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HomeMy WebLinkAbout1995 07-24 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 24, 1995 Council Chambers, Municipal Building Meeting No. 95 -14 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Meeting 95 -13 (July 10, 1995) E. APPROVAL OF AGENDA EA. PRESENTATIONS NONE F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims_ 2. Change of Managers: Chi Chi's, 3069 White Bear Avenue 3. Change Orders: Western Hills Park G. PUBLIC HEARINGS NONE H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Grandview Addition (Carver Avenue) Code Variation Preliminary, 2. First Evangelical Free Church (Hazelwood Street) Conditional Use Permit Revision 3. Parkview Townhouses (Londin Lane) Zoning Map Changes - Findings to Deny 4. Cable Communications_ Franchise Ordinance - 2nd Reading 5. Joint Powers Agreement - Hockey Arena J. NEW BUSINESS 1. Staff Appeal of Building Materials - Cub Foods and Home Depot, Maplewood Retail 2. Preliminary Approval of 1995 Improvement and Refunding Bonds 3. Amendment of TIF Plan for Purchase of Property Adjacent to Communit y Center 4. Open Space Progress Report 5. Managed Care Contract with CorVel 6. Alarm Systems K. VISITOR PRESENTATIONS L. COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. N. ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 109 1995 1 - rt Council Chambers, Municipal Building Meeting No. 95 013 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Counci 1 Chambers Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Acting Mayor Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. -. APPROVAL OF MINUTES: 1. Minutes of Meeting 95 -12, (June 26, 1995) Acti ng Mayor Carl son moved ; to aDpro a the mi nutes , of Meeti.nq No . 95 -12 (June 2 =19951 as presented. Seconded by Councilmember Allenspach Ayes all E. APPROVAL OF AGENDA: Acting Mayor Carlson moved to approve the Agenda as amended: 1 Handicapped Parking 2 Angle Parking 3 Update on Construction Projects 4 Remove F3 From the Agenda 5 Add J-5: V. F. W Gambling Permit Application Seconded by Mayor Bastian Ayes - all EA. APPOINTMENTS /PRESENTATIONS NONE F .. ONSENT AGENDA: Councilmember Ko pp en moved., seconded by Rossbach: ayes - all, to approve the Consent ,Agenda, items F -1. F -2 and F -4 as recommended. (Item F-3 removed from Agenda). 7 -10 -95 1 L Approval of Cl aims Approved the following claims: ACCOUNTS PAYABLE: $1,150,321.58 Checks #5105 - #5205 Dated 6 -15 -95 thru 6 -29 -95 $ 135 165.15 Checks #26074 - #26252 Dated 7 -10 -95 $1 Total Accounts Payable P AYROLL: 295 Payroll Checks #82163 thru #82444 Dated 6.•30 -95 $ 24 686.51 Payroll Deduction Checks #82449 thru #82457 dated 6 -30 -95 $ 319 Total Payroll $106059236.04 GRAND TOTAL 2. Conditional Use Permit Review - Used Vehicle Sales Lot (Highway 61) Reviewed and approved for a one. year time extension, a Conditional Use Permit for sale of used motor vehicles at a lot on the east side of Highway 61 south of County Road D. subject to the June 1.39 1994 City Council conditions. The CUP will be reviewed again on July 10, 1996. 3. Conditional Use Permit Review - Cohost Site (Beam Avenue) REMOVED FROM AGENDA 4. Crime Prevention Presentations Accepted the progress report of the Police Department crime prevention program activities. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:07 P.M.): Cable Communications Franchise and Cooperative Agreement a. Acting Mayor Carlson convened the meeting for a public hearing regarding a new joint and cooperative. agreement creating the Ramsey /Washington Counties- Suburban Cable Commission and -a franchise ordinance and agreement. b. Manager McGuire presented the staff report. c. Assistant City Manager Maglich presented the specifics of the report. d. Acting Mayor Carlson opened the public hearing, calling for proponents or opponents. The following persons were heard: Joe Mareno, 2272 Craig Place 4 1 Ir 1 7 -10 -95 e. Acting Mayor Carlson closed the public hearing. f Mayor Bastian in„ troduced the. following Resolution and moved its adoption: 95 -07 -82 RESOLUTION APPROVING ADOPTING OF A JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION A CABLE COMMUNICATIONS FRANCHISE AND APPROVING ENRANCE BY THE CITY OF MAPLEWOOD INTO THE RAMSEY /WASHINGTON COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION II WHEREAS, the City of Maplewood thereinafter "City ") is currently a member of the Ramsey /Washington Suburban Cable Communications Commission .(" Commission ") ; and WHEREAS, the Commission is a Joint Powers Commission organized pursuant to Minnesota Statutes § 238, as amended, which consists of the following municipalities: Birchwood Village, Dellwood, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale Vadnais Heights, White Bear Lake, Wil lernie, and the Townships of Grant and White Bear (Hereinafter "Member Municipalities "); and WHEREAS, the Commission in 1983 granted a Franchise authorizing the Construction, operation and maintenance of a cable communications system which Franchise is now held by Group W Cable of the Ramsey /Washington, Inc. d /b /a/ Meredith Cable Company ( "Meredith "); and WHEREAS, the Commission has actively administered and enforced the Franchise on behalf of the Member Municipalities; and WHEREAS, the City desires to dissolve the original Commission and create a successor Commission ( "Commission II ") pursuant to.Minnesota Statutes § 471 by adoption of a revised Joint and Cooperative Agreement for the Administration of a Cable Communications Franchise. NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood hereby adopts and enters into a Joint and Cooperative Agreement for the Administration of a Cable Communications Franchise creating the Ramsey /Washington Counties Suburban Cable Communications Commission I_I. FURTHER, the City of PP Maplewood appoints as its director Mayor Gary p Bastian and as its alternate director Councilmember Dale Carlson. Seconded by Councilmember Koppen g. Councilmember Koppen Be ■ ■ Seconded by Mayor Bastian Ayes - all le to approve first reading communications system in Ayes - all 7 -10 -95 i tv. 3 2. 7:15 P.M. (7:19 P.M.): First Evangelical Free Church (Hazelwood Street) a. A ctin g Mayor Carlson convened the meeting for a public hearing regarding Y a p ro p osal to change a Conditional Use Permit in order to add 133 more parking spaces arkin s and landscaping to the south side of the parking lot at P 2696 Hazelwood Street. b. Manager McGuire presented.the staff report ' Community Development nt Col eman resented the specifics of the c. Director of Co y pme p report. f Community Development Coleman d. Director o y resented the Planning Commission p P report. e. Actin g Y P Mayor Carlson opened the public hearing, calling for proponents or opponents. The following persons were heard: William McCombs, representing Dennis Batty Associates Terry Hjelmgren, 2682 Germain Court John Gregerson, representing the Church Mrs. Hawkins, 2681 Germain Court RaJ 'i Vidyashankar, 2460 E. King Avenue (Community Design Review Board) Ed Hawkins, 2681 Germain Court f. Actin g Mayor or Carlson closed the public hearing. Councilmember Ko en moved to table this item for two weeks Jul 24 g. PP _ - 1995 to allow the Church and the nei hbors to have discussions Seconded b y Mayor Bastian Ayes - all 3. 7:30 P.M. (8;05 P.M.): Parkview Townhouses (Londin Lane) a. Acting Mayor Carlson convened the meeting for a public hearing regarding a ro osal to build a 116 -unit, owner - occupied, townhome development p P between Lower Afton Road and Londin Lane, west of Connemara Condomi ni ums . b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d Director of Community Development Coleman presented the Planning Commission report. e. Acting Mayor Carlson opened the public hearing, calling for proponents or opponents. The following persons were heard: Al Black, Manager of Town and Country Townhomes Larry Petterman, representing the developer Bill Miller, 395 Crestview Drive Jody Nelson, 385 Crestview Drive Dennis Palmer, 338 McKnight Road Ron Hammery, Connemara 2 7 -10 -95 4 p Neva Starke Connemara 2 Doris Peterson, 346 McKnight Road David Brisebois, 384 Crestview Drive Ed Vakulskas, 374 Crestview Drive Gary Hi ztman, 365 Crestview Drive Richard Peterson, 2445 Londin Lane Virginia Peterson, 2445 Londin Lane Emil Sturzenegger, Connemara 2 Julia'Archer, 422 Dorland Road Kathleen Laska, 2332 Dorland Road Dick Ruedy, 2455 Londin Lane Warren Wasescha, 2581 Pond Avenue John Gozum, 2431 Pond Avenue Jerry Hicke, 2455 Londin Lane Ron Young, 439 Marnie Sundaravel Damodaran, 394 Highpoint Curve Bill Donovan, 2465 Connemara 1 Paul Neuheissen, 412 Highpoint Curve Ms Kirscht 376 Highpoint Curve Midell Crudo, Connemara 2 Charles Zellmer, 2284 Londin Lane Bill Miller, 395 Crestview Drive Dick Ruedy, 2455 Londin Lane f. Acting Mayor Carlson closed the public hearing. g. The developer requested a delay to August 14, 1995. Zoning Map Change (CO and F to R -3) Zoning Map Change (F to LBC) h. Mayor Bastian moved to table the zoning map changes to July 24, 1995 for finding of facts. Seconded by Councilmember Koppen Ayes - all Preliminary Plat Site Plan Approval i. Mayor Bastian moved to table the pr lminary plat and site plan.to the July 24, 1995 meeting. Seconded by Councilmember Koppen Ayes - all COUNCIU4EMBER ROSSBACH MOVED TO WAIVE THE RULES OF PROCEDURE TO CONTINUE THE AGENDA PAST THE DEADLINE SECONDED BY MAYOR BASTIAN 7 -10 -95 AYES - ALL 5 H. AWARD OF BIDS NONE I UNFINISHED BUSINESS NONE J. NEW BUSINESS 1. Maple Lane Request a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayer tastian m N moved to lace this item on a Council /Mang er Workshop agenda. Seconded by Acting Mayor Carlson Ayes - all 2. Street Light Request a. Manager McGuire presented the staff report. b. Die P r Director of Public Works Haider resented the specifics of the report. c. Acting Mayor Carlson asked if anyone wished to speak before the Council regarding this matter. The following was heard: Jeanine Mareno, 2272 Craig Place, sent a petition signed by area residents. d. Mayor Bastian moved to approve the installation of a street light on Craig Place. Seconded by Acting Mayor Carlson Ayes - all 3. LCMR Project Resolution a. Manager McGuire presented.the staff report. b. Director P for of Public Works Haider resented the specifics of the report. c. Actin g Mayor or Carlson introduced the following Resolution and moved its adoption: 7 -10 -95 6 tf 95 - 07- 83 INNOVATIVE STORM WATER NANAGEMENT PROJECT RESOLUTION WHEREAS, the City of Maplewood. intends to construct an innovative storm water management system; WHEREAS, the City has applied for and has been approved pp pp ed to receive funding through the LCMR program; WHEREAS, the City has applied for and received approval PP to receive funding through the Minnesota Pollution Control Agency 319 Program; WHEREAS the City has matching funds available 1 abl e i n the City t 9 y .State Aid street construction funds; NOW, THEREFORE, BE -IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD p MINNESOTA as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct the Innovative Storm Water Management Project in the Gladstone neighborhood. 2. The City Engineer is designated engineer for this improvement 9 p t and is hereby directed to prepare plans and specifications and other necessary documents for the making of said improvement. 3. The Finance Director is hereby authorized to make financial transfers necessary to implement the financing p lan for the project as follows: $165,000 State aid 1009000 LCMR grant 79 MPCA 319 grant Seconded by Councilmember Allenspach Ayes - all 4. Charitable Gambling Requests a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. C* -- - Seconded by Acting Mayor Carlson Ayes - all lations ifter a 7-10-95 ert r the Heritage Theater, spoke to the Council d. Don Weig p 9 . regarding n their i office r e q uest for funds to obtain o ce suppl es , g g q flashlights, production and sound equipment, and building mater ia 1s . ' n moved to a rove a donation of $4 150 for the H eritac e. Mayor Bast �p - Theater. The wire e 1 ss headsets would be allocated to the Communit Center. Seconded by Acting Mayor Carlson Ayes - all Children's Librarian, s p o ke to the Council f. Karen Byerl Po l about the needs for shelving bins, tables and chairs for the Children , s Room. Act i ng Mayor Carlson moved to a rove a donation of J9.408 to the Act g y g• Maplewood Librar for the Children's Room. Seconded by Councilmember Koppen Ayes - all 5. V.F.W. Post 8901 Gambling Permit a. Manager McGuire presented the staff report. b. John McNulty, rep V.F.W. Post 8901, explained the request. c. Councilmember Ko en moved to waive the 30-day re uirement for a Charitable Gambling Permit as re nested b the V.F.W. Seconded by Acting Mayor Carlson Ayes - all K. VISITOR PRESENTATIONS 1. Orville Kemp, 1995 E. Laurie Road a. Mr. Kemp stated his neighbor is accumulating various buildings and vehicles, and the grass is very tall. b . Council directed staff to investigate the situation . c. Council directed staff to review-relative Ordinances. 2. Kevin Berglund a. Mr. Berglund stated he watched the meeting on Cable and they did an excellent job. He also commented on the Charitable Gambling grants, especially the Maplewood Library grant. b. Mr. Berglund complimented the Mayor on his eloquent statements regarding the Parkview Townhouse project. IM 7 -10 -95 8 r L. COUNCIL PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS ACTING MAYOR CARLSON CONGRATULATED ASSISTANT CITY MANAGER MAGLICH ON HER NEW POSITION WITH THE STATE OF MINNESOTA. N. ADJOURNMENT OF MEETING 11:49 P.M. Lucille E. Aurelius, City Clerk 7 -10 -95 9 t AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director — RE: APPROVAL OF CLAIMS DATE: July 17, 1995 It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYAT- 3T.F,� $ 978, 797.63 Checks # 5206 thru # 5269 Dated 6 -30 -95 thru 7 -12 -95 $_ 70.69 Checks # 20863 thru # 20995 Dated 7 -24 -95 $ 1, 049, 481.62 Total Accounts Payable PAYROT.. $ 266, 295.60 Payroll Checks # 82506 thru # 82783 Dated 7 -14 -95 4408.03 Payroll Deduction Checks # 82788 thru # 82807 Dated 7 -14 -95 10. Payroll Checks # 82471 thru # 82488 thru Dated 7 -7 -95 $ 321,066.63 Total Payrolls 1 GRAND TOTAL Attached is a detailed listing of these claims. lz AttachmentSF1NANCE /APPRCLVI2.AGN V()I.J([•IRE::2 C"P:1 "I"Y .(:)••*, VIAPL.EWOOD: F: A 0% E I Y 07/1.4/95 08:.- 38 V()t.j(:*e*i--11*I:ti/(*.**Pl.il"C%,I( REGIIS) • rE:. fir" 2 3 v C.) U Cp l"i 1-* R 4 GFILUK VENDOR _rTEIVI CHECK 5 3: FIT 3:011.1 AMOUNT AMOUNT 6 7 52 0',6 - '0 - ep i 7 7) Q 7 75 . . . . . . . . . . R E- 5 T BAN K Mll%]'H%.I-X-)C) 'A --67-350/9'55-7 4 1 3 8 6/30/95 F'VR Dl'--*DIJC'f ION 4 920, 1. 7 9 6 /,.S 0 9, P/ R DEDUCTI ON 1 - 9 Iris 87 10 -5 2 0 7 06/30/95 54:1.400 lvl:l:l%ll%l.. ':*rA*Y*I:- *T*I:Zl:.:A"%LJRII:Z MOTOR VIJI I ... ICd% PAYABLIE 8 68 50 ,..8. 3 ,868.50 12 13 (YE-f- 0 6 -35 0795 - !. 4. � l� , �a^' • RT O H' ' N ... 5WIX 1 .1�(�' '{i w # � 1 a• �].�q yi ,j tl��r»lF a • .. ^^�i - • t } - ii •i '.R../. _ ..... __ �. j ., ., R .r ". i:a ----. _ .... .: -_^ a"r. :.. ` S . l C: 14 5209 06/30/95 190400 I)E:F-'*T.* OF- NATUR $AL. I i -KI: )% C) t J R S E -.3 Dl%ll* 3: C*3 R 'I DISI FT E' F$ A-YABLE .., 11,60-00 z 56()..00 16 17 521 06/30/9,*5 190400 DEPT. (:)I•:* NATURAL Dl-,IR 132.00 132.00 18 19 %114- 1 .11 06/ 7:)(Y2V5 F' MR U I M JC�T*I OR ,., 7 8, 10 6:8'a 20 K 6/16/95 P/R, DEDUCOTION 160 646.72 9 753.50 21 22 ♦ 2" 1 J r A% 06/30/95 23 7 7- 1, r.7A R) 0 0 11 f ... %J f L:T o--- -LJ 0 y - �31313 Q 333 00 r 24 5 21 06/30/95 943500 W:L%c%)C*,'(:)1'4,c%):[ N DET"Y'.. OF REVENUE JUP-1E 95 WE I nO59.04. 1.059.04 25 26 27 TOTAL C# K -S 1 1. 4.4 024 1 28 29 30 31 32 33 34 35 36 38 39 40 41 4*3 •4 45 46 47 48 49 50 51 52 53 54 57L 55 56 r �J I U m E 11 07/1-4/95 08 4-0 It 1. VOU'CIFIFER 5214 7 / 0 3 / 51 1,5 52V,5 07/03/95 CITY OF I"IAF:#L..r.::W(:)(:)I) F: A. (3 E 07 VI.: I'mcm VENDOR T E: lyl o r 9','501 ,5 50630 52:1.6 07/03/95 2,*.-*)'0500 07/0%**)/95 701100 _V1 L K CAJARTEF� FAYIIIENT 2 2 0 3 KEN -JI%lD GRADT NG E: ' :(:'I:ZC)W Fq :* ( * — ... ... % 7806 :L.,000..00 5. 3915 00 5.5,064.00 60.l 4 %57., 00 5218 0 0 %— . -)/95 302580 GI ... ADl*%T()I-%IE F-1FUE Dl::11::'*Y',. TI-41RD QUARTI: *R TIME: Col.OGl< 7: UTTI ... 11"11H.13 25 -V 75.1 00 75..00 EAST (:J%(:)t.JI,4'Y*Y :*I::,,y,., I... lI,,IE F-11:�J . : 1) ... . .. .. CAJARTIER 6.1 867 ,. 00 ___ _ .._�_. _ _...- - R*T* . GXJA ER F:'AYIYIE:I-,I'T' 14-11 RD CIUARTER F,AYIYIE::I%I* 70., 1'''.1. . 25 76. 98S.. 25 07/0%**)/95 701100 PARKSIDUE ... 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I••I.1.I••':: }KY? f: }t.1I4I#:} .Li4lL, t t"{.. ..14If�I�It. G ... ti.. ,. ... a _ _,. N :'.4ir'ir : L 07/24/95 `:f: {�;: + {�E ::f T';l:I��i::: t::E:a Ftil.:l �'t :C 1:+;': 1 I1:l: I' 1'T'/ .i:! I a t::l...E :: ''i :f.' 5 4 7 5 4 54 J ._ , ._._� 55 �y J:ti �.� �, . . �. �. S .f'� �•a f•� ♦ t t Y i 1... .� �: }/` a �� '.) f ' 0 ,�.�� { J��, 2 C }7 �',�..4 9 %i L 3'.. }��550 irJ�lt:al : : :1�4,:} Jf1t.1�:�:1 :1411:,: }.:} ,. }�''.: }'r' : ::i i,:} .. •'.I , I I 5G VOL)CA.-IRE2 CP11TY OF ITIAFII ... ENC)CM) F` . A C 3 E :L 2 -I /I / r--. In f f*,% .. art -1 .... .... V LJ It.) Le F A ka F-I U IN IA C. Ul .1..::) I I:% IA 07 C. %e I - - I E Cl I< c 1- - I F C IF-( VENDOR VEKINIDOR _MUM BEFz- --­-----­-----­NA- M Et- _S . ov c r, To T . 20993 07/24/9%5. 9 3 :1. S 1,50 WARI-11ING) OF Vill BARFUCAINI:7. 130ANDIS 434 '%'5 2 --- ---- ---- -- 2 5 20994 07/24/9%5 9 4 0 5%_ w 1 E C3 E. RIT rl 1) C) N C%•I GJ A ITI 1.4 1 ... :1 N C** F U 1-4 1) 2 3 S Elo 2,3',(3 *- 2099',5 07/24/9'5 940700 %: % .I. w E: 1 3 Cl 0 1) 1 I S T R .1 E UT U FT* L 1 E S E. T 28..00 28..00 TOTAL Ce"FIECOKS 935. ,457..46 .. ........... Ii 1 4 19 K ARRY .1 Cling: 00825ZO: 07/14/9'5 ANDREA J. OSTER CIO 80012b 2-1 07'/ 1 9.5 WILLIAM MIKISKA 210m40 00R2F,22 5" E 1 1 7A JAMES BHAN 0 081 2 5 2. :- 07/14/91,55 DA NI EL. F PAUL 2 0082524 0 1 4 /9 55 LINDA ZICK 1 0- 7 -1 -1 A 19 WEENDY K1 AGER 1 *2117"7 t i 008 2.0 5 z 6 0 T H 1 - 5 DEBORAH DEHN 8 0 .33 10 0Oes25z7 07/14/95 RICHARD HANGSLEBEN 1 1 7015 a 12 Q 1 4- 1 Al ANA K MANEY—q 6*19 9 1 of 0 E's 2 5 Z 9 07/1 MARGARET GIBBS 459 .37 008Z530 OT/14/95 DEL13RES A VIGNALO 1 334 5 12 (MR27.&II (i Z 1 1 4,1 9 1H A R 0 1 E I ANnF-RqnN 6:3:7a. R 00921.53z 0 T 1 95. J:UDY DeBILZAN. 4 T"3 4 9 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURREN'r PAY PERIOD 0001 CHECK NUMBER C:H EC K: D A 7 E ED PA-YE E AMOUNT .0082.5-06- 0 0 2--m 2 .5 07/14i95- OZ oL-1 A i!.RH DALE CARS SON c P ci k G9 30104. 0082 07 1 4/9 5� 0004oloo, "allow #,V-w Dow-mw S HERRY ALLEN SPACH 0082509 00g:75 1 0 07/14/95 07 1 Ai95 GARY W BAST IAN m A R11 I N vappi;--m 3 4 m1Z C-1 I 9 2 0082511 7 SHERYL LE WSW 008Z512 QQR 7K 1.'4 07/14/95 6 7 1 1 4 12 -N" MICHAEL A McGUIRE THERLSE CARI -qCIN 3 37 7=41, z 2 2-2 008251 4 07114195 PATRICIA HENSLEY 318* 72 0082515 00 1 A 07/14/95 0711419-5-5 GRETCHEN MAGLICH A T 0082517' 0 7 /.1 /9. 5- DAVID J JAHN aF -or o' 'loo, W. oW 009 Z!5 1 Is 07/14/95 GREGORY J PIEKARSK 1 52 *51 0 1 4 19 K ARRY .1 Cling: 00825ZO: 07/14/9'5 ANDREA J. OSTER CIO 80012b 2-1 07'/ 1 9.5 WILLIAM MIKISKA 210m40 00R2F,22 5" E 1 1 7A JAMES BHAN 0 081 2 5 2. :- 07/14/91,55 DA NI EL. F PAUL 2 0082524 0 1 4 /9 55 LINDA ZICK 1 0- 7 -1 -1 A 19 WEENDY K1 AGER 1 *2117"7 t i 008 2.0 5 z 6 0 T H 1 - 5 DEBORAH DEHN 8 0 .33 10 0Oes25z7 07/14/95 RICHARD HANGSLEBEN 1 1 7015 a 12 Q 1 4- 1 Al ANA K MANEY—q 6*19 9 1 of 0 E's 2 5 Z 9 07/1 MARGARET GIBBS 459 .37 008Z530 OT/14/95 DEL13RES A VIGNALO 1 334 5 12 (MR27.&II (i Z 1 1 4,1 9 1H A R 0 1 E I ANnF-RqnN 6:3:7a. R 00921.53z 0 T 1 95. J:UDY DeBILZAN. 4 T"3 4 9 CITY OF MAPLEWOOD 0,002 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER ,.CHECK D PAYEE. AMOUNT Fil 0082533 07/14/y.-5 LUCILLE E AURELIUS Z 002245524 OZ11419S a. P A rQ I C T A F R Y 0082535 07/14/.951. LO I S�, BEHN 008Z536 07/14i95 CONNIE L KELSEY 659u2Z 0 0 2 2 - fi 21 7 (47-/l A 19K Bn I% I h l I W 1 JOHNSOR !4 7 9:3 4 %aw l6w 00-8Z538 0 T 41. 91.5 .�LORRAINE S VIETO 1 0082539 07714/95 CAROL JAGOE 1 a z I I A 19 54 R A hl R r- r R ;Z CAQl P 2!29 6 7 I %. w e 008215.41 07/14/95 SANDRA OLSON 811 x25 01082-542 07714/95 MARY KAY PALANK 1 2542 07 11 4 Z!R 5 K"'wlxlf;_lw V CrAl I A 0 rows.. OOSZ544 0 1 41 9 5 CAROLE L RI CHIE 0082545 07/14/95 JOANNE M SVENDSEN 1 arls 29"r A& 07 1 1 11 1p E i I I 4. elick 5.r -w 0� aw 4 P 0 w bm %mm 00P2547 07/1,4/9-5 ELAI.NE FULLER 61Z -*92 0088548 OT/14/95 CAROL F MART I 1,209u75 I A 7 8:7 5 4 9 -07 11 4 195- MJCWAE�l PvAhl 34 00825501 071 14/95 R13BERT D NELSON, 0 07/14195 VERNON T STILL 1 RR, R OZ1141951 R T C-6 H A R MOESCHT-M 00825F.i LAURA WATCZAK 1 3 1 3 1. 07 11 Ai95 nQhlAf 1) U RICAi MAN Fil • 0082553 07/14/95- STEVEN Hl E-BERT 1 0082654 07/14/95 SCOTT L STEFFEN 2 0 0 ISR _2 ME F JOHN I R A N I-C k 7— 0 2Z 147- 008 Z51 '756 O-T/14/95 STANLEY BELDE: 1 0.082557 07/1 41195 JOHN C BOHL 2 RR, R OZ1141951 R T C-6 H A R MOESCHT-M 00825F.i LAURA WATCZAK 1 3 1 3 1. CITY OF MAPLE WOOD 0003 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CH8.CK NUMBER: CRUX D.A.TED PAYEE AMOUNT 0 OR: 7-fi 7- A 0 7 1 4 19 RICK A IP13WM 2 9 -2 4 008Z560 07/14/95 JAMES YOUNGREN 2 a cjr&2E 07114.195- Ir 0 M AS 1 SZ7 r,7 r-- P- A N 6 K 1 1 7 7-!2 QQ 00825T8 07/14/95 OW 1 008 0711. 4/ 95 CA 8 D T V WEL-CHLI N: 1 008256 07/14/95 RICHARD J LANG 1 7 45. 2 5 6 4 0 7 11 4 t!a s PAIII r W 1 C7 N W 15.4% 1 ooR7sR7 f "k JEW VW; o " M 4w 0088565: OT/1*/95 DALE RAZSKAZGFF 1 7 4 9 0082566 07/14/95 MICHAEL J HERBERT 1 0082584 07/14/95 NA R-L Al ] oll 1 4125 5— aw BMW Nw t 2 fe', 0 0 8 21-56c 8�, 07 i 4 9 5 .`L T I Mj:)L rHY FLOR 1 875 o3l 0082569 07/14/95 RICHARD C DREGER 7, 007.87 7 - oz I I it 195 K-o— 0 ft It 'W 6 --W a -of 4b O08L257 1 , 07'/ 1 9 1-5. ALICE DUNS 1 00825TZ 07 / 1 4 / 55 GREGORY L STAFNE 1 I 871 s86 0 A 2 R 2 EC V R ROWAi 13 11 R 0082574 OT/1-4/95. KEV I N R HALWEG 2 0082575 07/14/955 DERRELL T STOCKTON 1 0 OR: 7-fi 7- A 0 7 1 4 19 RICK A IP13WM 2 9 -2 4 00e 2.5 77 07114/95, FL I T, D KARIS Z 065. 00825T8 07/14/95 STEPHEN J.HEINZ 1 0082572 (1111 41.95 J C-1 H- W-- S- 0082580 _ OT/ 14/9.5- -E -R,,A- DAVID J THOMALLA Z 0082581 07/14/95 KEVIN RABBETT 1 ooR7sR7 ')W I 008-25e3 07/ 1 4/ -5 ST EVEN: PALMA. 2 0082584 07/14/95 PAUL 'EVERSON oll 1 4125 mf:I-YNnA RJORKMAN t 2 fe', 0082-586 07/14/95.. St Q*T T A. ANDREWS. 1 875 o3l CITY OF MAPLEWOOD 0004 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURREN7 PAY PERIOD CHECK NUMBER C.KECK DATED PAYEE AMOUNT. A I IN n&--Rq 00821587 07/14/95 ROBERT E VORWERK i ez5 gi 00825R-8- 7 1 19 .5 .110SPRH A BERAERON 1 24 • 0082-589 07/14/95 JAMES MEEHAN 0082590 07/14/95 JON A MELANDER 2 0 0 8 2 F, 9 1 0 71 A I 9 1H S A R A H A I IN n&--Rq 008Z59Z or./14/95. JAMES M EMBERTS ON • 1 008,2593 07 14 9 15. DUANE J WILLIAMS 853 *24 2591 7 -7 0 7- 1 _5 .1 A NE I I RABINP 1 4 2 Ps w o 7 OOSZ595 07114/95 JULIE A S.T A H N K 1 * '?Z35 OO8Z596 07/14/95 SCOTT K BOYER 1 4 12 1 -Nn A ADEI SON A I A -555 0 0 25 9 c, DA 1 D , L ARNOLD 2,00T.48T 00825990 07/14/95 WALTER LAFFERTY 1 -1 -1 -9 55 .111-15ZERH FEHR 1 4 01 59) 008z6o1 'JILL PETERS 638855 0082602 0T 14 95 5F JAYME L FLAUGHER 1 *84 1 Z 25 RENEE BODINg 4- EQ A - -22' 0082604 OT/ 14/95: KENNETH 6 HAIDES Z,591*48 0082605 07/14/95 JUDY M CHLEBECK 1 A A G Z -1 41 5, WIll T A M R I I= E R i v -53 41 -7 1 .0 o 8 z 4 T 07/1.4/95 GERALD W MEYER 1 0082608 07/14/95 MICHAEL R KANE 1 4 19 5. R—R-YAN NAAEl - A.5 3 0082610 OT/14/9-5 DAVID P LUTE 0082611 07/14/9-5 JAMES DARST 1 I 14L2_5 LANCE LUNDRIEN '7j 0082613 07/14/95 JOHN SCHMOOCK 11449a9Z CITY OF MAPLE OD 000.5 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD ,CHECK NUMBER -�CHECK, DATED PAYEE AMOUNT 0082614 07/14/95 RONALD J HELEY 1 rloQz ` 15-- h- 9 00826.1-6. DT/ 1 4/11& ftw- RONALD L FREBERG. 1 0082617 07/14/95 0:7 t 1 4 19 5 BRIAN WESTERHAUS ninflGi A-r.%% gnr 390800 I Ow 008.2619 --mr."w"elo ftm 0 %w ft" *OF. %a RANDAL LINDBLOM l 0082620 07/14/95 07 1 1 4 19 5 JAMES G EL. IAS 1 1 Q9 A 7 1 008Z6ZZ 07/14/9.5 40HN DU CHAR ME 1 u43 0082623 2— 6 2— 4- 07/14/95 O."T 1 49 5— DENNIS L PECK 141 Cu A91 BARrA 1 448m00 0082625 v! wl -9 07/14/95: v 1p� lk 9 IV WILLIAM PRIEBE 0082626 07/14/95 WALTER M GEISSLER 1 0 7 1 A 1 -5 w w ♦ 0082628 07 /14/9.5, BARBARA. A. KRUMMEL 655*39 0082629 07/14/95 BRUCE ANDERSON OOR 1 A 19 Ers M A R IC " P i c W R 481.00 00 8x2.631 07/14/95 .CRAIG MISKELL. 351v63 0082632 07/14/95 KRISTIN OLSON 490.75 I A 195 SHAWL: WAN -S" Q N 4 Z 0 0 0082634 07 1 14 9 5 ROBERT. S-ANDERSON 0 0 8... 2 3 5 07/14/95 DENNIS P LINDORFF 19364s63 CITY OF MAPLE WOOD 0006 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD C NUMBER CHECK DATED PAYEE AMOUNT 7 C) Cl ooeZ649 07/14/95, JEAN 008264 07/14/95 MYLES R BURKE 07/14/95 1 1 4 1 !a 1-i GARY HINNri-hild-7 AMP 0082643 07/14/95 MICHAEL LAVAQUE 1 152x3l 0082644 07/14/95 JEROME WEGWERTH 481 .OD 1 A 195 RAYMOND GERNWR w4ft* A 'War 0092646. 07/4 4/95: JANET* M GREW HAY MAN .99 587s 0082647 07114/95 LUTHER JONES 50*00 0022842 (17 11 4 i9fi MARGAIRPT ldihll)rm 7 C) Cl ooeZ649 07/14/95, JEAN NELSON - 0082650 07/14/95 SARA QUICK 105000 0 CIA A F, i C17 I A 19-5 111DITIA A HoRgwwl L 6 15 0 4 7- W 'oe dr w I 008265Z 07/14195 ANN. E HUTCHINSON 1 0082653 07/14/95 RI TA MACY 216.00 0- 0- 8- '22" 4- MARIE RARrA ZZ 7- 00820515 07/14/95 MELINDA- COLEMAN. 2 0082656 07/14/95 NANCY MISKELL 573o74 7. 4 195 T TH A Wl:i;-W[:KIW 4 1 -0 dbr 0082658 OT.1 14/95 JOYCE L LIVINGSTON T96w36 008 5 9 07/14/95 KENNETH ROBERTS _9 F , I H r, M A S. A EKSTRAND 1 702 ' 1 5 0082661 07114/95 JAMES ERIC SON 313,813 008Z662 07/14/95 MARJORIE OSTROM 1,906.71 4 9 155, NTC.Hrif Aq--- N r--ARVPR i -A cl-3 -5 1 0082664. 07/14/95 ROBERT J WENGER 1 0082665 07/14/95 TANIA CHASE 722*25 0082,86-6 07 Z 14195 MTr-*HEI- I E HII-S-BEN 0982667 07/14/95 STEPHANIE FERR 1 tW -OOD 00-07 CITY OF MAPLE EMPL10YEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBE*R CHECK DATED PAYEE AMOUNT 00.82668 07/14i95 7 1 19 F-1 ERICA HANGSLEBEN I r W;.- I I P. rl R;-: N q ri NJ 298u44 204 SO DDS 2.6 'T 0 7 1 5 NATHANIEL. RENTERIA 2 6 -2a50 0082671 0OR26- Zj? 07/14/95 oz I 1 4195% - - JILL SCHOENECKER BRIAN q V yr hl rj!-.% P hi 248.44 I IQ 7 15 SO- 0082673 07/14/95 NATALIE HILSGEN: 336,00 0 0 8 2,6? T 4 07/14/95 OZ/14195 GERALD DIEBEL CARY RAHN 97v50 9 7- 5 0 0082676 LORI PRIEFER 32,s50 0082677 07/14/95 PAULINL STAPLES 2 07 1 1 9. 5 Rr'Y A WARD 476 -00 DDS267 j7 1 f DOUGLAS J TAUBMAN 1 0082680 OT/14195 RICHARD NORDQUIST 1 0082682 07/14/95 STEVEN rHOMAS, JR 1, 0082683 07/14/95 KEVIN HALWEG, JR 512400 0 Q 8 2 8 4 011141951. ROGER W R—REHEIN 0082685 07/14/95. DAVID B EDSON 008Z6865 07/14/95 DAVID GERMAIN 1 s 359m51 —0082687 KAIHIEF:N N DOHER7Y 1 -:7-f Cl 1 91 0082688 OT/1.4/`95- ROBIN: WAR MAN 426u88 0.08201 07/14/95 KAYLENE PETERSON 1 428,54 IODn. KTRr.*HHAM-]—;R-- 0082091 OT/14/95 SHLILA HOIUM 2 99 09 0082696 07/14/95* MICHAEL GRAS 742s86 0082693 07114125. L.TSA KELLY 008Z694 O."T'l 14 95 THOMAS. E EASrMAN Z,065,56 CITY OF MAPLEWOOD 0 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECkS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATED PAYEE AMOUNT 0082695 07/14/95 JEAN GLASS 545,152 .12 r A A IP:2 -0711 Ai9s 13ARI RUE CAI ITROS 4584 u -00 0082697 07 1 9 5 MICHAEL ANDERSON 560*00 0082698 OT/14/9-5 PHILIP COLEMAN 262*28 Q Z It 4 195 ! N J 1 RR RART9 008 2-- 7D 7 14/95 HELENE KIRWIN 287 14 0082TOI OT/ 14/95 JENNY MEINKE 182.00 VK A C W 9 Q E hl Em A Y K 1 5 i a 16 0082703. 07/1 JENNIFER. FRAZER—JOHN 382e77 0082704 07/14/95 MELISSA COONS '155u37 Ck Cj A 2 7 0 E, 07' 11 4�95 Di AhlW rtSTE!gr7 w 4w m ewe-4ftm mom v N.W am 0 07114/95 BRIAN OLSON 380s36 0082707 07/14/95 AMBER FISCHER 129.00 riOA,2702 p F_ F_ RR V RAn V 9 Wei vmm V. a w v ow 0 4 3 0 0082709 07/14/95 SHANE DUPAUL. 42* CAD , 0082710 07/14/95 KATHERINE TAYLOR Z64s00 0 C_ z' 7 1 - 19 5 AN70WIETTC7 MICKELSON i8loo w 0 or Now 008271Z 07/14 ALISHA DOTSO.N: 300 xOo 0082713 07/14/95 BECKY HAGGLUND zolaoo Cwl -Cal 8 -Z 7 1 MA:f'rwFw 6 79 4f 0082715 OTI 14/95 JENNIFER WEST-BERG. 150000 0082716 07/14/95 G I NA KAUFMAN 72sOO 07- 1 4 1 95 l99r-%'lCA SWAWER 0 Ci 0.08 Z7 07114/95. ERIC HJ EL14 37 :5D 0082719 07/14/95 CHELSEA HARRIMAN 781 .50 0 0 - 8 2 — 7 7 0 07114195% POSTER HACKETI 6 Q 0 00.82721 07114/95 CHRISTINE O'KEEFE 506.00 CITY OF MAPLEWOOD. 0009 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR *rHE CURRENT PAY PERIOD CHECK NUMBER - CHE. K .DATE D PAYEE. AMOUNT 0082727 4! -or 0.7/14/9-5: 9 11 -1 *A %w asow vo I -T -wo am" JESSICA HOSCH 1 f 008272."2 07/14/9.5 KARLEEN WARNER .166000 195 a, I sp- 1 04 , cw-, 179 1 .10 4r 'r w 11 1 Ahinr.R c w 4 .10 '1w v .0 NE: WKIW OHM 4-06 f" t IF Is For am ff 9 008Z7Z74 OT 1 4 5P, 5 . JERNIFER: CALLEN. 00.827 07/14/95 JONATHAN SELIN 97,01-50 0 CUR 2-* 7 2 07-11 4 t9S n A hi I Rl UNGER 0082727 4! -or 0.7/14/9-5: 9 11 -1 *A %w asow vo I -T -wo am" JESSICA HOSCH 1 f 00827 '8 07/14/95 MEGHAN HESSLER ••? 3 9. 10'0 rm OQQ2722 19 h MELINDA W;SZTR9:Rra 4 99, 008Z730 07'/ 1. 4195: 74 00: PATRICK. FOLMAN 00.82731 07/14/9.5 MOLLY MICHEL 167,,50 11 4 t 95 r-:llR9AC9 0082733 07/14/95 JESSICA JOHNSON 415.50 0082734 07/14/95 ANNA KLETT 129000 S 21 -5 C17 11 4 195 i db RM • w 008-ZT36r - OT 1 4/95' JILL KRAEMErR 66 sOO 0082737 07/14/95 JESSICA POWERS 216 wOO • y AldY 01 SON 0082739 07/14/95.. SARAH ILLJ� 0082740 07/14/95 TAMMIE NEUENFELDT 1 6 .50 180,600 7 4 07 1 4 19 5 JOHN I ic N A m OOSZ74Z 07 /14/ 9 STEPHEN RYMER 7 7T', 91 0082743 07/14/95 CANDI MILLER 30000 F- x 00S.ZT45 07/14/95. TRACY BROTTV4 294 OOSZ746 07/14i95 KARI SWANSON 7ZuOO �lmjk&Ar-1 EfullMolfflaff 7 9 5 r V I 008Z48. 07 1 4/. KKI, SCHROIEDER. 175000 CITY OF MAPLEWOOD 0010 EMPLO GROSS. EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK IAA r tE D PAYEE. AMOUNT 0082757 07/ CATHLEEN. CASEY 502*00 0082749 07/14/95 KATHLEEN SCHROEDER 164m50 ooqzz-lio _A711 4195 AURA F_ R A hl• 84.60 0082751 '..�07/14/951. RI TA RENSLOW 116 *44 008Z2752 07/14/95 CAROL BOSLEY 60w13 A R I E I Q 14 W 15.Cl hi 008Z754 7114/95 II! IRKSWAGER 777w91 0082755 07/14/95 SYLVIA DOLINSKI 88881 ,7- S A 07 1 4195 NANCY REWR 0082757 07/ CATHLEEN. CASEY 502*00 0082758 OT/14/95 LORI L�EHNEN 1011OZ5 0 0 ps 22—fis- OZ I 11419R VIRAINTA Of PARY 008Z760 07/14/95 •ELLIE DULL 393m19 0082761 07/14/95 TENA SAGER 8, 44 -2 7 8 - _5 0082763 07/14/995. PAUL SCHLINGMA 1 0082764 07 9 ff J* w 1 JILL HOFF 141*63 0711-419.r-, R rl N r) C ) F T 0082766 O7/14/95: MICHELE ANDERSON -:5600- 0082767 07/14/95 MITCHELL KORTUS 126,50 0 -7 1 4- -1 -9 -5, DANTE-1 AlIER 07 -A iR 0082769 07/14/95 EMILY TSCHIDA 0082770 07/14/95 KRISTIN SON TAG 49-s50 0 0 8.1 2.7 "11 OZ/141.95 JANET CHRTRTENSEN 0080772 07/14/95 MARTIN1 JAQUES, J 265,,77 0.082773 07/14/95 LYLE SWANSON 1 07114Z95 WPSLRY MILL-q 13— OOSZ775 07/14/95 BET7Y LATHAM 4 13*81 CITY OF MAPLEWOOD 00-11 EMPLOYEE GROSS EARNINGS AND ,PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATED .PAYEE AMOUNT 008 27760 OT/14/95 DEREK MILLS 165 00 cl ci 2% 7 7' 7 0 7 11 4 19fi C G iftift— lm .2 00,8Z778 O7/ 1 4/95 AL DUANE PELF. . 51OU75 0082779 07/14/95 07 11 4 i9s CARL Do CURT IS 1 1 1 If All EY DENNis m m1alwifte 921.74 I AQJ Rl alm 008Z781 .07/14/95 GEORCiE C , SERE IGL 1 0082782 A A-2 7- p a 07/14i95 • 7 1.1 4.1 CO Nth IE WE RIBA GER - 4 0082,784 VOID 0 14/195- FIRST MINNESOTA (FICA) 14 v4Z. 008278 VOID 07/14/95 PUBLIC EMP RETIREMENT ASSOC 6 1 7'40 a 51 60A*t".-7_86- VDID OW T law 4. .15US M A F42" 1 9- w 'a- 'a 0 R A T VON,. "m -or so v a v v OEM I&A-ury K ,78 00 0.7*/ 1 MN: STA7E COMM- OF REVENUE 12 00887808 07114i95 ICMA RETIREMENT 'TRUE *r-457 6 7- s.—g!R VQID 07 1 1 4 19h OOSZ790 VOID 0T/ 1 4./ 9 ci ry OF MAPLEWOOD (HC MA) 4 0082791 e000 07/14/9-5 MN S"I'ATE RETIREMENT SYSTrl".-M 4 OP 2 7 9 .2 Q R A I id W T I I ;Z W 7 Ck ■ a Ne 00827513 0.7/14195 CITY COUNTY E CR.UNIGN 3Z,426*00 0082794 VOID OT/14/95 UNITED WAY OF ST PAUL AREA 18 *2' .60 7 q Ck 5 m :34 008Z796 VOID 07/14/9.5 COMMERCIAL LIFE. INSURANCE 285.52 0082797 VOID 07/14/95 PUBLIC EMPs RETIREMENT ASSOC. 160,*50 0 P_ 79 a a'Z I I A 195, Agscmg 27;�s 7-91,60 0082799 07/14/95� .�AFSCME 2725 96#22 0082800 07/14/95 METRO SUPERVISORY ASSOC 28000 V 0 I D - : 5- R 11 L C EMP R E T 1 Fd: M 1 N I -&S 0 C .0 -aw Aw 008280- VOID, 07/ 14/9 PUBLIC E RET I-REMENT ASSOC 61175*03 . Y • , w' i•Y � M •• 008 � 8 cl 5. . VOID VACAT ION. CHECK 1, 1816 4 6 VOID 07/14i95 DOA 15.74 w � • Yt ` wt Y •r•. ••• •� • i • _.:. " w w a T MINNESOTA VOID 0 08 2 L : '6' 0 9 VOID 0 7 14 51, PU EMP RETIREMEN AS 7 138 r 83 0082811 VOID 7 � 14 /9 55 PUBLIC EM�` RET IREM�:NT ASSOC 9 262 , GROSS EARN 1 NGS AND DEDUCTIONS 421 72 , 11 CITY OF MAPLt':-.WOQD 00-01 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTICIN CHECKS FOR 'THE CURRENT PAY PERIOD CHE CK NUMBER CHE"'CK DATED PAYEE AMOUNT 008247 1 n nQ 2 d 07/07/96 C-17 1 0:2 1 Q K RICHARD HANGSLESEN - n v- U?A 707000 ! A 7 0 008Z4 T3. 1w: lk 0 .. r 0 . r 9! as 41 MICHAEL R K A NE 7 49. 0082474 07/07/95 LANCE LUNDSTEN F(UQQ M A! WVQ 717.22 A 43. 0082476 OT/07/95- M ARK A MANUSKA. 854'a OT 0082477 nAQ -2A 7a 00$2 07/07195 ( yz 1 cq I!Q I f Ift, 91, 1 F W'. 07/07/95 MARJORIE OSTROM PAIII 1149- 154 AF r-; Q W 16.4 IN lej. I Jwlt I law &A* %0 DOUGLAS J TAUBMAN SZ4,04 849 a*-4T5 6Q4sT5 0082480 07/07/96 EDWARD A NADEAU 749 s51 01 Of 8w 2%00 4 8 1 0082482 cyz I a �E pq g 07 /07/95..''. w w saw saw THOM AS. -E EAR "I'MAN . 732*48 0082483 CIC-1!2 2 d 9 A OT/07/95 1cp I!QK DENISE BAR TEL QTEVEN FISCHER-- 506olO 4`1 00824857 0 7 O7 /0 T/95 DOUGLAS. GERICK A Ul 69 1 1 0082486 07/07/9fb 0 z s STEPHEN RYMER 8 1'.1 o IRKW 293aZ6 A —008;248 7 00824881. 07 r 14w 07/ -0:7195, w -4mr law low Alm I Ml 4.9 V-s r s N PAUL SCHLINGMAN: is" 0- or 527079 008Z489 VOID 00.8 -Z4 90 VOTT) 07/07/95 07- i19 5 FIRST MINNESOTA (FICA) Q 01 T S. Q PUB61C E?4P R 1 . A 817o,25 A r Q Q 0082491 VOID "w 41 r Nor f OTIOTI 95- 413 9.411%0 BIT MAPLEWOOD: STATE BANK #1 r 591831 00524 VOID cl cl Q:2 d!Q -fz 07/07/9b 0 T 0 7- Rw 14N STATE COMM OF REVENUE F 1 RST IMS I I hil N1 oh's SE -3 T A (FICA) 2958a56 in "7 0082494 VO 11,9F 07/07. �5 PUBLIC EMP RET IREM.ENT. ASSOC 478*61 GROSS EARNINGS AND DIE--DUCT IONS 14,137x7T Jr1wa i by C M I-I AGENDA REPORT Endorsed. Xodlfled To: City Manager Michael McGuire From: Director of Public Safety Kenneth V. Collins fat Subject: Application For Liquor License - Robert J. Phillips' Date. July 11,-1995 Introduction Robert J . Phillips has applied for an intoxicating liquor 1 i cense for 3069 White Bear Avenue (Chi-Ch'i's). Background An extensive background investigation has been done on Mr. Phillips. He has no known contacts with the police, and we cannot find any evidence that he holds a liquor 1 i cense in any other establishment in the State of Minnesota. Recommendation After conducting a thorough background investigation on this individual and having a discussion with him, I do not find any reason to deny his application for an intoxicating liquor license. Action Require. Application.for intoxicating liquor license to be submitted to the City Council for their review and approval or denial. KVC:js cc City Clerk Liquor File 95- 008923 Y L /tf O iii o�oo / �.,f. . h L � r PPUCALrnori FOR rVJDM- CAIPG LIQUOR UCENSE f � A"UCA"M sZ mm D IN atTtUCA'!!. Tlsame do not use initials. Wbwwa s6iD kwwer1y fed riKull,I laLtfy the V tit* 10i10wks 1pMtiPm1►kt iba bg pat7 at fW'1W7 mw "a M rd aee+edotV• dim prslioa as off+aer malt ecKwu Wa ppliestfoa for as eA"r% ttreebm ai+d stwkhol4as, for a wshty set ed W 't!lLCAM�" ah�U as�atb �L spDlkatiom td� aU �b�rt et the pu�fa cwEStIoN Must 51 ANsvnRIa JUN 0 1995 L Phillips � General Man KAPLEW00D Now" r��a5w�u h . if POLICE lu9by ap�l7 1w as on lr�Tq iatoslealSas LkNor Liaa�e b W bwhd at Chi-Chi's Mexican Restaurante 3069 White B Mapiawoud, .(`JN Mate 7 Mal 1 fm the city of (Wvt bIdiw NM Mw doalptift) YIp11wood, Cooat7 of Sam+e7 Sate d wig► the FwLiom�, of Ordfaaaee No. tb of YAVIrweed. t Give �yn�foants' dNo od tdefb: L The ruiduee for nth of the spAkwis Amid bmia for tbo past AYO r"ft Is Is tGUGWA: c) (.p -s t 0 eLC QD �- � �, �1 CA 7b 14 i C G 0 d. L the A"If eat 11 ettlu• .of tb• Ualta N"?, it a•tvralised some • tiora Mr h Ito rlu�3�oyr wwralieaum it Nth Am or p�,rtar. Barry E. Krantz, President, US Citizen Michael J. Guerra, n tin M as VP.& Treasurer US Citizen _Diane R, Holman, Asst, Secretary.- U_ci _i . _n L The pirn v%o samto 1kh &Wilson 04 XNv wV•% or 1usUaft h1l Aam VW addrW.r.maw 1 N � cc a IL Wul Impavow have "gimt and i�o&t4, bm sh app?lasum tonoww for the put Avg Tung! 2, q ears j4 fe 2t pwoff h", Oat# !=e abd W&W 0 scab PL'MW If a eo�ara#Jo data of iaeo rww 8/ 1 8/ 8 6 -- state In D _ m oat at W%oobsd "# "t#oa 1 0 0 0 �� of jam None ! 00 N a atibeldW7 of uW AW , 2D.Aft -Chi ' s, Inc-.-As a whol -owned subsidiary of FRI -MRD Corp. Chi -Chi' Mexi.canoRestt, is a subsidia -- - -- - -- : - of Chi-Chi's, to develop, operate & maintain a family- I nc. O A& Q +' t r I a i � IN T% r t1 ems f- -> > t r • r, -- - - $amt ad iddrw at an olbe , dbwUn ad st aboldaa and the cumber at shmo bdd by &LA : Barry E . Krantz . 11 Ironwood. Irvine, C-A 1927171' fl- s hares tx�) (A "W) 4") Michael J. Guerra, 1618 Night Hawk Crt, Lou,,KY 40223 0 shares, Martin M. Casey, 159 Emerald Bay, Lacuna Beach, CA 9 2651 0 shares Diane R. .. Ho an. _51 9QZ.- Cr P - j .;i g i j nA "Rpan-h- CA 92677 Oshar If be"Pratad wader tbs bWA of asothor state, b aorpo►ratioa avehwbod to do budsoos bs this state? Yes Nmbrr of awOuto at "OWI ti' 69625 V Ob &pplkatlos b for a now CoTpMUM 1"Juds a es Ood wr of ArWas at Iaowwatla asd �a•�awa. L Ot wbat ljoor b the b5bant ioaat4 ar to be located? - d. It apmtint uadw a raj wtmm hoer it !fie Uatkm of the WD41at e3e dW 1. zone. dam.. for restaurant 28 tba bo )Nat" WK),A the prmvimw arm tar such boo? Y es I0. a aetsb�is at bated air as aid *W, NO W% satvtaty tbu Isde Or huh sa?►ooI ? n o the apprombmte distauce of the utabsishnant lroo sucb whorl or th och.-D.La.. _t, s a ,,, m � of badiad Woodina Company., 99 South Ow asso, - S t . Pau 1, MN 5 512 7 = bu aWu it bulMhW omy ftuutie N dimtly K Jam jb%*j Uft IL An the eases os Us "t po U. 11aU rheaw!' " or my at bL ats0etilaa k 0& awksum hav eve! r had a OWloatka too a UqW "Jecia by m1 is paliy w State mthwity; it @% give We ad det4s It leas the vokna W my of bas woalatu to thb applkatiwa, duff th e l et rws lawy arms Ow"tk a swat bad a &OM aadar the Wf aAmola Liquor Coatrad Act mabad !W air VW&tke of nth bus it tpeal er+� 1 it two, gfwe data W W d#W N M•• �r !.,- -wood Ad61nc strat'k .1, ��: % (: p r 1830 E. Ctlur-., Maplewood, MN 55109 J .. A. L JJ_.; I .J • ..JL J i" � • 1 • I - r l ^ V IL =titre wbttha MWWUoaat, W JOY Of h11 aaCIato !o this Aliaat W4 dW iM that pait 9VI Carr 91" "a eomvietad of aay liquor law rioiat =s W any erne b this ate * or my rther state, or *Oder yoder+aT i. •W,, sa M go; Xj•# dste sa 4 # W & _ Nn IL is snliaat, or say of his sac tW !s thla Ippliest W a member of the poverniay body of the sausieip lity in frbieh &b Umm b to be Issvead It so, is what dapaeityt. 270 state whe *r any pesos other than spplimts has any risht, IN# or faterest In tM Wtiture, lxtum, or equipment in the pm1m for which tieew h applied, and if so, give alma snd deuils No 1=. ]Iave &pplianta any Interest whatsoever, diteotly or fadirratly, In any other liquor establishment io the Bj&te of Minaosota t Nom... Clive aam and address of sveh atablishmim MIA 19. FbrnM the sues and addraues of at faa,st three basinas references, Including one bank chars .L r_ v''a 1 372(3 (a c (c s bo S c f A mcrr cck. •�= _��� t � ioo d, 1 0 3 00 5 Fir 7Z . Do you p ssu a sitar _ War's fdentfliaoti= card IuuW by the Liquor ConftA Comsnlrsior►er which vM agn Deembor Slat d this ! Civa number of tw No . N / A sit DM applicant hAmd to WX inloa Wwni liquor to other than the ftmvmerl Nn ft f4 '%tither art tat" f a gooses, Me perW t the pmaxion or op wstin dd, an Of *Aug prem3a W % OW MM adjaniny the lieenaod ptemb". Wy dot MWAke, dkk jog - iwiea as spZwawk W pormlt my gambling th Nn _ !i. Are the psis now oeaupiat or to be pie+d, b f tht AWfeD! lostir* ante and acoausive Doer► am e+�et buet�ne�ss ortablintT Yes JW, hate tie sme to be o..a C_h y_ C h i' M e x i can Res - a U r a a t - e �• =gate sum of pM= !hest WO gpMt! ltop*e 'Rob p � i 1 1 i ja c W. ol+s PWWW at#w Lquor 2MLW'O " stamp No r 41-0901437 11 V* U off "i! lies " !e 0p13ad tor, do 7" bt and to doi3Tar liquor b7 T"e ! . No M V ", still •mba st a d a fg bj& Vaults J" vod by Uquer c7ootrol aaa� =WWW t o .armt ywr i. . for the for Whm t appt stop b merit, Owe onbmIt plam wd YwAu with fib AP0969 e. N /A �. l�aarSe� ad �e oaajtrue�aa � t'� b�o�dt� wtlt �+ � tano�wi: • !o. yvrash a per, nal ftmew itsteMent With ibis apok&thft If a "AM01S yip, lbrAbh llaaueW i &W • Nasal of Gull ear, S10 Cfre doutiaoa ad # ot3aa !! the to on�ale due applioat3on �i.i. wbethor sock• UD lour , site "club, m urnt, Its. 0+eit 14 ap dty by aninba od austooars and an? der ll�tditay MPXi c•an RPCtra»ranf - - -- - 82, Whit previm ear 1*►e yvu le I& the "*r►tion of the apt of buiineu dwjibrd is tbo �, :fir to We it abne �-. - - -- - - Na NPINIPM . C it 1Y �r- !�, Applie nt, and hilt arsalaW In this *V1kStbB- 'WZ ttt3o Y eOMpir. with all the law& of the hest* at NIAR ore rovenl3fts tke taxW" toed the " of ht"feaft liquor: rules and nPlatione r uld11W by the Llquot CantM cast bsifter; and all 401m me" of the mullIeWftY z and hv" that i ha ve "&a &M i fuauas that the a"Wen 14 d gees o,U (14rWale of AppUMMl i� wee to befers as 1hu YOU r! THIS AIPPUCA"ON MUST ZZ AcC*MPANiEU WffN YOUR CWZCK PDX ?RIC FIRIf U IPZYdOO. op PATRICIA. :EF Np�1'ARY �UeliC - A SAY COMMISSIRES JANUARY AdminWralft-.i, 1630 E C'ou: ',s 1 % :26 a Maplewood, t %N 55109 STATE OF MINNESOTA } { ss COUNTY OF } AFFIDAVIT I, Bob Phillips of Maplewood, Minnesota, do hereby swear that I have no, interest in any other liquor establishment in the State of Minnesota. Bob Phillips, General Manager Chi -Chi's Mexican Restaurante ' t b this da Subscribed and sworn o be for or met i s y of 1995, in the County of ` State of Minnesota. NOTARY PUBLIC expires: � �D o M commis Y of tHS.� PATMIA E. FRY NOTARY PUBLIC - MINNESOTA o� # MY COMMISSION EXPIRES :Not JANUARY JANUARY 31, 2000 04~ 04 04 04 . V G CITY OF MAPLEWOOD 1830 E. County Road B Maplewood, Minnesota 55309 APPLICATION FOR SUNDAY L3QIIOR LICENSE Bob I,. Phillips ! doing business It 3069 White Bear n license to Avenue, Maplewood, MN � � under the business. name of Chi -Chi's Mexican Restaurante hereby make application for n license to sell liquor between, the hour's of B:OO A.M, and 1:00 A.M. on Sundays at the above location. I hereby certify that meals are served, and will be served on Sundays, at this location, that there is table seating capacity for 30 or more persons at one time, and that T presently hold an on - sale liquor license, issued by the City of Maplewood. The seating capacity at this location is 218 5i of A 01 9cant 3069 White Bear Avenue, Maplewood, MN Addres Date License F". is $200900. per year. License Year 1s January . 1 through December 31 LICENSE SEE PAID RECEIPT NUMBER LICENSE NUMBER ISSUE DATE (MM/DD/YY NC THIS CERT N8ISSUED AS FORMATION ONLY AND, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE | oomp^w, � LETTER ^� NATIONAL UNION FIRE INSURANCE r -------- — -- ' ---- - ' -- ... m � __________ oomp�wv� oo CHI-CHI'G~ -INC.- - LETTER INSURANCE COMPANY OF PENNSYLVANIA FAMILY RESTAURANTS, INC. ------ — -- --- 1 oowp^w'(� 18831 VON KARMAN #400 � ��s IRVINE, CA 92715 —----- -- '—'------' - - 2 uomp^w,D (714) 852-5713 LETTER � � ""°P°", E . � LETTER C6 ERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED'BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER -DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EMPLOYERS' LIABILITY A` CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPI RATION LIMITS 01/01/96. DIsEASE—EACH EMPLOYEE GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY RMGL319-99-57 m RODUCTS-COMP/OP AGG. 500 CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ 01/01/95 01/01/96* SEE ABOVE EACH OCCURRENCE $ 500 000' X­`LIQUOR LEGAL FIRE DAMAGE (An one fire) $ 5 IZA_ 7 MED. EXPENSE (An one person $ BY EARLIER TERMINATION AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO .RMCA 1 43 01/01/95 :ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS :RMCA143-75-32 01/01/95 01/01/96 ( Per person 'HIRED AUTOS BODILY INJURY NON-OWNED AUTOS ( Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ IF OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS $ 009 AND RMWC017-06-68 01/01/95 01/01/96DISEASE—POLICY LIMIT EMPLOYERS' LIABILITY A` RMWC317-73-94 01/01/95 01/01/96. DIsEASE—EACH EMPLOYEE 00 OTHER A* WORKERS COMP RMWC317-73-95 01/01/95 01/01/96* SEE ABOVE A, WORKERS COMP 01/01/95 01/01/96* o*UNL-ESS PRECEDED BY EARLIER TERMINATION OF LEASE DESCRIPTION OF naMo 08CH0463 CHI —CHI'S #463, 3069 WHITE BEAR AVENUE, MAPLEWOOD, MN ADDITIONAL INSURED ATIMA: BOB PHILLIPS JUt4 -07-1 99 5 12: 54 MARSH MACLENNAN 213 346 5932 P.02 ` P . AI V Inm"ncs Company ` 41 Wide An�can Moms Acsuranoe Company 8kedell � Grojite State Inwranct Compa American International Comp anies n1 t Stete of Penn nia The Insuraloe Co mp a ny of he sYl va National Union Fire Insurance Company of Pittsburgh, Pa. Pri"'Pal Bond Office New Heropshire insurance Company 70 Pine Street. New York. N.Y. 1 0270 SURETY RIDER To be attached to and form a part of Bon d No. 157818 may 8, 1995 CHI -CHI'S INC. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA MUNICIPALITY MAPLEWOOD as Principal, and as Surety, in favor of as Obligee. MAY 24 1995 in fwvnr4dewM1An of tha wr AaYise.r ahAMsod, w io •ordam"we l •wd re.swd e`M, 0/eri.m •• THE NAME OF THE PRINCIPAL ON THE BOND IS HEREBY AMENDED: FROM: CHI-CHI'S INC. TO: CHI-CRI'S, INC. and BOB PHILLIPS, GENERAL MANAGER Provided, howew, that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be curnutative. Nothi herein oonWrved shad be held to vary, waives, after or extend any of the terms, coMkioni, agreements or warrarxies of the above - mentioned borut other than as stated ebove:. Sigrw4 sea led mid dated JUNE 7 , 1995 CHI - CHI'S, INC. and BOB PHILLIPS, GENERAL MANAGER orincipal) (Seel) By R�t1e) N�TS B AA 1i2QVNAI i FIRE INSURANCE COMPANY OF • . IL��G� �NN A (Obligee) (sow 8y By y CE S R F, Attorney -in -Fact 3301 T 13/84) • JUN- 07 -19% 12: 54 MARSH MAC LENNRN A Rome Assurance Company ational Union Fire Insurance Company of Pittsbtirgli, Va. � r Principal Bond Office: 70 Pine Street, New Y N.Y. 10 270 Z 1,5 ..X4C :> J.1:� t_'. x;1`1 POWER OF A ORN EY No. 05 -B - 04093 1KNQW ALL MEN ]BY THESE PRESENTS: • a New York cor poration, and National Union fire Insu Company of Pittsburgh, 'Phut A�uencan H ome Assurance Compa , � Pa., a Pcdnsylvania corporation, does each hercby appoint — C esar F. Ja , ...._ C, • • %icr, Laurette Mcneg22� Maria Escobar, John T. Lettieri, Linda Enright, Virginia Carole Christianson: of Los Angeles, California • its true and la % %•t 1 s - in - Fact, „�ith full authority to execute on its behalf bonds, undertakings, recognizances and other u Attome ) C contracts, of of indernnit and writings obligatory' in the stature thereof, issued in the course of its business, and to bind the respective company thereby. IN WIT NESS wE[ERF..OF, American dome Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. have each executed these prcscnts .:� this 2! day of April 1995. ♦fi r O *kL fill '• • "�••�'` �hc.���' �`• William D. Smith, Pres ent STATE OF NEW YORK ) COUNTY OF NEW YORK }ss. On this 20th day of April 1995, before nle came the above -named officer of American Honk Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrwnent and affixed the seals of said corporations thereto by authority of his orrice. 07) JOSE S. NO Notary Public. StOIC qt -Ja York No. 01•N0465275 ter Co t' Quatif;ed .n w, ;t ch� . - . Tcrm Expires Jan. 31, ..r 5 CERTIFICA'T'E excerpts of Resolutions adoptcd by the Doards of Directors of American Home Assurwice Compmiy and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice: President be, and hereby is, authorized to appoint Attorneys -in -fact to Tepre. ",ent and act for and on behalf of the Company to execute .bonds, undertakings, recognivinces and other contracts of irtdetnirit and writings obli gatory in the nature thereof, wid to attach thereto the corporate s=1 of the Company, its the trsn sctian of its surety business, "RESOLVED, that the signatures and attestations or such officers and the scat of the Company may be aflimcd to any such Power of Attortic:y or to any ccrtificatc rclating thereto by facsimile:, and any such Po%Ncr of Attorncy or certificate bearing such facsimile signatures or facsimiles seal shall be valid acid binding upon Utc Company when so atfixM %itlx respect to any bo »d, wtdenaking, r or other contract of indct uiity or writing obligatory in the nature thereof, "RESOLVED that any such Attorney -in -Fact dclivcring a secretarial certification that the foregoing resolutions still be: in effect may insert in such certification the date thereof, said date to be not Mater than the date of delivery thereof by such Attonicy -in- Fact." I, Elizatxith M. Tack Secretary of Ame rican Homc A ssurance Comp an of National Union Firc Insurance Company or Pittsburgh, Pa. do hercby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these: corporation., and the Powcrs of Attomay issued pursuant thereto, are truer mid correct, and that both the Resolutions and the Powers of Attorney arc in full force and cfCcct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal orcach corporation • • this 7 th day of June .t95 Elizabeth M. Tuck, Sccrclary JUN-07-1995 12:55 MARSH MACLENNAN 213 346 5932 P.04 All&,Pu rpose • - -_ Certificate of Acknowledgement �►.�. Staft of California CMilk of Los Angel _ y June 7, 1995 � �• � O�C Merin Escobar, Notary public ' a►ri cwt uiu a or� .to,�wt ooiY �r Cesar F. " Lux SIT" Javier l�GMi�i QI pe mnaDy known to :M -' oR 0 • proved to aye on ft bab of atisfWAMY CM= be its perms} whose name(s) i to 1ft , mod awbOwn rm b at a* xAhey ca�ca�cd the see in t�h�r'Wd aind cspa e , sr�d ft by bisUrhlair r w� •r••�� M AMA EJVOP►`1f'C COMM. 0 1047861 of Wbkh de N cr : NO TARY PUBLIC -CALIFORNIA i LOS AMELES COUNTY � My COMM. Lxpi�ms Jan. 1 6 0 19� r nos say band WW otdal seal. . of NOTAM Though ft data below is not mquirr d by law, It maypmv e valu able to persons MIy14 an de doc;umnt and fraudulent Of tws forte. CAJPACrrY CLAIMED BY SIGH DESCRIPTION OF ATTACM DOCUMMO) Obldividug(s) Oaxpo 00mcel(s) is: (DAnormy4n-fad 0SUb=n1)4nZ wiarm w [ 00ftr. SIGNER IS REPRESENMG: WAMCOMIDWIS . National Union Fire insurance Company of Pittsburgh, Pa. TOTAL P.04 BOND NO. 15 78 18 That CHI -CHI'S INC. �_ r. . %Y ALL !'t:ft;3UNS.11 y 17�F6E PREBEN , Chi I s �{ N 0 . • as princlpaL and #463 ANY OF PITTSBURGH,PA s sur ety are held and ftrml)• bound .NATIONAL-UNION FIRE INSURANCE CO a , . RAMSEY Blow MAPLEWOOD n the County u f . 111V u MUNICIPALITY Y OI �, loo 1)ullote, •' THREE THOUSAND AND N _/ NtitiH �, Ml���tt•Nt�tt�. tll hunt�l dam of of ollt for Its bentrit Gild fut the boltefit of ull l my ru i t >>��i�e�Y of lhr U St' ttre Its l�tt ta's�id man P ditlone herruf, fur which l)t�y » >Ci�l well nc�d • • tit Nurrviring timilltkee )y r i uttNUn ur rho brtnoh of the con ,�tN«i •ore en legal reprQdente�tivee, )uintly a»d eevcrAlly, t�• 111 lie t»t1ctu %re hind uutealvod, ou iit ry, eucot• , Ilri��i�• y t1�rKr t�ruernte: F SUCH That whereas sold pritiCiPal.,... :tI I)1'!'lUNS t�i� '1'1�1A OBLIGATION AR � 2 4TH llll.t N MAY 24, j996 J roin the I,c'rit li�•��»KC•tl. rar term of t xlctatin 95 i3ody of •old tnunlclpailty•to at" !n o K MAY t by the Gov (I,,.,# or . • � �� PREMISES" deYC1•lyed ut fulit�wo, to• 11c1v��rK tt� dt'lltttcl Ily law at rtttall n��iy felt s~ansutnPtlnn " ON THE tivlt� cad rinclp�►1._. control-S. and operate:. o I» utiid tnut�It;lUttllt,Y, at which prrtfilass e p , II I dellned by Inw: REST URAN bbl 811011 • � sltcdl a) obey Elie iawe rela�tltlR tt1 each llceneYd butll»eeH, w� c NOw '1'1 ! 1:iti•.1� t�tti�,,1 r euid prinolpal.... t pen and other• charges provided by lo t ) t tit mild �ttu»ICil�uif t,Y w1�t:tt clue u11 laxte, llt•ens� fees, ! .w relating tv the rttall "ON BALE'' of I�t Y !n tlid tvellt of u»,Y vluliitian of the pruvleinns of any t e1,e11 ay iv the sxtet�t of the principal Inl eltttll, , Ilq uom- fdr"Y' 'VIt this bond to •ptd tnunlLlpalltyi td) p vlvlotlott of any provisions t�xicollltu t.. • n damn ire for death or Injury caused by or reeultln� from r WISE IT SHALL 1,3E t,tnt,utj l cur any y K - Its N SHALE; EEOOME VOID, OT11LR or l ow rehitlnµ thmitt,71119 • ' ' .t AND R EMAIN AFFECT$ �U�� May � 9 WI-tnes s woman our hands end�e�alA'lhle . 8th - m a y of 1 ned. soaisd, ettd•n011YOred�•!n'tlio I?t•ee�ner of - - S a CHI -CHI — (Se p 1) 8 l - ANY ' I INSURANCE C now" T 'B�g P JAvI � - � � �Z� j 4E : _ EGA2 ATTORNEY` iN' ACT A� 0 TE MEN � MARIA ESCE� AR EI)OMEN of PRIN. ACItNOWL �`or.lndlYldual f Minnesoia" �t�te o u , County of • ' ra • 'U11 'cille - _ h aY and for suld cou lity, appeared • andetated thnt...••he alined the sane of to e known tv be the persun xlgnl�ng,ae pri>>cl 1 hersi n ,. own free will and accutd, COUNTERSIGNED BY RETALIATORY' ONLY Mg n atu re - ,OT Notary u 1 c o r 0t er 0 iclal • 1 THE ABOVE BOND REPLACES THE TRAVELERS pta Stdmp Or Seal or Other Title or Ran y INDEMNITY COMPANY BOND NO. 314J2004 EFFECTIVE 5 -24 -95 • tote its liability by giving thirty (30) days However, ' the Surety may at any time Sure ph�11 not be liablR for anY defaoxt offer written notice to the pbligee, as�d' A. . S tat e of MinnesQt. j County sir of IA......-. iierorc ine nnNenred an lids ; �►Y�. to rne,Neren»uily huuwtl, Who, f ills . litthig duly swurn did say tltitt ....,he le th• s eal tit' sold corpnrntiu»; that said Lunt 111-c seal arnxed to tits foregoing Instrument le a caporals o r �,j l�;r ectnrs, and 'tied and sgajed on behalf of said coporatlon by authorlty of Its Boa , Instrument W01 acknowledged said instrument to be the tree act oi�d decd or se,d cnid uration, corN . ture of Notary Public or Other Offizial Stgna . Stamp. or Seal or Other Title or Ran - otary P , ACKNOWLEDGMENT oF' SURETY .State o A County of . _ , off , )�..:..._, befo me Oil tills aY.. . ptrouivally appeared o dui war d say _1~ act of tire.,.._... to ills personally known who b4ng.b -f m . X #. of . thots he Is Alcor »oy•in• Instrument le the corporate goal of that corporatlon and that as . tllol ll�e seal nfnxod to the fo�reRding thorlt of ice board of directors, slid Instrument we• Ax•euted •!n behalf of eorporetion by av y the free act A t dead of said acknowledged said instrument to be . said curporatio», .. _ magna .,,�•e a ruM I it • otar am� p ea or er iTP or"cas� y sure! thereon Is hereby approved this 'Titre foregoing bond, together with the y day of 18� The ' of the Municipality of rs Lied l' Clergy.: BJ f . . mope t•+ . V 64q. o -� a 0 • �+ C 1c) 4-4 0 •` V 4-3 0 n tr2 American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. • Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05 -B- 04094 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint - -Cesar F. Javier, Laurette Menegaz, Maria Escobar, John T. Lettieri, Linda Enright, Vir ginia Carole Christianson of Los Angeles, California --- its true and la%Nful Attorneys) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents • •. this 20th day of April 19 ?T I . 1 William D. Smith, Presl lent STATE OF NEW YORK ; COLT '4 O:' NEW YORK ; ss. On this 20th day of Aprii 19 before me came the above -named officer of American Home Assurance Conipary and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. 5�7 JOSEPH B. NOZZOIIO Notary ruI'!lc, clt ja rt - Ycrk ho. 01- N0- Qualified in W ^512r Cou-0!Y ..7..r. Term Expires Jan. 31 ..� CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any vice President be, and hereby is, authorized to appoint Attorneys -ill -Fact to represent and act for and on behalf of the Company to execut bonds, undertakings, r ecognizances an other con of indemnity and WitingS obligator} in the nature thereof, and to attach tlicreto the corporate: seal of the Company in the tra nsaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal sliall be va and binding upoIl the Company When so a ffixed wadi respect to any bond, tulde:rtaking, recogllizwice: or other contract of indenlnity or u7itina obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in of ect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -ill- Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation ' t « this 8th day of May t 2 19_. 0 0 /OOW.., t Elizabeth M. Tuck, Secretary All- Purpose Certjricate Acknowledgement w4A.m... State of California County of Los Angeles May 8, 1995 C.F. Javier, Notary Public On before tree. . p„�� �a�,unso►o�st oott+o'��Y �t� Laurette Menegaz pemnA known to me • R ❑ • p to me on dx basis of satisfactory � to be the whose name(s) Q pc�sona]Iy kno o pro ry pers►onCs � i*%M subs ift to the within instrument and scknov�ed - 10 aye dot WOWAhey die same In h1sftwiihe1t &uthoriud q.Oe* and that by bisUrilheir slpatun (s) on the tnsnnnnt the or the arty upon behalf of V41k% ft C. F. JAVIER !) exemIted ft hnstmem COMM. # � NOTAR PUBLIC -CALIFORNIA M ¢., LOS ANGELES v0U NTY witless my band W oMcial SCaI. Nay Comm. E xNrezzk Nov. 22, 1996 �1 � C OF WWAU Though ft data below is not required by law, It mayprove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPAC CIAIMED BY SIGNER OM&vldual(s) 0CDfPDn9e, 00MCWS) OPutnWs) ElAuomy4n.-fact OSubscribft witness OGuardian/Conservator 000W.r. DESCRIPTION OF AITACIffD DOCUMENT(S) SIGNER IS REPRESENTING, wua a boa e4 all National Union Fire Insurance Company of Pittsburgh, Pa. i ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange ) on 5/15 before me, Judith L. Ernst. Notary Public Date Name and Title of Officer (i.e., Your Name, Notary Public) personally appeared R. T. Trebing, Jr Name(s) of Document Signer(s) personally known to me ( pp, prgyp#./ tq/Mg/ pra/top/ ,tMp);;l pf1AMV#pAqW difddhdd) to be the person(g) whose name() isldtd subscribed to the within instrument and acknowledged to me that he/tfWAW executed the same in hisltidelAWV authorized capacity(ib"s'), and that by his/h&Afteftsignatures(t) on the instrument the person(so, or the entity upon behalf of which the person(d) acted, executed the instrument. WITNESS my hand and official seal. JUDITH L ERNST C #1011176 m NOTARY pUSUC cA IF4RNIA (A N f ORANGE COUNTY W ,. �,. M COMM. Expltes JAN 7, 19 (Affix seal in the above blank space) Copyright © 1993 by D T Consulting • P.O. Box 1573, Glendale, CA 91209 -1573 Form #1002 Fvww3 Action by Council r. MEMO UM Endorse To: Michael A. McGuire, City Man Nodi fiecl..- From: Bruce K. Anderson, Director o Re eation,� ac Subs: Western Hills Park Change Or Date Date: July 19, 1995 For The July 24, 1995 City Council Meeting Introduction The Maplewood City Council formally awarded the contract for the construction of Western Hills and Timber Parks on June 8, 1995. The construction for the two facilities started the week of June 15th, with major earth moving beginning the week of July 17, 1995. Background There are two Change Orders that have been requested by the city's contractor, Barber Construc- tion Company, Inc. The first Change Order is to reduce the contract by $3 8,000, which is for the playground equipment. The reason for the Change Order is that the contractor requested a Per- formance Bond from the playground manufacturer. The manufacturer did not include this in their Bid Proposal and refuse to provide the requested $1,000 Performance Bond. By deleting the playground equipment from the original contract, the city will save $1,500, which was the markup for the playground equipment. The request for a Performance Bond for playground equipment is extremely unusual and not necessary. I believe the Change Order resolves this issue and the play- ground equipment will be installed, as per the bid specifications at a cost savings of $1,500 to the city. The second Change Order is in the amount of $640 to relocate four trees on site. The trees were too large to move with the city's tree spade. The cost of Change Order #2 is an increase of $640. Recommendation It is staffs recommendation that the two Change Orders totaling $3 8,640 be approved and the contract amount be modified as follows: Original Contract ................... $296,344.80 Delete Change Order # 1........ 38 Subtotal.... .. o. o.. 0 0 . . . . • 0 . 0 0 0 ... 0 .. 0 .. 0 $25 8,344.80 Add Change Order #2 0 0.0 0. . . .. . . 640.00 TOTAL.. .. ...... 0.0 0 0 . 0 0 0.0 0 .. 0 .. 0 .0 . $25 8, 984.80 Jul. 12 '95 17:13 0-00 BARBER CONST. CC I NC. P TEL 612-930-0532 SINCE 1961 FIARBER 13UILDS OUTER BLACKTOP PROPOSAL submiTTE0 TO • 11rapnettl BARBER ft j; 6 Na. Of P. 1 Pa CONSTRUCTION CO. ING. BLACKTOPPING % P. O. Box 5324 • Hopkins-, Minnesota 5534%". Phone; 938-9607 l job NAME &ram I rV%A1"nW 1,4.r SINCE 1961 B ARBER ARBER BUILDS UIL SET TER TI S 8L LAICKTOP D43 I t7 i?s' CITY. STATE AND ZIP CODE CHITECT DATE OF "NO Doe PHONE We hereby submit specificetions, and e r ; tjMftt6!$ for. .... ...... ........... ....... ..... ..... 0 .. . . ............. .. . .............. ......... . .......... . ... ....... ... . ...... .... ........ ... ......... ......... ..... . . . ........ .... ..... ... IeA '..PdlpV- ....... ........ .. . ...... . ... . . ... ...... .. ........ ........... . ....... . ............. .. ..... .. ........ ...... ...... ............ ....... ................... . ........ ............ ...... .. .................. .. . ............ .... ... ..... . .... .... .. ..... .. ..... . ............... . ........ ........ ...... ....... .......... .. . . ... .. ............. . .. ... .............. . ...... ..... .. . ............ . ...... .... ... ...................... .... ...... ... .. .......... ....... .......... .. ..... rr �. ..... ............. ................ . ... .... .. ..... .. ..... ... . .... .. .. .. . ......... .. . ........... .. ..... ......... ........ ........... ......... .. ........... .... ............... ............ .. .... ...... ...... . ...... .. .... ........... .... ............ ....... ....... ..... ......... ............ ..... .. .. ...... ... ....... ........ .. .. ...... .. ... ...... ... ..... .......... ... ........... .. .......... .. . . fropoor hereb to furnish material and labor C omplete ............. ...... ........ ....... ... .. .. ...... . . ......... ...... ... .. ... ........ ... ........ .. ... ... ..... .. in accordance with above specifications, for the sum of: Joel— dollars - h y ment to be made as follows All material Is g uaranteed to be as speelfled. All work to be COMP19t0d in a w9rkmanilho manner according to stan procticat. Any pittratiols or deviation from above %PftlflC*• ed fA RUM-- XL. tions involving ext o9 stt: will be executed onl UPOn written Orders. and Will b*CDMV On "Itra, charge over and above the 99tinlate. All agreements contingent upon strikes, acewolft This pf"M I MW 136 tA or delays be our coAtr0f- Owner It carr fire. tornado and o "r ,other nects Insurarw*. our w9rkurv are fully covered b W0rkM0n'$ COMPM$000n Insurance. wdhd by us if not � ed within. 2z days. $ar wr of pro The above prices, specificationfi Si 0z and conditions ore 5 9tislactory and a re hor*by accepted. Y by* •"horized to do the work as specified. Pa will be made as outlined •bvv# L 110111M 11 Date of Acceptance: FOFIM 1 10-3 COPYR11*11 19W - AVOMPON *UM E I IRAUER 't3m ASSOCIATES TEL No.6128329475 Jun 27.95 9:01 Ni .001 F.01 Prciect Chan Order #1 - VtOstem Hills and Tinter Nei Parks at o Project Chan Order #1 k � t �'�`' . DWe June 27, 1995 Project Ovmer Project Consultant q CDRftd0r." V\kstern Hills and Timber Nei Parks — B&A #94-36 Cit of Wplwwd, Minnesota Cit of Wplewood 1= East Count Road B Maplewood, MN 55109 Brauer & Associates Ltd. 7301 Ohms Lane, quite 500 Minneapolis, IVIN 55439 I Barber Coirzbruction Co., 1 Fc. P.O. Box 5324 Hopkins, MN 55343 Post-it"' Fax Note 7671 . I / Date L� I poses I 70-fto(r- A From XE Jr* 4 5 • Co./Dept CO. — 93� A'04.-)c Phono # Phono # 05 7. - 9400 : Fax N � r - � � Fax # � �`'� r �"�' ��. Chan Order' The followin describes the modifications to the contract for the above listed prclect. This chan order modifies the Contract as described. Item #1 - Delete Pla E from Contract as described in Bid Form 0024 — Proposal #1 - General Ste Improvement for Western Hills Park, Section 6 - Ra Area E Item 1. Total deduct amunt: ($38,000.00 Chan Od Contract Sum: $296,344.80 Contmct hum Previous Chan Orders: .................................. 0.00 Contract Sum Nor to this Chan Order: ................. $296,344.80 Chan Order #1 Increase (Decrease): ................... ( 389000.0D ) New Contract Sum indWin this Chan Order: ............ $2580344.80 Authodzatfon Addendum prepared b BRAUER & ASSOCKT"ES, LTD. Date: Jeffre A Schoenbauer, Re Landscaper Architect ( Re g . #19288) Contractor S of noe: BARBER CONSTRUCTION CO., INC. Date: lo -1 ?-94!r Barber', a dent n ion: OF MAPLEWOOD Date: /� Bruoe Anderson, D jr.6dor of Parks and Recreation End of Chan Order #1 Brauer & Associates, Ltd. 1 June 27, 1995 I/ MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Grandview Addition LOCATION: Crestview Drive, north of Carver Avenue DATE: July 13, 1995 INTRODUCTION ,action 'by. Couna:11 *1 zndoxse Modi.fieci�... Re j ected..�.r Date On June 26, 1995, the Council tabled until July 24, 1995 a decision about this proposed plat. The Council wanted more information about the grading plan and a tree plan. DISCUSSION The applicant's engineer prepared a revised grading plan while showing the existing trees on the site. (See the plan on page 2.) Their tree inventory shows at least 269 large trees on the 18.9 -acre site. As now proposed, the grading plan shows the 92 oak trees along the west property line staying after the project grading. The project grading. would remove all the other trees on the site. Section 9- 193(5)(b) of the environmental protection ordinance requires at least 10 trees per gross acre on the site after grading if there were at least 10 large trees per acre on the site before construction. Since the developer would save 92 large trees, they would have to plant of least 97 trees to meet the city's tree ordinance requirements. The city engineer recommends that the developer plant these trees in the rear yards of the lots and around the sedimentation pond. RECOMMENDATION Adopt the recommendations in the June 16, 1995 staff report for the Grandview Addition. kr:p:Sec 24- 28 /memo34w5.mem Attachments: 1. Revised Grading and Tree Plan 2. June 16, 1995 staff report 3. Revised Grading and Tree Plan (separate attachment) At Z Attachment 1 .............. -41k 1 1� .. ..... ......... . ..... .............. Ca x v rn M3 CD go M rn A C2 %A 3C 1 $° ID C" e� N � Attachment 1 .............. -41k A C2 %A 1 $° ID C" 1 I �° !Dz Attachment 2 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Grandview Addition LOCATION: Crestview Drive, north of Carver Avenue DATE: June 16, 1995 INTRODUCTION Mr. Rick Packer, representing Arcon Development, is proposing to develop lots for 42 homes. The project's name is Grandview Addition. They are proposing this plat on the site formerly known as the Waterford Addition and Mark's Nature Haven. The site also now includes the property at 2405 Carver Avenue. This plat would be on a 18.6 -acre site on the north side of Carver Avenue between Sterling Street and Dorland Road. (See the maps on pages 12, 13 and 14.) To build the development, Mr. Packer is asking the city for two approvals. The first is for a subdivision code variation for long cul -de -sacs. City code allows developers to plat cul -de -sacs up to 1,000 feet in length. As proposed, Crestview Drive would end 1,257 feet from Carver Avenue and Birch Court would end 1,324 feet from Carver Avenue. Mr. Packer's second request is for the preliminary plat for 42 house lots. BACKGROUND On May 14, 1990, the city council considered a preliminary plat for 33 single - dwelling lots for this site. (See the 1990 developer's proposed plat on page 16.) The council tabled the item until the June 11, 1990 meeting to give the developer a chance to meet with the neighbors. On June 11, 1990, the city council approved the 30 -lot Mark's Nature Haven preliminary plat, subject to nine conditions. (See the approved 1990 preliminary plat on page 15.) On June 24, 1991 and July 13, 1992, the council approved One -year time extensions for the preliminary plat, subject to the June 11, 1990 conditions. On December 20, 1993, the planning commission considered a one -year time extension for the .preliminary plat, subject to revised conditions. The commission tabled this time extension for 30 -64 days. The commission wanted to give the developer and a neighbor a chance to agree on a plan On February 28, 1994, the city council ended the Waterford Addition (Mark's Nature Haven) preliminary plat approval because: 1. Government regulations and policies had changed significantly since the city first approved this preliminary plat. 2. More than three years had passed since the city held a public hearing on this plat. There may be new neighbors near the plat site. They should have a chance to comment on the plans to develop this property. 3. There has been no physical activity to develop this plat. 4. Heritage Development, the current developer of the site, withdrew their request for a time extension for the project. DISCUSSION Open Space The Maplewood Open Space Committee called this property Site 168C. They ranked this site 28th out of the 66 they rated and 9th out of the 19 they rated in this neighborhood. The open space committee recommended that the city council buy sites from the top 19 on the list. Maplewood has not included this site in its park or open space acquisition plans. Preliminary Plat Subdivision Code Variation Arcon is asking the city to approve .a 1,257- foot -long and a 1,324 -foot -long cul -de -sac. These are for Crestview Drive and Birch Court respectively as measured from Carver Avenue. Section 30- 8(b)(3) of the code states "In no case shall cul -de -sacs exceed one thousand (1,000) feet in length, unless no alternative is possible." For the development of this site, there are no other possible alternatives. The city has been planning for the extension of Crestview Drive to the east. This street would connect the Grandview Addition to Schadt Drive and Sterling Street. This proposal is consistent with those plans and is consistent with the preliminary plat that the city approved in 1990 for this site. Density Several neighbors thought that there were too many lots in this plat and that they were too small. The proposed lot sizes range from 10,000 square feet to 46,660 square feet with an average lot size of 14,376 square feet. The lots to the north of this site in Maplewood Highlands (Schadt Drive) range in size from 10,800 to 40,000 square feet. City code requires at least 10,000 square feet above a drainage easement and 75 feet of width. All of the proposed lots meet or exceed city standards. The city cannot reduce the number of lots if the developer is meeting the city's ordinances. Trees There are trees spread out Over the site, primarily on the edges and in the ravine in the center. They are mainly cottonwood and elm trees with a few evergreen trees. The city's tree Ordinance does not apply to trees under eight inches in diameter or box elder, cottonwoods or poplar trees. The developer plans to grade most of this site and thus remove most of the trees on the site. Before grading the site, the city should require the developer to submit a tree plan to staff for approval. Maplewood's tree ordinance requires there be at least 10 trees per gross acre on the site after grading if there were at least 10 large trees per acre on the site before construction. 2 Wetlands To build Crestview Drive, the developer would fill the edges of the wetlands near Carver Avenue. Cliff Aichinger at the watershed district told me that the developer may do this filling. This.. is because this proposal is similar to the 1990 development proposal that the watershed district issued a permit for. (S.ee.his letter on page 19.) The city should require wetland buffer easements to protect the wetland areas that will stay. Covenants Several neighbors suggested that the.development should have covenants about the minimum house size or minimum cost of each house on the site. Maplewood cannot require standards in this development besides those already in the city code. The city code does not have any minimum cost standards for homes. The developer may set covenants for the project if they want to. Covenants are a private matter between the developer and the buyers of the lots. Maplewood does not review or enforce these private contracts. Views Another concern of neighbors with this proposal is the impact the new construction would have on their views. The homes on Schadt Drive have a first floor elevation of at least 999 feet above sea level: The proposed grading plan shows the house on Lot 1, Block 2 as the highest in elevation in the development. As proposed, this house would have a first floor elevation of 952 feet above sea level. This is at least 47 feet below the first floors of the houses on Schadt Drive. Thus the proposed development should have little, if any, affect on the views from the houses on Schadt Drive. RECOMMENDATIONS A. Adopt the resolution on page 20. This resolution approves a code variation for a 1,257 -foot- long and a 1,324- foot -long cul -de -sac for the Grandview Addition. The City should approve this code variation because: 1. There are no other practical ways to develop the property. 2. The proposed street design is consistent with city plans and with the plat approved by the city in 1990 for this site. B. Approve the Grandview Addition preliminary plat (received by the city on April 24, 1995). Before the city council approves a final plat, a developer shall complete the following conditions: 1. Sign an agreement with the city that guarantees that the developer or contractor will: 3 a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic - control and street identification signs. V Provide all necessary easements, including an easement for the temporary cul -de- sac. e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. f. Install survey monuments along the wetland boundaries. g.* Remove the debris, junk, barrels, machine shed and the old house from the site. h. Have NSP install two street lights, primarily at street intersections. The city engineer shall approve the exact type and location of the street light. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Show housing styles that reduce the grading on sites where the developer can save large trees. c. The tree plan shall show: (1) Where the developer or contractor will remove, save or replace large trees. (2) The size, species and location of any trees that the developer will plant as replacement trees. (3) All trees that the developer will plant shall be at least 2 1/2 inches in diameter. There shall be no tree removal. beyond the approved grading and tree limits. 4 d. The driveway for 2405 Carver Avenue shall be removed from Carver Avenue and shall be moved to connect to Crestview Drive or to Merillac Court. The existing sewer and water services for 2405 Carver Avenue shall be abandoned and reconnected to the new utilities in the Merillac Court. The owner or developer shall move the utilities when the developer builds the utilities and street in Block 3. e. The utilities shall be designed and installed to serve the property to the west and east. f. There shall be backyard drains connected to the storm sewer system in the following locations: (1) Between Lots 2 and 3, Block 1; (2) .Between Lots 4 and 5, Block 1; (3) Between Lots 7 and 8, Block 1; (4) Between Lots 4 and 5, Block 2; and (5) Between Lots 16 and 17, Block 2. g. All the accessory buildings on Block 3 shall be on Lot 6 with the existing house (2405 Carver Avenue). If they do not fit on the lot, the owner or contractor shall remove them before starting construction or before the city approves the final plat. 3. The developer must get the following: a. Permanent drainage easements to the city for the existing ponds on the properties to the west and east, north of Carver Avenue. The city engineer may waive the easterly off -site pond easement if the developer can design the pond on his site to handle the run -off. b. A street and utility easement to the city for the part of Crestview Drive on 2405 Carver Avenue before building the street or before the city approves the final plat. c. An easement for grading on the property to the east of the site. 4. Show the following on the final plat: a. Drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. The east /west part of Crestview Drive (by Lots 1 and 2, Block 2) shall be named "Boxwood Avenue." c. The wetland boundaries on the final plat as approved by the Watershed District. d. The required ponding easements, wetland easements and buffer areas. 5 e. Change Lot 1, Block 1 to show the area with the wetland and sedimentation basin as an outlot. The owner or developer shall deed this outlot to the city by recording a deed for this outlot with the final plat. 5.* Change the drainage easements so that all the lots have at least 10,000 square feet outside the drainage easement. 6.* Give the city wetland easements over the wetlands. The easements shall cover the wetlands and any land within twenty feet surrounding a wetland. These easements shall prohibit any building, mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential encroachment. 7. If the developer does not final plat Block 3 with Block 1, the final plat shall show the part of Lot 8 in Block 1 as an outlot. The developer or owner shall then deed this outlot to the owners of Block 3 (2405 Carver Avenue) with the final plat. 8. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include any of this grading that is not completed before final approval in the developer's agreement. 9. Obtain a permit from the Ramsey- Washington Metro Watershed District for any filling of the wetlands. 10. The developer or contractor shall get a building permit from the city before building the retaining wall on Lots 3 and 4, Block 3 if it will be more than four feet tall. If the developer decides to final plat part of the preliminary plat, the city may waive any conditions ghat .do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. CITIZEN COMMENTS We asked the nearby property owners for their opinion of these requests. We sent surveys to the property owners within 350 feet of the site. Out of 48 properties, we received 23 replies. Two were for the requests, 19 were against, one had comments and one had no comment. Those for the requests had the following comments: 1. It will make my property more accessible for development. (Stielow -1285 Sterling Street S.) 2, If the project does not create any sewer or water assessments to me. (Herford - St. Paul) See the letter on page 17 for one person's comments about the proposal. Those against the requests had the following comments: 1. It destroys natural habitat for wildlife (deer, fox, birds, etc.) and trees. The DNR should look into the plan and see how this would effect the environment. This is a wildlife sanctuary with swamp area. It should be kept untouched. But if it has to be developed, the natural environment should be kept as much as possible. Lots 12, 11, 10, 3,'2 and 1 of Block 2 should be kept for natural sanctuary. More trees should be planted as a barrier between wildlife and development. Please keep it green for the next generation. It will not come back once we lose it. (Sudoh - 2382 Schadt Drive) 2. The plat in question is part of some of the most heavily travelled therefore best remaining deer habitat in the area in south Maplewood. l would hate to see this wildlife area lost. Carver Avenue area cannot handle the increased traffic this project would bring. Road improvements likely would increase taxes - I am against both the traffic and the taxes. Out- side of these general considerations, this project would clearly impact my particular property negatively. The view specifically - potential exists to alter property values as well. Some possible considerations - for every tree lost to the development, one tree should be planted at the boundary of the development and the existing homes. Consider a significant dollar minimum for finished properties such as $150,000 - $200,000. Increase the lot size and reduce the total number of lots in the plat. Open space would be my preferred option. (Bonfig - 2390 Schadt Drive) 3. The loss of trees and space that make up the natural character of the neighborhood. It should have less lots, larger lots and establish a tree barrier on the north boundary with 10 -to 15 -foot- .tall pines. So many homes with small lots in a small area will certainly devalue the property to the north on Schadt Drive, because of the privacy we now have to the south. An increase in noise and pollution will become a factor when selling. It would be helpful if the developer established certain covenants to the type of structures built. (Hoffman - 2398 Schadt Drive) 4. 1 object because of the lot size and loss of open space and trees. Balance the lot size and property value with surrounding properties, this property and the farm to the east. It could be developed as a golf course. The value of this property has been recognized by the City of Maplewood as an open space resource and it ranked #28 out of the 66 locations studied. This 7 places it in the top 50 percent. I think it should be preserved in as natural condition as possible. (Kaiser - 2406 Schadt Drive) 5. The lots are not big enough to keep a portion for wildlife adjoining homes have contributed. Use it for open space or a golf course. (Gravem - 2414 Schadt Drive) 6. It will result in the removal of hundreds of trees and associated wildlife. The property should be bought by the city as open space and maintained as a wildlife area. (Weinholzer - 2422 Schadt Drive) 7. It destroys the open space concept. It destroys wildlife area which is now plentiful. Way too many lots, where are the covenants? (Snyder - 2430 Schadt Drive) 8. My family is opposed to the development of this property for many reasons - a. The average proposed lot size is much less than the lot sizes in the area - especially those on Schadt Drive which .are directly north of the Grandview proposal. Is there a covenant as to minimum square footage allowed in these homes as we had to follow? b. Maplewood voted yes on preserving open space in our city. This is one of the remaining areas in south Maplewood that has a large deer population along with fox, raccoon, skunk and other wildlife. This habitat would be destroyed in this development. In addition, few of the mature beautiful trees would remain due to the small lot sizes in this proposal. C. Finally, my individual concern, along with my neighbors on Schadt Drive, is the loss of our gorgeous view of untouched land directly south of our houses. Please consider, at least, increasing the size of the lots to preserve this gorgeous open space. (Koza - 2438 Schadt Drive) 9. The effect it will have on the environment. There is certainly not enough area for 42 houses as proposed. The last person who was going to develop this area was going to only put in 15 houses. We pay over $6,000 in taxes. Now you are going to devalue the area with crowded houses. I'll bet you won't tax our houses based on the new ones. It's perfect for county open space. Give us something back for our taxes! !! (Schaefer - 2446 Schadt Drive) 10. I would prefer that Boxwood Avenue (on the northeast. corner) should be a court. I do not want a future extension of the street to be located below my property on the highlands. (Luymes - 2478 Schadt Drive) 11. The holding pond, front yard will get flooded from additional drainage into a pond. I have talked to the developer. Filling and leveling the front yard to street level and resodding would solve this problem. (Sokolik - 2371 Carver Avenue) 12. Where do the children play? - No place for softball, football, etc. (Maybe the street - that is where they play now!) (Schmitt - 2390 Carver Avenue) 0 13. The runoff of water is still the only concern we have as in 1989. . (Wilds - 2410 Carver Ave.) 14: : Maplewood should have a forestry or engineering person save as many trees as possible around the house pads.. The house lots are predictably small. That being said, -the area to the east of the Grandview development (about 10 acres) will be developed in the near future or concurrently with the Grandview Addition. My main concern is with water run -off and additions to ground water. I would like to see the grading plan for the site(s). The north side of our property is a 2:1 slope. Drain the with swale ditches would be appreciated to keep run- off directed appropriately. (Baumgart - 2445 Carver Avenue) 15. There are many developments already in Maplewood. Finish them first. We need to keep some land open and undeveloped in south Maplewood. It should be a community center or have cross country trails. (Bjoraker - 2325- Boxwood Avenue) 16. The high density - too many houses for this small area. Almost same design as previously turned down. This plan calls for more houses! There is no way to enter this area from the north. The increased traffic on Carver Avenue and Dorland Road. 42 homes are too much. (Dahlin - 1234 Dorland Road) 17. Too many houses. (Stokvis - 1240 Dorland Road) 18. The City of Maplewood should buy this property for open space to keep a little beauty and wildlife habitat alive. (Richards -Saint Paul) 19. See the letter on page 18. 9 REFERENCE SITE DESCRIPTION Gross Area: 18.6 acres Net Area: 14.9 acres Proposed Density: 2.8 homes per net acre Existing land use: A house at . 2405 Carver and an abandoned house and shed to the east Property Owners: Larry and Charlene Grand and McCombs, Frank, Roos and Associates SURROUNDING LAND USES North: Houses on Schadt Drive East: A house on a 15 -acre parcel South: Houses on Carver Avenue West: Houses on Dorland Road PLANNING Land use plan designation: R -1 (single dwellings) Section 30 -5 (e) of the city code states: "For One year following preliminary plat approval and for two (2) years following final approval, unless the subdivider and the city agree otherwise, no amendment to a comprehensive plan or Official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. " Past Code Variations On .March 9, 1987, the city council approved code variations for the Budd Kolby Second Addition plat. This plat is south of Linwood Avenue and east of McKnight Road. The council approved variations to allow Dahl Avenue and Dorland Road cul -de -sacs to be 1,275 and 1,225 feet, respectively. On February 8, 1993, the city council approved subdivision code variations for four long cul -de- sacs in the Oak Ridge Estates plat. The approved cul -de -sacs range from 1,125 feet in length to 1,500 feet in length. On May 9, 1994, the city council approved a 1,080- foot -long cul -de -sac for the Budd Kolby Fourth Addition plat. 10 SOILS The Ramsey Soil and Water.Conservation District informed us that the soils on this site are suitable for development if the developer controls the erosion. The District recommends that the developer get specific soils: data before developing the site. kr: p: Sec 24- 28 /memo.34w4. mem Attachments: 1 Location Map 2. Property Line /Zoning Map 3. 1995 Proposed Preliminary Plat 4. 1990 Preliminary .Plat (Approved - 30 Lots) 5. 1990 Developer's Proposed Plat (33 Lots) 6. 5 -4 -95 letter from Sutherland 7. 5 -5 -95 letter from Singer 8. 6 -14 -95 letter from Watershed District 9. Subdivision Code Variation Resolution 10. Project Plans (separate attachment) 11 ., hrt�e 6 Thank you for providing the neighborhood with an opportunity to comment on the proposed development. I find that I am unable to check off any of the boxes on the survey as presented. I have comments to make that are neither in support nor in opposition. I respect the right of a landowner to develop their property. I would, however, expect that such development would not have a profound negative impact on surrounding property owners or the environment. I am concerned about the impact of development on water drainage. T y here currently is a large pond on the land to be developed. WILL THIS POND REMAIN? IF IT REMAINS IS IT LARGE ENOUGH TO ACCOMMODATE INCREASED RUI�IOFF? Cur rent l y when i t rains , or i f we have a f as t spring thaw, a great deal of water ends up running down Carver p g Avenue. Sometimes the water stands on the street, as it cannot be handled by the storm sewers, Of ten it ends up running down Dorland Road South where. I live, and our street becomes a river for a short time. WILL THIS BECOME BETTER OR WORSE WITH THE PROPOSED DEVELOPMENT? WILL THERE BE INCREASED UNDESIRABLE RUNOFF DIRECTLY INTO THE FISH CREEK WATERSHED? SHOULD THOSE OF USE WHO LIVE SOUTH, AND THUS DOWN HILL FROM THE PROJECT, EXPECT TO HAVE FLOODED BACKYARDS AND WET BASEMENTS DUE TO THIS PROJECT? I hope that the issue of drainage will be reviewed closely in the application review process and that experts will be used to assure that wetlands are not degraded and surrounding property owners are not flooded due to this development. I would appreciate receiving notice of public hearings regarding this application. Since ely, r Lind Go 'Sutherland 13 llorland Road S. Maplewood, MN 55119 %� 11z" Attachment 7 ZU May 5, 1995 Kenneth Roberts, Associate Planner City of Maplewood 1830 E Countv Road B Maplewood MN 55109 -2797 Dear Mr. Roberts: Thank you for this opportunity to respond to your April 28, 1995 survey regarding the Grandview development. While I'm aware that eventually development in this area will happen, I was disappointed to see the increase in number of lots proposed in the new plat plan. In 1990 my husband, Roger Singer, worked with the developer on a plan which was agreed to by the owner of the property and the City of Maplewood. This preliminary plat approved in .1990 was for only a portion of the 1995 proposal. Using the 1990 plat information, two additional lots were added, thus reducing total lot size. The 1990 preliminary plat was designed to ensure that lot sizes were in keeping with the existing character of the neighborhood. It would be my hope that the 1990 preliminary plat would be emulated more in the new plat. I'm sure you are aware of the environmental issues with the sewer and wetlands on Carver Avenue. Additional population in this area would exacerbate the existing conditions. I would also like. to request that strict enforcement of the existing tree ordinance be followed to ensure that the stately oak trees on the west side of the plat and any other protected flora be left intact. I would be happy to provide you with information that my husband would have in his file regarding his discussions with all parties involved in the 1990 proposed preliminary plat. Again thank you for this opportunity. Sincerely, .... r .�7. � ..44- .- - " -.e _... '.. ..� f ! j Joan nger 1250 Dorland Road Maplewood MN 55119 a I Ramsey - Washington Metro w JW ° c � C p June 15, 199 9 a CV Mr. Ken Roberts Associate Planner City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attachment 8 District 1902 East County Road B Maplewood, MN 55109 (612) 777 -3665 fax (612) 777 -6307 JUN I C �gj RE: Watershed Approval for Grandview Addition Formerly Waterford Addition and Mark's Nature Haven Dear Ken: At your request I am sending this letter to present the position of the watershed District regarding the continuation of the permit issued to Mark's Nature Haven for the newly renamed Grandview Addition. The 'Watershed District issued a permit for Mark's Nature Haven in 1990 as our permit number 90 -40. This permit provided approval for the crossing of the wetland on Carver Ave. by the main road for the development Crestview Drive. The Watershed District issued the approval for Mark's Nature Haven in 1990 and subsequently extended this permit to the revised Waterford Project in 1993. The District's permit issued to Mark's Nature Haven had no expiration date. Our position, as applied to past approval, is that if a project has changed owners and remains substantially the same in terms of its storm water impacts, impervious surfaces and storm sewer plans. The District will extend the permit to the newly renamed project and the new owner. These conditions exist for the Mark's Nature Haven and current Grandview project with exception of the new lots along Me flack Court. However, these new lots along Merrilack provide little if any change to the storm water management elements of the project. The wetland impacts due to the project are primarily due to filling on the eastern portion of the Wetland that is currently crossed by a driveway to the site. The additional impact would be minor and, in our opinion, is mitigated by the addition of the stormwater treatment pond provided with the project. Therefore, it is the opinion of the Watershed District as the LJU for the Wetland Conservation Act, this project has received prior approval by the watershed district and therefore the wetland impacts are exempt under Exemption Number 24 in the Wetland Conservation Act Rules (MN Rules, Chapter 84 -20). Please feel free to call if you have further questions or concerns. Sincerely, Clifto J. Aichinger , Administrator cc: Rick Packer, Arcon Development 19 Attachment 9 SUBDIVISION CODE VARIATION RESOLUTION WHEREAS, McCombs, Frank and Roos Associates requested a variation from the subdivision code. WHEREAS, this code Variation applies to the Grandview Addition development that would be north of Carver Avenue and east of Dorland Road. WHEREAS, the legal description for this property is: The West half of the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 28, Range 22, except the South 256 feet of the East 170 feet thereof. WHEREAS, Section 30 -8 (b)(3) of the Maplewood City Code requires developers to limit cul- de -sacs to 1, 000 feet in length, unless no other alternative is possible. WHEREAS, the applicant is proposing a cul -de -sac of about 1,257 feet in length and another about 1,324 feet in length. WHEREAS, this requires a variation of 257 feet and 324 feet, respectively. WHEREAS, the history of this variation is as follows: 1. On June 5, 1995, the planning commission recommended that the city council approve this variation. 2. The city council held a public hearing on June 26, 1995. City staff published a notice in the Maplewood Review and sent notices to the nearby property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and the planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variation, because: 1. There are no other practical ways to develop the property. 2. The proposed street design is consistent with city plans and with the plat approved by the city in 1990 for this site. The Maplewood City Council adopted this resolution on 7 1995. 20 Planning Commission Minutes of 06 -05 -95 -2- mmissioner Martin moved the Planning Commission recommend: A. A ion of the resolution which ends the conditional use permit for a machine op for Fulk a Manu turfing, Inc. at 1810 County Road B. B. Adoption of resolution which approves a conditional use permit for ublic building use at 1810 East Cou Road B. Approval is based on the findings requ' by code and subject to the following condi s: 1. All construction shall low the site plan (dated May 2 995) approved by the city. The director of community d lopment may approve r changes. 2. The city shall use the buildin r office and r - oraon ge. There shall not be repair or maintenance of motor vehicles i he buil ' the site, 3. The council shall not review this Commissioner Fischer seconded. gain unless a problem develops. Ay The motion passed. Commissioner Ross moved that staff put together a rep encompassing the campus (community center, city hall, pa works facility) s at the Planning Commission could review the for this area Commoner Kittridge seconded. Ayes —all motion passed. on all of the property �maintenance building and public Rpropriate land uses and zones B. Grandview Addition (Carver Avenue): Subdivision Code Variation, Preliminary Plat, and Zoning Map Change Ken Roberts, associate planner, presented the staff report and answered questions from the commission. Mr. Roberts said the zone change for 2405 Carver Avenue should be dropped because the owner objects and does not plan to develop in the near future. Mr. Roberts also said .Boxwood Avenue could remain dead -ended for an indefinite period of time. In response to a question about wetland filling, it was noted that wetland regulation is the primary responsibility of the watershed district. Commissioner Martin stated, for the record, that she had an interest in property abutting this development and asked about the -extent of farming in an F (farm residential) zoning. Mr. Roberts indicated that, although livestock raising and handling is by conditional use, crop growing is permitted in this zoning. Commissioner Martin expressed concern about preserving wetlands and also about adding two more lots to the preliminary plat that the city approved in 1990. Ken Haider, city engineer, remarked that the proposed ponding sizes and outlet structure were appropriate and consistent with the city's drainage plan. Mr. Haider also stated the rate of discharge would actually be reduced, even though Lit would go for longer period of time. He said rear yard catch basins are typically required to catch the drainage from 3-4 yards, rather than have long swales through numerous yards that dump out at a street. Planning Commission -3- Minutes of 06 -05 -95 Ken Haider assured Commissioner Rossbach that the engineering department does not consider the plans that the applicant has submitted sufficient for erosion control -a different plan with significantly more erosion detail will be required before construction starts. Rick Packer, representing Arcon Development,- concurred with all the recommendations. He said he might be willing to meet with any of the interested residents. Because of topographic constraints, the developer is unable to grade the land to preserve trees and still meet the street grade requirements. Commissioner Sandell remarked that while Mr. Packer had the opportunity to speak to the Planning Commission at this meeting, the people were not getting a voice because it was not a public hearing. Chairman Axdahl said this is a preliminary plat and there will be a public hearing before the Maplewood City Council. Mr. Packer commented that the watershed district said the plat was exempt from the Wetland Conservation Act of 1991 so they don't have any rules to enforce on the project. He said the State of Minnesota's laws include an exemption about preliminary plats that were approved before the enactment of that legislation. Commissioner Rossbach felt this was not the same plat that was approved because two more lots were added. Mr. Roberts confirmed that the watershed board did not have a concern about it. Mr. Roberts also stated that he would have written confirmation of this before the plat goes before the city council. Commissioner Kittridge pointed out that the lot sizes in this plat are consistent with most new lots in south Maplewood. Commissioner Rossbach moved the Planning Commission recommend: A. Adoption of the resolution which approves a code variation for a 1,257- foot -long and a 1,324- foot -long cui -de -sac for the Grandview Addition. The city should approve this code variation because: 1. There are no other practical ways to develop the property. 2. The proposed street design is consistent with city plans and with the plat approved by the city in 1990 for this site. B. Approval of the Grandview Addition preliminary prat (received by the city on April 24, 1995). Before the city council approves a final plat, a developer shall complete the following conditions: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for the site drainage and the pond, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Pay the city for the cost of traffic - control and street identification signs. V Provide all necessary easements, including an easement for the temporary cul -de -sac. e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. f. Install survey monuments along the wetland boundaries. Planning Commission -4- Minutes of 06 -05 -95 g.* Remove the debris, junk, barrels, machine shed and the old house from the site. h. Have NSP install two street lights, primarily at street intersections. The city engineer shall approve the exact type and location of the street light. .2.* Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility,. drainage, erosion control, tree, and street plans. The plans shall meet the following conditions: a. The erosion control plan shall be consistent with city code. b. The grading plan shall: (1) Include proposed building pad elevation and contour information for each home site. (2) Include contour information for the land that the street construction will disturb. (3) Show housing styles that reduce the grading on sites where the developer can save large trees. c. The tree plan shall show: (1) Where the developer or contractor will remove, save or replace large trees. (2) The size, species and location of any trees that the developer will plant as replacement trees. (3) All trees that the developer will plant shall be at least 2 1/2 inches in diameter. There shall be no tree removal beyond the approved grading and tree limits. d. The driveway for 2405 Carver Avenue shall be removed from Carver Avenue and shall be moved to connect to Crestview Drive or to Merillac Court. The existing sewer and water services for 2405 Carver Avenue shall be abandoned and reconnected to the new utilities in the Merillac Court. The owner or developer shall move the utilities when the developer builds the utilities and street in Block 3. e. The utilities shall be designed and installed to serve the property to the west and east. f. There shall be backyard drains connected to the storm sewer system in the following locations: (1) Between Lots 2 and 3, Block 1; (2).Between Lots 4 and 5, Block 1; (3) Between Lots 7 and 8, Block 1; (4) Between Lots 4 and 5, Block 2; and (5) Between Lots 16 and 17, Block 2. g. All the accessory buildings on Block 3 shall be on Lot 6 with the existing house (2405 Carver Avenue). If they do not fit on the lot, the owner or contractor shall remove them before starting construction or before the city approves the final plat. Planning Commission -5- Minutes of 06 -05 -95 3. The developer must get the following: a. Permanent drainage easements to the city for the existing ponds on the properties to the west and east, north of Carver Avenue. The city engineer may waive the easterly off -site pond easement if the developer can design the pond on his site to handle the run -off. b. A street and utility easement to the city for .the part of Crestview Drive on 2405 Carver Avenue before building the street or before the City approves the final plat. c. An easement for grading on the property to the east of the site. 4. Show the following on the final plat: a. Drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. The east/west part of Crestview Drive (by Lots 1 and 2, Block 2) shall be named "Boxwood Avenue." c. The wetland boundaries on the final plat as approved by the Watershed District. d. The required ponding easements, wetland easements and buffer areas. e. Change Lot 1, Block 1 to show the area with the wetland and sedimentation basin as an outlot. The owner or developer shall deed this outlot to the city by recording a deed for this outlot with the final plat. 5.* Change the drainage easements so that all the lots have at least 10,000 square feet outside the drainage easement. 6.* Give the city wetland easements over the wetlands. The easements shall cover the -wetlands and any land within twenty feet surrounding a wetland. These easements shall prohibit any building, mowing, cutting, filling or dumping within twenty feet of the wetland or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands from homeowners' fertilizer and to protect the wetland habitat from residential encroachment. 7. If the developer does not final plat Block 3 with Block 1, the final plat shall show the part of Lot 8 in Block 1 as an outlot. The developer or owner shall then deed this outlot to the owners of Block 3 (2405 Carver Avenue) with the final plat. 8. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include any of this grading that is not completed before final approval in the developer's agreement. 9. Obtain a permit from the Ramsey - Washington Metro Watershed District for any filling of the wetlands. 10. The developer or contractor shall get a building permit from the city before building the retaining wall on Lots 3 and 4, Block 3 if it will be more than four feet tall. Planning Commission -6- Minutes of 06 -05 -95 If the developer decides to final plat part of the preliminary plat, the city may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Commissioner Frost seconded. Ayes- Axdahl, Fischer, Frost, Kittridge, Kopesky, Pearson, Rossbach, Thompson Nays -Martin Sandell The motion passed. Chairperson Axdahi suggested that the city attorney be asked for a comment regarding the ending of the previous plat, government conditions, etc. July 3, 1995 Meeting . .rte mmissioner Frost moved the Planning Commission cancel the meeting my 3, 1995. . f . Col issioner Martin seconded. Ayes —all r , The mot passed. D. Summer Tou ates Ken Roberts, ass rate planner, asked the com ion to suggest dates for the summer tour. It was agreed b the mmission that Mr. Robe would present a few potential dates at the next g Y meeting. Vi. VISITOR MEETING There were no visitor presentatio Vil, COMMISSION PRESENTATI S A. May 22 City Council eting: Mr. Fr t reported on this meeting. B. Representative the June 12 City Coun 'I Meeting: Commissioner Thompson VIII. STAFF PRES TATIONS There we no staff presentations. IX. AD RNMENT e meeting adjourned at 8:30 p.m. , .. MEMORANDUM - auncil Aoltion bat C �nd,orsed..�... TO: City Manager FROM: Tom Ekstrand Associate Planner odif ie - Now" SUBJECT: Conditional Use Permit Revision -- First Evangelical Free Church Rgj DATE: July 18, 1995 Dat - W� INTRODUCTION On July 10, 1995, the city council reviewed the conditional use permit for First Evangelical Free Church. The church was proposing to expand their parking lot. The main concern was the need for additional landscaping for code co mpliance along the south lot line to screen the parking lot from the neighbors. The city council tabled this. review until July 24 to give the church. time to reach an agreement with the neighbors at 2 and 2682 Germain Court. John Gregorson, of First Evangelical, said that they could not schedule a time to meet with the neighbors any sooner than Sunday, July 23. Staff will have the results of this meeting for .presentation to the city council at the meeting. p:sec311 stevan3.cup MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Conditional Use Permit Revision LOCATION: 2696 -2730 Hazelwood Street DATE: June 15, 1995 INTRODUCTION Mr. William McCombs is proposing changes to an approved conditional use permit (CUP) for planned unit development (PUD). The proposed changes are for First Evangelical Free Church at 2696 Hazelwood Street. These changes include adding 133 more :parking spaces to the site and adding landscaping to the south side of the parking lot. (See the maps on pages 5 - 7.) BACKGROUND On August 13, 1990, the city council approved a change to the PUD at 2696 Hazelwood Avenue. The change was to convert the former Health Resources building to a church and day care center. On August 12, 1991, the council reviewed the CUP and decided to review this permit again when the church had plans for their new sanctuary. On October 12, 1992, the council approved a change to the PUD and approved the church's construction and landscape plans for a new sanctuary. See the approved site plan on page 8 and the council minutes starting on page 9. On October 10, 1993, the council reviewed this CUP and requested another review in one year. On February 13, 1995, the council again reviewed this CUP. They found problems with the bituminous curbing and insufficient landscaping. The council tabled their review to give the church time to revise their plans and to apply for a CUP revision to expand the parking lot. Because of this, the council asked to review the permit again on July 10, 1995. DISCUSSION Conditional Use Permit - Parking Lot Expansion The church is planning to expand their parking lot by adding 133 spaces to the east and north of the existing parking lot. (See the proposed site plan on page 7.) After the expansion, there would be 310 parking spaces for the church. The approved site plan (from 1992 - page 8) does not allow this expansion. As such, the church has requested a revision of their CUP and site plan to expand the parking lot. As part of the expansion, the church will remove the bituminous curb and will add concrete curb and gutter around the new parking area. Completion of Site Work - Landscaping Along the South Property Line The church has completed their .Phase I construction (the sanctuary and multi- purpose wing additions). The church does not have a certificate of occupancy yet. They must still provide a planting screen along the south side of the parking lot that is at least 80% opaque and six feet tall. In 194, to meet the screening requirement, the church proposed to add ten six- foot -tall Norway Pine trees behind the Hjelmgren property (2682 Germain Court). The church also proposed to plant 13 more smaller evergreen trees spread out along the south lot line. Refer to the letter on page 13 and the landscape plan on page 15. As of June 12, 1995, the church had not installed these trees. Although these plantings will come closer to buffering the church property from the Hjelmgren's, it will still not satisfy the required 80 % screening requirement for the south lot line. The church needs more landscaping, berming or fencing along the south end of the parking lot to screen the rear yards of the two lots at the end of Germain Court. This is a code requirement. Since this is a code. requirement, the applicant would have to apply for a variance to have less than an 80% screen. The other abutting property owner on Hazelwood Street has an existing solid wood screening fence. The problem, however, is that code specifically requires a six -foot- tall, .80% opaque screen. Even if the neighbors agree to less screening, the applicant must still apply for a variance. RECOMMENDATIONS A. Adopt the resolution on page 16. This resolution changes the conditions of the conditional use permit to expand the parking lot at 2696 -2730 Hazelwood Street. The city bases the approval of this revised permit on the findings required by code and shall be subject to the conditions revised as follows: (I have underlined the additions and crossed out the deletions.) 1. All construction shall follow the plans that the city stamped May 24, 1995, subject to_ the following conditions: , . a. All construction shall follow the site plan approved by the city The director of community development may approve minor changes. The city council may approve major changes. b. Dropping the two parking spaces along the south property line at the east end of the parking, lot. 2. The proposed parking lot expansion construction must be started within one year after the council approves this revised permit or the permit shall end. The Council may extend this deadline for one year. 3. The council shall review this permit, in one year 2 B. Approve the revised plans (stamped May 24, 1995) for First Evangelical Free Church at 2696 Hazelwood Street. The applicant shall do the following: (I have underlined the additions and crossed out the deletions.) 1. Direct or screen Fighting so it is not directly visible from any residential area or public street. Lighting shall not exceed one foot - candle at a residential property line. (Code requirement) 2. Repeat this review in two years if the contractor has not started building the .parking lot. . 3. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap - parking space and an address on the building. 4. Screen all roof - mounted equipment that will be visible from streets or adjacent property. Submit screening plans to the design review board for approval. (Code requirement) 5. Construct a trash dumpster enclosure as required by city code. The enclosure must match the building color. Submit plans for the enclosure to staff for approval. 6. Submit a grading, drainage, utility and erosion control plan to the city engineer for approval before starting the parking lot. 7. Install an in- ground sprinkler system for all �qe landscaped areas�e�l�e -eper� ite . (Code requirement) 8. Submit the plans for all Phase II development to the design review board for approval. 941 Submit a revised screening plan for the south lot line to staff for approval. The plan must show enough planting and berming to provide an 80% screen that is at least six feet tall. This screening is required for the rear yards of the two homes at the end of Germain Court. (Code requirement) 40. Provide at least a 20 -foot setback between the playground and equipment storage shed and the north lot line. (Code requirement) 11. Construct concrete curbing around the arm proposed parking lot and drives. (Code requirement) 12. Paint the doors on the north end of the building. (Code requirement) 13. Submit a cash escrow or an irrevocable letter of credit to the city for any required work that is not completed by occupancy. The required escrow amount shall be 150% of the cost of the unfinished work. First Evangelical Free Church shall give staff an agreement that allows the city to complete any unfinished work. 14. Restripe the existing �rking lot and stripe the new parking lot to meet code. 3 p: sec311 stevan2. cup Attachments 16 Location Map 2. Property Line /Zoning Map 3. Proposed Site Plan 4. Approved Site Plan 5. 10 -12 -92 Council Minutes 6. Letter from John Gregerson dated January 28, 1995 7. Conditional Use Permit Revision Resolution 8. Project Plans (Separate Attachment) 4 Attachment 1 61 65 � F hTS • • i• • • •♦ • • '.. •• • • • ♦ • lot • • • • • • • ♦ ti • •• • _ i • r • • , • • • • • f� • • ' .. :.'• :...� *go* • •. •` '. •.. COUNTY ROAD RD. D 0 G 2. Z. � a ° 19 1. SUMM CT. 2. COU NTRYVIEw CIR. 3. DULUTH CT. 4. LYDIA ST. BEAM o U Z ✓OfyN. yc ts 0 �o s AVE. 19 0 o � -� I�orkhom W Pond U Q ^- KOHLMAN AVE. �n w KOHLMAN ot�y Lokos w A VE. 23 ROAD C c� �r -• o CT c,a cn • •. ALZ o W EDC RD. 65 W ! NO R a " " oEMar�T U. AvE. � • • •wE. t m W .•.. GERVAIS AVE. u CAE f ir I wy BROOKS AVE. �n t� EL EN O � • SEX LYDIA CL Y a 1 c) Y J AVE S 0 (} W S z 0 0 ' GERVAIS GERVAJS AV CT. BEAM {� [ GGRAN DVI EW AVE. W RADA VIKING DR. `►-F- WESSAI AV ' • , ' • 1 i '' K tc f0d Lc Ins CASTLE AVE. .. .. RAM S Y COPE A`F. �'' G� � w � COURT � U Q ^- KOHLMAN AVE. �n w KOHLMAN ot�y Lokos w A VE. 23 ROAD C c� �r -• o CT c,a cn • •. ALZ o W EDC RD. 65 W ! NO R a " " oEMar�T U. AvE. � • • •wE. t m W .•.. GERVAIS AVE. u CAE f ir I wy BROOKS AVE. += BROOKS vs t� EL EN .. • "' • SEX TANT AVE. Z • Four swm;ww a 1 c) TH • - AVE S z GERVAJS GERVAIS GERVAJS AV CT. • •. •. {� [ GGRAN DVI EW AVE. W •• VIKING DR. `►-F- SkiERREN AVF- i '' K tc f0d Lc Ins CASTLE AVE. .. .. COPE A`F. �'' G� LOCATION MAP Q N Attachment 2 i 023 ,GO a•c•. �• V ILLAGE OF MAPLEWOOD PON.DIN AREA oo ( .. n.�to113v3 t - 13 - 1L :• ,9sac. M 2767 Li am 1 2759 0 �►� • e 3 1-7 011 tas 1 .71 - R MIM MEW am =0 1 ' (zo. 90,60 1W '"1 3) ... c� 2747 N S = 00 3 .. s .. ::. • ,s., 2730 (7 2737 ..•:.•.•.• F 300* . . soon- Q . ... .. , .... ,• . . ... . .. .��' ........ ..... ........ ....... ...... ......... . 2731 . .. ...... ..... ............ 1 . ...... .... r► -0 AII Y9,00000. so ..... .... .. 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C 39.8�odo PROPERTY LINE / ZONING MAP R -1 =Single Family Residential C 3 Planned Unit Development R -2 = Double Dwelling F =Farm Residential Church Project 6 Attachment 3 PROPOSED I PARKING LOT ° EXPANSION AREA 4NOWMAS ONO OKI is t � r Z ::rr:::� i i M :..:.•:....:.. •'+eY:• �'•::':'•• 0 ;r �r::::::•:� ...... . ..... - . .. .......... .......... X.. ?: .... ......... ........... } v T F T a t c• ::•:•::::� : :: E ±'i ai - Tij I I I i lie I I i i \ I t I c • C S t ' l j{ ' T } 0 416 4b 0 s al IF r' _ # s [z L ZN O L 0 P o Po 5�p SITE PLAN 4 N Attachment 4 i a rn 0 0 v rq ....... ;•. . . - -- jF vo ` •�� l J � .l £ 53 le M s - t pp�eo v En SITE PLAN 8 <:1 N Attachment 5 2696 Hazelwood Ave% (First Evangelical Free Church) a. Assistant Manager Maglich presented the staff report. b. Director of Conviunity Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: John Gregerson, Representing the Church Terry Hjelmgren, 2682 Germain Court Phil Johnson, Architect Conditional Use Permit Revision d. Councilmember Zappa introduced the following Resolution _ and moved its adoption: 91 - 10 - 137 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the City of Maplewood approved a conditional use permit for a planned anned unit development for a church, day care facility and senior housing project. WHEREAS, this permit applies to 2696 -2130 Hazelwood Avenue. The legal description is: 1. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 518 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR.THEREOF TH N ON SD EL 34.1.4 FT TH N 88 DEG 55 MIN 02.SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 10 DEG 45 MIN 30 SEC E 208.985 FT TH S 40 DEG 55 MIN 02 SEC E 285 FT TO BEG ( SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 20 RN 220 10 -12 -92 12 2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22, PART OF N 8:00 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL. THEREOF 458.6 FT N of SE COR THEREOF TH S ON SD EL 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH 2 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. The City Council approved this permit initially on August 13, 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council revise the above described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances, 2. The use would not change the exi sting or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run - off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or prop osed streets. f � 6. The use would be served by adequate public facilities and service including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. S. The use would maximize the preservation of and incorporate the si te's natural and scen features i nto the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped October 7, 1992. The Director of Community Development may approve minor changes. The City Council may approve major changes. 10 10-12 -92 2. The proposed construction must be substantially started within one year after the City Council approves this permit or- it shall become null and void. The Council may grant up to one one -year extension of the permit. Seconded by Councilmember Carlson Ayes - all Design Review e. Counci lmember Zappa moved to approve the plans stamped October L 1992 Subject,, to th. a appl„ ica±t doing the foldowina: 1 . Direct or screen l i g h t i n g so it is not directly visible from any res i dent i al area or public street. Lighting shall not exceed one foot - candle at a residential property line. 2. Repeat this review in two years if the City has not issued a building permit for this project. 3. Install reflectorized stop signs at all exits, a handicap - parking sign for each handicap - parking space and an address on the building. 4. Screen all roof - mounted equipment that will be visible from streets or adjacent property. Submit screening plans to the .Design Review Board for approval. 5. Construct a trash dumpster enclosure as required by City Code. The enclosure must match the building color. Submit plans for the enclosure to staff for approval. 6. Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. 7. Install an in- ground sprinkler system for the landscaped areas, except the open areas at the northwest side and the northeast corner of the site. 8. Submit the plans for all Phase !I development to the Design Review Board for approval. 9. Submit a revised screening plan for the south lot l i n e to staff for approval. The plan must show enough planting and berming to provide an 80% screen that is at least six feet tall. T h i s screening is required for the rear yards of the two homes at the end of Germain Court. (Plan as submitted and dated 10 -7 -92) 10. Provide at least a 20 -foot setback between the playground and equipment storage shed and the north lot line. I lie Construct concrete curbing around the existing and proposed parking lot and drives. 12. Paint the doors on the north end of the building. 13. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. . 11 10 -12 -92 The required escrow amount shall be 150% of the cost of the unfinished work. First Evangelical Free Church shall give staff an agreement that allows the City to complete .any unfinished work. • 14. No change required in parking on the east side of Hazelwood 9 4 Avenue, from County Road C to Beam Avenue. This well be reviewed within the next 12 months. Seconded by Councilmember Carlson Ayes - all Councilmember Zappa moved to susuend the Rut es of Procedure and-continue-the _Agenda .until comaletion. Seconded b y Mayor Bastian ayes - all 12 �. l .1��,t ' ��� 1 r1 • : �_� I D • F• HOTS: COLOR 223 F 612-7 Tom l ✓kstr, Ci ty o f Maplewood 1830 L. Co. Read 13 Maplew M N 55109 Dear ' 1 "onl t�ansmitta� ty►emo 7671 post -lt`" brand fax from �, PAGE On behalf of First Evangelical Tree Church l ani responding t{) you rega the status of% the c;hur* h's c Om p liancre to the remaining con dition s o f our co nditional us permit. rr()n our conversations, it is my understanding only two conditions remciin to be Satisfied: 1. emi p lianc:e with the comnicrcial property sc C ade a lon g the. church's south pro perty line. ?. Compliance with the concrete curbing c ode for com me rcial parking areas. I wish to emphasize that it is the church's desire to both co mply with all conditions «f ' tour occupancy and to be it g ood ne ighbor. W e are ver distressed to learn that the neighbors think we have fallen sh ort o(" Ott' requirements and our co vena nt With them. This letter highlights the Main ch ose of this situat1011. as We s ee it and outlines what actions we propose to take.. S lot Q. Sm.,en�� Till: chuI't:h did complete the pla nting of'surcen inate along the south lot line as pr the landscape plan approved by the city council. 1'lle Church realizes, however, that we are tiht yot wi thin l itenil compliance ol' the 6', 80% scrreeninj; requirement. Two fa ctor s shOUld be n ot-e d.: I . P1311tS WeTU Used of the size noted on th pla with the expectation ltioln t1l1t th cY Wo "'grow into com We. thought. «-e had the. c agr enient that this was OK, ?. A c,c)rn bination of sevei - e cold and lack of snow cover l as t winter caused winter burn oil nlc)tit of out' plants. This killed the top 6 - of niost plants which, i ll tu l - 1l 1 made the screen even smaller. After talking to the I ljelmgTe..ns (the ne ighbors- to the south ea -st), it is Our understanding tole neighbors still prefer a natural vegetation s reen but would like it higher, denser year around. The � Helingren's also expressed a strong pref crenc:e for Norwav pine to be used in the. sc reen fand to c�� ;it t)n them so that they would ct)m fink nt those pMOS1,ilreaciy in their y.��t'd. The , itv -whe-4 pl an p a p ;hr �wti the ii.daitic)i1 cif l U Nc )rw ay pine ft•olil a po int east of the eastern most light standard on the south l()t line. In addition, the plan calls f ur adding 13 smaller ever green trees in the middle thit'tl ol7the south lot line to provide better year around screcning flor the o ther ne ighbors. C urbil1gj) - n ea t aild nut sidgs of Parkinu lot As per the plain subm as phalt curhi ng W as lit'ST-alleU o.)11 [iii' east cifnd fli:ifl'R Si ear isi co f_si i� ��'i� lot expansion. It has now been b to our attention (hut the council diet not approve this de.tail, even though it was discussed and was on the plan We apo h)gize. for this 1111sunderstancii ,s 1,0a 20' #AP am 9 tr Attachment 6 J r 4N 11 Lj .!.: .-0 1 D: F11 IOTO COLOP F f 1 4 6� Ce - 7, ( tej the i fie ori re,-Lisvii Cul m-sking Misr this klan (in .council at an earlier 11jeetin shows a fulure perkin .expansion exte-ndin, to the ea.s a 11d north would re removing. exis-4tin curbin ,and asphalt is lot lines. This future parkin expansi.on Thercfore,,'a to mporar asphalt curb provided the most cost cheaper and easier to remove. effe ctive curb for fluture expans'011. y for conerctc .cut biji tl'tat At thil point, we. don'fit IM it is f M r o * us to usk our co to pa e a 1110 onl be there-ibra.cmiple. of* y ears- yciL, know, e have C.Rk -d w h a t options 11light tic lia - u i c.,- 3. Amend us 'The rhe 3 a ear pp t.() be: 1. Install C()nc.reteCUTb' 2. Apply now VaCUMIC. ic, full. Tnastersite piffli park Actuall W thou the Illubtul the. -site plan toy i"clUde 0 parkin area. n the parkin ,site plan had alre-ad bee-.n a and all we would have to do is ;;hart buildi • it • was not until Y OU informed me that the last plan the council acted upon is the Onl expansion. alized an amendment Would be necessar In an ease, it is this 3rd one app roved that . we re option we wish to pursue. 'The process has been initiated and a form re f'or- plan le of" weeks, We del"initel can use. the extra parkin t will -itted within a Coup aniendmen be subm tilread it i9JUNt a mimvr nf finlancing Ill;:. c;l p fill sion. Sinee j Ja hn F.. Gre BLil Committe.e. Cliairn-utn and C"hurch board member 14 C . 0 1, --20 195 15 :37 1 D : PHOTO COLCIRl -!ReC_%3 - 4N ... I AX . • 797 - 46 '5-7- r AG & 4 .• �I 1j 01;5L 0 . 6 01" la Mu5 t, F*j I I -%'-r 4. Koo WI-I 6AK ft a'n � I Ff � E� ntz lri Ic�'x�..ca �.._ ........... IZZ r ........ 4p Pelctl Inc 450 � MA 4t Z IX U t V �' Attachment 6 U TOlp JVW 1 4 0 4W L 12 44 Use ��e�5 . . ......... . .... o ." N c��" ti : � A nt �� A p' t ►� G� F� �� c 6f P;i L-a- _ r� JKOL !-JA MM V2 jw t ry 4:4 ?4K 15 Attachment 7 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, the City of Maplewood approved a conditional use permit for a planned unit development for a church, day care facility and senior housing project. WHEREAS, this permit applies to 2696 -2730 Hazelwood Street The legal description is: 1. PLAT -03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESCRIBED AS BEG ON EL THEREOF 458.6 FT N OF SE CORNER THEREOF THEN N ON SD EL 341.4 FT THEN N 88 DEGREES 55 MIN 02 SEC W 578 FT THEN S 133 FT THEN S 88 DEGREES 55 MIN 02 SEC E 33 FT THEN S 70 DEGREES 45 MIN 30 SEC E 208.85 FT THEN S 4.0 DEGREES E 97.65 FT THEN S 69.67 FT THEN S 88 DEGREES 55 MIN 02 SEC. E 285 FT TO BEG (SUBJECT TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22. 2. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESCRIBED AS BEG ON EL THEREOF 458.6 FT N OF SE CORNER THEREOF THEN S ON SD EL 458.6 FT THEN N 88 DEGREES 55 MIN 02 SEC W 578 FT THEN N 667 FT THEN S 88 DEGREES 55 MIN 02 SEC E 33 FT THEN S 70 DEGREES 45 MIN 30 SEC E 208.85 FT THEN S 40 DEGREES E 97.65 FT THEN S 69.67 FT THEN S 88 DEGREES 55 MIN 02 SEC E 285 FT TO BEG (SUBJECT TO HAZELWOOD AVE &EASEMENT) IN SEC 3 TN 29 RN 22. Whereas, the history of this conditional use permit is as follows: 1. On August 13, 1990, the city council first approved this permit to allow a church and day care center on the site. 2. On October 12, 1992, the city council approved a change to the PUD and approved the construction of a church. NOW, THEREFORE, BE IT RESOLVED that the city council revise the above- described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, 16 odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans that the city stamped May 24, 1995, subject to the following conditions: a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The city council may approve major changes. b. Dropping the two parking spaces along the south property line at the east end of the parking lot. 2. The proposed parking lot expansion construction must be started within one year after the council approves this revised permit or the permit shall end. The council may extend this deadline for one year. 3. The council shall review this permit in one year. The Maplewood City Council adopted this resolution on , 1995. 17 MAPLEWOOD PLANNING COMMISSION June 19, 1995 7 P.M. City Hall Council Chambers 1830 East County Road B 1. Call to Order hairperson Axdahl called the meeting to order at 7 p.m. L CALL Comma loner Lester Axdahl Commis s' ner Lorraine Fischer Commissio r Jack Frost Commissione evin Kittridge Commissioner ve Kopesky Commissioner Ma Martin Commissioner Gary arson Commissioner William ssbach Commissioner Todd San I Commissioner Marvin Sigm dik Commissioner Milo Thompson III. APPROVAL OF MINUTES A. June 5, 1995 Present Present Present Present Absent Present — arrived at 7:08 p.m Absent Absent Present Absent Present Commissioner Frost moved appr6val of Commissioner Fischer sesdnded. The motion passed. 1V. APPROVAL OF AONDA inutes of June 5, 1995, as submitted. es —all Commissione ischer moved approval of the amended agenda, ch ing Item 5 b. to read "Parkview Townhous (Londin Lane) — Zoning Map Changes, Setback Variance, nd Preliminary Plat." ComgAsioner Sandell seconded. Ayes —all is motion passed. V. NEW BUSINESS A. First Evangelical Free Church (2696 Hazelwood Street) — Conditional Use Permit Revision Ken Roberts, associate planner, presented the staff report. Skip McCombs of Dennis Batty Associates, an architectural firm, said 20 trees were planted the last two weekends as a screen Along the south side of the parking lot, as previously required. Since staff is recommending the elimination of two parking spaces along the south property line at the east end of the parking lot, Mr. McCombs requested that an additional parking spot be added by extending the curb straight. Jim Gustafson, 2095 East Shryer, spoke representing the church. Planning Commission -2- Minutes of 06 -19 -95 Commissioner Kittridge moved the Planning Commission recommend: A. Adoption of the resolution which changes the.conditions of the conditional use permit to expand the parking lot at 2696 -2730 Hazelwood Street. The city bases the approval of this revised permit on the findings required by code and shall be subject to the conditions revised as follows: 1. All construction shall follow the plans that the city stamped May 24, 1995, subject to the following conditions: a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The city council may approve major changes. b. Dropping the two parking spaces along the south property line at the east end of the parking lot. 2. The proposed parking lot expansion construction must be started within one year after the council approves this revised permit or the permit shall end. The council may extend this deadline for one year. 3. The council shall review this permit in one year. Commissioner Fischer seconded. Ayes –all The motion passed. Parkview Townhouses (Londin Lane) — Zoning Map Changes, Setback. V lance, and Preliminary 'Rlat Ken Rob s, associate planner, presented the staff report an answered questions from the commission. urt Wandrey, the executive vice- president own and Country Homes, suggested that they withdr their request for the setback varian ecause they could comply with the ordinance. He pre tied a revised plan that show a building fronting on the entry road turned so that it would provide th roper setback from th roperty line. Mr. Wandrey then formally withdrew the setback variance requ In answer to uestion about the high number of negative responses from area residents, Mr. Robe said it w typical that neighbors don't want to see development and prefer to have the land remai a space. Julia Archer, 422 Dorland Place, mme d that some of the resistance from residents is because the area is not a fiel/to wetland wit ealthy habitat. She also commented that the developer agreed to drainage syste nd consult an environmental specialist to ensure protection of the wetoberts said the wet d area is shown as an outlot. He said that typically this is dedicity. The city is also re iring a 100 -foot easement from the edge of the wetland for the 1 er area. Dav/Kende, Crestview Drive South, expressed concern ab t the impact of traffic on Londin Lan, Maplewood city engineer, said the city was the 'ng into the possibility of state aid for major maintenance in the future. Mr. Roberts sai according to Ramsey Couection of McKnight and Lower Afton Road could handle east another 6,000 cars proposal should generate about 1000 trips per day. z goo* � v 5 oN MEMORANDUM TO City Manager FROM: Melinda Coleman, Director of Community Development SUBJECT: Rezoning, Preliminary Plat and Plan Review — Parkview Townhomes LOCATION: Between Lower Afton Road and Londin Lane DATE: July 21, 1995 INTRODUCTION Enclosed are revisions to the previous findings of fact for denial of the Parkview Townhome project. The revisions are based on input from Mayor Bastian. He wanted to have his concerns incorporated into the record as he will not be at the July 24 meeting. Attachment spec \parkview.5 SENT BY: 7-21- ? :1 *5PM BANN I GAN & KELLY 61 77 U 4.5064 2/ V iS tai �'�.�� /� MAPLEWOgll CI'T'Y COUNCIL In the Matter of the Application of Town and Country Development for Parkview Project Application ;No. Findings of Fact, .C) nclusions of Law, and Denial of zoning Application, Preliminary Plat Application, and Landscaping Plan Application This matter came on for hearing on July 10, 1995, before the Maplewood City Council on the application of Town and Country Developmen The applicant was re p � resented b► Mr. Al Black. The application seeks to rezone property within the City of Maplewood from the existin farm (F) residential zone to R -3 zoning. The application also sought approval of a proposed preliminary plat and landscaping p1wan. A public hearing was also conducted and testimony provided by any interested members of the public. A motion was made and seconded to deny the application. That notion passed on a vote of -o. The City CotIIlcll then directed City stuff and the Cit. Attorney to p repare proposed � Y p p P P Findings of Pact and Conclusions of Law based upon the file and public testimony available to the City Council. The City Council males the following: FINDING" OF FAC #,(,% 1. Applicant owns the acre parcel in the City of Maplewood as more particularly described on attached Exhibit ,A. 2. The subject property is presently zoned as a farm residence district (F district.). The uses permitted in the F di strict are those slaec.*fled by ordinan p ermitted including the uses in the R. - (si ngle dwelling) residence district• There are adjacent ro ert.ies to the South and Bast zoned F. p I� 4, The Comprehensive sand Use Plan currently designates the subject property for medium•- density presidential development. This classification is designated for various housing types including single - family houses on sinall lots, two- fainily homes, townhou and mobile homes. 5. The applic-at.ic�n requests, in part, a re-zoni rig of the subject property from P district to R -3 (multiple dwelling) residence district. 6. Applicant sought a partial rezone from F to limited business commercial (LBQ. SENT BY: 7-21-95 1: 14PM BANNIGAN & KELLY 612 770 4506;# 3/ 5 70 The Ramse Count En recommended the dedication of three feet of additional ri on McKni 8. The Cit staff recommended tile dedication of a wetland easement to include a proposed pond and a'100-foot buffer between the buildin improvement and the proposed pond., 9. The draina plan has been approved b the watershed district. 41 10. The g radin g and landscapin -plan has been approved b the Department of Natural ReSOU.rces but -ma be subject to additional DNR permits. 1 1. 1 � Cit staff has reported that the proposed rezonin is consistent with the existin land use plan. de-si 12. Notice of the application and proposed rezonin was mailed to those propert owners identified in records filed in Ramse Count I I Cit ordinance and past practice provides that the Cit relies upon the identification of owner obtained from count records. 14. Notice of the application and proposed rezonin was properl made in reliance upon the appropriate records filed in Ramse Count 15. The Cit staff determined that the proposed densit of the townhouse project is e -to 5.7 units per acre. '16. ; :The Ramse Count En reported that the, roads servicin the proposed development , had capacit for an additional 0,000 cars per da 17. "'T'he accurac of traffic. P ro j ections in li of a new interstate interchan in the vicinit is debatable. 18. Traffic projections b the Count En utilized 1993 traffic counts, 19. The accurac of count traffic projections is q uestionable as a result of past inaccurate count traffic projections and failure to consider traffic produced b developments to the south and cast of the subject propert 20. 1 A public beatin was conducted as re b law. 216 Numerous citizens spoke in opposition to the proposed rezonin 2216 Objcctions were raised b citizens re the ne impact of additional traffic upon . pedestrian activities in the sut)ject area. SENT BY 7 -21-95 1 1 PM BONN I GAN & KELLY. ; ? 77 4 506 : # =1 5 2.3. Objections were. raised by numerOLIS citizens as to the motor vehicle safety affected by additional tra ffic relative to the proposed rezoning. 24. City staff reported that the proposed sedimenta pond was not designed to � g contain all s ormwater and snow nielt runoff from proposed development, 250 Objections were raised by nuineroiis citizens as to the adequac of the sedimentation pond proposed for the development and the potential negative environmental im pacts. 26. 'Testimony showed the potential for deprec;itition of adjoining property values as a result of the initial noise generated by a proposed multi - family use. 27. Testimony showed additional compatibility of the proposed posed develo ment with h Y p l p t character cif, the neighborhood to he questionable. 28. Access to the proposed development was concentrated upon a single street rather than dispersing traffic upon other available streets and avenues. 29. *There was di.sc: cession regarding the need for a greater variety of housin es than that proposed in the development, g� 30. A lack of diverse housing stocic has caused property value declines and discouraged owner occupancy in other areas within the City zoned for multi - family residential, 31. Existing neighborhood schools will be crowded even further b the proposed 11 y p p development of multi- family residential. 32. Burden upon existing open space areiets will he increased as a result of p ro p osed developnle o.f intilti- family residential. 33. E existi city :streets as Cl result of rnul.ti- fa.mil r esid ent i al g g Y y development is likely to cause financial burden to the City clue to probable unavailability f sp ecial assessment Y p funding. CONCLUSIONS of LAW 1. The authority of the City Council to zolw property or to amend its zoning is a e Ti • ti v Y n i f l g sla eft. c.t ono the City C�..ounc il. 2. The power of the City Council to arnend and revise the zoning ordinance must be exercised reasonably in furtherance of the . 0lic health, safer and welfare. p y .. Neighborhood testimony in opposition regarding the rezoning application and g lip preliminary plat application may be considered and taken into account b the City C=ouncil. Y y SENT BY: 7-21-95 1 : 1 5PM BONN [ GAN & KELLY -. . - - . 612 770 4506; # 5/ 5 4, The City Council may re'asoliabl conside .: • �vdetice �� • , .. y e all information, docume ntati on, , nd testimony which was heard of th e ub.lic. r ecord • Council at i �' o d and /or presented to the �� t t ae public hearing. Y S. The City Coul)c'i may rely up its ow . • • y p n btickgrou nd a nd knowledge and exper in making i6 decision so long as it does not act unreas �. onab or arbitrarily or capriciou Y 60 The subject property rn;a continue to t • • • , �. Y �e p.ropc��cd for development with the existing zon g cleassi fi cation. 7. There is no evidence or testtiiioJt t�� i ndic ate • constitutes a regu ' Y CdtC that the exlSt�n zonYng district y t��k tng. . The applicant gears the burden of r. • • pe su�tcirn�, the City C ounc il that the reas existin Zoning class class was either rnist�tken or that t he character of the ne ighborhood has ha. to such an zxtent that nit cin• 1 � • •. g c nged reasonable e use ern b m�ide of the p roperty to its r classification. p P � current zoning 90 The Comprehensive Land Use Plan is ad .. and in the case of a conflict the zoning classification takes precedence over the ' �o�.c�preh�ntitve P]an dcs�gnation. 10. The app lication has the cat '- �. ffect the • p eritxctl to adve.tseiy e public health •� f welfare die to traffic, lack �� l�otisi •' •. � , . � sa ety and ho diversity, lack of neighborhood coni atibilt a blic resources •� . p Va r rtcreased burdens upon scarce . and general public oppogrtican. 11. Applicant has failed to bear the burden c.len of prc�v�r�� Suf ficient justifi n for rezoning the su� ject property. 1�. A 11C'atio)11 fOr relln i Pp pr eliminary ry plat approval must be denied as inconsi t ' zoning classification and the our sent with the purp ose of the City subdivision ordinance. 13. Applicati fot' site an landscape andscape plan approval .must be denied a.. i with the zone classification. 5 i nconsistent g M OTION r..l'pon the n.totiurr of Council rnemhe r member seconded by Council • ,the fo�•eg��; �� Find i riffs of .Fact and Conclusio adopted upon a vote of o s of. I.a.w were Z - 3 MEMORANDUM 1% Ut .1.on by COUMAI 4% 1& ndorsed..------ TO: Cit Mana )1odif led----�� FROM: Melinda Coleman, Director of Communit Developmentlk/ R � . ected–�.-- SUBJECT: Rezonin Preliminar Plat and Plan Review— Date Parkview Townhomes LOCATION: Between Lower Afton Road and Londin Lane DATE: J 18, 1 INTRODUCTION At the Jul 10, 19,95., cit council meetin staff was directed to prepare findin of fact to den the Parkview Townhomes project. Followin for y our review, are the findin as prepared b the cit attorne a nd base* d on information obtained from the public hearin The cit council, in addition to den the rezonin should den the preliminar plat and plan review for the Parkview Townh project. Aftachment p:sec121parkview.5 SENTT BY: 7-18-95 4 :13PM BANN I GAN & KELLY 612 770 4 5 U 6:#?/ 9 MAPLE WOOD C11T COUNCIL In the Matter of the Application of Town and Country Development for Parkview Project Application No. Findings of Fact, Conclusions of Law, and Denial of Zoning Appli cation, Prel iminary Plat Application, I nd Landscaping Plan Application This matter carne on for hearing on Ju ly 10, 1 995, b the Map lewood Cit Co P ty ci on the application of Town and Country Developmetit. The a lic;ant. was r e p resented b Mr Block. PP P y . Al 7be application seeks to rez one property within the City of M a p lewood from the exist • •� y P s xng farm residential zone to - zoning. he a liczation also sought approval f a • . � r R 3 T P� g PP o proposed preliminary plat and landscaping plan. A public hearing was also condLic:ted and testimony provided b an interested memo r of the public. Y Y es A motion was nia- de and seconded to deny the application. That motion asset v ,. p P on a ore of 5 - The City Council then directed City s taff and the City Attorn to p rep a re . Y y p pa a proposed Findings of Fact and Conclusions of Uaw based Upon the file and public testimony ' • the City Council. p p o icy avai to The City C::ounci l makes the fol lowing; FINDINGS OF FACT 1. Applicant owns the .20 acre parcel in the City of Maplew as more . Y P e particularly described on attached Exh � _ bi t A. I The subject proper is presently zon as a farm residence district F distri The uses permitted in the F district are those specified b ordinance including the use's Y g e. permitted in the K - (Single dwelling) residence district. 3. The Comprehensive Land Use Plan t urrentl designates the subject r y g � t p operty for medium density residential development. This classification is designated for vario is h g � types including single - family houses on small lots, two - family homes, townhouses and mobile homes. 4. The application requests, in part a rezoning of the subject property from F district � p P y to the R -3 (multiple dwelli residence district 5. The Ramse Co unty Engin rec oniniended the dedication of three feet of additional right -of -way on McKniglit Road. SENT BY: 7-18-95 : 4 :13PM BANN 1 GAN & KELLY -1 612 770 4506; # 3/ 9 6. The City staff' recommended the dedication of a wetland easement • • asenient to include � proposed pond and a 100 -foot btiffer between the building improvcment and the ro osed on P p p 7, The drainage plan has been approved by the wat district. A. The grading and landscaping plan has been a pproved b the Department f . Y p 0 Natural Resources but may b subject to addi DNR permits. 9. C=ity staff has reported that the proposed rezoning is consistent with the existing land use plan designation. 10. Notice of the application and proposed rezoning was mailed to those owners id e n tified .� property de tified 2n records filed in Ramsey C ounty. 11. City ordinance and past practice provides that the City elies u the i dent ifi cation ' Y P identlf�catYon of owner obtained from coUnty records. 12, Notice of the application and proposed rezoning . PP p 1 was properly made �n reliance upon the appropriate records filed in Ramse Coun . Y 13. The City staff determined fiat the ro osed density of the townhouse P P y Ouse project is equivalent to 5.7 units per acre which is within the erformance g uidelin es p g es of the City. 14. The Ramsey County Engineer rep orted that the roads servicing g the proposed development had Capacity for an additional 6,000 cars er day Survey utilized • F y ey utilized 1993 traffic counts, 15. A public Bearing was cond ucted as req uired uired b law. � y 16. Numerous citizens spoke in opposition to the ro osed rezoni p p 17. Objections were raised by citizens regarding i ri g the i act ci addi tional do • . ., ..g p naI traffic upon pedestrian activities in the subject urea. 15. Objections were raised by numerous citizen as to the motor vehicle e safety affected by additional traffic relative to the ro osed rez+pni . P P g 19. Objections were raised b nunicrous citizens as to the e adec�u�,cy of the sedimentation pond proposed for the development and the potential . impacts. p negative environmental 20. There was testimony regardin T tale otential for de . reciati n ' � p depreciation of a djoining property values as a result: of the initial noise generated b the proposed development. y P p e opment. 21, There was discussion reg arding the com atibilit of the proposed development with P Y P the character at' the neighborhood. SENT BY : 7- 18 -9.5 4 14PM B ANN ! GAN & KELLY 612 770 4506:# 4/ 9 22. There was discus re a rdin � i lic; need for a greater variety •' g g a ety of housing types than that proposed in the development. CONCLUSIONS OF LAW 1. The authority of the City COLITICH to zo property or to amend its zoni • legisl ative functio P Y g �s � g e of the City Council. 2. 'Ilse power of the C ity Council to amend and rev' ' • . , . Y revis the zoning, ordinance must be exercised reasonably in furtherance of the public Ilea[th, safet y and welfare. . 3. Neighborhood testimony ill o p p ositi on regardin • _ Y PIS the rezoning application and preliminary plat applic;ution may be considered and t kect into aCC011nt. . by the City Council. 4. The City Council may reasonably consider a informa documentation, evidence, and testimony which was heard of the ublic r • p record and/or or presented to the City Council at the public hearing. S. The City Council rniiy rely upon its own backg round and knowledge edge and expertise in making its decision so loll as it does not act unr e as onably . g isc)nahly or arbitrarily or capric b. The subject property may continue to be proposed for de . ' � ... P P e t oprnent W, th the ex Ls -i g zoning cla&sification. 7. There is no evidence or t.eStimon to indicate that t . y e eXisting z oning di str i ct Constitutes a regulatory taking. A. The applicant bears the burden of pe.rsuadin th existi ( g e Ci C Cou nci l c.il that thc, Zoning; class ification w e-is either mistaken or that the character of the n eighborhood , g boyhood has changed to, such an extent that no reasonahle use can be made of the ro ert in ' . P P y its current zoning classification. 9 . The Comprehensive Land Use Plan is advisor and in y the case of a conflict, the Zoning classification takes precedence over the Comprehensive Plan d .P g n. MOTION Upon the motion of Council member seconded by Council member , the foregoing Findings cif Fact and Conclusions g of Law were adopted upon a vote of I . SENT BY: 7 -18 -95 4 :14PM BANK I GAN & KELLY 612 770 4506: # 5/ 9 1. NOTICE PROVISIONS. There was an issue n co coming whether or not there was defective notice because four property owners within the zone did nt�t receiv t e noti John Ouarnstrom indicated that the City of Map lewciod relies �n Ramsey u y Co my records. The City relied on the appropriate records from the County and afterwards reviewed that the hearing was correct and notice was issued, 240 STAFF REPORT. 'T'own and Count Honies made an applicat Countr pp ton frir a 116 town house development. Their request included a rezone farm to R3, rezone farm to LB C, and a request for a preliminary plat and landscaping P lan. The staff reported that the rezone was consistent with h t e lend use . plan of lz3. The changes meet City approval. The rezone will include one residential lot and thr Commercial lets. The Ramsey Cou nty engineer requested a dedication of the three a.d iii d .onal fect. The City requested a wet land easement over the and and 100 foot buffer P between the building and the pond. There is an extens t ree reservation p lan a reed be twe en P p 8 ee the developer and the City w hcch exceeded the City requirements of ten trees er ac re. re. The water shed approved the drainage plan. The r. NR approved the r • pp grading and landscaping plan. '1*'here had not been established a hig water mark and the w et land buffer was approved with 110 feet from the fOUndtition, Staff reports the objections. by property owners that there were too man multi y family residents and units for the area. 14owever, the lurid use indicated that the density ofllb town House units was proper. This egUated to 5.7 units P er acre. Staff reported that the residents objected to the increased traffic on lower o er A►fton and McKnight. However, Ramsey Cmin .ty engineer reported that the 8 p r oads could hold an additional 6,000 cars per day. Staff reported the property owners indicated that there WOUld a lowering of property values. However, staf reported there is no Wasis for this Comp laint. The w et land pond was .protected by a sedimentation pond and there would be no loss of habitat. Staff recommended adoption of the resolutions of page 22 and 23. ROSSBACH. Rossbach requested whether the landscap plans would b P P e consistently abided with, could the developer be held by withholding occ p ermits, and w ould � P P o d there be an escrow account. Rossbrich also indicated that there would be 585 new e trees planned. 4. PLANNING COMMISSION APPROVED. Application b Al Block - Town n PP y a nd County Development. Town and Country has been a developer since 19,5$ based in .hi • p � Chic ago. 71ey specialize in residential and town houses. This if the first ro'ect in th p } e Maplewood 1 SENT BY: 7-18-95 : 4 :15PM BANN 1 AN & KELLY 812 770 4 5 U 6 : # 6/ 9 area for them. They consider the handscapi ng a major roject. The are committed to tot lot on the east side. P y Urry Peterman, Land Planner and Landscape Architect, said that they had extensive Community meetings and he agreed witf1 the staff recornrnendation of deedin g an easement for the wet land purposes. He indicated that he is increasin .sset back restriction .and the trees were to he as follows: Evergreens - 6 to 10 feet; Shade trees - 2 inches; Ornamental trees - f feet. Mr. Pcterman . indicated that the town house would be occupied or owned on a ra t r151t1r1 th�,y i1rP► inyrifig#wnri i?r�vfb -irb ifkad about thu prioo of t8fi 000 !a 0 1-40 000. The applicant indicated the price ra:ngc is due to size 1,200 to 1 feet. 5. TESTIMONY OF RFSTDENTS. . William Miller 395 Crestview Mr. Miller complained f • • p o Lc�ndin l...ane with additional traffic. He wondered why this was completed before op sp ace. I was con cemed P p with the additional 116 families since Carver School is over capacitated. He also expressed concern of the m ulti - fami units in the area, Shamrock Development in which there i five s i e multi - family units a nd a seven multi- fa rnily unit dawn the road. The traffic that would be the result was a major concern, lie explained that the wildlife Specifically P P tally deer, would have no place to go. He was concerned about resident safet b a s ed y as on no sidewalks, an additional 55 car trips per day, and such rou in. of p eop le in a small g P g p p a are. Michael N O -)n 3�5 Cr s view. His house faces the developme • p ent and L ondin Lane. Ile is worried about the traffic road noise and the safety factor. 12cnnis PaEn&r Mr. Palmer is concerned about traffic control in Maple p ewood. I is concern is that there may not be enOUgh police to control the traffic. He stated that McKnight rode is extensive, fondin La will ha ve too re traffic for a t - lane street, and the zone change should be weighed out with people requests of the le of the area. H � P I said that there is too much density and the Fire department needs volunteers. He also stated that property val will go dawn as a res u lt of the development, Don Haminp. resident cif Conno.rnar& 11. He indicated that it is a beaut . au t .fti I area a should 'be. preserved for open space. Nevg. 5taaa. Ms. Stagge testified that her bedroorn was on the west and stated that ther ee would be more noise and the increased number of people in the area would be disruptive, P p e. D rr' Petersen 34 Kni ht Ro.: 1 . Ms. Peterson indi cated that there would be --. additional traffic on the read. A market analysis indicated that • y at her property value would he less. 7 SENT BY: 7-18-95 4: 1 SPM BANN I GAN & KELLY -� 61 770 4506: # 7l 9 Dave Barg 384 Crestview Undin Lane can not take the additional r t affic. There is al ready traffic surrounding Super America. Walking in the area would be elimin ated-, � Ed I loSkos, 3 74 res view . Stated that tie would lase value on his ro r p pe t He also stated that there is too much paving of the area. Mr. Bulos is also worried about the traffic on Londin Lane. He also stated th -at right now there are 42 species of ' g p bird life in the area. dry [vernon 3, 65 Crestview His back yard is on IA)ndin Lane and he indicates that additional people would be burdensome on the traffic flaw, Riebard Fet rs 2425 L n i.n L��ne M r. Peters �n ' additional • .�.. —=_.._ is concerned with the density and possible crime. He is also concerned with the other multi-family un i y is n the a rea - Sh amrock, Afton 'View, Shamrock II Lind subsidized h ousing . Veronica P erson Ms. Peterson Mated that more people mean - • p p can more schools which would result in even more buildings and greater density. Arno ligaernurdX etn-nom 11 He sa id that he has walked u p a n d -- -•••_ •_ -•_•• down McKnight for the last eight years and the traffic has rown and there has been g e more problems. He is concerned about Woodbury access to 494, l ower. Afton and Shep Road access. He is also concerned with over population and the dense of the area should be considered the e h St. Paul area., also that there are trees the trees are small ones. He is also concerned that the culvert may over flow into the pond. Julie Archer, 422 Dorlan Ms. Archer lzus Several concerns about the sedimentation pond inelUding where the pond is, whether is was reviewed h the Dh1R if it has a p retreatment Y � la nt control for run -off. She stated there is no state wide regulation concerning ertilizer and the w e tl and �' g etland n fight. be jeopardized by toxic wastes and tack of water quality. . M ark'.Mathe, Mr. Mathe is concerned abOLIt how the LUalit of life would � y be affected. He is al concerned about the building south of Maplewood, the traffic on McKnight and they are "trying to make a buck" with the tax money and there could be lower Y property values. tither ne L,a�, Dorland P1,4ce Ms. Laska is concerned about the traffic • • e issues. Davi .Be"h, 463 Cr_K gZiew . He is concerned about the traffic on � n i . Lo d n Lane and McKnight tra ffic a nd loss of green spac Dick ,Ridlev 2424 Landin Leine Mr. Ridley is concerned with the additional traffic c t at would, be a result and how it would affect walking in the area. Warren Lg�tkin 2414 Pond He is worried that because there is no side walk in the area, 3 StN"I W: 7 -1 t3 O 4 :1 bVM BANN I GAN & KELLY 612 770 4506 # $l 9 the driveway is like a commercial lot. Dr,, ") i. Crodun Dr. Crodan is concerned with t envi ronme nt a l e 1 impact and the sedimentation pond, the add itional vehicles of the 116 unit~ and the over all it�lit of life . � Y in the area. Jr,rr He is concerned about multiple dwellings, traffic problems includin g the McKnight, additional traffic on McKnight, c un -ar v . Mr. Young is concerned with the additional try t {ffic on Mc h g and Londin Lane. I-Ie is also concerned witia high densities and school P robletns. Mr. Saundet', 394 HiLh Point His conc erns included pedestrian traffic can Londin Lane and the increased amount of traffic in the area. :ill Daviti� 246.5 .. �.,ondin Lane His ecincc:rn is what the extra amount of traffic will do to the area. Xp..1 Naihma5. 3 ,?Pond His concern i ncluded the increase of traffic in the area. Donna Kim h . She is also concerned abort the traffic. Mard_ell Ki nto . Traffic is the mein concern of Mr. Kinto. Chafl , Selmer Mr. Selmer is concerned al)out (lie speedin on McKnig Road. 6. DETE LOPER RESPONSE. The Developer indicated that the storm drainage has a better st yle and better plan and that they ti be able to monitor the and and the water q uali ty F q ty 0 , sedimentation The drainage Concern in the culvert is not affected, he indicated of Possibly exploring an acces th the coninierc;ial area. His r ep o rt s and re . F cords indicate that ail additional 25 children will be impacted by the school system. 7. BA►STIAN. Mr. Bastian inquired whet the farm deli nation and residential area would be 3.7 people per acre, 60 to . 70 farnilies in single homes. �. ROSSBACH. He stated that County Rand C.; hati 1,400 cars P er hour. He does have traffic; concerns. Mr. Rossbach addressed farm zoning code - is there a spirit intent.? 9. CARLSON. Mr. Oarlson h -is traffic concerns. 10. BA►STIAN. Mr. Bastian inqu ired whether or not i wits similar to B Y w hether hether the holding ponds were actually a. good design. There is no documentation concerning that at 4 SENT BY: 7 -18 -95 4 :17PM BANN [ GAN & KELLY" 61-9 770 4506;# 9/ 9 the. additional traffic is limited to 6,000, he said that the traffic: roblem b McKnight an P Y g d upper Afton Road by Mr. Haider's estimate is 8,500 on Mc:Kni ht and S 100 on tower Aft on. In ad single � g ' • to the question of family homes for kids, he doesn't believe there will be river 24 kids and normally the City alerts the school for any typ es of new development. Mr. Bastian diseussed the character of the neighborhood. The quads on Maryland an T erndale had too many units that didn' sell, there is the o p+ortunl for senior ho P ty ousing and the need for the population. He also explained the character of the neig loss in property development ecj t�ates to Joss in value. The Cit turned down the .. y project on value. The traffic; alone will not turn down the devel P meth. The run -off is a question of concern. Mr. Bastian is concerned abou the pond and the water sed imentation, the pond size, whether the sedimen can cover all of the run - off as a result there v OUld be direct flow into the ond. He address ' P es the issue concerning the pond and location. The pond may not be used as a proper kind area. l P l; Mr. Ba stian talked about Londin Leine and the in dication that it is dangerous, gerous, and there may be need for fou lanes for purposes of maneuvering. He also stated th • at 6,000 cars can .Mc,Knight is ludicrous, as a res of the interchang with Woodbury . � ry, .here will be more He also stated that the neighborhood is fear to dense for additional multi-famil un it s . The amity uni storm- water is not sufficient for holding the settling Fund and the four lane roa sh I road should ould not ha ve new development. Traffic: is a dan er, it was testified that the residents esidents have to wait for six or seven cars to get to their ni,iilbox. The volunteer fire department m eets emergent needs and reS unsi il.it'e ' Y p b ties. He indicated there. will he a boss of species of girds and the noise will depreciate v • p aloes. In his experience in development over the years, there should be a varier of bousin . He is n y g of sure whether the extensions of public service will serve the needs and the water n - ru off due to the recent inud- slides is an increasing problem which rn . g P may result in the contamination of the main. Fond, 5 -J1_N- 15- 1995 16: 22 1 612 755 6240 1 612 755 1362 P. 03 eWt8 IT k (PARKVIEW PROJECT) Le Descript Description of a 20,2972 acre tract of land bein out of and part of the Northwest 1/4 of the North 1 of 0 Section 12,, Township 28,, Ran 22,, being' herein more particularl described b metes and bounds.as follows Co at the northwest section corner of said Section 12; thence with the West line of said section South 00 degrees 17 minutes 21 seconds west a distance of 1362.12 feet to a point of intersection of the south line o f the north 362,00 feet and said west section line.- thence with the aforement ioned so ' uth line of the north 36.2o00 feet North 88 de 1.5 minutes 28 . �seconds East a distance of 705,45 feet to the point of be he thence continuin with said south line of the north 362.00 .feet North 88 de 15 minutes 28 seconds East a distance of 611-59 feet to a point i the east line of the Northwest 1 of the Northwest 1/4 of said Section 12; thence with said east line of the Northwest 1 of the Northwest 1 South 00 de 18 rainutes, 43 seconds East .a distance of 951*23 feet to a point for the southeast corner of the Northwest 1 of the Northwest 1 of said Section 12; thence with the south line of said Northwest 1 of the Northwest 1 South 88 degrees 18 minutes 50 seconds West a distance of 1067,31 feet to a point for the southwest corner herein; thence leaving the aforementioned south line throu said Northwest 1 of the Northwest 1 of Section 21 the followin five ( 5 ) courses and distances JL North 00 de 17 minutes 21 seconds West a distance of 450-13 feet to a point; 2 North 88 de 18 minutes 50 seconds East a distance of 40.01 feet to a point 3) North 00 degrees 17 minutes 21 seconds West a distance of 235,02 feet to a point; 4) North 88 de 15 minutes 29 seconds East a distance I of 415.46 feet to a point-, 5 North 00 degrees 18 minutes .4 .3 seconds West and distance of 265.08 feet to the point of be I S and except the South 33 feet for ri of wa purposes bein 0.8086 acres for a net acrea of 19.4886 acres. J�l TOTAL P.031:1 AGENDA NO. 17� °T(): Mayor and City Council FROM: Assistant City Manager DATE: July 14, 1995 AGENDA REPORT Grc�v�, ,�u ll Action by Couneil :i Endorsed. ModifiecL. -.,�.. ,. Rej Date RE: CABLE COMMUNICATIONS FRANCHISE ORDINANCE AND AGREEMENT INTRODUCTION At the July 10 meeting, the City Council adopted a new joint and cooperative agreement which creates a new Ramsey/Washington Counties Suburban Cable Commission of which Maplewood is a member city. In addition, the Council conducted a public hearing and adopted the first reading of the cable communications franchise ordinance. This ordinance grants the cable franchise to Group W Cable (Meredith Cable) to operate and maintain a cable communications system in Maplewood. This ordinance requires a second reading before it becomes effective. The purpose of this report is to conduct second reading for the cable franchise ordinance and agreement for its adoption. BACKGROUND Maplewood is one of twelve communities that formed a commission to administer the cable communications franchise in the northeast suburban area. The communities that compose the Ramsey/Washington Counties Suburban Cable Commission are Maplewood, Oakdale, North St. Paul, White Bear Lake, White Bear Township, Lake Elmo Vadnais Heights Grant p Township, Willernie, Birchwood Village, Dellwood, and Mahtomedi. In 1983, Maplewood became part of the R/WCSCC. The Commission was given authority to adopt a franchise ordinance on behalf of the cities, but it was not given the power to handle the renewal of the cable franchise. The cable franchise does not expire until 1998. However, Federal law states that negotiations can begin three years before the expiration. There is no organization with the authority to negotiate with Meredith Cable. Since there was some dissatisfaction with the current Cable Commission structure, it was recommended that a new revised Commission be put in place rather than attempting to correct the current Commission. The new "471" Commission (Ramsey/Washington Counties Suburban Cable Commission II) is different from the previous Commission in several ways. The size of the new Commission is half of the previous one. The new Commission is more accountable to the member cities through the budget process and the members' ability to withdraw from the Commission. And lastly, the weighted voting system is now based on the amount of revenue that each member city contributes to the Commission rather than by population. In addition, the new Commission requires that each member city must individually - grant the identical cable franchise and agreement to Meredith Cable by ordinance'. It is that ordinance and agreement which are before the Council for second reading. RECOMMENDATION It is recommended that the City Council conduct second reading of the cable communications franchise ordinance and then adopt the ordinance and agreement. 2 E t MEMORANDUM t Date: June 5, 1995 ' From: Thomas D. Creighton, Legal Counsel g g Cou se RWCSCCC�- To: Member Cities, Ramsey /Washington Counties Suburban Cable Communications Commission Subject: Proposed new Joint and Cooperative Agreement, Franchise Ordinance and Agreement As you may be aware, the current Joint and Cooperative Agreement creating the Ramsey /Washington Counties Suburban Cable Communications Commission ( "Commission ") does not include the authority for the Commission to handle the issues and procedures regardi renewal of the current cable communications franchise. It is, however, time for the three year federal window to open regarding the renewal of the franchise. Knowing this, a task force was formed to undertake an extensive study of the structure and duties of the Commission. This was done to advise the Member Cities re ardin a g g cooperative structure which could better serve the cities in meeting the telecommunications needs of the area for the foreseeable future. As in any study, there were many agendas both at the Commission and the Member City level. Foremost in the discussions was the issue of developing a system which could vest more authority in the Member Cities, while leavin g the mundane day -to -day administrative tasks at the Commission level in an effort to save time and resources. Also of concern were the size of the Commission and the attendant costs of administration. The current Commission was required by state law to have two representatives from each city, with alternates. [PLEASE NOTE: For the ease of reading this memorandum, both cities and townships are referred to as "Cities" .and "Member Cities. "] BERNICK AND LI FSON _ A PROFESSIONAL ASSOCIATION _ ATTORNEYS AT LAW ROSS A. SUSSMAN SUITE 1200, THE COLONNADE tALSO ADMITT IN WISCONSIN NEAL J. SHAPIRO 5500 WAYZATA BOULEVARD *ALSO CERTIFIED PUBLIC ACCOUNTANT SAUL A. BERNICK MINNEAPOLIS, MINNESOTA 55416 - 1270 THOMAS D. CREtGHTON LEGAL ASSISTANTS SCOTT A. LIESON TELEPHONE (612) 546 -1200 JO BROWN DAVID K. NIGHTINGALE? JOAN M. SCHULKERS PAUL J. QOAST FACSIMILE (612) 546 -1003 KATHRYN G. MASTERMAN THERESA M. KOWALSKI REBECCA J. HELTZER ROBERT J. V. VOSE MEMORANDUM t Date: June 5, 1995 ' From: Thomas D. Creighton, Legal Counsel g g Cou se RWCSCCC�- To: Member Cities, Ramsey /Washington Counties Suburban Cable Communications Commission Subject: Proposed new Joint and Cooperative Agreement, Franchise Ordinance and Agreement As you may be aware, the current Joint and Cooperative Agreement creating the Ramsey /Washington Counties Suburban Cable Communications Commission ( "Commission ") does not include the authority for the Commission to handle the issues and procedures regardi renewal of the current cable communications franchise. It is, however, time for the three year federal window to open regarding the renewal of the franchise. Knowing this, a task force was formed to undertake an extensive study of the structure and duties of the Commission. This was done to advise the Member Cities re ardin a g g cooperative structure which could better serve the cities in meeting the telecommunications needs of the area for the foreseeable future. As in any study, there were many agendas both at the Commission and the Member City level. Foremost in the discussions was the issue of developing a system which could vest more authority in the Member Cities, while leavin g the mundane day -to -day administrative tasks at the Commission level in an effort to save time and resources. Also of concern were the size of the Commission and the attendant costs of administration. The current Commission was required by state law to have two representatives from each city, with alternates. [PLEASE NOTE: For the ease of reading this memorandum, both cities and townships are referred to as "Cities" .and "Member Cities. "] Thomas D. Creighton Memorandum June 5, 1995 2 Please find enclosed the results of an extensive amount of work at the task force level, including involvement by the Commission, many representatives of the Member Cities, and other interested parties. Enclosed for your review is a proposed new Joint and Cooperative Agreement and a new Franchise Agreement and Ordinance both recommended to be adopted by the Member Cities. Also included is a sample resolution for your use if you so choose to adopt the Joint and Cooperative Agreement by resolution. JOINT AND COOPERATIVE AGREEMENT The original joint powers agreement used the authority of Minnesota Statutes Section 238 to delegate to the Commission the ordinance making authority of the Member Cities. The Commission then proceeded to adopt the cable Franchise Ordinance and the Franchise Agreement under which the cable system for the area was constructed, regulated, and administered. Minnesota Statutes also provide that a joint powers commission may be set up pursuant to Section 471. Under Section 471, each city must adopt its own Franchise Ordinance and Agreement and then delegate to. a joint powers commission any regulatory powers and administrative duties which the cities deem appropriate. The task force is recommending that the current 238 Commission be dissolved and replaced by a 471 Commission. The advantages of the new Section 471 commission are numerous and include: 1. The cities would retain the ordinance making authority, thereby enabling them the opportunity to exercise greater .control and influence over such things as the budget process. 2. If a . situation arose which was not able to be resolved, a city would retain its ordinance and could withdraw from the commission, undertaking its own franchise administration and regulation. 3. Each city would only have one director on the Commission, with an alternate, cutting in half the "bodies" which would need to be involved in the administrative and regulatory processes. 4. The budget process would be more "city accountable" in that each year the proposed budget would be forwarded to the cities providing an opportunity for feedback before the adoption of the final budget. Although city approval of the budget would not be required by the city, an inability of the Commission to reach accord with the cities would leave the option Thomas D. Creighton Memorandum June 5 , 1995 3 to a city to withdraw from the Commission if budget concerns were not addressed in an acceptable manner by the Commission. 5. The cities would have a greater influence on the franchise renewal process since the franchise could not be renewed without the approval of all of the cities, who would actually be adapting each of their own franchise ordinances upon renewal. Of course, since the cable system is one system for all of the cities, the ordinances adopted b the cities would have to P Y be, identical. Therefore, in order to reach the necessary identical franchises, any accommodations required would happen at the city level, not at the Commission level. All cities would have to be satisfied with the renewed franchise. 6. The voting structure of the new Commission has been modified to reflect the actual monetary contribution from franchise fees from the individual cities to the Commission. The entire franchise fee payment for all member cities is treated as 100%. A city is afforded a number of votes on the Commission which is the same as the percent of the whole which its franchise fee represents. If a city's contribution is 12% of the total franchise fee, it would have 12 votes on the Commission. 7, A voting scheme has been developed so that the larger cities can prevent an action from being. taken by the Commission, but also cannot cause an action to be taken by the Commission without the concurrence of at least some of the smaller cities. This is accomplished by requiring that all official actions of the Commission must receive 2I3 of all authorized votes cast on an issue and the affirmative vote of a majority f the total appointed Y PP Directors or six (6) Directors, whichever is less. FRANCHISE ORDINANCE AND AGREEMENT As previously discussed, the current Franchise Ordinance and Agreement was adopted by the Commission. In order for a new 471 Commission to function, the cities must each adopt P their own Franchise Ordinance and Agreement. Enclosed is the Franchise Ordinance and Agreement for your adoption through your regular ordinance process. NOTE: There is a current ordinance and agreement in effect between the company and the Commission. The cities have not been involved in the development of the enclosed documents because there is no change in them from the currently effective documents. Cities are merely adopting the enclosed so that the relationship between the company and the cities P Y will be a direct relationship. This will further streamline the renewal rocess, since each city Y will be renewing its own ordinance and agreement with the company. Thomas D. Creighton Memorandum June 5, 1995 4 THE ENCLOSED ORDINANCE AND AGREEMENT ARE SIMPLY THE COMMISSION DOCUMENTS PUT IN THE NAME OF EACH CITY. The only change in the enclosed from the documents originally adopted by the Commission are those changes which reflect changes which have been made in the system since the original adoption of the ordinance. The ordinance contains a recital to the effect that these new documents are intended to be the same agreement which existed between the cable company and the Commission. Now, however, that relationship is between the cable company and the cities. THE PROCESS You should undertake the following process to effect the recommended change: 1. Adopt and sign the attached Joint and Cooperative Agreement. If your city only requires a simple motion to do such a thing, then do that. If you require a resolution, please find enclosed a sample for your reference. You may modify the resolution and the signature block on the Joint and Cooperative Agreement to conform with your format and individual city procedure. DO NOT ALTER THE BODY OF THE JOINT AND COOPERATIVE .AGREEMENT. 2. t and sign the c d Franchisc Ordi=gg and Fmchi A re m nt. Use whatever process your city uses for the adoption of ordinances. If publication is required before effectiveness, proceed with publication. If a summary can be published, let us know and one will be prepared for you. I . The Joint and Cooperative Agreement will not be effective until all 12 municipalities have adopted it, unless by September 1, 1995, eight (8) municipalities have adopted the Agreement, in which case those cities will proceed with the dissolution of the existing commission and the creation of the Section 471 Commission. A municipality who has not been able to adopt the Agreement by September 1, 1995, but who subsequently adopts the Agreement by October 15, 1995, will be accorded full membership This time line is essential for the new Commission to meet both the budget timetable and the renewal time requirements. If a city decides not to join the new Section 471 Commission it will need to adopt its own Franchise Ordinance and Agreement, and will be responsible for its own administration and regulation, including all of the work and expenses of renewal. .I . Thomas D. Creighton Memorandum June 5, 1995 5 4. Once the Joint and Cooperative Agreement is adopted and s send a copy of it to the attention of: Thomas D. Creighton Bernick & Lifson Suite 1200 The Colonnade 5500 Wayzata Blvd. Minneapolis, MN 55416 Copy to: Tim Finnerty Ramsey/Washington Cable Commission 7245 Stillwater Blvd. N. Oakdale, MIS 55128 Pleasg includf, in your mailing the n ad and i2hone number f the individuals you a�tioint as your director and alternate Please indicate which is the director. 5. Once the Franchise Ordinance and Franchise Agreement is adopted and effective such that the -appropriate signatures may be affixed, please forward the original signed documents to: Thomas D. Creighton Address above I will secure the signature of the representative of the cable company, returning to you the original signed documents for your files. The new ordinances and agreements will not be effective until such time as the company signs them all. 6. Each city will be advised of the meeting times to dissolve the old Commission and create the new Section 471 Commission. If you or your city attorney has any questions, please feel free to contact me. The Commission leadership, staff and legal counsel are available to attend any meetings at your city should your leadership require additional explanation or advice regarding the above. Thank you for your patience, attention, and consideration of the above. We all look forward to a new era of cooperation and progress in the meeting of the telecommunications needs of our cities now and in the foreseeable future. ORDINANCE SUMMARY ORDINANCE NO. An Ordinance, including a Franchise Agreement as Exhibit I to such Ordinance, granting a Franchise to Meredith Cable as the successor to Group Cable of' p Ramsey /Washington Inc., to operate and maintain a Cable Communications System in the Municipality of Maplewood setting orth conditions accom an in g p Y g the grant of Franchise; defining the meaning of Franchise; providing for regulation and use of the System; and including penalties . for violations thereof. ARTICLE 1. STATEMENT OF INTENT AND PURPOSE AUTHORITY FRANCHISE APPLICATIONS The Municipality of Maplewood ( "Grantor ") intends by the adoption of this Ordinance to bring about the development and operation of a Cable Television System ( "System ") to better utilize public services and to better facilitate the communication needs and desires of citizens of Grantor, and the surrounding area and the Member Municipalities of the original . Ramsey /Washington Counties Suburban Cable Communications Commission ("Commission"). In addition to this Ordinance, Grantor and Company shall execute a Franchise Agreement ( "Agreement ") governing the relationship between Grantor and Company; the terms and conditions of the Agreement are incorporated into the Ordinance by reference and are attached as Exhibit I. The Commission granted the original Franchise for a System operating within the Commission's territorial boundaries and the Commission carried out the on oin administration g B- and enforcement of the Franchise. The original Commission is to be dissolved, a successor Commission is to be created, and the individual Member Municipalities comprising Commission p p g including Grantor, must individually enter into a franchise relationship with Group Cable of P Ramsey /Washington, Inc. d /b /a Meredith Cable ( "Company ") pursuant to the same substantive terms and conditions of the original Commission's Franchise. ARTICLE 2. SHORT TITLE This Ordinance shall be mown and cited as the "Cable Communications Franchise Ordinance". ARTICLE 3. DEFINITIONS The definition section contains 24 terms which are defined for the purpose of the Franchise. ARTICLE 4. . GRANT .OF AUTHORITY AND GENERAL PROVISIONS Section 1. General. Grantor intends to adopt a replacement Franchise and enter into a Franchise relationship on substantially the same terms and conditions. as reviousl existed between the p y original Commission and Company and the prior Franchise terms and conditions continue in full force and effect, and supersede any inconsistent term or condition. The Franchise is g ranted pursuant to the terms and conditions contained therein which shall be subordinate to all applicable provisions of state and federal laws, rules and regulations. Section 2. Review. Company's technical ability, financial condition and legal qualifications were considered and approved by the original Commission, including Grantor. Grantor accepts the review of the original Commission and approves Company's ualifications for the a q purposes contemplated herein. Section 3. Authority. The Grantor grants to Company authority to use the streets for constructing, repairing, and operating such 'facilities and eq uipment as are necessary for the � operation of the System; subject to Grantor's regulatory authority. Section 4. Term The Franchise is granted for 15 years. Section 5. Non - Exclusive The Franchise is non - exclusive. Section 6. Required. Any System which makes use of the streets must be Franchised. ARTICLE 5. DESIGN PROVISIONS The System shall contain 450 MHz cable with 64 downstream channels, 4 return (upstream) channels, and shall have a separate Institutional Network. The System shall comply, at a minimum, with the technical and performance standards promulgated by the FCC. The Grantor may require testing of the System. ARTICLE 6. CONSTRUCTION PROVISIONS All facilities of Company shall be constructed and maintained in compliance with applicable law and shall not interfere with or endanger use of the streets or public property. ARTICLE 7. OPERATION AND MAINTENANCE The Company shall maintain a toll -free number for the reception of complaints, and shall maintain a repair service capable of responding to r complaints requests for service within 24 p q hours. All regulatable rates and charges shall be subject to regulation by Grantor. 0J, ARTICLE 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS Company shall furnish a performance bond approved by Grantor in such amount as Grantor deems to be adequate compensation for damages resulting rom Company's g nonperformance. Company shall indemnify and hold harmless Grantor and maintain liability Y insurance in such amount as Granter may require. ARTICLE 9. REVOCATION ABANDONMENT, PURCHASE AND REMOVAL OF SYSTEM. Grantor may terminate and cancel the Franchise in the event: (1) Company substantially violates the Franchise, (2) Company attempts to evade the Franchise, (3) Company practices any fraud or deceit upon Grantor, (4) Company becomes. insolvent, (5) Company is adjudged bankrupt, (6) Company materially misrepresents a fact in the application for or negotiation of the Franchise, or (7) upon the conviction of any agent of Company of the offense of bribery or fraud connected with awarding of the Franchise. Upon termination of the Franchise Company shall remove its facilities. If the System or Franchise is offered for sale Grantor shall have the right to purchase System. .ARTICLE 10. RIGHTS OF INDIVIDUALS PROTECTED No Subscriber shall be monitored to determine viewing patterns or practices without the express written permission of the Subscriber. No information or data obtained b monitoring g shall be sold or otherwise made available to any party other than to Company, unless Company p Y has received specific written authorization. The Company may conduct System sweeps to review System performance. The Compan shall provide a Subscriber, upon request, with copies of all information relating to such Subscriber. ARTICLE 11. COMMUNITY PROGRAMMING.- COMMUNITY PROGRAMMING CHANNELS AND INS'T'ITUTIONAL NETWORK REQUIREMENTS Company shall provide Community Programming, pursuant to the Agreement. The Grantor shall provide at least one specially designated noncommercial public access channel available for use by the general public on a first -come, first- served, nondiscriminatory basis; at least one channel for use by local educational authorities; at least one channel for local government use; and at least one channel for lease. Whenever a specially designated channel is in use a sufficient period., as set forth in the Ordinance, Company shall provide an additional specially designated channel. p Y g 3 Grantee shall also provide an Institutional Network twork as set forth in the Agreement. Grantor will assume responsibility or the If � y Net in accordance with the .Agreement. The Grantor shall- have complete and unrestricted access to the . Community Programming Channels and the IlNet the Company shall have full responsibility f ' • p y or the maintenance, repair, and technical performance of the same. ARTICLE 12. MISCELLANEOUS PROVISION S . Section 1. C�mDliance with Laws Company • p y shall conform with all federal, state and local laws and regulations regarding cable communications. Section 2. Sale or T. ransfer An sal . Any e or transfer of the Franchise or creation of a new controlling interest in Company is prohibited except at p the approval of Grantor. Section 3. Amendment. The Ordinance sets forth procedures for amendments. Section 4. Franchise Renewal Grantor . may review and assess a request to renew the Franchise in accordance with federal law. Section 5. Administration of Franchise The R Counties amseyfwashington Suburban Cable Communications Commission shall be responsible . p e for the. continued administration of the Franchise. Grantor may issue such reasonable rules - and regulations concerning the construction. operation and maintenance of System as are consistent i ' with the provisions of the Franchise. Section 6. Penalties Exclusive of contractual a damages or other rights in law or equity a violation of any provision of this ordina e s a m and i s enforceable by Grantor.. ARTICLE 13. EFFECTIVE DATE: PUBLIC DISSOLUTION The Company shall accept the Franchise p ursuant . section. p t to the procedures included in this The Commission maybe terminated only upon the • the Y p expiration the Joint Powers Agreement orb y e operation of state or federal law. Upon dissolution of Comm' . Commission, all remaining . assets of Commission, after payment of oblig ations, shall ' .. .. . g , , all be distributed among the Member Municipalities in }proportion to their contributions • and in accordance with procedures established by Commission. A complete copy of the Franchise Ordinance Franchise anchise Agreement and Joint and Cooperative are available for review in the office of the Cit Agreement for Administration of the Franchise p Clerk. Y Passed and adopted this day f Y , 1995. 4 FRANCHISE ORDINANCE Maplewood dated 1 TABLE OF CONTENTS ARTICLE 1. STATEMENT OF INTENT AND PURPOSE, AUTHORITY, FRANCHISE APPLICATIONS ......... ............................... 1 1.01 Statement of Intent and. Purpose ............................ 1 1.02 Authority ................... C ........................ 2 1.03 Franchise Processing Fee .. ............................... 2 1.04 Franchise Agreement . . . . . . .............................. 2 ARTICLE 2. SHORT TITLE . . . . . . . . . . . . . . . . . . 000000 0010 060010-964 600 #00 3 ARTICLE 3. DEFINITIONS ...00..00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS ... 00 . 0 0 00 . 7 4.01 Grant of Franchise .... . . ............................... 7 4.02 Criteria of Selection ..... ............................... 7 4.03 Authority for Use of Streets 8 4.04 Franchise Term .......... ............................... 9 4.05 Franchise Non - Exclusive .. ............................... 9 4.06 Cable Communications Franchise Required .................... 9 ARTICLE 5. DESIGN PROVISIONS .... ............................... 9 5.01 Initial Channel Capacity .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5.02 Interconnection ....... ............................... 10 5.03 Technical Performance Standards ......... 0 .. 0 0 0 . . . . 0 9 0 0 . . . 10 5.04 Special Testi n . . 0 0 0 . 0 0 0 0 0 0 . . . . . . . . . . 0 . . 0 0 0 0 9 0 . 0 0 . 0 0 . 0 10 ARTICLE 6. CONSTRUCTION PROVISIONS ........................... 11 6.01 Construction Timetable . . . . . . . . . . . 0 . 0 0 . . . . ............. 11 6.02 e r m i tom/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . 12 6.03 Construction Codes ..... ............................... 12 6.04 Reservation of Street Rights .......................... 13 ARTICLE 7. OPERATION AND MAINTENANCE ........... 1 ............. 13 7.01 Annual Reports . 0 0 0 0 0000 is . . . . . . . . . . . . ................. 13 7.02 Maintenance and Comgl,a nts ............................. 13 7.03 Rates and Other .Charges ....0000 .... . . . . . . . . . . . . . . . . . . . . 14 7.04 Rate Changes ......... ............................... 15 7.05 Service Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS .... 0 0 0 0 . . 15 8.01 PerformanceBond 0 0 0 0 ... 9 6 0 0 04.66 ................... 6 15 8.02 Liability insurance and Indemnification ......... •15 8.03 Duty to Compare ...... ............................... 16 ARTICLE 9. REVOCATION, ABANDONMENT, PURCHASE AND REMOVAL OF SYSTEM . . . . . . . . . . . . . . . • . . . . . . . . . . . • . . . . . . . . . . . . • . . 16 9.01 Grantor's Ri ght . to Revoke ............................... 16 9.02 Procedures ....0.000 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9.03 Removal of System .................... . ............... 17 9.04 Purchase ............ ............................... 17 9.05 Abandonment . 0 0000.. 0 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9.06 Damage Due to Abandonment or Other Non - Performance ........ r 18 ARTICLE 10. RIGHTS OF INDIVIDUALS PROTECTED . . . . ... 0 0 0 4 1 0 0 0 0 0 0 a 0 0 18 1.0.01 Monitoring Subscriber Viewing . . 0000 18 10.02 Sale of Subscriber Lists Prohibited ..0000 . . ................. 19 10.03 Protection o, f System Integri 19 10.04 Subscriber Access to Information 19 10.05 Procedure for Disauting Accuracy . . . . . . . 0 0 0 0 .... . .. 0 0 0 0 ... 20 ARTICLE 11. COMMUNITY PROGRAMMING, COMMUNITY PROGRAMMING CHANNELS AND INSTITUTIONAL NETWORK REQUIREMENTS ... 21 11.01 Minimum Required Community Programming Channels ......... 21 11.02 Additional Community Programming Channels ................ 22 11.03 Operating Rules ....0000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 11.04 Alarm Service /Data Transmission Services . . . . . . . . . . . . . 9 0 0 . 0 . 23 11.05 Community Programming Eguip= 23 11.06 Institutional Network Requirements ........................ 23 11.07 Access to Community Programming Channels And The I /Net 0000.. 23 ARTICLE 12. MISCELLANEOUS PROVISIONS 23 12.01 Compliance with Laws . 23 12.02 Sale or Transfer of Franchise ............................ 24 12.03 Amendment of Franchise Ordinance and Variance Procedure ...... 24 12.04 Franchise Renewal .... ............................... 27 12.05 Administration of Franchise 27 12.06 Penalties 0 0 0 0 0 0 0 6 0 0 . IN 0 0 . 0 41 0 40 . 0 0 ' 0 0 . . 41 . 0 45 . 0 . 0 0 0 0 0 0 0 . 0 28 ARTICLE 13. EFFECTIVE DATE: PUBLICATION: DISSOLUTION ............. 30 13.01 Publication: Effective Date . 0 . 0 0 0 . . . • . . . . . . . . . . . . . . . . . . . 0 30 13.02 Dissolution of Commission ............................. 30 13.03 Acceptance Procedure .... . . . . . . . . . . . . . . . . . . . . . . . . 0600. 31 iv ORDINANCE NO, AN ORDINANCE GRANTING A FRANCHISE TO GROUP W CABLE OF RAMSEY/WASHINGTON, INC., TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE MUNICIPALITY OF MAPLEWOOD; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; DEFINING THE MEANING OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND INCLUDING PENALTIES FOR VIOLATIONS THEREOF. PREAMBLE The Ramsey/Washington Counties Suburban Cable Communications Commission ( "Commission ") and the Municipality of Maplewood ( "Grantor ") does ordain that it is in the public interest to permit the use of public rights -of -way and easements for the construction, maintenance and operation of a Cable Communications System ( "System ") under the terms of a Franchise; said public purpose being specifically the enhancement of communications within the municipal limits of Grantor, the expansion of communications opportunities outside Grantor, and the provision of programming of a truly local interest. ARTICLE 1_. STATEMENT OF INTENT , AND PURPOSE, AUTHORITY, FRANCHISE APPLICATIONS 1.01 Statement of Intent and PurDO e . Grantor intends by the adoption of this Ordinance, to bring about the development and operation of a System. Such a development can contribute significantly to the communication needs and desires of citizens of Grantor, the surrounding area and the member municipalities of Commission. Further, the development and operation of a System may help achieve better utilization and improvement of public services. Studies participated in by Grantor and Commission have led the way for organizing this means of procuring and securing a System deemed best 1 suited to Grantor and the member municipalities of Commission. This has resulted in the preparation and adoption of this Ordinance and Franchise as defined .herein, in compliance with all requirements of the State of Minnesota. 1.02 Authorit The original Ramsey/Washington Counties Suburban Cable v under federal and state authority, communications Commission, tY ranted a Franchise for a g System operating within the Commission's territorial boundaries and prohibited operation Y P g of a System without a Franchise, and Commission carried out the ongoing administration and enforcement of the Franchise. The original Commission is to be dissolved, a successor Co mm.ission is to be created pursuant to Minnesota Statutes g 471, and the individual member municipalities comprising Commission, including Grantor, must therefore enter into a franchise relationshi p p with Group W Cable of Ramsey/Washington, Inc. d /b /a Meredith Cable ("Company") pursuant to the same substantive terms and conditions of the original Commission's Franchise. 1.03 Franchise Process in Fee Company shall be required to reimburse Grantor f r.all costs incurred including attorneys' fees in soliciting and evaluating applications, and o g processing rocessin the franchise award, and any other ongoing expenses connected with the franchise award to the extent that such costs are not recovered from application fees. 1.04 Franchise Agreement Grantor and Company are hereby authorized to, at the time of acceptance, enter into a Franchise Agreement, consistent with this Ordinance, governing P overnin the relationship between Grantor and Company; providing for regulation and use of the System; and prescribing liquidated damages for the violation of its provisions. The 2 terms and conditions of the Agreement are incorporated herein by reference. The Agreement is attached hereto as Exhibit I. ARTICLE 2. SHORT TITLE This ordinance shall be known and cited as the "Cable Communications Franchise Ordinance ", hereinafter in this document referred to as "Ordinance ". ARTICLE 3. DEFINITIONS For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 3.01 "Channel" shall mean a six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a number of audio, digital or other non -*video signals, or some combination of such signals. 3.02 "Class IV Cable Communications Channel" means a signaling path provided by System to transmit signals of any type from a subscriber terminal to another point in the System. 3.03 "Community Access Corporation" shall mean the non- profit, public corporation whose duties may include the financing, management and programming of the community access and public access channels. 3 3.04 "Community Programming" shall mean the programming that w i l l be the responsibility of the Commission or its designee, pursuant to the Franchise Agreement. 3.05 "Community Programming Channels" shall mean all of the Channels on the System designated for Community Programming in the Franchise Agreement. 3.06 "Company" shall mean Group W Cable of Ramsey/Washington, Inc., its.agents, employees, lawful predecessors, successors, transferees or assignees. 3.07 "Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all appropriate subscriber signals included in that level of service delivered at designated converter dial locations. 3.08 "FCC" shall mean the Federal Communications Commission or a designated representative. 3.09 "Franchise" means the rights and obligations extended by Grantor to Co r any to own, operate and maintain a System within the Municipality and the Ramsey/Washington Service Territory and manifested by the following: A. This Ordinance No. adopted by the Grantor on the day of , 1995; and B. A Franchise Agreement entered into between Grantor and Company based on the authority and grant of a cable communications franchise extended by this Ordinance and any and all acceptance agreements related thereto. ME 3.10 "Franchise Agreement" means the agreement entitled "Cable Communications Franchise Agreement" between Grantor and Company which is incorporated herein by reference and which is enforceable by Grantor and Company and which sets forth the rights and obligations between Grantor and Company arising out of the Franchise. 3.11 "Grantor" or "Municipality" shall mean the Municipality of Maplewood, Minnesota, its governing body, and its lawful assigns or designees, including specifically the Commission. 3.12 "Institutional Network" or "I /Net" shall mean the 440 MHz capacity, single cable network, more particularly described in Section 4.02 of the Franchise Agreement. 3.13 "Member Munici ality" shall mean any municipality which enters into the joint and Cooperative Agreement and is, at the time involved, a member in good standing. 3.14 "Non -Voice Return Communications" shall mean the result of appropriate System design techniques which incorporate installation of cable and amplifiers suitable for the subsequent insertion of necessary non -voice communications electronic modules. 3.15 "Offering of Company" or "Offering_" shall mean that certain document entitled "Offering of Company" and signed by Company and the Commission, and any amendments thereto, which document is on file with Grantor. Further, to the extent that the Franchise Agreement may conflict with the Offering, the provisions of the Franchise Agreement shall supersede those of the Offering, only where such terms are in direct and irreconcilable conflict. 3.16 "Ordinance" means this Ordinance No. of the Municipality. 5 3.17 "Ramsey/Washi,n,gton Counties Suburban Cable Communications Commission" or "Commission" shall mean the joint powers commission established by the cities of Birchwood Village, Del lwood, Lake Elmo, Mahtomed i, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White Bear Lake, and Wi I lern ie, and the townships of Grant and White Bear, Minnesota, as reorganized under Minnesota Statutes § 471. 3.18 "Person" shall mean any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of Minnesota, or any natural person. 3.1.9 "Public Propel shall mean any real property owned by Grantor or any other governmental unit, other than a Street. 3.20 "Street" shall mean the surface of and the space above and below any public street, road, caraway, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right -of -way now or hereafter held by Grantor which shall, within its proper use and meaning in the sole opinion of Grantor, entitle Company to the use thereof for the purpose of installing or transmitting over poles, Wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to System. 3.21 "System" ern", shall mean a broadband telecommunications system of antennas, cables, wires, lines, towers, wavegu ides or other conductors, converters, equipment or facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic or electrical signals, located in Grantor. L 3.22 "Subscriber" shall mean any Person or entity who lawfully subscribes to a service provided by Company by means of or in connection with the System and pays a fee unless such fee is lawfully waived. 3.23 "Two-Way System" means a distribution system that has amplifiers that can pass video, voice and /or data signals in both directions simultaneously. ARTICLE 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS 4.01 Grant of Franchise The Franchise is granted pursuant to the terms and conditions contained herein and the accompanying agreements constituting the Franchise. Such terms and conditions shall be subordinate to all applicable .provisions of state and federal laws, rules and regulations. Grantor hereby intends to adopt a replacement Franchise and enter into a franchise relationship on substantially the same terms and conditions as previously existed between the original Commission and Company. In the event any term or condition herein differs in any substantive respect from a term ar. condition in the prior Franchise, such prior Franchise term or condition shall continue irrfull force and effect, and shall supersede such term or condition. 4.02 Criteria of Selection Company's technical ability, financial condition and legal qualifications were considered and approved by the original Commission, including Grantor, in a full public proceeding which afforded reasonable notice and a reasonable opportunity to be heard. By adoption of this Franchise, Grantor accepts the review of the original Commission and approves Company's qualifications for the purposes contemplated herein. 7 4.03 Authority for Use of Streets A. For the purposes of operating and maintaining System in Grantor, Company may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the Streets within Grantor such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. Prior to construction or alteration, Company shall in each case file plans with Grantor, all appropriate agencies and utility companies and receive written approval of such plans. Company shall provide a monthly progress report to Grantor through the completion of construction. B. Company shall construct and maintain System so as not to interfere with•ather uses of Streets. Company shall make use of existing poles and other facilities available to Company. Company shall make reasonable efforts to individually notify all residents affected by proposed construction prior to the commencement of that work. C. Notwithstanding the above grant to use Streets, no Street shall be used by Company if Grantor in its sole opinion determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used. 4.04 Franchise Term This Franchise shall commence upon the date this Ordinance becomes effective and shall expire on May 1 1998 unless renewed or terminated sooner as hereinafter provided. 4.05 Franchise Non - Exclusive The Franchise granted herein is non - exclusive. 4.06 Cable Communications Franchise Re ui red . No System shall be allowed to irr��l rrrrrrr- Irrrr� - occupy or use the Streets or other Public Property of Grantor or be allowed to operate without a Franchise. ARTICLE 5. DESIGN PROVISIONS 5.01 Initial.Channel Capacity A. System shall be a single trunk 450 MHz cable activated immediately with sixty -four (64) downstream Channels and four (4) return (upstream) Channels. FM music service shall be available through System. Notwithstanding anything to the contrary, Company shall install dual 450 MHz cable in all underground locations, provided, however, that Company is not required to install dual 450 MHz cable or dual conduit in any new build locations meeting the line extension criteria contained herein. B. System shall have initially a separate Institutional Network with a capacity of 56 video Channels, 31 activated downstream Channels, and 25 activated upstream Channels. C. Both Subscriber and Institutional Networks shall be capable of passing signals upstream and downstream simultaneously and have the technical capacity for non -voice return communications. 9 5.02 Interconnection. System shall be designed to be interconnected with other cable communications system(s). The standard VHF Channel 6 is hereby designated for uniform regional channel usage; provided, however, that until the uniform regional channel becomes operational, the standard VHF Channel 6 may be utilized by Company as it deems appropriate. Subject to approval by Grantor, the designated uniform regional channel may be shared with the government access channel as may be required until such time as Grantor requests a separate channel or until combined usage of the channel expands to such point as it is in use during eighty percent (80 %) of the time between 8:00 a.m. and 10:00 p.m. during any consecutive six -week period. 5.03 Technical Performance Standards. At a minimum, System technical and performance standards promulgated by the FCC relating to cable communications systems contained in sub -part K of part 76 of the FCC's rules in effect at the time of application submission are incorporated herein by reference. Company shall further abide by standard agreed upon by Grantor and Company and set forth in the Franchise Agreement.- -The results of any tests required by the FCC shall be filed within ten (10) days of the conduct of such tests with Grantor. 5.04 Special Testing. The following procedures shall apply to any special testing required by Grantor: A. If special testing required by Grantor establishes that System is not in compliance with prescribed technical standards, Company shall bear all costs of the special testing. 10 B. " If special testing required by Grantor establishes that System is in compliance with prescribed technical standards, Grantor shall bear all costs of the special testing. C. Grantor shall bear all costs of any other special testing required by Grantor. ARTICLE 6. CONSTRUCTION PROVISIONS 6.01 Construction Timetable Company's construction timetable (submitted in conjunction with a map for the initial service area and made a part of the Franchise) reflects the method and schedule of construction of System. The plan of Company will reflect at a minimum the following: A. Within 90 days of the granting of the Franchise, Company shall apply for all necessary governmental permits, licenses, certificates and authorizations. B. All engineering and design shall be completed within one year after the granting of the Franchise. C. A significant amount of construction shall be completed within one year - after Company's receipt of all necessary governmental permits, licenses, certificates and authorizations. D. Energized trunk cable shall be extended substantially throughout the authorized area within five years after commencement of construction. Persons along the route of the energized cable will have individual "drops" within the same period of time, if the same is desired. E. Construction of the initial service area shall be completed within three (3) years of certification by Board. 11 F. The requirements of this section may be waived by Grantor only upon occurrence of unforeseen events or acts of God. 6.02 Permits. Company shall obtain a permit from Grantor before commencing construction of System, including the opening or disturbance of any Street, sidewalk, driveway or public place. Any and all Streets which are disturbed or damaged during the construction, operation, maintenance or reconstruction of System shall be promptly repaired by Company, at its expense and to the satisfaction of Grantor. There shall be imposed a daily fine of Fifty Dollars ($50.00) per incident should Company not meet the conditions of any applicable city permit not to disturb the Streets. 6.03 Construction Codes All wires, conduits, cable and other property and facilities of Company shall be located, constructed, installed and maintained in compliance with applicable codes. Company shall keep and maintain all of its property so as not to unnecessarily interfere with the usual and customary trade, traffic or travel upon the Streets and public places of the Franchise area or endanger the lives or property of any Person. -In the event of such interference, Grantor may require the removal of Company's lines, cables and appurtenances from the. Street or property in question. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of the Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the Franchise and pertinent provisions of law and ordinances that are applicable. 6.04 Reservation of Street Rights Nothing in the Franchise shall be construed to prevent Grantor from constructing sewers, grading, paving, repairing and /or altering any Street, or laying down, repairing or removing water mains, or constructing or establishing 12 any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of Company. If any such property of Company herein shall interfere with the construction or repair of any Street or improvement, thirty (30) days' notice shall be given to Company by Grantor and all such , oles, wires conduits or other P appliances and facilities shall be removed or replaced by Company in such manner as shall be directed by the Grantor so that the same shall not interfere with the said public work of City, and such removal or replacement shall be at the expense of Company herein. ARTICLE 7. OPERATION AND MAINTENANCE 7.01 Annual Reports. Grantor shall have the authority to collect a use fee and to audit Company's accounting and financial records upon reasonable notice as set forth in the Franchise Agreement. Company shall file with Grantor annually reports of gross revenues and other information as set forth in the Franchise Agreement. - 7.02 Maintenance and Complaints. Atoll -free or collect telephone number for the reception of complaints shall be provided to Subscribers and Company shall maintain a repair service capable of responding to Subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. Company shall investigate and resolve all complaints regarding quality of service, equipment malfunction, billing disputes and other matters pursuant to the. procedure set forth in the Franchise Agreement. Company will bear the costs included in making such repairs, adjustments or installations unless Company deems such repairs necessary due to neglect or abuse of Subscriber. All costs for repairs necessary due to neglect or abuse of Subscriber shall be borne by the Subscriber. 13 E I 7.03 Rates and Other Charges A. All regulatable rates and charges shall be subject to regulations by Grantor, in a manner to be provided by it. In the absence of any Grantor action taken to exercise rate regulation, Company shall be subject to the rate regulation .provisions provided herein, and of the state or its agencies that may from time to time be applicable, B. Rates and charges charged by Company for monthly service and installation and all other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service. C. Standard installation rates shall apply to installations that are two hundred (200) feet or less from the distribution plant. For aerial and underground installation of service drops longer than two hundred (200) feet, Subsaifiers will be charged an additional amount for the installation equal to the incremental increase of the cost of time and materials for the portion of the drop over two hundred (200) feet. D. Service requests for maintenance or repair of System shall be performed at no charge to a Subscriber. If such maintenance or repair is required as a result of damage caused by Subscriber, Company may charge according to its actual cost for time and material. 14 E. Company may offer both its initial and additional installation services to Subscribers at uniformly applied reduced rates. 7.04 Rate Changes A change in any regulatable rate shall require approval of Grantor and shall be effectuated pursuant to terms of the Franchise Agreement. 7.05 Service Contract. The length and terms of the service contract shall be as set forth in the Franchise Agreement. ARTICLE 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.01 Performance Bond At the time the Franchise becomes effective and at all times thereafter until Company has liquidated all of its obligations with Grantor, Company shall furnish a performance bond approved by Grantor in such amount as Grantor deems to be adequate compensation for damages resulting from Company's nonperformance. Grantor may, from year to year, in its sole discretion, reduce the amount of the performance bond. The amount of the performance bond shall be as set forth in the Franchise Agreement. 8.02 Liabi l itv Insurance and Indemnification. Company shall indemnify and hold harmless Grantor at all times during the term of the Franchise, and maintain throughout the term of the Franchise, liability. insurance in such amount as Grantor may require insuring both Grantor and Company with regard to all damages and penalties which they may legally be required to pay as a result of the exercise of the Franchise. Company shall initially maintain insurance in such amounts as set forth in the Franchise Agreement. 8.03 Duly . Com any. Nothing contained in the Franchise shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring 15 Company's facilities while performing any work connected with grading or changing the line of any Street or public place or with the construction or reconstruction of any sewer or water system. ARTICLE 9. REVOCATION, ABANDONMENT, PURCHASE AND REMOVAL OF SYSTEM. 9.01 Grantor's Right to Revoke Grantor reserves the right, in its sole discretion, to terminate and cancel the Franchise and all rights and privileges of the Franchise in the event: (1) Company substantially violates any provision of the Franchise, (2) Company attempts to evade any of the provisions of the Franchise,' (3) Company practices any fraud or deceit upon Grantor, (4) Company becomes insolvent, unable or unwilling to pay its debts, (5) Company is adjudged bankrupt, (6) Company materially misrepresents a fact in the application for or negotiation of the Franchise, or (7) upon the conviction of any director, officer, employee or agent of Company of the offense of bribery or fraud connected with or resulting from the awarding of the Franchise. Nothing in the Franchise granted by this Ordinance shall preclude termination of it at any time by mutual agreement of Grantor and Company. 9.02 Procedures Grantor shall provide Company with a written notice of the cause for termination and its intention to terminate the Franchise and shall allow the Company a minimum of thirty (30) days after service of the notice in which to correct the violation. Company shall be provided with an opportunity to be heard at a public hearing before Grantor prior to the termination of the Franchise.. In the event Grantor determines to terminate the Franchise, Company shall have a period of thirty (30) days, from the date of the conclusion of the public hearing at which the termination of the Franchise was 16 considered, within which to file an appeal. During the thirty (30) day period and until the appeal is decided, the Franchise shall remain in full force and effect, unless the term of the Franchise ends sooner. 9.03 Removal of System Upon termination, forfeiture or expiration of the Franchise, if not renewed, Company shall remove its cables, wires and .appliances from the Streets and other public and private property within Grantor, if Grantor so requests, and Grantor shall follow procedures set forth in the Franchise Agreement in the event Company fails to remove its cable, wires and appliances from the Streets and other public and private property within Member Municipalities. 9.04 Purchase. When System or the Franchise is offered for sale or at the termination of the Franchise, Grantor shall have the right to purchase System in the manner set forth in the Franchise Agreement. 9.05 Abandonment. Company may not abandon any cable communications service or any portion thereof without having given three (3) months prior written notice to Grantor and Board. Further, Company may not abandon any cable communications service or any portion thereof without compensating Grantor for damages resulting from the abandonment. The amount of damages resulting from abandonment shall be determined by Grantor. 9.06 Damage Due to Abandonment or Other Non - Performance. In the event Company abandons System for any reason or if Company files or has filed against it a petition in bankruptcy, a petition for the appointment of a receiver for all or part of its assets, or a levy of execution against all or part of its assets or makes an assignment for the benefit of its creditors, then any credit on future franchise fees Company may then be 17 entitled, due to the advance payment of franchise fees, shall be retained by Grantor for application towards the damages incurred by Grantor, provided no additional revenues are received which are subject to the franchise fee. The rights reserved to Grantor above shall be in addition to all of the rights of Grantor, whether reserved by the Franchise or authorized by law, and no action authorized by this Section 9.06 shall affect any other right Grantor may have. ARTICLE 10. RIGHTS OF INDIVIDUALS PROTECTED 10.01 Monitoring Subscriber Viewing No signals of a Class IV Cable Communications 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. Request for such permission shall be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which shall be renewed at the option of the Subscriber. No penalty shall be invoked for the Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV cable communications activity planned for the purpose. 10.02 Sale of Subscriber Lists Prohibited No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, or by any other means, including, but not limited to, lists of the names and addresses of such Subscribers or any fists that identify the viewing habits of Subscribers shall be sold or otherwise made available 18 to any party other than to Company and its employees for internal business use, and also to the Subscriber who is a subject of that information, unless Company has received specific written authorization from Subscriber to make such data available. The sale of any Subscriber list, however generated, is also prohibited. 10.03 Protection of S.ysterrm Integrity 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 billings. Confidentiality of such information shall be subject to the provision set forth above in paragraph .10.02. 10.04 Subscriber Access to Information Upon written request by a Subscriber, Company shall within ten (10) days of receiving such request provide the Subscriber with copies of all individually identifiable information relating to the Subscriber, Subscriber household, or user of a Subscriber terminal currently maintained by Company. Company shall make the disclosures required under this paragraph to the Subscriber in person', by mail, or in any combination of these ways at the option of the Subscriber. 10.05 Procedure for Disputing Accuracy The following shall apply where a Subscriber disputes the accuracy or completeness of any item of information disclosed to a Subscriber by Company under Section 10.04. A. The Subscriber must convey the dispute within sixty (60) days of receipt of the disputed information directly to Company. The dispute may be conveyed in writing or in person by the Subscriber. 19 B. Company shall within thirty (30) days reinvestigate and record the current status of the disputed information. Such reinvestigation shall be completed within thirty (30) days of its commencement. If after such reinvestigation the information is found to be inaccurate, incomplete, or can no longer be verified, Company shall within ten (10) days delete or correct the information. Company may not require the appearance of a Subscriber at its office as a precondition to the right of a Subscriber to a reinvestigation under this Section. C. After completion of any reinvestigation pursuant to subdivision B of this Section, Company shall within ten (10) days notify the Subscriber of the result of the reinvestigation or of its decision regarding deletion or inclusion of information and shall clearly and conspicuously disclose.to the Subscriber his or her rights under this Section. D. If the reinvestigation does not resolve the dispute, the Subscriber may'ftle 'a statement with Company setting forth the nature of the dispute. Company may limit such statements to not more than five hundred (500) words if it provides the Subscriber with assistance in writing a clear summary of the dispute. E. Whenever a statement of a dispute is filed, Company shall, in any subsequent disclosure containing the information in question, clearly note that it is disputed by the Subscriber and provide the recipient with a copy of the statement filed by the Subscriber. A mere reference to the fact that a disputed 20 statement is in the record and may be obtained on request does not comply with this Section. ARTICLE 1,1. COMMUNITY PROGRAMMING, COMMUNITY PROGRAMMING CHANNELS AND INSTITUTIONAL NETWORK REQUIREMENTS 11.01 Minimum Required Community Programming Channels Company shall provide to each of its Subscribers who receives some or all of the total services offered on System reception, without charge, Community Programming on the Community Programming Channels, pursuant to the joint responsibilities between Grantor and Company described in the Franchise Agreement. The Grantor shall provide through the Community Programming Channels at least one specially designated noncommercial public access channel available for use by the general public on a first -come, first- served, nondiscriminatory basis; at least one specially designated access channel for use by local educational authorities; at least one specially designated access channel available for local government use; and at least one specially designated access channel available for .lease on . a first -come, first - served, nondiscriminatory basis by commercial and noncommercial users. The VHF spectrum shall be used for at least one of the specially designated noncommercial public access channels required in this paragraph unless specifically waived by Grantor or its designee. No charges may be made by Grantor for channel time or playback of prerecorded programming on at least one of the specially designated noncommercial public access channels required by this subdivision, provided, however, that personnel, equipment, and production costs may be assessed for live studio presentations exceeding five minutes in length. Charges for such production costs and any fees for use of other public access 21 channels must be consistent with the goal of affording the public a toes -cost means of television access. 11.02 Additional Community Programming„ Channels Whenever the specially designated noncommercial public access channel, the specially designated education access channel, the specially designated local government access channel, or the specially designated leased access channel required in this section is in use during 80% of the weekdays (Monday - Friday), for 80% of the time during any consecutive 3 hour period for six weeks running, and there is demand for use of an additional channel for the same. purpose, Company shall then have six months in which to provide a new specially designated access channel for the same purpose, provided that provision of such additional channel or channels shall not require Company to install converters. However, nothing in this section shall be construed so as to preclude the installation of converters by Company on. a voluntary basis, or as a result of an agreement arrived at through negotiation betweert the parties or by a potential access user who wishes to install converters in order to "Make use of an additional channel or channels. 11.03 Operating Rules Grantor, and /or its designee, may establish rules pertaining to the administration of the Community Programming Channels. 11.04 AlarmService/Data Transmission Services To the extent Company provides only alarm services or only data transmission services for computer operated functions, Company need not Community Programming reception to alarm and data service Subscribers. 22 11.05 Community Programming ,E uigm_e_nt_ Grantor or its designee will make readily available for public use at least the minimal equipment necessary for the production of programming and playback of prerecorded programs for the specially designated noncommercial public access channel(s). 11.06 Institutional Network Requirements Grantor will assume responsibility for the I /Net, which is part of the System, in accordance with the provisions of the Franchise Agreement. 11.07 Access to Community Programming Channels And The I /Net The Grantor and its designee shall have complete and unrestricted access to the Community Programming Channels and the I /Net, however, the Company shall have full responsibility for the maintenance, repair, and technical performance of the cable and related active and passive electronics which carry said Community Programming Channels and the services provided by Company on this I /Net (excluding all equipment owned and operated by the Grantor or its designee). ARTICLE 12. MISCELLANEOUS PROVISIONS 12.01 C mp{, lance with Laws Company shall conform with all the state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated. Company shall conform with all federal laws and regulations regarding cable communications as they become effective. Company shall also conform with all City ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. . 23 12.02 Sale or Transfer of Franchise The sale or transfer of the Franchise or sale or transfer of stock so as to create a new controlling interest pursuant to Chapter 12 of Board's rules and regulations is prohibited, except at the approval of Grantor, which approval shall not be unreasonably withheld and that such sale or transfer is completed pursuant to Chapter 12 of Board's rules and regulations and as agreed upon in the Franchise Agreement. 12.03 Amendment of Franchise Ordinance and Variance Procedure. A. After published notice, public hearings and deliberations of Grantor, this Ordinance may be amended upon a weighted majority vote of the Commission and the written consent of Company. B. When the Commission Franchise administrator determines that a proposed change, alteration or substitution in Company's Offering will be noncontroversial in nature, the following procedure may be utilized rather than the provisions of paragraph A above. 1. The Franchise administrator shall give notice of the intention 'to change, alter, or substitute a provision of the Offering without public hearing. The notice shall be given by publication in the official newspapers of each City. The notice shall include a summary of the proposed change, alteration or substitution. The notice shall include a statement advising the public: a. That they have ten (10) days in which to submit comment on the proposed change, alteration or substitution; 24 b. That no public hearing will be held unless seven (7) or more persons make a written request for a hearing within the ten (10) day comment period; and C. Of the manner in which persons shall request a hearing on changes proposed pursuant to this subdivision. 2. Applications for variance shall be filed with the Commission Franchise administrator and subject to the following procedures: a. An application fee of Fifty Dollars ($50.00) plus actual costs incurred by Grantor, including costs of outside consultants, shall be paid to Grantor by applicant at the time of approval of a request for variance. An application for variance may include more than one (1) variance request if the Franchise administrator or Grantor determines that there is sufficient- similarity or relationships between issues to warrant the use only one (1) application. b. The Commission Franchise administrator shall give notice of the application to Grantor and Company of the date, time and place for review of the application. C. The Franchise administrator shall review the application within fourteen (14) calendar days of publication of the notice unless a public hearing is required. 25 d. In the event a public hearing is required, the hearing shall be held within ten (10) calendar days after demand for such a hearing has been met. The Commission Franchise administrator shall review the application within seven (7) calendar days of the conclusion of the public hearing. e. Grantor shall receive a report of the findings of the Franchise administrator at its next meeting following the date of review by the Franchise administrator. f. The variance will be deemed approved by majority vote of Grantor. 3. Before a variance is granted, the following findings shall be made by the Commission Franchise administrator and shall be included in the report to Grantor: a. The requested variance is a minor deviation from the Off ring and is consistent with the Franchise in the sole judgment of Grantor. b. Application of the provisions of the Franchise may result in a hardship to the applicant.and to grant a variance would not be detrimental to other affected parties. C. Due to expense or delay, it would be unreasonable to perfect such changes by Ordinance amendment. 26 . d. Undue delay, expense of other adverse results will not occur by approval of the required variance. e. If a variance is because of technical or cost reasons, the variance will result in equal or better technical standards of cost efficiency. 12.04 Franchise Renewal A. Company may apply for renewal or renegotiation of the Franchise by making application to do so not later than eighteen (18) months prior to the expiration of the Franchise on forms provided by Grantor, unless Grantor determines not to reissue the Franchise to Company or desires to consider additional applicants for a Franchise. B. Company may be approved, and the Franchise or modification to it may be renewed or extended by Grantor in accordance with the then existing rules of the FCC, the Board, the Cities and all other applicable laws, ordinAnces, rules or regulations. C. Nothing in the Franchise shall be construed to require renewal or extension of this Franchise: D. Renewal of the Franchise may not be for more than 15 years, unless otherwise permitted by federal or state law. 12.05 Administration of Franchise A. Grantor, and/or its designee, shall be responsible for the continued administration of the Franchise. 27 B. Grantor shall have continuing regulatory jurisdiction and supervision over System and Company's operation under the Franchise. Grantor may issue such reasonable rules and regulations concerning the construction, operation and maintenance of System as are consistent with the provisions of the Franchise. C. Company shall construct, operate and maintain the System subject to the supervision of Grantor and other affected Member Municipalities who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting System. D. System and all parts thereof shall be subject to the right of periodic inspection by Grantor. 12.06 Penalties Exclusive of contractual damages or other rights in law or equity, a violation of any provision of this Ordinance is a misdemeanor and is enforceable by G ran to r. A. From and after the effective date of the Franchise, it shall be unlawful fa -rany Person to establish, operate or to carry on the business of distributing to any Persons in Grantor any television signals or radio signals by means of a cable communications system unless a franchise therefor has first been obtained pursuant to the provisions of the Ordinance, and unless such franchise is in full force and effect. B. From and after the effective date of the Franchise, it shall be unlawful for any Person to construct, install or maintain within any public Street in Grantor, or within any other Public Property of Grantor, or within any privately owned W area within Grantor which has not yet become a public Street but is designated or delineated as a proposed public Street on any tentative subdivision map approved by Grantor, any equipment or facilities for distri- buting any television signals or radio signals through a cable communications system, unless a franchise authorizing such use of such Street or property or area has first been obtained and unless such franchise is in full force and effect. C. It shall be unlawful for any Person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised System within Grantor for the purpose of taking or receiving television signals, radio signals, pictures, programs, sound, or data transmission. D. It shall be unlawful for any Person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustlz:Oy, inductively or otherwise, with any part of a franchised System within for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program, sound, or data transmission, without payment to the owner of said System. E. It shall be unlawful for any Person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs, sound, or data transmissions. 29 ARTICLE 13. EFFECTIVE DATE PUBLICATION: DISSOLUTI -ON 13.01 Publication; Effective Date This Ordinance shall be properly executed by the Grantor in accordance with local rules. This Ordinance shall take effect upon publication within. fifteen (15) days after adoption. This Ordinance may incorporate by reference, without publication in full, a statute of Minnesota or a rule of the Board or the FCC and the Offering of Company. 13.02 Dissolution, of.Commission A. Method. Commission shall continue for an indefinite term up to and including fifteen (15) years. The Commission may be terminated only upon the expiration the Joint Powers Agreement or by the operation of state or federal law. B. Distribution of Assets. Upon dissolution of Commission, all remaining assets of Commission, after payment of obligations, sha.11 be distributed among the Member Municipalities, including Grantor, in proportion to their contributions and in accordance with procedures established by Commission. Commission shall continue to exist after . dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purpose. C. Effectiveness of Ordinance after Dissolution. Upon the dissolution of Commission by operation of state or federal law, the Franchise shall remain effective and enforceable by Grantor within its territorial limits. 30 13.03 Acceptance Procedure A. Company shalt accept the Franchise, in form and substance acceptable to Grantor. Upon acceptance of the Franchise, Company shall be bound by all its terms and conditions. B. The Offering shall be permanently kept and filed in the Office of the Commission and the originals or reproductions thereof shall be available for inspection by the public during normal business hours. C. Company shall have continuing responsibility for the Franchise, and if Company be a subsidiary or wholly owned corporate entity of a parent corporation, performance of the Franchise shall be secured by guarantees of the parent corporation in form and substance acceptable to Grantor, which shall be delivered at time of, and as part of, acceptance of the Franchise. D. With its acceptance, Company shall deliver to Commission true and correct copies of documents creating Company and evidencing its power authority to accept the franchise. Further, such documents shall describe officers authorized to accept on behalf of Company. E. With its acceptance, Company shall also pay all costs and expenses incurred by Grantor in connection with the franchising process. Grantor shall provide an itemized statement to Company. Costs or expenses of Grantor not identified at that time shall be paid promptly by Company upon receipt of an itemized statement from Grantor. It is the intent of Grantor and Company that Grantor be reimbursed for all costs and expenses in connection with the 31 granting of the Franchise including any subsequent expenses due to delays or litigation pertaining to the grant of the Franchise. In order to accomplish these activities, Company shall arrange a time and place satisfactory to both Company I and Grantor. F. All security deposits, insurance contracts, bonds and _guarantees required by Company by the Franchise shall be delivered with the acceptance. G. Upon the delivery of the above described documents, Grantor and Company shall execute the Franchise Agreement. The execution of the Franchise Agreement shall be deemed the completion of the franchising process. H. The commitment of Company is contained in the Offering. Company shall perform all services or offerings set forth in its Offering including all promises, offers, representations and inducements contained therein. Company's Offering and specific understandings and agreements with Grantor shall be embodied in and incorporated into a Franchise Agreement to be entered between Grantor and Company based upon the authority granted pursuant to this Ordinance. The Franchise Agreement is set forth as Exhibit I, a separate document, incorporated herein by reference. The failure to refer to the Offering in any specific provision in the Franchise shall not be a limitation on the obligation of Company to fully comply with the Offering. In the event of conflict or discrepancies between any parts of the Offering or the Agreement entered into between Grantor and Company or this Ordinance, those provisions which provide the greatest benefit for Grantor, in the opinion of 32 Grantor, shall prevail. In the event the Agreement is not entered into_ and executed by both the City and Company or for any other failure to complete the acceptance as provided for in this section, the Franchise granted by this Ordinance shall be void, and Grantor shall have no further obligations to Company and Company shall have no claim in law or equity against Grantor. I. The Exhibit and Offering are a part of this Ordinance and each is specifically incorporated herein by reference. To the extent any provision of the Offering or Exhibit I are not specifically set out in this Ordinance or not validly incorporated herein b reference, Grantor, from time to time, may amend this p Y Ordinance to include such provision effective as of the date of commencement of this Ordinance or any such rule effective as of the date of the commencement of this Ordinance or adoption of the rule, whichever is later. Company, by acceptance of this Ordinance and the Franchise authorized by it, consents to and agrees to be bound by any ``su1ch amendment. 33 ... . ... • .♦.. .. ♦. �.�...- �,. .. .. .. .r... .. .. .. .. . <r..1. .♦�. •<M.•.�.� ....1 .1 .. r.. •r r... ... .... ..... .• .. ...rM�..YM�►.YNr♦.aYr�►�M �r�.•... .�� ♦.. ... �..� ♦ rY.r M.I.L:��]r � "V .Ir.�r�.I.l M.1r M1•• ♦r•. .. .. �.�♦. ♦. ..1.r. Passed and adopted this day of , 1995. ATTEST: 6y 6y 34 EXHIBIT "I ". TO THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE CABLE COMMUNICATIONS FRANCHISE AGREEMENT Prepared By: Thomas D. Creighton, Esq. Robert J. V. Vose., Esq. Bernick and. Lifson, P.A. Suite 1200, The Colonnade 5500 Wayzata Boulevard Minneapolis, Minnesota 55416 (612) 546 -1200 TABLE OF CONTENTS SECTION 1 STATEMENT OF INTENT AND PURPOSE .................. 1 SECTION 2. DEFINITIONS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 3. GENERAL PROVISIONS .............................. 6 3.01 Agreement of Grantor and Company .. ........ . . . . .. 6 3.02 Acce12 tance of Franchise ............................... 6 3.03 Police Powers ....... ............................... 9 3.04 Use of Company's Facilities ..............:.............. 9 3.05 Written Notice ...... ............................... 9 SECTION 4. DESIGN PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 10 4.01 System Design Concept .. .......... ..................... 10 4.02 Institutional Network .. ............................... 11 4.03 Regional Interconnect Network ........................... 13 4.04. Geographic Narrowcasting .............................. 14 4.05 Initial Service Area ... ........... .......:............ 14 4.06 Community Programming .............................. 14 4.07 Educational Access Channels ............................ 20 4.08 Provision of Service ... ............................... 21 4.09 Technical and Performance Standards ....................... 21 4.10 Test and Compliance Procedures .......................... 21 4.11 Emergency Requirements ............................... 21 i SECTION 5. SERVICE PROVISIONS .............................. 22 5.01 Initial Services and Programmina .......................... 22 SECTION 6. CONSTRUCTION PROVISIONS .................... . . 0* . 22 6.01 Construction Timetable . ............................... 22 6.02 Construction Delays ... ............................... 23 6.03 Line Extension Policy .. • • • • • • • • • • • • • • • • • • • • • • • . . 23 6.04 Repair of Streets and Proper .1111.... 1 1111.. 0 0 . . . 0 0 0 00 . 25 6.05 Underaroundingof Cable ................... . ......... 25 6.06 Reservations of Street Rights ........ . . . . . . . . . . . . . . . . . . . . 25 6.07 Trunmine of Trees .................0009...... 0 0 0 ... 0 . 26 6.08 Street Vacation or Abandonment ......................... 26 6.09 Movement of Facilities . ............................... 26 6.10 Erection of Poles Prohibited ............................. 27 SECTION 7. OPERATION AND MAINTENANCE ...................... 27 7.01 Open Books and Records ............................... 27 7.02 Annual Reports ...... ............................... 27 7.03 Programming Preference Poll ............................ 29 7.04 Audit ............ ............................... 31 7.05 Communications with Regulatory Agencies .................... 32 7.06 Monitoring and Compliance Reps ........................ 32 7.07 Additional Reports .... ............................... 32 7.08 Maps .............. .............................33 ii 7.09 Safely ........... ............................... 33 7.10 Maintenance and Complaints .......................... ... 33 7.11 Service Contract ........... . . . . . . . . . . . . . . . . . . . . . . . . . 36 7.12 Subscriber Practices ... ............................... 37 7.13 Rights of Individuals .. ............................... 37 7.14 Refunds to Subscribers and P, rogrammers ..................... 38 7.15 Periodic Renegotiation ............................. 39 SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS ........ 42 8.01 Payment to Grantor ... ............................... 42 8.02 Support of Access ..... ............................... 43 8.03 Bonds ............ ............................... 45 8.04 Securi Fund ....... 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 8.05 Liquidated Damages from Security Fund ..................... 47 8.06 Relation to Other Remedies ............................. 48 8.07 Procedure ......... ............................... 48 8.08 Damages and Defense .. ............................... 50 8.09 Liability Insurance and Indemnification ...................... 51 8.10 Research and Development Grant .......................... 51 SECTION 9. RATE AND FEE SETTING ............................ 51 9.01 Rate Changes ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 9.02 Regulatory Authority. Reserved ........................... 56 iii SECTION 10. FORECLOSURE AND RECEIVERSHIP .................... 56 10.01 Foreclosure ... . . . . . . . . . . . . . . . . . . . . . It . . . . . . . . . a 0 10 . 56 10.02 Receivership ............................. 0 9 0,0 00.90 57 SECTION 11. REMOVAL AND PURCHASE .......................... 57 11.01 Removal After Revocation ............................. 57 11.02 Grantor's RiLyht to Purchase System ........................ 58 1.1.03 Procedures ........ ............................... 59 11.04 General Purchase Provisions ............................ 59 SECTION 12. ARBITRATION .............. 0 0 0.0................60 12.01 Procedures Al2Rlicable to Arbitration ....................... 60 SECTION 13. MISCELLANEOUS PROVISIONS ....................... 62 13.01 Sale or Transfer of Franchise ........................... 62 13.02 Continuity of Service Mandatory ......................... 64 0000,._ 13.03 Work Performed by Others ............................. 64 13.04 Interest Rate ....... ............................... 64 13.05 Subsequent Action by State or Federal Bodies ................. 64 13.06 No Recourse Against the Commission . . . . . . . . . . . . . . . . . . . . . . 66 13.07 Nonenforcement, by Commission ........................ 0 66 13.08 General Provision on Rights and Remedies ................... 66 13.09 Si nal uality 09..00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 iv AGREEMENT A CONTRACT GOVERNING THE .RELATIONSHIP BETWEEN GROUP W CABLE OF RAMSEY /WASHINGTON, INC. AND THE MUNICIPALITY OF MAPLEWOOD; INCORPORATING BY REFERENCE THE OFFERING GROUP W CABLE OF RAMSEY /WASHINGTON, INC. FOR A CABLE COMMUNICATION SYSTEM; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING LIQUIDATED DAMAGES FOR THE VIOLATION OF ITS PROVISIONS. SECTION 1. STATEMENT OF INTENT AND PURPOSE WHEREAS, the Ramsey /Washington Counties Suburban Cable Communications Commission (hereinafter "Commission ") has conducted an extensive study of cable communications and pursued a franchising process in an open and orderly manner and concluded that it is in the public interest to award a cable communications Franchise to Group W Cable of Ramsey /Washington, Inc. (hereinafter "Company "); and WHEREAS, the Franchise Ordinance and the procedure used in formulating and awarding the Franchise have complied with all requirements of the State of Minnesota; and V*THEREAS, the Commission has, by ordinance, granted a fifteen (15) year Franchise to Company to construct, own, operate and maintain a cable communications system within the Franchise year; and WHEREAS, the original Commission is to be dissolved, a successor Commission is to be created pursuant to Minnesota Statutes § 471, and the individual municipalities must therefore enter into a Franchise relationship with Company, pursuant to substantially the same terms and conditions of the Commission's Franchise; and V*THEREAS, the parties hereto intend by the adoption of replacement Franchise Ordinances and Franchise Agreements to enter into a Franchise relationship on substantially the 1 same terms and conditions as previously existed between the original Commission and Company; and WHEREAS, the Franchise is for the stated purpose of enhancing communications within member municipalities, expanding communications opportunities outside member municipalities, and providing programming of a truly local interest; and WHEREAS, the Franchise awarded by the Commission is a valuable public resource facilitating a variety of communications and meeting the peculiar communications needs of the Franchise area; and IN CONSIDERATION THEREOF, the Municipality of Maplewood (hereinafter "Grantor ") and Company do hereby freely and openly adopt this Agreement. The Grantor agrees to administer and enforce the Franchise through the successor Commission consistent with its general obligation to protect and promote the economic welfare, public convenience and general prosperity of the Franchise area. Nothing contained in this Agreement shall require Company to violate any rule, regulation or decision of the FCC or of any other federal or state agency or court having jurisdiction. Grantor and Company shall cooperate in seeking any necessary approvals or Waivers. All terms, conditions, agreements, understandings and exhibits to the prior Franchise which are not attached hereto as exhibits or specifically incorporated herein, are herein incorporated by reference. In the event any term or condition from the prior Franchise between the original Commission and Company is omitted herein or if such term or condition herein differs in any substantive respects from any term or condition in the prior Franchise between the original Commission and Company, such prior term or 2 condition shall be considered incorporated herein, and shall supersede the omitted or differing term or condition herein. SECTION 2. DEFINITIONS A. " Commission " means the Ramsey /Washington Counties Suburban Cable Communications Commission, or, at the sole option of that entity, its successors or assigns. B. " Commuw&_Programming " shall mean the services, channels and equipment dedicated for library, religious, public, educational, or government access uses, and more particularly described in Section 4.08 of the Franchise Agreement. C. " Community Programming Channels shall mean the library, religious, public, educational and government access program channels of the System, more particularly described in Section 4.08E of the Franchise Agreement. D. " Franchise " shall mean the document(s) enumerating rights and obligations extended by the Grantor to Company to own, operate and maintain a cable communications system within the Ramsey /Washington Service Territory as amended from time to time by agreement of both parties. E. " Franchise Agreement means this Agreement entitled "Cable Communications Franchise Agreement", entered into between the Grantor and Company, as amended from time to time by mutual agreement of both parties, which is enforceable by the Grantor, Company, and the Commission pursuant to its powers and duties specifically delegated by Grantor. F. "Grantor" shall mean the Municipality of Maplewood or its designee or assignee. 3 G. " Gross Revenues shall mean any revenue. received directly or indirectly by Company, its affiliates, subsidiaries, parent or any person in which Company, as Grantee of this Franchise, has a financial interest of five percent (5%) or more from or in connection with the operation of the System, including, but not limited to, monthly fees from any and all levels of basic subscriber service, pay cable fees, pay- per -view fees, installation and reconnection fees, leased channel fees, converter rentals, converter sales, studio rental, production equipment and personnel fees, advertising revenues, additional outlet fees, FM service fees, remote control fees, VCR fees, late fees, collection fees, and all revenue derived from home shopping networks. This term does not include .revenues for signals originating in or passing through the Franchise area for transmission to a System or subscriber without the Franchise area unless Company receives revenue for such signal which has not already otherwise been directly or indirectly subject to a Franchise fee in which case said revenues will be considered Gross Revenues for the purpose of this Franchise. Nor does the term include any taxes or services furnished by Company and imposed directly upon any subscriber or user by the state, city or other governmental unit and collected by Company on behalf of said governmental unit. This term shall not include fees, sales, or revenues which Company has recognized on an accrual basis, but cannot collect. So long as Company's loss 4 from such uncollectible accounts, i.e., its "bad debt expense ", is equal to or less than two percent (2 %) of its total annual Gross Revenues, the Franchise fee shall be calculated only on amounts received by Company. However, a Franchise fee shall be imposed on that portion of bad debt expense in excess of two percent (2 %) of its total annual Gross Revenues. Further, this term shall not include proceeds and /or credits received from the sale or disposal of inventory or other assets other than the retail sale to subscribers of converters or other devices necessary to receive their cable communications services from Company; proceeds from the sale or transfer of the Franchise or cable system; interest income generated by Franchise investment activities; promotional and marketing refunds; any reimbursement of expenses paid by Company including affiliated entities; any payments received in the nature of reimbursement for damages whether the result of insurance payments, litigation, or otherwise, and tax refunds. H. " Institutional Network or "I /Net" shall mean the 440 MHz capacity, single cable network, more particularly described in Section 4.03 of the Franchise Agreement. I. " Interconnect Network shall mean the two -way system, more particularly described in Section 4.02 of the Franchise Agreement. J. " Offering of Grantee or "Offerin " shall mean that certain document entitled "Offering of Grantee" and signed by the Commission and Company, which document is on file with the Franchise Administrator, and any amendments thereto which have been mutually acceptable to the Commission and Company or 5 henceforth are mutually acceptable to Grantor and Company . To the extent that this Franchise Agreement may conflict with the terms of the Offering with respect to Community Programming, Community Programming Channels, or I /Net, the terms of this Franchise Agreement shall govern only where such terms are in direct and irreconcilable conflict. K. " Operating Agreement means that certain agreement dated May, 1990, by and between the Commission and the Community Access Corporation regarding public access, as it may be amended from time to time. SECTION 3. GENERAL PROVISIONS 3.01 Agreement of Grantor _ and Company A. Both Grantor and Company agree to be bound by all terms and conditions of this Franchise Agreement. B. Company also agrees to provide all available services specifically set forth in, and to comply with all provisions of, its Offering.. Further, failure of Company to provide a System as described in its Offering, at Grantor's option, shall be a violation of the provisions of this Franchise Agreement. In the event of conflicts or discrepancies between the Offering and the provisions of this Franchise Agreement, that which shall provide the greatest benefit to Grantor, as determined by Grantor, shall prevail. 3.02 Acceptance of Franchise A. Both parties agree to be bound by and to timely and fully perform and fulfill all of the terms, agreements, provisions, conditions, promises, offers, representations and inducements contained in the Franchise and Offering of Company. The Offering of Company is hereby incorporated herein in full as if fully set forth herein. B. Company agrees that it is and shall be subject to the regulatory authority of Commission as set out in the Franchise and as the Franchise may, from time to time, be supplemented or amended, except as modified or otherwise qualified by subsequent legislation in accordance with Section 13.05. C. Company understands and agrees that the Offering is specifically set out in this Agreement only in part, and that the whole of the Offering is incorporated in this Agreement by reference and that .accordingly, any failure to provide any available service set forth in the Offering or any other failure to comply with the Offering shall be a violation of the Franchise. D. Company agrees to cooperate fully with Grantor - and apply for any required licenses, permits and other authority, necessary for the construction, operation and maintenance of System pursuant to Franchise. E. Company represents, warrants and guarantees that neither it, nor its representatives or agents, have committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of, any federal, state or local law or regulation in connection with their Offering for or the obtaining of the Franchise. 7 F. Company further warrants and represents as follows: 1. That it is a corporation under the laws of Minnesota, and has full right and authority to enter into and fully perform the Franchise, the Offering and this Franchise Agreement; that all cor action required to rP q authorize the acceptance of the Franchise and execution and delive ry of this Franchise Agreement and all other documents to be executed and /or delivered by Company pursuant to the Franchise and this Franchise Agreement, and to authorize the performance by Company of all of its obligations under the Franchise, the offering, and this Franchise Agreement, and all such other documents to be executed and /or delivered by Company, have been validly and duly acted on and are in force and effect; and that the Franchise and all other documents executed and /or delivered by Company have been duly accepted and executed and the terms of each thereof are fully binding upon and enforceable against Company. 2. That Company has the fiscal and construction capability to commence, complete, operate and maintain System pursuant to the terms of the Franchise. G. Company hereby agrees to the rates, rate change procedures and standards for review of rates and rate changes in the Franchise, which are not inconsistent with state and federal law. �� H. Company agrees that all of its agreements, representations and warranties set forth herein and in the Offering shall be binding upon it and its successors and assigns, and shall inure to the benefit of Grantor and its successors and assigns. I. With this Franchise Agreement, Company has also delivered to Commission an opinion from its legal counsel, acceptable to Commission, stating that the Franchise is duly accepted by Company, that the guarantees have been duly executed and delivered, that the Franchise and the guarantees are enforceable against Company and the guarantors in accordance with their respective terms, and which opinion is otherwise in form and substance acceptable to Commission. 3.03 Police Powers A. Company's rights are subject to the police power of Grantor to adopt and enforce ordinances necessary to the health, safety and welfare of the public. B. Any conflict between the provisions of this Franchise Agreement and any other present or future lawful exercise of police powers of Grantor shall be resolved in favor of Grantor. 3.04 Use of Company_' Facilities Grantor shall have the right to install, free of charge, upon the poles and within the underground pipes and conduits of Company any wires and fixtures desired by Grantor to the extent that installation and maintenance does not interfere with Company's operations. Company waives any claim against Grantor arising from the exercise of these rights. 3.05. written Notice. All notices, reports or demands required to be given in writing under the Franchise shall be deemed to be given when delivered personally to any officer of Z Company or Grantor, whichever is appropriate, or when forty -eight (48) hours have elapsed 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 which notice is being given, as follows: If to Company: President North Central Cable Communications Company, Inc. 934 Woodhill Drive Roseville, Minnesota 55113 If to Grantor: City Administrator City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 With Copy To: Executive Director Ramsey /Washington Counties Suburban Cable Communications Commission 7245 Stillwater Boulevard North Oakdale, Minnesota 55128 Such addresses may be changed by either part upon notice to the other party given as provided in this section. SECTION 4. DESIGN PROVISIONS 4.01 System Design Concept Company shall construct, own, operate and maintain a System featuring three (3) functionally separate networks: a 450 MHz cable subscriber network, a 440 MHz cable dedicated Institutional Network and a regional interconnection network. All three (3),networks shall be two -way active from inception and shall be capable of transmitting audio, video and data signals. The three (3) networks shall be fully interconnected. C 4.02 Institutional Network A. Design, Maintenance . and Operation The Institutional Network shall consist of a totally separate cable with four hundred forty (440) MHz capacity. The network shall have the initial capacity of fifty -six (56) video channels, thirty-one (3i) downstream and twenty-eve (25) upstream. Company shall allocate appropriate bandwidth free of charge for use by non - profit institutions as set forth in Company's Offering. The Institutional Network shall be built, maintained and operated in accordance with Company's Offering and in accordance with the Franchise Agreement. B. Equipment and Facilities Transfer 1. Company has conveyed and transferred to the Commission by Warranty Bill of Sale, title to and ownership of all equipment listed on the attached Exhibit A, together with all related service and user manuals as available, computer software that is installed, and cable diagrams (the "I /Net Equipment"), for use in operating the I /Net. 2. Company has represented and warranted to the Commission that (a) it holds good title to the I /Net Equipment free and clear of any and all encumbrances; (b) the I /Net Equipment is in Good Operating Condition, and (c) the conveyance of the I /Net Equipment, together with performance by Company of its obligations under this Agreement, enables and permits the Commission to switch the I /Net System for governmental and non- profit institutional users. 11 C Responsibilities for Maintenance an�peration 1. Company shall be responsible for the maintenance,, repair and technical performance of the cable and related active and passive electronics which carry I /Net signals, and for repair and replacement of the modulators and demodulator (as may be necessary to produce picture quality consistent with FCC standards) and convertors (consistent with uniform Company policy and practice) used in the I /Net system. The Grantor shall be responsible for the maintenance, repair and technical performance of the I /Net Equipment (except for the modulators, demodulator and convertors); for signals to and from governmental, educational and non - profit institutional users; and for requests by institutional users for switching. This division of responsibilities is schematically represented on the attached Exhibit B. 2. The parties acknowledge that certain equipment located at governmental, educational and non - profit institutions, described on the attached Exhibit C, was donated by gift from Company to those institutions, and that neither party, nor any designee of the parties, is responsible for maintenance of this equipment. 3. Company agrees it shall cooperate in good faith with the Grantor, so that the I /Net shall remain in good working order and repair, so as to produce at all times during the term of the Franchise the signal quality required 12 under the technical standards of the FCC (as they may be amended from time to time), or, at such time as the technical standards under the Franchise are deemed enforceable or effective, under the terms of the Franchise. In furtherance of this Agreement, Company shall perform periodic testing of the I /Net system, to determine its condition, and provide the results of such tests to the Commission. Construction and equipment costs for the expansion, installation or addition of governmental, educational and non- profit institutions to the I /Net System shall be made pursuant to the guidelines under the Franchise. In the event Company fails to perform as required, Company shall be in default, and the Grantor may (but shall not be obligated to) undertake to cure such default, and to exercise any and all remedies available to it under the terms of the Franchise or at law or in equity. 4. Company shall not charge, bill, or recover any compensation from the Grantor, governmental or non - profit institutions, for the use and operation of the I /Net. The Grantor shall be entitled, in its discretion, to charge for and recover compensation from any governmental, educational, or non- profit institution's use of the I /Net. 5. The terms of this Section 4.02 shall supersede those in the Franchise and Offering, only where such terms are in direct and irreconcilable conflict. 4.03 Regional Interconnect Network Company shall provide a two -way microwave System for interconnection with at least four (4) other Systems. The network shall have at least 13 the initially activated capacity of three (3) upstream and three (3) downstream video channels with each System. Such interconnection shall be provided when mandated by State law, or when the Grantor and the franchising authority for the other system(s) agree that interconnection is desirable. Company shall abide by the Grantor's requests for interconnection with other system(s) when requested by the Grantor. Notwithstanding the foregoing, Company and the Grantor agree that on an interim and temporary basis, Company's obligation to provide the Interconnection Network is modified as provided in that certain letter dated July 23, 1991, from the Commission attorney to Company, summarizing the Agreement approved by the Commission at its meeting of July 11, 1991, which letter is attached hereto as Exhibit D. 4.04 Geographic Narrowcasting Company shall design, construct, operate and maintain the System so as to allow discrete communications within a single municipality, within any combination of municipalities or throughout the entire Ramsey /Washington Service Territory on one (1) or more channels. Such narrowcasting will permit residents of one (1) City to view a given program while, at the same time, residents of another City may watch different programming at the same time on the same channel. 4.05 Initial Service Area Company shall construct, own, operate and maintain a System passing by every single - family dwelling unit and multiple- family dwelling unit in Birchwood Village, Dellwood, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights, White Bear Lake, White Bear Lake Township, Willernie and those sections of Grant Township and Lake Elmo as set forth in Exhibit E to this document. 4.06 Community Programming The Commission has assumed responsibility for Community Programming within the Franchise Area and has been transferred title to certain 14 equipment, all as is set forth in the Amendment to Ramsey /Washington Counties Suburban Cable Communications Commission Cable Communications Franchise Agreement attached as Exhibit F, and all Exhibits to the Agreement which are herein incorporated by reference. Company is relieved of all responsibility for Community Programming, except as provided in this Agreement. A. Equipment and Facilities 1. The Commission has agreed that it may permit, in its sole discretion, use of the van by Company, upon terms and conditions acceptable to the parties. The Commission shall be responsible for the maintenance of the van and all associated equipment, except as otherwise agreed to by. the parties. 2. Company agrees that the Grantor may, for no charge, have the use of a studio at any of Company's facilities in the Franchise area, so long as Company operates a studio in the Franchise area. Use of the studio facility by the Grantor will be permitted, if not otherwise in use by Company, and is subject to reasonable rules established by Company. Company shall have no obligation to incur additional costs, in terms of staff or equipment, because of Grantor's use of the studio facility. In the event the Company determines to vacate its existing studio facility in Oakdale, Minnesota, but continue to lease such space, the Commission shall be entitled to sublease the studio facility from the Company at a rate 15 equal to 50% of the Company's leasehold expenses allocable to the studio facility. 3. Company agrees that if, at any time during the first three (3) years of the term of Commission's sublease of 2460 County Road F, White Bear Lake, Minnesota, the Commission determines to relocate or expand from the leasehold space Company shall (a) pay $15,000.00 for miscellaneous expenses and the construction of leasehold improvements at the Commission's new location; (b) unconditionally release the Commission from all obligations associated with the prior lease agreement, if the Commission requests such a release; and (c) at no cost or charge to the Commission, connect the subscriber System and I /Net to the new location, so long as it is within one mile of the subscriber System and I /Net and contiguous to a public or other right of way. If the new location is more than one mile from the subscriber System and . I /Net, the Commission shall pay at cost all reasonable expenses associated with the installation, except for the last mile of the installation and connection. B. Community Programming Channels 1. Company shall make available for the unrestricted, sole and complete use by the Commission, and the Commission shall assume control of and responsibility for, all library, religious, public, educational, and government access program Channels in the System. These Community Programming Channels are numbered at the time of this Agreement as: C 3 Public Access 10 Public Access 51 Educational Access 52 (See Paragraph 3 below) 53 Library Access 63 Religious Access 64 Government Access 66 Private Educational Access 67 Higher Educational Access 62 (See Paragraph 3 below) Company agrees it shall not renumber or realign the Community Programming Channels without the prior written consent of the Commission. Company further agrees that all Community Programming Channels shall be received by all System subscribers. 2. Company shall remain bound by Article 11.02 of the Ordinance, regarding Additional Community Programming Channels, notwithstanding the transfer of these Community Programming Channels. 3. The Grantor agrees Company shall have the right to use Community Programming Channels 52 and 62, for cablecast of programming for any lawful purpose, until the Commission gives Company written notice(s) requesting return of control and use of either or both Community Programming Channels 52 and 62. The Grantor further agrees that such notice(s) shall be given at least twelve (12) months prior to the date for actual and effective return of control and use to the Commission of either or both Community Programming Channels 52 and 62. A notice from the Commission for return of one Channel shall not be construed as a waiver of Commission's right to require return of the second Channel at a later 17 date Company agrees its obligation to return use and control of Community Programming Channels 52 and 62 is otherwise unconditional, and not dependent on any showing of need or cause by the Commission. Company further agrees that when one or both of these Community Programming Channels are returned for the use of the Commission, such Channels shall be received by all System subscribers. 4. The Commission shall be entitled to sell and display paid commercials on one of the Community Programming Channels of its choosing. Provided, the Commission agrees it shall not lease such Channels for commercial use by third parties. Company acknowledges that Commission is entitled to solicit and cablecast sponsored programming. 5. Company agrees it shall cooperate in good faith with the Grantor, and any designee of the Grantor, to facilitate cablecast of Community Programming. Company shall maintain its System equipment in good working order and repair, so that the signal quality of the Community Programming Channels shall be equal to that of other System Channels. C. Miscellaneous. 1. Company agrees that the Commission shall be permitted to schedule for cablecast at times and on channels mutually acceptable to the parties, two (2) thirty- second ad avails each day, during the term of the Franchise, and on a run of the Commission to announce, identify or promote community television. 18 2, Company agrees it shall annually produce, in cooperation with the Commission and at Company's expense, a black- and -white bill stuffed promoting community television. The bill stuffed shall be produced and mailed with the subscriber billing statements at least once each calendar year during the Franchise term. 3. Subject to the requirements of applicable federal, state and local law, the Commission shall be entitled to adopt and enforce rules governing the use of the Community Programming Channels. All users of the Community Programming Channels, including Company, shall be subject to such rules. 4. Company agrees that the Commission shall have access to all satellite services available to Company, and that Company shall not charge the Commission for such access. This agreement is subject to the following conditions: (a) the satellite services are received through existing equipment currently in place, and use shall not disrupt Company's use of the equipment; (b) the service to be cablecast by Commission is not being cablecast by Company; (c) the services are not commercial in nature; and (d) the Commission has acquired the legal right to cablecast such programming. 5. Company shall use good faith efforts to amend, to the extent necessary, the system extension permit granted by the City of Gem Lake, and the Cable Television Franchise Ordinance for the City of Hugo (collectively, 19 the "Permits" ), to delete references therein to Community Programming Equipment being transferred to the Commission. Company will indemnify and hold harmless Grantor and Commission against any claim that the Company breached any Permits relating to Community Programming equipment, that may be brought by either Hugo or Gem Lake, or any resident thereof. 4.07 Educational. Access Channels A. Company shall provide four (4) educational access channels for use by local educational institutions. Company shall allocate an additional channel(s) for each educational institution should each channel of educational institution be programmed eighty percent (80%) of the week days for eighty percent (80%) of the time during any consecutive three (3) hour period for six (6) weeks running with non - automated programming. This requirement for an additional channel(s) shall also take effect when the Commission's Executive Director reviews and approves programming forecasts prepared by authorities of the educational institution illustrating that such demand will occur in any immediately following six (6) week period. Any party may appeal the Executive Director's finding to Commission. B. Company may terminate activation of an educational access channel upon a showing that need for such a channel no longer exists as determined in the sole discretion of Commission. FA 4.08 Provision of Service After service has been established by activating trunk cable for any area, Company shall provide service to any requesting subscriber within that area ninety (90) days from the date of request. 4.09 Technical and Performance Standards In addition to the System technical standards set forth in the Franchise Ordinance, Company shall abide by the technical standards set forth in Company's Offering. 4.10 Test and Compliance Procedures Company's methods and schedules for testing the System on an ongoing basis shall be in compliance with its Offering. The tests for the subscriber network shall, at a minimum, be performed periodically, at intervals no greater than every six (6) months, on a minimum of twenty (20) subscriber television receivers, located throughout the service area. At least eight (8) of these locations shall be at the far end of the distribution trunk cable. The test shall be witnessed by representatives of the Commission and written test reports shall be submitted to the Commission. If more than ten percent (10 %) of the locations tested fail to meet the performance standards, Company shall indicate what corrective measures have been taken and the entire test shall be repeated for at least twenty (20) different locations. 4.11 Emergency Requirements Company shall provide a total audio /video /FM emergency alert overriding capability. Subscribers on all other levels of service shall receive the emergency alert capabilities of the converter. Complete standby power and status- monitoring shall be provided by Company for both the subscriber and Institutional Networks. A visual warning device to serve the hearing impaired shall be available at cost to subscribers. 21 SECTION 5. SERVICE PROVISIONS 5.01 Initial Services and Programming Company shall provide the initial, services and programming as available in the Offering and this Section. Company shall provide two (2) tiers of service as set forth the Offering. Services or programming tiers shall not be reduced or altered without prior notice to and approval of Grantor. A. Inclusive Services Offered 1. Local Broadcast 3imals The System will comply with carriage requirements promulgated in Part 76 of the FCC rules and regulations. 2. Access Services. Channels exclusively dedicated for access programming include the following: Public Access (Systemwide) Educational Access Public Access (Narrowcasting) Religious Access Higher Education Access Library Access School District Access Private School Access Leased Access I Government Access (Emergency Alert) Leased Access II SECTION 6. CONSTRUCTION PROVISIONS 6.01 Construction Timetable. Company shall construct the Initial Service Area as set forth in Exhibit E within twenty (20) months from the date of Board certification. Construction shall be considered to be complete when all residences in the initial service area have access to cable communications service as determined in the sole discretion of the Commission. 22 A. Within one (1) year of the date of Board certification, construction shall be completed in the following: Birchwood Village, Dellwood, Grant Township, Mahtomedi (aerial), Vadnais Heights, White Bear Lake, White Bear Lake Township and Willernie. B. Within twenty (20) months of the date of Board certification, construction shall be completed in the following: Lake Elmo, Mahtomedi (underground), Maplewood, North St. Paul and Oakdale. 6.02 Construction Delays. Company shall notify Grantor and Commission of any delay in the construction or upgrading of System. Grantor may excuse delay only upon occurrence of unforeseen events including, but not limited to, utility makeready delays or acts of God. Company shall give notice to Grantor and Commission of the event or circumstances beyond its control and the anticipated delay. Unless Grantor notified Company within forty -five (45) days that the delay is unreasonable, Company shall be entitled to the delay specified in its notice. If notice is given by Grantor, there shall be a further review between Grantor and Company and no extension shall then be deemed to be granted unless approved by Grantor. If during the review an impasse arises on the reasonableness of the delay, the issue shall b by the use of an arbitrator pursuant to Section 12. 6.03 Line Extension Policy. For homes outside of the initial service area, Company will provide service to contiguous areas once a density of forty (40) homes per mile is reached. Areas below this density shall have service available on a cost sharing basis. The following procedures will apply: 23 A. Upon request for service, Company will construct the needed line extension in accordance with the above criteria. B. Construction will be accomplished in a timely manner subsequent to such a request. Construction completion shall be subject to such factors as type of construction (aerial or underground), season conditions and makeready factors. C. The cost of the line extension will be prorated based an the number of subscribers served by the extension. Company will absorb the first Four Hundred Dollars ($400) per subscriber of the prorated cost. Subscribers on a line extension casting less than Four Hundred Dollars ($400.00) per serviced subscriber would not be subject to the cost sharing obligation. D. In the event new subscribers are serviced by a line extension, those new subscribers will be assessed a line extension charge on the same pro -rata basis described above and the assessment, if any, will then be refunded on a pro -rata basis annually to any of the original subscribers that shared in the original cost of that line extension. E. Once the line extension is built on the above basis, the standard installation and monthly rates will apply. F. Provision of service through a line extension shall be accomplished no later than six (6),months from the date of request. G. Company reserves the right to require payment in advance for the subscriber's portion of any line extension cost. 24 6.04 Repair of Streets and Prooer_ty In constructing, operating, maintaining and testing System, Company shall refill and compact, at its own expense, any excavation that shall be made and shall leave all streets and property, whether it be public or private, in as good a condition as that prevailing prior to the said work, and without affecting, altering or disturbing, in any way, electric telephone or utility cables, wires or attachments. The Grantor shall have the right to inspect and approve the condition of such streets and property after said work. 6.05 _U, ndergrounding of Cable The placement of cables underground is encouraged. In any event, cables shall be installed underground where all existing utilities are already underground. Previously installed aerial cable shall be placed underground in concert with all other utilities, when all other utilities may convert from aerial to underground construction. Grantor shall notify Company of all pending changes from aerial to underground utility installations. Developers shall be required by Grantor to give reasonable notification to Company of pending underground trenching. Company shall place cable underground in newly platted areas in concert with the other utilities. 6.06 Reservations of Street Rights Nothing in this Agreement shall be construed to prevent Grantor from constructing sewers, grading, paving, repairing and /or altering any street, or .laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of poles, wires, conduits or other appliances and facilities shall be removed or replaced in such manner as shall be directed by Grantor so that the same shall not interfere with the said public work of Grantor and such removal or replacement shall be at the expense of Company herein. 25 6.07 Trimming of Trees Nothing contained in the Franchise shall be deemed to empower or authorize Company to cut or trim any trees, ornamental or otherwise, in any of the streets, alleys or public highways, but Company may cut or trim trees as necessary only pursuant to a prior agreement with the owner of property which is adjacent to the street area in which such tree stands, providing, that no such permission shall be required with respect to a right -of -way used by a utility. 6.08 Street Vacation or Abandonment In the event any street or portion thereof used by Company shall be vacated by Grantor or the use thereof discontinued by Company, during the term of the Franchise, Company shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and upon the removal thereof restore, repair and reconstruct the street area where such removal has occurred, and place the street areas where such removal has occurred in such condition as may be required by Grantor. In the event of failure, neglect or refusal of Company, after thirty (30) days notice by City to repair, improve or maintain such street portion, Grantor may do such work or cause it to be done, and the cost thereof as found and declared by Grantor shall be paid by Company as directed by Grantor and collection may be made by Court action or otherwise. 6.09 Movement of Facilities In the event it is necessary temporarily to move or remove any of Company's wires, cables, poles, or other facilities placed pursuant to the Franchise, in order lawfully to move a large object, building or other structure over the streets of Grantor, Company, upon reasonable notice, shall move at the expense of the person requesting the temporary removal such of its facilities as may be required to facilitate such movement. Company reserves the right to require payment in advance for such moving services. 26 Additionally, any service disruption sections of the Franchise shall not apply in the event that the removal of Company's wires, cables, poles or other facilities result in temporary service disruptions; however, Group W shall give notice to subscribers by providing notice for five (5) days, each day between 7:00 p.m. and 9:00 p.m. on two (2) channels if such removal will result in temporary service disruption. 6.10 Erection of Poles Prohibited Company shall not erect, for any reason, any pole on or along any street in an existing aerial utility system. If additional poles in an existing aerial route are required, Company shall negotiate with the utility for the installation of the needed poles. Any such additional poles shall require the advance written approval of Grantor. SECTION 7. OPERATION AND MAINTENANCE 7.01 Open ,Books and Records Company shall maintain an office and studio within the Franchise area and manage all of its operations in accordance with a policy of totally open books and records. Grantor and Commission shall have the right to inspect, upon reasonable notice, at any time during normal business hours, all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results, .record of requests for service and other like materials of Company which relate to the operation of the Franchise. Access to the aforementioned records shall not be denied by Company on the basis that said records contain "proprietary" information. 7.02 Annual Reports Within one hundred twenty (120) days after the close of Company's fiscal year, for the Franchise, Company shall submit a written annual report, in a form approved by the Grantor, including, but not limited to, the following information: 27 A. A summary of the pervious year's (or, in the case of the initial reporting year, the initial year's) activities in development of the System, including, but not limited to, services begun or discontinued during the reported year, and user participation. B. A financial statement including a statement of income, revenues, operating expenses, value of plant, annual capital expenditures, depreciation with an attached depreciation schedule, interest paid, taxed paid, balance sheets, and a statement of sources and application of funds, covering all years since the beginning of the Franchise. C. A reconciliation between previously projected construction and /or financial estimates, as the case may be, and actual results. D. A list of Company's officers, members of its Board of Directors, and other principals of Company. E. A list of stockholders or other equity investors holding three percent (3%) or more of the voting interest in Company and its parent, subsidiary and affiliated corporations and other entities, if any. F. To the extent that money, other than profits, is paid to a parent, subsidiary, or other person affiliated with Company, the amounts of such payments and the basis for. computation of such amounts (e.g., the basis for computing any management fees or share of "home office" overhead) . 28 G. A copy of each document filed with all federal, state and local agencies during the preceding fiscal year and not previously filed with Commission (each of these filings shall be provided at the time the filing is made). H. A statement of its current billing practices. I. Records and supporting documentation of all centralized operations, equipment, functions and costs in the Twin Cities metropolitan area. 7.03 Programmin-g Preference Poll A. Commencing in 1987 and biannually thereafter, Company, no earlier than ninety (90) days and no later than thirty (30) days prior to submitting its written annual report pursuant to Section 7.02 herein, conduct a poll of the programming preferences of subscribers. B. Each questionnaire shall be prepared and conducted in a manner approved by Commission and. conducted so as to provide statistically reliable measurements of subscriber preferences for: 1) Programming offered by Company at the time the poll is conducted; and 2) Programming generally available to cable subscribers nationally but not offered by Company at the time the poll is conducted together with the incremental cost per subscriber for providing such programming. C. For the purposes of the preceding paragraph, "incremental cost per subscriber" shall include necessary equipment costs, programming costs and a fair rate of return. 29 D. Company shall make reasonable good faith efforts to promote subscriber awareness of the poll and the programming generally available to cable subscribers but not offered by Company. E. The poll results shall be complied and published by Company in a manner readily comprehensible to the public and shall be made available for public review within the Franchise area at locations and times convenient to the public. Upon request of Commission, Company shall make the subscriber returns available for Commission review and inspection. F. Company shall, together with its written annual report, report in writing what steps Company is taking to implement the finding of the poll. G. Notwithstanding anything to the contrary: 1) In the event twenty percent (20 %) or more of the respondents request programming not currently offered and said respondents indicate a willingness to pay an incremental monthly fee not to exceed twenty cents ($.20) per subscriber for such programming, Company shall show cause why such programming should not be provided. 2) In the event thirty percent (30 %) or more of the respondents request programming not currently offered and the respondents, indicate a willingness to pay an incremental monthly fee not to exceed thirty cents ($.30) per subscriber for such programming, Company shall show cause why such programming should not be provided. 30 3) In the event fifty one percent (51 %) or more of the respondents request programming not currently offered, Company shall show cause why such programming should not be provided. 4) Should Company fail to establish to the satisfaction of the Commission that such programming is not technically or financially feasible, upon request of the Commission, Company shall provide such programming within sixty (60) days or at such later date as the. Commission may establish. H. Failure to comply with a requirement of the Commission may subject Company to liquidated damages as set forth in thee Franchise Agreement. In the alternative, Company shall, upon request of Commission, make a channel(s) available on a reasonable basis not to exceed fair market value to a third party for the provision of said service(s). I . If an impasse . arises on any issue regarding operations, technical issues, or financial issues, the issue(s) shall be resolved by the use of arbitration as set forth in Section 12 of the Franchise Agreement. The time periods specified in this section shall be tolled while Company is exercising its right of arbitration and appeal. 7.04 Audit. The Grantor and its agents and representatives shall have authority to arrange for and conduct an audit of and copy the books and records of Company. Company shall first be given two (2) working days' notice of the audit requested, the description of and 31 purpose for the audit and description, to the best of Commission's ability, of the books, records and documents it wants to review. 7.05 Communications with Regulato_ Agencies Copies of all petitions, applications, communications and reports submitted by Company to the FCC, Securities and Exchange Commission or any other federal or state regulatory Commission or agency having jurisdiction in respect to any matters affecting cable communications systems operations authorized pursuant to this Franchise shall also be submitted simultaneously to Commission. Copies of responses to Company from the regulatory agencies shall likewise be furnished to the Commission within five (5) days after their receipt. Company hereby waives any right to claim confidential., privileged or proprietary rights to such documents. However, information otherwise confidential by law and so designated by Company, which is submitted to Commission, shall be retained in confidence by the Commission and its authorized agencies and shall not be made available for public inspection. 7.06 Monitoring and Compliance Ret_ orts No later than April 15 of each year, Company shall provide a written report of the FCC performance tests for the System required in Part 76, Section 76.601 of FCC Rules and Regulations. In addition, Company shall provide to Commission, reports of the tests and compliance procedures no later than ten (10) days after the completion of each series of tests. 7.07 A, dditional Reports Company shall prepare and furnish to Grantor or its designee, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, which in the sole discretion of Grantor are necessary. 32 7.08 Mans. Company shall provide Commission and each City a current map or set of maps drawn to scale, showing all System equipment installed and in lace in streets and P other public places, upon completion of construction in that area. 7.09 Safely. A. Company shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, g , injury or nuisance to the public or to employees of Commission or Grantor. B. Company shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the all applicable codes, and in - such manner that they will not interfere with any installations of .Grantor or any public utility. C. All lines, equipment and connections in, over, under and upon the streets and d private property within Grantor, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in g ood order and repair. 7.10 Maintenance and Compla_ ts A. Company shall maintain an office within the Franchise area which shall be open during all usual business hours, have . a publicly listed toll -free telephone, and be so operated as to receive subscriber complaints and requests for repairs or adjustments on a 24- hour -a -day, , 7 -day -a -week basis. A written Y Y rltten log available for public inspection shall be maintained listing all complaints and their dispositions. 33 B. Company shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of System. A written log available for public inspection shall be maintained for all service interruptions. C. Company's local office staff will maintain regular office hours Monday through Friday from 9:00 a.m. to 5 :00 p.m., except on holidays as defined at Minnesota Statute § 645.44, as amended. Complaints concerning billing, employee courtesy, programming, safety or company policy shall be handled immediately . Service. complaints involving a loss of service or affecting more than one subscriber will also be dealt with immediately. All other complaints relating to service will be rectified in the same day as the complaint is received. In no instance will Company's response be more than 24 hours after the complaint is received. D. Company shall maintain a sufficient repair force of technicians that shall respond to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. A general class or first -class licensed engineer shall be on duty or on call at all times. All complaints shall be resolved within seven (7) days, to the extent reasonable. No charge shall be made to the subscriber for this service and subscriber's account shall be credited if said subscriber is without service for any reason for a period exceeding seventy -two (72) hours. 34 E. All subscribers, programmers and members of the general public may direct complaints regarding Company's service or performance to Grantor. In the event resolution of any dispute does not occur, Grantor shall ensure that all subscribers, programmers and members of the general public have recourse to a public hearing regarding any complaints, where there is evidence that Company has not settled the complaint to the satisfaction of the person initiating the complaint. Upon the request of any party or participant, Grantor or its designee shall act as a board of review of any disputes. Company shall abide by a resolution of the dispute by Grantor or its designee. F. System outages or problems involving more than one (1) subscriber will be handled immediately. All other calls will be handled in sequence. In no case will the response be more than twenty -four (24) hours after the receipt of the complaint. The status monitoring system will be monitored by personnel from 9:00 a.m. until 10:00 p.m. on weekdays. At other times, an auto- dialer will notify personnel of problems. G. Company shall have maintenance technicians on duty from 8:00 a.m. to 8:00 p.m. Monday through Friday, except on holidays as defined at Minnesota Statute § 645.44, as amended. A technician shall, where necessary, make an in- person maintenance call at the subscriber's location between 8:00 a.m. and 8:00 p.m Monday through Friday, except on holidays as defined at Minnesota Statutes § 645.44, as amended, within forty -eight (48) hours after receipt of the complaint. In the event a subscriber is without service, in- person maintenance wil� calls shall be made seven (7) days a week. For purposes of this paragraph; "without service" shall mean a material and substantial degradation in service. 7.11 Service Contract A. All subscriber services shall be provided by Company pursuant to a service contract between Company and subscribers. Company shall receive approval from Grantor of the form and content of any service contract to be used by Company prior to entering into any such service contracts with subscribers, and Company shall make no, changes in the approved service contract without prior approval of Grantor. Grantor shall not unreasonably withhold or delay approval. A separate subscriber booklet may be deemed part of a service contract. The service contract shall include, at a minimum, a schedule of all rates and charges, description of services, instructions on the use of System, billing and collection practices. B. The service contract may include such rules, regulations, terms and conditions governing the conduct of Company's business as shall be reasonably necessary to enable Company to exercise its rights and perform its obligations under the Franchise and to assure an uninterrupted service to each and all of its subscribers; provided such rules, regulations, terms and conditions shall not be in conflict with the provisions of the Franchise, ordinances of Grantor and laws of the State of Minnesota or the United States. C . All service contracts shall contain instructions on filing complaints. or otherwise obtaining information or assistance from Company. 36 D. The term of a subscriber contract shall not be for more than twelve (12) months duration. Nothing in this paragraph shall exclude Company from entering into subscriber contracts, by reason of a line extension policy, for a term longer than twelve (12) months. 7.12 Subscriber Practices There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, Company may disconnect the subscriber's service outlet, provided, however, that such disconnection shall not be effected until after the latter of (i) forty-five (45) days after the due date of said delinquent fee or charge, or (ii) ten (10) days after delivery to subscriber of written notice of the intent to disconnect. If a subscriber pays before expiration of the latter of (I*) or (ii), Company shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Company shall promptly reinstate the subscriber's cable service. 7.13 Rights of Individuals A. Company shall not deny service, deny access, or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, creed, religion, ancestry, national origin, sex, affectional preference, disability, age, marital status, or status with regard to public assistance. B. Company shall comply at all times with all other requirements of federal, state and local laws and regulations, and the requirements of all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made of this Franchise Agreement by reference. 37 C. Company shall strictly adhere to the equal employment opportunity requirements of the federal government as well as to the requirements of state and local laws and regulations. 7.14 Refunds to Subscribers and Programmers A. If Company fails to provide any available service requested by a subscriber or programmer, Company shall, after adequate notification and being afforded the opportunity to provide the service, refund within thirty (30) days all deposits or advance charges paid for the service in question by said subscriber or programmer. This provision does not alter Company's responsibility to subscribers under any separate contractual agreement or relieve Company of any other liability. B. If any subscriber terminates any monthly service during the first twelve (12) months of said service because of the failure of Company to render any available service in accordance with the standards set forth in the Franchise, Company shall refund to such subscriber an amount equal to the installation or reconnection charge paid by the subscriber multiplied by the fraction of the twelve (12) month period for which the subscriber will not be receiving service. In the event that said subscriber has made an annual payment in advance, a similar portion of said payment shall be refunded by Company. This provision does not relieve Company of liability established in other provisions of the Franchise. C. If any subscriber terminates, for any reason not specified in section B above, any monthly service prior to the end of a prepaid period, a prorated portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by Company. D. Continued failure by Company to provide services proposed by it may, in the discretion of Grantor, be cause for imposition of liquidated damages or termination of the Franchise. 7.15 P_ eriod c Renegotiation The field of cable communications is a relatively new and rapidly changing field which may see many regulatory, technical, financial, marketing and legal changes during the term of the Franchise. Therefore, in order to provide for a maximum degree of flexibility in the Franchise, and to help achieve a continued advanced and modern System, the following evaluation provisions are agreed upon: A. Grantor reserves the right to adopt rules and regulations controlling the procedures and subjects for periodic reviews and evaluation. In the absence of any Grantor action taken to exercise these rights, Company shall be subject to at least the procedures and subjects described in this section. B. Grantor may require, at its sole discretion, System performance evaluation sessions at any time during the term of the Franchise or as required by federal or state law. At a minimum, such evaluation sessions shall be conducted by Grantor within thirty (30) days of the third, sixth, ninth and twelfth anniversary dates of the effective date of the Franchise by Company. C. All evaluation sessions shall be open to the public and notice of sessions published in the same way as a legal notice. Company shall notify its subscribers of all evaluation sessions by announcement on at least two channels of System a 39 between the hours of 7 :00 p.m. and 9:00 p.m. for five consecutive days preceding each session. D. Topics which may be discussed at any evaluation session may include, but not be limited to, service rate structures, Franchise fee, application of new technologies, system performance, services provided, programming offered, access channels, facilities and support, local origination, customer complaints, privacy, judicial, FCC ruling, line extension policies, and any other topics the Grantor or Company deem relevant. E. During a review and evaluation by Grantor, Company shall fully cooperate with Grantor and shall provide without cost such information and documents as Grantor may request to reasonably perform the evaluation. F. If at any time during its review, or at any other time, Grantor determines that reasonable evidence exists of inadequate System performance, it may require Company to perform tests and analyses directed toward such suspected inadequacies at the Company's own expense. Company shall fully cooperate with Grantor in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice. The report prepared by Company shall include at least: 1. A description of the problem in System performance which precipitated the special tests. 2. What System component was tested. 3. The equipment used and procedures employed in testing. 40 4. The method, if any, by which such System performance problem was resolved. 5. Any other information pertinent to said tests and analyses which may be required by Grantor, or determined when the test is performed. The expense for any consultant shall be borne in accordance with Section 5.04 of the Ordinance. Grantor shall have sole discretion in selecting a consultant. The consultant shall sign all records of special tests and forward to Grantor such records with a report interpreting the results of the tests and recommending actions to be taken. G. As a result of a periodic review or evaluation session, Grantor may require Company to modify the System or to provide additional services, and Grantor shall authorize, upon need being shown, a rate increase sufficient to ensure the economic feasibility of the changes. Company will comply with any such requirement of Grantor unless technology does not permit it, the proposed changes and rate increases taken in combination are not economically feasible, or insufficient time has been allowed for implementation. In the event that Grantor and Company do not agree regarding operations, technical issues, financial issues or compliance with the requests of Grantor, the parties shall negotiate in good faith. Failure of Company to upgrade or modify System or to provide additional services as either agreed to with Grantor or required by arbitration, shall be grounds for forfeiture of monies from the security fund, unless due to reasons 41 beyond the reasonable control of Company and so demonstrated by Company. Grantor may also pursue such other legal or equitable remedies as may be available to it. H. If, during the renegotiation process, an impasse arises on any issue regarding operations, technical issues, financial issues or compliance with state -of -the -art requests by Grantor, the issue shall be resolved by the use of an arbitrator using the rules of the American Arbitration Association. Cost for such arbitration and any related technical studies will be divided equally between the Grantor and Company. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.01 Payment to .Grantor A. Company shall pay to Grantor or its designee an annual amount equal to five percent (5%) of its Gross Annual Revenues. The foregoing payment shall be compensation for use of streets and other public property. The amount is deemed fair and reasonable and may be used by Grantor for such cable related purposes as it, from time to time, shall determine. B. Payments due Grantor under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quarter year and payable to the Grantor or its designee on January 15, April 15, July 15, and October 15. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the Grantor. 0Y? C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Grantor may have for further or additional sums payable under the provisions of this Agreement. All amounts paid shall be subject to audit and recomputation by the Grantor. D. Such payment may be renegotiated by the parties in the event Franchise fee limitations imposed by federal or state authorities are removed or increased. 8.02 Support of Access Company shall pay the following sums to the Commission in support of access: A. .Annual Equipment Replacement Grant On or before January 2 in each of the years 1996, 1997 and 1998, Company shall pay the Commission the sum of B. Annual Operating Grant On the effective date of the transfer, Company paid the Commission the sum of $85,000.00. On or before the same day of the third, sixth, and ninth months following the effective date, Company paid the Commission on each such day the sum of $85,000.00. Before each anniversary of the effective date of the transfer during the term of the Franchise, the parties shall determine an amount to be paid by Company to the Commission, in four equal installments on the anniversaries of the dates on which payments were made under the preceding sentences. This amount shall be equal to the entire sum paid by Company to the Commission pursuant to this Section B(1) and (2) in the 43 twelve (12) months preceding such anniversary date (the "Annual Contribution "), increased by: 1. the greater of: (a) six percent (6 %) of the Annual Contribution, or (b) the percentage increase in the Consumer Price Index (All Urban Consumers, All Items, Minneapolis -St. Paul, 1982 -84 = 100), for the year ending December 31 prior to the anniversary date for which the calculation is being made (the "Base Year "), as compared to the Consumer Price Index for the year ending December 31 immediately preceding the Base Year (if the frequency of publication of the Consumer Price Index is changed so that it is not available to make the annual adjustment, the adjustment shall be based on a comparable Consumer Price Index); and by 2. a sum equal to two- tenths of one percent (.2 %) of the Annual Contribution, for each percent that Gross Revenues in the Base Year increase by more than seven percent (7%) through twelve percent (12%) (rounding to the nearest whole number) over the preceding year's Gross Revenues, and one -tenth of one - percent (.1 %) of the Annual Contribution for each percent that Gross Revenues in the Base Year increase by more than twelve percent (12 %) (rounding to the nearest whole number) over the preceding year's Gross Revenues. The payments required under this subparagraph B shall be made during the entire term of the Franchise. C. In the event Company fails to timely remit any required payment, such failure shall constitute a default under the Franchise and Grantor shall be entitled to 44 exercise any and all available remedies, including, but not limited to, recovery from the bond, the Security Fund, and recovery of liquidated damages all pursuant to .the Franchise. D. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that the payments made by Company pursuant to this Section do not constitute Franchise fee payments under Section 622 of the Federal Cable Communications Act of 1984. 8.03 Bonds. A. At the time the Franchise becomes effective and at all times thereafter, until Company has liquidated all of its obligations with Grantor, Company shall furnish and file with Grantor a performance and payment bond, or a performance and payment bond together with such other security as is approved by Grantor. The bond shall name Grantor in the penal sum of an amount equal to the estimated construction cost of the System or such lesser amount as Commission, in its sole discretion, determines necessary to adequately assure the construction of the System as contemplated herein. Commission has determined that Five Hundred Thousand and 00 /100 Dollars ($500,000.00) is reasonable. The bond shall be conditioned upon the faithful performance of Company of all the terms and conditions of the Franchise. The rights reserved by Commission with respect to the bond or other security are in addition to all other rights Commission may have under the Franchise or any other law. 45 8.04 S ecurily Fund A. At the time of acceptance, Company shall deposit into a bank account established by Commission and maintain on deposit through the term of the Franchise, the sum of Twenty -Five Thousand and 00 /100 Dollars ($25,000.00) as security for the faithful. performance by it of all the provisions of the Franchise, and compliance with all orders, permits and directions of Grantor and Commission, and the payment by Company of any claim, liens and taxes due Commission or Grantor which arise by reason of the construction, operation or maintenance of the System. Interest accrued on this deposit shall be distributed to Company at the end of the year. Provision shall be made to permit the Grantor or Commission to withdraw funds from the security fund. Company shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. B. Within thirty (30) days after notice to it that any amount has been withdrawn by Grantor or Commission from the security fund pursuant to subdivision (A) of this section, Company shall deposit a sum of money sufficient to restore such security fund to the original amount. C. If Company fails, after ten (10) days notice, to pay to Grantor any taxes due and unpaid; or, fails to repay to Grantor within such ten (10) days, any damages, costs or expenses which Grantor or Commission shall be compelled to pay by reason of any act or default of Company in connection with the Franchise; or fails, after thirty (30) days notice of such failure by Grantor or Commission, to 46 comply with any provision of the Franchise which Commission reasonably determines can be remedied by an expenditure of the, security, Grantor or Commission may immediately withdraw the amount thereof, with interest and any damages, from the security fund. Upon such withdrawal, Grantor or Commission shall notify Company of the amount and date thereof. 8.05 Liquidated Damages from Security Fund In addition to recovery of any monies owed by Company to Grantor or Commission or damages, or any other remedies, as a result of any acts or. omissions by Company pursuant to the Franchise, Grantor or Commission or its delegate may charge to and collect from the Security Fund the following liquidated damages: A. For failure to complete System construction in accordance with Company's proposal, unless Grantor or Commission approves the delay, the amount shall be Four Hundred Dollars ($400.00) per day. B. For failure to meet conditions of Grantor permits to disturb the streets, the amount shall be Fifty Dollars ($50.00) per day. C. For failure of Company to comply with construction, operation or maintenance standards, the amount shall be One Hundred Dollars ($100.00) per day. D. For failure to provide the service Company has proposed, the amount shall be One Hundred Dollars ($100.00) per day. E. For failure to test, analyze and report on the performance of the System following a request by the Grantor or Commission, amount shall be One Hundred Dollars ($100.00) per day. 47 F. For failure by Company to modify the System or to provide additional services within thirty (30) days after required by Grantor or Commission following a periodic review or renegotiation session the amount shall be Two Hundred Dollars ($200.00) per day. G. For failure to provide data, documents, reports or information or to cooperate with the Grantor or Commission during an application process or System review, the amount shall be One Hundred Dollars ($100.00) per day. H. For failure to comply with any of the provisions of the Franchise for which an amount is not otherwise specifically provided pursuant to this section, the amount shall be One Hundred Dollars ($100.00) per day. I. Each violation of any provision of the Franchise shall be considered a separate violation for which a separate remedy can be imposed. 8.06 Relation to Other Remedies Exclusive of the liquidated damages above, a violation of any provision of the Franchise shall be considered a separate violation for which a separate remedy may be imposed. 8.07 Procedure Whenever Grantor or Commission finds that Company has violated one (1) or more terms, conditions or . provisions of the Franchise, a written notice shall be given to Company informing it of such violation. Company shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before Grantor or Commission shall resort to the Security Fund. Company may notify the entity from which it received notice, within fifteen (15) days of notice, that there is a dispute as to whether a violation or failure has, in fact, � s • occurred. Such notice shall stay the running of the above described thirty (30) day period and such notice shall specify with particularity the matters disputed by Company. A. The complaining entity shall hear Company's dispute at its next regularly scheduled meeting. Said entity shall supplement the decision with written findings of fact. B. If after hearing the dispute the claim is upheld, Company shall have thirty (30) days from such a determination to remedy the violation or failure. At any time after that thirty (30) day period, the complaining entity may draw from the security fund all liquidated damages due it, unless within ten (10) days thereafter Company notifies it of an election to proceed to arbitration as set forth in Section 12 of this Agreement. Liquidated damages shall accrue from the date the entity is entitled to draw upon the security fund as determined by the arbitrator. In, the event an arbitrator determines that Company disputed the determination in bad faith, the liquidated damages shall accrue from the date Company notified the entity that a dispute existed as to whether a violation or failure had occurred. C. The Security Fund deposited pursuant to this section shall become the property of Grantor in proportion to its membership in Commission in the event that the Franchise is canceled by reason of the default of Company or revoked for cause. Company, however, shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration of the term of the Franchise, or upon termination of the Franchise at an earlier date, provided that there is then no outstanding default on the part of Company. 49 D. The rights reserved. to Grantor and Commission with respect to the security fund are in addition to all other rights of Grantor and Commission, whether reserved by the Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right Grantor or Commission may have. E. Grantor reserves the right, in its sole discretion, to reward Company for prompt and good performance in the upgrading of and maintenance and operation of the System. Grantor may rebate to Company all or any portion of the principal in the security fund because of early completion or the upgrading of the System and for such other reasons as may be determined, based on the periodic evaluation specified in this Agreement or at any time determined by Grantor. 8.08 Damages and Defense A. Company shall hold harmless Commission and Grantor for all damages and penalties as a result of the exercise of the Franchise. These damages and penalties shall include, but shall not be limited to, damages arising out of copyright infringement, defamation and all other damages arising out of the construction, operation, maintenance or reconstruction of the System authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by the Franchise. B. Company shall pay all expenses incurred by Commission or Grantor in defending itself with regard to all damages and penalties mentioned in the paragraph above. These expenses shall include all out -of- pocket expenses, such as attorneys' fees, 50 and shall also include the reasonable value of any services rendered by any employees of Grantor or Commission. Company may, in its sole discretion, assume defense on behalf of Commission or Grantor. 8.09 Liabiliry Insurance and Indemnification A. Company shall maintain, throughout the term of the Franchise, liability insurance insuring Company, the Commission and Grantor with regard to all damages mentioned in paragraph A of the section entitled "Damages and Defense" above, in the minimum amounts of: $500,000 for bodily injury or death resulting from any one accident; $2,000,000 for bodily injury or death resulting from any one accident; $500,000 for all other types of liability. B. At time of acceptance, Company shall furnish Grantor a certificate that a satisfactory insurance policy has been obtained. Such insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with Grantor. 8.10 Research and Development Grant Company shall, through a research and development grant of Ten Thousand Dollars ($10,000.00), work with the North St. Paul municipal utility service in conducting experiments in peak load management and in meter reading for electricity and water. SECTION 9. RATE AND FEE SETTING 9.01 Rate Changes A. There shall be uniform rates for all residential subscribers located within the Initial Service Area as defined herein. There shall be no discounted service rates 51 for any classes of residential subscribers such as seniors, handicapped,. or to meet competition from other telecommunications media, without Grantor approval. B. Except as provided in Company's Offering, there shall be no monthly service charge for subscriber and any Institutional Network services except for pay services to public and non - public schools, libraries and primary government facilities and the installation and provision of any necessary converters shall be at cost. C. Should federal rate regulatory authority be repealed, the following shall apply: Company shall notify Grantor of the need for any rate change and the proposed change. After receipt of the notice, Grantor shall have forty -five (45) days within which to notify Company that further review of the proposed change is necessary. If Grantor does not so notify Company, the rate change may be implemented. D. If Grantor review is deemed necessary, no revision shall be approved unless all of the standards and prerequisites for revision have been met and complied with and determinations have been made, all pursuant to this section. E. The standards for granting a revision will include at least the following: 1. The ability of Company to render System services and to derive a reasonable profit therefrom under the existing rate schedule and proposed rate schedule. 2. The revenues and profits derived from System services. 3. The efficiency of Company. 52 4. The quality of the service offered by Company as indicated by the number and type of service complaints, Company's response to complaints, and the result of periodic performance tests. 5. A fair rate of return on net investment. 6 A fair rate of return with respect to investments having similar risks to that of providing cable communication services. 7. The extent to which Company has adhered to the terms of this Franchise. 8. Fairness to residents and subscribers. 9. Capital expenditures by Company in providing updated technology and service to subscribers. 10. Company's performance in support of community access. 11. In any proceeding, Grantor may exclude from the accounts of Company any payment or compensation to any parent corporation or an affiliated interest for any services rendered or property or service furnished unless Company shall establish the reasonableness of such payment or compensation. In such proceeding, Commission shall disallow such payment or compensation, in whole or in part, in the absence of satisfactory proof that it is reasonable in amount. In such proceeding, any payment or compensation may be disapproved or disallowed by Grantor in whole or in part, unless satisfactory proof is submitted to Grantor of the cost to any parent affiliated interest of rendering the service or furnishing the property or service. 53 12. Such other factors as Grantor or Company may deem relevant. F. The procedures to be followed in revising the rate schedule where review is deemed necessary shall include at least the following: 1. A proposal for a rate change will be submitted to Grantor. 2. The proposal shall be supported by statistical and other proof indicating that the existing rate or charge is inadequate and unreasonable and that the proposed changes are required and will enable Company to render service, to fulfill its obligations under the Franchise and to derive a reasonable profit therefrom. 3. The proposal shall include (or Company shall provide at the request of Grantor) current information and financial information with at least .the following from Company or any parent company concerning the cost of serving the rate territory: a. Balance sheet; b. Income statement; C. Statement of sources and applications of funds; d. Detailed supporting schedules of expenses, income, assets and other items as may be required by Grantor; e. Statement of current and projected subscribers; f. A current list of rates and charges of Company applicable to its System or owned or operated by its parent corporation or other subsidiaries or affiliates of its parent corporation. 54 g. A current list of rates and charges for other systems in the Twin Cities Metropolitan Urban Service. Area line as determined by the Metropolitan Council. h. Records regarding all System equipment, operations, personnel and related expenses that are shared among other Company systems. 4. Grantor will notify Company and schedule a public hearing on the request within six (6) weeks from the date of receipt of the application and the determination by Grantor of its completeness. Grantor may extend time for receipt of evidence and hiring and reporting of a consultant for a period of up to 4 months. Company will notify the public through providing notice for one (1) week, each day between 7:00 p.m. and 9:00 p.m. on two (2) channels of System regularly viewed on all levels of service, of the date, place and time of the hearing. Grantor will publish notice ten (10) days prior to hearing in its official newspapers. 5. After closing the public hearing, Grantor will have sixty (60) days within which to make its determination or the rate shall be deemed approved. Any approved revision in rate or schedule shall become effective upon the date determined by Grantor. G. Grantor may utilize a rate consultant to advise it on proposed revision and to assist it in maintaining uniform rates within the service territory. Grantor shall seek input from Company in selecting such consultant. Grantor shall have sole 55 discretion in selecting a consultant to properly evaluate and analyze rates and charges for a reasonable cost. H . All costs for the review of an application for a revision of the rate schedule shall be paid by Company upon demand of Grantor. The cost shall include, but not be limited to, attorneys' fees, and the reasonable value of services (as determined by Grantor) rendered by Grantor or any of Grantor's employee agents or representatives. I. Notwithstanding anything to the contrary, if Grantor does not act upon a rate change request of Company within one hundred and fifty (150) days of Grantor determination that further review is necessary, Company may implement the rate change. Any time limit may be waived only if Grantor and Company consent. 9.02 Re�u,_lat„.y Authority Reserved Nothing, herein or within the Franchise shall limit the authority of the Grantor to .regulate any rate when such regulation is not specifically prohibited or preempted by federal or state law or regulation. SECTION 10. FORECLOSURE AND RECEIVERSHIP 10.01 Foreclosure Upon the foreclosure or other judicial sale of all or a part of System, or upon the termination of any lease covering all or part of System, Company shall notify Grantor of such fact and such notification shall be treated as a notification that a change in control of Company has taken place, and the provisions of the Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 56 10 02 Receivership Grantor shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Company, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: A. Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of the Franchise and remedied all defaults thereunder; and B. Such receiver or trustee, within said one hundred twenty (120) days, shall have executed an agreement duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the Franchise. SECTION 11. REMOVAL AND PURCHASE 11.01 Removal After Revocation A. At the expiration of the term for which the Franchise is granted, or upon its termination, as provided for, Grantor shall have the right to require Company to remove, at Company's expense, all or any portion of System from all streets and public proper within the Franchise area. In so removin System, Company shall refill and compact at its own expense, any excavation that shall be made and shall leave all streets and public property and private property in as good a condition as that prevailing prior to Company's removal of System, and without affecting, altering or disturbing in any way electric, telephone or utility, cables, wires or 57 attachments. Grantee, or its designee, shall have the right to inspect and approve the condition of streets and public property after removal. The Security Fund, Bonds, Insurance, Indemnity and Liquidated provision of the Franchise shall remain in full force and effect during the entire term of removal. B. If, in the sole discretion of Grantor, Company has failed to commence removal of System, such part thereof as was designated within thirty days after written notice of Grantor's demand removal is given, or if Company has failed to complete such removal within one (1) year after written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise one of the following options: 1. Declare all right, title and interest to System to be in Grantor or its delegator with all rights of ownership including, but not limited to, the right to operate System or transfer System to another for operation by it. 2. Declare System abandoned and cause System, or such part thereof as the Grantor shall designate, to be removed at no cost to Grantor. The cost of said removal shall be recoverable from the Security Fund, Bonds, Indemnity and Liquidated Damages section provided for in the Franchise, or from Company directly as a liquidated damage. 11.02 Grantor's Right to Purchase System A. Grantor shall be entitled to a right of first refusal of any bona fide offer to purchase System made to Company. Bona fide as used in this section means an M offer received by Company that it intends to accept. In any event the price shall be current market value or bona fide offer, whichever is less. 11.03 Procedures In the event Grantor elects to exercise its right to purchase System as provided in this section, the following shall then apply: A. Grantor and Company shall negotiate all terms and conditions of the purchase of System. B. If Grantor and Company cannot agree upon the terms and conditions of the purchase, Grantor shall have the right to proceed to arbitration as set forth in this Agreement. C. Company expressly waives its rights, if any, to. relocation costs that might otherwise be provided by lave. D. The date of valuation shall be no earlier than the day following the date of revocation, forfeiture, expiration or termination of the Franchise and no later than the date Grantor makes a written offer for System. 11.04 General Purchase Provisions A. Grantor may, upon the payment of a fair valuation, purchase, take over and hold the property and plant of Company in whole or in part in the following circumstances: 1. If such purchase or taking over be at the expiration of the Franchise, such valuation shall be at fair market value, exclusive of the value attributed to the Franchise itself. 59 2. If such purchase or tag over be at the revocation of the Franchise, such valuation shall be at book value of :initial cost less accumulated depreciation. B. In the event of any dispute, the arbitration * set forth in this Agreement shall be followed. C. In no event shall any valuation upon the purchase at expiration or revocation be given to the Franchise. SECTION 12. ARBITRATION 12.01 Procedures Applicable to Arbitration Except as otherwise provided in this Franchise Agreement, the Grantor or Company, when dissatisfied with the resolution of any dispute arising from the Franchise or this Agreement, may appeal the matter to arbitration -for hearing and final determination as follows,: A. Arbitration shall commence and proceed according to applicable Minnesota law except as follows: 1. The parties each shall, within fifteen (15) days of the decision to proceed to arbitration, appoint one (1) arbitrator. Arbitrators shall each agree upon the selection of a third arbitrator, similarly qualified, within .fifteen (15) days after appointment of second arbitrator. 2. Within thirty (30) days after appointment of all arbitrators and upon ten (10) days written notice to parties, the arbitrators shall commence hearing on the dispute. .1 3. The hearing shall be recorded and may be transcribed at the request of either party. All hearing proceedings, debates and deliberations shall be open to the public and at such times and places as contained in the notice or a thereafter publicly stated in the order to adjourn. 4. At the close of the hearings and within thirty (30) days, the arbitrators shall prepare written findings and make a written decision agreed upon by a majority of the arbitrators which shall be served by mail upon Grantor and Company. 5. The decision of a majority of the arbitrators shall be binding upon both parties except that Grantor may, in its sole discretion and without any penalty or cost to Grantor of any kind, withdraw an offer to purchase the System within ninety (90) days of receipt of the final decision of a majority of the arbitrators, if the arbitration relates -to purchase by Grantor of System. 6. Either party may seek judicial relief to the extent authorized under Minnesota Statutes §§ 572.09 and 572.19 as the same may be amended, and, in addition, under the following circumstances: a. A party fails to select an arbitrator; b. The arbitrators fail to select a third arbitrator; C. one or more arbitrators is unqualified; d. "Designate" time limits have been exceeded; e. The arbitrators have not proceeded expeditiously, or 61 f. Based upon the record, the arbitrators abused their discretion. 70 In the event a Court of competent jurisdiction determines the arbitrators have abused their discretion, it may order the arbitration procedure repeated and issue findings, orders and directions, with costs of suit to be awarded to the prevailing party. 8. All costs of arbitration shall be borne equally unless otherwise ordered by the arbitrators. SECTION 13. MISCELLANEOUS PROVISIONS 13.01 Sale or Transfer of Franchise A. The Franchise shall not be sold, assigned or transferee, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this section. Any sale or transfer of the Franchise shall be subject to any applicable ownership and control limitations or prohibitions imposed by federal or state law. This section shall include sale or transfer of all or a majority of a corporation's assets, merger (including any parent and its subsidiary corporation), consolidation, creation of a subsidiary corporation or sale or transfer of stock in a corporation so as to create a new controlling interest in System. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. Cam► 1. The parties to the sale or transfer of the Franchise shall make a written request to Grantor for its approval of a sale or transfer of the Franchise. 2. Grantor shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on the subscribers. 3. If a public hearing is deemed necessary pursuant to (2) above, such hearing shall be conducted within thirty (30) days of such determination and notice of such public hearing shall be given pursuant to Board regulations. 4. Within thirty (30) days after the public hearing, Grantor shall approve or deny in writing the sale or transfer request. 5. Company, upon transfer, shall within sixty (60) days thereafter file with Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by Company. B. In reviewing a request for sale or transfer pursuant to section (A) above, Grantor may inquire into the qualifications of the prospective controlling parry, and Company shall assist Grantor in so inquiring. Grantor may condition said transfer upon such terms and conditions as it deems appropriate. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to the Franchise Ordinance and Agreement. 63 13.02 Continuity of Service. Mandat, ory It shall be the right of all subscribers to receive all available .services insofar as their financial and other obligations to Company are honored. In the event that Company elects to overbuild, rebuild, modify or sell the System, or Grantor revokes or fails to renew the Franchise, Company shall do everything in its power to assure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the Lifetime of the Franchise. In the event of purchase by Grantor or a change of companies, Company shall cooperate with Grantor to operate* the System for a temporary period, in maintaining continuity of service to all subscribers. 13.03 Work Performed by Others A. Company shall give notice to Grantor specifying the names and addresses of any other entity, other than Company, which performs services pursuant to the Franchise, provided, however, that all provisions of the Franchise remain the responsibility of Company. B. All provisions of the Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of the Franchise. 13.04 Interest Rate . For purposes of the Franchise, interest rate shall mean the highest interest charged from time to time by the First National Bank of St. Paul for ninety (90) day unsecured loans to commercial borrowers of the highest credit rating. 13.05 Su_ bsequ_ ent Action by. State or Federal Bodies A. It is the intent of the parties that the Offering of Company and all of the terms, conditions and obligations set forth in the Franchise or incorporated by reference therein shall be binding upon both parties for the full term of the Franchise, 64 unless due to court determination, federal or state law or regulation applicable to the Franchise, one (1) or more of the following conditions exist: I . Grantor or Company is specifically prohibited from performing any service set forth in the Franchise, or 2. Grantor or Company is specifically required to perform a service inconsistent with the Franchise, or 3. Grantor or Company is specifically prohibited from being subject to the regulatory standards of the Franchise. B. Grantor or Company reserves the right to revoke the Franchise and all rights and privileges of the Franchise, if the parties mutually agree that any of the conditions set forth in paragraph (A) constitute, at that time, a consideration material to the continuance of the Franchise. Such consent shall not be unreasonably withheld by either party. Any such revocation will occur only after following the procedures set forth in the Franchise applicable to revocation. C. Grantor and Company agree that either party may seek a ruling as to the applicability of any court determination, federal or state law or regulation to the terms of the Franchise. D. If any term, condition or provision of this Franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof 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 to be complied with. 13.06 No Recourse Against the Commission Company shall have no recourse whatsoever against Grantor or Commission or their officials, agents or employees for any loss, costs, expense or damage arising out of any provision or requirement of the Franchise or because of the enforcement of the Franchise. 13.07 Nonenforcement by Commission Company shall not be relieved of its obligations to comply with any of the provisions of the Franchise by reason of any failure of Grantor to enforce prompt compliance. 13.08 General Provision on Rights and Remedies A. All rights and remedies given to Grantor by the Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, now or hereafter available to Grantor, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by the 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 Grantor 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. No delay or omission of Grantor to exercise any right or remedy shall impair any such right or remedy, nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default. The exercise of any such right or remedy by Grantor shall not release Company from its obligations or any liability under the Franchise. .. B In addition to all other remedies granted or available to Grantor, it shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, by Company of any terms or provisions of the Franchise, or to a decree compelling performance by Company of any term or provision of the Franchise . C . To the extent any provision of the Offering is not specifically set out in the Franchise or not validly incorporated herein by reference, Grantor may from time to time amend the Franchise to include such provision effective as of the date of commencement of the Franchise term or adoption of the rule, whichever is later. Company, by acceptance of the Franchise, consents to and agrees to be bound by any such amendments. D . This Agreement is entered into in good faith and the parties hereto have read, understood and agreed to all the terms and conditions herein. Both parties believe that the terms and conditions herein are not unreasonable or arbitrary and that each party has the power to agree to the terms and conditions herein. E. In case of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of the Franchise, the parties agree to negotiate s in good faith to resolve such dispute or question. F. Grantor reserves the right to delegate and redelegate from time to time any of its rights or obligations under the Franchise to any body or organization. Any delegation by Grantor shall be effective upon written notice by Grantor to Company of such delegation. Upon receipt of notice by Company of Grantor's delegation, Company shall be bound by all terms and conditions of the delegation 67 not in conflict with the Franchise. Any such delegation, revocation or redelegation, no matter how often made, shall not be deemed an amendment to the Franchise or require any consent of Company. 13.09 Siena. 1 Qualitv The System shall produce a picture upon each subscriber's television screen in black and white or color, depending upon whether color is being telecast and provided the subscriber's television set is capable of producing a color picture, that is materially undistorted and materially free from ghost images, without material degradation of color fidelity. System shall produce a sound that is materially undistorted on any working receiver of a. subscriber. Company, at its expense, shall install and maintain System so as not to interfere with any subscriber's receipt of local broadcast stations. This Agreement is accepted, and we agree to be bound by all its terms and conditions. Municipality of DATE: DATE: By Its Group W Cable of Ramsey /Washington, Inc., d /b /a Meredith Cable By Its .. 05/14/92 561Z124 -- EXHIBIT A TO FRANCHISE AGREEMENT AMENDMENT .SCHEDULE OF I /NET EQUIPMENT LOCATION • r� r r r� r r� r r r- ITEM r- r--- r- r- r r .rr r r r r r r r r r r r r r r r� r r r r r r MANUF. r ...r r r r� r� r� r r MODEL QTY. 5 /N! r PRICE AGE u8L H.E. FRAME: SER. TO PAR. CARD r rr r� DI-TECH r r r r rr r r r r r r r r r r -r r r r r r r r r r r- rr r r- 10.1/584 -- 1 r-- r r� r�-� r----�--�- -.-- - S1,540 w8L H.E. MODEM _ C-COR 1130 1 $450 USL H.E. X-Y PANEL DI-TECH 4730IF 1 241 $21070 H.E. IF 5WITCHERS TELE ENG. PVS-SW-20M 2 $23,200 $4 $27,260 $6,315 S450 $ 23.200 LOCATION ITEM MAHUF. MODEL 0TY. S /N! PRICE AGE OAK H.E. FRAME: PAR. 10 SER. CARD DI -TECH 101/586 I ----------------- 11,540 OAK H.E. MODEM C-COR 7130 1 s4 50 OAK H X -Y PANEL DI-TECH 9730IF I $2,010 H. E. - IF SUI TCHERS TELE ENG . PYS- SW -20M 2 $23,200 sa $27,260 56,815 5 4 50 $ 23 , 200 OAK H.E. Audio -Video Switcher DI -TECH 5841 (video frame) (quantity one i f rame) � q y � (40 x 15) 5842 (audio 3346 (Acopian power supply) Di -Tech fan assembly (no #) 9740 (remote control panel) MMBIT B OO mm I ss " roAJ I rA3 s4; 4-u+i' A Q e s a� 'oil i � f 410 �Ula4 o r 11 eO LiAJ _ lec + rON /Cs 00mea#-j �es�ows� /: CO mm 15.S1 o4 kerowsi if D-r / TC p C o me utzr (Afli6fer OwArol) ZP Sw* +c ker =F S w 4Cke r WSL T Pro a e ss 1 00 I a c +ro,) / C s --- V, c. S as � Proc e s:r I, Kie Proc essor '2• - 1nocl IF M lei , 19. _ 9 fle• lrjocp��n'f'ar 3. T� Oo- I'1'►oc,Q�Ea { or -1 • Z1 -Nest' McJutn.+or 4. T- Ne4 Inodv io4a r U)N T *rE BEAQ LA 4eF 04 FDA L F HEADENp HE- AvJ'�-Al0 �On� Q�1 Kew O�JSi b��►�- Copj vor+ Com ? oAj y Q QSp oNS 1 b;t; . y L oc . . �) r 4 t7 .. n Tr- Cc rn i(IAi /..�.uS"'t �'v' - IDr� KL�r �� �� 1 r �� 05/14/92 561ZI24 __ - E3IBIT C TO FRANCHISE AGREEMENT AMENDMENT SCHEDULE OF EQUIPMENT DONATED TO INSTITUTIONS i .1 t� C� • • �• ,� RAMEY COUNTY LIBRARY (CONT) Al o D -� QUANTITY DESCRIPTION HMFACT0it - !tODEL ,- SLRIALf Q . 1 Video Cassette Recorder Panasonic • PV -1320 P3SA353 • • 3 19" Color TV Zenith Z -1990 391 -- 554 "° n - 1 391-5 40882 S t LD n► z 2 AC Cord Gra bet Y 100 FT j9Z-!j3jesZl - ; <4 4" -C D of r _ I the UndorsigmW roc�ivwd the equipp omt� bated &bow on • 2. e> g - : rn R " ve of XWWGY C.rnittty Llbrar .. W - f . r.• ' u 1 • R"veY County Lib rary yep =e.enr.ative - Gsarp K Cable, Inc. , Rapreeeutative,' A - . c� N ' A 1 (D � tU r ul i .1 t� C� • ,� • ' RAMSEY COMM LIBRARY 3 0 � ,, 19 c t. 0 D w I UAHTITY DESCRIPTION MANUPACTOR MODE. SCItIA1.0 3 z G Th t 0120 Y 18 9 lis Of equ .Vuent Is yet to b ro cetved by Grou p W Cable. a' r� trt Z S Co�aputors Apple Ile v /b4k w Q• - ;0 5 (keen - Hoat to r Ap ple PP III N -c; D 5 Disk drive a /commaller Apple W rr osCx 5 - DUk drive w/o cantrall:er Apple crQSC'I R 5 l�oaitor S tasd A pp - - m c� 5 80 colo= aad ext dad N -� wa�osy card Apple ., « 5 Printer Rpson R 11 - - 5 Interface and Cable Apple Micro tac 5 oden tie K II j 3 � 5 Trai.eiayl Peck Apple .111a Cdex - - N • • - � �• • • •• • . • . ..�. _ -_ - . - - -. _ . .i+r.+. _- • -.._ -. .i -.. . ter. _ - ..:: .- - I the Undersigned received the eq uipmmt, listed above on NEW (date), an a •� ' ieptil��lt� Va Of Washis t' County Ts�bYSYys l) • 1 � ... V-ft 111 ►-+ t i V, - - oup W Cable, lac. , Repreeentative `o,. LIbaca Re prosentativs �s 19 • tf • till s� w B3D2 B 303886 3 3 B3C388616 B3C389 709 5 Disk system U-SC l Stendun Controls A -2 NS-5563 (Without Coatroi Card) NS-5014 0 PS -J056 NS -0981 _ - HASf RJMSkY COUNTY LIBRARY PAGE I OF 2 (Kith Coutrol Card) N53933 APPLE COMPUTER BARIDUA tE NS5609 0 NS8390 NS1 158 r, 4M)143928 488143463 ' RUANTITY DESCRIPT10H HANUFACTOk HdDBL S ERIAL 40O014 346 5 D r S Apple II a Cm'p 2S206 ri Apple uter , Inc. Iwa. D4201 JlA292064 o ,: V4201U9A2S2e64 = U4200WA2S2064 m D4 205 70A2S2064 m , D42068RA2S2U64 E - 5 monitor 'Apple C wputer, lac. A3HD039 B3G38 199U m W -J cn . cn ra IF) - o Un �x.v left t fJf u� tv t .t f�. It ,� i r,. f • 't tti (7 t .. B3D2 B 303886 3 3 B3C388616 B3C389 709 5 Disk system U-SC l Stendun Controls A -2 NS-5563 (Without Coatroi Card) NS-5014 PS -J056 NS -0981 _ - NS- -0705 5 Disk Sys teat U--SCI Standun Controls A -2 NS08 78 (Kith Coutrol Card) N53933 NS5609 NS8390 NS1 158 5 Nlc. to Roden Ile Itayes 08- 4M)143928 488143463 4143464 48M 14 3960 40O014 346 5 �x.v left t fJf u� tv t .t f�. It ,� i r,. f • 't tti (7 t .. ;• 3 C - m Z 33 0 T m m th - m w N V 1 r�n W w w W r m MASTF.k RAMSEY COUNTY LIBRARY APPLE CotWUTP.R HARi1KARR Qurrc� DESCRIPTION HAWFACTUR Apple iI Monitor Stand Apple Compater, Inc. 5 Printer 5 Printer ]Interface Card Spoon Microtek, Inc A2Maz60 Rx -8vFIr Clone None ftu e 'None lkwe 358129 342474 358122 358128 358127 RV -611c Hone Rom None PACE 2 OF 2 !!UDEL SERIAL DESCRIPTION Color Caaera .`. .- -+.� .mow �_.�� Viewf iuder _ _ - --- - -- -_ - --. - - - - - - - -- • _ Lane IOXI , , Tripod Adaptor 1 Camera AC Paver Cmara matter�r -` QUANTITY zat terT SERIAL# • �WW' Set. i Camera Ra ttery Char � Vouldirectiooel Ric • Computers Apple Kiodscreou VT1 Cabl �keeu "Oultor Apple Read Tripod / Dolly _ &A!; Beadle - - '� A ; �- Lisbtlelt .,._ S Woaltor Stead Apple Videotape Rec AC Adaptor rTK 60 column ,ead ext Bettery Etactet Kie rjopbose mixer awwwry card APPS Eorteble Color ?jonit Mo dtor Aatteiy printer s pace t the Vckder LVrwd re ce ivied , the e rap totativ o Wael�io� ton Coe R1n �.��..r..�. �`e.•�f« T 7 (tire "r ltarrr .J' •. a_.A .`. .- -+.� .mow �_.�� -- - - .f -- / -_��� -��. - - • --.. �.r.. �. _ _ _ - --- - -- -_ - --. - - - - - - - -- • _ , , • 1 , l i `'I� CO NTT Ll BRA -` QUANTITY OtSCRIPYIUtN MMUPAMR SOON -M SERIAL# • The 90110 list of eguipaewt Is yet to be received by Group it Cable. • Computers Apple I..I• vj64k ' S �keeu "Oultor Apple III 5 auk drive wjcouttell" Apple Iiiccosf:t ' s ®irk drive w /o cov"011a r Apple 011�eoo0Cl S Woaltor Stead Apple S 60 column ,ead ext , awwwry card APPS S printer s pace 0z - 8(j 9" 5 Istoxfoca and Cable APPit Micro toe ' s - an • . Ha yes 1 Micro tI • s Traloing Pack AppL - - II• Wax I �•• s I the Usdereiped recr ft" %the equips"t listed shave, in a' tdate) . As A z=' represeata •• of VoWU too CauatT Library. ;r fvpil Libca.ry 1"ree*ntatire cup a Cable, Lnc. , Re presentative r 3 n 1 11NTtZ'Y D DESCRIPTION •' H HANUFACTOR NODtL S S E R I AIJ 1 C Colt Cane rn H Hitachi ' 2 Z 1 1 ' Vlewf iuder Hitachi • 2092365 • 1 1 G GH -313U 2 2090614 m C Less iOXI g g j i C6X20 1 141 423 . z I I T Tripod Adaptor - l liit�►dlti TA-10 2 2092495 3 1 1 C Cwwra AC Poser l lutschi A AP„ 60AD 2 2490910 1 C Comza Eete A Anus Dauer Drawls 2 o D .P�a�soa�ic 26(2.1. ' 2 2 ' 'idea! S WS - 4012 " "0 w� ar so am am w r M 73 ' Set � � MDR - SOT a w w o. � +r w l C Cerra Xattery Charger 0 01 c w.. . • t• g,0..1F 593 . Owuldiroctlowir Bltctro-- �taice . 835 8b29 , 6615 . Wind �scsooa Bl�ectr�v�ce I • w w . "r. 0 2 2 M Cable 16.5 �, " ltacbi C50-CE w_______ 2 Asa Qvickee'r 4- 72M2-,e 01845302 01845332 W 2 Tripod quiset 473010.7 Z Duo �.1�► Qulckeet 4- 46010 --4 Z R andle W Qui,ckeet 4-- 750814 � am r . 2 Light lel t Dell th9�tH 2 Video tope Re cordax Pane sonic 00 NY8420t F34BO1081 ` culto1302 % .� 2 AC Adaptor YTS Pa=ua - . c 11`1858 I3T!l�2372�i , R3"224 79 1 Battery Briclaet Anton Bauer C391 991 2 Microphone Muter Shure 2 portable Color KmItor Souk M67 so "0 rv"WOO 501963 502097 m 2 Monitor -Battery , 50 N aF BP80 021272, 021271 1 Colo= Csa�e�ra 1X12 Faasooaic %W -3404 39004105 1 AC Caesar• Adapto Panasonic WV --3203 3820 5680 t Calera Case Panasonic WV 6_OC25 39200341 L TARTAN HIGH SCHOOL 0 33 -4 C z 0 0 ril z -A ;U m I ! r 0 x m 0 Ca Flo _J to ro U/tN TITY DESCRIPTION MANUFACWR -MODEL SERICALI Color Camara Hitachi "10 2092361 viewfinder Hitachi. CH-38U 2090624 CUM Lane LOXI Yuji 66X20 141360 I Tripod Adaptor Nitachi TA 10 • 2092491 Caan AC Power KLt&cble AP-60AU 2090896 wo Cam-CA Batter Anton Imuer 22.7 a r"amonk 10*4812 GM Oft dMW SO Head Set Son =* 49T 41 J CAUCTra Batter Char Hitachi 20WIF 581 Sma own Kit Clue 60 SGK63071?S 35884 Lavalleje ftcrophmm Son scm--sops" 70886 Omtdiamtlouol Me KlectromVoica 635A 13630 Jk- Wind scrmn Kloctro-Voice 3149 00 00 Am dft VTR. Cable 6.51 Hitachi 0201 a-M. VTX Cable JL6951 Hitachi C501-CE Usad Quickset* 4-m72802-mg QUNt$265 Tripod %dckeet 4-73010-7 Doil Qnickaet - 4 76010-m-4 war a • Haidle quickeet, 4 4W 75081-6 Ll Lowell TI-94H Goo Videotape Recorder Panasonic MV8420P G38A0I972 AC Adaptor VTR Panasonic MB511 13YA24410 Batter 111racmt Anton Bauer C891 1000. • I the Vadersi received the e listed aba've on 2'-d / f ?�f (dnt*), as a repr tats of Tartan Hi School, Tartan iii & W_Sc1wvlMk_ presentative __ Ar Group V Cabl Inc. R k7 /V0 I- MAJff()MRI)T 11fm crnnm 0 C z 0 n m F 0 _J to 115 QUANTITY DESCRIPTEO" hAHUFACTOR MODEL S E R I A L I Color Camera ilitacJIL FPJO 2092358 Viewfinder Ultachi CX-m3BU 2090639 Lens 1M Fu G6Z2.0 141007 Tripod Adaptor Hitachi TAo*JLO *2091797 Camera Ac taver Hitachi AP-6"U 7090828 • 1 'Gomrs Batter Auten Dauer - Sony NP6-fie Y-10301 ••* Ilead Set Son MR0050T Cmem Batter Char Hitachi ISCOWIF 559 Sun Gun Kit cine 60 q SCX6307PS 35689 Uvalier Microphone Son ZCH.M5.0psw Z3874 A OmidirectiAma XLe ElectroasVoice 635A 0615 CID 0"0 WIndmereen Electra-Voice 314H 4r 'r VTR Cable 6.59 Hitachi C201m- CAA W VTR Cable 16 . 3 1 Hitachi C50IN-CAA Read Quicksa t 442502-8 01845297 Tripod QuickseL 443010-4 Dolly Quickset - 4 460104 me am an C. Quicse k t 4OW75081-06 1W _ _ _ : -Lightlelt Lowell TI-o-94H Videotape recorder Son VO4-4800 222671 Anton Dauer CB91 973 I the Undersi received the 6 t listed above, on Www t- (date as PKe a t present Ive f Hahtomedl Hi School. U t t amedi Ili Sc Sclsoal Representative 2 C ELM V a. up U CA RepresentLative • MARINER HICK S0100L 3 lw f3 t.. 5 N1 ,, QUANTITY I TY DESCRIPTION "ANU FACTOR D MODEL S gRtJ1[.r c . z 1 Color Camera Uit acht t Fir1Q 2092356 °r 1 View f.i.nder l[itachi a' tK--3BU 2090630 1 Lana luxi _ v j i ' _ XM 140905 - 'tripod l�daptor Hitachi TA l0 2092331 r Came AC Pour U Chi APw6OAU 200812 o - 1 -Zar wra Battery Biwer 244 _ . .1 m 1 V'ZR Rattan pauaeoalc w _ . t�S 2012 .._ m i • -Read not So � cn _ ny �.-50T 1 aw Qwe ra Battery Charger H i tsch i «. .. ;y 566 _. Z Sur Can Kit Clne 60 - SGC 35890 1 Lavalier Hicrophone Sony • ECG# -S OPSW 23 811 �- Onnidirectional . Mic Rlect ro- -Voice 635A 0630 1 + Ni�d screen _ . ' Btec tro�- �Ioice 3149 Ea .... w w 1 VTR Cable 6. S I t i N C201-cz dub 1 VTR Cab le 16.5 4 5#A# 1301 -CE no .. w .. n 1 Nand Q uickset . _ a )28024 0184 5329 ,. I Tripod Quickeat • 4 .. _ am •. -. of. • m l - Dolly � . W *A Qu�.cl�ce 4- 76010 -4 OW Ima OW OW CD • 4 R andle Quicken t - 4.1s061 --6 1 Lig)it it Lowell TI --94H w w { i Videotape Recorder panasatf c ' NY842OP ""DO0936 ° AC Adaptor YTR Pernaeo ' m n c NV85 I3YA23287 � r -� -•� Darters Bracket Anton Bauer 91 9 81 I the Undereighed received the equipment, listed above on 20 an a re resentative of Mariner Ugh School. (date), 8 1. v . uJ L� .'Nay ner 11ig1 St.4lO 1 Repre9entative G &64 W Ca _ nom Rrlrnrn.,A►,1 T _ - ;U 1. L ` ITE BEAR HICI! SCHOOL o r q UANTITY DRS CRrPTICN FIANUFACTQ ERIA" I C Z 1 Color Caaer4a tl itact�i o , AG >4, F2'10 2121969 i Viewfinder ' H itachi ' • CH-m3BU r 2120908 M i Leas 1{X.1 Fuj s z G -6X20 ' =� �' . ° I Tripod Ads o 141383 Adaptor Hita TJI • i� Camara* At Pamr. • . Hita - 2092534 i Jam' -06"U ' .��?,� • ��'" Ca�er�t. SMtte Z1QIi13z • 1 � Anton sir �.� z � �d.r M 1 VTR Bat Panasonic LCS- -2012, . bd .,'tt .�.► ...• dead se t -- `1 S ony MR-"50T Canera BatteVy Charger 111tac bi BC-*IF Sun Cuu lCic Clue 60 << SCK6307FS S 3 l •� . �- 1 Layallor Mono p bone 5 891 c -. RCM -SOpSK 2 �► vu 1 Osmidirectironal 3819 Siectro -Voice 635A - � ?. o0 1 �ilndacreen 8b29 �" elect ra- wroice 314 E s�. do 1 - W - VT R Cable 6.5' ao i J 0201 -CR ` 1 VTR Cable 160,5' w - a C501 --CE Head 10 ickseC 4- 71802 -8 Tripod Quic 01845330 4 -a-73010--4 . holly ' ucset 06 4-46010-4 � ik i dandle QuIcks 4-- 75081 - 6 • `�� 1 Ligtttleit ago Lowell ' 1 3. d t TI-94M am • VIdee tape r e c order Panasonic � 1 - uo � -6420P F311BOO925 ` • � Ly m AC Adaptor V'o'lt Panasonic , � 58 z3YA233. �. ' do 1 ... Batted Bracket 5 Anton Sneer CB91 +� G , �` f�.�c� 9 )1 , .4 t_ 11 the Unders igned r eceived the equipawn t listed above, on � �- ., representative of White Sear Bi _ (date) . as a r - High School. tin 'Afr 25 E W Ite 8enr l al n v.%WI - Wt-4N' I 2 t Reor _ _ _ ..r HILL- -HURMY HIGH SCHOOL - 14!5 3 C z 0 rn z 0 M v M ro G) M to M • � 2UAKTITT DESCRI MMUPACTOR MODEL S Co lor Came Hita " 10 2111984 Yiexf lade Hitachi {#! -3BV 2111155 � A. Less 1OX1 Pvj t c6x20 141285 �. Tripod Adaptor Hitachi TA -10 2092550 �; .t Camera AC Power fiitachl /!I' -�A� - Z100l83 C Battery .!Boon Sager gas 1, 1 fTR ttesy ranaaeaft • LO-02012 _ _ Oft 00 1 Bead Set , - Sony .., ft7 1 . Cma Hettery Cha =ser Hitachi gC-lp 570 cr San Can KILL . Cine 60 SCK6307PS 35886 - - 1 LaYslier !mi crophone Sofa «• r Eta - •SOLI 21646 - - 1 Owrtidirectional "Le Electre�-Yolce • 635 8630 • ... Wi�rd ecru EZec t ro -voiOe 314 E - - .. w me - 1 Cable 69511 i C201 - C8 - . - .. VTIK Cable 1695' 1 Heaa C301-CE Tripod +� kse t 44- 7280Z.4 1083504 1 .J ckee 4- 73010 -7 .. _ _ Dolly Quickset • 4-- 75010 -4 . - Handle Quickee 4 =45061*4 <.. .. 1 Ugntleit lowel,l TT 94H _ .. - A videotape Recorder Panasonic Nv8420? 03Ms00707 � • 1 AC Adeptor VTR Panassonlc NV R5 13TA24403 "• to .L s battery bracket !Anton Dauer M01 TV . g86 I the Undersigned received the equipment, listed above oIt a representative of 11111- Murray High School. • - (date), as AA A Od A /JO- T'o rAr .. Hill--Muir g1f Sch l Representative Grou CAh1e� ne.. a ra8entat ve ..w 5 NORTH H ICK SCHOOL • 0 3 c� D C z M z 33 r 0 M X m w N 0 m N to - o m U) UNITY DESCRIPTION M1lNUFACTOR MODEL S EMLf c ' ,I Color Crwara .. Hitachi PP10 �� . 2121983 1 �1id�tf i�der Hitachi Ot"3BU •' 2111161 a. • 1 Lou$ 1OXi .Yuji G6x30 . 141190 o 1 Tripod Adaptor Hitachi. '- . TA -LQ 2092548 , . • 1 ,, Camera AC Power Hitachi .AF GO AV 2 100976 I Caisr Bat teu Anton Rojer I!!' —IG 2 =3. 2012 w w w .•. 't _ . Read set- _ • • Sony R + + w .. tt t 1 . C=wra Battery C ha r ger ., rr xit acbi sC--2F 594 - u. l Su Gun Xit Ciao 60 SGK630 7PS _ l Lavaller Ificrophone Sony EC*- 54PSW 22366 v Owald.lract local hi c . E 1e� t xo- -Voice 6 35l� 8630 s VbWercreau 81ect ro -voice 314E + • o Cable 6.5' •i 201 +CR w r .. w + ! J► R Cable 16 * 5' . WV O "C w on w w► • 1 Read iC a t 4- 72802 -8 DILS45325 Tripod quiclw*t 4-73010 ; 1 Dolly q w 4 76010"*4 .. _ .. 3 Dandle Quickset 4- 75081 -6 - ...... . Z Light left Lauell • T 9 TI 94M ...... Videotape recorder Panasonic MY -8420P FU R01035 8K01035 AC. Adaptor M Panaaonic - BS 8 13W3�491 ' °; .•Ba Bracke !Anton Bauer 0891 975 I the Undersigned received the equipment. 1 ie t ed above, on -- .2& ` (date) as a representative of Mortit Xigh School. 0 -� Wrth High SOW01 Reprgf Gv6 urW , Cab! e, Inc. Regtzeentetive - o 1 tars Hattw7 Aatve IA rer ' - 10 w '� _ - rt RAMS EY C0lfM LIBRARY paa�rsoay,c -- 012 UC�i Z . o 00 C.. ...• Read Se t S on SOT ••• u Q� En 2UANTITIr DESCRIPTION ' MANUFACTOR llnQ L E SERIAU w c 1 Color Comars . ' Hitachi Fels 209Z365 o i Yiewf index Hitachi CH --313U 2090614 � Lens 10X1 Fuj C6120 1 41423 �' M � 1 Tripod Adaptor Hitachi TA--10 20924 0184530Z 01045331 1 C amera AC Power Hitachi -6oa�t 2090910 �. r' r 2 dolly. Quickaet 4- 76010-4 - o 1 tars Hattw7 Aatve IA rer ' - 10 266.1 WAX Unary paa�rsoay,c -- 012 UC�i Z � - .......... .. Z ...• Read Se t S on SOT ••• u Q� En 1 1 .00 Camera Battery CbarBer Hitachi. W4F .. « w M dNW n , 593 Z Onnldire cti o c Ilec t ro"Volee e35A �. --' 6629 8615 _ 2 .. Wind screen Ilectro- -voice 3148 61 2 Cable 16.51 S41;H 0501 -C8 _ .- .. __......... 2 Nead Quickeet 2 6 0184530Z 01045331 Z Tripod quickeet - 4-43 �� �� O� -no A � . � 2 dolly. Quickaet 4- 76010-4 2 Randle Quickee t 6- )5081 -4 cn 2 Lightleit Lowell TI - 94H _ _ .... A M m .. 2 Videotape Recorder Panasonic . V N 8+i20P 1 FABOI081 « C_ 31W13e m 2 AC Adaptor VTX Panasonic - - S8 I3TA23724 , H3Y11Z24? � J 1 . Bracket Anton Bauer C891 991 2 Hicrophone NUer Shu M6 ---- -_..__ Z portable Color Monitor Sony PVl180p0 _f 5014163, 502097 m Z Monitor - Battery Sony 021272 021271 1 Color Camera 1 panaeoai Yt1V_3400 3930 w 1 AC Camera Adopter Panasonic MV --3203 . 3824,. S6H0 1 Camera Case Panasonic i+Iv -CC25 39200341 ... RANSET COUNTY LIBRARY (CON T) VC L , b� .� ► 1p i Q UANTITY DESCRIPTION MODEL, SERIAL# It.o e 1 Video Cassette Recorde p #a+�saAie M -1320 P3SA353 6 6 4 ° • 19" Colot TV Zenith Z -1990 391-- '534&O8s1, �.. n 391 -S 44 088 2 Z AC Cord Graybar 100 FT � 9Z-- j3Q4 :1) _ 664 ID r �. C l ) I zldete) Abe . VD&relgmd reMLVCS the al tpuset. IlAted above.,, an 'a d ./? W : as a represent &tire of R=wey Couaty Library, w i C., I'd lab OV Amsey Cotmty Library Represent&- C=ow► g Cable, lue 0 9 Aeprse _ 4 r E ' tal -J �i CO t0' (5) CAP �- O -1 1 r CID W i) 1 � f1► 3 1 S� c* •71 t s .,w j MASTER D c z k ujwT I TT DESCRIPTION 0 0 2 M D •= 2 r 0 z 2 m 2 2 2 Apple IIe Monitor Disk Sys ten tFSCI (Wittevut Cwttrol Card Disk Sys to* U -SCI (Vith Contral c Micro Hodes IIQ_ Apple II Monitor Stan m C�oroputer, Inc. �!►,2lI�D260 " . e r10 2 Printer e Epson .. RX- 0FIT 358126 c0 cn 2 Printer Ia terrace 342473 Card Microtek;- . Ine , - . ~ RV-611C �Q�� t -- 80 Column and ex tonded _. . w App Hoge cn 109mo►ry card P : 2. Tra,iu deg hacks . Apple Ile Gdex :.�~ t• f 10 f ':;1 '• I the _ •.' a _: _ • Vaderaigned Ceceved ,thee ` i q �tip�ses►t � its t e . , . d abory g on .•. • ►- repr 9 stttiv . of X hingt�rn Covnk (date) •. y Librory, ae ..� it I a Its . i i►i l d - V. 4-1 h Cot�u L,ib�r - , Dpi ... tr Reareseut�t itre Grd'up 1w Cable 12nC. , R0resantatij • r WASHINCT(w C0VnTr . tURO . "PLR CWUTER HARWAR , Cft ;9_1 page 1 of 1 w Apple CONVut e r Inc A252064 D t � D4206PXA25 x2064 Apple Caiaput8t Iac. A 3�'foa39 <. $303 91422 ' a4z 7 Btand"a C ro " 88 �so6 8i `� • Standu= Coutroill lIT838 7 to' RS4108. -- H ayes 8 4800143384 4808143653 'r Appld m C�oroputer, Inc. �!►,2lI�D260 " . e r10 2 Printer e Epson .. RX- 0FIT 358126 c0 cn 2 Printer Ia terrace 342473 Card Microtek;- . Ine , - . ~ RV-611C �Q�� t -- 80 Column and ex tonded _. . w App Hoge cn 109mo►ry card P : 2. Tra,iu deg hacks . Apple Ile Gdex :.�~ t• f 10 f ':;1 '• I the _ •.' a _: _ • Vaderaigned Ceceved ,thee ` i q �tip�ses►t � its t e . , . d abory g on .•. • ►- repr 9 stttiv . of X hingt�rn Covnk (date) •. y Librory, ae ..� it I a Its . i i►i l d - V. 4-1 h Cot�u L,ib�r - , Dpi ... tr Reareseut�t itre Grd'up 1w Cable 12nC. , R0resantatij • r WASHINCT(w C0VnTr . tURO . "PLR CWUTER HARWAR , Cft ;9_1 page 1 of 1 w WASHINCT(w C0VnTr . tURO . "PLR CWUTER HARWAR , Cft ;9_1 page 1 of 1 w EXHIBIT D RAMS EYaWASHiNGTON SUBURBAN CABLE COMMISSION = 1902 East County Road B Maplewood, MN 55109 Birchwood Village Dttlwood Grant Township Late Elmo Mahto,ncdi Maplewood 612.7794144 July 23, 1991 Kevin Griffin, Executive Vice President CEO CABOLE TV NORTH CENTRAL 934 Woodhill Drive Roseville, MN 55113 Dear Kevin: North. St. Paul Oakdale Vadnais heights White Beat Lake While f or Township Willernle This letter is to confirm the understanding between Cable T'J No r t:: Central and the Ramsey /Washington Suburban Cable Commission with regard to temporary arrangement for interconnection. As discussed at the July 1 n: Commission, we understand the following: I. Cable TV North Central plans to provide an additional channel upstream and an additional channel downstream between Ramsey /Washington and the North Suburban system. This will br ng the channel capacity to two channels in both directions. 2. The addition will be completed in the first half of 1992. 3. Full interconnection has been deferred until a time uncertain. 4. Cable TV North Central will provide video interconnectio^ free-of-charge to access users. 5. Access users requesting use of the interconnection must use t::e attached request form. Priority will be given to live productions done in the horse system. Prioritization beyond that will be based on timely submission of the request form. By copy of this letter, I am forwarding a copy of the request form on to Ginny Holder for use by access users interested in use of the temporary interconnection. .Please let me know if you have any additional comments to add on this project. If I do not hear from you, I will assume that all will proceed as stated. Very truly your , Adrian E. Herbst Commissioner Attorney 2.22Z?MG:70 ;QVN / Pmg cc: Ginny Holder S le Thon nn Mathews Katri Donnelly -Cohen 1 REQUEST FOR USE OF INTERCONNECT Distribution of cable programming may be requested of Cable TV North Cantrai to other cable franchise areas: North Suburbs, Columbia Heights/Hilltop North Central Suburbs, and Q uad Cities systems. Requests must be received a rninimum of 45 days in advance to allow for coordination with various a -chess centers and scheduled public access users. Live productions done in the home sy stem have priority over requested progr utilizing th interconnect For programs to be shown on the North Suburban system or the Quad Cities system, permission must be obtained from those access groups at the same time. For use of the Educational Access channel, permission may be needed by the district media representative of that area. Programs may be inserted on either the Public access Channel, the Educational Access Channe� or the Religious Access channel depending on the content. COMPLETE THE FOLLOWING INFORMATION ANO SUBMIT T ,. Mark Neuman -Scott Cable N North Central 2460 East Co. Rd. F White Bear Lake, Minnesota 55110 Today's Date Name Address City, State, Zip Day Phone Program Name Evening Phone Distribution: Live Tape Delay System Requested: North Suburban* North Central Suburban Quad Cities* Columbia HelghtsiHilltop Channel Requested: Public Access Sduc 3 tional Access Religious Ac cess Date Requested I Mme Preference if tape delayed Ramsey /Washington, MN Construction Schedule Map- EXH IB IT E s►� 1 = .7Ya fWR � � • s Wm SEAR • .,.r i s.�a_& .,. .�.'•c'•.'•'r� � �° �' f = ± a, `.. e •w.....w ; Sri __._ • , I. 1 � i / ��� '� ' � V � \..� �'�, � '• 1 _� • vim. �+� - .•w .. 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'rc. 05/14/92 561Z124 EXHIBIT F AMENDMENT TO RAMSEY /WASHINGTON COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION CABLE COMMUNICATIONS FRANCHISE AGREE:1ENT Amendment ( the "Amendment") made effective as of the date soecif ied in Section 8 below, to that certain Franchise Agreement dated March 10, 1983, by and between the RAMSEY /WASHINGTON COUNTIES SUBURBAN CABLE COY.MUNICATI4NS COMMISSION (the "Commission ") and GROUP W CABLE OF RAMSEY /WASHINGTON, INC., d /b /a Cable TV North Central (the "Company "). Section 1. Preamble. The .Franchise requires that the Company provide and maintain certain cable television program facilities and equipment, certain community access and local origination bandwidth, certain cable programming staff, and certain funding. The Company has proposed divesting itself of certain of these . .. . . . . investigated . . . responsibilit�es. The Commission has investigated the poss�bil�ty and ramifications of assuming such responsibilities, and has determined that it is in the best public interest and welfare to accept such responsibilities, and this will enhance the quality of community programming. The Commission has therefore agreed to accept such responsibilities, as set forth an upon the terms stated in this Amendment. Section 2. Definitions. For the purposes of this Amendment, the following terms, phrases, words and their derivations shall have the meaning given herein. Where terms, phrases and words defined in this Amendment conflict with those otherwise defined in the Franchise Agreement or the Ordinance, the terms and phrases defined herein shall control. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Capitalized words not defined herein shall have those meanings given in the Franchis Agreement, prior to this Amendment, and words not otherwise defined shall be given their common and ordinary meaning. (a) " Access A reeme, 3t " means that certain agreement dated December 4, 1985 by and between Company and the Community Access Corporation regarding local programming and public access. (b) " Commission " means the Ramsey /Washington Counties Suburban Cable Communications Commission, or, at the sole option of that entity, its designee. Notwithstanding any designation of rights or obligations by the Commission (except to the Member Cites), it is agreed that such designee shall not be construed as a third-part"'? beneficiary under this Agreement, and shah have no rights of enforcement against the Company. ( c ) " Community Pr ogramming " shall mean the services, c han nets a::d equipment dedicated for library, religious, publ +c, educatiora +, or government access uses, and more part'... a: ly desc: ibed in Sec -on 4.08 of the Franchise Agreement. 0514/92 5612.124 (d) " community Programming Charm_ els shall mean the library, religious, public, educational and government access program channels of the System, more particularly described in Section 4.08E of the Franchise Agreement. (e) " Effective Date of Transfer shall mean that date as determined pursuant to Section 7 of this Amendment. (f) " Franchise " shall mean the rights and obligations extended by the Commission to Company to own, operate and maintain a cable communications system within the Ramsey /Washington Service Territory and manifested by the following: 1. Ordinance Nos. 01, 02, 03, 04, 05 and 06 adopted by Commission. 2. The Franchise Agreement entered into between Commission and Company, as amended by this Amendment, based on the authority and grant of a cable communications franchise extended by the Ordinance. 3. An Acceptance Agreement to Ordinance No. 03. 4. An Acceptance Agreement to Ordinance No. 060 (g) " Franchise Agreement means the Agreement entitled "Franchise Agreement" dated March 10, 1983, entered into between the Commission and Company, as amended by this Amendment, which is enforceable by the Commission, Company and Cities as third party beneficiaries which sets forth the rights and obligations between Commission and Company arising out of the Franchise. (h) " Good Ouerating Condition means the item identified is, as of the Effective Date of Transfer and for thirty (30) days thereafter, physically sound, with no missing pieces, and is functioning to accomplish 'the purposes for which it was originally manufactured with a quality of performance consistent with (1) the level of technology existing for the item at the time of manufacture and (2) the age of the item, given regular and customary maintenance and use of the item. Obsolescence, and cosmetic defects which do not impair the functioning of the equipment, shall not be considered in determining Good Operating Condition. The Company shall not be responsible for damage to equipment caused by the Commission or its agents. Ci) " Gross Revenues shall mean any revenue received directly or indirectly by Company, its affiliates, subsidiaries, parent or any person in which Company, as Grantee of this Franchise, has a financial interest of five percent '(5%) or more from or i^ connection with the operation of the System, including, but not limited to, monthly fees from any and all levees of basic subs cr fiber service, pav cable fees, pay -per -view fees, install ation and reconnection fees, leased channel fees, converter rentals, corve: ter sales, studio rental, production eQUip meat and personnel f ee s , 05/14/92 561Z124 - 0. advertising revenues, additional outlet fees, FM- service fees, remote control fees, VCR fees, late fees, collection fees, and all revenue derived from home shopping networks. This term does not include revenues for signals originating in or passing through the Franchise area for transmission to a System or subscriber without the Franchise area unless Company receives revenue for such signal which.has not already otherwise been directly or indirectly subject to a Franchise fee in which case said revenues will be considered Gross Revenues for the purpose of this Franchise. Nor does the term include any taxes or services furnished by Company and imvosed directly upon any subscriber or user by the state, city or other governmental unit and collected by Company on behalf of said governmental unit. This term shall not include fees; sales, or revenues which ComDanv has recognized on an accrual basis, but cannot collect. So long as Company's loss from such uncollectible accounts, i.e., its "bad debt expense ", is equal to or less than two percent (2%) of its total annual gross revenues, the franchise fee shall be calculated only on amounts received by Company. However, a franchise fee shall be unposed on that portion of bad debt expense in excess of two percent (2 %) of its total annual gross revenues. Further, this term shall not include proceeds and /or credits received from the sale or disposal of inventory or other assets other than the retail sale to subscribers of converters or other devices necessary to recei-�e their cable communications services from Franchisee; proceeds from the sale or transfer of the franchise or cable system; interest income generated by franchise investment activities; promotional and marketing refunds; any reimbursement of expenses paid by Franchisee including affiliated entities; any payments received in the nature of reimbursement for damages whether the result of insurance payments, litigation, or otherwise, and tax refunds. (J) " Institutional Network or "I /_Ne_t" shall mean the 440 MHz capacity, single cable network, more particularly described in Section 4.03 of the Franchise Agreement. (k) " Inter_connect Network shall mean the two -wav system, more particularly described in Section 4.04 of the Franchise Agreement. (1) " fer ng of Gran ee " or " Offerings " shall mean that certain document entitled "Offering of Grantee" and signed by the Commission and Company, which document is on file with the Franchise Administrator, and any amendments thereto which are mutually acceptable to the Commission and Company. To the extent that this Amendment may conflict with the terms of the Offering with respect to Community Programming, Community Programming Channels, or I /Net, the terms of this Amendment shall govern only where such terms are in direct and irreconcilable conflict. (m) " aneratina Agreement means that certain agreement dated May, 1990, by and between the Commi and the Community Access Corporatic: regarding public access, as it may be amended from time to time. 05/14/92 561Z124 (n) " Ordinance " means those certain documents titled Ordinance Nos. 01, 02, 03, 04, 05 and 06, adopted by the Commission. Section 3. Section 3.06 of the Franchise Agreement is amended to reads 3.06 Written Notice All notices, reports or demands required to be given in writing under the Franchise shall be deemed to be given when delivered personally to any officer of Company or Chairman of Commission, whichever is appropriate, or when forty -eight (4.8) hours have elapsed 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 which notice is being given, as follows: If to Company: General Manager North Central Cable Communications Company, Inc. 934 Woodhill Drive Roseville, Minnesota 55113 If to Commission: Executive Director Ramsey /Washington Counties Suburban Cable Communications Commission 1902 East County Road 8 Maplewood, Minnesota 55109 Such addresses may be changed by either part upon notice to the other party given as provided in this section. Section 4 (a) Section 4.03 of the Franchise Agreement is amended to read: 4.03 Institutional Network A. Design, Maintenance and Overation The Institutional Network shall consist of a totally separate cable with four hundred forty (440) MNz capacity. The network shall have the initial capacity of fifty -six (56) video channels, thirty -one (31) downstream and twenty -five ( 25 ) upstream. Company shall allocate appropriate bandwidth free of charge for use by non - profit institutions as set forth in Company's Offering, The Institutional Network shall be built, maintained and operated in accordance with Company's Offering and in accordance with the Franchise Agreement. 05/14/92 561Z124 8. E_cunment and Facilities Transfer 1. On the Effective Date of Transfer, Company shall convey and transfer to the Commission by Warranty Bill of Sale, title to and ownership of all equipment listed on the attached Exhibit A, together with all related service and user manuals as available, computer softorare that is installed, and cable diagrams ( the "I /Net Equipment"),, for use in operating the I /Net. 9 2. Company represents and warrants to the Commission that (a) it holds good title to the I /Net Equi free and clear of any and all encumbrances; (b) the I /Net Equipment is in Good Operating Condition, and ( c ) the conveyance of the I /stet Equipment, together with performance by Company of its obligations under this Agreement, enables and permits the Commission to switch the I /Net System for governmental and non- profit institutional users. 3. Prior to the Effective Date of Transfer, the Commission shall verify the presence in inventory of all I /Net Equipment and its operational status. If prior to thirty ( 30 ) days after the Effective Date of Transfer the Commission determines that any piece of I /Net Equipment or part thereof is not in Good Operating Condition or is missing from inventory, the Commission shall, within five (5) days of such determination, notify Company in writing. The Company shall, within five (5) days of the Commission's notice to the Company, notify the Commission of Company's intention to do one or more of the following with respect to the items identified by the commission in its notice: (a) repair and restore the item(s ) to Good Operating Condition; or (b) replace the item(s) with a specific, comparable item(s) which is /are in Good Operating Condition. If the Company is purchasing replacement item(s), rather than supplying the same from Company's stock, the Commission may request that that Company purchase different item(s) and the amount of s the purchas price of the replacement ite:� or items initially identified by the Company shall be applied toward the purchase of the different item or items specified by the Commission. • 05/14/92 5o1Z124 If the parties fail to resolve the issue(s.) to their mutual satisfaction, either panty may within twenty (20) days of the Commission's notice to the Company, submit such dispute to arbitration, and such issue(s) shall be settled by arbitration in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association, and judgment rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree that if the dispute concerns an item with a value of more than $10,000, either party shall be entitled to request a panel of three (3) arbitrators. C. Resvonsibilities for Maintenance andOeration 1. Company shall be responsible for the maintenance, repair and technical performance of the cable and related active and passive electronics which carry I /Net signals, and for repair and replacement of the modulators and demodulators (as may be necessary to produce picture quality consistent with FCC standards) and convertors (consistent with uniform Company policy and practice) used in the I /Net system. The Commission shall be responsible for the maintenance, repair and technical performance of the I /Net Equipment (except for the modulators, demodulators and convertors); for controlling the origination and destination of I /Net signals to and from governmental, educational and non - profit institutional users; and for requests by governmental, educational and non - profit institutional users for switching. This division of responsibilities is schematically represented on the attached Exhibit B. 2. The parties acknowledge that certain equipment located at governmental, educational and non- profit institutions, described on the attached Exhibit C, was donated by gift from Company to those .institutions, and that neither party, nor any designee of the parties, i.; responsible for maintenance of this equipment. 3. Company agrees it shall cooperate in good faith with the Commission, so that the I /Net shall remain in good working order and repair, so as to produce at all times during the term of the Franchise the signal quality required under the technical n standards of the FCC ( as they may be amended from time to time), or, at such time as 'the technical standards under the Franchise are deemed enforceable or of fec Live, under the terms of the Franchise. In furtherance of this agreement.. Company shall per form periodic testing of the I /Net system, to -5- 05/14/92 5o1Z124 its condition, and provide the results of such tests to the Commission. Construction and equipment costs for the expansion, installation or addition of governmental, educational and non- profit institutions to the I /Net System shall be made pursuant to the guidelines under the Franchise. In the event Company fails to perform as required, Company shall be in default, and the Commission may (but shall not be obligated to) undertake to cure such default, and to exercise any and all remedies available to it under the terms of the Franchise or at law or in equity. 4. Company shall not charge, bill, or recover any compensation from the Commission, governmental or non - profit institutions, for the use and operation of the I /Net. The Commission shall be entitled, in its discretion, to charge for and recover compensation from any governmental, educational, or non- profit institution's use of the I /Net. 5. The terms of this Section 4.03 shall supersede those in the Franchise and Offering, only where such terms are in direct and irreconcilable conflict. (b) Section 4.04 of the Franchise Agreement is amended to read: 4.04 Regional Interconnect Network Company shall provide a two -way microwave System for interconnection with at least four (4) other Systems. The network shall have at least the initially activated capacity of three (3 ) upstream and three ( 3 ) downstream video channels with each System. Such interconnection shall be provided when mandated by State law, or when the Commission and the franchising authority for the other system(s) agree that interconnection is desirable. Company shall abide by the Commission's requests for interconnection and shall use its best efforts to negotiate interconnection with other .system(s) when requested by the Commission. Notwithstanding the foregoing, Company and the Commission agree that on an interim and temporary basis, Company's obligation to provide the Interconnect Network is modified as provided in that certain letter dated July 23, 1991, from the Commission attorney to Company, summarizing the Agreement approved by the Commission at its meeting of July 11, 1991, which letter is attached hereto as Exhibit D. (c) Section 4.08 of the Franchise Agreement is amended to read: 4.08 Community Programmina The Commission assumes responsibility for Community Programming within the Franchise Area. Compa,v is 05/14/92 561Z124 relieved of all responsibility for Community Programming, except as provided in this Amendment. A. Conveyance of Ecuipment and Facilities 1. On the Effective Date of Transfer, Company shall convey and transfer to the Commission by Warranty Bill of Sale, title to and ownership of all equipment listed on the attached Exhibit E, together with all related service and user manuals, as available; computer software that is installed; records; library of community programming video tapes (provided, the Company makes no representations or warranties concerning such tapes); program schedules and producer /trainee records; office furniture and equipment; spare parts; and cabling diagrams ( the "Community Programming Equipment "). Company represents and warrants to the Commission that (a) it holds good title to the Community Programming Equipment, free and clear of any and all encumbrances; (b) the Community Programming Equipment is in Good Operating Condition; and (c) the Community Programming Equipment, together with those items of equipment listed on the attached Exhibit F, constitute all equipment used by Company in the performance of its Community Programming obligations under the Franchise, existing prior to this Amendment. 2. On the Effective Date of Transfer, Company shall transfer and convey to the Commission by Warranty Bill of Sale (and delivery of the Certificate of Title), title to and ownership of the mobile production van, VIN j' 3 77 and all equipment associated or used with the van, and described on Exhibit G, free and clear of any and all encumbrances. Company represents and warrants that such equipment, and the van, is in Good Operating Condition. The Commission agrees that it may permit, in its sole discretion, use of the van by Company, upon terms and conditions acceptable to the parties. The Commission shall be responsible for the maintenance of the van and all associated equipment, except as otherwise agreed to by the parties. 3 . On the Effective Date of Transfer, Company shall transfer and convey to the Commission by Warranty Bill of Sale, title to and ownership of the Master Control Equipment described on the attached Exhibit He f ree and clear of any and all encumbrances. Company represents and warrants that the Master Control Equipment is in Good. Operating Condition. Such transfer will allow for play -back by the Commission on all Community Programming Channels on a 24 -hour a day, every day, unrestricted and comelete basis. 1 05/14/92 5612124 4. On the Effective Date of Transfer, Company and the Commission shall enter into a sublease agreement for a portion of the building (together with rights to the use of common and parking areas) located at 2460 County Road F, White Bear Lake, Minnesota, in the form attached as Exhibit I. 50 Company agrees that the Commission may, for no charge, have the use of a studio at any of Company's facilities in the Franchise area, so long as Company operates a studio in the Franchise area. Use of the studio facility by the Commission will be permitted, if not otherwise in use by Company, and is subject to reasonable rules established by Company. Company shall have no obligation to incur additional costs, in terms of staff or equipment, because of Commission's use of the studio facility. In the event the Company determines to vacate its existing studio facility in Oakdale, Minnesota, but continue to lease such space, the Commission shall be entitled to sublease the studio facility from the Company at a rate equal to 50% of the Company's leasehold expenses allocable to the studio facility. The essential terms of such agreement are stated in the attached Exhibit J. 6. Company agrees that if, at any time during the first three (3) years of the term of the sublease described above, the Commission determines to relocate or expand f rom the leasehold space described in Section 4.08.A.4 of the Franchise Agreement, Company shall (a) pay $15,000.00 for miscellaneous expenses and the construction of leasehold improvements at the Commission's new location; (b) unconditionally release the Commission from all obligations associated with the lease described in Section 4.08.A.4 of the Franchise Agreement, if the Commission requests such a release,, and (c) at no cost or charge to the Commission, connect the subscriber System and I /Net to the new location, so long as it is within one mile of the subscriber System and I /Net and contiguous to a public or other right of way. If the new location is more than one mile from the subscriber System and I /Net, the Commission shall pay at cost all reasonable expenses associated with the installation, except for the last mile of the installation and connection. ?. All of the rights, obligations, and responsibilities of the Company and the Commission described in Section 4.038.3 shall apply to the equipment, or parts thereof, described in Sections 4.08A.1, 4.08A.2, and 4.08A.3. -n - 05/14/92 561Z124 Be Community Programmi, ng C, hha�nnels 1. Commencing on the Effective Late of Transfer, Company shall make available for the unrestricted, sole and complete use by the Commission, and the Commission shall assume control of and responsibility for, all library, religious, public, educational, and government access program Channels in the System. These Community Programming Channels are numbered at the time of this Agreement as: 3 Public Access 10 Public Access 51 Educational Access 52 (See paragraph 3 below) 53 Library Access 63 Religious Access 64 Government Access 66 Private Educational Access 67 Higher Educational Access 62 (See paragraph 3 below) Company agrees it shall not renumber or realign the Community Programming Channels without the prio" written consent of the Commission. Company further agrees that all Community Programming Channels shall be received by all System subscribers. 2. Company shall remain bound by Article 11.02 of the Ordinance, regarding Additional Community Programming Channels, notwithstanding the transfer of these Community Programming Channels, 3. Notwithstanding the transfer of all Community Programming Channels, the Commission agrees Company shall have the right to use Community Programming Channels 52 and 62, for cablecast of programming for any lawful purpose, until the Commission gives Company written notice(s) requesting return of control and use of either or both Community Programming Channels 52 and 62. The Commission further agrees it shall not give any such notice prior to a date no earlier than six (6) months following the Effective Date of Transfer, and such notice(s) shall be given at least twelve (12) months prior to the date for actual and effective return of control and use to the Commission of either or both Community Programming Channels 52 and 62. A notice from the Commission for return of one Channel shall., not be construed as a waiver of Commission's right to require return of the second Channel at a late: date. Company agrees its obligation to return use and control of Community Programming Channels 52 a.nd 05/14/92. 561Z124* 62 is otherwise unconditional, and not dependent on any showing of need or cause by the Commission. Company further agrees that when one or both of these Community Programming Channels are, returned for the use of the Commission, such Channels shall be received by all System subscribers. 4. The Commission shall be entitled to sell and display paid commercials on one of the Community Programming Channels, of its choosing. Provided, the Commission agrees it shall not lease such Channels for commercial use by third parties. Company acknowledges that Commission is entitled to solicit and cablecast sponsored programming. 5. Company agrees it shall cooperate in good faith with the Commission, and any designee of the Commission, to facilitate cablecast of Community Programming. Company shall maintain its System equipment in good working order and repair, so that the signal quality of the Community Programming Channels shall be equal to that of other System Channels, C. Miscellaneous. 1. Company agrees that the Commission shall be permitted to schedule for cablecast at times and on channels mutually acceptable to the parties, two (2) thirty - second ad avails each day, during the term of the Franchise, and on a run of schedule basis. The ad avails shall be produced by the Commission to announce, identify or promote community television. 2. Company agrees it shall annually produce, in cooperation with the Commission and at Company's expense, a black- and -white bill stuffer promoting community television. The bill stuffer shall be produced and mailed with the subscriber billing statements at least once each calendar year during the Franchise term. 3. Subject to the requirements of applicable federal, state and local law, the Commission shall be entitled to adopt and enforce rules governing the use of the Community Programming Channels. All users of the Community Programming Channels, including Company, shall be subject to such rules. 4. Company agrees that the Commission shall . ft have access to all satellite services available to Company, and that Company shall not charge to Commission for such access. This agreement is subject to the following conditions: ( a) t e 05/14/92 561Z124 satellite services are equipment currently in disrupt Company's use service to be cablecast cablecast by Company; commercial in nature; acquired the legal programming, received through existing place, and use shall not of the equipment; (b) the by Commission is not being (c) the services are not and (d) the Commission has right to cablecast such 50 The Community Access Corporation, now known as Suburban Community Channels or SCC, and Company entered into an Agreement dated December 4, 1985, regarding coordination and cooperation between those parties for development of public access and local programming. SCC's obligations with respect to Community Programming are set forth in an Operating Agreement entered into with the Commission dated May , 1990 In the event this Amendment or any part thereof shall be terminated, or held to be invalid or unenforceable, the relevant terms of the December 4, 1985 Agreement and the Operating Agreement, and the Franchise Agreement existing ,prior to this Amendment shall be restored and govern the relationships between the SCC, the Commission and Company. 6. The terms of this Section 4.08 shall supersede those of the Offering and the Franchise only as set forth in Exhibit :{ hereto. The parties intend by this Amendment to describe the modified rights and responsibilities of the Commission and Company, with respect to Community Programming, Community Programming Channels, equipment, facilities, personnel, and funding. 7. Company shall use good faith efforts to amend, to the extent necessary, the system extension permit granted by the City of Gem Lake, and the Cable Television Franchise Ordinance for the City of Hugo (collectively, the "Permits "), within ninety (90) days after the Effective Date of Transfer, to delete references therein to Community Programming Equipment being transferred to the Commission. Company will indemnify and hold harmless the Commission, the Member Cities, and SCC against any claim that the Company breached the Permits relating to community programming equipment, that may be brought by either Hugo or Gem Lake, or any resident thereof. 05/14/92 561Z124 Section 5. Section 8.02 of the Franchise Agreement is amended as follows: 8.02 Surport of Access Company shall pay the following sums to the Commission in support of access: A. (Unamended - Compliance Met by Company) Be One -Time EauiDment Replacement /Transition Eanenses Grant Company shall pay the Commission the sum of $150,000.00, with $10,000.00 payable not less than thirty (30) days prior to the Effective Date of Transfer, and the balance of $140,,000.00 payable on the Effective Date of Transfer. C. Annual, Eauirment R= placement Grant On or before January 2, 1994, Company shall pay the Commission the sum of $80..000, On or before January 2 in each of the years 1995, 1996, 1997 and 1998, Company shall pay the Commission the sum of $40,000.00. Total payments by Company to the Commission pursuant to this subsection 8.02.0 are $240,000.00 D. Annual Ooeratinar Grant On the Effective Date of Transfer, Company shall pay the Commission the sum of $85,000,00, On or before the same day of the third, sixth, and ninth months following the Effective Date of Transfer, Company shall pay the Commission on each such day the sum of $85,000.00. Before each anniversary of the Effective Date of Transfer during the term of th e Franchise, the parties shall determine an amount to be paid by Company to the Commission, in four equal installments on the anniversaries of the dates on which payments were made under the preceding sentences. This amount shall be equal to the entire sum paid by Company to the Commission pursuant to this Section D(1) and (2) in the twelve (12) months preceding such anniversary date (the "Annual Contribution "), increased by: (1) the greater of: (a) six percent (6%) of the Annual Contribution, or (b) the percentage increase in the Consumer Price Index (All Urban Consumers, All Items, Minneapolis -St. Paul, 1982 -84 = 100), for the year ending December 31 prior to the anniversary date for which the calculation is being made (the "Base Year "), as compared to the Consumer Price Index for the year ending December 31 immediately preceding the Base Year (if the frequency of publication of the Consumer Pr ice Index is changed so that it is not available to make the annual adjustment, the adjustment shall be based on a comparable Consumer Price Index); and by Ift 05/14/92 561Z124 (2) a sum equal to two - tenths of one percent (.2 %) of the Annual Contribution, for each percent that Gross Revenues in the Base Year increase by more than seven percent (7 %) through twelve percent (12 %) (rounding to the nearest whole number) over the preceding year's Gross Revenues, and one -tenth of one- percent (.1%),of the Annual Contribution for each percent that Gross Revenues in the Base Year increase by more than twelve percent (12 %) (rounding to the nearest whole number) over the preceding year's Gross Revenues. Attached as Exhibits L -1 and L -2, for illustrative purposes only, are examples of calculations of such increases. The payments required under this subparagraph D shall be made during the entire tern of the Franchise. E. In the event Company fails to timely remit any required payment, such failure shall constitute a default under the Franchise and the Commission shall be entitled to exercise any and all available remedies, including, but not limited to, recovery from the bond maintained pursuant to Section 8.03 , the Security Fund maintained pursuant to Section 8.04, and recovery of liquidated damages pursuant to Section 8.05. F. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge (1) that the Commission shall be entitled to use or apply the funds paid pursuant to this Section 8,02 of the Franchise Agreement for any purpose; and ( 2 ) that the payments made by Company to the Commission pursuant to this Section 8.02 do not constitute franchise fee payments under Section 622 of the Federal Cable Communications Act of 1984. Section 6. Section 13.01 of the Franchise Agreement is amended to add the following at the end of the existing text: C. At the time of any sale or transfer of the Franchise, Company shall pay the Commission the sum of $375,000.00; provided, however, such sum shall be payable only one (1) time during the Franchise term, and this Section 13.01C shall be of no further force and effect after the single payment of $375,0-00.00 has been made. The parties acknowledge that at this time, theta is a pending request by the Company for approval of transfer of the System to Meredith /New Heritage Strategic Partners, L. P. ( the "Transferee ") , and that if such request is approved, the payment described ibed in t his subsection C shall be made no later than at the time of the filing of the Transferee's written acceptance of the F r anchise Acr eemenL and Ordinance. 05/14/92 5o1Z124 Section 7. A. This Amendment shall become effective on the same day of the fifth month (or earlier if mutually agreed to by the parties in writing) after the occurrence of all of the following events: (1) it has been fully executed by both parties; (2) Company has accepted Ordinance No. 06 of the Commission, in the manner specified in Ordinance No. 06; (3) the Access Agreement has been terminated, or assigned by the Company to the Commission; (4) the Company has obtained approvals and /or consents as may be necessary for the Compa ny, the Commission, or either of their designees, to commence the construction of tenant improvements for the leasehold space described in Section 4.08.A }4 above; and (5) the Commission has approved and executed Exhibit M. Such date shall be the "Effective Date of Transfer ". The period of time between the parties' execution and acceptance of this Agreement and the Effective Date of Transfer is intended to facilitate the transfer of responsibilities described herein, and to result in the enhancement of community programming quality. The Company agrees to cooperate in good faith and use its best efforts to fulfill conditions Nos. (1), (2) and (4) which are within its control, as soon as possible. The Commission agrees to cooperate in good faith and use its best efforts to fulfill Condition Nos, (1).. (3).. (4) and (5) which are within its control, as soon as possible. In the event this Amendment does not become effective on or before the closing of the transfer of control to Meredith /New Heritage Strategic Partners, L.P., then the payment under Section 6 of this Amendment shall be escrowed by the Commission for release at such time as this Amendment becomes effective. If the Amendment does not become effective within six (6) months of the date of deposit of the escrowed funds, then such funds, together with any accrued interest, shall be released from escrow for payment to the Company. This Amendment and the obligations or commitments between the parties pursuant to it shall then become nu11 and void, and neither party shall have further liabilities or obligations hereunder. B. The Commission and Company each acknowledge and agree that this Amendment was fully negotiated and entered into by them in good faith. Company further agrees it shall not at any time contest any of the following provisions (the "Provisions ") of this Amendment: 1) Any and all provisions relating to the payment of funds from the Company to the Commission, as set forth in the Amendment, or the conveyance of equipment by the Company to the Commission, as set forth in this Amendment; 2) Any provisions of this Amendment requiring the Company to locate public access channels at Channel 3 and Channel 10 on the Company's channel line -up; 3) Any provisions of this Amendment governing the Company's responsibility to sublease certain space in the Company's building located at 2460 County Road F, White Bear Lake, Minnesota; and 05/14/92 561Z124 4) Section 4.08.8.3 of this Amendment, as it relates to the Company's responsibility to relinquish control of Channels 52 and 62 to the Commission, based upon the procedures contained in that Section. Further, Company agrees not to assert, and specifically waives any and all right it may have to assert, that any payment made or action taken pursuant to the Provisions, would be unenforceable under federal law or would constitute franchise fee payments under Section 622 of the Federal Cable Communications . Act of 1984. Notwithstanding the foregoing, nothing contained herein shall require either the Commission or Company to act in contravention of a judicial ruling to which the Commission or Companv is a party, an applicable ruling of the Federal Communications Commission, or any state, local or federal statute, rule or regulation which supersedes the provisions of this Amendment and makes it unlawful for either or both parties to fulfill their obligations under the terms of the Amendment. As to all other provisions of acknowledge and agree that they Amendment under federal, state or this Amendment. Except as to subsection, Company expressly rese state and local law. this Amendment, Commission and Company each will not contest the provisions of this local law, as it exists as of the date of those rights expressly waived in this ryes all of its other rights under federal, C. Subject to Section 7.B hereof, the Commission and the Company agree to be bound by and to timely and fully perform and fulfill all of the terns, agreements, provisions, conditions, promises, offers, representations and inducements contained in this Amendment, to the extent they are not rendered unenforceable after the Effective Date of Transfer. D. Company represents, warrants and guarantees that neither it, nor its representatives or agents, have committed any illegal acts or engaged in ary wrongful conduct contrary to, or in violation of, any federal, state or local law or regulation in connection with this Amendment process. E. Company further warrants and represents as follows: 1) That it is a corporation under the laws of Minnesota, and has full right and authority to enter into and fully perform this Agreement. 2) That all corporate action required to authorize the acceptance of this Amendment and Ordinance No. 06, and all other doc•.unents to be executed and /or delivered by Company pursuant to the process, have been validly and duly acted on and are in force and effect; 3) That ordinance No. 06, this Amendment and all other dovaments executed and /or delivered by Compaay have been duly accepted and executed and the terms of each thereof are fully binding upon and enforceable against Company. 4) That the Company has waived enforceability or validity of the Provisions action taken pursuant to this Amendment payments under Section 622 of the Federal A. 1. as ; ..t may be amended from time to time, its right to contest t e or that any payment made or constitutes franchise fDe Cable Communications Act of ' 05/14/92 561Z124 5) That Company has no claims against the Commission with respect to the Franchise. F. With this Amendment, Company has also delivered to the Commission an opinion from its legal counsel, acceptable to the Commission, stating that Ordinance No. 06 and this Amendment are duly accepted by Company, that Ordinance No. 06 and the Franchise Agreement are enforceable against Company in accordance with their terms, and which opinion is otherwise in form and substance acceptable to the Commiss +on. G. The Commission acknowledges that as of the execution of this Agreement: and 1) There are no outstanding notices of violation of the Franchise; 2 } To the best of its knowledge and belief, there are no outstanding violations of the Franchise which have not been communicated to the Company. Notwithstanding this acknowledgement, the Commission expressly reserves the right to enforce all terms and conditions of the Franchise. H. Commission further acknowledges that it is, as of the execution of the Agreement, in the process of evaluating and investigating Compan -y's compliance with the terms of the Franchise, in connection with a request by Company for the Commission's consent to a proposed transfer of control off Company to Meredith /New Heritage Strategic Partners, L. P. 1) In the event: (a) the request for consent to transfer of control is approved by Commission; (b) Commission determines from such evaluation and investigation that compliance is satisfactory. to Commission; and (c) Company is in compliance with the terms of the Franchise through the closing on such transfer of control, then Commission agrees to execute and deliver an acknowledgment of such compliance, substantially in the form attached hereto as Exhibit M, concurrent with closing on the t: ansfer of control of Company to Meredith /New Heritage Strategic Partners, L.P. Company acknowledges and agrees that execution and .delivery of Exhibit M is solely in the discretion of the Commission. 2) If the closing on the transfer of control to Meredith /New Heritage Strategic Partners, L.P. occurs, but the Commission is unable or unwilling` to execute and deliver Exhibit M concurrent with such closing, or if such closing does not occur and the Commission is unable or unwilling to execute and deliver an acknowledgment of Franchise compliance in substantially the form of Exhibit M, on or before September 30, =1992, then either party may terminate this Amendment, Ordinance No. 06, and all other documents and agreements executed or delivered in connection therewith, upon ten (10) days prior written notice to t.& other party. 05/14/92 • 561Z124 3) If the Closing, on the transfer of control to Meredith /New Heritage Strategic Partners, L.P. does not occur on or before September 30 1992, and the Commi has executed and delivered to the Company an acknowledgment of Franchise Compliance in substantially the for., of Exhibit M, then Condition No. 5 to the Effective Date of Transfer, stated in Section 7.A above., . shall be deemed fulfilled. I. In the event this Amendment, or any part hereof, is terminated or held to be invalid or unenforceable, or if the implementation of its .recuirements ar deemed to I constitute franchise fee payments under Section 622 of the Federal Cable Act of 1984, then, to that extent this amendment will be of no effect and the pertinent provisions of the Franchise Agreement as existing immediately prior to the enactment of this Amendment shall be automatically reconstituted and effec IN WITNESS WHEREOF, the parties set their hands to be effective as provided in Section 7 herein. DATED: May 14 19 9 2 BUR�A�� RAMS EY /WAS'r3INGTON Co ., n vNTI�,s�s CABLE COMMEMICATIONS COMMIS ION By Its By I ts GROUP W CABLE OF RAMSEY /WASHINGTON,I By Its _�, �Zr BY Its -13- 05/14/92 50"1Z124 STATE OF MINNESOTA ) ss. COUNTY of RAMSEY ) On Mav 14 0 1992 before me, a Notary Public, personally y appeared George.Rouse and Clif ford McGinnis, to me ersoaall known P y who being by me duly sworn, did say that each is the person named in the foregoing instrument and that they are the Chairperson and Secretary , respectively, of Ramsey /Washington Counties Suburban Cabl Communications Commi a joint powers commission organized and existing pursuant to Minnesota Statutes sections 238.08 and 471.59, and that said instrument was signed as the free act and deed on behalf or said Commission. N • �r ADRIAN E HERBST NOTARY FUSLIC —MILAN �..; E„OTA HENNEFIN COUNTY STATE of My CommisSion Expires July 28, 1003 sr sse a C OUNTY OF I hereby certify that on this r #;Z�= day of '� t.��" 19` f be +ore me, an officer duly authorized in the State aforesai and in the Countv aforesaid to take acknowledgements, personally appeared C- and — to me known to be the persons describe in and who exe cuted the foregoing instrument_ as and respectively, of Group W Cable of Ramsey /Washington, Inc., a Minneso corporation named therein, and acknowledged before me than each executed the same as such officer, in the name of and for and on behalf of said corporation. No tir' y Public AA'Y � C Sta� NOW `1b�t�t WQf No. 30- 486625{ Quallfied in Nassau Cou" Carificate Filed in New York Coin► Commission Expires .duty A 1 6432124 EXHIBITS TO FRANCHISE AGREEME Ir AMENDMENT'' 'Eahibit A - Exhibit 8 Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Ex::ibit H Exhibit I Exhibit J E b i t R Exhibits L -1 and L -2 Exhibit M Franchise Agreement Sect +on 4.03.8.1 - -I /Net Equipment Franchise Agreement Section 4.03.C.1 -- Schematic of I /Net Maintenance Responsibility Franchise Agreement Section 4.03.C.2-- Equipment donated to Institutions Franchise Agreement Section 4.04 - -AEH letter of 7/23/9. summarizing Regional Interconnect Network temporary agreement Franchise Agreement. Section 4.08.A.1 -- Community Programming Equipment conveyed to Commission Franchise Agreement Section 4.08.A.1 -- Community Programming Equipment retained by Company Franchise Agreement Section 4.08 . A. 2 -- Mobile Production Van Equipment Franchise Agreement Section 4.08.A.3 -- Master Control Equipme. ^.t Franchise Agreement. Section 4.08. -.4 -- Sublease Agreement Franchise Agreement Section 4.08-A-5--Use of Other S tud+o Facilities Franchise Agreement Section 4.08 . C.6 - -Of fer+ng and Franchi se superceded only as set forth in this Exhibit Franchise Agreement Section 8.02.D--E$amples of Calculations for Annual Operating Grant Increases Amendment Sections 7A and H-- Acknowledgement Regard_.. Franchise Compliance AGENDA NO. X 'ftws AGENDA REPORT TO: Mayor and City Council FROM: City Manager RE: JOINT POWERS AGREEMENT - HOCKEY ARENA DATE: July 19, 1995 INTRODUCTION A.ot 1 on by C Ounc i 1; Endorsed Modif3. ed..�....- �e� }date Attached is a 'draft' copy of the Joint Powers Agreement between the City of Maplewood, City of Oakdale, and ISD 622 for an ice arena. This is for your review and comments. When the City of Oakdale provides us with a 'final' copy of the agreement, we will get a copy of it to you indicating any changes. tmc Attachment 07-19-1995 10:12AM FROM CITY OF OA DALE TO 97704506 P.02 DRAFT JOINT POWERS AGREEMENT 1.1 Patti The parties to this Joint Powers A (the " A are (a� The Cit of Oakdale, a Minnesota municipal corpora�ion ("Oakdale") • (b) The Cit of Maplewood, a Minnesota municipal corporation ("Maplewood")- and (c) Independent School District Number 622, a bod corporate and politic or pursuant to Minnesota Statutes Chapter 122 (the "School District"). Oakdale, Maplewood and the School District ma be referred.to herein individuall as a "Part or collectivel as the "Parties"), 2. R i (a) Minnesota Statutes, Section 471.59, :(the Joint Powers Act) authorizes two or more g overnmental unitsito jointl or cooperativel exercise an power common to the parties'to the A and to establish a joint powers board to exercise powers which a joint powers a confers; upon it. One or more of the parties to the a ma exercise the powers on behalf of the other partici�atin g overnmental units (b) Minnesota Statutes, Section 471.15 authorizeis statutor cities and school districts to operate a pro i of, publilc recreation and pla and to ac e 294434.3 07 1 0: 12AM FROM CITY OF OWDALE Tel 97704506 P.03 and maintain land, buildin or other recreational f es; to expend funds for the operation of such ,a pro and to issue bonds pursuant to Minnesota Statutes, Chapter,475 for the purpose of carr out such powers. (c) Minnesota Statutes, Section 471.16 authorizes statutor cities and school district to cooperate amon themselves and with an nonprofit or in an manner which the ma mutuall a to conduct pro of public recreation. (d) Minnesota Statutes, Section 471.91 authorizes statutok cities and school districts operatin a pro of public 'recreation and pla pursuant to Minnesota Statutes, Section 471.15 to 471.19 to ac or lease, e and maintain land, buildin and other recreational facilities, includin skatin rinks and arenas:, to with related automobile parkin facilities to expend funds for the operation of such pro and to borrow and expe'nd - -funds -f-br- --capital cost-s o-f --such pro (e) Minnesota Statutes, Section 475.58, Subdivision 3 a a municipalit (which term includes a school di .strict pursuant to Minnesota Statutes, Section 475.51, Subdivi.tion 2) to issue and sell g eneral obli bonds: to finance the ac improvement or construction of a indoor "ice arena intended to be used predominantl f or y o u th athletic activities (a "Qualified Ice Arena") without re to the election re set forth in Minnesota Statutes, Section 475,58, Subdivision 1 or an other 294434.3 2 07-19-1995 iO:13AM FROM CITY OF OAKDALE TO 97704506 P.04 provisi of law or home rule charter provided the followin conditi6ns are met: The obli are secured b a pled of revenues from the facilit (ii) The facilit and its financin are approved b resolution of the Cit in which the fac;ilit is located and the School District in which the facilit is: located ; (iii) The g overnin g bod of the municipalit fitds, based on an anal provided b a profess i8onal experienced in finance, that the facilit s revenues and other available mone will be sufficient to pa the obli without reliance on a propert tax lev or the municipalit g eneral purpose state aid; and (iv) No P etition for an election has been timel filed under para (b) ; Oakdale, Maplewood and the School Diistrict are tuiL�x.JL-L-L� i.Lj.Uu Lhl� JvijjL PC-#w%:!:A:5 A to con5txftuct operate .and maintain a Qualified Ice Arena (the "Joint Ice Arena") on real propert le described on the attached Exhibit A (the "Ice Arena Propert The Ice Arena Propert the Joint Ice Arena and an other improvements constructed on the Ice Arena Propert shall be referred to herein as the "Propert ( Oakdale intends to issue its g eneral obli bonds to finance the construction of the Joint Ice Arena 294434.3 3 1995 '1-0: 14AM FROM CITY OF OAKDALE TO 97704506 P.05 (the " Bonds"). The term Bonds shall also include an bonds or obli issued to refund the Bonds; (h) The Joint Ice Arena is to be used predominatel for y outh activities The Oakdale Cit Council and the School District Board have adopted resolutions approvin the Joint Ice Arena and its financin (j) The Oakdale and Maplewood Cit Councils and the School District Board have found, based on the anal provided b a professional experienced in finance, that the facilit I s g ross revenues and other available mone will be sufficient to repa the B without reliance on the Parties propert tax lev or g eneral purpose state aid within the meanin of Minnesota S Section 475.58, Subdivision 3, para (a)(3). (k) No petition for an election has been timel f .led under Minnesota Statute, Section 475.58, Subdivision 3, para (b) . (1) The School District currentl owns the Ice Arena P Prior to the commencement of construction of the Joint Ice Arena, the School District shall conve undivided one third interests, as a tenant -in- common, to both Oakdale and Maplewood, and thereafter, the School District, Oakdale a Maplewood shall each own an undivided one third interest, as tenants-in-common, in the Propert subject to the terms of this Joint Powers A These recitals shall be deemed a part of this A 294434.3 4 07-19-1995 10:14AM FROM CITY OF OA DALE TO 97704506 P.06 3.0 Joint Powers Board, Oakdale, Maplewood and the School District hereb establish a Joint Powers Board (hereinafter the "Board") to exercise all powers which are common to Oakdale, Maplewood and the School District and which are necessar and appropriate for the construction, operation, use, maintenance and repair ,,,..of the Joint Ice Arena includin specificall but not limited to, the power to contract with Tartan Youth Hocke Inc., a Minnesota nonprofit corporation and (the "Fund Raisin Contract") for pled of funds to assist in financin the construction of the Joint Ice Arena and/or meetin the operation and maintenance expenses of the Joint Ice Arena in exchange for-the ri to priorit in the allocation of ice time. The Board shall consist of two members of the Oakdale Cit Council, two members of the Maplewood Cit Council and two members of the School District Board. The Board ma exercise its powers. 'b resolutions adopted b the affirmative vote of a ma of the Board members at a public meetin dul called. The Oakdale Cit Council shall appoint Oakdale's two repres to the Board, the Maplewood Cit Council shall appoint Maplewood's two representatives to the Board and the School,; ,.District Board shall appoint the School District's two representatives to the Board. Meetin of the Board shall take place at such times and locations as the Board determines. Board meetin shall be open to the public except when the issue.or issues.. under consideration would authorize a cit council or a school district board to close a cit council or school district board 'Meetin to the public. Notice of the Board-Is meetin 294434.3 5 07-19-1995 1 0:15AM FROM CITY OF OAKDALE TO 97704506 P.07 shall be g iven in the same manner as notice of the cit council and school district board meetin 4 Oakdale's Ri and Obli Oakdale's ri and obli shall be as follows: (a) Oakdale shall issue the Bonds in an amount not to exceed $ to finance the construction of the Ice Arena on the Ice Arena Propert (b) If, at an time, the sum of anticipated i) g ross revenues from the Joint Ice Arena and ii) amounts which the Board is entitled to receive and appl to the repa of the Bonds under the terms of the Fund Raisin Contract (both of which shall be pled to the pa of the Bonds pursuant to the resolution approvin the issuance of the A Bonds) (collectivel the "Pled ' Revenues" ) are i n sufficient to make scheduled Bond pa Oakdale shall h the ri to receive pa from Maplewood and the S District in an amount from each such g overnmental unit e to one third of the amount necessar to pa an anticipated deficienc in the Pled Revenues available to m scheduled pa on the Bonds. Pa shall be made pursuant to the procedures set forth in Section 8. (c) Pursuant to Section 8, Oakdale shall annuall allocate funds to the Board in an amount sufficient to pa one third of an projected shortfall in annual revenues available for the operation and maintenance of the Joint Ice Arena and shall provide in Oakdale's bud each y ear for 1/3 of an such projected shortfall in annual revenuesO 294434.3 6 07-19-1995 40: 16AM FROM CITY OF OAKDALE TO 97704506 P.08 Annual revenues available for the operation and maintenance of the Joint Ice Arena shall be determined after the application of an annual revenues which constitute Pled Revenues to scheduled Bond pa If necessar Oakdale shall lev a tax on the taxable propert within its boundaries, subject to an lev limit laws, to fund O obli under Section 4(b). (d) Oakdale shall have the ri to appoint two members to the Board. 5* Maplewood's Ri and obli Maplewood's ri and obli shall be as follows: (a) If, at an time, anticipated Pled Revenues are insuffici to make scheduled Bond pa Maplewood shall, at the re of Oakdale, pa to Oakdale one third of the amount of an such deficienc pursuant to Section 8. M pled its full faith and credit to the performance of this g eneral obli and Maplewood shall p r ovide in its bud each y ear for its share of an anticipated deficienc in the Pled Revenues available for scheduled Bond pa If necessar Maplewood will lev a: on taxable propert within its boundaries, without 11.1mitation as to rate or amount, to fund such bud item. Ma'plewood's obli under this para (a) shall be e b a g eneral obli bond delivered to Oakdale i such form as bond counsel for Oakdale shall reasonabl ro q uire. t 7 294434.3 07--19 -1995 1 FROM CITY i :iF OAKDALE TO 9 r 0 4506 P. f. ( Pursuant to Section 8, Maplewood shall annually allocate funds to the Board in an amount sufficient to pay 1/3 of any projected shortfall in annual revenues available for the operation and maintenance (excluding interest on the Bonds) of the Joint Ice Arena and shall provide in Maplewood' s budget each year for 1/3 of any such projected annual shortfall in annual revenues. Annual revenues available for the operation and maintenance of the Joint Ice Arena shall be determined after the application of any annual revenues which constitute Pledged Revenues to .3 scheduled Bond payments. If necessary, Maplewood shall levy a�'tax on the taxable property within its boundaries, subject to any levy limit laws, to fund Maplewood's obligation under this Section 5(b) (c) Maplewood shall have the right to appoint two members to the Board. 6�­ School District's Ri ht and Obligations. The School Di.stri t' s rights and obligations shall be as follows: (a) If, at any tame, P ledged Revenues are insufficient to make scheduled Bond payments, the School District shall, at the request of Oakdale, pay to Oakdale one third of the amount of any such deficiency. The School District pledges its full faith and credit to the performance of this general obligation and the School District shall provide in its budget each year for its share of any anticipated def iciency in the Pledged Revenues available for scheduled Bond payments. If necessary, School District will levy a tax on 294434.3 8 07-19-1995 io: 17AM FROM CITY OF OAKDALE TO 97704506 P.10 taxable propert within its boundaries, without limitation a to rate or amount, to fund such bud Item. The School D obli under this para (a) shall be eridenced b a, obli bond delivered to Oakdale in such form as bond counsel for Oakdale shall reasonabl 0 r (b) Pursuant to Section 8, the School District shall annuall allocate funds to the Board in an amount sufficient to pa 1/3 of an projected shortfall in annual revenues a for the operation and maintenance (excludin interest on the Bonds) of the Joint Ice Arena and shall provide in the School District's bud each y ear for 1/3 of an such projected annual shortfall in annual revenues. Annual revenues available for the operation and maintenance of the Joint Ice Arena shall be determined after the application of an annual revenues which constitute Pled Revenues to scheduled Bond pa If necessar the S c hool District shall lev a tax on the taxable propert within its boundaries, subject to an lev limit laws, to f the School District's obli under Section 5(b). (c) The School District shall conve an undivided one third interest in the Propert to Maplewood and Oakdale, and thereafter, the School District, Oakdale and Maplewood shall each own an undivided one third interest in the Propert su bject to the terms of this A At the time the School, District conve the undivided interests in the P r opert y to Oakdale and Maplewood, the Propert shall be 294434.3 9 07-19-1995 40: 18AM FROM CITY OF OAKDALE TO 9??04506 P.11 f r'ee of all encumbrances except for encumbrances acceptable to',' the School District, Oakdale and Maplewood. (d) The School District shall have the ri to appoint two members to the Board. (e) The School District shall contract with the Board to mana the Joint Ice Arena, 71 Allocation- f Revenues,, The revenues from the Joint Ice Arena shall be first used to fund scheduled repa of the Bonds and secondl to fund the operation and maintenance of the Ice Ar If revenues from the Joint Ice Arena exceed amounts necess to fund scheduled repa of the Bonds and the operat and maintenance of the Ice Arena, the Joint Powers Board ma elect either to invest the excess revenues in one or more r funds established to fund future scheduled repa of the Bonds, future operation and maintenance expenses repair and replacement expenses or improvements to the Joint Ice Arena or ma to distribute,the excess revenues to the School Distript, Maplewood and Oakdale with each entit receivin one third, of an distributed revenues, 8 Estimation of Deflcienci.es and Timin of Payment, [IN THIS SECTION WE NEED TO PROVIDE A MECHANISM WHEREBY THE BOARD DISTRICT WILL, ON AN ANIIUAL BASIS, ESTIMATE THE REVENUES FOR THE FOLLOWING YEAR AND THE AMOUNT NECESSARY TO FUND SCHEDULED REPAY- MENTS of THE BONDS AND MM THE OPERATION AND MAINTENANCE OF THE ICE AR PROVIDE FOR MAPLEWOOD'S AND THE SCHOOL DISTRICT'S PAYM EN T OF ANY PROJECTED SHORTFALL IN THE AMOUNT NECESSARY TO REPAY THE BONDS TO THE CITY OF OAKDALE; PROVIDE FOR OAKDALE'S, 294434.3 10 VJ?-19-1995 ' 1 0: 1 BAM FROM CITY OF OAKDALE TO 9 ?? X450 P.12 MAPLEWOOD S. AM THE SCHOOL DISTRICT'S PAYMENT TO THE BOARD OF ANY PROJECTED AMOUNT NECESSARY TO MEET OPERATION AND MAINTENANCE EXPENSES; AND PROVIDE FOR A MECHANISM OF INVESTING THE AMOUNTS SO PAID 3:H THE EVENT THE ESTIMATES ARE INACCURATE. 9 f * Fiscal Year. The Board's fiscal y ear shall run from to 16. Waiver of Partition. The Parties, each hereb irrevo waive an and all ri to maintain an action for part itlon as to each part s undivided interest in the Propert 3A. Sal A nd Encumbrance. A Part ma not voluntaril sell, transfer, lease, mort encumber or otherwise dispose of an interest in the Propert without the prior written consent of each other Part The Parties ma mutuall a to sell or encumb the entire Propert or an portion thereof at an time provided the terms and conditions of such sale or encumbrance are set forth in a written a which all Parties execute. If the Par',''ties a to sell the Propert or use the Propert as securit for a loan or other advance mone the proceeds of the sale of the Propert or the proceeds of the loan shall be used and applied in a manner set forth in the a amon and between the three Parties. 12,o IpLvo1un Transfers. If all or an portion of the fract l o nal interest in the Propert of an Part is transferred to a third part or comes under the ownership or control of anothe ; r part (a "Transferee") b reason of appointment of a receiver for the benef it of creditors, adjucation of bankruptc attachinent or lev b an creditor, foreclosure, operation of law 294434.3 07-19-1995 0 : 19AM FROM CITY OF OAKDALE TO � 9 7 ;'G_t4506 P.13 or any involuntary means, the remaining co- tenants shall have the exclusive right to purchase such fractional interest in the Property from the Transferee as follows r (a) Upon the mutual agreement of the remaining co- tenants and the Transferee, but if they do not meet reach a mutual agreement within 30 days following the exercise of the remaining co- tenants' rights hereunder; then (b) The purchase price to be paid by the remaining co- tenants shall be equal to the lesser of: ( i ) the fair market value of the Property as established by an appraisal conducted by a qualified real estate appraiser mutually selected by the remaining co- tenants and the Transferee-, If the remaining co and the Transferee cannot agree upon an appraiser, then the remaining co- tenants and the Transferee shall, each appoint one appraiser who shall have at least five years experience as a licensed real estate appraiser, If the two appraisers cannot agree upon the fair market value, they shall jointly choose a third appraiser and the decl.sion of any two of the three appraisers as to the fair market value shall be binding upon the parties. If no two appraisers can agree upon a fair market value the fair market value shall be deemed to be the average of the fair market value as determined by the three appraisers. The expenses of each appraisal 294434.3 12 07-19-1995 '10: 20W FROM CITY OF OAKDALE TO 97704506 P.14 conducted in accordance with this provision in this para shall be borne e b the co- tenants and the Transferee; or (ii) the amount of an lien which g ave rise to such involuntar transfer. The remainin co-tenants ri to purchase hereunder ma be exercised within six months followin the involuntar transfer, b written notice to the Transferee. Under no 0 circumstances shall an Transferee be entitled to possession of the Propert or an portion thereof or to assert an claim for rent or other income from possession or use of the Propert 13, Termination. This Joint Powers A shall terminate upon the sale of the Propert pursuant to Section 10. The proceeds of a sale of the Propert shall be used first to repa or provide for the subse repa of the Bonds and second to pa an other debts or obli of the Joint Powers Board. An funds remainin after the repa or provision for the repa of the Bonds and pa of an and all other debts and obli the Joint Powers Board shall be divided e amon r the three parties. If the proceeds of the sale of the Proper are not sufficient to repa the Bonds and repa an and all obli of the Joint Powers Board, the parties shall each contribute one-third of the amount necessar to repa or provide for the repa of the Bonds and pa all debts and obli of the Joint Powers Board. This Joint Powers A shall terminate at such time as the Propert has been sold, the 294434.3 13 Wi-19-1995 1.0: 20AM FROM CITY OF OAKDALE TO 97704506 P.15 proceeds of the sale have been used to repa or provide for the repayment of the Bonds and pa all debt and obli of the Joint Powers Board and an remainin cash has been distributed e amon the three parties to this A or the three partie to this A have each contributed one third of the a 'necessary to repa or provide for the repa of the Bonds or to pa an debts or obli of the Joint Powers Board which were not funded from the sale proceeds. 14 Def ault. If an part defaults in the performance of its obli under this A the non defaultin parties, either'jointl or individuall ma commence an action in Washington -count District Court to compel the defaultin parties specif 1"C performance of its obli under this a or to recover dama In an such action the nondefaultin parties shall be entitled to recover its actual attorne fees and Costs 1S. Effective Date. This A shall be effective as of the; da of CITY OF OAKDALE By Its Ma By Cit Administrator 294434.3 14 07-19-1995 10 21 AM FROM CITY OF OAKDALE TO 9??04506 P.16 CITY OF MAPLEWOOD B Its Ma B Cit Administrator INDEPENDENT SCHOOL NUMBER 622 B Chair B Clerk 294434.3 15 TOTAL P - 16 Action by Council: MEMORANDUM Endorse Modifie TO City Manager Date FROM: Thomas Ekstrand, Associate Planner SUBJECT: Staff Appeal -- Home Depot and Cub Foods LOCATION: White Bear Avenue, Highway 36, Ariel Street and 11th Avenue DATE: July 17 , 1995 INTRODUCTION On June 27, 1995, the community design . review board (CDRB) reviewed a request by Greg Madsen of Ryan Construction. Mr. Madsen requested CDRB approval to use plain -face concrete block on the east and north elevations of Home Depot and the east and south elevations of Cub Foods at the Maplewood Retail Addition. Mr. Madsen felt that the CDRB and city council were aware of this material based on his earlier presentations at meetings. The council's approval, however, referenced the plans showing rock -face concrete block. Refer to the attached memo. CDRB's Motion On June 27, the CDRB moved to allow the plain block if the grading on site met the approved grading plan. The approved grading plan showed a 30- foot -tall hill behind Home Depot and part of Cub Foods. Refer to the motion on page 10. . Staff's Appeal Staff is appealing this motion. The backs of both buildings, as well as the adjacent end elevations, would still be visible to a certain degree. The back of Cub Foods, especially, would be very visible since the tall slope would only hide the south end of the building. Rock -face block is not much of an upgrade over plain block. The CDRB typically considers it a minimal exterior material to use when concrete block is proposed. RECOMMENDATION Override the CDRB's motion. This would require rock -face concrete block on the east and north elevations of Home Depot and the east and south elevations of Cub Foods as proposed on the approved plans date - stamped March 31, 1995. p:secl 1 \homedepo. mem Attachments: 1. Memorandum dated June 22, 1995 2. June 27, 1995 CDRB Minutes MEMORANDUM TO: City Manager FROM: Thomas Ekstrand, Associate Planner SUBJECT: Building Elevations Clarification — Home Depot and Cub Foods LOCATION: White Bear Avenue, Highway 36, Ariel Street and 11 th Avenue DATE: June 22 31 1995 INTRODUCTION Greg Madsen, of the Ryan Companies, is asking that the community design review board clarify their motion regarding the exterior elevations for Home Depot and Cub Foods at the Maplewood Retail Addition. As Mr. Madsen's letter explains (see page 5), he proposes plain concrete block on the east and north sides of Home Depot and the east and south sides of Cub Foods. The approved plans showed rock - face concrete block. Mr. Madsen feels it was the board's intent to allow the plain block since he mentioned it at the April 11 meeting. Refer to the minutes on pages 6 -8. Plans will be available at the meeting. DISCUSSION Mr. Madsen discussed the use of plain concrete block with the CDRB on April 11. The discussion in the minutes, however, does not state that the board supported this change. The motion clearly did not support the change. Whether by intention, or by oversight, it is unclear. Staff supports the rock -face block as shown on the approved plans. The back side of both buildings, as well as the adjacent end elevations, would still be visible to a certain degree. Rock -face block is not much of an upgrade over plain block. The CDRB typically considers it a minimal exterior material to use when concrete block is proposed. Appeals The applicant should be aware that the city code requires a 15 -day appeal period after any CDRB decision. This means that the city cannot issue the building permit until this appeal period runs out. Anyone may appeal the CDRB's decision. Appeals must be received by the community development department within 15 days of the board's motion to be considered. We would then schedule this request for city council review. RECOMMENDATION Take no action.. This would require rock -face concrete block on the east and north elevations of Home Depot and the east and south elevations of Cub Foods as proposed on the plans date- stamped March 31, 1995, approved by the CDRB on April 11, 1995 . p: \sec 1.1 \homedepo.mem Attachments: 1. Location Map 2. Site Plan 3. Applicant's letter dated June 22, 1995 4. CDRB minutes dated April 11, 1995 2 Attachment 1 AVE. glum AVE. 13 EAW lo �^ MAP NA E1N AVE . , •• , .: �• .: .. . RADA TZ AVE . AV '' • ♦ , 1 • 9 N Pte, _ ORTH SA/NT COUWY rA COURT �n W KOHLf�N � Z = W � � • ' @ @ tEl > 0 o o J , EDGEHILL RD • DEIMtONT AVE. KS AVE t BROOKS Q. AvE. Eti' f • Ea TANT z AVER . S v < G l' RVAI S • V A VE. i •' W DR. CASTLE Ati'E Kn T% ad Lo k• ar , • • Z AVE, COPE AVE. ! �' • C7 G LARK AV E. .� • �� a. LAU RIE �n LAU . • RD. t lw�roo�t LAURIE RD �,, V �5 Z pa �.. o 1700 AVE. o W v v �' . Z - E "• Y Co. RD. > e Tim o BURKE AVE. 6S �' g Ott A HARRIS AVE.�•••• ROSEWOOD AVE. N. • • ROSEWO D RwSEY C OUNTY • ' Nu Si t�OwE M0 %v � AVE. S. A GROUNDS :: . NORTH SA/P . ,ate � , •, • , - • •• AW. 11LDAfCN ' CoWDRfCl� ... • • • . �n MOLL OWAY LOCATION MAP SITE • 3_ Attachment 2 .. - •o , L III �a AAWO ./� lw ira - - � / /.V r te. aT/ _ 1a• �� �a • .• • '•• :a rr �i �j .. • ,L P .. t • �" /ate /�� a �r� .r • JK .�,► �T '•r a V ft GROCERY Ib •• ■ 4 t •r III ' s ^ ^� P" IOU NUNN V •a ai a 1 • . �� f. ,A6 4 • �a•.o•.�• ' •• •• Ii:.ila .F..s�` �1',��:j'' ► '. =��;• *►�� . . "'•r�alj - .r .. a .. A m L 0 AWA A W41'. --� ► �► d tA ` .. . . .� aT V •• " H CARE 1 in CENTE �L • r r �' �, n A ala �f' • •�� - f• 1 . _ �_ _ 'fa.. r\ ':•• Aff ►�* ,L� /t<7s•`�'IAT�'i ��. �'= .._ V' .� i �� + , +` _. SITE PLAN 4 4 N SENT BY :RYAN COMPANIES 6 -22 -95 ;11 "08AM MINNEAPOLIS, MN,-► 612 770 45064 1 Ryan Companies 1IN1 Ir,ti•r1t.�tit >ii;s) (:�'11t1+• Attachment 3 RYAN it1i�,u•;if���l�. M� 5.:�t12- :�3ti Building Unthia Rdatiunxhip ai June 22, 1995 Tom Ekstrand Associate Planner City of Maplewood 1830 East County Road B Maplewood, MN 5 5 109 RE; MAPLEWOOD RETAIL DEVELOPMENT ._ MA PLEwOOD, MN _ Dear Tom: As per our discussions, and as per your - meeting minutes of the Maplewood Conunity Design Review Board meeting, it was our intent to finish the east and north elevations of IIome Depot and the south and east elevations of Cub Foods with painted concrete block. This is the scenario which I presented to the City Council on April 24, 1995 and consequently was approved. Please contact me with any questions. S incerely, r IN4 Gregory E. Madsen Senior Project Architect c: Bill McHale Tom Palmquist 5 J:7DE310NIQ&MIMAPWDAB't1BK ST6n.D0C Des t�itilc� lit•ail Estatr D�•x•i•Ic���i� ent �'r«��c•rt� �t:��i;s�;�•�i�� ►i�t • W(lival listiltlings + ��'asw �tsiicspallit�iit Attachment 4 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA APRIL 11, 1995 i\ CALL TO ORDER airperson Erickson called the meeting to order at 7 p.m. II. ROLL ALL Marvin Eric on Present Marie Robins Present Ananth Vidyasha ar Present Gordon Berggren Present III. APPROVAL OF MINUT A. March 28, 1995 Boardmember Robinson mov , pproval of the minutes of March 28, 1995, as submitted. Boardmember Vidyashan r secori�d. Ayes -all IV, APPROVAL OF AGEN Boardmember RoXnson moved approval of the a1&enda. BoardmembpKVidyashankar seconded. Aye's V. UNFINI,8fiED BUSINESS Tb4re was no unfinished business. VI. DESIGN REVIEW A. Building Elevations, Comprehensive Sign Plan and Rooftop Equipment Screening Waiver — Maplewood Retail Addition Greg Madsen, the project architect for Ryan Companies, was present representing Home Depot, Cub Foods, Petsmart and Boston Market. Mr. Madsen said extra aesthetic changes were added to the plans and he wanted to explain these additional items. In an effort to carry the building design throughout the center, all the pylon signs will have a blondish rock - base block foundation with a brick cap. The entire element of the Home Depot box sign is back -lit, not individually -lit letters. Boston Market would dike to change their wall - sign location from the south to the north side. Home Depot has changed their design to include a brick base and some brick bands that would match the other buildings in the development. The east and north elevations will be painted concrete block. The Cub Foods' south and east elevations will be painted concrete block. Mr. Madsen showed samples of earth -tone dryvit that would be used for the sign backs. D Community Design Review Board -2- Minutes of 04 -11 -95 Since screening from the east side would be ineffective, Mr. Madsen suggested using a mechanical unit that is primed with an earth -tone paint color that matches the building. If the unit is painted by the contractor, an electrostatic -type paint would be used. In summary, Mr. Madsen stated that. all buildings will be of the same materials and detailing to provide cohesion throughout the project. Mr. Madsen then answered questions from the board about the plans. He also said they could comply with staff recommendations. Roger Anitzberger, a former member of the Community Design Review Board, commented that, according to his recollection, earlier plans submitted to the board in November showed front elevations that were more attractive and .contained more brick. Mr. Anitzberger suggested the board ask for a 24" x 36" color photograph of a similar building in Plymouth, Minnesota in order to get a full impact of the yellow /orange and red colors being used. Boardmember Robinson moved the Community Design Review Board recommend: 1. Approval of the architectural plans date- stamped March 31, 1995, for the Maplewood Retail Addition, subject to the developer meeting the following conditions: a. Revise the brick design on Home Depot for staff approval to match the brick detail shown on Petsmart. b. Submit the video store building elevations to the CDRB for approval. c. Reduce the amount of red on Cub Food with the revised scheme to be submitted to staff for approval. 2. Approve the comprehensive sign plan for the Maplewood Retail Addition with the following conditions: a. Signage shall be installed, as shown on the plans stamped by the city March 31, 1995. Staff may approve changes if the sign size's and design are compatible with other signs within this shopping center and comply with code. Additional tenant signs, such as TCF on Cub Foods, may be approved by staff. b. All wall signs shall be internally -lit, individual letter signs with the exception of Home Depot's cabinet sign. c. The 40- foot -tall pylon signs shall be setback 45 feet from street right -of -ways to meet setbacks. d. This plan allows Cub Foods and Home Depot to display their store identification on each other's site since: (1) The number of pylon signs in the shopping center, as a whole, is under the maximum allowed by the code. Seven are proposed —the code allows nine. (2) The use of sign space on each others sign does not increase the number of signs. 7 Community Design Review Board -3- Minutes of 04- 11 - 95 3. Waive the screening requ irement from the east for the rooftop mechanical equipment on Cub Foods and Home Depot because: a. It would not improve the building's appearance or affect property values. b. The grade elevation of the adjacent land to the east would be higher than the top of these buildings making the screening ineffective. c. The developer shall meet the following conditions: (1) Paint the new mechanical equipment to match the uppermost part of the building. (code requirement) (2) Submit the roof - equipment screen plans for the west, north and south sides of Cub Foods and Home Depot to staff for approval. Boardmember Berggren seconded. Boardmember Vidyashankar amended item 1. c. of the above motion to read: "Reduce the amount of red on Cub Food with the revised scheme to be submitted to the CDRB for approval. Boardmember Berggren seconded. Ayes — Erickson, Vidyashankar, Berggren Nays — Robinson After voting on amended Item 1 .c., Boardmember Vidyashankar moved the Community Design Review Board recommend the above motion, including amended Item 1.c. Boardmember Berggren seconded. V11� VISITOR PRESENTATIONS Th were no visitor presen ions. VIIL BOARD ESENTATI S April 10 City C !X. STAFF PRESI Ayes - Erickson, Vidyashankar, Berggren Nays— Robinson Meeting: Boardmember Vidyashankar reported. NTATIQN S Board �Mmber Representativg for April 24 City Council Meeting: Boardmember Berggren X. ApJOURNMENT The meeting adjourned at 8:33 p.m. n Attachment 2 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 EAST COUNTY ROAD B, MAPLEWOOD, MINNESOTA JUNE 27, 1995 1. CALL TO ORDER Chairperson Erickson called the meeting to order at 7 p.m. II. ROLL CALL Marvin Erickson Present Marie Robinson Present Ananth Vidyashankar Present Gordon Berggren Absent 111. APPROVAL OF MINUTES A. June 13, 1995 Boardmember Robinson moved approval of the minutes of June 13, 1995, as submitted. Boardmember Vidyashankar seconded. Ayes --all IV, APPROVAL OF AGENDA Boardmember Vidyashankar moved approval of the agenda as submitted. Boardmember Robinson seconded. Ayes —all V. UNFINISHED BUSINESS A. Building Elevation Clarification --Home Depot and Cub Foods Greg Madsen, senior project architect for Ryan Companies, said his intent, as indicated in the minutes of the April 11, 1995, community design review board propose meeting, was to ro g p p painted concrete block on the east and north elevations of the Home Depot and the east and .south elevations of the Cub Foods. The resolution approved by the city council indicates a rock -face block. Chairperson Erickson said he was concerned about the view of the buildings g from Highway 36. Mr. Madsen .assured the board that the color of the block would match the remainder of the building exactly. Boardmember Vidyashankar suggested extending the 99 9 banding, now on the south elevation, in rock -face or brick around the complete east side of the building. Mr. Madsen said they would be willing to work with this recommendation and he will check the colors that are available in the rock -face. Boardmember Robinson said her first preference was to require this elevation to be rock -face. Boardmember Vidyashankar said he preferred to see it all rock -face but Would accept p bandings of either brick or rock -face block on the entire east side and also the north side of Home Depot and the east side and south side of Cub Foods. The board discussed the elevations of the retail addition and the future multiple housin g area to the east. The board and applicant referred to the grading plan which showed approximately a 30 -foot grade change between the two areas. Mr. Madsen said he preferred to go with the painted concrete block if this grade berm is Constructed. Chairperson Erickson felt that, if the e rade change g W Community Design Review Board -2- Minutes of 06 -27 -95 exists and would be high enough to shield the remainder of the building, he would have no problem with the painted block. if there will be no berm, he would require the rock -face. Boardmember Vidyashankar moved the Community Design Review Board recommend that the east and the north elevation of the Home Depot and the east and south elevation of Cub Foods be completely rock -face block if the grading of the adjacent ro ert on the east side p p Y does not show a berm of approximately 30 feet, comparable to that shown in the grading plan of , 1995. The grading will be clarified by the architect and communicated to staff. If the elevation is confirmed to be approximately 30 feet, Boardmember Vid Y ashankar moved that the east and the north elevation of the Home Depot and the east and south elevation of Cub Foods shall be completely painted concrete block without banding. 9 Boardmember Robinson seconded. Ayes —all VI. DESIGN REVIEW A. Site and Landscape Plan Changes -- -First Evangelical Free Church Dennis Batty, the architect for the church, was present. Secretary Ekstrand said the church had proposed a landscaping plan in February 1995 and presented it to the board and city council. The council approved this plan but also included the code requirement for a 6 -foot- tall, 80 percent opaque screen in the recommendation. The church did the landscaping p 9 according to their plan, but did not include the screen. The church has now been working with the neighbors to complete this screen requirement but it is not 80 a ercent opaque. John p pq Gregerson, representing the church, said they had put in the 20 evergreens to provide a year - round screen. He said that this, with the addition of one more tree, is satisfactory with the neighbors. Boardmember Robinson moved the Community Design Review Board recommend: B. Approval of the revised plans (stamped May 24, 1995) for First Evangelical Free Church at 2696 Hazelwood Street. The applicant shall do the following: 1. Direct or screen lighting so it is not directly visible from any residential area or public street. Lighting shall not exceed one foot - candle at a residential property line. (Code requirement) 2. Repeat this review in two years if the contractor has not stated building the parking lot. 3. Install reflectorized stop signs at all exits, a handicap- parking sign for each handicap- p parking space and an address on the building. 4. Screen all roof - mounted equipment that will be visible from streets or adjacent property. Submit screening plans to the design review board for approval. (Code requirement) 5. Construct a trash dumpster enclosure as required by city code. The enclosure must match the building color. Submit plans for the enclosure to staff for approval. 10 AGENDA NO. S 2 AGENDA REPORT TO: City Manager FROM: Finance Director oa by (; l RE: PRELIMINARY APPROVAL OF 1995 IMPROVEMENT AND REFUNDING BONDS DATE: July 18,1995 It is proposed that the City Council (A) schedule a special Council meeting at 4:30 p.m. on Thursday, August 24th for a bid award on the 1995 bond issues, (B) adopt the attached resolution which provides preliminary approval for the sale of $915,000 General Obligation Improvement Bonds and (C) adopt the attached resolution which provides preliminary approval for the sale of $1,225,000 General Obligation Tax Increment Refunding Bonds. BACKGROUND The 1995 Improvement Bonds proposed to be issued total $915,000 and have a 20 -year term. The bonds will finance four projects that the Council has authorized. The projects and financing plans are listed on page 7 of the attached report from Springsted Incorporated. Two of the projects have a financing plan that require property tax levies to subsidize the special assessments levied for the projects. To minimize the impact of the annual property tax levies required for the bond issue, the levies have been structured to gradually increase over the life of the bond issue at the same rate as the tax base increases. The first levy of approximately $116 will be payable in 1998; the last levy of approximately $7,854 will be payable in 2015. The total tax levies over the life of the bond issue will be approximately $98,563. The refunding bonds will refinance the Tax Increment Bonds that were issued in 1989 to finance 17 park improvement projects. The outstanding - bonds for this issue total $1,175,'000 and have an average interest rate of 6.803 %. New bonds can be issued at an approximate rate of 5.189% to refinance this existing debt. The refinancing will save the City approximately $72,350 between the years 2000 -2009. The present value of these savings is $48,421. The attached 24 -page report prepared by Springsted Inc. provides additional information. It also recommends a bid award on the bond sale at a special Council meeting at 4:30 p.m. on Thursday, August 24th. Since there is a regular pre - agenda meeting on the same day at 4:30 p.m., the special Council meeting could be held prior to the pre - agenda meeting which has been the practice the past several years. RECOMMENDATION It is recommended that the City Council (A) schedule a special Council meeting at 4:30 p.m. on Thursday, August 24th for a bid award on the 1995 bond issues, (B) adopt the attached resolution which provides preliminary approval for the sale of $915,000 General Obligation Improvement Bonds and (C) adopt the attached resolution which provides preliminary approval for the sale of $1,225,000 General Obligation Tax Increment Refunding Bonds. P:1AGN195BONDS Recommendations For City of Maplewood, Minnesota $915,000 General Obligation Improvement Bonds, Series 1995A $1,225,000 General Obligation Tax Increment Refunding Bonds, Series 19956 Study No. M1408AKI SPRINGSTED Incorporated July 17,1995 Recommendations for City of Maplewood, Minnesota $915,000 General Obligation Improvement Bonds, Series 1995A EXECUTIVE SUMMARY This summary is intended. to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested 2. Type and Purpose of Offering 3. Principal Amount of Offering 4. Repayment Term 5. Source of Debt Service Revenues 6. Optional Redemption 7. Credit Rating Comments 8. Sale Date and Time 9. Award Date and Time To establish the date and time of receiving bids and establish the terms and conditions of the Offering. Proceeds of the issue will be used to finance four improvement projects within the City. $915,000 February 1, 1997 through 2016. Special assessments against benefited property and general ad valorem tax levies. Bonds maturing on or after February 1, 2006 will be callable on February 1, 2005 and any day thereafter at par. A Moody's rating will be applied for. Thursday, August 24, 1995 at 11:00 A.M. Thursday, August 24, 1995 at 4:30 P.M. Recommendations for City of Maplewood, Minnesota $1,225,000* General Obligation Tax Increment Refunding Bonds, Series 19956 EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering 3. Principal Amount of Offering 4. Repayment Term 5. Source of Debt Service Revenues 6. Optional Redemption 7. Credit Rating Comments 8. Sale Date and Time 9. Award Date and Time Proceeds of the issue will be used to refund the 2000 through 2009 maturities of the City's General Obligation Tax Increment Bonds of 1989 for interest cost savings. $1,225,000 February 1, 2000 -2009. Tax Increment income generated within the City's Housing District No. 1 -3 and Economic Development Districts No. 1 -2 and No. 1 -3. Bonds maturing on or after February 1, 2006 will be callable on February 1, 2005 and any day thereafter at par. A Moody's rating will be applied for. Thursday, August 24, 1995 at 11:00 A.M. Thurs August 24, 1995 at 4:30 P.M. Subject to change. 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101 -2143 612- 223 -3000 FAX: 612 -223 -3002 SPRINGSTED Public Finance Advisors July 17, 1995 Mayor Gary Bastian Members, City Council Mr. Michael McGuire, City Manager Mr. Dan Faust, Finance Director 1830 East County Road B Maplewood, MN 55109-2797 Re: Recommendations for the Issuance of: $915,000 General Obligation Improvement Bonds, Series 1995A and $1,225,000 General Obligation Tax Increment Refunding Bonds, Series 1995B We respectfully request your consideration of our recommendations for the issuance of the above -named bond issues in accordance with the attached "Terms of Proposal." We will discuss each of the issues separately and then items common to both. $915,000 General Obligation Improvement Bonds, Series 1995A The Improvement Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, with proceeds to be used to finance four improvement projects within the City. A listing of these projects is shown in the attached Appendix I, along with a breakdown of the other funds which will be used to cover project costs, including MSA funds and special assessment prepayments which have already been received. Appendix I also indicates the sizing of the bond issue and the revenue sources which will be used to make debt service payments on the bonds, consisting of special assessments and tax levies. Appendix II is the projection of assessment income. Special assessments for all four projects have already been filed and the amount of assessed principal shown in Appendix II is net of assessment prepayments received by the City to date, which prepayments have been used to reduce the amount of the bond issue. The assessments were filed over a 20 -year period in equal annual installments of principal, with interest on the unpaid balance charged at a rate of 7.00% for the assessments filed in 1995 and 7.50% for the assessments filed in 1994. This projection assumes the assessments will be paid over the normal course, and should additional prepayments be received, the use of those prepayments should be allocated for debt service over the life of the bond issue. Appendix III is the recommended cash flow for the bond issue. The bonds have been structured around the projected assessment income developed in Appendix II and with a tax levy requirement which will gradually increase each year as the City's tax base expands. The SAINT PAUL, MN MINNEAPOLIS, MN BROOKFIELD, WI . OVERLAND PARK, KS WASHINGTON, DC IOWA CITY, IA City of Maplewood, Minnesota July 17, 1995 bonds will be dated September 1, 1995, and will mature each February 1 from 1997 through 2016. Columns 1 through 6 of Appendix III show the years and amounts of principal and estimated interest due and payable on the bonds. Column 7 shows the 105% levy requirement as set forth by State statute. The 5% overlevy is a protection to the bondholder and to the City in the event 100% of the expected revenues are not received. Column 8 shows the projection of assessment income from Appendix II. Column 9 shows the net levy requirement which represents the City's share of project costs and Columns 10 and 11 indicate a slight surplus may be available in the first year of the program. Beginning with the first interest payment due on the bonds on August 1, 1996, each August 1 interest payment and the following February 1 principal and interest payment is expected to be payable from assessments and taxes levied each fall in the year prior to the August 1 payment date. Included in the principal amount of the issue is a provision for discount bidding in the amount of $11,895, representing 1.3% of the principal amount of the bonds. The discount provides the underwriters with all or part of their profit and /or working capital for purchasing the issue. It permits the underwriters to reoffer the bonds at or close to a par reoffering scale, and, in our experience, results in lower interest rates on the bonds. We recommend the bonds maturing on or after February 1, 2006 be callable on February 1, 2005, and any day thereafter, at a price of par and accrued interest. This call feature, representing $495,000, or approximately 54% of the bond issue, will permit a prepayment of those bonds should prepayments of assessments be received or if future market conditions warrant a refinancing of this issue. With the inclusion of the provision for discount bidding, this call feature should not impair the marketability of the bonds. $1,225,000 General Obligation Tax Increment Refunding Bonds, Series 1995B The Refunding Bonds are authorized under provisions of Minnesota Statutes, Chapters 469 and 475. Proceeds of this issue will be used to refund the 2000 through 2009 maturities, totaling $1,175,000, of the City's General Obligation Tax Increment Bonds of 1989 (the "1989 Bonds ") for interest cost savings purposes. The 2000 through 2009 maturities have interest rates ranging from 6.50% to 6.90 %. Based on current market conditions, it is our recommendation that the City proceed with a "crossover" refunding bond sale that would advance refund the callable maturities of the 1989 Bonds. We estimate, based on today's market, the new bonds could be sold at a net interest rate of approximately 5.19 %. The resulting savings to the City, net of all issuance costs including the discount, is estimated to be $72,350, for a present value savings of approximately $48,420. The 1989 Bonds were originally issued to finance capital and administration costs of the City's Development District No. 1. Debt service on the 1989 Bonds is being paid from tax increment income generated within the City's Housing District No. 1 -3 and Economic Development Districts No. 1 -2 and No. 1 -3. These same payment sources will be used to cover debt service payments on the Refunding Bonds subsequent to the refunding date for the 1989 Bonds. In a crossover refunding, the proceeds of the refunding (new issue) bonds are placed in an escrow account with the trust department of a major bank and invested in government securities. These securities and their earnings are structured to pay debt service on the new bonds through the call date on the 1989 Bonds (February 1, 1999) at which time the escrow account will "cross over" and pay the remaining principal on the 1989 Bonds by calling in all of the remaining bonds. The City will continue to pay debt service on the original issue through the call date of February 1, 1999. Beginning with the August 1, 1999 interest payment, the City Page 2 City of Maplewood, Minnesota July 17, 1995 will cross over and begin making debt service payments on the new issue, taking advantage of the lower interest rates. Attached as Appendix IV of these recommendations is a summary of the refunding. Schedule A of Appendix IV shows the existing debt service of the 1989 Bonds. Schedule B shows the amount of principal being called on February 1, 1999; and Schedule C illustrates the non - refunded principal and interest payments the City will make on the 1989 Bonds through the 1999 call date. Schedule D represents our recommended maturity schedule for this issue. - The Refunding Bonds will be dated September 1, 1995 and will mature February 1, 2000 through g 2009. Column 6 of Schedule E shows the estimated annual savings to the City accomplished by the refunding, averaging approximately $7,235 per year. The Refunding Bonds as now structured include all costs of issuance including the underwriter's discount and a pro -rated portion of the rating fee. All savings estimates are net of these costs. To account for the actual underwriter's discount on the Refunding Bonds, actual costs of issuance and actual interest rates bid, a provision has been included in the offering to permit the City, after the sale but prior to award, to increase or reduce the principal in any of the maturities in a total amount not to exceed $25,000 to offset any changes. As interest rates fluctuate, the amount of money needed in the escrow account also fluctuates. This makes it necessary to be able to adjust the principal amount of the issue. The City always reserves the right to cancel the sale of the Refunding Bonds if interest rates received are deemed unfavorable. Springsted Incorporated will monitor interest rates between now and the sale date and advise if interest rates are rising. Common to Both Issues Continuina Market Disclosure The Securities and Exchange Commission has finalized amendments to its Rule 15c2 -12 which prohibits broker - dealers from underwriting municipal securities of $1,000,000 or more unless the issuer has agreed in writing to provide annual disclosure of financial and operating information and to disclose material events when they occur. This Rule is effective for issues underwritten on and after July 3, 1995. Since these bonds are to be issued after that date, the City will be required to comply with the Rule in order for underwriters to bid on the issues. The agreement with the underwriter and bondholders, or the "undertaking," as it is called in the Rule, must be incorporated in the bond resolution for the issues or a separate disclosure agreement and in the final Official Statement. The undertaking will obligate the City to prepare and file with all nationally recognized municipal securities information repositories ( "NRMSIRs ") annual up -dated financial and operating information and the City's annual audited financial statements. As of now, there are five recognized NRMSIRs. The Rule uses the information in the final Official Statement as the benchmark for data to include in the secondary market disclosure report so that certain information provided in the Official Statement must be revised annually. Between now and the date of the sale, August 24, Springsted Incorporated will be working with City staff and your bond counsel to craft an acceptable undertaking which will either be incorporated in the resolution for the bonds, or drafted as a separate document, the "Continuing Disclosure Certificate," and which will also be included in the Official Statement for the issues. Book Entry We recommend the bonds be issued as "book entry only" bonds through the Midwest Securities Trust Company of Chicago. Under the - book entry system, the holders of the bonds will not Page 3 City of Maplewood, Minnesota July 17, 1995 receive printed bonds but will have only a record from the broker /dealer stating they are held by the depository. The use of the book entry system eliminates all costs to the City for printing physical bonds. Although the bonds are issued in book entry form, which also eliminates the need for a registrar, we recommend the City retain a registrar for a nominal fee to send the City reminder notices indicating the date and amount of the payments coming due and to act as an intermediary with the depository, should the need arise. Rat ing. The City is currently rated "Aa" by Moody's Investors Service. These issues will require a rating review in order to maintain the ratings on the City's outstanding bonds and to insure the high level of marketability for these issues. The rating agency fee has been pro -rated for each issue and included in the bond issuance costs. The rating fee will be billed directly to the City by Moody's. Federal Rebate — Arbitraae The bonds are subject to federal arbitrage regulations. One of the requirements includes rebating arbitrage profits to the U.S. Treasury. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S. Treasury. There are some exemptions to this rebate requirement for the Improvement Bonds, which include: (i) A small issuer exemption if the bonds are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 of tax - exempt obligations during the calendar year. (ii) A six -month exemption if all of the proceeds are expended within six months of bond issuance. (iii) An 18 -month expenditure test if at least 15% of proceeds are expended within six months, 60% within 12 months and 100% within 18 months. (iv) A two -year expenditure test if at least 75% of the proceeds of the issue are used for construction and if 10% is expended within six months, 45% within 12 months, 75% within 18 months and 100% within two years. The City expects to qualify as a small issuer under (i) above for the Improvement Bonds and therefore will be exempt from the reporting and rebate requirements. Although the City issued $8.2 million of Housing Revenue Bonds earlier this year, those bonds were "private activity" bonds subject to the Alternative Minimum Tax, and as such are not counted in the above exemptions. The Refunding Bonds qualify for exemption from arbitrage reporting and rebate requirements if all of the following requirements can be met: (i) the advance refunding issue itself does not exceed $5,000,000; (ii) the refunded issue was itself exempted from rebate when issued, or if issued prior to 1986 it was issued in a year when the issuer did not issue more than $5,000,000 of governmental obligations; (iii) the average maturity date of the refunding issue is not later than the average maturity date of the bonds to be refunded; and (iv) no refunding bond has a maturity date later than 30 years after the date the original bond was issued. The structuring of the Refunding Bonds meets the exemptions listed in items (i), (iii) and (iv). If the City failed to meet the "small issuer" exemption in 1989 (item ii), then the Refunding Bonds will be subject to arbitrage reporting and rebate. However, the City will not owe any rebate from investments because the refunding bond proceeds will be used to purchase yield restricted securities for the escrow account. Page 4 City of Maplewood, M_ innesota July 17, 1995 Debt service funds created to pay debt service on new issues are subject to yield restriction unless they fall under the definition of "bona fide" debt service funds described as follows. A bona fide debt service fund is defined as a fund for which there is an equal matching of revenue to debt service expense with a carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year.- A debt service fund can lose its bona fide status when investment earnings or prepayments of assessments are accumulated, which are in excess of semiannual debt service payments. It is important to monitor the debt service fund for the bonds to assure compliance with the regulations. Any portion in excess of a bona fide debt service fund must be restricted in yield to the yield on the bonds. Federal Reimbursement Regulations The U.S. Treasury has enacted reimbursement regulations to regulate issuers who wish to issue tax- exempt bonds to recover costs of prior expenditures. The reimbursement regulations require that if the issuer proposes to reimburse itself for expenses they paid prior to receipt of bond proceeds, it must have made a declaration of that intent within 60 days of the actual payment of the expense. There are exemptions for architectural and engineering fees and miscellaneous start -up costs. We understand the City has complied with the federal reimbursement regulations in regards to the Improvement Bonds. Economic Life_ of Financed Proiects The 1993 final arbitrage regulations brought all tax - exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds. The intent of this requirement is that the U.S. Treasury does not want bonds outstanding longer than is necessary, thus creating more tax - exempt bonds in the marketplace than are needed. The general safe harbor for assuring that bonds comply with the regulations is if the average maturity of the bonds does not exceed 120% of the economic life of the financed projects. Since the Improvement Bonds are being issued for infrastructure improvements which, under the U.S. Treasury guidelines have an economic life of 20 years, the Improvement Bonds are in compliance with this regulation since they have an average maturity of only 10.81 years. For the Refunding Bonds, the "financed projects" relate to the use of the original proceeds of the bonds being refunded. The 1989 Bonds were issued to finance infrastructure and park improvements, which, under the U.S. Treasury guidelines, would have an economic life of 20 years. The average maturity of the Refunding Bonds is 9.79 years. The time which has elapsed from the issuance date of the 1989 Bonds (November 1, 1989) to the issuance date of the new refunding bonds (September 1, 1995) is 5.83 years, which equals a total of 15.62 years. Therefore, the Refunding Bonds are also in compliance with the regulation. Bank - Qualified Obligations The Tax Reform Act also restricts the ability of banks to deduct tax- exempt interest as a carrying expense under certain circumstances in calculating their tax liability. Since the City does not expect to issue more than $10,000,000 of tax - exempt obligations in 1995 (and the Housing Revenue Bonds referenced earlier in these recommendations are not included in that calculation), these bonds will be designated as "qualified obligations." This qualification will help the marketability of the bonds. Sale Procedure Springsted Incorporated, together with Capital Guaranty Insurance Company, a municipal bond insurer, will again offer a surety bond service, "Sure- Bid," to underwriters in lieu of putting up a good faith check in order to bid on the bonds. In addition to allowing underwriters to submit Page 5 City of Maplewood, Minnesota July 17, 1995 their bids by mail or telephone, we will also allow them to submit bids through PARITY, an electronic bid filing process. Springsted has access to the bids via modem and will verify and tabulate the bids received to determine the winning bid for each issue. We have allowed for the use of Sure -Bid and PARITY in the Terms of Proposal for each issue, attached to these recommendations. We believe that the use of these bidding options may attract more bids for the bond sales, since it reduces administrative barriers for an underwriter to bid. There is no cost to the City for these services and Springsted does not have a financial interest in the use of Sure -Bid or PARITY. We recommend these bonds be offered for sale on Thursday, August 24, 1995, with proposals received at the offices of Springsted Incorporated at 11 :00 A.M. The proposals will then be verified for accuracy, and a compilation of such proposals will be presented to the City Council at its special meeting at 4:30 P.M. that evening for consideration of award. A representative of Springsted will attend the meeting to provide recommendations as to the acceptability of proposals received and to comment on the . procedures required for award. Bond proceeds will be available in late September.. Respectfully submitted, SPRINGSTED Incorporated mmc Page 6 �u M City of Maplewood. Minnesota $920.000 G.O. Improvement Bonds. Series 1995A Less: Less: Estimated Transfers Project Fund Project Description Costs 575 93 -02 T.N. 61 Frontage Roads 652,400 576 93 -08 Sterling /Valley View /Schaller 1,060,280 580 93 -14 Searle Street Storm Sewer 70,313 581 94-06 East Shore Drive Storm Sewer 55.725 (500,000) Totals 1,838,718 55,250 Plus: Costs of Issuance (28,211) 679,069 Plus: Underwriter's Discount 42,525 (12,963) Less: Estimated Investment Earrings _ Total Bond Issue (4,72 Less: Less: Transfers State Less: Years In From Aid Special Total Other Street Assessment Bond Funds Funds Prepayments Financing (31,470) (500,000) (13,564) 107,366 55,250 (353,000) (28,211) 679,069 7.50% 42,525 (12,963) 57,350 _ (3,750 (4,72 47 (31,470) (856,750) (59,463) 891,035 15,490 11,895 3 420 1 Revenue Sources Assessment Tax Special Filing Years Assessment Levy Assessments Dates Payable Rate 107,366 3-27-95 1996= 2015 7.00% 679,069 4-24-95 1996- 2015 7.00% 55,250 2,100 10-10-94 1995-2014 7.50% 42,525 4.72 10-10-94 1995-2014 7.50% 97.775 793.260 rn z 0 -4 x City of Maplewood, Minnesota $915 G.O. Improvement Bonds, Series 1995A PROJECTED ASSESSMENT INCOME Prepared July 17, 1995 By SPRINGSTED Incorporated Page 1 of 2 93 -02 93 -08 93 -14 Filing Date: 3/27/1995 Filing Date: 4/24/1995 Filing Date: 10/10/1994 Filing Collect Interest Interest Interest Year Year Principal @ 7.000% Total Principal @ 7.000% Total Principal @ 7.500% Total 1994 1995 105 193a 298 1995 1996 5 13 18 33,953 80,353c 114 105 150 255 1996 1997 5 7 12,508 33 45 79 105 142 247 1997 1998 5,368 6 12 33 42 76,734 105 134 239 1998 1999 5,368 6,388 11,756 33,953 40,405 74,358 105 126 231 1999 2000 5 6 11 33 38,028 71 105 118 223 2000 2001 5 5 , 637 11 33 35 69 105 110 215 2001 2002 5 5 10 33 33,275 67,228 105 102 207 2002 2003 5 4 10,253 33,953 30,898 64 105 95 200 2003 2004 5 4 9 33,953 28 62 105 87 192 2004 2005 5 4 9 33,953 26 60 105 79 184 2005 2006 5 3 9 33 23 57 105 71 176 2006 2007 5 3 8 33,953 21 55 105 63 168 2007 2008 5 3 8 33 19 52 105 55 160 2008 2009 5 2 , 631 7 , 999 33 16 50 105 47 152 2009 2010 5 2 7 33,953 14 48 105 39 144 2010 2011 5 1 , 879 7 33 , 953 11 45,837 105 32 137 2011 2012 5 1 6 33,953 9,507 43,460 105 24 129 2012 2013 5 1 ,128 6 33 , 953 7 41 105 16 121 2013 2014 5 752 6 33 4 38 , 707 105 8 113 2014 2015 5 , 374 376 5 33 , 962 2,377 36 , 339 TOTALS 107 84 192,050 679,069 531,939 1,211,008 2,100 1,691 3 rn M z 0o b) Includes interest from filing c) Includes interest from filing a) Includes interest from filing 0 X date to 12/31/1996. date to 12/31/1996. date to 12/31/1995. _ T cQ rD City of Maplewood, Minnesota $915,000 G.O. Improvement Bonds, Series 1995A PROJECTED ASSESSMENT INCOME Filing Collect Year Year 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 TOTALS 94-06 Filing Date: 10/10/1994 Interest Principal @ 7.500% Total 236 435a 671 236 337 573 236 319 555 236 301 537 236 284 520 236 266 502 236 248 484 236 230 466 236 213 449 236 .195 431 236 177 413 236 160 396 236 142 378 236 124 360 236 107 343 236 89 325 236 71 307 236 53 289 236 36 272 241 18 259 4 - 3 8 a) Includes interest f rom f iling date to 12/31/1995. T O T A L - - - - - Principal Interest Total 341 628 969 39 94021 133,783 39 52 92 39 49 , 980 89 , 642 39 47,203 86 , 865 39,662 44,425 84,087 39,662 41 81 39 38,868 78 39,662 36 75 39 33 72,975 39 30 70 39 27 67,419 39 24,978 64 39 22,200 61,862 39,662 19 59 39 , 662 16 56,306 39 13 53 , 528 39,662 11 50,749 39 8 47 39 5 45 39,336 2 42,089 793,260 622,119 1 Prepared July 17, 1995 By SPRINGSTED Incorporated Page 2 of 2 City of Maplewood, Minnesota $915,000 G.O. Improvement Bonds, Series 1995A Prepared July 17, 1995 By SPRINGSTED Incorporated Dated: Cumulative 9- 1-1995 Surplus (10) (11 ) 2 2076 0 Mature: 0 2- 1 0 0 0 0 0 0 First Interest: 8- 1 -1996 0 0 0 0 0 .0 0 0 0 0 0 Total 0 Projected Cumulative Year of Year of 0 0 0 Principal 105% Assessment Net Levy Mat. Principal Rates Interest & Interest of Total Income Requirement ( ( ( ( ( ( ( ( (9) 1995 1997 60 4.00% 65,340 125,340 131 133,783 0 1996 1998 45,000 4.15% 43 88 93 92,421 0 1997 1999 45 4.30% 41 86 91,197 89 116 1998 2000 45 4.45% 39 , 919 84 89 86 , 865 2 , 300 1999 2001 45 4.55% 37 82 87 84 2 2000 2002 45,000 4.65% 35,868 80 84 81 3 2001 2003 45 4.75% 33,775 78 82,714 78 4,184 2002 2004 45 4.85% 31,637 76,637 80 75 4 2003 2005 45 4.95% 29 74,454 78,177 72 5 2004 2006 45 5.10% 27 72 75 70096 5,641 2005 2007 45 5.20% 24 69,931 73 67,419 6 2006 2008 45 5.30% 22 67,591 70 64 6 2007 2009 45,000 5.40% 20,206 65 68,466 61 6 2008 2010 45 5.50% 17,776 62,776 65 59,085 6 2009 2011 45 5.60% 15 , 301 60 , 301 63 56,306 7 2010 2012 45,000 5.65% 12 57,781 60 53,528 7 2011 2013 45 5.65% 10,238 55,238 58 50 7 2012 2014 45 5.70% 7 52 55 47 7 2013 2015 45,000 5.70% 5,130 50,130 52,637 45,199 7,438 201' 1 4 2016 45 5.70% 2 47 49 42,089 7,854 TOTALS: 915 525,925 1 1 1 98,563 Bond Years: 9,846.25 Annual Interest: 525 Avg. Maturity: 10.76 Plus Discount: 11 895 ' rn Avg. Annual Rate: 5.341% Net Interest: 537,820 0 T.I.C. Rate: 5.455% N.I.C. Rate: 5.462% Annual Cumulative Surplus Surplus (10) (11 ) 2 2076 0 1,439 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A M Z v Interest rates are estimates; changes may cause significant alterations'of this schedule. The actual underwriter's discount bid may also vary. APPENDIX IV Maplewood, Minnesota G.O. Refunding' Bonds, Series 1995 Full Crossover Advance Refunding of G.O. Tax Increment Bonds of 1989 Even Annual Savings Structure Issuer Funds Required: $0.00 Date of Bonds: 09/01/95 Delivery Date: 09/26/95 Refunded Call Date: 02/01/99 1 st Callable Date: 02/01/2000 Comparison: Refunded Refunding Principal: 1,175, 000 1 Bond Years: 11,679.58 11,990.42 Avg. Maturity: 9.940 9.788 N IC: 6.8030/o 5.189% ....... av :.....:s :::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: ...................... ................. A. ....... . .. ... .................. ..... ..... s r... r n :: ::: :::: : ::: : : : ::::::::::::::::.: ::. 4 � ::: : ......... ....................... ........................ :...::::.:: a. . . ......... .................� , , r................................... ...................�.•......... . ................... ................................. ...... :445% ............................................. ;6:::: i:::: ........ ............... .. . ........................................ ............................................................................. ........... Prepared: 07/14/95 By SPRINGSTED Incorporated Page 11 Maplewood, Minnesota G.O. Tax Increment Bonds of 1989 Existing Debt Service Schedule A Prepared: 1 07/14/95 By SPRINGSTED Incorporated Date Principal Rate Interest Semi - Annual Annual 02/01/96 08/01/96 25,000.00 6.2006 43,913.75 68,913.75 68,913.75 02/01/97 30,000.00 6.2506 43,138.75 43,138.75 43, 138.75 73,138.75 116 08/01/97 42,201.25 42,201.25 ,277.50. 02/01/98 08/01/98 35,000.00 6.3006 42,201.25 77,201.25 119,402.50 02/01/99 40,000.00 6.4000 41, 098.75 41,098.75 41, 098.75 81,098.75 122,197.50 97.50 08/01/99 39,818.75 39,818.75 02/01/2000 08/01/2000 50,000-00 6 .500 0 39,818.75 89,818.75 129,637.50 .50 02/01/2001 55,000.00 6.6006 38, 193.75 38,193.75 38, 193.75 93,193.75 131,387.50 08/01/2001 36,378.75 36,378.75 02/01/2002 08/01/2002 60,000.00 6.650-06 36, 378.75 96, 378.75 132 757.50 ' 02/01/2003 100, 000 .00 6.700-06 34,383.75 34, 383.75 34,383.75 134, 383.75 . 168 767 08/01/2003 31, 033.75 31, 033 .75 .50 ' 02/01/2004 125, 000.00 6.750- 31, 033.75 156, 033 .75 187,067.50 08/01/2004 26, 815.00 26, 815.00 02/01/2005 140, 000.00 6,750-06 26, 815.00 166, 815.00 193 630.00 08/01/2005 22,090.00 22,090.00 ' 02/01/2006 155,000.00 6.8006 22,090.00 177,090.00 199 180.00 08/01/2006 16, 820.00 16, 820.00 ' 02/01/2007 170, 000 .00 6.800-0-o- 16, 820.00 186, 820 .00 203,640 .00 08/01/2007 11,040.00 11,040.00 02/01/2008 185,000.00 6.9000 11,040.00 196,040.00 207 080.00 08/01/2008 4 4 02/01/2009 135, 000 .00 6.900- 4, 657.50 139, 657 .50 144,315.00 Totals Bond Years: Avg. Mat..: NIC • 1, 305, 000.00 11,953.75 9.160 6.7920 819,253.75 2 2 , 124 , 253.75 All lower calculations Refunded Bonds Only are made from the date Avg. Mat..: 9.94 of the refunding bonds NIC ....... : 6.803 Page 12 Maplewood, Minnesota G.O. Tax Increment Bands of 1989 Refunded Principal and any Call Premium Schedule B Date Principal Premium 02/01/99 1 1 175,000.00 Prepared: 07/14/95 By SPRINGSTED Incorporated Semi - Annual Annual 1 1 Totals 1, 175, 000.00 1 1 Call Date.............: 02/01/99 This portion will be paid by the escrow. First Date Called.....: 02/01/2000 The escrow will also pay the interest on Call Premium..........: the refunding bonds thru the call date. Page 13 Maplewood, Minnesota G.O. Tax Increment Bonds of 1989 Non - Refunded Principal and Non- Refunded Interest Schedule C Date Principal Interest Prepared: 07/14/95 By SPRINGSTED Incorporated Semi - Annual Annual 02/01/96 2 25,000.00 4 43,913.75 6 68,913.75 6 68,913.75 Totals 130, 000 .00 296, 791.25 426, 791 .25 426, 791.25 Call Date .............: 02/01/99 This portion will be paid by the issuer. First Date Called.....: 02/01/2000 The issuer will also pay debt service on Call Premium..........: the refunding bonds after the call date. Page 14 Maplewood, Minnesota G.O. Refunding Bonds., Series 1995 Refunding Debt Service Prepared: 07/14/95 By SPRINGSTED Incorporated Totals Bond Years: Avg. Mat..: NIC • Annual 87,004.58 61, 415.00 61, 415.00 121,415.00 123,745.00 125,787.50 162, 532 .50 177, 307.50 186, 002 .50 193,825.00 195,665.00 201, 825.00 137, 020.00 1 09/01/95 09/26/95 5.067010 Page 15 1 225, 000.00 11,990.42 9.788 5.189% 609 * Paid by escrow. All other payments made by the issuer. 11834,959-58 Bond Date.: Delivery • Bond Yield: .Schedule D Date Principal Rate Interest Semi - Annual 08/01/96 56,297.08 56,297.08 02/01/97 30, 707.50 30, 707.50 08/01/97 30,707.50 30,707 50 .50 02/01/98 30,707.50 30,707 08/01/98 30,707.50 30,707- 50 02/01/99 30,707.50 30,707.50 08/01/99 30,707.50 30, 707.50 02/01/2000 60,000.00 4 .450 0 - 30, 707.50 90,707 - 50 08/01/2000 29,372.50 29,372.50 02/01/2001 65,000.00 4.5500 29,372.50 94,372.50 08/01/200.1 27,893.75 27, 893 .75 02/01/2002 70 4.6500 27,893.75 97,893075 08/01/2002 26,266.25 26,266.25 02/01/2003 110,000.00 4.7500 26,266.25 136,266.25 08/01/2003 23,653.75 23,653.75 02/01/2004 130,000.00 4.8500 23,653.75 153,653.75 08/01/2004 20,501.25 20,501.25 02/01/2005 145,000.00 4.9500 20,501.25 165,501.25 08/01/2005 16,912.50 16,912.50 02/01/2006 160,000.00 5.1000 16,912.50 176,912.50 08/01/2006 12,832.50 12,832.50 02/01/2007 170, 000 .00 5.200- 12, 832 .50 182, 832 .50 08/01/2007 8 8 02/01/2008 185,000.00 5.3000 8 193,412.50 08/01/2008 3 3 02/01/2009 130,000.00 5.400- 3 , 510.00 133,510.00 Totals Bond Years: Avg. Mat..: NIC • Annual 87,004.58 61, 415.00 61, 415.00 121,415.00 123,745.00 125,787.50 162, 532 .50 177, 307.50 186, 002 .50 193,825.00 195,665.00 201, 825.00 137, 020.00 1 09/01/95 09/26/95 5.067010 Page 15 1 225, 000.00 11,990.42 9.788 5.189% 609 * Paid by escrow. All other payments made by the issuer. 11834,959-58 Bond Date.: Delivery • Bond Yield: Maplewood, Minnesota 1 2, 051, 916.25 2 72,337.50 Prepared: p : 07/14/95 G.O. Refunding Bonds, Annual Savings Analysis 1995 Present g S PRINGSTED y Incorporated Funds to Sinking Fund: As 6 of Schedule E 4.456 Total Net Savings....: 72,349.56 Non - Refunded Refunding Total New Existing g Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) ) (1) (2) ( ) (4) (5) (6) 02/01/96 68,913.75 68 , 913 . 75 68 913.75 ' 08/01/96 02/01/97 116, 277.50 116, 277 .50 116, 277 .50 08/01/97 02/01/98 119,402.50 119,402.50 119,402.50 .50 08/01/98 02/01/99 122,197.50 122 197.50 122, 197 .50 08/01/99 02/01/2000 08/01/2000 121 121, 415 .00 129, 637 .50 8 02/01/2001 08/01/2001 123,745.00 123 745.00 131,387.50 7, 642 .50 02/01/2002 08/01/2002 125, 787 .50 125, 787.50 132, 757 .50 6 02/01/2003 08/01/2003 162,532.50 162,532.50 168,767.50 .50 _ 6 02/01/2004 08/01/2004 177,307.50 177,307.50 187,067.50 9760.00 ' 02/01/2005 08/01/2005 186,002.50 186,002.50 193,630..00 7627.50 ' 02/01/2006 08/01/2006 193,825.00 193,825.00 199,180.00 5355.00 ' 02/01/2007 08/01/2007 195, 665 .00 195, 665.00 203, 640 .00 7 975 .00 ' 02/01/2008 08/01/2008 201,825.00 201,825.00 207 080.00 5255.00 ' 02/01/2009 137, 020 .00 137, 020 .00 144, 315 .00 71295.00 Totals 426, 791.25 1 2, 051, 916.25 2 72,337.50 Present Value Rate...: 5.067016 Excess Proceeds......: 12.06 Present Value Savings: 48,421.10 Funds to Sinking Fund: As 6 of P.V. Ref. D /S: 4.456 Total Net Savings....: 72,349.56 Page 16 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $915,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, August 24, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223 -3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223 -3000 or fax (612) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635 -3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated September 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 1997 $60,000 2002 $45, 000 2007 $45 2012 $45,000 1998 $45,000 2003 $45,000 2008 $45,000 2013 $45 1999 $45 2004 $45 2009 $45 2014 $45,000 2000 $45,000 2005 $45,000 2010 $45,000 2015 $45,000 2001 $45 2006 $45,000 2011 $45,000 2016 $45,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, Page 17 representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name. of Kray & Co. as nominee of Midwest Securities Trust Company CIVISTC1, Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota will serve as registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $903,105 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $9,150, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after. the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single Page 18 rate from the date of the Bonds to the date of maturity. No conditional ro osals will be accepted. p p AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter; the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Certificate to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15(c)2 -12. Page 19 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the - Bonds, and said Official Statement will serve as a near) final Official nearly -final within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 24, 1995 BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk Page 20 THE CITY HAS AUTHORIZED SPRINGSTE.D INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,225,000* CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1995B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, August 24, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 4:30 P.M., Central Time, of the same day. Y SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223 -3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223 -3000 or fax (612) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one -hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635 -3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated September 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2000 $ 60,000 2004 $130,000 2007 $170,000 2001 $ 65,000 2005 $145,000 2008 $185,000 2002 $ 70,000 2006 $160,000 2009 $130 2003 $110,000 The City reserves the right, after bids are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $25, 000 and will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Page 21 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ( "MSTC "), Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota will serve as registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC will determine by lot the amount of each participants interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income generated within the City's Housing District No. 1 -3, Economic Development District No. 1 -2 and Economic Development District No. 1 -3. The proceeds will be used to refund the 2000 through 2009 maturities of the City's General Obligation Tax Increment Bonds of 1989, dated November 1, 1989. TYPE OF PROPOSALS Proposals shall be for not less than $1,212,750 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $12,250, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at Page 22 settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option .and expense of the purchaser of the. Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery f the Bon � Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any Foss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. Page 23 CONTINUING DISCLOSURE The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Certificate to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required. by SEC Rule 15(c)2 -12. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly -final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated July 24, 1995 BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk Page 24 EXTRACT O F MXN W ES OF A ME ETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD MINNESOTA HELD: Jul 241 1995 Pursuant to due call and notice thereof, a re or special meetin of the City Council of the City of Maplewood, Ramse Count Minnesota, was dul held at the Cit Hall -in said Cit on the 24th da of Jul 1995, be at o' clock ,-.M.. for the purpose in part of authorizin the competiti ne sale of the $915, 000 General Obli Improvement Bonds, Series 1995A, of said Cit I t The f011ow.'ng Councilmembers were present: and the followin were absent: Councilmember . the fQllowin resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $915, GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A A. WHEREAS, the Cit Council of the Cit of Maplewood, Minnesota, has heretofore determined that it is necessar and expedient to issue the Cit $915,000 General Obli Improvement Bonds, Series 1995A (the "Bonds") , to finance; improvement projects in the Cit and B. WHEREAS, the Cit has retained Sprin Incorporated, in Saint Paul, Minnesota (" Sprin g sted") as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds b a competitive ne sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9 NOW, THEREFORE, BE IT RESOLVED b the Cit Coun of the Cit of Maplewood, Minnesota, as follow AuthorizaL�14-1 Findings. The Council hereb I authorizes Sprin to solicit bids for the competitive,,, ne sale of the Bonds. 295777.1 . _ � , ::� � ` i { � N 0 W NV!. OW (INV 1-3 WMU ON I 2. Meeting- Bid Dpenina The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Ekhibit A f or the purpose of considerin sealed bids f or, and awardin the sale of the Bonds. The Cit Clerk,, or her desi shall open bids at the time and place specified, in such Terms of Proposal 3. IQ s. _Proposal. The terms and conditions of the Bonds and the ne thereof are full set forth in the "Terms of Proposal" attached hereto as Exhibit A and herelpy approved and made a part hereof . 4. Official Statement. In connection with said competitive ne sale, the officers or emplo of the Cit are hereb authorized to cooperate with Sprin and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the Cit upon its completion. The motion for the adoption of the fore resolution was dul seconded b Councilmember and, after full discussion thereof and upon a vote bein taken thereon, the followin Councilmembers voted in favor thereof: and the followin voted a the same: Whereupon said resolution was declared dul passed and adopted. 295777.1 6 .1 :I !_ --• ...; --; .� � � -.� NV!) , OA (INV "D'D I �, i AO 0 N (NM' U STATE OF MINNtSOTA COUNTY OF RAMSEY CITY OF KAPLEWOOD I, the undersi bein the dul q ualified and actin Cit Clerk of the Cit of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and fore extract of minutes with the ori thereof on file in m office, and that the same is a full, true and complete transcript of the minutes of a meetin of the Cit Council of said Cit dul called and held on the date therein indicated, insofar as such minutes relate to the Cit $915,000 General Obli Improvement Bonds, Series 1995A. WITNESS m hand as such Cit Clerk of the Cit this 24th da of Jul 1995. 295777.1 Cit Clerk 3 IflVil 'L` NV!)NW GNV "0") 1 T.'. 0 U T- ;Now) '"' V " " ' - I W U * 0 N 1 • Ij U/ -.-, - I i I 1 .1 �j ',_-) - -. -*" ( -- - U 1-1 E-X -r . W; THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATIE THIS ISSUE ON ITS BEHALF. PROPOSALS W � 1�.�.. �� RECEIVED ON THE FOLLOW BA$1Si; TERMS OF PROPOSAL $91 51000 CITY OF MAP'LEWOOD, MINNESOTA GENERAL 013LICATIO N IMPROVEMENT BONDS, SERIES 1996x4 (BOOK ENTRY ONLY) Proposals for the Fonds will be received on Thursday, August 24, 1995, until 11:00 A.M. Central Time, at the offices of Springsted Incorporated, 85 East Seventh Flare, Suite 104 Saint Paul, Minnesota, after which time they will be opened and tabulated Consideration for sward of the Bonds will be by the City Counoil at 4 ;30 P.M., Central Time, of the same day. Y SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223.3002 to S rin steel. Signed Proposals. P 0 p without final prim or coupons, may be subrmitted to Springsted prior to the tie of sale, The bidder shall be responsible for submitting to Spring final . rn Pro oral price and coupons, by telephone (612) 223 -3000 or fax 612 2 • ` •n the A submitted Prt� o ) 23 - 3flQ2 for inclusion ! p sal Springsted will assume no liability four the inability of the bidder to reach Springsted prior to the time of sales edified above. Pro osals mg e p P y tsQ be filed electronr�lly via PARITY in accordance with PARITY Rules of Pardc(pation and the Terms of Proposal, within a one -hour period prior to the time of sale established above but .. no Proposals wip be received after th at time, If provisions in the Terms of P conflict with the PARITY Rules of Participation, the Terms of proposal shall control. The normal f e for use of PAR[ me be obtained from PARITY and such fee shall be the res onsibilit Y information p y o f the bidder. Far further about PARITY, potential bidders may contact PARITY at 100 118th Avenue SE Suite 100, Bellevue, Washington 08004, telephone (206) 635.3545. Neither the Cit Spdngsted Incorporated assumes an liabili if there is a ma Y nor Y tY Ifunctran of PARITY, All bidders are advised that each proposal shall be deemed to constitute a contract between the bidder and the City to rourchase the 4onds regardless of the manner of the Pra osal s ' p ubrn�tte DETAILS OF THE BONDS The Bonds wiill be dated September 1, 1 995, es the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1900, interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 - in the years and amounts as follows: 1997 $60, 000 2002 $45, 000 2007 $45, 000 2012 $45 000 1998 $45,000 2003 $45,000 2408 $45 =0 2013 $45� 1099 $45,000 2004 $45,0Q0 2009 0 •000 2ooa � a � aoa � 5 . 0 Q 201.•4 $45,o�a 2 05 $45,00} 2010 $45.000 2015 $45,000 2001 $45,000 2006 $45,000 2011 $45,000 2016 $•45 000 BOOK ENTRY SYSTEM[ The Bonds will be issued by means of a book entry system with no physical distribution of Elonds made to the public. The Bonds will be issued in fully registered fortm and one Bond representing the aggregate principal amount of the Bonds maturing in e ear will be registered in the name of Kra & Co. a nomi of Midwest • • y � . es Securities Trust company ("IVISTC's), Chicago, Illinois, which will acct a s securities deposito of the Bonds, individual purchases of the Bonds may be made in the pri ncipal amount of $5,000 or an rnutti � - thereof of a single maturity through gook ent ries made on the books Y p and records of !VI STS a nd its Partic Principal an d interest are payable by the registrar to MSTC or its nominee as registered owner of the Bands. Trans of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of er prinoi al and interest aten beneficial owners b participants will b • • A , P Y , is to P p e the responsibility of such pa rticipants acrd other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bands with IVISTC. REGISTRAR Norwest Bank Minnesota, National Association, in Minneapo Minnesota will serve as registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds true on or after February 1, 2006. Redemption may be in - P R Y p y whole o r In part. and if in part at the aptiOn of the City and in such manner as the City shalt determ If less than all Bands of a matUri will notify MS tY are called for redemption, the City fy l`C of the particular amount of such mate to be prepaid. MSTC will determine by lot the amount of each par#idipant's interest in such maturi to be red eemed and each art;oi ant wil P P i then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall to at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the Cit its ful[ faith a p ower to I � will led d credit and pledg n p levy direct general ad valorem takes. In adddlon the City will pledge special assessments against, benefited property. The proceeds will be used to finance impra�+�rnent projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $903,105 and accrued interest on the total rind a(' amount by �► food Faith aeposrt ("Depositly) of the Bonds. Proposals shall be accorn anied P i P o the form of a certified or cashier's check or a Financial Surety Bond in the amount of $0,150, a le to the order of the City. if a check is used, it must accompany p y each p roposal. if a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a o the Mate of Minnesota and r b rid in , - p eapproved by the City, Such bond must be submitted to Spnngsted Incorporated prior to the opening of the proposals. The Financial Buret Sond must identify each unde rwriter whose Dep is guaranteed b y p 9 y such p'Inaricial Surety Bond. if the Bonds are awa rded to an underwriter using a Financial Su rety ond, then that P urchaser i Dep osit to rill sted incor porated y P s required to submit its De P P 0 rporated in the farm of a certified at Cashier's check or wire transfer as instructed by Springsted Incorporated not later than 130 P.M., Central Time, on the next business day following the award, if such Deposit is not received b that time, the Financial Surety Bond may be drawn b the City to satin Y will deposit the Y Y satisfy the Deposit requirement. The City p check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the urehaser fails t said amou w P v Comply with the accepted withdraw p rop osal, lil be retained by the City No proposal can be d wn or amended after the time set for recei ving proposals unless the Meeting the City scheduled for award of the Bonds is Adjo urned, recessed without award the Bonds having � or continued #o another date 9 beets made. Rates shall be In Integral multiples of 6/100 or 1 / 8 of 1 %. Bates must be in ascending order. Bonds of the same maturity shall beat' a single M•_ rate from the date of the Bonds to the date of maturity- cond ° +cc tY No condc#��pnal proposals well be acce pted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be de a ' rrnc n on a true interest cost (TIC) basis. The City's computation of the interest rate of each r o osal in '� p 9 accordance with customs practice, will be controlling- P The City wi ll reserve the right to. (i) waive non - substantive informali .ties of any proposal or Of matters relating to the recelpt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal which the City determines to have failed to compl veith thv t� rn1 I loo cmit,, y BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or eom' ' Mitment therefor at the option of the underwriter, the purchase of My such insurance olic o such commitment shat! P � r the Issuance of any be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bon res ulting from such urchase of insurance shall be paid by the purchaser, e xcep t t that if t P . p , , he City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee, Any oth r ratin agency fees shall be the responsibility o f the purchaser. Failure of the municipal bond insurer to issue the oliC after p urchaser sha P Y Bonds have been awarded to the p a I not constitute cause for failure or refusal by the purchaser to accept do on the Bonds. CUSIP NUMBERS If the Bends qualify for assignment of CUSIP numbers such numbers will be rinted on the Bonds, but neither the failure to print such numbers on any p thereto will con y bond star any error with respect cause for fai lure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser, SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cast to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt b the y purchaser of an approving legal opinion: of Briggs and Morg Professional Association of saint Paul and Minneapolis, Minnesota, p nnesota, and of customary closing papers, Including a no•litigatron certificate. on the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be revived at the offices of the Ci � or its designee not later than 1 2:00 Noon, antral Time. except as com with the t erms of payment for the Bonds shall have been made impossible by action of the City, or its: agents y the purchaser shall be liable to the City for an loss y o suffered by tf1� Cit by reaso'r of the purchaser's non - compliance with said teams for payment. CONTINUING DISCLOSURE The City will covenant in the resolution awarding the sale of the sands and in a Continuin Disclosure Certificate to provide, or cause to be provided, annual financial information, g audited financial st � � I in ormat�an, En�uding atcments of the arty, and notices of certain material events, as required by SEC Rule 1 f - - - - - - i - l Z +- - - - f l _ ItI�: }1 I P �I1�1 d i" NV,) � (INV '- D!) I T,3 W�: }�� , ' OFFICIAL STAT15--MENT The City has suthodzed the Preparation of an offi Statement containin a pertinent information relative to the Bonds, and said Official Statement will serve as a nearl Official Statement wfthin the meanin of Rule 15r.2-12 of the Securitles and Exchan Cohinnissi For copies of the Official Statement or for an additi6nal information pdor t " 0 tale, an 85 East Seventh Place, Suite 100, Saint Paul, Minne-�;Qta 55101, tele hone (612) 223-!'!_3000. The Official Statement, when further supplemented by.an addendum or addenda Spec" hyin the maturit dates, principal amounts and interest rates of the Bonds, together * with a'.ny other Information required b law, shall'cQnstitute a "Final Official Statement" Of the cit With respect to the Bonds, as that term is defined in Rule 1 6c2-12. By awardin the Bonds to an underwriter or underwritin syndicate stibmittin a proposal therefor, the Cit agrees that, no more than seven business days after the Clate of such award. It ishall provide without cost to the senior mana undarwriter of the s to which the Bonds are awarded 35 COPIeS of the Official Statement and the addendum or addenda describeel Obove. The Cit dasig'bates the senior mana underwriter of the s to which the Bonds are awarded -as lts:a- for purposes. of distributin Copies Qf the Final Offloial Statement to each Participatin Up d,: erwriter- An underwrifter deliverin a proposal with respect to the Bonds agrees thereby that if its proposal is accepted b the Cit M it shall accept such designation and (ii) It shall ent r into a contractual relationship with all,Participatin Underwriters of the Bonds for purposes otassudri the receipt b each such Parbeipatin Underwn'tor of the Final Official Statement, Dated Jul 24, 1995 BY ORDER OF THE CITY COUNCIL - h/- `' lflVd I` RDHO GNV EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: Jul 24, 1995 Pursuant to due call and notice thereof, a re or special meetin of the Cit Council of the Cit of Maplewo''od, i n Ramse Count Minnesota, was dul held at the Cit Hall said Cit on the 24th -da of Jul 1995, be at o Clock —.M. for the purpose in part of authorizin the competitive ne sale of the $1,2251000'General Obli Tax Increment Refundin Bonds, Series 19958, of said Cit The followin Councilmembers were present: and the followin were absent: Councilmember introduced the fo'llowin resolution and moved its�"a'do"'ption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,225,000 GENERAL OBLIGATION TAX INCR8MENT REFUNDING BONDS, SERIES 1995B A. WHEREAS, the Cit Council of the Cit of Maplewood, Minnesota, has heretofore determined that it is necessar and expedient to issue the Cit $1,225,000 General Obli Tax Increment Refundin Bonds, Series 1995B (the "Bonds , to ; ;refund. the 2000 throu 2009 maturities of the Cit General Obli Tax Increment Bonds of 1989, dated November 1. 1989 and I B. WHEREAS, the Cit has retained Sprin Incorporated, in Saint Paul, Minnesota ("Sprin , as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds b a competitive ne tale in dUCULOdliue WiLh MillileuuLa SLututv-!3, Section 475.60, Subdivision 2(9): 295777.1 4 (.., - - - . ! I : # i - 1 I I -,, : -*-, 1. .1-. - I 1 0 1 ---- r ". " - - - 'I I A jj -, V � j # N VI U 1. 1 ..., .1-1 9 1 H .-I wo j A d N ow GNV I NOW, THEREFORE, BE IT RESOLVED b the Cit Council of the City of Maplewood, Minnesota, as follows: a Authorization, The Council hereb authorizes Springsted to solicit bids for the co etitive',',; ne sale of the Bonds. 2. Meet i. _ Open' The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit •A for the purpose of considerin sealed • bids for, and awardin the sale of, the Bonds. The Cit Clerk, or her desi shall open bids at the time and place specified , in such Terms of Proposal+ 3. Terms cif Proposal. The terms and conditions of the Bonds and the ne thereof are full set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereb approved and made a part hereof. 4. Official -StqtszmeTit.. in connection with said competitive ne sale, the officers or emplo of..,the Cit are hereb authorized to cooperate with Sprin and participate in the preparation of an official statement f 1­ or the Bonds and to execute and deliver it on behalf of the Cit upon its completion. The motion for the adoption of the fore resolution was dul seconded b Councilmember and, after full discussion thereof and upon a vote bein taken thereon, the followin Councilmembers voted in favor thereof: and the followin voted a the same; Whereupon said resolution was declared dul passed and adopted. 295777.1 2 ' DOI H WOU NOW) - . 11 1 1 y ri I V -.4 (.4 UVd 13 NVO BW •GNV I0, l." d $ON I I STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD It the undersi bein the dul q ualified and actin Cit Clerk of the Cit of Maplewood, Minnesota, DO HEREBY, CERTIFY that I have compared the attached and fore extract o minutes with the ori thereof on f ile in m of f ice, and that 0 the same is a full, true and complete transcript of the minutes inutes of a meetin of the Cit Council of said Cit dul calle and Meld on the date therein indicated, insofar as such minutes relate to the Cit $1,225,000 General obli Tax -Increment Refundin Bonds, Series 1995B. WITNESS m hand as such Cit Clerk of the Cit this 24th da of Jul 1995. 295777.1 Cit Clerk 3 I I 1, UVil I-` NV!)EOW (INV U00 1 H NOU NON' A F N . 4 EXHIBIT A THE Cl'1'Y HAS AUTHORIZED SPnINO r �-' ISSUE ON ITS �`�"�� INC ORPORATED T'B► �E��TI�1't`E T HIS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWNd' BASIS: TERM, OF PROPOSAL $1 1 225 1 000' CITY OF MAPLEWOOD, MINNESOTA GENERA. OBLIGATION TAX INCREMENT REFUNDING BONDS SERIES 19958 (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday. August 24, 1 995 until 11 b0 Central Tirrie, at the a�l�ices of S rcrti sted in g � � A ' �'' P g corporates, 85 East Seventh Place, Suite 1 *0, Sent Paul, Minnesota, after which ti me they will be opened and tabulated. Considers of the Bards. will be b the Ci Council ton f6r award y y cal at 4:30 F .M., Central Time, of the sarne day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed enve lope or . Hari Prop P by fax I;6121 X23 -3002 to apr�ngsted. �i 9 p , without final price or co upon s, may be submitted to Springsted rior to the time of sale. The bidder shall be respons for submitting p price and cou ens to Springsted the final Proposal A , by telephone (612) 223 -3000 or fax (6r1 2) 223 -3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the Inability f the bidder Springsted prior to the time of sate tY drier to reach p ,n accordance w'th PARITY Rules of Participation - pecified above. P roposals may also be filed electronicall via PARITY, i ation and the Terms f y p erio d prior to the t p o Proposal, within a one -hour P P _ ti me of sale established above, but no P�ropossfa will be recai�red after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal l fee for use of PARITY snot' be obtained from PARITY and suc ch fee shall be the responsibility of the bidder. For further infQrmation about PARITY, shall , potential bidders may contact PARITY at 100 1 �1 nth Ave Suite 100, Eellerrue g�aa�4 ta le hone Hue SE, , �lashin ton 9 , P (206) 035 -3545. Neither the : City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All,. are advised that each Proposal b +dd�rs P be deemed to constitute a contract between bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted: DETAILS OF THE BONDS The Bonds will be dated September 1, 1 995, as the date of origina issue and will 1 and A 9 bear interest payable on Februar A 1 of each year. commencing August 1, 1998_ Interest will be computed on the basis of a 360 -day year of twelve 30-day months. The Bonds will mature February 1 In the years and amounts as follows: 2000 $ 6 0,000 2001 $ 65,000 2002 $ 70 2003 $110,000 2004 $130,000 2005 $145,OOO 2006 $160,000 2007 $170,000 2008 $1056000 2009 $130 * rho Gift' reserves the Offe for sal . nar such rnor�ease or rig ht, after bids ar& opened and prior to award, to increase or reduce the principal amount of the Sonds 0 ff . amount not to exceed $25. 000 and wit! ode m da in m y r eQl uetion will be In s total ultiples of $5, 000 rn any of the maturrbe$. In the event the p4nclpal amount of the Bonds is increased or reduced, an premium offered or an discount taken by the successful bidder wlrl be increased or r &dueed b a percentage equal to the p ercentage y whkh the principal amount of the Bonds is increased or reduced. (• ;� r ' � } � :� � P'•�,'• � , .I � i �I � :1 .I '�� ..I � '��' !' 1 - - !! - 1 �: - - - - - L _ l Z�_� . ,_ _ l f: i_ I�I�I�I fi _ . , l �III��:� ,L�? �I��t:�l�f �I�I� , I �3 AMU i `� i `� i' ►_ BOOK ENTRY SYSTEM The Bonds will be Issued by means of a book entry system with no physical distribution of Bonds made to the public. The B o nds will be issued in fully registered form and one Bond representing the aggregate principal amount of the Bonds maturing in each ear will b registered in the name of Kra & Co. as nominee of i y e C IVISTC "). • Y e . , Midwest �ecunti�rs Trust C purchaser of the Bonds ma pa Chicago, Illin ois, which will act as secur depositor of the Bonds. th be made in the ry Y principal amount of $8,Oo0 or any rnuitlpl� theraof of a single maturity through book entries trade on the boob and records of MSTC and its participants. Principal and interest are payable b the r to MSTC or its . . . Y g na; ants of nom i nee as registered owner of the Bonds. Transfer of pr and interest payments to artie MSTC will be the responsibility of MSTC• trans R . _ Y far of principal and in terest p�ayrnents #a beneficial owners by partrotpants will be the res ponsibility of s uch partic ipants 0 other nominees of beneficial owners, . The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR '. Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota will ' rYe registrar. p as OPTIONAL REDEMP'T'ION The City may elect on February 1, 2005, a n d on any day thereafter, to prepay Bonds due on or after February 1. 2006. Redemption may be in whole or In part and if in part at the o ton of the City and In such manner as the Cit hall deter • f or w � i �� if less than a ll Bends of a maturity are Dell �d o redemption, the City will notifyf IVISTC of the partioular amount of such to be matur' I�1STC w ill deter .. � � p mine by lot the amount of aeon perticipant s inte rest in such 'matu(ity to be Moe -e-med and each participant Will then select by lot the benefloial Ownership nterests in such maturity to be redeemed- All prepayments shall be a P t o price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which thi credit and power to levy direct general ad valorem taxes. In increment income generated within the City's Housing istrict District No. 1-•2 a nd Economic 9 nom�o Devetaprrrent Distr No. 1-3. refund the 2000 through 2009 maturities of the City's General of 1 989, dated November 1, 1989, TYPE OF PROPOSALS City will pledge its full 'fifth and addition the City will pledge tax No. 1-3, Economic Development The proceeds will be' used to Obligation Tax Increment Bonds Proposals shall be for not less than $1, 212,750 and accrued interest on the total ., amount of the Bonds. Proposals shall be accompanied b a Goo - principal i ty _ p Y d Faith Deposit in the form a certified or cashlees check or a Financial Surety Bond in the amount of $12.250 payable to the order of the City. If a check is used, It must aCCOMI3 any each proposal. if a Financial Surety Dond is used, it riiust be from an insurance cc5Mpany licensed to Issue such .a bond in the State of Minnesota, and preapproved b the City. Such bond mu run sled InGar � y tY must be submitted to S p g porated prior to the opening of the proposals, The Financial Surety Bond must identify each underwriter whose Deposit 1s guaranteed by such Financial Surety ondi If the Bonds are awarded to an underwriter using a Fin Y . _ 0 Financial Surety Bond, then that purchaser is required to submit its Deposit to Spr�ngste' d Incorporated i the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later th an 3:30 P.M., Central `I rare, on the next business day following the award. If such Deposit is not received b that time, the Financial Surety Sond may be drawn b the Cit to sati tho D y will d y Y fy De posit r equirement. The Cit eposit the check of the purchaser, the amount of which will be dedUcted at o il ''� �' �:_� ` : ::i 1. I I I_I � ±;� �; ;�- � � } � 1 � �� -a � '-�' . 1 �) : � -�+ ' - i � � I`I f . ,: ;� .::� �- , �. : :+ � '�{ r� ' � 1 ' t' '� WOU ►.: �: settlement and no interes w accrue to the purchaser. In the event the purchaso­r' fails to cce compl with the apte proposal, said amount will be retained b the Cit No pro"' Osal ca p n be withdrawn or amended after the time set for reoeivin proposa*ls unless the meeti o the Cit scheduted for award of the Bonds is adjourned, recessed, or continued to an6ther date without award of the Bonds havin been made. Rates shall be in integral multiples of'",b/100 or 11/8 a 19/o. Rates must be in ascendin order. Bonds of the GAMe maturit ishall 'G sin - rate from the date of the Bonds to the date of maturity. No conditional praposw� will be accepted. AWARD * The Bonds will be awarded on the basis of the lowest Interest rate to be deferm n a true i ined 0 i n terest cost (TIC) basis, The Cit computation of the Interest rate of each osal, i propn accordance with customar practice,, will be controllin The Cit will reserve the ri to.- ()i waive non - substantive informalities of an pr"po sal or of matters relatin to the receipt of proposals and award of the Bonds, (il) reject all proposals wi ithout cause, and, (iii) reject any proposal which the Cit determines to have failed t d" compl with the terms herein- BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualif for issuance Of any P000Y of Municipal bond insurance 1 mi or com tment therefor at the option of the underwater, the purchase of an such Insurance poli6 or the issuance of an such commitmen shall be at the sole option and expense of the purchaser of the Bonds. An increast5d co$t$ of issuance of the Elonds resultin frQM such purchase of insurance shall be paid b the purchaser, except that, if the Cit has requested and received a ratin on the Bonds from a ratin a the Cit will pay Mat ratin fee. An oth r ratin a fees shall be the responsIbUtt of the purchaser. Failure of the Municipal bond insurer to issue the polic after Bonds have been awarde , d to the purchaser shall not constitute cause for failure or refusal b the purchaser to accept deliver on the Bonds. CUSIP NUMBERS If the Bonds q ualif y for assi of CUSIP numbers such numbers will be printed Oct the Bonds, but neither the f2ilure to print such numbers on an Bond nor an error with'respect thereto will mnsfift jtA r-A for f2ilury or rofus ©l b the puroh000r to accept delivery of the Bonds- The CUSIP' Service Bureau char for the assignment of CUSIP identification number shall be paid b the purchaser. SETTLEMENT Within 40 da followin the date of their award, the Bonds will b►0 delivered without C6st to the purchaser at a place Mutually satisfactor to the Cit and the purchaser, Deliver Will be subject to receipt b the purchaser of an approvin legal opinion of Bri and MQr9an, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customar i c1osing papers, includin a no- Liti certificate. On the date of settlement payment for the Bonds Shall be made in federal, or equivalent, funds which shall be received at the offices of t he Ci or its designee not later than 12--00 Noon, Central Time. Except as Compliance with the terms of pa for the Bonds shall have been made Impossible by action of the Cit c5r its .� : 'i2gents the purchaser shall be liable to the Cit for an loss suffered b the Cit b reaaoA of the purchaser's non• compliance with said terms for pa yment , ME _ Z 1 fi _ 1 I _ j.j �fi _ _ ,_,,_, f _ ZI�I�:� ,I� ►� NV1!.')R)W (INV 5 W 0 �i E j NOW' CONTINUING DISCLOSURE The City will covenant in the resolution awardin the sale of the Bonds and in 2 C Disclosure Certificate to provide, or cause to be provided, annual financial information,. "Includin audited financial statements of the Cit and notices; Qf certain material events, as re uired b SEC Rule 15(0)2-12. OFFICIAL STATEMENT .;p erflnent The City has authorized the preparation of an Official Statement containin information relative to the Bonds, and said Official Statement will serve as a nearly-finM Official Statement within the meanin of Rule 15c2-12 of the Securities and Exchan Com"mission. For mpies of the Official Statement or for an additional information prior to sale, an prospective purchaser is referred to the Financial Advisor to the Cit Springsted Incor'porated 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone ( 612 ) 22$-3000. The Official Statement, when further supplemented b an addendum or addenda spect the maturity dates, prinolpal amounts and interest rates of the Bonds together with a ny other _Z information required b law, shall constitute a "Final Official Statement" of the Cit will respect to the Bonds, as that term Is deflned In Rule 1542-12- B awarding the Bond . 6 to an underwriter or underwritin s submittin a proposal therefor, the Cit agrees-that, no more than seven business da after the date of such award, it shall provide without cast to the senior mana underwriter of the syndicate to which the Bonds are awarded 50 copie's of the Official Statement and the addendum or addenda described above. The C it designates the senior managing underwriter of the s to which the Bonds are awarded as its" ent for purposes of distributing copies of the Final Official Statement to each Participatin aUnd, I erwriter. An underwriter deliverin a proposal with respect to the Bonds a thereb that if ds proposal Is accepted b the City 00 ft shall accept such desi and ( ii ) it shall enter into a contractual relatlonship with all Participatin Underwriters of the Bonds for purposes of:assurin the receipt b each such Participatin Underwriter of the Final Official Statame-nt, Dated Jul 24, 1 W5 IV - BY ORDER OF THE CITY OUNCIL /s/ LuC4016 E.Aurelius Cit Clerk L I _ I el, I -J N 0 W! ON I I 'i I ,.A J lflVd V!) W GNV "00 1 H NOU AGENDA NO. ��' Aot Qn by. Cam* 11 1 ,1 5 AGENDA REPORT Modlf led........�.,�. TO: City Manager Date FROM: Finance Director RE: AMENDMENT OF TIF PLAN FOR PURCHASE OF PROPERTY ADJACENT TO COMMUNITY CENTER DATE: July 17, 1995 PROPOSAL It is proposed that the attached resolution be adopted to set a public hearing on the amendment of the TIF Plan for the purchase of property adjacent to the Community Center. BACKGROUND For the past several years the five -year Capital Improvement Plan has included the planned purchase of property adjacent to the Community Center. This property is commonly referred to as the Tastee Bread Store property. Attached is page 3 -31 from the 1996 -2000 Capital Improvement Plan which indicates that the purchase of the property is planned for 1997. The funding source for the purchase of the property is the Tax Increment Fund. When the tax increment bonds were sold for construction of the Community Center, the debt service payments were structured so that there would be $500,000 available to purchase the property. If the property is not purchased, the money could be used to reduce the annual property tax levy for the Community Center bonds or the money could be used for another eligible project. In order to proceed with the planned purchase, a public hearing must be held in conjunction with the amendment of the TIF Plan. Attached is a letter and resolution regarding this from Mary Ippel. Originally this item was planned for the July 10 Council meeting with a public hearing on August 14. The revised schedule is to have the public hearing on August 28. After the public hearing is held and the TIF Plan amended, negotiations for the purchase of the property could begin. However, the actual purchase of the properly would require Council approval after the purchase price is determined. RECOMMENDATION If the Council wants to proceed with the property purchase, it is recommended that the attached resolution be adopted to set a public hearing on the amendment of the TIF Plan for the purchase of property adjacent to the Community Center. Attachments P:\AGN \ccprop _CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 1996-2000 PROJECT TITLE: Community Center Land Purchase TOTAL COST: $500 PROJECT NUMBER: pR95.120 PROJECT CATEGORY: BUILDINGS DESCRIPTION: Purchase of land adjacent to the Community Center on the corner of White Bear Avenue and County Road B. JUSTIFICATION: The land will be available for purchase in 1997. This commercial property would improve the visual "entrance" to the community center. No specific use of the building has been determined yet, but it could be used as a senior citizen center, auxiliary theater or preschool facility. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Project Funding Source Prior Years 1996 1997 1998 1999 2000 Total Tax Increment Fund 500,000 $ 500,000 PROJECT STARTING DATE: January 1997 PROJECT COMPLETION DATE: September 1997 NEIGHBORHOOD: Sherwood Glen PROJECT COSTS Preliminaries Land Acquisition 500 Construction Equipment and Other Total $500 ,000 3 -31 LAW OFFICES 13RIGGS AXD MOPGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL, 13ANR BUILDING SAINT PAUL,. MINNESOTA 55101 TELEPHONE (612) 223-6600 FACSIMILE (612) 223-6450 WRITER'S DIRECT DIAL NUMBER (612) 223 -6620 June 29, 1995 MINNEAPOLIS OFFICE 2400 IDS CENTER MINNEAPOLIS MINNESOTA 55402 TELEPHONE (612) 334-8400 FACSIMILE (812) 334-8650 Dan Faust Finance Director Maplewood City Hall 1830 East County Road B Maplewood, MN 55109 -2797 Re: Tax Increment Financing Plan Amendments Dear Dan: Enclosed is a resolution to be adopted by the City Council calling for a public hearing on the amendments to the Tax Increment Financing Plans relating to the building and land acquisition adjacent to the Maplewood Community Center. I have assumed for drafting purposes that the resolution calling the public hearing will be adopted on July 10, 1995 and the public hearing will be held on August 14, 1995. If you modify these dates, please let me know. It will be necessary to give the county and school district thirty days written notice of the proposed amendments and the notice of public must be published in the local newspaper not less than 10 days prior to the public hearing. We will take care of the written notice to the county and the school district and the published notice. Prior to the public hearing, we will prepare a resolution adopting the amendment to the tax increment financing plans relating to the land and building acquisition. Very truly y Mary L. Ippel MLI:tfy Enclosures EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: July 10, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on Monday, the 10th day of July, 1995 at o'clock _.m. for the purpose of calling a public hearing on the proposed adoption of Amendments to the Tax Increment Financing Plans for Economic Development District No. 1 -1, Housing District No. 1 -1, Housing District No. 1 -2, Economic Development District No. 1 -2, Housing District No. 1 -3 and Economic Development District No. 1 -3 within Development District No. 1. The following Councilmembers were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF AN AMENDMENT TO THE TAX INCREMENT FINANCING PLANS FOR ECONOMIC DEVELOPMENT DISTRICT NO. 1 -1, HOUSING DISTRICT NO. 1 -1 HOUSING DISTRICT NO. 1 -2, ECONOMIC DEVELOPMENT DISTRICT NO. 1 -2, HOUSING DISTRICT NO. 1 -3 AND ECONOMIC DEVELOPMENT DISTRICT NO. 1 -3 WITHIN DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the "Council ") of the City of Maplewood, Minnesota ( the "City ") , as follows: 1. Public Hearing This Council shall meet on Monday, August 14, 1995, at approximately o'clock _.m., to hold a public hearing on the proposed adoption of an Amendment to the Tax Increment Financing Plans for Economic Development District No. 1 -1, Housing District No. 1 -1, Housing District No. 1 -2, Economic Development District No. 1 -2, Housing District No. 1 -3 and Economic Development District No. 1 -3 within Development District No. 1, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as 294547.1 amended and Minnesota Statutes, Sections 469.174 through 469.179, both inclusive, as amended ( collectively, the "Act ") . 2. Notice of Hearing The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 294547.1 2 STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's tax increment financing districts. Clerk 294547.1 3 EXHIBIT A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Maplewood, County of Ramsey, State of Minnesota, will hold a public hearing on Monday, August 14, 1995 at o'clock _.m., at the Maplewood City Hall, 1830 East County Road B, in Maplewood, Minnesota, relating to the proposed adoption of Amendments to the Tax Increment Financing Plans for Economic Development District No. 1 -1, Housing District No. 1 -1, Housing District No. 1 -2, Economic Development District No. 1 -2, Housing District No. 1 -3 and Economic Development District No. 1- 3 within Development District No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended. Copies of the Amendments to the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Development District No. 1, and Economic Development District No. 1 -1, Housing District No. 1 -1, Housing District No. 1 -2, Economic Development District No. 1 -2, Housing District No. 1 -3 and Economic Development District No. 1 -3 within Development District No. 1 is set forth below: [INSERT MAP of Development District No. 1, Economic Development District No. 1 -1, Housing District No. 1 -1, Housing District No. 1 -2, 294547.1 Economic Development District No. 1 -2, Housing District No. 1 -3 and Economic Development District No. 1 -3] All interested persons may appear at the hearin g and present their view orally or in writing. Dated: July 10, 1995. BY ORDER OF THE CITY COUNCIL 1s/ Lucille Aurelius Clerk 294547.1 AGENDA NO. O AGENDA REPORT TO: Mayor and City Council FROM: Assistant City Manager GO" CK RE: OPEN SPACE PROGRESS REPORT DATE: July 11, 1995 INTRODUCTION Action by Council:; Endorsed- �.. --M- Modify. ed..,�...� —�... Da The acquisition of open space began soon after the assn a of the referendum in the p 9 fall of 1993. The purpose of this report is to provide the City Council with a summa of .. summary the acquisition program - what has been purchased to date, what remains, and a possible plan for the remaining money. BACKGROUND Attached you will find a report which details the total dollar amount spent, remaining, total acreages, and sites acquired. In addition to the actual land cost, the funds are being used for appraisals, surveys, environmental tests, and legal work. A special effort was put into closing on properties before July 1 st. This is due to the County's rule that property acquired by a governmental agency becomes tax exemp p the following year if the closing date is before July 1. If the closing occurs between July 1 and December 31, taxes must be paid through the end of the year and the entire next year. Of the $5 million referendum, approximately $1,230,000 remains. There are four remaining properties on the original list: The remaining 14.5 acres of Open Space Site #116 (Kuslich). The Council approved the acquisition of the acreage on the west part of the site. However, the property owner wants to redraw the property line. The price per acre will be the same, but the acreage will probably decrease. This property will probably close in two months. The approximate cost is $250,000. County Road B and Rice -the new school: The current site plan saves 8 acres of the area in which the Open Space Committee was interested. Rather than purchasing aland- locked parcel on the south side of the site from the State, perhaps the City could negotiate a joint use of the property without acquisition. City Manager McGuire will be negotiating with Mr. John Thein, Roseville School District, for a mutually beneficial arrangement. Pete Gilbert property on McMenemy: This property is being appraised. However, Mr. Gilbert is not a motivated seller, and the City may not be able to meet his price. Additional 4 acres of Kayser property: The City currently owns the south half of a pond on the west side of the Kayser property. Jim Kayser has stated that he is interested in selling the City the north half of the pond which is approximately 4 acres. My departure should not stall or harm the Open Space Acquisition Program. None of the four properties mentioned are pressing negotiations. If the funds have not been depleted after the negotiations are complete, the City Council could reconvene the Open Space Committee. Their task would be to review the remaining properties on the original list of 66 sites and create a second recommendation to the Council for acquisition possibilities. I appreciated the opportunity to work with this exciting program. It was quite a learning experience - and fun, too! 2 Progress Report Open Space Sites Site Number Location Acres Price X142 En lish /Frost g 24 closed $ 808, 265 Status: City osed on the property on December 1. #1 Count Road D/W • y . oodlynn 23 663 Status: City closed ,250 y ed i n April, #153A Priory, Century/Larpenteur 39 $1,205,604 Status: City closed it on February 15. #116 Spoon Lake - Gonyea and Pillsbury 17 $ 378O48 Status: City closed on it June 29, 1995. ' #108 Hazelwood and Beam 7.5 $ 221 Status: City closed it on June 29, 19959 #161B South of Linwood, Kayser 16 $ 416 Status: City closed it on May 24 1995, Eight additional acres were purchased by Parks Department with PAC funds. Related Expenses: Taxes legal, studies, dies, appraisals, surveys 1 � 00, 000 (est. TOTAL REMAINING FUNDS FOR ACQUISITION 126.5 $3,767 $1,232,337 #116 Spoon Lake - Kuslich 14.5 $ 280,710 Status: City approved the purchase. Not closed. Remaining ossible purchases p p chases #161B Additional 4 acres of Kayser Property 4 Status: City negotiating with Kayser for north half of pond. #151 County Rd. B /Rice g Status: Joint project with I.S.D. 624, 623, and 622 being considered. #150 Pete Gilbert (MnDOT) Status: Being appraised. 5.5 1 Agenda No. Z" "vs DATE: July 14, 1995 .A.GEND.A, REPORT TO: Mike McGuire City Manager FROM: She "Me e Le Human Resource Director SUBJECT: Managed Care Contract with CorVel Ution by Council modified . Receded Date Managed Care is a program developed to control worker's compensation costs. The intent of the program is to provide active management of worker's compensation cases from the point of injury until the employee can return to work at full performance. This program helps employees to receive the most appropriate treatment and manages that treatment to decrease the time it takes for employees to recover. This, in turn, decreases the time off work and thereby decreases the overall worker's compensation costs. This type of program benefits both the employee and the employer. It benefits employees by assisting them to obtain the most appropriate medical care for their particular condition. The nurse who manages the case, determines the type of medical specialty needed and makes an appointment with that type of provider for the employee. (The employee has a choice of several physicians.) The goal is to get the employee seen faster and with a more appropriate specialist, rather than seeing a generalist one or more time and then being referred to a specialist. The case manager then follows the case and ensures the treatment prescribed is appropriate and effective. The case manager also works with the physician to clarify work restrictions and with the employer to determine possible light duty jobs, if appropriate. The City will see a direct and immediate savings by contracting with a managed care provider. LMCIT will reduce our worker's compensation rates by 5 %. There is no cost to the City, only a cost savings. We will need to train our employees and supervisors to use the program. A meeting with the Union Representatives has already been scheduled and will occur prior to the July 24 City Council meeting. Supervisory training has also been scheduled and employee gaining will follow. We are recommending CorVel as the managed care provider. We interviewed representatives from CorVel and three other major providers and felt CorVel was the best fit for the City. I have contacted several other cities who use them as well as the League of Minnesota. Cities and they come highly recommended. A copy of the contract is attached. Please let me know of you have any questions. RECOMMENDATION I recommend City Council approval of the contract for managed care services as provided. by CorVel. INDIVIDUAL CITY SERVICE AGREEMENT .J CorVel Per request of the City of Maplewood, CorVel will provide services to its injured workers as outlined in the following Pricing Agreement effective 1 1995. The undersigned is acknowledging that they have been supplied with a copy of the PAYOR Agreement as signed by the League of Minnesota Cities Insurance Trust. This Service Agreement will be attached as an exhibit to the PAYOR Agreement dated May 1, 1994, and on file with the League of Minnesota Cities Insurance Trust. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY City Administrator City of Maplewood Effective Date CorVel f Cyn a L. Ballard, R.N., CCM CorVel Managed Care Manager 1380 Ener gy Lane #205A/B St. Paul, MN 55108 CorVel Corporation 1380 Energy Lane • Suite 205A/B • St. Paul, MN 55108 • 1 612 642 1717 9 1 800 275 8893 • Facsimile 1 612 642 0142 CorVel Corporation 1380 Energy Lane Suite 205A/209 St. Paul, MN - 55108 6126421717 Facsimile 612 642 0142 PAYOR AGREEMENT Cor Care This Agreement to be effective on the 1 st day of May, 1994, by and between CorVel Corporation, dba CorCare, a Delaware Corporation (hereinafter referred to as "CorCare "), and the League of Minnesota Cities Insurance Trust (herem*after referred to as "PAYOR "). RECITALS WHEREAS, CorCare has established a managed care network of health care and medical service providers throughout Nfnmesota to provide quality and cost effective health care, as defined in Minnesota Administrative Rules, MR 5218.1000 through 5218.9000 and related Acts and Statutes; and WHEREAS, PAYOR is a "Joint Powers Entity" formed to provide pooled self - insurance workers' compensation coverage to its participating members and desires to have CorCare provide specific services to such participating members that may request managed care services from CorCare in connection with such workers' compensation program; and stated. WHEREAS, CorCare is willing to provide such services on the terms and conditions hereinafter NOW, THEREFORE, the parties hereto agree as follows: 1. DEFINITIONS 1.1 "Attendine Physician" means a doctor or physician, who is primarily responsible for the treatment of a workers' compensation injury or illness, and who is: (a) A medical doctor or doctor of osteopathy licensed by the Board of Medical Examiners for the State of Minnesota or a board certified oral surgeon licensed by the Minnesota Board of Dentistry; or (b) A medical doctor, doctor of osteopathy, or oral surgeon participating in and licensed under the laws of the State of Minnesota or another state; or . (c) A chiropractor licensed under the laws of the State of Minnesota or another state. 1.2 "Insurer and PaXor" means League of Minnesota Cities Insurance Trust and any designated third party administrators authorized to transact workers' compensation benefits on its behalf. Co r Vel Preferred Care CorCare, Inc. Payor Agreement Page Two 1.3 " Peer Review means the evaluation of the care provided to a worker by review of the pertinent records and/or personal interview with the attending physician or consultant. Such evaluations shall be conducted by a group designated by CorCare, which must include, but is not limited to, members of the same healing art. 1.4 " Health Care Provider has the meaning given in Minnesota Statute Chapter 176. 1.5 "Report" means medical information transmitted in written form containing relevant subjective and objective findings. Reports may take the form of brief or complete narrative reports, a treatment plan, a closing examination report, progress notes from the worker's medical file, or any forms filed in accordance with the Provider Manual and/or as required by CorCare. 1.6 " Injured worker means employee of the participating member using CorCare Managed Care Services who is eli gible to receive workers' compensation benefits from the PAYOR, and who is entitled to receive benefits under Minnesota Statute Chapter 176 for medical services. 1.7 " Medically Necessary and/or Medical Necessity means that any covered services the injured worker receives are consistent with physician's duty of care and applicable community standard of practice; pp Y p appropriate by place and level of care in amount, duration, and frequency necessary for the diagnosis or treatment of an illness, disease, accidental bodily injury, or condition harmful or threatening to the injured worker's life or health; received in the most cost effective, medically appropriate setting that can reasonably be utilized; not provided solely or primarily for the injured worker's or physician's convenience. I RELATIONSHIP OF THE PARTIES 2.1 Participation CorCare has established a network of providers to deliver medical services to workers throughout the State of Minnesota. Each Provider is an independent contractor, who will deliver medically necessary covered medical services, pursuant to that certain contract for such services with CorCare, and according to the laws and administrative rules relative to workers' compensation in Minnesota. PAYOR has an obligation to a for medical/ com ensable injuries for its workers and pY Y p J desires to use CorCare Providers to deliver such medical services. 2.2 Independent Contractors None of the provisions of this Agreement are intended to create, nor shall be deemed or construed to create, any relationship between the parties hereto, other than that of independent contractors. Neither of the parties hereto, nor any of their respective officers, directors, or employees, shall act as, nor be construed to be, the agent, the employee, or representative of the other. 2.3 Duty to Hold Harmless PAYOR and CorCare each agree to indemnify, hold harmless, and defend the other from all claims, liabilities, damages, losses, and expenses of third parties, as relates to their respective obligation under this Agreement. CorCare, Inc. Payor Agreement Page Three 3. OBLIGATIONS OF PAYOR 3.1 PAYOR agrees to follow the terms and conditions of this Agreement and the Provider Manual, particularly those procedures involving the tracking and management of injured workers. 3.2 PAYOR agrees to offer its covered workers access to CorCare Providers, when medical services are needed for a compensable injury. 3.3 PAYOR agrees to comply with all Minnesota's Laws relating to workers' compensation and managed care organizations. 3.4 PAYOR agrees to deliver the names of eligible covered workers to CorCare and its Providers, and notify in writing CorCare and its Providers of any changes in eligible covered workers or plan coverage. In the event PAYOR provides identification documents to its workers, PAYOR agrees that CorCare Providers can reasonably rely that a person in possession of said documents is entitled to covered services for which PAYOR will pay, pursuant to this Agreement. 4. OBLIGATIONS OF CORCARE 4.1 To make available to PAYOR's covered * workers a network of Providers, who will deliver necessary, appropriate medical care. Each provider is an independent contractor and has agreed to deliver medical services, pursuant to PAYOR's workers' compensation benefit plans, the CorCare/Provider agreement, and the state law. 4.2 To comply with all Minnesota's Laws regarding managed care organizations and workers' compensation. 4.3 To report periodically to PAYOR or its third party administrator claims information in content and form, as agreed to by the parties, and to cooperate with claims administration utilized by PAYOR. 4.4 To provide a directory of CorCare participating Providers for use by PAYOR and its covered workers. 4.5 To assist in developing educational programs for occupational safety and health, and, upon request, facilitate Provider visits to PAYOR's covered employment sites. 4.6 To publish a "Provider Manual," setting forth administrative procedures for billing, referrals, quality, and utilization review. CorCare shall update the manual on a periodic basis. 4.7 To provide tracking and case management services, as requested by PAYOR. CorCare, Inc. Payor Agreement Page Four 4.8 To provide PAYOR orientation materials to be used to inform employers and employees about the MCO program, and how to access medical services through the CorCare. 5. UTILIZATION MANAGEMENT, INSURANCE & INDEMNIFICATION 5.1 Providers agree to participate in, and comply with, utilization review and quality assurance programs established by CorCare. In order to facilitate review, PAYOR will provide CorCare with appropriate authorizations to review medical records or copies or records of workers treated by CorCare providers, including, if necessary, the right to acquire such authorizations or records directly from the worker. where appropriate, PAYOR or worker will provide CorCare with other relevant information pertaining to worker necessary to resolve a claim. 5.2 CorCare requires its Providers maintain professional and malpractice liability insurance in amounts as established by CorCare. 5.3 CorCare is not responsible for payments of claims submitted by any participating Provider for furnishing covered or uncovered services to workers. CorCare is not an insurer, guarantor, or underwriter of the responsibility or liability of PAYOR to provide benefits under any plan. 5.4 In no event shall either PAYOR or CorCare be liable for any claim, injury, demand, or judgment, based on a tort, express or implied warranty, or any other grounds whatsoever arising out of the diagnosis, treatment, or other medical services provided td workers by CorCare participating Providers. 6. MEDICAL RECORDS /CONFIDENTIALITY 6.1 The parties will participate in a system for sharing records among PAYOR, TPA, CorCare, and Providers, subject to State and/or Federal Law regarding confidentiality. The parties agree to retain records in accordance with State and/or Federal Laws regarding record retention. Such obligations continue despite the termination of this Agreement. 6.2 Any authorization for release of medical records signed by an injured worker shall indicate that records will be shared among Payor, TPA, CorCare, and Providers. 6.3 In the event of termination of this Agreement, upon request of CorCare or the injured worker, PAYOR or TPA shall make all relevant medical records available for copying b y CorCare or other participating Providers. 6.4 The parties shall treat all medical records of injured workers as confidential, in accordance with all Federal and State Laws and Regulations regarding the confidentiality of patient records. CorCare, Inc. Payor Agreement Page Five 7, DISPUTE RESOLUTION 7.1 PAYOR and CorCare shall attempt to resolve any dispute under this Agreement informally. Notice of any PAYOR complaint or dispute shall be filed in writing with CorCare within thirty (30) days of the origin of the dispute to assure appropriate processing. Complaints or disputes as to claims management, utilization review, and quality assurance shall be resolved informally, if possible. If resolution is not possible, then the issue will be resolved by arbitration, in accordance with rules and procedures established by the American Arbitration Association. 8. TERMINATION OF AGREEMENT 8.1 This Agreement shall be effective from the date first written above, until terminated or amended. 8.2 This Agreement shall run for a term of one (1) year, unless sooner terminated under the terms of this Agreement. 8.3 This Agreement shall automatically renew for further 1 -year terms on each anniversary date of the effective date of this Agreement. 8.4 This Agreement may be terminated by either party by written notice to the other party sixty (60) days in advance of such termination.. 8.5 This Agreement shall automatically terminate, should either party cease to do business in Minnesota. 8.6 Any termination of this Agreement shall have no effect on the obligations of the parties arising prior to termination. 9. GENERAL PROVISIONS 9.1 This Agreement may not be assigned, delegated, or transferred by either party without the written consent of the other party. 9.2 The validity, construction, and interpretation of this Agreement shall be governed by the laws of the State of Minnesota. 9.3 This Agreement and any attachment, addendum, or other document referred to herein constitutes the entire agreement between the parties hereto pertaining o the subject matter hereof, and supersedes all g J � p prior agreements, understandings, negotiations, and discussions, whether oral or written, or the ■■Nr . . . pertai ung to the subject matter hereof. CorCare, Inc. Payor Agreement Page Six 9.4 This Agreement is not intended to be exclusive. Both PAYOR and CorCare shall remain free to contract with other entities with respect to the type of activities covered n yp under this Agreement, and CorCare may contract with other health care PAYORS with respect pect to services subject to this Agreement. 9.5 Any notice required hereunder shall be in writing, shall g, be deemed to have been given when either: (a) personally delivered; or (b) de osited in the Unite _ • • ce of amendm p d States mail, postage pre -paid, and in th case of noti g p p e amendment of this Agreement, by certified mail. 9.6 In the event any provision of this Agreement is determined ' gr ed to be invalid or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. 9.7 The waiver by either party of breach or a violation of ' ' any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. Failure or • q delay on the part of either party to exercise any right, power, or privilege hereunder shall not operate as a waiver • p ver of any further exercise thereof. 1 0. SCOPE OF COVERAGE 10.1 CorCare will provide MCO services to employers and their employees located throughout the State of ?vlinnesota. 11. COMPENSATION 11.1 PAYOR shall pay to .CorCare fees and/or charges as outlined in the attached financial addendum. IN WITNESS WHEREOF, the parties hereto have executed cited this Agreement. PAYOR 'all J s .Miller LM T Trustee CorCare IA Cynthia L. Ballard, R.N., CCM CorVel/CorCare Manager League of Minnesota Cities Insurance Trust 3490 Lexington Avenue North Shoreview, MN 55126 13 80 Energy Lane, Suite 205A/205B St. Paul, MN 55108 July 20, 1995 taTo MEMORANDUM Action by Counail:i Endorne To: City Manager Michael McGuire Moditie From: Ch ief of Pol ice Kenneth V. Coll ins Rejecte Subject: Alarm Ordinance Date Attached is a draft copy of the revised City of Mapl. ewood alarm ordinance. I would request th the City Council, you and other affected department heads review and recommend any revisions so that it may be put in its final form and placed on the August .14 agenda for its first reading. For your review and handling. KVC:js Attachment • Chapter 4 DRA.F ALARMS AND ALARM SYSTEMS* Art, I. In General, §§ 44 4 -40 Div. l . Generally, § § 4 -1 -- 4 -20 Div 2. False Alarms, §§ 4 -21 -- 440 Art II. Licenses, §§ 4 -41 -- 4 -49 ARTICLE I. IN GENERAL DIVISION 1. GENERALLY Sec 44v Definitions. For the purposes of this chapter, the following words,, ds, terms and phrases shall have the following respective me ' g p meanings ascribed to them. Alarm agent; "Alarm ag ent", shall mean wwovilRipul '-- g any person "11 "ICOU111 UUb lllU:Sb VILIXI U11CULl U. , whose duties in whole or in art include ude selling, maintaining, servicing, • • g g� g, sing, repairing, . ar installing, monitorin o ratin - I g or responding to, alarms or alarm systems a piatx; vi P 1 3. all d1i1H-rrb nywhere within m the ci t y . Alarm, audble: "Audible alarm" shall mean =.r aa, vra i.i., ► �L/CUa.�i/�� gu a, i ic so LUIU Lyn � an alarm system, ' y , or a functional component thereof, designed and emplaced to emit a noise sufficient) l oud oud to attract the notice of passersby when operated. Alarm business: "Alarm business" shall mean any person in the city engaged s in whole or in art in selling, ' p. -.._: g, leasing, maintaining, repairing, altering, replacing, moving, installing, g, r o monitoring any alarm system or causing o be sold, ,maintained, , repaired, altered, replaced, moved, installed or monitored an alarm system in or on any building, lace ur remi g p p ses or vehicle *Cross reference -- Fire prevention and protection, Ch 12 State law reference -- Alarm transmission telephone devices, M.S. § 237.47. ALARMS AND ALARM SYSTEMS Sec 4E -1 .Alarm, false: "False alarm" shall mean the aztiw t l erin of an alarm sYSECUT through C - ompo_n_en_t failure malfunction, improper installation, or the neg ligence of the owner or lessee of an alarm system or of his employees or agents. It does not include tri erin of the alarm b acts of utility y God or by utility company power outages. Alarm, contract: " ntract Alarmil shall mean an al rm system or devc motectine a fixed pMm s within the Qj which is rem tel Q or monitored or res onde to-by tg an alarm business s from a loca tion within or putside the Ci tv. Alarms nuisance: "Nusan a alarm" shall m . can an au i 1 alarm . nfnn d b observation bv r s ondin u lic afe ersonnel to b e emittin con inuou or re etitive false Alarms, dis t r in he P-Mb lic 2gacein circumstances such that a responsi bl e DgEly Cannot be identified or is unavailable to silence said alarm. Alarm, proprietor: "Proprietor alarm" shall p mean an alarm maintained o er ted and res nded to b he ser without the DarticiDItion of a n alarm "iness. Alarm system: "Alarm system" shall mean an assembly of equipment and devices (or a 113 3. 31 any device or apparatus for automatically signalling the occurrence of an unlawful event or unsafe condition that requires a response by public safety personnel. Person: "Person" shall mean an ind i vidual, victual, partnership, corporation, or other entity. Subscriber: "Subscriber" shall mean a ' . customer of an alarm business • . , UI al Tal III System whomby c ntract or a.�rccmcnt receives service includin manten nce moni tonne. rem oDerationof or res onse to an rati nal alarm s or installed (Ord. No. 483, § 1216.010 3-6-80) Cross reference -- Rules of construction and definitions generally, 1 -41 et se Y§ . q 2 , i ALARMS AND ALARM S'YST'EMS Sec 4E -2 Sec. 4 -2. Exemptions. Rescind i `• Sec. 4 -3. Standards for alarms stems r ' systems, proprietor alarms and c ontract alarms. The. director of public safety may prescribe minimu Y p m standards for the construction and maintenance, and may r in spect i on y q nspection and approval, of all al arm. systems, proprietor alarms and contract alarms oiDerated within the city These reg ty shall become effective upon adoption b council reso lution, ution, and all devices shall meet or exceed such standards before lic eases may be issued under this chapter. Such standards shall not exceed the requirements specified by Underwriters Laboratories Inc. r , o Factory Mutual Research Corporation. (Ord. No. 483 1216.02 § 010 3 -6 -80) S ec. 4 -4. Audible alarm requirements. All audible alarms in the city shall meet the following requirements: (1) Every person possessing an audible alarm at an r esidence, esidence, place of business, or other fixed premises shall p�ot C maintain current record t the De artment of Public, afM,.►f the name and telephone number of p the persons to be notified to render repairs or service'ualIn g when the alarm is triggered. (2) Audible alarms that sound like police or fire sirens are forbidden. 3 Sec 4E -5 ALA1��viS AND ALARM SYSTEMS (3) Audible alarms shall have an automatic shutoff which will silence the audible .aignal within a period not to exceed twenty (20) minutes for fixed locations, or five (5) minutes for y hiclg alarms (Ord. No. 483, § 1216.020 3 -6 -80) Sec. 4 -5. Alarm agents. No person shall A 1 VIVIMULIE operate as an alarm agent in the city, unless he is employed by an alarm company licensed under provisions of this chapter. (Ord. No. 483, § 1216.030 3 -6 -80) Sec. 4 -6. Alarm transmission telephone devices. No person shall install an alarm system, or use and possess an operative alarm system, which utilizes an automatic, dialer to deliver LdPUU T prerecorded voice messages via whiUruli v ca - a telephone alai Ill I r to the city public safety communications center. (Ord. No. 483, § 1216.030, 3 -6 -80) State law reference - -Alarm transmission devices, M.S. § 237.47. Secs. 4 -7 -- 4 -20. Reserved. DIVISION 2. FALSE ALARMS* Sec. 4 -21. Reports required. A report shall be filed with the director of public safety within ten (10) working days after alarm for each and every alarm transmitted to the police department and if requested by the director of public safety, such report shall contain all information specified by the director of public safety. (Ord. No. 483, § 1216.020, 3 -6 -80; Ord. No. 491, § 1, 7- 24 -80) Sec. 4 -22. Responses by city to false alarms; written reports required; inspections; fees; excusable false alarms; etc. 4 ALARMS AND ALARM SYSTEMS Sec 4-22 (a) No fee shall be charged for a ies panse the first two responses r_. i r -■ i rrrrr� r��rn..r,r ri rr..rr�r by the city to a false alarm from an alarm system at a fixed location in the city at which no false alarm has occurred within the precedin six -month period, ' . - *State law references -- Falsely reporting ' crime. M.S. § 609.505; false fire alarms, M.S. § 609.6866 o �• -- i - "I& !- W • . - • • - !• - !r K111 I r - Ingo - r rr • BAN I I [oil 14INWOO Ri - liar, Welis 1101i I a P1181 Is - VIIIJ NV92 ! • • If t Of I W17 • • i IWA 14tvil - i 11U • (b c) For a third false alarm response by the city to an alarm system at a fixed, location in the city within six (6) months after a second such response, a - penaltyf twenty -five dollars ($25.00) r � r •rr■r�.w be assessed against the proprietor ors bscriher of the alarm system and the Director of Public Safely mgy re wire the proprietor or subscriber to complete a written report for this and anv sub false alarms on a form tgovided for this purt)ose the Department of Ej Safety ' ter,_ ...r. .�...rr... r 1vbFv11bC; - - . 7 7 • . • • • . . A fourth false alarm within a rr_. month period will he .rr.r rrr_.rr+�i..rrr period ..r assessed ,,, enal of foM dollars 40.00 nd a fifth false alarm wit hin a six month ri wi ll be a sessed a mnaltv of fift dollar 50.00. Thereafter ea ch additional false alarm Mjthin the same six Mo nth eri d will be assessed a penalty of one hundred dollars ($ 100.00 In addition the of public 5afe1y ma n the ixth or subse uent f Ise alarm in a six month period revoke the license for the alarm.. pursuant to §449 (a)(3 ) of this section 5 Sec 4E ALA IMS AND ALARM SYSTEMS (d) The director of public safety may excuse false alarms at a fixed location when there is evidence that they are the result of an effort or order to upgrade, install or maintain an alarm system or if one or more false alarms result from the same malfunction within a seven (7) day period of time. (Ord. No. 483, § 1216.060, 3 -6 -80 (e) All delinquent c arges shall be certified to the City Clerk who shall prepare an assessment roll providing for assessment of the del, inc�uent amounts against the respective gro�erties This assessment roll shall be delivered to the Council for adoption in the manner provided by law. Such action maybe optional or subsequent to the taking- of legal action to collect delinquent accounts. Sec. 4-23, vehicle alarms silencing of nuisance alarms. repairpr deactivation ( a) It is a violati n of this Qrdinance for the owner renter or leaser of any vehiclegQuiiDDed with an audible alarm or alarmsystem to operate such alarm or alarm uDon an street or in an publ place in the Citv in such condi or at such a de ree of en itivi that he alarm is readilv tri ered bv normal innocuous events and activities such as passing vehicles or pgdestrians. bbl when the public peace isdis disturbed by a. nuisance alarm on a vehicle asked in any 121ace within the Ci1y a peace officer resnondina to the scene ma . y , if the vehicle operator cannot be found direct atowina or lock service summoned for this pumose to the vehicle silence the alarm and relo k the vehicle The p&ace flicer will is ue a citation to the vehicle owner for a vi la ion of this Ordinance. (c) When three or more false alarms within seven days are reported to the Department of Public Safety for an audible alarm in A. Yehicle re gularly narked or orated within the Cit officers of the Department may upon determining that said alarms are due to malfunction or excessive sensitivity of the alarm sXstem issue a Notice of Eouipment Violation under this Section. requiring the owner of the vehicle to have the system repaired or deactivated on ALARMS AND ALARM SYSTEMS Sec 4-41 ( d) Failure to resDond to the Notice of ui me t violati n as set forth therein shall c nstitute a pe misdemeanor Dunish ble by. a fine of $100.00. Secs. 4 -24 -- 4 -40. Reserved. ARTICLE Ii. LICENSES* Sec. 4 -41. Required for alarm business, alarm system, proprietor alarm or audible alarm. (a) Effective March 1 S, 1980, a license under this article shall be required for each alarm business, alarm system, proprietor alarm or aadflute con ract alarm in the city; however., , no ense hall be reauired for vehicle alarms or portable a udible alarms carried for rsonal protection. (b) No person or company shall engage in, conduct, or carry on an alarm business in the city without first applying for and receiving a license therefor in accordance with the provisions of this article. (c) No person shall install an alarm system, almill al or use arrd possess ,. or subscr_ib._eto an operative alarm system, proprietor alarm, or a adib contrgct alarm in the city, without first applying for and receiving a license in accordance with the provisions of this article. (Ord. No. 483, § 1216.030, 3 -6 -80) Sec. 4 -42. Approving authority. The approving authority for all licenses under this article shall be the director of public safety. (Ord. No. 483, § 1216.040, 3 -6 -80) Sec. 4 -43. Issuing authority. The issuing authority for all licenses under this article shall be the city clerk upon receipt of approval from the director of public safety. (Ord. No. 483, § 1216.040, 3 -6 -80) sec 4E-4E5 ALARMS AND ALARM SYSTEMS Sec. 4 -44. Applications -- Generally. Applications for all licenses required under this article shall be filed with the city clerk. The city clerk shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the license application. (Ord. No. 483, § 1216.040, 3.6 -80) Sec. 4 -45. Same -- Alarm business; investigations; basis for denial of license. (a) The director of public safety shall conduct an investigation of the applicant for an alarm business license under this article to determine his character, reputation, and moral integrity; provided that the director of public safety, at his discretion, may dispense with the investigation upon being furnished with an authenticated copy of a current alarm business license issued by another governmental agency located in the county. (b) The license shall be denied if the character, reputation or moral integrity of the applicant is determined to be inimical to the safety or the general welfare of the community, or if the applicant falsifies any information in the license application. (Ord. No. 483, § 1216.040, 3 -6 -80) *Cross reference -- Licenses generally, Ch 170 Sec. 4-46. Same -- Alarm systems, proprietor alarms and audible alarms. (a) The application for licenses for alarm systems, font_ tact a alarms and proprietor alarms required by this article shall require the name, address and telephone number of the person or alarm business who will render service or repairs during any hour of the day or night. N ALARMS AND ALARM SYSTEMS Sec 4-47 (b) Licenses shall be issued to the person owning, using, .subscribing to, or possessing the alarm system, proprietor alarm or contract alarm. Alarm businesses shall assist in the processing of applications for their subscribers. The subscribers shall forward the completed application and the license fee to the city clerk. When a proprietor alarm or contract auumte alarm is in operation and not serviced by an alarm business, the application for the license and payment of the license fee shall also be made directly to the city clerk. A copy of such application. and license shall be forwarded by the city clerk to the director of public safety. (Ord. No. 483, § 1216.040 3 -6 -80: Ord. No. 491, § 1, 7- 24 -80) Sec. 4 -47. Required bonds from alarm businesses. (a) Each alarm business shall furnish to the city clerk, prior to the issuance of the license under this article, evidence of a corporate surety bond in the principal .amount of five thousand dollars ($5,000.00). The bond shall be conditioned as follows: (1) Upon the observance by the applicant and each operator of the business of all the provisions of this chapter; and (2) Upon the truth of all the representation made in connection with the application for the license under this article. (b) Such bond shall inure to the benefit of the city, but any person injured or aggrieved or who sustained loss or damages through fraud, deception, negligence or tortious conduct on the part of the alarm business, or its alarm agent, shall have a right to recover against the bond in the event of the bankruptcy or insolvency of the licensee. (Ord. No. 483, § 1216.050, 3 -6-80) Sec. 4 -48. Fees; exemptions. (a) Alarm business licenses. An annual license fee of fifty dollars ($50.00) shall be due and payable on March 15, 1980, and on January first of each subsequent year for each alarm business operating from or p_rovidinia service within the city. Such license fee shall not be prorated. 0 Sec 4 ALARMS AND ALARM SYSTEMS (b c) Fee exemptions. The United States government, the state the county, the city or any departments thereof p , are exempt from the fee requirements of this section. .• -- i- /� • •• ! 0 . / . 11 t oftwillook . - v 4 1110 i! i - -M III MWAkkil KOM I I & 9j*j%lwsj ELoritip Nyl!wtsm •� • .. t .• TA Lw7x$j 18 ILISAm to E M • i • • - !i a • • • !! lm- ; M ; MEN • - t. I I I I I I i - ! Lei I Ky - ' .�. • ; I I's a I WI b b b IL 14 111 tILW • r tt • - . b - f • (b c) Fee exemptions. The United States government, the state the county, the city or any departments thereof p , are exempt from the fee requirements of this section. .• -- i- /� • •• ! 0 . / . 11 t oftwillook . - v 4 1110 i! i - -M III MWAkkil KOM I I & 9j*j%lwsj ELoritip Nyl!wtsm ql7 ! - - • - / 4 . • M I i i • •- hmrb b ILISAm to E M • i • • - !i a • • • !! lm- ; M ; MEN • - t. I I I I I I i - ! Lei I Ky - ' .�. • ; I I's a I WI • tt - r t - f • "111 f - /1 I I I , ► ! t i - a lli • / to a - - f • Wl idW I K4 I I 11111 RN 4 1 ! • • i • Om I =I 11 IK I 110 1 PWILIAll Nitivwm 10 , t •- !! • - • 10 ALARMS AND ALARM SYSTEMS Sec 4-49 �i - - •r • • i i - • i • . • - - • r. - • • • • • Y • l e e �i • �� 1 . a o s a Editor's note -- Section 1216.080 of Ordinance No. 483 adopted March 6, 1980, provides: "The $25.00 fee for an annual alarm system license shall expire January 1, 1982, unless other action taken." Sec. 4 -49. Suspension and revocation of licenses. (a) The following shall constitute grounds for revocation or suspension of licenses issued under this article: (1) The violation of any of the provisions of this chapter or failure to comply with same. (2) Where the character or moral integrity of the license holder or his employees is determined inimical to public safety or the general welfare of the community. (3) An alarm system, proprietor alarm or audible alarm license may be revoked where such device actuates excessive false alarms (more than six (6) in a six (6) month period) and thereby constitutes a public nuisance. (b) Upon the suspension or revocation of an alarm system, proprietor alarm or audible alarm license, the director of public safety may order the disconnection of such alarm system; provided that, no disconnection shall be ordered as to an remises required b any q y law to have an alarm system in operation. (Ord. No. 483, § 1216.070 3-6 -80) 11