HomeMy WebLinkAbout07-24-1995 MINUTES OF MAPLEWOOD CITY Council
7:00 P.M., Monday, July 24, 1995
Council Chambers, Municipal Building
Meeting No. 95-14
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
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 Absent
Sherry Allenspach, Councilmember Present
Dale H. Carlson. Acting Mayor. Present
Marvin C. Koppen. Councilmember Present
George F. Rossbach. Councilmember Present
Acting Mayor Carlson expressed the Council's condolences on the death of Sister Clare
Lynch.
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 95-13 (July 10, 1995)
Councilmember Rossbach moved to approve the minutes of Meeting No. 95-13
(July 10. 1995) as corrected:
Page 8, Item J-4 = vote was:
Ayes--=Mayor-.@astian, Ar ina Mayor.
c„ar-l-son-CeR,n~i
tmembers
A4-1-en=,_Kop~~en
Abstain - Councilmember Rossbach
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA:
- Councilmember Koppen moved to approve the Agenda as amended:
Ll Valley Branch Watershed
L2 Harvest Park
Seconded by Councilmember Rossbach Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
NONE
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F. CONSENT AGENDA: ,
Councilmember Rossbach moved. seconded by Councilmember Koppen; ayes - all.
to approve the Consent Agenda as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:. $ 978,797.63 Checks #5206 - #5269
Dated 6-30-95 thru 7.12-95
$ 70.683.99 Checks #20863 - #20995
Dated 7-24-95
$1,049,481.62 Total Accounts Payable
PAYROLL: $ 266,295.60 Payroll Checks #82506 thru #82783
Dated 7-14-95
$ 44,,088.03 Payroll Deduction Checks #82788 thru
#82807 dated 7-14-95
$ 10.683.00 Payroll Checks #82471 thru #82488
Dated 7-7-95
$ 321.066.63 Total Payroll
$1.370.548.25 GRAND TOTAL
2. Change of Managers: Chi Chi's, 3069 White Bear Avenue
Approved the application of Robert J. Phillips for an intoxicating liquor
license as manager of Chi Chi's at 3069 White Bear Avenue.
3. Change Orders: Western Hills Park
Approved two Change Orders for Western Hills Park totaling $38,640,
modifying the contract as follows:
Original Contract $296,344.80
Delete Change Order #1 38.000.00
Subtotal 258,344.80
Add Change Order #2 640.00
$258,984.80
G. PUBLIC HEARINGS
NONE
H. AWARD OF BIDS
NONE
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L UNFINISHED BUSINESS
1. Grandview Addition (Carver Avenue) - Code Variation.
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Councilmember Koppen moved to table this item until the meeting of
August 28. 1995.
Seconded by Councilmember Rossbach Ayes all
2. First Evangelical Free Church (Hazelwood Street)
a. Manager McGuire presented the staff report..
b. Director of Community Development Coleman presented the specifics of the
report.
c. Acting Mayor Carlson asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
John Gregorson, representing the Church
Laurel Hawkins
Conditional Use Permit Revision
d. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95-07-84
CONDITIONAL USE PERMIT TO EXPAND PARKING LOT
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.
Seconded by Councilmember Koppen Ayes - all
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e. Councilmember Rossbach moved approve the revised plans (stamped Mav 24.
1995) for first Evangelical Free Church at 2696 Hazelwood Street. The
aoolicant 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 three years if the contractor has not
started building the parking lot.
3. 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)
4. 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.
5. Submit a grading, drainage, utility and erosion control plan to the city
- engineer for approval before starting the parking lot.
6. Install an in-ground sprinkler system for all landscaped areas. (Code
requirement)
7. Submit the plans for all Phase II development to the Design Review Board
for approval.
8. 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
80X 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)
9. Construct concrete curbing around the proposed parking lot and drives.
(Code requirement)
10. Paint the doors on the north end of the building. (Code requirement)
11. Restripe the existing parking lot and stripe the new parking lot to meet
code.
12. Review the permit on .November 13, 1995.
Seconded by Councilmember Koppen Ayes all
3. Parkview Townhouses (Londin Lane) - Zoning Map Changes - Findings to Deny
a. Manager McGuire presented the staff report.
b. City Attorney Kelly presented the Findings of Fact and Conclusions of
Law.
c. Director of Community Development Coleman presented the specifics of the report.
d. Acting Mayor Carlson asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
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e. Acting Mayor Carlson moved to approve the following Findings of Facts
. and Conclusions of Law to deny the Parkview Townhouses preliminary plat:
FINDINGS OF FACT
1. Applicant owns the 20-acre parcel in the City of Maplewood as
more particularly described in Exhibit A.
2. The subject property is presently zoned as a farm residence
district (F district). The uses permitted in the f district are
those specified by ordinance including the uses permitted in the
R-1 (single dwelling) residence district.
- 3. There are adjacent properties to the South and East zoned F.
4. The Comprehensive Land Use Plan currently designates the subject
property for medium-density residential development. This
classification is designated for various housing types including
single-family houses on small lots, two-family homes, townhouses
and mobile homes.
5. The application requests, in part, a rezoning of the subject
property from F district to R-3 (multiple dwelling) residence
district.
6. Applicant sought a partial rezone from F to limited business
commercial (LBC).
7. The Ramsey County Engineer recommended the dedication of three
feet of additional right-of•way on McKnight.
8. The City staff recommended the dedication of a wetland easement
to include a proposed pond and a 100-foot buffer between the
building improvement and the proposed pond.
9. The drainage plan has been approved by the watershed district.
10. The grading and landscaping plan has been approved by the
Department of Natural Resources but may be subject to additional
DNR permits.
11. City staff has reported that the proposed rezoning is consistent
with the existing land use plan designation.
12. Notice of the application and proposed rezoning was mailed to
_ those property owners identified in records filed in Ramsey
County.
13. City ordinance and past practice provides that the City relies
upon the identification of owner obtained from County records.
14. Notice of the application and proposed rezoning was. properly
made in reliance upon the appropriate records .filed in Ramsey
County.
15. The City staff determined that the .proposed density of the
townhouse project is equivalent to 5.7 units per acre.
16. The Ramsey County Engineer reported that the roads servicing the
proposed development had capacity for an additional 6,000 cars
per day.
17. The accuracy of traffic projections in light of a new interstate
interchange in the vicinity is debatable.
18. Traffic projections by the County Engineer utilized 1993 traffic
counts.
19. The accuracy of County traffic projections is questionable as a
result of past inaccurate County traffic projections and failure
to consider traffic produced by developments to the south and
east of the subject property.
20. A public hearing was conducted as required by law.
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21. Numerous citizens spoke in opposition to the proposed rezoning.
22. Objections were raised by citizens regarding the negative impact
of additional traffic upon pedestrian activities in the subject
area.
23. Objections were raised by numerous citizens as to the motor
vehicle safety affected by additional traffic relative to the
proposed rezoning.
24. City staff reported that the proposed sedimentation pond was not
designed to contain all stormwater and snow melt runoff from
proposed development.
25. Objections were raised by numerous citizens as to the adequacy
of the sedimentation pond proposed for the development and the
potential negative environmental impacts.
26. Testimony showed the .potential for depreciation 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
development with the character of the neighborhood to be
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 discussion regarding the need for a greater variety of
housing types than that proposed in the development.
30. A lack of diverse housing stock 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 by
the proposed development of multi-family residential.
32. Burden upon existing open space areas will be increased as a
result of proposed development of multi-family residential.
33. Expanding existing City streets as a result of multi-family
residential development is likely to cause financial burden to
the City due to probable unavailability of special assessment
funding.
CONCLUSIONS OF LAW
1. The authority of the City Council to zone property or to amend
its zoning is a legislative function of the City .Council.
2. The power of the City Council to amend and revise the zoning
ordinance must be exercised reasonable in furtherance of the
public health, safety and welfare.
3. Neighborhood testimony in opposition regarding the rezoning
application and preliminary plat application may be considered
and taken into account by the City Council.
4. The City Council may reasonably consider all information,
documentation, evidence, and testimony which was heard of the
public record and/or presented to the City Council at the public
hearing.
5. The City Council may rely upon its own background and knowledge
and expertise in making its decision so long as it does not act
unreasonably or arbitrarily or capriciously..
6. The subject property may continue to be proposed for development
with the existing zoning classification.
7. There is no evidence or testimony to indicate that the existing
zoning district constitutes a regulatory taking.
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8. The applicant bears the burden of persuading the City Council
that the existing zoning classification was either mistaken or
that the character of the neighborhood has changed to such an
extent that no reasonable use can be made of the property in its
current zoning classification.
9. The Comprehensive Land Use Plan is advisory and, in the case of
a conflict, the zoning classification takes precedence over the
Comprehensive Plan designation.
10. The application has the potential to adversely affect the public
health, safety and welfare due to traffic, lack of housing
diversity, lack of neighborhood compatibility, increased burdens
upon scarce public resources and general public opposition.
11. Applicant has failed to bear the burden of proving sufficient
justification for rezoning the subject property.
12. Application for preliminary plat approval must be denied as
inconsistent with the zoning classification and the purpose of
the City subdivision ordinance.
13. Application for site and landscape plan approval must be denied
as inconsistent with the zoning classification.
Seconded. by Councilmember Koppen Ayes - all
4. Cable Communications Franchise Ordinance - 2nd Reading
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 736
AN ORDINANCE GRANTING A FRANCHISE TO GROUP W CABLE OF RANSEY/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 Purpose. 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.
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Studies participated in by Grantor and Commission have led the way for organizing this means
of procuring and securing a System deemed best 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 Authority. The original Ramsey/Washington Counties Suburban Cable Communications
Commission, under federal and state authority, granted a Franchise for a System operating
within the Commission's territorial boundaries and prohibited operation 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 Commission is to be
created pursuant to Minnesota Statutes § 471, and the individual member municipalities
comprising Commission, including Grantor, must therefore enter into a franchise relationship
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 Processin4 Fee. Company shall be required to reimburse Grantor for all
costs incurred including attorneys' fees in soliciting and evaluating applications, and
processing 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 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 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.
3.04 "Community Pro4rammind' shall mean the programming that will be the responsibilit~~-
of the Commission or its designee, pursuant to the Franchise Agreement.
3.05 "Community Pro4rammin4 Channels" shall mean all of the Channels on the System
'designated for Community Programming in the Franchise Agreement.
7-24-95 8
3.06 "Company" shall mean Group W Cable of Ramsey/Washington, Inc., its agents,
>mployees, 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 Company 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. 736 adopted by the Grantor on the 24th day of July, 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.
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 ofi Maplewood, Minnesota,
-:.its governing body, and its lawful assigns or designees, including specifically the
;ommission.
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 Municipality" 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 "Offerin4 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. 736 of the Municipality.
3.17 "Ramsey/Washington Counties Suburban Cable Communications Commission" or
"Commission" shall mean the joint powers commission established by the cities of Birchwood
Village, Dellwood, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadnais Heights.
White Bear Lake, and Willernie, 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.
3.19 "Public Property" shall mean any real property owned by Grantor or any other
governmental unit, other than a Street.
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3.20 "Street" shall mean the surface of and the space above and below any public street
road, cartway, 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" shall mean a broadband telecommunications system of antennas, cables.
wires, lines, towers, waveguides 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.
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
franchise relationship on substantially the same terms and conditions as previously existeu
between the original Commission and Company. In the event any. term or condition herein
differs in any substantive respect from a term or condition in therprior Franchise, such
prior Franchise term or condition shall continue in full 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.
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 other 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.
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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 13, 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 Required. No System shall be allowed to 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 Capacit.v.
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.
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 standards 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,bf the special
testing.
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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) year
of certification by Board.
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 (550.00) 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 Ri4hts. Nothing in the franchise shall be construed t
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
7-24-95 12
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 poles, wires, conduits
or other 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.
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, Subscribers 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.
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.
7-24-95 13
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 Liability 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 Duty to Company. Nothing contained in the franchise shall relieve any Person from
liability arising out of the failure to exercise reasonable care to avoid injuring 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 c
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 both 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 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 terminatio..
of the Franchise, Grantor shall have the right to purchase System in the manner set forth in
the Franchise Agreement.
7-24-95 14
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 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 fora 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
lists that identify the viewing habits of Subscribers shall be sold or otherwise made
available 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 System 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.
7-24-95 15
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.
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 Subscri er 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 file 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 subsequer'
disclosure containing the information in question., clearly note that it is dispute.
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 statement is in the record
and may be obtained on request does not comply with this Section.
ARTICLE 11. 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 channels must be consistent wit'';
the goal of affording the public a low-cost means of television access.
7-24-95 1F
11.02 Additional Communitv Programming Channels. Whenever the specially designated
`loncommercial 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 anew 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 between 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 Alarm Service/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.
11.05 Communitv Programming Equipment. 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
/Net, which is part of the System, in accordance with the provisions of the Franchise
':agreement.
11.07 Access to Communitv 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 Compliance 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.
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.
7-24-95 17
B. When the Commission franchise administrator determines that a proposed change
alteration or substitution in Company's Offering will be noncontroversial in nature'r>
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;
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 om 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 (550.00) 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 of 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 fourtee
(14) calendar days of publication of the notice unless a public hearing is''
required.
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 Offering 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.
d. Undue delay, expense of other adverse results will not occur by approval of
the re uired 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.
7-24-95 1F
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, andlor its designee, shall be 'responsible for the continued administration
of the Franchise.
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 Grantor.
A. From and after the effective date of the Franchise, it shall be unlawful for any
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 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 distributing 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.
7-24-95 1~
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 oi``''
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, acoustically, inductively or otherwise,
with any part of a franchised System within Grantor 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.
ARTICLE 13. EFFECTIVE DATE: PUBLICATION: DISSOLUTION
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 fifte€`
(15) years. The Commission may be terminated only upon the expiration the Joinl
Powers Agreement or by the operation of state or federal law.
B. Distribution of Assets. Upon dissolution of Commission, alT remaining assets of
Commission, after payment of obligations, shall 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.
13.03 Acceptance Procedure.
A. Company shall 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
subsidiary or wholly owned corporate entity of a parent corporation, performance c
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. `
7-24-95 20
D. With its acceptance, Company shall deliver to Commission true and correct copies of
documents creating Company and evidencing its power and 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 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 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 into 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 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 by reference, Grantor, from time to time, may amend this 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 such amendment.
Seconded by Councilmember Koppen Ayes - all
7-24-95 21
5. Joint Powers Agreement - Hockey Arena
a. Manager McGuire presented the staff report.
b. Acting Mayor Carlson asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
c. Councilmember Rossbach moved to approve a very general concept for a
ioint powers agreement to construct a hockey arena at Tartan High
School..
Seconded by Councilmember Koppen Ayes all
This item will be on a future Council agenda.
J. NEW BUSINESS
- 1. Staff Appeal of Building Materials - Cub Foods and Home Depot, Maplewood Retail
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Boardmember Robinson presented the Community Design Review Board report.
d. Acting Mayor Carlson asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Greg Madson, representing Cub and Home Depot
e. Councilmember Koppen moved to require rock face on the north and east of
Cub Foods to where the loading deck pro.iects. and .Home Depot and Cub
- foods to carry the color scheme band around .the entire building.
Seconded by Councilmember Rossbach Ayes - all ;
2. Preliminary Approval of 1995 Improvement and Refunding Bonds
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Allenspach moved to schedule a special Council meeting at
4:30 p.m. on Thursday, August 24 for a bid award on the 1995 bond
issues.
Seconded by Councilmember Koppen Ayes - all
7-24-95 22
d. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
95-07-85 -
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE
OF 5915,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A
A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has
heretofore determined that it is necessary and expedient to issue the
City's 5915.000 General Obligation Improvement Bonds, Series 1995A (the
"Bonds"), to finance improvement projects in the City; and
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"), as its independent financial advisor for the
Bonds and is therefore authorized to sell the Bonds by a competitive
negotiated sale in accordance with Minnesota Statutes, Section 475.60.
Subdivision 2(9):
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Authorization: Findings. The Council hereby authorizes
Springsted to solicit bids for the competitive negotiated sale
of the Bonds..
Z Meeting; Bid Opening. The Council shall meet at the time and
place specified in the Terms of Proposal attached hereto as
Exhibit A for the purpose of considering sealed bids for, and
awarding the sale of, the Bonds. The City Clerk, or her
designee, shall open bids at the time and place specified in
such Terms of Proposa L
3. Terms of Proposal. The terms and conditions of the Bonds and
the negotiation thereof are fully set forth in the "Terms of
Proposal" attached hereto as Exhibit A and hereby approved and
made a part hereof.
4. Official Statement. In connection with said competitive
negotiated sale, the officers or employees of the City are
hereby authorized to cooperate with Springsted and participate
in the preparation of an official statement for the Bonds and to
execute and deliver it on behalf of the City upon its
completion.
Seconded by Councilmember Koppen Ayes - all
e. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
7-24-95 23
95-07-86
PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE
OF 11,224,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 19956
A. WHEREAS, the City Council of the City of Maplewood. Minnesota, has
heretofore determined that it is necessary and expedient to issue the
City's 11,225,000 General Obligation Tax Increment Refunding Bonds.
Series 19956 (the "Bonds"), to refund the 2000 through 2009 maturities
of the City's General Obligation Tax Increment Bonds of 1989, dated
November 1, 1989;Wand
B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul,
Minnesota ("Springsted"), as its independent financial advisor for the
Bonds and is therefore authorized to sell the Bonds by a competitive
negotiated sale in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9):
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Authorization: Findings. The Council hereby authorizes
Springsted to solicit bids for the competitive negotiated sale
of the Bonds.
2. Meeting: Bid Opening. The Council shall meet at the time and
place specified in the Terms of Proposal attached hereto as
Exhibit A for the purpose of considering sealed bids for, and
awarding the sale of, the Bonds. The City Clerk, or her
designee, shall open bids at the time and place specified in
such Terms of Proposal.
3. Terms of Proposal. The terms and conditions of the Bonds and
the negotiation thereof are fully set forth in the "Terms of
Proposal" attached hereto as Exhibit A and hereby approved and
made a part hereof.
4. Official Statement. In connection with said competitive
negotiated sale, the officers or employees of the City are
hereby authorized to cooperate with Springsted and participate
in the preparation of an official statement for the Bonds and to
execute and deliver it on behalf of the City upon its
completion.
Seconded by Councilmember Koppen Ayes - all
3. Amendment of TIF Plan for Purchase of Property Adjacent to Community Center
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Rossbach moved to table Item J-3 to a future Council
meeting.
Seconded by Councilmember Koppen Ayes - all
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4. Open Space Progress Report
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to accent the report and to not place Open
mace Progress Report on the Agenda until further notice
Seconded by Councilmember Allenspach Ayes all
5. Managed Care Contract with CorVel
a. Manager Mc6uire presented the staff report.
b. Councilmember Koppen moved to approve the contract for Managed Care
services (for the control of worker's compensation costs) as provided by
CorVel.
Seconded by Councilmember Allenspach Ayes - all
6. Alarm Systems
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Councilmember Rossbach moved to place this item on the August 14. 1995
Council Meeting Agenda.
Seconded by Councilmember Koppen Ayes - all
K. VISITOR PRESENTATIONS
1. Emil Sturzenegger, Connemara Condominiums
a. Mr. Sturzenegger questioned if there is any money left for Open Space
and suggested that, if so, perhaps the City should purchase the Parkview
(Johnson) property.
b. Council will take the suggestion under advisement.
L. COUNCIL PRESENTATIONS
1. Valley Branch Watershed
a. Councilmember Rossbach announced there is a public hearing July 31, 1995
at Oakland Junior High.
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2. Harvest Park
Councilmember Rossbach commented on the loss of trees; neighbors complaints
the area has become a "lovers lane"; requested additional patrolling.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJWRNMENT OF MEETING
8:40 P.M.
- ,G~?
u 'Ile E. Aurelius, City Clerk
7-24-95 26