" . u. Q) '" 0 .r: I:: u ;;' U ..J 0: -; UJ >- "' z :r: >- :;; ..J <( 5 0: " z UJ 0 ;)j UJ 0 <( f- 0 :r: -; UJ 0 0 C/J Z :;; 0: :;; ~ f- ui ..J , UJ UJ C" :::; i= <( E UJ -' :;; -' C" ~ ::J UJ ill Z f- 0: ci :r: ro z ;z '" ill '" <( c5 z z <( >- :i 0 Z f- ,: 0: :;; U 0- ill a. Z (f) <( 0:: C" <( . C/J f- 0 . '" 0::- <( W ill 0:: C/J a:: ill C/J Z ill U >. ill z "' C/J 0 '" ill :r: 0:: C/J 0: ill C/J 0 W "E. N a. -' :r: ill 0 ill ::J (f) 0 :> -' 0 -' UJ 0 ::J a. f- z UJ 0 -' ill <( -' E 0 <( f- 0 rt u ill ill '" 0: ill '" 0: ill ill () a. (f) :;; :;; 0- "' C/J "' Z C/J f- >- .. . 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District Chel:k Register 10/18/2002 CHECK# NAME !lulldlng Fi8!itners Make-Technical CoJ/e~e Capltel Communications City of Wno Lakes Dale Haapoja David Bruder Emergency Apparaw. Maintenance Emergency Medical Products, Inc. F~llone'. Hardware GraInger image F'Mntlng & Graphiee Kent M. Kogler LaI<e Country Chapter of ICao Loffler Bu.in... Systems Lynn Card Company McLeod USA Metro Fire Milo Bennett MN Metro Fire Officers Association Or1dn Exterminating OX'lIIen Service Company, Inc. Olllost RIGk &ngerr Summit FIre Protectic:>n TWin City Gar::oge Docr Company Xcel Enorgy InduStrial Door Ccmpany. Inc. Randy T. Rclstad Stock Suilc:ina Supp~ Intec Video Systems, Ino. ''''' Tne disbursaments Ii:sted be/clw are submItted by the Centennial Fire District for your approval: 13448 13449 13450 13451 13402 1:)453 13454 13455 13458 1:3457 13458 1:)459 13460 13461 13462 13463 13464 1346:1 '3466 13467 13468 13469 1;1470 13471 13472 13473 13474 13475 13476 134i7 ACCOUNT AMOUNT DATE 101161200. 1 0/1 ~/2002 10115/2002 10/15/2002 10115/2002 10/151200. 10/1512002 10/1512002 10/1512002 10115/2002 10116/_002 10115/200. 10/15/2002 10/1512002 10/151200_ 10/1512002 10/15/2002 101'512002 10/1512002 10/15/2002 1011612002 10/151<002 10/1612002 10/1 :lI200. 10115/2002 10/1512002 10115/2002 10/15/2002 10/151<002 10/15/2002 421JlJ. Equipment Expe",," 42220 . Travel, Conference, SchOOl 42110 - Other Mainlenance 42260 - Miscellaneous Expense 42000 - Vehicle Maintenance 42160. Offlce Supplies 42000 - Vehicle MaIntenance 42260 . Medical Supplies 42110. Other Maintenance 42130 - Equipment Expense 42190. Fire prav.nUon Suppfi... 42220 - Trav.l, COnference, SchOOl 422;20 - Trgvel. Conference, School 42160. Office Supplies 4.,80 - Office Suppli.. 42240 - Telephone 42130. Equipment Expense 421 aD - Off:ce Supplies 42200 - Dues and Membership. 42110. Other Maintenance 42270 - 6reathing Air 42240 - Talephone 42190. Rre Prevention Supplies 42110. Other Maintenance 42110 - Olner Maintensnce 42254 . Station 2 - Electric 10105. Garage expense j 01 05 . Gerage EJcpense , 0,05 - Garage Exp'lnse 42130 - Squipment Expense Total 251-45 2,885.00 51<5.56 60,00 427.56 lB.88 :250.00 263.00 24.57 372.ll1 1,162.96 75,00 175.00 <'8.12 140.59 350.77 1,168.00 ._,34 100.00 51.12 232,30 297.85 M7 360,00 76.00 4135.53 2.972.00 371.49 192.D1 4.14.1 ~ $17,471.16 / " . .n. Bonestroo LJI Rosene II:::. Anderlik & lJ1 Associates Engineers- & Architects Owner: City of Centerville, 1880 Main St., Centerville, MN 55038 Date: October 3, 2002 For Period: 9/7/2002 to 1013/2002 Reouest No: 3 Contractor: Earth Burners inc. 5910 Fremont St" Duluth, MN 55807 CONTRACTOR'S REQUEST FOR PAYMENT CSAH 14 WATER MAIN EXTENSION BRA FILE NO. 616-01-123 SUMMARY 1 Original Contract Amount $ 158,803.00 2 Change Order - Addition $ 8,750.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 167,553.00 5 Value Completed to Date $ 164,710.00 6 Material on Hand $ 0.00 7 Amount Earned $ . ,..( 164,710.00 8 Less Retainage 1% $ 1.647.10 9 Subtotal $ 163,062.90 10 Less Amount Paid Previously $ 148.162.00 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 $ 14.900.90 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. ikwrWJ WJ:~~ Approved by Contractor: F-:e'w~ Approved by Owner: CITY OF CENTERVILLE Specified Contract Completion Date: September 13, 2002 Date: 6150 1123REQ3.xls ,. \ . Contract Unit Quantlty Amount No. Uem Unit Quantity Price to Date to Date Base Bid: . 1 12" HOPE, DR11 water main. directional drill LF 2622 39.00 2700 $105,300.00 2 6" HOPE. directional drill LF 60 25.00 60 $1,500.00 3 Directional drilling, extreme condition, any pipe size LF 200 5.00 $0.00 4 8" PVC water main LF 30 30.00 28 $840.00 5 6" PVC water main LF 10 28.00 20 $560.00 6 12" gate valve and box EA 2 2300.00 2 $4,600.00 7 S" gate valve and box EA 1 1750.00 2 $3,500.00 8 6" gate valve and box EA 2 1500.00 2 $3,000.00 9 Valve rod extension EA 8 150.00 9 $1,350.00 10 Hydrant w/valve EA 3 3000.00 3 $9,000.00 11 Connect to existing a" PVC EA 1 1500.00 1 $1,500.00 12 Fittings LB 2000 DAD 200 $80.00 13 6" Pjpe Restraint EA 15 5.00 14 $70.00 14 8" pipe restraint EA 3 5.00 7 $35.00 15 12" pipe restraint EA 19 15.00 3 $45.00 16 Clearing and grubbing LS 1 1000.00 1 $1,000.00 17 Traffic control LS 1 1000.00 1 $1,000.00 18 Cross under SPWU culverts LS 1 500.00 1 $500.00 19 1" Copper service LF 100 14.00 100 $1.400.00 20 1" Copper service. directional drill LF 210 14.00 210 $2.940.00 21 1" curb stop and box EA 9 450.00 9 $4,050.00 22 1" corporation stop EA 9 450.00 9 $4,050.00 23 Reconstruct manhole EA 1 10000.00 0.35 $3,SOO.00 24 Soddin9 SY 500 4.00 1110 $4,440.00 25 Seeding, MnDOT Mix 30B AC 0.6 2000.00 0.6 $];2<10.00 26 Silt fence, regular LF 100 2.00 <$0.00 27 Street sweeper HR 5 100.00 5 $500.00 26 Salvage and replace fence LF 40 20.00 $0,00 29 Transplant tree or bush EA 5 200.00 $0.00 Total Base Bid: $155,960.00 Change Order Number 1 1 County Permit Required for Construction in CSAH #14 ROW LS 250.00 $250.00 2 Additional traffic control for county permit required concrete barriers at each boring pit LS 8500,00 1 $8,500.00 Total Change Order No.1 $8,750.00 Total Base Bid: Total Change Order No.1 Total Work Completed To Date $155,960.00 $8,750.00 $164,710.00 B1B011nRi=O:\xl<< ,. ~ . PROJECT PAYMENT STATUS OWNER CITY OF CENTERVILLE BRA FILE NO. 616-01-123 CONTRACTOR EARTH BURNERS INC CHANGE ORDERS No. Date Description Amount 1 8/21/2002 Additions to contract for county permit. See Change Order for $8,750.00 further details. Total Change Orders $8,750.00 PAYMENT SUMMARY No. From To Payment Retainage Cbmpleted 1 06/13/2002 08/06/02 116,206.85 6,116.15 122,323.00 2 08/07/2002 09/06/02 31,955.15 7,798.00 155,960.00 3 09/07/2002 10/03/02 14,900.90 1,647.10 164,710.00 Material on Hand Total Pavment to Date $163,062.90 Oriqinal Contract $158,803.00 Retainaoe Pav No. 3 1,647.10 Chanqe Orders $8,750.00 Total Amount Earned $164,710.00 Revised Contract $167,553.00 1_- ~16911_23~E93.~IS _ !i ! TO: Honorable Mayor and Council Members FROM: Kris Sweeney, Account Clerk IT ,~ SUBJECT: Banyon Data Systems (Meter Device Interface Module) DATE: October 18, 2002 Please find the attached proposal for the purchase of a module that will assist in the operation of the Invensys Meter Read Equipment and Software allowing staff to transfer meter readings from a DOS platform to a windows platform using our current Utility Billing software. The Invensys software is only capable of reading meters and will not interface with our system without the purchase of this module. Thank you for your consideration of this matter. J Oct. 16 02 02:59p BAN YON DATA SYSTEM 9528827734 p.l Banyon Data Systems, Inc. 101 W Burnsville Pkwy Suite 112 Burnsville, MN 55337 Phone (800) 229-1130 Fax (952) 882-7734 Name CITY OF CENTERVILLE Address; 1880 MAIN STREET CItyIStateJZlp: CENTERVILLE M 5503 Phone (6;5"/) 1'.29-3:.02. Date: 10/18/2002 Fax: (651) 429-8629 Contact: CHRIS METER DEVICE INTERFACE MODULE $1.296.00 < $1.296.00 e;.nycln Dilts 5ySlems, inc. lJereby propo"$ to prcvlde the above .taWd produet and "riles In ac;c;urc:!lIncl'l with the above $pecificatioM. All Prodllct and !Service is lJtlill'8nte.d 81 specified. Any modificatiOn or alteration 'CD above $~l't'l(;jflCatlonll Involving s,wa coats wfll be eXeclJwd Gilly upon wfl~n Qrdel'$ .nd wi11 tl.oc.o n. extra etulrge 0 Ir aM allo'ie the 6&t\me.te. Thl, proposal may b9 wlth.d~"'\'I, by Blnytln Data: SY.$tenuli, Inc. If not aocepted w 0 days An aJ I l1anC;e Ind Uppt:lrt of updates ara;lvalloble- vIa Intsmet transfar. Sanyon Cab sys18ms S'Qna'tUrv. ACCiPT.ANCEGF pROPDS,Al... lhe above litl.ted C(lsts. apeclftc.ttonallna eoncmlon...... SIltiffaclory and are hereby lI"~Pl.ed. Sanyon Ollila sy&tfm.. Inc.l; !Ulilorlz.ed 10 ~roviglil the produc;;ts and servIces.. spfelflod. paym.nt .MIl bEt maoe wlttlln 3D days of pf(lChJ<;t(s) delivery. D3tc of Acceptance_ ~_-__ Signature: v..'ww.banvon.cOll1 banyondata@ilotmaii.;:om CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 9, 2002 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 9,2002, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mari Nelson Council Member BrousSoo,...." VI......'...... ~..e,... f'b....., Council Member Capra !~\\i ~ D None.':. r?@'\1,I7@@ O\~~U b ''0 ABSENT: STAFF: City Administrator, Ms. Moore-Sykes City Engineer, Mr. Tom Peterson City Attorney, Mr. Jim Hoeft . I. CALL TO ORDER Mayor Swedberg called the October 9, 2002, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Swedberg requested that a discussion of requesting proposals for auditor services be added as Item 14, financials on the web be added as item 15, and security at Centerville Elementary during the election be added as Item 16. Council Member Capra requested that rental property and cable commission franchise update be added under updates. Motion by Council Member Nelson seconded by Council Member Capra to approve the ae:enda as amended. All in favor. Motion carried unanimously. III. A W ARDSJPRESENTATIONSJAPPEARANCES None. IV. PUBLIC HEARING(S) 1. Mr. & Mrs. John Buckbee. III - Rezone Request Page 1 of 13 Mayor Swedberg indicated the Buckbee property rezone public hearing was to be held at the Planning and Zoning meeting earlier this month but there waS not a quorum at that meeting so it could not be held. He then explained that the notice was placed in the paper for this meeting but residents within 350 feet were not notified by letter as is required so the public hearing could not be held at this meeting. City Attorney Hoeft confirmed that in order for the public hearing to be held residents within 350 feet ofthe subject property needed to be sent a letter and that did not happen. He then explained that residents could speak to the issue if they chose but noted the comments would not be part of the public record for the public hearing on the rezoning. Ms. Moore-Sykes asked how this would affect the 60-day rule. City Attorney Hoeft indicated there were several options available to the City, including getting the applicant to sign an extension, having the City extend the timeframe on its own due to lack of quorum at the Planning Commission meeting, or denying the request so as not to go past the 60 days. Council Member Capra indicated the date on the application is September 6, 2002. Ms. Moore-Sykes indicated the November Planning Commission meeting was rescheduled to November 12, 2002 due to the election. < Council Member Nelson indicated residents could speak tonight and at the public hearing if they wished to do so. City Attorney Hoeft recommended placing the matter on the next Council agenda and said that Staff would determine what needed to be done concerning the 60-day time frame. Council Member Nelson indicated she would like to hear anyone who wished to speak and then said that she would like to have a recommendation from Planning and Zoning somehow. Ms. Moore-Sykes indicated the second public hearing could be held on November 12,2002 at the Planning Commission meeting and Staff could provide the recommendation to Council at the November 13, 2002 Council meeting. Mayor Swedberg confirmed that the first public hearing on the Buckbee rezoning would be held on October 23, 2002 at the Council meeting. Council Member Capra asked if residents could submit letters for the public hearing if they wanted to rather than coming back. City Attorney Hoeft indicated that residents could submit letters to be part of the public record for the public hearing. A resident indicated that the map provided was not accurate. City Attorney Hoeft indicated the map provided was for reference only and noted that the property lines are controlled by the legal descriptions. He then indicated that Rice Creek would not become involved in the process until there was a request for development. He further commented that he did receive comments from Page 2 of 13 the St. Paul Water Utility concerning some private restrictions between the owner and the utility but those should not impact the rezoning request. Ms. Moore-Sykes indicated the map provided was received from the County and is not a City map. Mayor Swedberg asked Mr. Peterson to provide City Staff with a more accurate map to send to residents. A resident asked questions about the CI property and commented that he understood that to be land set aside for conservation. Council indicated that CI was a designation made for future trails but indicated the City did not own the property and refusing to rezone it would amount to a taking of property. A resident indicated the proposed road easement would go right into the CI property. She then asked how that would work. Mrs. Buckbee indicated that it is her understanding that zoning wise there is no legal definition as to where Cl or R2 begins. She further commented that there is no legal description for the CI designation. A resident asked for something that makes sense to regular people on the documents when the land is referred to rather than the land survey information. Mayor Swedberg explained that for legal reasons the land survey information must be used as that is how the property is legally described. He then asked Staff to provide as much information to residents as possible with the next notice. A resident asked if the rezoning would affect the use of the property such as the grandfathered uses, would those be eliminated with the rezoning. Council Member Broussard Vickers indicated the existing usage stays whatever it is until the property is redeveloped. City Attorney Hoeft confirmed Council Member Broussard Vickers comment but indicated further discussion on proposed development was premature because Council has not made the detennination whether the property would be rezoned. Mrs. Buckbee asked whether the rezoning was contingent upon preliminary plat approval. Ms. Moore-Sykes indicated that one must happen before the other but the rezoning is not contingent upon the preliminary plat approval. City Attorney Hoeft indicated the City could not conditionally rezone the property. A resident asked if they have to wait until the property is rezoned to see what impact it would have on City water and sewer. Page 3 of 13 Mayor Swedberg indicated one could assume that if the property is rezoned and developed that water and sewer would come off Mill Road or from Lakeland Hills. A resident asked if the roads would be the responsibility of the developer or if the homeowners would be assessed. Council Member Broussard Vickers indicated it was impossible to address that until the property is rezoned and a plan for development has been provided to Council. A resident commented that the neighborhood is concerned and feels that the land should not be developed at all because it is lowland. He then said that he lives up hill from the property and he has water issues. Mr. Dave Gagne (Gagne Development), 50 Groveland Terrace, Minneapolis indicated he has been working with the Buckbees on developing the property. He then indicated that the some of the survey and topography work was completed and he would have preliminary information concerning the development available within a few weeks. Mr. Leon Moran of 1743 Peltier Lake Drive asked if he would be assessed for a road if the property is developed. Mayor Swedberg indicated that Council has not been given a plan for development and could not answer his question at this time. Council Member Broussard Vickers explained that the developer would be responsible for all roads within the development but noted that residents may be assessed for roads and utilities that run along their property frontage. V. COUNCIL BUSINESS 1. Woods of Clearwater Creek! Acorn Creek Park Trail Ms. Moore-Sykes indicated Council Member Broussard Vickers had asked that this item be added to the agenda. Council Member Broussard Vickers indicated that the Parks and Recreation Committee was concerned that nothing changed with the structure at the park and water wiiJ run underneath and the same problem would happen. Mr. Peterson indicated he had been out to check the structure and there is enough cover over it to hold the pipes down. He then explained that the issue was heaving and noted that the structure is built the way the watershed desired to be built. He further explained that there is a skimmer in front that holds back green slime and it is doing what it is supposed to do. Page 4 of 13 Council Member Capra indicated she had been told that the structure is not handicapped accessible. Mr. Peterson indicated it is ramped up but said it was done on purpose and is what the watershed desired. 2. Laurie LaMotte Park Recommendation - Parking Lot Paving Park Dedication Fees Mayor Swedberg commented that before doing something for cars he desired to build playground equipment, basketball hoops, or something else for the kids. He also commented that he would prefer to use the money for safe trails to move residents rather than for cars. Council Member Broussard Vickers indicated that the Parks and Recreation Committee feels the parking lot is a priority because the lot is deteriorating and there are issues with vehicles driving where they are not supposed to. Council Member Travis asked if it was the intent to have it completed this year. He then commented that he felt it would cost twice as much to do the paving this year as it would to do it next spring. Council Member Broussard Vickers indicated that the Parks and Recreation Committee has a local contractor who has agreed to do it this year. Council Member Travis said he would recommend waiting for spring. Council Member Capra expressed concern with paving the parking lot in light of anticipated future construction as the construction traffic could damage the parking lot. Council Member Nelson indicated she agreed with Council Member Travis on waiting until spring. Motion by Council Member Nelson, seconded by Mayor Swedber!! to deny the request to expend UP to $49,500 in park dedication fees to pave the parkin!! lot at Laurie LaMotte Park. Ayes 3, Nays - 2 (TraYis/Broussard Vickers). Motion carried. 3. Mr. Bill Bisek. Rock'n Hollvwoods Noise Permit Request Mr. Bisek indicated the band was able to make changes in their schedule to work around the 7:00 p.m. to 11:00 p.m. time frame. Motion by Council Member Capra, seconded by Council Member Nelson to approve a noise permit for Mr. Bisek for the Rock'n Hollywoods event on October 12,2002 from 7:00 p.m. to 11:00 p.m. All in favor. Motion carried unanimously. Page 5 of 13 Mr. Bisek asked if someone from the City could fax over the permit approval to the police department because last year there was confusion over the matter. Ms. Moore- Sykes agreed to fax the permit to the police department. 4. Mr. Dave Kichler. Electrical Inspection/State of Minnesota Ms. Moore-Sykes indicated that she and Mr. Cook had met with Dave Kichler who is an electrical inspector for the state and is also a private electrical inspector. She then indicated that Mr. Kichler has expressed an interest in performing the inspections for the City as a state inspector and continuing the duties as a private consultant if approved by Council. Ms. Moore-Sykes explained that due to the required paperwork, Mr. Kichler could not start state inspections until November 1, 2002 but could start private consulting immediately. Motion by Conncil Member Broussard Vickers. seconded by Council Member Travis to approve the use of Dave Kichler as the City's electrical inspector for a 60- day triallleriod. All in favor. Motion carried unanimously. 5. Resolution #02-041. Bond Sale (Pheasant Marsh) . Mr. Eilertson provided information to Council on the bond sale. He then indicated the letter in packets described how Juran & Moody's Staff created Northland Securities which is a newly created company that does the same thing that Juran & Moody used to do. Council Member Nelson asked if this was a name change or a different business. Mr. Eilertson indicated that Juran & Moody exists in name only and explained that the parent company holds the name but 100% of the people have left to create the new company. He then pointed out that when issuing the bond tonight he is here for Juran & Moody and that will continue on this bond sale, but after today, it would be Council's decision as to whom to use for financing. City Attorney Hoeft indicated that the City appoints a financial advisor at the beginning of each year and would need to decide whom to use. Mayor Swedberg reviewed the bond information. Council Member Broussard Vickers asked if the bond includes the earlier call date as requested. Mr. Eilertson indicated that the call date was listed as February 1, 2007 and that is one year earlier than would be typical. He then indicated he had asked if there was any rise in rates for the early call date and was told that the rate may have been affected by approximately 1/1 oth of a point so there was no real detrimental impact to the City. Page 6 of 13 Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve Resolution #02-041 as presented. All in favor. Motion carried unanimously. 6. Resolution #02-045, Cafeteria Plan Motion by Council Member Capra. seconded by Council Member Nelson to table Resolution #02-045. Resolution #02-050. and the Committee/Commission By-laws to the next work session. All in favor. Motion carried unanimously. Council Member Nelson indicated she would like to have a nepotism policy added to the personnel policy and then handed out information from the discussion concerning the by- laws. 7. Resolution #02-046, Transfers in Preparation for 2002 Audit Ms. Paulseth indicated that this is a housekeeping issue cleaning up the deficit and obsolete accounts and the transfers in no way affect the financial position of the City. She then indicated the City had 57 funds and the Resolution would reduce that to 25. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Resolution #02-046 as presented. All in favor. Motion carried unanimously. Mayor Swedberg commented that the general fund would be paying for the deficit accounts, Ms, Paulseth explained that the net effect on the general fund would be $ LOO,OOO but noted the general fund would carry a $ I 00,000 receivable for the capital proj ects fund. City Attorney Hoeft indicated he had asked for a memo from the attorney handling the collection of the capital funds but had not received it. He then said he could get something to the City by e-mail later in the week. Mayor Swedberg asked if everyone on the list has responded to the City. Ms. Moore- Sykes indicated that not everyone has responded, Council Member Capra indicated she thought that Council had directed the Attorney to prepare documents and move forward on these matters in September. City Attorney Hoeft indicated that he understood the direction to be to proceed with collection on the two that have said they were not going to pay. He then said that his office is working on standard documentation for the matter and would use that standard documentation modified slightly for each case. Council Member Capra said she would like something sent to the developers in a letter format indicating the City will be collecting the amounts owed. City Attorney Hoeft Page 7 of 13 indicated his office could send out letters asking for payment and indicating that the City has authorized them to proceed with collection. It was the consent of Council to direct the City Attorney to send letters to the developers with deficit accounts asking for payment and indicating that the City intended to proceed with collection. Mayor Swedberg asked why the storm water improvement projects capital project fund was not an enterprise fund. Ms. Paulseth indicated it was set up that way by the City's accounting firm. She then said she would look into making it an enterprise fund. Mayor Swedberg asked why Staff was not eliminating the downtown redevelopment fund as it shows a negative balance. Ms. Paulseth indicated that Staff had decided to leave the account open because there is the possibility of some downtown redevelopment with the County Road 14 improvements. It was the consent of Council to leave the downtown redevelopment fund open at this time. Mayor Swedberg asked if the City needed to have a gambling revenue fund. Ms. Paulseth indicated there was no need for the account as the money could be accounted for in the general fund. Mayor Swedberg asked Staff to bring a resolution for consideration for a future meeting to close that account. Mayor Swedberg asked why the recycling fund has a negative balance. Ms. Paulseth indicated she would be bringing information to the next Council Meeting to close that account out. She then said that it has been negative for a number of years and Staff has been unable to determine why. Mayor Swedberg asked why the savings and CD interest are not accounted for in the general fund. Ms. Paulseth indicated Staff was moving toward that and has been working on the portfolio. 8. Resolution #02-047. Resolution Supporting the Establishment of a Tri-City Coalition Ms. Moore-Sykes explained that as a result of the last Tri-City meeting, Staff had been asked to seek support of a resolution forming a Tri-City Coalition with Lino Lakes, Hugo and Centerville to work for the betterment of the communities in regard to land use, traffic and municipal services. . "-,,, Motion bv Council Member Nelson. seconded bv Council Member Capra to approve Resolution #02-047 as presented. All in favor. Motion carried unanimously. Page 8 of 13 Mayor Swedberg addressed the reporter in attendance and said he thought what she did in the paper was unfair journalism. 9. Resolution #02-048, Calling for a Public Hearing on Proposed Assessments for County Road 14 Watermain Extension Motion bv Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #02-048 as presented. All in favor. Motion carried unanimously. 10. Resolution #02-049, Calling for a Public Hearing on Proposed Assessments for Pheasant Marsh Phase I Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #02-049 as presented. All in favor. Motion carried unanimously. City Attorney Hoeft explained that all assessments are going against the developer and he will assess that against the lots so the City is going through the formal process although it would not be necessary. < 11. Resolution #02-050. Personnel Policy This matter was tabled previously in the mceting. 12. Request for Purchase of Council Chambers Audio! Equipment Video Ms. Moore-Sykes indicated Staff is seeking approval for the purchase of additional video and audio equipment as discussed previously. Council Member Capra indicated the high end VCR's are needed to have the type of playbacks the City would like to have. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to authorize the expenditure of funds from the cable fund for the purchase of a $1.500 camera, $1.035 for VCR's, and a television for $340 as requested by Staff. All in favor. Motion carried unanimously. 13. Standardizing Committee/Commission Bv-Laws This item was tabled previously in the meeting. 14. Audit Motion bv Mavor Swedberg, seconded by Council Member Nelson to direct Staff to place an advertisement with the League of Minnesota Cities for the purpose of Page 9 of 13 relluestinl! audit proposals for 2003. Aves - 4. Navs - O. Abstain - l(Broussard Vickers). Motion carried. 15. Election Securitv at Centerville Elementary Mayor Swedberg indicated it was brought to his attention at the Police Commission meeting that voters had to travel through a large portion of the elementary school to get to the gym to vote. He then asked if Council wanted to consider moving the polling location back to City Hall. Council Member Capra explained that during the primary the front entrance was under construction but that has now been completed so access to the school will be much less this time. Ms. Moore-Sykes indicated the City was in constant contact with the school during the primary as the City was concerned with the safety of the children. Council Member Capra indicated that with the front entrance completed it is a straight shot from the front entrance to the gym and back out. Council Member Broussard Vickers indicated the City had received permission frbm the principal. 16. Financials on the Web. Mayor Swedberg said he feels the financials should be posted on the web. VI. CONSENT AGENDA 1. The City of CenterviJle October 1, 2002 through October 9, 2002 Claims for Approval 2. Centennial Fire District October 3, 2002 Claims 3. Amt Construction Company Pay Estimate #2 (pheasant Marsh II) 4. Penn Contracting Pay Estimate #1 (Lift Station #1 Renovation) - $38,386.89 5. Centennial Fire Charitable Gambling Check Council Member Capra asked that Item 5 be removed for discussion. Motion bv Council Member Nelson. seconded bv Council Member Travis to approve Consent Al!enda Items 1 throul!h 4 as presented. All in favor. Motion carried unanimouslv. Council Member Capra asked for clarification on the charitable gambling check. Staff explained that the City receives the funds from the Fire Relief Association and then provides those monies to the Fire Department as per the ordinance. Page 10 of 13 Motion by Council Member Capra, seconded by Council Member Broussard Vickers to accept the Centennial Fire Charitable Gamblin!!: Check in the amount of $12,000. All in favor. Motion carried unanimously. VII. APPROVAL OF COUNCIL MINUTES I. September 25. 2002 Council Meeting Minutes Motion by Council Member Nelson seconded by Council Member Travis to approve the September 25, 2002 Council Meetin!!: Minntes as presented. All in favor. Capra Abstained. Motion carded. VIII. ANNOUNCEMENTSIUPDATES 1. 1540 Peltier Lake Drive City Attorney Hoeft indicated that the City had obtained and executed an administrative search warrant on the property last week. He then indicated that the warrant was to go onto the property and into the structures to determine the condition there of He further explained the property owner was in attendance and officials determined that she'would not be allowed to remain on the property. City Attorney Hoeft indicated the owner voluntarily left the property and the City is now working with the property owner and a son to determine what the next steps will be to get the property cleaned up. Ms. Moore-Sykes asked the resident to leave her address so she can be contacted when things will be moved to avoid the potential dangerous. City Attorney Hoeft indicated that residents were not contacted when the search warrant was executed because there was no intent to move or distnrb anything, just to document the situation. The resident in attendance cautioned that when things are disturbed the wildlife and vermin will be looking for places to relocate. 2. Capital Proiects The update was given earlier in the meeting. 3. Right of Way Ordinance City Attorney Hoeft indicated he had not yet finished his review but it seems that the form is a standard format generated for the City. Page II of 13 Council Member Travis indicated he would like someone to explain why the City needs a right-of-way ordinance because he is concerned that it is just a way to add fees for services and raise rates. Ms. Moore-Sykes explained that the right-of-way ordinance would give the City the right to manage its rights of way. 4. Pending Issues Ms. Paulseth indicated that the City has a significant amount of money at the bank in Hugo and she would like authorization to transfer that to Main Street Bank in Centerville as the rates are better there. Motion by Council Member Nelson. seconded by Council Member Capra to authorize Staff to trausfer funds from the US Bank in HUl!:o to Main Street Bank in Centerville. All in favor. Motion carried unanimously. Motion by Conncil Member Nelson. seconded by Council Member Travis to approve the Minutes of the September 16. 2002 City Council work session meetinl!: as presented. All in favor. Vickers and Capra Abstained. Motion carried. . Council Member Capra indicated that she had learned that it would cost the City approximately $5,000 to bring the property up to standards for rental. She then indicated that she had told Ms. Copeland that she did not think it would be feasible for the City to do so and asked Council how they wished to respond to the matter. Council agreed to have Staff send a letter to Ms. Copeland indicating that it is not financially feasible for the City at this time. Ms. Moore-Sykes indicated there would be a public hearing at the October 23, 2002 Council Meeting on the cable franchise agreement. Council Member Nelson asked for an update on the three hours of overtime for Mr. Palzer for the September 11, 2002 meeting. Ms. Moore-Sykes indicated that she is in continued discussions with Mr. Palzer on the Issue. Council Member Nelson indicated the letter had been received from St. Genevieve asking that the road be closed. Council Member Broussard Vickers asked if the property would be given to the property owner when the road is closed. City Attorney Hoeft explained that if the City goes through the vacation process operation of law would determine to whom the property is given. Page 12 of 13 Council Member Broussard Vickers said that she would like to vacate the road because the City would still have to plow and maintain it if it was made into a dead end rather than vacated. Council asked Staff to contact the church concerning the vacation as well as the County and put the matter to the next meeting agenda for discussion. Council Member Nelson indicated the EDC had asked Council to consider allowing people who work in Centerville but do not live in or own the business to be allowed to sit on the EDC. She then indicated she would like to discuss the matter at the next work sessIOn. Ms. Moore-Sykes indicated the City Clerk had asked whether the by-laws should go to all the Committees for feedback. Ms. Moore-Sykes indicated that someone from Sensus had come to install the software on the computer but it has been determined that a dedicated telephone line is necessary and the City Clerk is looking into the costs of that service. Council Member Broussard Vickers asked if there were enough homes with the equipment installed to justify the costs of the dedicated phone line. Ms. Moore'Sykes indicated that all new homes have the equipment and Staff would like to conduct a test with the businesses across the street to determine if the software will work. She then indicated that the cost of the dedicated phone line would be approximately $46. IX. ADJOURNMENT Motion bv Council Member Capra seconded by Council Member Nelson to adiourn the October 9, 2002 City Council Meetine: at 8:26 p.m. All in favor. Motion carried nnanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13 " -:":~\' . FYI f i r f. [ I , , , l ;c~~"... October 15, 2002 Centerville City Hall 1880 Main SI. Centervi/le, MN 55038 651-429-3232 Honorable Mayor and Council Members, Enclosed you will find a petition signed by the residents that live on Meadow Court and Meadow Lane in the Parkview development that is affected by Meadow Court NOT having a "DEAD END" sign. We are requesting the City post a "DEAD END" sign on Meadow Court. This street gets many cars throughout each day that end up just turning around because it is not posted at the beginning of the street. It would surely help cut down the unnecessary traffic on this street if you could post a sign at the start of the street. < Please contact me with any questions and with the decision you have made at 651-426-7892 Thank you, u.- ~.\ -;...r-IL"-'. j--tU:.L/ '- / Gina Paar (Neighborhood Crime Watch Captain) 6984 Meadow Circle Centerville, MN 55038 See enclosure L_ _ ATTENTION those of you affected by Meadow Court NOT having a "DEAD END" sign. Please sign the following petition with your name and address if you would like the City of Centerville to post a "DEAD END" sign on Meadow Court. Thank you! Name Address j " c' /"1/7 '. /.. , .. /~. "f'-.(I(}>.... '".. t> ~f <j I /u:cJ{wd,j/,../....J-,/Z, .,..,_,,_ I ~ " (/)77 j')jLJ.d;;--v<J Q:.( ,?--.L~~~'-j4--l'l1aA~~ ...--..~..-- 4 i""'","" (,,~,:'~~~-;C) "--~?~:;~(,0~,<z2:.. r-----~.- - --.'F.> :-.;;-?-/:"-:~_ -'//?<_/~Siiz~~~,_i;L(>---i=______~__, ___...____.__n-=_____ ..-,_~ 5~Ltli'7'~ j:lfn \ ID\v 0 ~.!b).... lo.9j<(:7) IY)ei\qicl,'lj (oelft- 6; , , ,': '//. /'":'. /'. . "'4/ '7 / /' ,'.. j,' /, ;:,/,,-/.:1.. ""-~,//-.c+<.> f -6--.~I>/:<~/,' .I ,/, ,.-' -,['(,~P':..~:,;;"'5":f..:: .?/f> '" ______ 7 (:j,\,-y..';"'. :(.~J;;,-t,. /'(,.;~c:--)-y''''.~,.tJ,/~\~I~,' :>j> <7"'L(_c.~(r-l..~/~ (',c.'t:.-..i___; 8" 'l:' ,-~ tr i \;'\ 'i'I),' \ \C:~--' (, [{ ,~~;:i\,<~:,. ,~~..-::- (l,---------'- -.. 9'\)6.'\. ,).T",~, 'K"'-d''''~C ___ _(. '1 laD r"'''<,Jc~.<:_C:L_ ____ 10 -r;::{j or 'Y- In I ('Cn #Zl S k / 10 9'10 . ,f71..tJac;{e i.V' (! I- 11~m,,Q,dL;() c? ()l,-LL.&&~~ . lI~li~k',w {-Jv, 12 13 14 15 16 17 18 19 20 21 22 23 r.>"~_. , J October 15, 2002 Centerville City Hall 1880 Main St. Centerville, MN 55038 651-429-3232 Honorable Mayor and Council Members, Enclosed you will find a petition signed by the residents that live in the Parkview development. This development includes the streets of Meadow lane, Meadow Circle, and Meadow Court. We are requesting the City to post 'SLOW-Watch for Children" or 'SLOW-Children at Play" signs at either end of Meadow lane. This street is used as a short cut to other neighborhoods and we have witnessed cars that seem to be exceeding the speed limits when 'cutting through'. We are askin.9 for these signs since there are many children that live in this neighborhood. In an attempt to reduce speeds on this road for the safety of our children, we would appreciate you taking into consideration this request and post these signs as soon as possible. Please contact me with any questions and with the decision you have made at 651-426-7892 Thank you, j) &~/~t./~' Gina Paar (Neighborhood Crime Watch Captain) 6984 Meadow Circle Centerville, MN 55038 ' See enclosure ( . ATTENTION EVERf'bNt! . -',)2"". Meadow Lane is often used as a "cut-through" to and '. neighborhoods. Since our neighborhood has many children, we're peti~have the City of Centerville post two signs. One sign posted at the comer of Meadow Lane & Centerville Road and the other sign posted at the comer of Meadow Lane & Dupre Road. The signs will read: "SLOW - Children at Play" OR "SLOW ~ Watch/or Children". If you would like to see these signs posted by the City of Centerville, please sign . below with your name and address. . Thank you! < Name Address 1 2 3 (~~\s'~ ~,\ r",Il.;\CI'c::cs:F~"~~' 4 ".:::>L<-- t~ /(i,<'_"_>_::,j ,,/', ,c,~'::,:;(~> 5 .' n -iJ ..... "..,-., . - '1' C7 . 'y{>:V\. ~"cC.':';J .' . .~.. '~"'" C;? '7? 5 IVI Fit 1/0,,"-.' .~.L fL... '_._.~_~._ 6 i",tJ^'. ,. h~_ \ ,.'.. ,'i ( , .. t ".. ,.-' \::...-:.').\ i.Li 17 :-;-,;.')ie, iJ~ _h.'lr ..____0(".1';\0 '.. /Vtuu;Ln,.(.l al,.L]i..~_ 7'V' . J / .', ,,7../. . /.'7 'I' . A . / 8 ;'k~it"h. ":;'/~'?<:c~jJ:-/'~/! f ;}/_/. J ( e?a"'I'~. ) ~(. '--:'-i~- ;-;,' !/i""'1 ~ ,;f-A_~\ J>.i.'r!:v, ~TC.~'i.L,- . . -~3'-...m .c.<'2~...,,=-- ,'-.:''''~____ 9 -{J"VY',- 00.\-... VC\.:~ , 61'0\,\- _._~Le~it-i'i nlNiJf'cJ (.f _ _._ 10 ~ \~"'\ ~ffi.~,,-', . rV'~l~"Li"-'- _______ __________U_ (, Q. I~ €~._t ~ dc. -'u_ C '1~___._.____,_____ 11 , '.j ~i s: :1/hi vrl! Iki;...l~ 'I1th,_ 17m VV1r (;I d rJvJ L j!l~___~__,~.____ _~ 12 ~--r;-dt{ ."t' ,'T/; j~;d"Y1 #L s~(L._ .. .& Cf.fu.jl.1.eAdc1 r;l._ (j~_m. __,........_., 13;;%~~I-:g_>~. .~__m'. (;,<;"75 It ii <.~_ . "-- 14 .' -., ,-r -- .., .' 7 . d .. j' ~ <..dJ . t. ',,J 0 :./€ ,,/c:,e-,>c;.v.-_ I () T _iklL'!.I2L...:J..kL"~t. '__...'___ 15 /]/1.,;;et ~C'-L.- &;<17<;' (}1uAkv C~ ~__ 16 ~_ ;?Lit''"' /7$""1 /I'/!t)'~c.4.I.-""";''''' L.-r,-:..~. I . .,:+"~==-,,><=-~~ /,,'1'1 J' ''VII1J'" j.. " i., .. I. ff!~}-O~f t.-l i"",,(;'A!'\...~. ~ ------ --- . i2 ' " ') 17 /C\~Q,e bveLc;~,-_~:l. D{~~ 1'2y-c"'::2>__ n~ VV~~~~4~:~ .~~ 18./...-;~.,. .,,'-'.... ".'\ 31 <:::'.' c \'---h."8. '\ i '(.1-1 i' . J\.;'(" ~ 'l' { n "". "" .... '_-. . ", r~ - -- ---,,-_.- _._~- --..---"-'-- \1)" l.J Ii '.' :0.:._ J./ ~(~--'\ ____~____. 19 (_iL:'}>_'~ ::: /~,J\;,...i " _~_ :":--<_:;;.-.;:.: ~ t!~~\_. _,i..C::~_""i. "",:_ '_~_.j'-~:.,i'-<~ 20 fo~'y- ~"?f . G-k-lr~k.ib'~~-T=_'~6~-7-;;- ~?&,.-- Cw~J:5 21 =r ~t~ '* fv\ (t\'-;i,_._(1'ttl~\r.15D~~_ /~ -___=~.?;qG(-_ !'r1{~vt,.,~0.- C,~-,:~_~=-~= ;; ! 2: ~~:~~ L\J~~~L~ -:~~~;;:t: _~:~'Jfc_~._ 24 -") I . . . _.u_ .. -- -- --. .. ; 'V',I) I ^ / ' (.,. // 'flrlra\,__1(,,:[;/('\(V}\ ,LA.- _,_.,_ ___.,',,________ ~--0L(O~ f\l\'.A';4d:L~ _~ [{'-1__ ~ e{~..e/(.V~ 25 (,lo.Lye. ~. J:'e\L...N\"1-L<,,--=..... .......... ". __.-i'12-':\-...i'!1~,).ck"L.L-N~.c:zl::f'-\lili.e._ 26 /:.,;fJ/1~,-;~li/~"~/( --1~t/?::A7C~'- -----JJ3S..-tb1QdYrJL~.{Cc~_eW ((~? 27' ~Arief 'i... ,e:iIt.0'r_t__________________17do;'2 1~1.~~<Jwhtl-,(<c~~._."VUe, ;~ fi--:o.~6iJ/ /~, r1/ c{>c/ r 7 'f '5 ~^1A-:'.o.d U\';i W;-L r C.e,.,-teP/; ( i (. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 < ", STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #72 AN ORDINANCE ESTABLISHING BY-LAWS/RULES FOR THE ORGANIZATION AND PROCEDURES OF ALL CITY COMMITTEE AND COMMISSIONS For the purpose of this document the term Commission and Committee will be used interchangeably. Policy will refer to Commissioners and Committee Members alike. The Council of the City of Centerville ordains: The purpose of this committee is advisory and may make recommendations to the City Council for consideration regarding matters relating to this committee. SECTION 1. AUTHORITY < The Committee has the authority to conduct investigations and to make recommendations, however may not make decisions on behalf of the Council. Committees are subject to the same rules as the City Council under the open meeting laws. The Council's final decision, however, and not the Committee's recommendation, binds the City. The Committee may not enter into a contract, employ workers, or authorize expenditures. SECTION 2. ELIGIBILITY Any resident of the City of Centerville is eligible to apply as a Committee member. This individual is welcome to serve on a Committee at one (1) time. SECTION 3. APPOINTMENTS Each member of the Committee will be appointed by the City Council via a letter of interest submitted to the City Administrator. This same action will take place if a vacancy should happen. On an annual basis the City Administrator will receive a letter of interest from those remaining on the Committee if an active member desires to remain on the Committee and same will be forwarded to Council for consideration. This letter will be received by the City Administrator no later than November 1 of each year. SECTION 4. APPOINTMENTS OF OFFICERS ;'1 At the first meeting of the year the Committee will appoint by majority vote a Chair and a Vice Chair. The Chair and Vice Chair will serve for a period of one (1) year and may not serve consecutively in their same capacities. SECTION 5. OFFICERS DUTIES The Chairperson shall preserve order, enforce the rules of procedure herein prescribed and determined without debate, subject to the final decision of the Commission/Commission on appeal, all questions of procedure and order. The Chairperson will also give leadership; sign reports, write correspondence to be signed by either the City Administrator or the Mayor; compile or assist in the preparation of the agenda as authorized by the Committee; and appoint task forces as authorized by the City Council. The Vice Chairperson shall support and assist the Chairperson; preside over the Committee meetings in the absence of the Chairperson; fill the office of the Chairperson if a vacancy should arise. Appeal: Any Committee Member may appeal a decision of the Chair. To do this, a Committee Member states, "I appeal the decision of the chair", immediately after the chair announces the decision. (Recognition from the Chair is not necessary when making an appeal. The appeal must be seconded, is debatable, and cannot be amended. After the debate, the Committee votes on the Chair's decision. A majority of "yes" votes upholds the decision of the Chair, and a majority of "no" votes overrules the decision. A tie vote sustains the ruling. The Chair may vote to uphold his or her own ruling. If no one appeals a ruling as soon as the Chair makes it, it becomes the rule of the Committee. SECTION 6. MEETINGS 1. REGULAR MEETINGS Regular meetings of the Committee shall be held on the same day of each calendar month at same time, set by the Committee and approved by the Council. Any regular meeting falling upon a holiday shall be re-scheduled by the Committee for an alternative date, with enough time to be properly noticed to the public. The City Clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the City Clerk's office. All meetings, including special emergency meetings, shall be held at City Hall unless otherwise specifically noticed. 2. SPECIAL MEETINGS Any three (3) members of the Committee may call a special meeting of the Committee upon at least 24 hours written notice to each member of the Committee and City Clerk. This notice shall be delivered personally to each member, or left at the member's usual place of residence with some responsible person. Similar written notice shall be mailed at least three days prior to the meeting date to those who have requested notice of such special meetings. This request must be in writing and filed with the City Clerk, designating an official address where notice may be mailed. Such request will be valid for one (1) year. 3. EMERGENCY MEETINGS Any three (3) members of the Committee may call an emergency meeting of the Committee when circumstances require the immediate consideration of the Committee. Notice may be in writing personally delivered to Committee members or may be in the form of personal telephone communication. Notice must include the date, time place, and purpose of such a meeting. Where practical, the Clerk shall make an effort to contact news-gathering organizations that have filed a request to receive notice of special meetings. SECTION 7. PUBLIC NOTICE & OPEN MEETING PUBLIC NOTICE: The City Clerk must post written notice of the date, time, place, and purpose of the meeting on the City Hall bulletin board. Notice of meetings must be posted at least three days before the date of the meeting. The City will publish public notice in the official newspaper, at least three days before the meeting for all special meetings: < When the performance of an act is ordered within a "fixed period of time", the time is computed as excluding the first day and including the last day of the prescribed or "fixed time period", unless the last day falls on a Saturday, Sunday or legal holiday. For example, if a meeUng is scheduled for a Thursday, notice has to be given on Monday to meet the three-day notice provision. In this scenario, Tuesday is day one, Wednesday is day two, and Thursday is day three. Monday is not included in the time computation. Similarly, if a special meeting is planned for Monday, notice must be given on Friday; Saturday and Sunday are included in the time computation since they are not the last day of the fixed period. If the Committee meets where a quorum is in attendance, the City must make public notice. OPEN MEETING LAW: Under the Minnesota Open Meeting Law, all City Committee meetings must be open to the public. The open meeting law serves three vital purposes: 1. To prohibit actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; 2. To ensure the public's right to be informed; and 3. To give the public an opportunity to present its views. The law prohibits the use of telephone conversations, e-mail, or letters in a decision-making process among a quorum of members designed to avoid an open meeting. Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty up to $300 for a single occurrence. The public body may not pay the penalty. SECTION 8. MINUTES The Committee must keep a full and accurate record of its actions at every committee meeting. The City Clerk records the committee proceedings in a minute book. In the absence of the City Staff member to take the minutes, the Committee should delegate the duty of taking minutes for that meeting. The minutes should be written in language and in terms the average citizen understands. If the Committee finds a mistake in the minutes of the previous meeting, the minutes will be corrected during the current meeting and reflected in the minutes. Once the Committee has formally approved the minutes of any meeting, the minutes should not be changed under any circumstances. Because minutes. are official papers of the city, the clerk should sign them. Minute books are public records and must be available for public view at any reasonable time. The following information should be included in the minutes: . The time and place of the meeting; . The members present; · A summary of all decisions made by the Committee, including a copy of each motion exactly as stated, whether or not the motion had a second and, if the motion was seconded, whether or not the Committee adopted it, and the names of the people who made and seconded the motion; and, · The names of the Committee Member who voted either for or against each motion. SECTION 9. ORDER OF BUSINESS Each meeting of the Committee shall convene at the time and place appointed. Committee business shall be conducted in the following order: 1 . Call to Order 2. Public Hearings 3. Appearances 4. Old Business 5. New Business 6. Discussion Items 7. Consideration of Minutes 8. Adjournment The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of the hearing. The Chair person/staff liaison shall prepare an agenda of business for each regular Committee meeting and file a copy in the office of the Clerk. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each Committee member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Committee present. The Chairperson/staff liaison shall see that at least one (1) copy of printed materials relating to agenda items is available to the public in the meeting room while the Committee considers their subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to those materials that are classified as other than public under the Minnesota Data Practices Act or materials from closed meetings. SECTION 10. MOTIONS: The Committee transacts business through motions made by Committee Members. These motions are seconded, and subsequently passed or rejected by Committee vote. The Committee Member states his or her motion. (Usually in the following form: "I move. . . text of the motion."). The Committee Member making a motion does not need to favor it or vote for it. The Committee Member may wish to put the issue before the Committee so a decision can be made. Another Committee Member then seconds the motion by saying: "I second the motion." The Chair recognizes the motion and opens the pending motion to discussion. The presiding officer calls for the vote at the end of the discussions and announces the result of the vote. MOTION TO RECONSIDER: This motion enables a Committee to set aside a vote it previously took, and to reconsider the matter as though it had not voted on the issue. Oniy a person who originally voted on the prevailing side may move to reconsider. Make the motion by saying, "I move to reconsider . . . stating the motion to be reconsidered. . ." The Committee may debate the motion. If the Committee passes the motion to reconsider, it must then reconsider the original motion and take another vote. If the Committee defeats a motion to reconsider, no further action is necessary. MOTION TO POSTPONE INDEFINITELY: There is an Important difference between the motion to postpone Indefinitely and the motion to postpone temporarily. The motion to postpone temporarily is more commonly called a motion to "lay on the table" or '10 table." The motion to postpone, postpones consideration of the motion until some undetermined, future time. The Committee may consider a tabled motion whenever a majority of the members decide to do so. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. Thus, the issue can be raised again only by a motion made by someone on the prevailing side of the vote since, unless someone changes his or her mind, the motion to postpone will once again prevail. MOTION TO LIMIT DEBATE: A Committee may limit debate by placing a time limit on debate, such as a iimit of 3 minutes to consider a particular motion; or limiting the number of people who may speak for and against a certain motion, such as a limit of three speakers in favor and three speakers opposed. MOTION TO AMEND: Committee Members may offer amendments to a main motion at any Ume. In addiUon, it is possible to amend an amendment currently under consideration. Beyond this, Committee Members can offer no further amendments. When a member has made a motion to amend, the vote on the amendment must precede the vote on the originai motion. After the Committee has accepted or rejected the amendment, another vote on the original motion is necessary. MOTION TO SUBSTITUTE: This is a motion to replace one motion with another on the same subject. A Committee Member may move to substitute a main motion or an amendment to a main motion. One form for making a substitute motion is to say, "I wish to introduce the following substitute motion. . . present the substitute motion. . :' When a subsUlule motion is before the Committee, the Committee must decide which of the two motions, the originai motion or the substitute motion, to consider. The Committee must vote on the question. A "yes" vote favors considering the substitute motion. A "no" vote favors considering the original motion. The Committee must then discuss and vote on the selected motion. < SECTION 11. QUORUM At all Committee meetings a majority of the appointed members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. SECTION 12. VOTING The votes of the members on any questions may be taken in any manner which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. Any member that is present but does not vote, the minutes as to that member's name, shall be recorded as an abstention. SECTION 13. COUNCIL LIAISON The Committee may request from the Council a Liaison to attend their meetings. Council may elect to appoint a Council Liaison to the Committee. The liaison will act as a communicator to and from the Council/Committee. SECTION 14. REMOVAL FROM COMMITTEE PARTICIPATION Any member of the Committee may remove themselves from participation in the Committee by a letter of resignation being submitted to the City Administrator. Any member of the Committee may be removed by Council. , I SECTION 15. COMPENSATION All Committee members shall serve without compensation unless a stipend has been set by Council for meeting attendance and at the Council's pleasure. SECTION 16. BUDGET On or before the first day of July, the Committee shall submit to Council a budget request for anticipated expenditures for the upcoming year. SECTION 17. EXPENDITURES Expenditures of the Committee shall be within amounts appropriated by the Council. The Committee is not allowed to expend funds or order any items. All requests will be forwarded to the City Administrator for approval and ordering. The Finance Director will submit to the Committee a report setting forth in detail a complete report of all expenditures incurred during the year by January 1. Such report will be approved by the Committee and forwarded to Council for review. SECTION 18. REFERRAL AND REPORTS < Any matter brought before the Committee for consideration will be acted on promptly and forwarded to Council for consideration. SECTION 19. GIFTS A Committee Member may not accept a gift from an interested person. An "interested person" is a person or a representative of a person or association with a direct financial interest in a decision the Committee is authorized to make. The definition of an interested person implies that city officials who are authorized to make recommendations that could impact someone financially also cannot accept gifts. Virtually every resident of the city and anyone doing business in the city could at some time have a direct financial interest in a decision or recommendation a city official is authorized to make and thus would qualify as an interested person; such as the issuing of a license or zoning of a property or granting of a land use permit. A "gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. The decision or recommendation a city official is authorized to make does not have to be pending or probable. If the city official is authorized to make that decision or recommendation, then a person who could at any time have a direct financial interest in that decision or recommendation is an interested person and any gift from that person is prohibited. SECTION 20. CONFLICT OF INTEREST A Committee Member may not have a direct or indirect personal, financial interest in any issue before the Committee where the Committee has authority to make recommendations to the City Council. Such Committee Member must abstain from participating in the Committee discussion and from voting on these issues. Specific issues of conflict may include zoning, local improvements, issuance of licenses and permits, and contracts to be recommended to Council. SECTION 21. INCOMPATIBLE OFFICES If a Committee Member receives a certificate of election to the City Councilor Mayor office, the individual is considered to have resigned from the Committee. SECTION 22. AMENDMENT OF RULES The City of Centerville reserves the right to change the provIsions of these bylaws from time to time without notice. These bylaws supersede all prior committee bylaws. < Mayor Attested City Clerk Sent By: Great Lakas Management Co.; 1111 I; ! J.;: ! II I :IJ; I.." I 1.,,;, , Ui '1:,: 1'.' MIry Both D_ eily M CentervlIII Jolm R_ T1In YotIIoo ji ,1,::: 763 377 7387; ru ,"",65t~ '""'~ fell: ~ eae:z Oct-? -02 15: 28 j .).:'.'. t): t .) <, l n j Chauncey Barett Gardens F I C~ntervll/e. MN T~axecutjve Marketing Summary I$+ptember 30 . October 6, 2002 Ji: i ,',:: I 18R i A Total Units 2 Leased this Period 0 Total Units Leased 2 TOTA.L " LEASED .,.' r 100% I , I Vacancies , Totell Units Vacant 0 Total Units Occupied 2 1 8R+DEN D 6 o 6 101m o 6 Page 111 " . I SRF CONSULTING GROUP, I I N C. Transportation' Civil. Structural. Environmental. Planning. Traffic. Landscape Architecture. Parking October 22, 2002 Ms. Kim Moore-Sykes City Administrator CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 Subject: Eagle Brook Environmental Assessment Worksheet (EA W) Distribution Dear Ms. Moore-Sykes: Enclosed is the EA W for the proposed Eagle Brook Church in the City of Lino Lakes. This document will be distributed to the entire EQB distribution list as well as other agencies involved in the planning and review of this project, and will be available at the Centennial Branch of the Anoka County Public Library, as well as Lino Lakes City Hall. The abstract is as follows: Eagle Brook Church proposes a new church on a 91.2-acre site located in Lino Lakes on County State Aid Highway (CSAH) 21, J1I4 miles north of CSAH 14. The church will be approximately 88,000 square feet and provide seating for 2,100 people, with potential for 700 additional seats. Parking is planned for 1,100 vehicles with potential to add 350 spaces. Construction is planned to begin in April 2003. The comment period for the EA W starts on October 28,2002 and ends on November 27,2002. Please submit all comments in writing to the following: Mr. Jeff Smyser City Planner City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014 Sincerely, SRF Consulting Group, Inc. ~~ Environmental Planner enclosureOne Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010. Fax (763) 475-2429. http:/ /www.srfconsulting.com An Equal Opportunity Emplayer