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HomeMy WebLinkAboutAgenda Packets - 1998/05/04 A ,..,w `' .fir -:--. x ::2.gY .tis a..ma. _.'t e 11111entm% :7 :PMOUNDtVIEVVIMIOLO si 's s„„,..,. „r a ,, EV I S E �f�l[ F NDA X9 4 `'�R' �' � Riat*Salg!***11%-Viablarl-MiSy aX4g4:tEVVzt-V'm ,.a `� -<*t fix.--- __,V, �-fit.: - .rt s ftn t '�- ll` n +:.”- a -1sap , z a, f -: Items Discussed Per Consensus 1. Request to open meeting A. Vote to approve Resolution No. 5234,A Resolution approving a Premise Permit Renewal Application to conduct Charitable Gambling(Raffle and Pull-tab sales) at Donatelle's Restaurant. CLOSE MEETING 2. Discussion of Cable TV Franchise Agreement. 3. Discussion of MNDOT Meeting Review. 4. Discussion of Mermaid Project Status Report. 5. Discussion of Comprehensive Plan Status. 6. Discussion of District Athletic Field Maintenance Proposal. 7. Discussion of Community Center HVAC System. 8. Discussion of Assessment Policies and Street Construction. 9. Discussion of City Hall Reorganization. 10. Discussion of Collective Bargaining Negotiations Status. 11. Discussion of Anoka County Agreement for Fire Dispatching Services. 12. Discussion of 1999 Budget Schedule. I CITY OF MOUNDS VIEW WORK SESSION AGENDA May 4, 1998 6.00 p.m. Items Discussed Per Consensus 1. Discussion of Cable TV Franchise Agreement. 2. Discussion of MNDOT Meeting Review. 3. Discussion of Mermaid Project Status Report. 4. Discussion of Comprehensive Plan Status. 5. Discussion of District Athletic Field Maintenance Proposal. 6. Discussion of Community Center HVAC System. 7. Discussion of Assessment Policies and Street Construction. 8. Discussion of City Hall Reorganization. 9. Discussion of Collective Bargaining Negotiations Status. 10. Discussion of Anoka County Agreement for Fire Dispatching Services. 11. Discussion of 1999 Budget Schedule. Memo April 30, 1998 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: May 4, 1998 City Council Work Session Here is what is on the agenda for Monday evening's 6 p.m. work session: Item 1 - Cable TV Franchise Agreement: Cor Wilson and Tom Creighton will be present to review the status of the franchise negotiations. The last draft I received is in your packet. One interesting aspect of this is the internet access options that exist under this approach. Cor and Tom can review this with you. Council will note sites in the rear of the packet that would or could be linked by modem to spots around town, including such things as lift stations. This will assist in monitoring and providing internet access throughout the community. Item 2 - MNDOT Meeting Review: As I mentioned to you in a phone message last week, the meeting with MNDOT did not change their position on the traffic light. This leaves few options. As of this writing, the last chance for MNDOT to change its mind may rest in the hands of the commissioner of the department. We expect to hear from him Friday. Wendell Smith has been notified, and I am waiting for a return call from Jay Anthony. Rick contacted Julie Olson of the homeowners association who expressed concern that the Council would revisit the ring road concept. Frankly,I think prior to doing that if that even gets consideration,I would suggest reviewing options for some sort of legal action with MNDOT or seeing if Anthony Properties determines a right in- right out entrance off Highway 10 would be acceptable to them. They have indicated it isn't. On Friday I will be with Bob Long in the afternoon and will discuss and legal action the Council could consider. Otherwise for now, it appears any project, this one or a future on is unlikely unless site situations get figured out that are acceptable to residents and MNDOT. Item 3 -Mermaid Project Status: While moving slowly,this is still being worked on. Rick will brief the Council Monday on its status. Item 4 - Comprehensive Plan Status: Rick will brief the Council on where the comp plan is. Item 5 - District Athletic Field Maintenance Proposal: Mary Saarion will brief the Council on the work being done with the School District on joint maintenance of athletic fields. Mounds View is hosting a meeting Tuesday evening of the District and four other district communities on a centrally located facility and the joint maintenance effort. Item 6- Community Center HVAC System: Mike has brought to my attention some concern that we are not sure the Council is aware of with the HVAC system as proposed in the community center. I have asked him to draft a memo to myself and the Council on whether or not the system will be of concern to the Council if it is undersized for the facility. He can explain this better than I can,but Monday evening may be a late chance to make any changes if the Council so desires. While this is more costly to the project, I want the Council to understand that I thought it our duty to make you aware of this in case you wanted it changed. Item 7 - Assessment Policies and Street Construction Standards: Does the Council want anything done with these? Item 8 - City Hall Reorganization: I simply want to brief the Council on some changes I am considering in the organization of personnel in City Hall. With the changes that have taken place and some of the foreseeable changes to come, I would like three minutes to let you know what I am considering, my timetable and why I think this should be done. Item 9 - Collective Bargaining Negotiations Status: I will not ask the Council to go into closed session for this. I will simply brief you on the status as of Monday. Not much has changed, but some has. Item 10-Anoka County Agreement for Fire Dispatching Services: For the second year in a row, Anoka County has asked the City of Mounds View to pay for fire dispatching services. We refused to do this last year and have determined that they simply can't make us do it. I would assume the Council's position is still the same and a polite thanks, but no thanks would be in order. Item 11 - 1999 Budget Schedule: If ready, I will review a schedule option with the Council Monday. As you know it has been quite a week and unfortunately other things can't always get done. The Council may want to bring up some items if it feels they are being overlooked, such as youth initiative, code enforcement, I 35W Coalition, and others. Next week I will be in Brainerd Wednesday until the end of the week at the managers annual conference so my report will be thin for the May 11 meeting. Have a good weekend and see you on Monday night. 111511117 North Suburban Access Corporation & North Suburban Cable Commission 950 Woodhill Drive, Roseville, MN 55113 612/481-9554(crwNsac) 612/482-1261 (Nscc) {h5 cc" ;�y -re'evi f '° �n.,,1,v'rn- memo to: City Managers and Administrators from: Cor Wilson, Executive Director date: April 7,1998 Subject: Meeting to Review Franchise Ordinance We have set a meeting for Thursday, April 16, to review with you the new cable franchise ordinance. For that meeting, which will start at 10:15 a.m., Tom Creighton's office is preparing an executive summary of the ordinance for your council members and a second summary that can be used for publishing in the newspaper. The meeting will be held at the NSCC/NSAC offices, 950 Woodhill Drive in Roseville. If you are unable to attend, feel free to send an assistant or other staff person. Arden Hills Falcon Heights Lauderdale Little Canada Mounds View New Brighton North Oaks Roseville St.Anthony Shoreview cc: Cable Commission 1 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW NEAL J. SHAPIRO SUITE 1200, THE COLONNADE tALSO ADMITTED IN WISCONSIN .ALSO CERTIFIED PUBLIC ACCOUNTANT SAUL A. BERNICK" 5500 WAYZATA BOULEVARD 'ALSO ADMITTED IN FLORIDA THOMAS D. CREIGHTON MINNEAPOLIS, MINNESOTA 55416-1270 SCOTT A. LIFSON LEGAL ASSISTANT DAVID K. NIGHTINGALE} TELEPHONE (612) 546-1200 KATHRYN G. MASTERMAN PAUL J. QUASI' FACSIMILE (612) 546-1003 ROBERT J. V. VOSE WILLIAM S. FORSBERG.* MEMORANDUM ` ► TO: NORTH SUBURBAN MEMBER CITIES 411a FROM: THOMAS D. CREIGHTON, LEGAL COUNSEL NORTH SUBURBAN CABLE COMMISSION DATE: APRIL 15, 1998 RE: NEGOTIATED RENEWAL FRANCHISE WITH MEREDITH CABLE As many of you have been informed the North Suburban Cable Commission ("Commission") has completed an over three-year process of negotiations with the cable company resulting in a proposed renewed cable franchise being recommended to the Member Cities of the Commission. The federal law proscribes the structure of the negotiations and limits the authority of the cities to deny the renewal. While the renewal is not automatic,the city may also not arbitrarily deny renewal. Basically, the city must renew the franchise unless the cable company fails to meet an identified community need, considering the cost of meeting that need. Therefore, the Commission undertook an extensive community needs assessment which all cities participated in and the results of which you were informed of over a year ago. Since then extensive negotiations have been undertaken to arrive at a system which the Commission recommends does meet the identified community needs of the Member cities, considering the cost of meeting those needs. Attached is a proposed franchise which incorporates the negotiations with the cable company. The attached franchise is recommended by the Commission for your adoption. Please note that the system is a Ten(10) city system, and the franchises for all ten(10) cities are identical, except for individual city definition and notice sections. For consistency and enforcement purposes, the proposed franchise is in much the same form as the current franchise. There are however some significant changes which are highlighted below. 1 A 1. "Cable Service" is defined as the state and federal law from time to time will define it. However, included in the definition, regardless of the federal law definition are Institutional Network services, which will no doubt include significant data transmission service. This will provide adequate flexibility for the document in an environment of ever changing kinds of cable services. 2. "Gross Revenue", upon which the company pays a 5% franchise fee, is expanded not only to include revenue from all Cable Services, as defined above, but also makes clear that fees for such presumed revenue producers as advertising, Internet service, and cable modem service will be captured for the purpose of collecting city revenue. 3. The franchise is still "non-exclusive"which is required by law. Therefore, the city can grant franchises to as many competitors as wish to provide service in the city. 4. The franchise term is for 15 years. This is standard around the country and is argued by the company to be necessary for them to adequately finance the significant upgrade of the cable system. Some policy makers argue that a shorter term will give the system more flexibility to be upgraded and give the city more leverage in"getting things" from the company. The past franchise was for 15 years, and the systems were constantly and significantly upgraded, this being in the best interest of the company anyway. The Commission recommends a 15 year franchise. 5. The franchise is for the corporate boundaries of the City, but the system is really one system for the 10-city area, and is required to be interconnected with the systems which border the 10-city area. The Commission required this in an attempt to keep the North Suburban System a part of a greater metropolitan communications network, especially since many of the school district boundaries and the county boundaries extend beyond the 10-city area. 6. Subscriber and Institutional Network drops must be provided to all institutions listed in Exhibit B. The city should carefully check this list to be sure all necessary city buildings are covered. The institutions will be connected to both networks free of charge and current uses will continue free of charge. Additionally, 3 upstream and 3 downstream channels will be provided for non-video purposes, free of charge, with additional non- video use of this network provided for"cost plus 45%" or the"most favorable comparable user rate." For the six fibers to the nodes, additional use of these fibers will be on an"actual cost only"basis. 7. Construction will be completed on or before November 30, 2000. 8. The new franchise has attempted to interface with Right-of-Way ordinances which some of your cities might have adopted. Since some cities have not adopted them, the franchise needed to answer questions regarding construction or access to rights-of-way in 2 • , the city. However, should your city adopt such an ordinance,that ordinance will preempt the franchise in Section 3, construction standards and permitting, and 8.5(c),mapping. In all other situations, the cable franchise will prevail over conflicting ordinances, except for those other situations where the city is involved in a lawful exercise of its police power. 9. Undergrounding. The company will have to put any new construction underground where all other utility lines are underground, unless the City Council has required otherwise. In other words,the city has complete authority to require whatever policy it wishes in this area. Absent such an action,the general rule, above, will apply to the cable company. 10. A performance bond of$500,000 will be maintained by the company, and the company will be fully insured and agrees to defend, hold harmless and indemnify the City regarding any action of Grantee related to the franchise and any action resulting from City's administration or enforcement of the franchise. 11. The company must maintain a$25,000 Letter of Credit from which the city may draw monies to enforce various penalties and fines delineated in the franchise. 12. The city retains the authority to review any qualifying transfer of ownership. City further retains its right to purchase the system for the value of the consideration proposed in such a transaction. The other major provisions of the franchise are not substantively changed from the previous franchise except to bring the document in compliance with current law. The Commission Executive Director Cor Wilson will present a further summary of the substantive points of the company proposal including system and channel capacity and community programming commitments. If you have any questions please feel free to contact me or Ms. Wilson. We are available to meet with your city on an individual basis to further explain the proposed franchise. When all of the exhibits are developed,we will formally transmit the final document to your cities for recommended consideration and approval. Please do not adopt the enclosed until you receive the final transmittal from my office. C:\CABLE\NSCCCC\FRAN-SUM.M#1 3 EXHIBIT D - NORTH SUBURBAN I-NET PERFORMANCE STANDARDS Upon completion of the I-Net upgrade: Video Transmission A. Video transmission will comply with the following performance : standards: 1. Carrier to noise ratio=45dB or better 2. Carrier to composite triple beat=53dB or better 3. Carrier to composite second order=55 dB or better 4. Carrier to cross modulation=55 dB or better 5. System signal level variations (peak to valley)=n_ 10 +2 or better for all coaxial cable portions of the I-Net(where N=the number of amplifiers in cascade). B. Testing will occur twice yearly following the timing established in CFR 76.601 and 76.605. 1. From the institution to the longest subscriber cascade. 2. From the institution through the applicable headend/hub site returning back to the same institution. 3. Performed using existing I-Net carriers active at the time of the testing,which will subject them to service interuptions. 4. Completed at Company-designated entry demarcation point at the institution. 5. The system will meet calculated worst case fully loaded video and audio measurements,taking into consideration existing I-Net data loading at the time the measurement is taken. 6. Under ordinary operating conditions. 2. Digital Transmission A. For I-Net that is 50% or more coaxial cable,a Bit Error Rate of 1 x 10(-8) at the demarcation point. 1. Outage times not included 2. Ordinary operating conditions B. For I-Net that is 50% or more fiber optic cable,a Bit Error Rate of 1 x 10(- 9)at the demarcation point. 1. Outage times not included 2. Ordinary operating conditions C. For both coaxial and fiber network,the company will meet or exceed a reliability factor of 99.965% on an annual basis. D. Testing will occur twice yearly,during the months of January/February and July/August. i EXHIBIT D - Continued 3. Repair and Maintenance A. Company will provide a repair force of technicians capable of responding properly to all requests for service by I-Net Users and available on a 7 X 24 X 365 basis. B. Under normal operating conditions,the initial page to the technician on call will be within a 10 minute time frame. Barring situations that are outside the control of the Company(i.e.,physical damage to the network caused by third parties not under the control of the cable company,weather related restrictions,etc.),the company will continue to work on a service problem until it is resolved and complete its resolution of such problem within eight (8)hours,if resolution of such problem is within control of company. C. Fiber may be incorporated,where necessary,to reduce amplifier cascades to meet performance standards. Where possible,fiber nodes may be located within the building or facility of the I-Net user. D. I-Net Users will be notified at least seven days in advance of any scheduled maintenance that will interrupt service on the I-Net,unless I-Net Users agree to waive such time frame. Where possible,such maintenance will be scheduled at times of low usage. Renewal Proposal - Investment for the Future Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the future which will thoroughly revitalize and modernize the system. This plan includes a franchise commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality signals, expanded channel capacity and the opportunity to launch new programming services. In addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate fiber into the system to facilitate future expansion of the Institutional Network. Meredith Cable also proposes a renewal of our commitment to support of local access programming and the establishment of capability to enable the development of future high speed data transmission services and other future services. This proposal represents an aggressive effort to respond to identified community needs and interests, taking into account the cost of meeting those needs and interests over the requested fifteen (15)year renewal time frame. The specifics of the proposal are set forth below: A. SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION Meredith Cable will commit in a renewal franchise that the subscriber system serving the North Suburbs will be enhanced from the current 450 MHZ, 65 channel system to a state-of-the-art 750 MHZ system offering dramatically more channel capacity, higher signal quality, more reliability and more features as set forth below: • A- 1. The subscriber network will be 750 MHZ capacity. Meredith plans to initially program 81 downstream channels upon activation-with phased activation launches as nodes are completed. This leaves an additional 200 MHZ capacity available for future activation of additional video channels, digital services, and other services as future marketplace needs dictate. In addition, the system will be designed with the capability to transmit return signals upstream at 5 - 40 MHZ in the future as commercial need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding activation of the return. • A- 2. Hybrid fiber-coaxial architecture will be deployed. • A- 3. Initially, the system will be developed with approximately Forty (40) pockets which are called "nodes", each connected by optical fiber and serving approximately Two Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be designed to be capable of migrating to five hundred (500) home nodes with a minimum 4 fiber count as marketplace need dictates. • A- 4. All power supplies will be equipped with standby power capability which, at a minimum, will be initially activated at the node locations. • A- 5. In order to better assure reliability and system maintenance, the system will incorporate status monitoring at nodes and strategic locations. • A- 6. Non-interruptible power-passing compatible taps are planned for ease of maintenance and less disruption during system maintenance. • A- 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be included in order to facilitate future expansion of needs including future expansion of needs in business corridors as commercial need dictates. • A- 8. The subscriber RF system will accommodate and be capable of providing return signals in 5 - 40 MHZ bandwidth in the future. Such return capacity will be activated as commercial and marketplace need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding the activation of the return. • A- 9. All existing head end equipment will be replaced with state-of-the-art standard frequency head end equipment. • A- 10. Basic Service channel mapping will no longer be utilized by the system, thereby permitting all local VHF off-air broadcast signals to be located"on-channel" for all customers and with no impact on the PEG channel location on Universal Service. • A- 11. Standby power will continue to be in place for the head end. • A- 12. The system will have the capability to receive and pass through all local broadcast signals in digital format as required by applicable federal rules and regulations and in compliance with applicable FCC mandated time lines. • A- 13. The system will permit all channels available to Meredith Cable in stereo to be passed through in stereo. • A- 14. Meredith Cable will commence application for licenses and permits related to construction within 90 days after the commencement of the renewal period. • A- 15. Meredith Cable will commence design, walkout, etc. related to construction within 90 days after commencement of the renewal period. • A- 16. Meredith Cable proposes to enter into a franchise timetable to complete the project by November 30, 2000 and will aggressively work to substantially complete construction by November 30, 1999. Meredith Cable will carefully map and report any underground plant that may be abandoned. Stand alone abandoned aerial cable will be removed. 2 • A- 17. Meredith Cable proposes that interconnection between commonly owned, adjacent franchised systems in the Twin Cities marketplace can be accommodated by • making available one (1) 6 MHZ channel for forward video purposes, one (1) 6 MHZ channel for return video purposes, one (1) 6 MHZ channel for forward data and/or other purposes, and one (1) 6 MHZ channel for return data and/or other purposes. Actual interconnection with other franchise areas will be subject to technical capability of those systems and those franchise areas entering into similar renewal agreements containing similar provisions. • A- 18. Meredith Cable plans to have a 750 MHZ carrier inserted at a level 10db below the video carriers that will be measured as a normal procedure during service calls. The drop cable and passives will be inspected during normal installations to assure that 750 MHZ can be passed. Should a drop or associated passive equipment not pass the full 750 MHZ, the address will be noted and at the time the address upgrades service that requires signal above 550 MHZ, the drop and/or associated equipment will be changed out. B. INSTITUTIONAL NETWORK Meredith Cable proposes to meet the needs of institutions and users by upgrading the existing Institutional Network, including fiber capacity in the system to facilitate future Institutional Network enhancements, and with mutually acceptable franchise language relating to technical and performance standards for the Institutional Network. This plan will offer flexibility and alternatives to local governments, public school districts, private schools, higher educational institutions, libraries and the social service community for the delivery and exchange of video and telecommunications services. Specifically, Meredith Cable proposes to make the following franchise commitments: • B - 1. Frequency spectrum (including upstream and downstream); 5 - 450 MHZ. • B - 2. Channel capacity of 54 channels (16 upstream and 38 downstream). • B - 3. 15 additional pilot generators. • B - 4. Re-tuning of 10 existing pilot generators. • B - 5. Re-tuning of 124 existing amplifiers. • B - 6. Provision of 20 additional modulators or de-modulators. • B - 7. Standby power with full battery placement. • • B- 8. Four (4) count shadow fiber placed along that part of the subscriber network that parallels the Institutional Network. 3 • B - 9. Meredith Cable will make the I-Net available to the designated institutions for video uses at no charge. • B - 10. Meredith Cable will make three (3) 6 MHz channels available downstream and three (6)MHz channels available upstream, for non-video uses at no charge. • B - 11. Meredith Cable will charge designated institutions for all non-video uses beyond B - 10. mentioned above at a rate calculated based on the Company's actual cost plus a 45% margin or"most favored comparable user" rate, whichever is lower. • B - 12. Nothing contained herein shall prevent Meredith Cable from using available capacity for other uses except that designated institutions shall have priority over other uses subject to rules or policies adopted by Meredith Cable after consultation with the Commission. • B- 13. Use of the I-Net by the Cable Commission, cities or delegated institutions will be limited to their own uses and no institution may sell any service to any third party. • B- 14. Meredith Cable will either allow designated institutions to purchase their own equipment or will lease end-user terminal equipment to requesting institutions. • B - 15. Meredith Cable will provide and maintain I-Net equipment for the Commission, member cities and designated institutions on a cost recovery basis. C. PROGRAMMING Upon completion and activation by territory, Meredith will program a minimum of 81 analog video channels. While definitive programming agreements have not been entered into and, as such, specific packaging, tiering and pricing decisions cannot be made at this time, it is anticipated that prices will be adjusted as authorized to reflect the additional programming as well as project and programming costs. As examples, we preliminarily anticipate the following new programming choices or similar services will be available: • C - 1. Basic Service (or equivalent) -Initially, Meredith Cable anticipates a continuation of current Basic Service offering of 28 channels without a realignment of channels within Universal Service. • C- 2. Preferred Tier Service (or equivalent) -Meredith Cable anticipates the addition of 4 or 5 channels to this tier that currently consists of 29 channels. There will be a corresponding rate adjustment. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: 4 • • The Golf Channel - The Golf Channel is the premier network devoted to the sport of golf providing more live golf coverage than all other networks combined. Tournaments include coverage from the PGA Tour, Senior PGA Tour, NIKE Tour, LPGA, Australian and PGA European Tour. Original live programming on The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a nightly golf news show, Golf Central. The service also provides instructional programs such as The Golf Channel Academy. • The Cartoon Network-Featuring the world's largest cartoon library, the Cartoon Network features all-animated cartoon programming at any time of the day or night. For cartoon lovers of all ages, this network offers 8,500 animated programs from the Hanna-Barbara libraries including The Jetsons, The Flintstones and many more. • Classic Sports Network- The first 24-hour, all sports television hall of fame, featuring the world's largest library of rare and exclusive programming from professional, amateur, college sports and the Olympic Games. • TV Food Channel -Helps cable television viewers learn new recipes and cooking techniques, `spice' up family meals, learn the latest in healthier cuisine and explore fine restaurants nationwide. Hosts include world-class chefs, restaurateurs, mothers who work outside the home and celebrities. • • Sneak Prevue - Sneak Prevue is the channel cable customers turn to 24 hours a day, for the most up-to-date information on programming available for order on a Pay-Per-View basis.. The service includes video clips of Pay-Per-View movies and events along with complete ordering information. • C - 3. New Product Tier Service - Meredith Cable anticipates the addition of 4 or 5 channels to a new, separately priced tier of service. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: • Independent Film Channel - The first network dedicated to independent film, showcasing feature-length premieres, domestic and international films, documentaries, shorts, animation, new works, and masters. All movies are shown un-cut and without commercials, 24 hours a day. • FX Movies - Twenty four hours per day, un-cut and commercial free, FX Movies brings the vast Fox film library to cable television. • TV Land - America's favorite classic television shows are brought back to 5 television. A companion station to Nick at Night, TV Land expands into all areas of classic television, comedies, dramas, variety shows, and even classic commercials. • Turner Classic Movies - The world's greatest collection of classic movies 24 hours a day, with no commercial interruptions. • CNN SI- The 24 hour sports news network from CNN and Sports Illustrated. Seven days a week CNN SI is a 24 hour network offering coverage of sports news unlike any other service. CNN SI utilizes the news gathering resources of CNN and in-depth reporting expertise of Sports Illustrated and provides sports viewers the most complete on-demand coverage available anywhere. • C - 4. Premium Services -Meredith Cable will ad several new optional premium service selections. Preliminarily, and as examples, we anticipate the likely addition of the following new premium offerings or others as we may deem more responsive to subscriber or marketplace needs and interests: • HBO 3 -With Multichannel; HBO featuring HBO 2 and HBO 3, you always have three HBO programs to choose from. A Hollywood hit, maybe an HBO Original that everyone's talking about or something light like HBO Comedy Hour. The choice..and convenience...is yours! • HBO Family -HBO Family is a new HBO channel designed especially for a family to watch together. With HBO Family's daily programming blocks, HBO Kids Block, the HBO Family Feature Block and Grown Ups Block, you always know just what kind of programs are on any time. Your family will love our family! • Showtime 3 -With Multichannel Showtime featuring Showtime 2 and Showtime 3 you'll see the biggest Hollywood hits, exciting Showtime Original Pictures, featuring the hottest stars and stories - sexy thrillers, sci-fi, National Lampoon comedy and high profile dramas. Multichannel convenience means you'll always find the program to match your mood! • C - 5. Pay-Per-View Services -Meredith Cable will offer more optional pay-per-view service selections. Preliminarily, and as examples, we anticipate the likely addition of the following three new pay-per-view services or others as we may deem more responsive to subscriber marketplace needs and interests: • Viewer's Choice 3 -featuring "movie-of-the-day" schedules allowing customers to see the biggest hits as soon as they become available. 6 • Viewer's Choice 4 - similar to Viewer's Choice 3 but featuring yet another movie option. • Viewer's Choice 5 - similar to above featuring yet another movie option. • C - 6. Interactive Services -Meredith Cable's plan contemplates the capability of offering interactive services upon completion of the project and a reasonable expectation of consumer acceptance and financial viability. While various services are currently developing, Meredith Cable is considering, among other services, a digital music service and interactive program guide. No decisions have been made regarding particular services, pricing or launch dates. • C - 7. Digital Services -Meredith Cable anticipates that additional premium service options, pay-per-view offerings and other new services including future digital services will be offered over time utilizing the appropriate bandwidth. D. HIGH SPEED DATA TRANSMISSION In addition to traditional video services, the cable system will position Meredith Cable to offer new and yet-to-be-developed non-video services. • D - 1. The subscriber network will have adequate capability to enable the provision of high speed data service such as Internet access as marketplace need dictates. • D - 2. Meredith Cable's system will be able to address opportunities to meet the non- video interests of the business community by including fiber capacity through business corridors identified during the construction walkout in order to explore high speed data services demand by business users. E. COMMITMENT TO ACCESS PROGRAMMING Meredith Cable proposes to meet and exceed the agreements regarding access support which were entered into with the North Suburban Cable Communications Commission in the November 3, 1994 Memorandum of Understanding. Specifically Meredith Cable proposes the following support for local access programming: • E - 1. Meredith Cable agrees to maintain the number of access channels (12) as currently exist and accept the concept of having the current channel loan agreements extended for the fifteen (15) year renewal term and that the Commission will retain control over the entire 6 MHZ spectrum that equals one channel.. • E - 2. Meredith Cable agrees that the Commission can, on its own, change the name of required PEG channels, provided that Meredith is indemnified from any claims as a result 7 of such action by the Commission. • E - 3. Meredith Cable proposes that the PEG support components of the Memorandum of Understanding remain intact. Rather than the PEG support fee set forth in the May 13, 1997 original proposal , Meredith proposes a PEG fee based on the following: a new commitment to provide the Commission a total of$667,286 for the franchise term for acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the $50,000 Equipment Replacement Grant, per the MOU; the appropriate amount for the Operating Grant, per the MOU; the appropriate amount for Universal Service, per the MOU; and the appropriate amount for the Scholarship Grant (which may be used for other purposes at the Commission's discretion), per the MOU: New Equipment Acquisition Grants Year Amount 1 $ 40,000 2 $ 40,600 3 $ 41,209 4 $ 41, 827 5 $ 42,455 6 $ 43,091 7 $ 43,738 8 $ 44,394 9 $ 45,060 10 $ 45,736 11 $ 46,422 12 $ 47,118 13 $ 47,825 14 $ 48,542 15 $ 49,270 • E - 4. Should Meredith Cable request the relocation of the CTV studio, Meredith agrees that the current agreements governing CTV relocation will remain intact. Meredith does not waive any rights it may have with respect to the ability to recover any such costs should a move occur. 8 C ORDINANCE NO. CITY OF CABLE TELEVISION FRANCHISE ORDINANCE Date: Prepared by: Thomas D. Creighton Robert J. V. Vose Bernick and Lifson,P.A. 1200 The Colonnade 5500 Wayzata Boulevard Minneapolis, Minnesota 55416 Telephone: (612) 546-1200 Facsimile: (612) 546-1003 TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE 1 FINDINGS 1 SECTION 1. SHORT TITLE AND DEFINITIONS 2 1. Short Title. 2 2. Definitions 2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 5 1. Grant of Franchise 5 2. Grant of Nonexclusive Authority. 5 3. Lease or Assignment Prohibited. 5 4. Franchise Term. 6 5. Previous Franchises. 6 6. Compliance with Applicable Laws, Resolutions and Ordinances. 6 7. Rules of Grantee. 7 8. Territorial Area Involved. 7 9. Written Notice 8 10. Subscriber Network Drops to Designated Buildings. 8 SECTION 3. CONSTRUCTION STANDARDS 9 1. Registration, Permits and Construction Codes. 9 2. Repair of Rights-of-Way and Property. 9 3. Conditions on Right-of-Way Use. 9 4. Undergrounding of Cable. 10 5. Installation of Facilities 11 6. Safety Requirements. 11 SECTION 4. DESIGN PROVISIONS 11 1. System Upgrade: Minimum Channel Capacity. 11 2. Construction Timetable 12 3. Interruption of Service. 13 4. Technical Standards. 13 5. Special Testing. 13 6. Drop Testing and Replacement 13 7. FCC Reports. 14 8. Interconnection. 14 9. Nonvoice Return Capability. 14 10. Lockout Device. 14 SECTION 5. SERVICE PROVISIONS 14 1. Regulation of Service Rates. 14 2. Non-Standard Installations. 14 3. Sales Procedures. 15 4. Subscriber Inquiry and Complaint Procedures. 15 5. Subscriber Contracts. 16 6. Refund Policy. 16 7. Late Fees. 16 8. Office Policy. 16 SECTION 6. ACCESS CHANNEL(S) PROVISIONS 17 1. Public, Educational and Government Access. 17 2. Charges for Use 17 3. Access Rules. 18 4. Access Support. 18 5. Studio Relocation. 18 6. Regional Channel 6 18 7. State and Federal Law compliance. 18 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS 18 1. Capacity. 18 2. Grantee's Use of Capacity. 19 3. End-User Equipment 19 4. Service Standards. 20 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 20 1. Administration of Franchise. 20 2. Delegated Authority. 20 3. Franchise Fee. 20 4. Access to Records. 21 5. Reports and Maps to be Filed with City. 21 6. Periodic Evaluation 21 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 22 1. Performance Bond. 22 2. Letter of Credit. 23 3. Indemnification of City 25 4. Insurance. 26 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 26 1. City's Right to Revoke. 26 2. Procedures for Revocation. 27 3. Abandonment of Service 27 4. Removal After Abandonment, Termination or Forfeiture. 27 5. Sale or Transfer of Franchise. 28 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 30 1. Discriminatory Practices Prohibited. 30 2. Subscriber Privacy. 30 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 31 1. Unauthorized Connections or Modifications Prohibited. 31 2. Removal or Destruction Prohibited. 31 3. Penalty 31 SECTION 13. MISCELLANEOUS PROVISIONS 31 1. Franchise Renewal. 31 2. Work Performed by Others 32 3. Amendment of Franchise Ordinance. 32 4. Compliance with Federal, State and Local Laws. 32 5. Nonenforcement by City 32 6. Rights Cumulative. 33 7. Grantee Acknowledgment of Validity of Franchise. 33 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 33 1. Publication: Effective Date 33 2. Acceptance. 33 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO NORTH CENTRAL COMMUNICATIONS CORPORATION D/B/A MEREDITH CABLE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS- OF-WAY [IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, CHAPTER ,]1; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System, and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading, and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. I Only for cities that have adopted ROW Ordinance. 1 • SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Franchise Ordinance. 2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). b. "City" means City of , a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. c. "City Council" means the governing body of the City of d. "Cable Service" or "Service" means the provision of communications and/or entertainment services as "Cable Service" is defined by Minn. Stat.§ 238.01 et seq. and 47 U.S.0 § 521 et seq.; as may be amended from time to time, but including Institutional Network services. e. "Cable System" or "System" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, Converters, equipment, or facilities located in City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and data. System as defined herein shall not be inconsistent with the definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C. § 522(7). f. "Class IV Cable Channel" means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. g. "Commercial Need" or "Marketplace Need" means such need or market demand which City and Grantee may jointly determine requires action or performance by Grantee as specifically set forth in this Franchise. Such determination shall be based upon evidence and information presented by 2 City, Grantee and other interested parties at a duly noticed public proceeding. Grantee shall have an opportunity to present evidence regarding the level of market demand, the cost of meeting such demand and the availability of technologies to meet such demand. Any decision regarding Commercial or Marketplace Need which requires action by Grantee shall not be unreasonable. h. "Converter" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. j. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory and contractual relationship established hereby. 1. "Grantee" is Group W Cable of the North Suburbs, Inc./North Central Cable Communications Corporation, its lawful successors, transferees or assignees. m. "Gross Revenues" means all revenue received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has financial interest of five percent (5%) or more, from the operation of its System within City including, but not limited to, all Cable Service fees, Franchise Fees, PEG Fees, late fees, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue, Converter rental fees, Lockout Device fees, fees related to commercial and institutional usage of the I-net, Internet access fees, cable modem service fees and interest. The term Gross Revenues shall not include any taxes on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. n. "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. o. "Institutional Network" or "I-net" means the discrete communications network and services related to such network provided by Grantee to identified institutions as required by this Franchise. 3 P. "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable Communication System. q. "Memorandum of Understanding" or "MOU" means that certain agreement dated November 3, 1994 regarding PEG access funding, creation of a "PEG Fee" and certain rate regulatory issues. r. "North Suburbs Access Corporation" means that certain non-profit corporation or its lawful successor, designee, or assignee, which is delegated authority and responsibility for providing certain community programming functions including public access. s. "North Suburban System" means the Cable System located in those municipalities collectively comprising the North Suburban Cable Service territory as originally approved by the Minnesota Cable Communications Board. t. "Pay Television" means the delivery over the System of pay-per-channel or pay-per-program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Cable Programming Services. u. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997, submitted to the North Suburban Cable Communications Commission by Group W Cable of the North Suburbs, Inc., as amended by the revised Renewal Proposal submitted under cover letter dated August, 4, 1997, and related correspondence and prior agreements or resolutions which are attached hereto as Exhibit A. w. "Right-of-Way" or "Rights-of-Way" means the area on, below, or above any real property in City in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of City, including other dedicated Rights-of-Way for travel purposes and utility easements. x. "Right-of-Way Ordinance"means the ordinance codifying requirements regarding regulation, management and use of Rights-of-Way in City, including registration and permitting requirements. 4 y. "Standard Installation" means any residential installation which can be , completed using a Drop of 250 feet or less. z. "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Grantee shall comply with all provisions of its Proposal, which is expressly incorporated herein by reference. Failure of Grantee to provide a System as described in its Proposal, or meet obligations and comply with all provisions therein, shall be deemed a violation of this Franchise. 2. Grant of Nonexclusive Authority. a. The Grantee shall have the right and privilege, subject to the permitting and other lawful requirements of City ordinance, rule or procedure, to construct, erect, and maintain, in, upon, along, across, above, over and under the Rights-of-Way in City a Cable System and shall have the right and privilege to provide Cable Service. The System constructed and maintained by Grantee or its agents shall not interfere with other uses of the Rights-of-Way. Grantee shall make use of existing poles and other above and below facilities available to Grantee to the extent it is technically and economically feasible to do so. b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be used by Grantee if City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or with the present use of the Right-of-Way. c. This Franchise shall be nonexclusive, and City reserves the right to grant a use of said Rights-of-Way to any Person at any time during the period of this Franchise for the provision of Cable Service. The terms and conditions of any such grant of use of the Rights-of-Way shall be, when taken as a whole and taking into account the planned usage of the Rights-of-Way, no less burdensome or more beneficial than those imposed upon Grantee pursuant to this Franchise. 3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the purpose of providing Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing 5 substantially similar burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10, Paragraph 5. 4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee. 6. Compliance with Applicable Laws. Resolutions and Ordinances. a. The terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the System in City. However, the Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance-making authority, and eminent domain rights of City. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of City's police power, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of Grantee as provided in Section 13.3 herein. b. Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights-of-Way within City [, including the Right-of-Way Ordinance]2, which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this Franchise and any City ordinance or regulation which addresses usage of the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c) of this Franchise shall be superseded by such City ordinance or regulation, except that Grantee shall not, through application of such City ordinance 2 Cities that have already adopted a Right-of-Way Ordinance should adopt a Franchise which includes the bracketed language. 6 or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. d. In the event any City ordinance or regulation which addresses usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5 (c) of this Franchise, Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. e. In the event Grantee cannot determine how to comply with any Right-of- Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee shall immediately provide written notice of such question, including Grantee's proposed interpretation, to the City with copy to the North Suburban Cable Communications Commission, in accordance with Section 2.9. The City or Commission shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by Grantee apply. Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, City, or any other body having lawful jurisdiction. 8. Territorial Area Involved. This Franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the territory for which this Franchise is granted provided, however, that Grantee shall not be required to extend service beyond its present System boundaries unless there is a minimum of 50 homes per cable mile for underground plant and 35 homes per cable mile for overhead plant. Access to cable service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas but in no event not to exceed twelve (12) months from notice thereof by City 7 to Grantee and qualification pursuant to the density requirements of this Subsection 8. 9. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: With copies to: North Suburban Cable Communications Commission 950 Woodhill Drive Roseville, Minnesota 55113 And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq. Bernick and Lifson, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, Minnesota 55416 If to Grantee: General Manager Meredith Cable 950 Woodhill Drive Roseville, Minnesota 55113 With copies to: John F. Gibbs, Esq. Robins, Kaplan, Miller & Ciresi, L.L.P. 2800 LaSalle Plaza 800 LaSalle Ave. So. Minneapolis, Minnesota 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 10. Subscriber Network Drops to Designated Buildings. Grantee shall provide, free of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet, one (1) Converter, if necessary, and monthly Basic Cable Service without charge to the institutions identified on Exhibit B attached hereto and made a part hereof, and such other public or educational institutions subsequently designated by City which is located five hundred (500) feet or less from the existing Subscriber network. Any such institution located more than five hundred (500) feet shall be connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. 8 Additional subscriber network Drops and/or outlets in any of the locations identified on Exhibit B will be installed by Grantee at the cost of Grantee's time and material. Alternatively, said institution may add outlets at its own expense, as long as such Installation meets Grantee's standards. Grantee shall have three (3) months from the date of City designation of additional institution(s)to complete construction of the Drop and outlet unless weather or other conditions beyond the control of Grantee requires more time. The provision of Institutional Network service is addressed in Section 7 herein. SECTION 3. CONSTRUCTION STANDARDS 1. Registration, Permits and Construction Codes. a. Grantee shall strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property. b. Failure to obtain permits or comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law. 2. Repair of Rights-of-Way and Property. Any and all Rights-of-Way, or public or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to the same condition as that prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to promptly perform the restoration required herein, after written request of City and reasonable opportunity to satisfy that request, City shall have the right to put the Rights-of-Way, public, or private property back into good condition. In the event City determines that Grantee is responsible for such disturbance or damage, Grantee shall be obligated to fully reimburse City for such restoration. 3. Conditions on Right-of-Way Use. a. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 9 b. All System transmission and distribution structures, lines and equipment erected by the Grantee within City shall be located so as not to obstruct or interfere with the use of Rights-of-Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights-of-Way and not to interfere with existing public utility installations. c. If at any time during the period of this Franchise City shall elect to alter or change the grade or location of any Right-of-Way, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the reasonable and lawful standards and specifications of City. d. The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right-of-Way shall be so placed as to comply with all reasonable and lawful requirements of City. e. The Grantee shall, upon request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance written notice to arrange for such temporary changes. f. The Grantee shall have the authority to trim any trees upon and overhanging the Rights-of-Way of City so as to prevent the branches of such trees from coming in contact with the wires and cables or other facilities of the Grantee. g. Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-of-Way. 4. Undergrounding of Cable. Unless otherwise required by action of City Council, Grantee must place newly constructed facilities underground in areas of City where all other utility lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted with Grantee's permit application(s) and approved by City. 10 5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire-holding structures shall be erected or installed by the Grantee without required permit of City. 6. Safety Requirements. a. The Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. The Grantee shall install and maintain its System and other equipment in accordance with City's codes and the requirements of the National Electric Safety Code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with City communications technology related to health, safety and welfare of the residents. c. All System structures, and lines, equipment and connections in, over, under and upon the Rights-of-Way of City, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of City or any Person. SECTION 4. DESIGN PROVISIONS 1. System Upgrade: Minimum Channel Capacity. a. Grantee shall develop, construct and operate for the term of this Franchise a System providing 750 MHz capacity and which is fully activated with the capability of delivering to all Subscribers capable of receiving them a minimum of up to 81 video programmed channels. Construction will be completed and channels activated as described in Exhibit C attached. b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the Proposal. In addition, the System will be designed with the capability to transmit return signals upstream in the 5 - 40 MHz spectrum which shall be activated as Commercial Need dictates. Finally, in conjunction with the upgrade, Grantee shall replace all existing headend equipment with state-of- the-art standard frequency headend equipment. c. Grantee shall develop, construct and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and other competitive services which shall be activated as Marketplace 11 Need dictates. Grantee may use 200 MHz of the total 750 MHz System capacity for the provision of such services. d. During the design, walkout and preliminary construction activities related to upgrade of the System, Grantee shall seek to identify the non-video interests of the business community within City and will seek to quantify business community demand for non-video services. Grantee shall report the results of its investigation into business demand for non-video services to the City or its designee no later than one (1) year from the commencement date of the Franchise. e. All final programming decisions remain the discretion of Grantee in accordance with the Proposal, provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Channels shall be governed by Section 6, 1. (c). 2. Construction Timetable. a. Grantee shall complete all construction related to the System upgrade required by Section 4 herein on or before November 30, 2000, in accordance with the specific timeline identified in Exhibit C attached. Failure to timely complete such construction shall be a violation of this Franchise. b. The System, once upgraded, shall continue to offer Service to all dwelling units serviceable prior to upgrade and shall extend Service to any area within the corporate boundaries of City which was not previously constructed which exceeds a density of 35 dwelling units per cable mile or greater for overhead plant and 50 dwelling units per cable mile for underground plant. c. Within ninety (90) days after the commencement of the renewal term of this Franchise, Grantee shall commence application for all necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. Failure to timely commence application for the aforementioned authorizations shall be a violation of this Franchise. d. Within ninety (90) days after commencement of the term of this renewed Franchise, Grantee will commence System design, walkout and all other preliminary construction activities related to upgrade of the System and shall give written notice thereof to City upon commencement of such activities. 12 3. Interruption of Service. The Grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. If service is interrupted for a total period of more than forty eight (48) hours in any thirty (30) day period, Subscribers shall be credited pro rata for such interruption. 4. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 5. Special Testing. a. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. b. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee's expense by a qualified engineer selected by City and Grantee, and Grantee shall cooperate in such testing. 6. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level 10db below the video carriers that will be measured by Grantee as a normal procedure during all service calls. In addition, the Drops and related passive equipment will be inspected during Installations to assure that the Drop and passive equipment can pass the full 750 MHz System capacity. In the event measurement of the carrier or the inspection demonstrate that a Drop or associated passive equipment do not pass the full 750 MHz, the Subscriber address will be recorded 13 by Grantee and Grantee shall provide City, or its designee, upon request a report indicating the addresses where Drops or associated passive equipment have failed. Grantee shall replace all failing Drops and/or associated passive equipment at the time the address upgrades service to a level which requires a signal above the 550 MHz spectrum at no separate charge to the individual subscriber. 7. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall upon request of City also be filed with the City or its designee within ten (10) days of the conduct of such tests. 8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview shall continue to be completely interconnected. In addition, Grantee shall make available for interconnection purposes one (1) six (6) MHz channel for forward video purposes, one (1) six (6) MHz channel for return video purposes, one (1) six (6) MHz channel for forward data or other purposes, and one (1) six (6) MHz channel for return data or other purposes between all Systems adjacent to the North Suburban System and under common ownership with Grantee. 9. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 10. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device at no additional charge to Subscribers. SECTION 5. SERVICE PROVISIONS 1. Regulation of Service Rates. a. The City may regulate rates for the provision of Cable Service, equipment, or any other communications service provided over the System to the extent allowed under federal or state law(s). City reserves the right to regulate rates for any future services to the extent permitted by law. b. A list of Grantee's current Subscriber rates and charges shall be maintained on file with City and shall be available for public inspection. Grantee shall give City and Subscribers written notice of any change in a rate or charge at least one billing cycle prior to the effective date of the change. Bills must be clear, concise, and understandable, with itemization of all charges. 2. Non-Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable 14 Service can meet FCC technical specifications and all payment and policy obligations are met. In such case, Grantee may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. 3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing any of its services within City. In its initial communication or contact with a non-Subscriber and in all general solicitation materials marketing the Grantee or its services as a whole, Grantee shall inform the non-Subscriber of all levels of service available, including the lowest priced and free service tiers. Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulation. 4. Subscriber Inquiry and Complaint Procedures. a. Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive Subscriber complaints and requests on a twenty-four (24) hour-a-day, seven(7) days-a-week, 365 days a year basis. During normal business hours, trained representatives of Grantee shall be available to respond to Subscriber inquiries. b. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and City where applicable and lawful. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. Grantee shall respond to written complaints with copy to City or its designee within thirty (30) days. c. Subject to Grantee's obligations pursuant to law regarding privacy of certain information, Grantee shall prepare and maintain written records of all complaints received from City and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee shall provide City with a written summary of such complaints and their resolution upon request of City. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to City upon request. 15 d. Subscriber requests for repairs shall be performed within thirty-six (36) hours of the request unless conditions beyond the control of Grantee prevent such performance. Grantee may schedule appointments for Installations and other service call either at a specific time or, at a maximum, during a four hour time block during normal business hours. Grantee may also schedule service calls outside normal business hours for the convenience of customers. Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during normal business hours. 6. Refund Policy. In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. 7. Late Fees. Fees for the late payment of bills shall not be assessed until after the service has been fully provided and, as of the due date of the bill notifying Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not exceed the actual costs to Grantee of late payment of bills and the servicing and collecting of such accounts. 8. Office Policy. Grantee shall maintain a location in City or the Franchise territory encompassing any joint regulatory body of which City is a Member for receiving Subscriber inquiries and bill payments. The location must be staffed by a person capable of receiving inquiries and bill payments. In addition, Grantee shall maintain a local drop box for receiving Subscriber payments after hours. 16 SECTION 6. ACCESS CHANNEL(S) PROVISIONS 1. Public. Educational and Government Access. a. City or its designee is hereby designated to operate, administer, promote, and manage access (public, education, and government programming) (hereinafter "PEG access") programming on the Cable System. b. Grantee shall dedicate 12 channel(s) for PEG access and community programming use in accordance with the Proposal. All residential Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive such channels at no additional charge. The channel(s) shall be activated upon the effective date of this Franchise and thereafter maintained. City may rename, reprogram, or otherwise change the use of these channels in its sole discretion, provided such use is non-commercial, lawful, and retains the general purpose of the provision of community programming. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. City shall provide ninety (90) days prior written notice to Grantee of City's intent to activate access channels. c. Each public and government access channel(s) required by this Section shall retain the channel designation/number it had as of the commencement of this Franchise term. • Grantee may not move or otherwise change the channel number or location of any public or government access or community program channel without the written approval of the City or its designee. Upon six (6) months notice to City, any other access channel may be moved by Grantee, but in no event more than once every two (2) years unless otherwise allowed by City, provided Grantee pays all reasonable costs or expenses arising out of the channel move including, but not limited to, equipment necessary to effect the change at the programmer's production or receiving facility (school frequency routing equipment, etc.), signage, letterhead, business cards, and reasonable marketing or other constituency notification costs. In any event, those access channels carried on the universal service tier pursuant to the MOU shall remain on the universal service tier. This paragraph shall not apply to Regional Channel 6. 2. Charges for Use. Channel time and playback of prerecorded programming on the PEG access and community program channel(s) must be provided without charge to City and the public. 17 3. Access Rules. City, or its designee, shall implement rules for use of any access channel(s). 4. Access Support. Grantee shall continue to be obligated pursuant to the MOU, and shall additionally provide $667,286.00 over the term of this Franchise for the acquisition of new equipment according to the schedule in Exhibit A attached. 5. Studio Relocation. In addition to the agreement between the City and Grantee regarding the North Suburbs Access Corporation relocation pursuant to the access transfer agreement, the following shall apply: If North Suburbs Access Corporation expends, with Grantee's express written consent which may not be unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a twelve (12) month period and Grantee thereafter requires North Suburbs Access Corporation to move studio locations, Grantee shall reimburse North Suburbs Access Corporation 100% of its expenditures if the request to move is within one (1) year of the expense of North Suburbs Access Corporation. Said reimbursement shall be decreased by 20% for each year the expense was incurred prior to the date North Suburbs Access Corporation is required to move. 6. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform regional channel usage. 7. State and Federal Law compliance. Satisfaction of the requirements of this Section 6 satisfies any and all of Grantee's state and federal law requirements of Grantee with respect to PEG access. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS 1. Capacity. a. Grantee shall provide an Institutional Network with 54 channel capacity (16 upstream channels and 38 downstream channels) in the 5-450 MHz spectrum, all in accordance with the Proposal. All institutions designated on Exhibit B attached hereto and made a part hereof shall be connected to the Institutional Network along with any new City Hall which may be constructed by City or to which City may otherwise move its government offices or City Council meeting locations. Other public or educational institutions subsequently designated by City shall be connected to the Institutional Network if the designated institution is located less than five hundred (500) feet from the existing Institutional Network, or if such designated institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. 18 b. All institutions designated on Exhibit B attached shall be allowed to make use of the full channel capacity for video uses at no charge. The institutions designated on Exhibit B attached may make use of three (3)-6 MHz channels downstream and three (3)-6 MHz channels upstream for non-video uses at no charge. c. Grantee shall construct and thereafter maintain fiber optics to the Institutional Network nodes which shall include two (2) fibers to transmit the fifty-four (54) channels required in subparagraph a. above, and four (4) additional fibers which are expressly for the use of the institutions listed in Exhibit B. Charges to designated institutions for non-video use of the channels other than the six (6) non-video dedicated channels (three (3) upstream and three (3) downstream) on the Institutional Network required in subparagraph a. above shall be calculated based on Grantee's actual cost plus a 45% margin or the "most favored comparable user rate", whichever is lower. Charges to the designated institutions for video or non-video use of the six (6) fibers provided to the Institutional Network nodes shall be calculated based only upon Grantee's incremental actual cost for providing the additional six (6) fibers. Use of the Institutional Network by a designated institution is limited to its own use(s) and no institution may sell Institutional Network capacity or usage to any third party, without the express written consent of Grantee. 2. Grantee's Use of Capacity. Grantee may use available capacity on the fifty-four (54) channel Institutional Network required in Paragraph la. above for other uses including commercial uses, provided, however, that usage of seventy-five percent (75%) of such capacity by designated institutions shall have priority over other uses subject to rules or policies adopted by Grantee and approved in advance by City. Further, should City determine that any portion of Grantee's use of the twenty-five percent (25%) should be terminated to accomodate the use by a designated institution for video purposes, City may direct that Grantee terminate its use at the expiration of any third party use contract or three (3) years, whichever is sooner. 3. End-User Equipment. a. Designated institutions shall be generally responsible for providing their own end-user equipment. However, Grantee shall provide at no charge twenty (20) new modulators for City and/or designated institutions use of the Institutional Network, all as approved by the City. 19 b. With respect to non-video end-user equipment, upon request by a designated institution, Grantee must either lease the equipment requested to the requesting institution or make reasonable efforts to arrange for the lease of such equipment. Within 30 days of a written request, Grantee must notify the requesting institution in writing of its ability or inability to lease the requested equipment and the terms of such lease. The City, its designee, or the requesting institution may purchase or lease the equipment from any vendor. c. In addition, Grantee will provide standby power for the Institutional Network, provide fifteen (15) new pilot generators, re-tune ten (10) existing return pilot generators, and re-tune one hundred twenty-four 124 existing return amplifiers. 4. Service Standards. Grantee shall maintain those technical and performance standards as are detailed in Exhibit D attached. Grantee shall provide the City, or its designee, upon request with reports of the performance of the I-Net and Grantee's compliance with the technical and performance standards. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City Administrator or other designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City, or its designee, may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 2. Delegated Authority. The City may appoint a citizen advisory body or a Joint Powers Commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegatee of City. 3. Franchise Fee. a. During the term of the Franchise, Grantee shall pay quarterly to City or its delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues, or such other amounts as are subsequently permitted by federal statute. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of 20 Grantee's fiscal quarters together with a report showing the basis for the computation. c. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. 4. Access to Records. The City shall have the right to inspect, upon reasonable notice and during normal business hours, or require Grantee to provide within a reasonable time copies of any records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records. 5. Reports and Maps to be Filed with City. a. Grantee shall file with the City, at the time or payment of the Franchise Fee, a report of all Gross Revenues in form and substance as required by City. b. Grantee shall prepare and furnish to City, at the times and in the form prescribed, such other reasonable reports with respect to Grantee's operations pursuant to this Franchise as City may require. c. If required by City, Grantee shall furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file with City updates of such maps, plats and permanent records annually if changes have been made in the System. 6. Periodic Evaluation. a. The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to Grantee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics City deems relevant. c. As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with city and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are both economically and technically feasible. 21 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. At the time the Franchise becomes effective and at all times thereafter, until the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond to City in the amount of$500,000.00 in a form and with such sureties as reasonably acceptable to City. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. City may, from year to year, in its sole discretion, reduce the amount of the bond. b. The time for Grantee to correct any violation or liability, shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) days period and thereafter uses reasonable diligence to correct the violation or liability. c. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. d. Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided City has not notified 22 Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. e. The rights reserved to City with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 2. Letter of Credit. a. At the time of acceptance of this Franchise, Grantee shall deliver to City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to City, from a National or State bank approved by City, in the amount of$25,000.00. b. The Letter of Credit shall provide that funds will be paid to City, upon written demand of City, and in an amount solely determined by City in payment for penalties charged pursuant to this Section, in payment for any monies owed by Grantee to City or any person pursuant to its obligations under this Franchise, or in payment for any damage incurred by City or any person as a result of any acts or omissions by Grantee pursuant to this Franchise. c. In addition to recovery of any monies owed by Grantee to City or any person or damages to City or any person as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: i. For failure to timely complete System upgrades as provided in this Franchise unless City approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. ii. For failure to provide data, documents, reports or information or to cooperate with City during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. iii. Fifteen(15) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. iv. For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the 23 access channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. v. For Grantee's breach of any written contract or agreement with or to the City or its designee, the penalty shall be $500.00 per day for each day, or part thereof, such breach occurs or continues. vi. For failure to comply with any of the provisions of this Franchise, or other City ordinance for which a penalty is not otherwise specifically provided pursuant to this paragraph c, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. d. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. e. Whenever City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in Subparagraph c. above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the sole determination of City, is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter of Credit all penalties and other monies due City from the date of the local receipt of notice. f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days of such draw, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by Grantee to City shall specify with particularity the matters disputed by Grantee. All penalties shall continue to accrue and City may continue to draw from the Letter of Credit during any appeal pursuant to this subparagraph f. i. City shall hear Grantee's dispute within sixty (60) days and render a final decision within sixty (60) days thereafter. ii. Upon the determination of City that no violation has taken place, City shall refund to Grantee, without interest, all monies drawn from the Letter of Credit by reason of the alleged violation. g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of 24 the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in Paragraph A of this Section. h. If City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to City a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2 (a) as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any draws upon the Letter of Credit. If any Letter of Credit is not so replaced or replenished, City may draw on said Letter of Credit for the whole amount thereof and use the proceeds as City determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. j. The collection by City of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. 3. Indemnification of City. a. City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System or as to any other action of Grantee with respect to this Franchise. b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the Franchise. 25 c. Nothing in this Franchise relieves a Person, except City, from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding, or changing the line of a Right-of-Way or public place or with the construction or reconstruction of a sewer or water system. 4. Insurance. a. As a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City as an additional insured, and in their capacity as such, City officers, elected officials, boards, commissions, agents and employees. b. The policies of insurance shall be in the sum of not less than$1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $500,000.00 for property damage to any one person and $2,000,000.00 for property damage resulting from any one act or occurrence. c. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to City. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 26 i. Grantee has violated material provisions(s) of this Franchise; or ii. Grantee has attempted to evade any of the provisions of the Franchise; or iii. Grantee has practiced fraud or deceit upon City. City may revoke this Franchise without the hearing required by 9.2(b) herein if Grantee is adjudged a bankrupt. 2. Procedures for Revocation. a. City shall provide Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, City shall provide Grantee with the basis of the revocation. b. Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision. c. Only after the public hearing and upon written notice of the determination by City to revoke the Franchise may Grantee appeal said decision with an appropriate state or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment, including all costs incident to removal of the System. 4. Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, City shall have the right to require Grantee to remove all or 27 any portion of the System from all Rights-of-Way and public property within City. b. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquistion by one Person of an interest of five percent (5%) or more in a single transaction shall require notice to City. c. The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 1. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other 28 documents referred to therein which are necessary in order to understand the terms thereof. 2. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 3. Any other documents or information related to the transaction as may be specifically requested by the City. d. City shall have such time as is permitted by federal law in which to review a transfer request. e. The Grantee shall reimburse City for all the legal, administrative, and consulting costs and fees associated with the City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its subscriber rates. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this Section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City including, but not limited to, any adequate guarantees or other security instruments provided by the transferor. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subparagraph(a) or (b) of this Section, City shall have the right to purchase the System for the value of the consideration proposed in such transaction. City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. h. City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: i. If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, 29 corporate change, or assignment as contemplated in Section 10.5 (g) above, its intention to exercise its right of purchase; or ii. It approves the assignment or sale of the Franchise as provided within this Section. i. No Franchise may be transferred if City determines Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to City. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. 2. Subscriber Privacy. a. No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV Channel activity planned for the purpose of monitoring individual viewing patterns or practices. b. No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of 30 time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. c. Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this Section. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, state and local laws and regulations. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. 31 2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7.5 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws. Provided, however, nothing herein shall restrict City's exercise of its police powers or City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 4. Compliance with Federal, State and Local Laws. a. If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee • from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. b. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. 5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of 32 City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication: Effective Date. This Franchise shall be published in accordance with applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 14.2. 2. Acceptance. a. Grantee shall accept this Franchise within sixty (60) of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void. b. Upon acceptance of this Franchise, Grantee and City shall be bound by all the terms and conditions contained herein. 33 c. Grantee shall accept this Franchise in the following manner: i. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. ii. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that have not previously been delivered. Passed and adopted this day of , 1998. ATTEST: CITY OF By: By: Its: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: By: Its: C:\CABLE\NSCCCC\NSCCCC.09 34 EXHIBIT B North Suburban Area Institutional Connections Org./ Group Inst. Name Street Address Phone I-Net Sub City-AH Arden Hills City Hall 1450 W. Hwy. 96 AH 636-5676 X X City-AH Arden Hills Public Works 1450 W. Hwy. 96 AH 636-5676 X City-FH Falcon Heights City Hall 2077 W. Larpenteur Ave. FH 644-5050 X X City-FH Falcon Heights Fire Station 2077 W. Larpenteur Ave. FH 644-5575 X X City-LC Lilttle Canada City Hall 515 E. Little Canada Rd. LC 484-2177 X X City-LC Lilttle Canada Fire Station 325 Little Canada Rd. LC 871-5503 X X City-LD Lauderdale City Hail 1891 Walnut St. LD 631-0300 X X City-MV Mounds View City Hall 2401 Hwy. 10 MV 784-3055 X jX City-MV Mounds View Fire Station Hwy. 10 MV City-MV Mounds View Maintenance Gar. 2466 NE Bronson Dr. MV 784-3114 City-NB Brightwood Hills Golf Course 1975 NW Silver Lake Rd.NB 638-2150 X City-NB New Brighton City Hall 803 NW 5th Ave. NB 638-2100 X X City-NB New Brighton Fire Station 785 NW 5th Ave. NB 633-2727 X X City-NB New Brighton Maintenance Bldg. 700 NW 5th Ave. NB X City-NB New BrightonFamily Service Cntr. 400 NW 10th St. NB 638-2130 X X City-NO North Oaks City Hall 100 Village Center Dr. NO 484-5777 X X City-NO North Oaks Recreation Center 4 Mink Lane NO X X City-RV John Rose Minnesota OVAL 2661 Civic Center Dr. RV 415-2164 X City-RV Roseville Activity Center 2800 Arona St. RV 415-2100 X X City-RV Roseville Cedarholm Golf Course 2323 N. Hamline Ave RV 633-5817 X City-RV Roseville Central Park-Bandshell Lexington Ave. FH X City-RV Roseville City Hall 2660 Civic Center Dr. RV 490-2200 X X City-RV Roseville Fire Station 1 2701 N. Lexington Ave. RV 490-2306 ,X X City-RV Roseville Fire Station 2 2501 N. Fairview Ave. RV 636-6763 X X City-RV Roseville Fire Station 3 2335 N. Dale St. RV 484-5297 X X .City-RV Roseville Harriet Alexander Nature 2520 N. Dale St. RV 415-2161 XI X City-RV Roseville Ice Arena 2661 Civic Center Dr. RV 415-2164 X X EXHIBIT B - Continued North Suburban Area institutional Connections Page 2 Org./ Group Inst. Name Street Address Phone I-Net Sub City-RV Roseville License Bureau 2701 Lexington Ave. 490-2294 X X City-RV Roseville Maintenance Building 2660 Civic Center Dr. RV 490-2310 X City-SA St. Anthony City Hall 3301 Silver Lake Rd. SA 789-8881 X X City-SA St. Anthony Fire Station 2900 Kenzie Terrace SA 788-1434 X X City-SA St. Anthony Public Works 3801 Chandler Dr. SA X X City-SV Shoreview City Hall /Community 4600N. Victoria St. SV 490-4600 X X Co-Henn St. Anthony Public Library 2900 NE Pentagon Dr. SA 781-1900 X X Co-Ram Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 AH 636-1790 X X Co-Ram Ramsey Co. Library - Mounds View 2576 Hwy. 10 MV 784-8829 X Co-Ram Ramsey Co. Library - Roseville 2180 N. Hamline Ave. RV 631-0494 X X Co-Ram Ramsey Co. Library - Shoreview 4570 N. Victoria St. SV 486-2210 X X Co-Ram Ramsey Co. Public Works Bldg. 3377 N. Rice St. SV 484-9104 X CTV Canadian Days Parade-drop Little Canada Rd LC X CTV CTV Irondale studio 2425 Long Lake Rd. NB 783-9334 X X CTV CTV Van 1 2425 Long Lake Rd. all 783-9334 X CTV CTV Van 2 950 Woodhill Dr. all 481-9554 X CTV Lake Owasso Beach - drop ??? N Owasso Bvd. SV X CTV LC Spooner Park- drop Eli Rd. LC X CTV NB Parade - drop NB X CTV RAHS Parking Lot (on B2)- drop RV X CTV Rosefest parade - drop1 Lexington Ave. RV X CTV Rosefest parade - drop2 Lexington Ave. RV X CTV Rosetown Legion field-drop W. Co. Rd. C. LC X Dist 282 ISD 282 District Office SA/NB 3303 33rd Ave. NE SA 706-1000 X Dist 282 St. Anthony High School 3303 33rd Ave. NE SA 706-1100 X X Dist 282 St. Anthony Middle School 3303 33rd Ave. NE SA 706-1200 X X Dist 282 Wilshire Park Elementary 3600 NE Highcrest Rd. SA 706-1030 X X Dist 621 Area Learning Center 4182 N. Lexington Ave. SV 482-8203 X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 3 Org./ Group Inst. Name Street Address Phone I-Net Sub Dist 621 Bel Air Elementary School 1800 NW 5th St. NB 633-3521 X X Dist 621 Chippewa Middle School 5000 Hodgson Rd. NO 483-6635 X X Dist 621 Edgewood Middle School 5100 N. Edgewood Dr. MV 784-2010 X X Dist 621 Highview Middle School 2300 NW 7th St. NB 633-8144 X X Dist 621 Irondale High School 2425 Long Lake Rd. NB 786-5200 X X Dist 621 ISD 621 District Service Center 2959 Hamline Ave. RV 636-3650 X X Dist 621 Island Lake Elementary 3555 N. Victoria St. SV 484-5553 X X Dist 621 Mounds View High School 1900 W. Co. Rd. F AH 633-4031 X X Dist 621 Oak Grove High School 5100 Hodgson Rd. NO 484-2057 X X Dist 621 Pike Lake Elementary 2101 NW 14th St. NB 633-7711 X X Dist 621 Pinewood Elementary 5500 Quincy St. MV 784-4006 X X Dist 621 Ralph Reeder Center 500 NW 10th St. NB 636-1910 X X Dist 621 Snail Lake Elementary 4550 Hodgson Rd. SV 483-6725 X X Dist 621 Sunnyside Elementary 2070 W. Co. Rd. H NB 784-5226 X X Dist 621 Turtle Lake Elementary 1141 W. Co. Rd. I SV 484-2150 X X Dist 621 Valentine Hills Elementary 1770 W. Co. Rd. E2 AH 631-0737 X X Dist 623 Brimhall Elementary 1744 W. Co. Rd. B RV 638-1958 X X Dist 623 Central Park Elementary 535 W. Co. Rd. B2 RV 481-9951 X X Dist 623 Emmet D Willams Elem 955 W. Co. Rd. D SV 482-8624 X X Dist 623 Fairview Community Center 1910 W. Co. Rd. B RV 631-1013 X X Dist 623 Falcon Heights Elementary 1393 W. Garden Av. FH 646-0021 X .X Dist 623 ISD 623 District Center 1251 W. Co. Rd. B2 RV 635-1600 X X Dist 623 Little Canada Elementary 400 Eli Rd. LC 490-1353 X X Dist 623 Parkview Center School 701 W. Co. Rd. B RV 487-4360 X X Dist 623 Roseville Area High School 1261 Hwy. 36 RV 635-1660 X X Dist 623 Roseville Area Middle Sch 15 E. Co. Rd. B2 LC 482-5280 X X Hi-Ed Bethel College 3900 Bethel Dr. AH 638-6180 X X Hi-Ed Capital View (Dist. 916) 70 W. Co. Rd. B2 LC 415-5413 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 4 Org./ Group Inst. Name Street Address Phone I-Net Sub Hi-Ed Northwestern Col- FB field 3003 Snelling Ave. N. RV 631-5100 X X Hi-Ed Northwestern Col- Gym/BB 3003 Snelling Ave. N. RV 631-5267 X X Hi-Ed Northwestern College-Studio 3003 Snelling Ave. N. RV 631-5312 X X Hi-Ed U of M - Earl Brown Center 1890 Buford Ave. FH 624-2777 X ISP Risdahl-Linahan Agency 2475 NW 15th St. NB 631-1098 X ISP T.I.E.S. 1925 W. Co. Rd. B2 RV 638-2339 X LJ Fire Lake Johanna Fire Station 1 2346 New Brighton Rd. AH 633-0349 X LJ Fire Lake Johanna Fire Station 3 1140 W. Co. Rd. I SV 481-7025 X LJ Fire Lake Johanna Fire Station 4 3615 N. Victory St. SV 483-0767 X X Nat National Guard Armory 211 N. McCarrons Lake RV 296-4140 X Pri K12 Concordia Academy 2400 N. Dale St. RV 484-8429 X X Pri K12 Corpus Christi School 2131 N. Fairview Ave. RV 639-8888 X Pri K12 Falcon Heights Learning Center FH X Pri K12 King of Kings School 2330 N. Dale St. RV 484-9206 X X Pri K12 North Side Christian School 7901 Red Oak Drive MV 786-8632 X Pri K12 St. Charles Barromeo 2727 NE Stinson Bvd. SA 781-2643 X Pri K12 St. Christopher's Ep. 2300 N. Hamline Ave. RV 633-4589 X Pri K12 St. John the Baptist School 845 NW 2nd Ave. NB 633-1522 X X Pri K12 St. John the Evangelist 2621 McMenemy St. LC 484-2708 X X Pri K12 St. Odilia School 3495 N. Victory St. SV 484-3364 X Pri K12 St.. Rose of Lima 2072 N. Hamline Ave. RV 645-9389 X X • EXHIBIT B - Continued North Suburban Area Institutional Connections Org./ Group Inst. Name Street Address Phone I-Net Sub City-FH Falcon Heights Community Bldg. 2050 W. Roselawn Ave. FH 645-2712 City-MV Bridges Golf Course MV City-SV Shoreview Maintenance Bldg. 4665 N. Victoria St. SV 490-4650 Co-Ram Island Lake Golf Center Grey Fox Rd. SV Co-Ram Lake Owasso Residence 210 N. Owasso Bvd. SV 484-2234 Co-Ram Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E SV 481-1300 • Co-Ram Shoreview Ice Arena 877 W. Hwy. 96 SV 484-2400 Hi-Ed United Theo. Seminary 3000 NW 5th St. NB 633-4311 LJ Fire Lake Johanna Fire Station 2 4676 Hodgson Rd. NO 484-3444 Nat Army Reserve Training Cntr. Lexington & Hwy. 96 AH BUILDING ADDRESS Well #1 2401 Highway 10 Well #2 2524 Bronson Drive Well #3 2426 Bronson Drive Well #4 2408 Hillview Drive Well #5 5100 Long Lake Road Well #6 7545 Groveland Road Lift Station #1 5396 Raymond Avenue Lift Station #2 8251 Groveland Road Booster Station (Reservoir) 2450 Bronson Drive Public Works 2466 Bronson Drive obi 401L0 Y7. 306P Discussion Points Regarding Traffic Signal on Highway 10 and Edgewood Drive,Mounds View Chuck Whiting,Mounds View City Administrator,April 30, 1998 1. Theater development discussions started in September of 1996. Original concepts were for one exit onto Highway 10. Meetings to this affect were held with adjoining neighborhoods. While lengthy,general acceptance of the project under this understanding lessened the concerns for traffic among residents of Mounds View Drive. 2. February of 1997 saw the discussions start of the"ring road"concept with the University of Minnesota. The concept was part of a general planning discussion conducted by the U of M with several communities. The concept was well received in Mounds View,first,as a precursor to upcoming comprehensive plan process,and second,as an attempt to respond as a possible solution to growing resident concerns about traffic problems within the city. 3. Staff recognized the possibility of tying the ring road concept with the theater development, something that could only happen with the acquiescence of the developer first, and support eventually from MNDOT. This is where our discussions with MNDOT started and the ring road idea was well received. 4. Ring road idea led to practical concerns that needed to be addressed. First, as an idea specific to this site at this time,there was no supporting basis in the city's comprehensive plan yet to mandate action premised on the concept. Development questions rising from the north side of Highway 10 led to public hearings on the concept in October of 1997. 5.Mounds View Drive residents regained their interest in the theater development at this time as they now saw an exit onto Long Lake Road. Residents first,then city staff,contacted MNDOT to determine whether a project could proceed without the exit to Long Lake Road. Conversations and correspondence indicated it could,or at least was interpreted as such. The developer,waiting for the city to determine an acceptable course of action proceeded to redraw plans to no longer have the exit onto Long Lake Road. 6. This plan was submitted to the City Planning Commission in March and was approved after two Commission meetings on April 15. Plan was reviewed by MNDOT April 21 where City was told the ring road or Long Lake Road exit had to be part of the project. City Council approved the plan as submitted April 27 due to concern that revising the project would lead to procedural delays that the developer would no longer agree to. Resident concern clearly turned against the project in its entirety, much due in part to the traffic concerns of exits on County Road H2 or Long Lake Road. Council authorized staff and the mayor to meet with MNDOT staff. Summary: While the ring road idea was incorporated into this site development,it has not been incorporated into any city comprehensive planning process because that process has not been completed. Other alternatives for a ring road concept do exist,but for the city to delay action on this project in order for that work to be completed simply jeopardizes the project. The City therefore must turn to MNDOT to seek a remedy to the situation. IN TER MEMO OF F ICE To: Chuck Whiting From: Rick Jopke Subject: Comprehensive Plan Community Forum Summary Date: May 1, 1998 Attached is a draft of the summary I have prepared of the Comprehensive Plan Community Forums. I will be working with the Planning Commission to finalize the document for release to the public. 1998 COMPREHENSIVE PLAN UPDATE COMMUNITY FORUMS To assist in the updating of the comprehensive plan,the Mounds View Planning Commission conducted three community forums. The Planning Commission conducted these forums to help Mounds View citizens understand what the comprehensive plan is and most importantly to give citizens a chance to talk about what Mounds View should be like in the future. Forums were held on February 11, 1998 for people who live north of Highway 10, on March 11, 1998 for the Highway 10 corridor, and on April 8, 1998 for people who live south of Highway 10. Notices of the forums were mailed to all property owners in the in the City.Notices were distributed to apartments and to mobile home parks. Additional notice was provided through articles in newspapers and in the Mounds View Matters. Nineteen citizens attended the first forum, thirty eight citizens attended the second forum, and twenty eight citizens attended the third forum. During the forums city staff presented information on what a comprehensive plan is, what the required elements of the comprehensive plan are, what the current comprehensive plan and zoning designations are, what some of the housing and other issues are, and what the process for updating the comprehensive plan will be. Following the staff presentations, small group discussions were held to hear citizen concerns, comments, issues, etc. A Planning Commission member was present in each of the small groups to listen and to facilitate the discussions. At the end of the forums, each Planning Commission member summarized the discussions in their groups. The following is a summary of the citizen concerns and comments grouped by major area: Forum No. 1 Housing 1. Improve housing stock without subdividing large lots. Provide incentives to maintain large lots especially for those with outdated homes. 2. Additional information on the condition of housing stock needed. 3. Low cost remodeling loans are needed to encourage housing maintenance and improvement. 4. Citizens need information on remodeling possibilities. 5. Homeowners need to know how to protect their properties from neighborhood blight. 6. Code enforcement is necessary. 7. Truth-in-housing regulations are needed to require houses to be brought up to code. Land Use 1. Expansion of commercial along Highway 10 will add problems for Mounds View. 1 2. No more apartment buildings are needed. 3. The homogeneous mix of uses along Highway 10 should be continued. 4. Rezonings which create nonconforming classifications within an existing district should be prohibited. 5. A mini-storage use should be developed on the city-owned property at County Road I and Eastwood. 6. Do not rezone residential to commercial or business. 7.No more strip commercial is needed. 8. The property on the north side of Hillview from Quincy to 35W should be zoned medium density. 9. Golf Course should be designated CRP. 10. The Industrial area adjacent to the golf course should stay. 11. No new developments along Highway 118. The park and tree buffers should remain. 12. If manufactured home parks are redeveloped,they should be only replaced with low and medium density homes. Transportation 1. No sidewalks should be required. 2. Trail system is inadequate because of Highway 10. The trail system should connect to Shoreview, Fridley,New Brighton, and along Highway 10. The trail system should be designated in the comprehensive plan. 3. Keep MTC bus service as is. 4. Street maintenance is adequate. 5. Better speed limit enforcement is necessary. 6. Do not upgrade Anoka County airport. 7. Flight paths should be defined. 8. Any future vacation of Highway 10 right-of-way should be reserved for public use. 9. Does the City plan to extend Woodlawn to the north. Several lots currently do not have have street access. 10. The Long Lake Road Highway 10 intersection should be reconfigured to have 1 left turn lane, 1 thru lane, and 1 right turn lane in each direction on Long Lake Road. 11. City streets should not be widened. Miscellaneous 1. Don't use city tax dollars to buy real estate. 2. Consideration needs to be given to correction of problem areas in the City's surface water management plan. Forum No. 2 Housing 2 1. There is a good mix of housing stock. 2. The City needs townhome developments like have been developed in the New Brighton downtown area and at Mississippi and University area in Fridley. This could possibly occur at the two northerly manufactured home parks. Land Use 1. Houses along the south side of Highway 10 just west of the Mounds View Business Park should be designated for industrial use. 2. Family restaurants are needed. 3. Business/shopping center development should include hardware, grocery store, coffee shop, health clinic, and office type uses. They should be located along Highway 10 from Amoco station to Groveland and across from the proposed theater. 4. The Towns Edge Terrace manufactured home park could redeveloped as industrial. 5. Buffer residential land use from commercial land use. Stepped land use buffers should be considered. 6. Physical buffers including berms, sound barriers and landscaping should be provided by developers between residential and commercial uses when redevelopment occurs. 7. Land usage along county roads should stay as is with the exception of a limited amount of neighborhood commercial uses with architectural standards. Transportation 1. Make Highway 10 more pedestrian friendly especially with new development. Crossing Highway 10 is a problem. 2. Pedestrian/bike path issues along Highway 10 need to be addressed. Bike paths should be provided between the Highway 10 ditch and the commercial uses. 3. Connect the two sides of Highway 10 with a pedestrian bridge. 4. Do not expand Anoka County airport. 5. Scrap the ring road concept. 6. A circulator type transit system would be helpful. 7. Provide a tunnel to provide a passage from the theater to the community center area. Miscellaneous 1. Regulate business hours. 2. The City should require utilities to be under grounded. 3. The City should maintain consistency of policy. 4. The City should work to create a sense of identity for the community which could include a continuity of appearance of new construction along Highway 10. 5. The City should consider a code amendment to limit parking of campers, boats, etc. Forum No. 3 3 Housing 1. There needs to be a unified plan on how to handle redevelopment of older residential areas and properties. There are problems with non compliance now. 2. Housing needs to be upgraded and maintained. 3. There is too much rental housing. 4. Large lots should be subdivided and Spring Lake Road should be extended south to provide access. Incentives should be provided to encourage subdivision. 5. Large lots should not be subdivided. 6. Point of sale requirements should be instituted to disclose code deficiencies but not require correction. 7. Loans and grants and other programs should be provided to upgrade housing. 8. Residents need to clean up their properties. Land Use 1. When the opportunity arises Towns Edge Terrace should be redeveloped as industrial. 2. There should be no residential fronting Highway 10. 3. The theater property should have a higher fence and/or a landscaped berm with conifers. 4. Residential developers should keep as many trees as possible when developing new or redeveloping old housing. 5. R-2 uses acceptable along County Road H2 at Long Lake Road but not for properties away from H2. 6. Commercial developments should blend in with the community instead of providing blank brick walls towards community. Landscaped berms and a more residential design and feel should be provided. 7. Harstad property on the Long Lake Road wetland should not be developed. The type and number of homes which could be developed can not be determined until the extent of the wetland is determined. Drainage problems could occur along Louisa, Clearview, and Ridge Lane if the property is developed. Increased traffic would cause safety concerns. 8. Harstad property should remain zoned R-1. 9. Controls of adult businesses need to be put in place. 10. If more commercial is to developed it should be along Highway 10. 11. Highway 10 should be main downtown area. 12. Any rezoning from residential to commercial should be considered on a case by case basis. Transportation 1. A unified trail system should be provided joining both sides of Highway 10 including a 4 pedestrian bridge across Highway 10. 2. Sidewalks should be provided along Highway 10. 3. There should be no realignment of city streets, specifically Louisa and Clearview. 4. There should be no expansion of Anoka County airport because of noise, safety, and pollution issues. Low and loud planes are a problem even in the southern part of Mounds View. 5. A design theme is necessary for Highway 10. 6. Sidewalks should be provided on the north side of County Road I from Silver Lake Road to Fridley and on the north side of County Road H2 from Edgewood to Silver Lake Road. 7. Create a boulevard effect on Highway 10 with low retaining walls and landscaping. 8. There should be sidewalks and bike paths along Highway 10 and Silver Lake Road to match with New Brighton. 9. Traffic is too fast on Woodcrest. 10. There is too much commercial truck traffic in residential areas (i.e. Edgewood Dr.). 11. Existing trails should be maintained. Miscellaneous 1. Deteriorating conditions of properties and infrastructure is a problem. Problems should be worked on now before it gets worse. 2. There are surface water issues along County Road I. County Road I needs to be regraded so water drains properly and to prevent erosion and flooding. 3. The school system is great. 4. Roberts Off 10 needs some work. 5. Nuisance properties should be marketed to developers before city considers buying the properties. 6. More enforcement of codes is needed. 7. Flooding at Woodcrest Park needs to be addressed. 8. Planning Commission meetings should be televised. 5 MOUNDS VIEW SCHOOL DISTRICT/CITIES COOPERATIVE VENTURES MEETING AGENDA Tuesday,May 5, 1998 5:00 - 7:00 p.m. Mounds View City Hall I. Arrival/Dinner II. Teen Court- Northwest Youth and Family Services. Information presented by Perry Loftquist. III. "Where We're At" - Update regarding district wide athletic facilities - Nick Temali IV. Information from architects Dan Kritta and Jay Palmeroy regarding facilities V. Next meeting date, time, place and host. VI. Other Business VII. Adjournment ©Mf OF . ll1©LJ(�DS Phone: (612)717-4000 0- �EW Fax: (612)784-3462 letess Partnetsh'QS April 14, 1998 Good Day: The City of Mounds View will be hosting the Tuesday,May 5, 1998 School District/Cities Multipurpose Athletic Complex meeting. This meeting will be held from 5:00- 7:00 p.m. in the Mounds View City Hall Council Chambers. City Mayors, Managers and Parks and Recreation Directors are invited as well as School District representatives. Dinner food will be provided. If you are unable to attend the meeting please call and notify Tracy Sanchez at 717-4016. Sincerely, ,, a21/Z- Charles S. Whiting City Administrator • • .,� 2401 Highway 10•Mounds View, MN 55112-1499 recycled over Equal Opportunity Employer Item No. (1� Staff Report No. • Meeting Date: May 4, 1998 Type of Business: W.K. WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Discussion of the Community Center HVAC System Date of Report: April 29, 1998 Staff has recently become aware of a couple of issues regarding the HVAC system at the Community Center Phase II. While the system that was specified will function properly in and for the building, staff feels it is necessary to inform Council of these items. I will be very brief, • offering a more in-dept explanation at the work session with the accompaniment of the engineers for the project. When this project was in the concept plan and initial budget constraints were established,the original system was down graded because of it's cost. With the addition of the gym and a considerably higher ended project, staff felt is was wise to discuss the existing system and any additional systems for the future of the building. The relationship of initial cost, energy pay backs and efficiency and comfort are the issues. Dean Olson of WAI and a representative from Dunnham,the designer of the system, will be present at the meeting. If Council has any questions or concerns regarding this report, please feel free to call me. • i hael Ulrich, Director of Public Works :FM OF THIS IS IT OUEN DS [11917--.,0 ouvm "Pari„e,x'e APRIL 27 - MAY I, 1998 ADMINISTRATION Council's airport advisory commission on behalf of the city and as the I-35W Corridor Coalition Boy, what a Council meeting! Last Monday representative. They appear to be looking for night was the largest turnout I have seen since ways to promote the benefits of the area's coming to Mounds View. First, the Walgreens airports and are collecting economic project was defeated after several residents spoke development data. It is unclear as to their out against it. For the second time, the lot the findings to date, but more meetings will be city purchased at the corner of Eastwood and coming. Highway 10 failed to get approval as part of a development. What to do with it will eventually This Monday's work session will have a little have to be answered, but for the time being I discussion on the reorganization I discussed with suspect residents, staff and Council would like it Finance and Parks and Recreation a couple of just to simmer down. weeks ago. With the addition of Cari Schmidt as my assistant and her abilities to oversee human Later, the theater project was up for approval. resource issues, I am considering recreating an The city had been notified the prior week that administration department and reassessing the MNDOT would not approve the project for a Finance department role in the organization with traffic light on Highway 10 as presented. their hardware and software abilities. MNDOT's response was based on the ring road or Long Lake Road connection no longer being That's it for now. --Chuck part of the plan. This point is disputed because correspondence from MNDOT this past winter FINANCE separated the need for the light from the Long Lake Road connection. Many people expressed The Finance Department is starting to see the concern about the connection coming back into "light at the end of the tunnel." We are back to a the picture and many others simply did not want full staff,the auditors will complete the audit in a the project and its side effects. Ultimately the few weeks, and work is being processed on the Council approved the PUD without the exit to new financial software. We are not there yet, but Long Lake Road and directed staff to meet with with long hours and Marge's help we are gaining MNDOT to review and persuade them to change on the workload. their position on the light. Rick Jopke, the mayor and I met with MNDOT Thursday, but to no Kitty is planning to run the first payroll on the avail. It appears unlikely right now that the new system in May. She has to enter and project will happen. reconcile all payroll information from January 1, into the new system and run a parallel payroll to In other less interesting work this week, I insure accuracy. At this time of year the golf attended the second meeting of the Met course's daily receipts become part of her daily 2 THIS IS IT APRIL 27-MAY I, 1998 routine. Kitty has been responding to auditor project on the O'Neil site has been approved but requests this week. She and Barbara will attend is stalled because of issues with MnDOT further training on the new system in May when concerning access to Highway 10. The City they travel to Sioux Falls. The month of May Council has denied TOLD Development for a will be busy since the utility bills went out this comprehensive plan change and rezoning to week and the payments are due by the May 29. allow a Walgreens Drug Store on the city-owned Kitty wants to remind everyone that if any parcel and four single family residential parcels employee encounters problems with the transfer at the intersection of Highway 10, Eastwood of insurance on May 1 to contact her. Road and County Road I. Approvals have been granted for the expansion of the Saturn Marge has been doing a great job of processing dealership and the Bridges Technology Center. the accounts payable this year. She has to enter Construction has begun on the Silverview Estates the accounts payable information into both PUD at Silver Lake Road and Highway 10. systems from January 1 through April. We plan to have the accounts payable system completely The Hoisington Kegler Group continues its work handled by the new software program in May. to help the city develop a design theme for Besides handling a variety of accounting duties Highway 10. A workshop was held on January we send her way, she answers phones and helps 28 to identify important issues, themes, and ideas the public at the front counter. and an additional workshop was held on February 26 to review alternative concepts. They Mary is back full-time, except for some physical will be presenting their final recommendations in therapy appointments. She fills her time with May. answering the auditors' requests and providing them with information and reports. She is Larry Wolfgram,the property owner of 8217 working at closing out 1997 so she can Long Lake Road, under orders from the court, concentrate on everything happening in 1998. has made considerable progress in cleaning up Mary will be attending a Sales and Use Tax his property. Staff continues to work with Mike Workshop in May. Courtney,property owner of 5440 Jackson Drive (across the street from the Sands Apartments)to Bruce has been working at setting up the new also make progress on the clean up of his financial software program with Jim Hess. As property. part of the work with the new system he entered the chart of accounts that is a necessary element Kevin Carroll is now on board as the new for all the accounting packages. He has been Economic Development Coordinator. Kevin is working this week with the auditors and plans to already busy learning the ropes and meeting finish the audit and all reports in May. people. Mary Tatarek Joe Deustch will be back for a second tour of duty as an intern in the department to help with COMMUNITY DEVELOPMENT code enforcement and inspections. Joe starts A number of major development projects that the Monday, May 4. department has been working on have made it Rick Jopke through to City approval process with varying results. The development review for the Theater 3 THIS IS IT APRIL 27-MAY I, 1998 PARKS, RECREATION & and that reservations are currently being taken. It is hoped that churches will have the opportunity FORESTRY to pass this information onto couples who are PARKS: planning to be married. Eagle Scout candidate Mike Amundson completed his Eagle Scout project last weekend, Also, a sign has been prepared and will be April 25 &26. He and his crew of workers installed soon outside the Community Center installed timber landscaping around the new play informing the public that reservations for equipment at Groveland Park. Under the Community Center facilities are currently being supervision and direction of Steve Dazenski, taken. It is hoped that the Community Center will Mike completed the project with flying colors! have a majority of the calendar year reserved for 1999 upon Grand Opening. Summer Seasonal parks employee Peter Szurek began work this month. He has been busy FORESTRY: grooming fields in preparation for high school With Arbor Day and Arbor Month to celebrate, games and adult softball league commencement. Rick is in the parks with school children and Youth teams have begun practices too. The scouts planting trees. Several large pine trees will excellent weather has encouraged early use of be planted by Pinewood students at Greenfield parks this Spring. Park. The tree sale was again a success with many residents taking advantage of purchasing Parks trees are ready to burst into blooming excellent bare root stock at excellent prices. flowers. The many flowering trees in the parks CABLE TV: are especially beautiful this time of year. The dry weather has required sprinkling system and Approximately eight elementary age youth of the drinking fountains to be repaired and hooked up community have been working with Patrick Toth for early Spring use in the parks. and Liz Neuberg (CTV) on a weekly basis in April learning the skills of Cable TV production. RECREATION: Patrick has given them the opportunity to learn Summer Recreation Activity registrations begin camera work,to produce shows,become this week. Activities for summer begin when reporters, interview people and make school is out. Softball and Baseball programs commercials. Students worked together to begin practices in mid May. The Youth produce shows on video tape, all of which will Volunteer Coaches Clinic will be held Saturday, receive a copy. The class was a great success, May 9 and this will commence in-house softball with rave reviews from participants and parents. baseball activities. Congratulations to Patrick Toth who was recently Community Garden plot reservations are presented an award for Cable Access Producer of currently being taken. The meeting of gardeners the Year. This award acknowledges Patrick for will be held Saturday, May 16. work that he has done in the production of Mounds View Cable TV programming for the A brochure for Mounds View Community Center government channel. Barbara Haake was also has been printed and distributed to all the area presented an achievement award for her work in churches. A letter to church staff has also been Cable TV and government access programming. sent informing them the Community Center banquet room will be available for use in 1999 Mary Saarion 4 THIS IS IT APRIL 27-MAY I, 1998 tour the Public Work Facility and to get a better PUBLIC WORKS understanding on the duties of Public Works employees. Congratulations to Bill Hanggi on 25 years of service! Enjoy the great weather! The streets department is repairing boulevards, Tracy Juell filling potholes and repairing water main break areas. Crack sealing will begin in May. POLICE The water mains will be flushed the week of May On 4-29-98, Western Bank was robbed. It has 3. Information on the flushing was put in the been many years since we have had a robbery newsletter and on will run on cable the week of there. No weapon was seen. The suspect just April 27 and half of next week. handed the teller a note. The FBI is investigating. Clean up day is on May 30 this year. Fliers were Tim Brennan is up north this week at the printed by Action Press and were going in the Laurention Center with the fifth-graders from mail the week of April 27. We have had lots of Pinewood. The DARE graduation is scheduled calls from residents inquiring on the particulars for May 19 at 7:00 p.m. so the clean up day should be a great success. All went well at the Ramsey County disaster The sprinkling ban will go into effect May 15 drill. Dave Brick put a lot of work into this and and run through Sept. 15, (odd/even basis). A did a good job. Hopefully, he will start sleeping notice was put in the New Brighton Bulletin to at night again. run on April 29 and May 6, it was also put in the newsletter. After the water main flushing is The City Golf Outing and Award Ceremony is completed,the sprinkling ban information will be scheduled for June 26. This is not set in stone, put on cable. but put that day aside. More details to follow. Water meter repairs letters were sent on April 29 Our new Ford squad cars were delivered. The to approximately 22 homeowners, asking to them conversion process will begin in early May to please call Tracy at the Public Works Department so an appointment can be scheduled A new radio base station was bought for the to trouble shoot the system and make the Police Station. The old one just quit working and necessary repairs. is not worth fixing. The 3rd grade classes from Pinewood The Chief and Lt. Brick attended the Chief's Elementary are scheduled to tour the City offices Conference last week in St. Cloud. Excellent on May 21. We will have cookies and punch and speakers and workshops. Maybe the best ever. other goodies to give them as the tour the Treatment Plant and Public Works. Chief Ramacher The week of May 17 - 23 is "Public Works Week." The public is encouraged to come in and