HomeMy WebLinkAboutCC PACKET 06231998 Meeting Sheet
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Document: CC PACKET 06231998
H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING.
CITY OF ST. ANTHONY
•
REGULAR CITY COUNCIL MEETING AGENDA
June 23, 1998
7:00 PM
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF JUNE 1998 REGULAR CITY COUNCIL MEETING
AGENDA. -
IV. APPROVAL OF JUNE 9, 1998 REGULAR CITY COUNCIL MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. 1998 Road Project:
• 1 . Forest Lake Contracting - $241,450.59.
B. Auditing Services:
1 . Stuart J. Bonniwell (for Liquor Operations) - .$4,000.00.
2. Stuart J. Bonniwell (for City) - $8,000.00.
C. Legal/Prosecutions:
1 . Foster, Wentzell, Hedback & Brever $3,000.00.
D. Storm Water/Sump Pump:
1 . WSB & Associates, Inc. -
a. $2,737.50.
b. $250.50.
E. Water Tower Restoration:
1 . Rieke Carroll Muller Associates - $5,750.68.
F. Engineering/Road Projects:
1 . Rieke Carroll Muller Associates -
a. $1 ,619.33.
b. $16,824.99.
C. $3,898.51 .
d. $667.83.
G. Verified.
VII. REPORTS.
• A. Planning Commission - June 16, 1998.
1 . Wirth Companies; for 4001 Stinson Boulevard; lot split request.
Council Regular Meeting Agenda
June 23, 1998 •
Page 2
2. Robodyne; for 2550 Highway 88; conditional use permit.
3. Discussion of planning consultant for St. Anthony Shopping
Center.
B. Councilmembers.
C. Mayor.
D. City Manager.
VIII. PUBLIC HEARINGS (WSB & Associates will be present) .
A. Redevelopment of Central Park; and
B. Redevelopment of Silver Point Park for flood mitigation purposes.
IX. NEW BUSINESS.
A. Resolution 98-052, re: Approve Comprehensive Water Resource
Management Plan.
B. Resolution 98-053, re: Award bid for rehabilitation of elevated water
storage tank.
C. Resolution 98-054, re: Award bid for replacement of underground fuel
tanks.
D. Ordinance 1998-011, re: Cable TV renewed franchise (Waive 1St and •
2"d readings and adopt).
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT.
I CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 JUNE 9, 1998
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:01 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 H. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen.
9 Also Present: City Manager Mike Morrison.
10 Councilmembers Absent: None.
11 III. APPROVAL OF JUNE 9, 1998 REGULAR COUNCIL MEETING AGENDA.
12 Motion by Marks, second by Thuesen to approve the June 9, 1998 Regular Council Meeting
13 Agenda with the following changes:
14 Under V. Licenses/Permits/Petitions, add: A. Resolution 98-051, re: Approving the One Day
15 Activity Application for Charitable Gambling at the St. Anthony Villagefest.
16 Under VI. Presentation of Claims, add: E. Commissioner Mark Stenglien.
17 Under VII. Reports, add: 1. Resolution 98-049, re: Accepting a COPS Universal Hiring Program
Grant Award; and 2. Resolution 98-050, re: Authorizing the Hiring of Two Part-time Community
Service Officers.
20 Motion carried unanimously.
21 IV. APPROVAL OF MAY 26, 1998 REGULAR COUNCIL MEETING MINUTES.
22 Motion by Marks, second by Faust to approve the May 26, 1998 Regular Council Meeting
23 Minutes as presented.
24 Motion carried unanimously.
25 V. LICENSES/PERMITS/PETITIONS.
26 Motion by Marks, second by Thuesen to approve the following licenses:
27 Heating Contractors License:
28 Metropolitan Mechanical Contractors Inc., Eden Prairie, MN/Renewal
29 Multiple Dwelling License: (Renewal)
30 Equinox Apartments, 2808 Silver Lane NE/266 Units
31 Apache Manor, 3 817 Macalaster Drive/42 Units
32 Walker on Kenzie, 2626 Kenzie Terrace/45 Units
33 Autumnwoods Apartments, 2600 Kenzie Terrace/201 Units
4vCameron Properties, 3721 Chandler Drive/ 12 Units
35 Motion carried unanimously.
City Council Regular Meeting Minutes
June 9, 1998
Page 2
1 Motion by Faust, second by Thuesen to approve the following permit:
2 Temporary 3.2 Beer Park Permit:
3 Honeywell Picnic, Central Park, July 18, 1998, 4:00 - 8:00 P.M.
4 Voting on the motion: Ranallo, Faust, Cavanaugh, Thuesen voted aye. Marks voted naye.
5 Motion carried.
6 A. Resolution 98-051, re: Approving the One DU Activity Application for Charitable
7 Gambling at the St. Anthony Villa g f`
8 Motion by Thuesen, second by Faust to approve Resolution 98-051, approving the One Day
9 Activity Application for Charitable Gambling at the St. Anthony Villagefest.
10 Voting on the motion: Ranallo, Faust, Cavanaugh, Thuesen voted aye. Marks voted naye.
11 Motion carried.
12 VI. PRESENTATION OF CLAIMS. _ •
13 Motion by Marks, second by Faust to approve the following claims:
14 A. Legal and Prosecutions:
15 1. Dorsey & Whitney
16 a. In the amount of$225.00 for legal services rendered through April 30,
17 1998 in regard to acquisition of flood plain properties.
18 b. In the amount of$3,272.58 for legal services rendered through April 30,
19 1998 in regard to $725,000 General Obligation Improvement Bonds,
20 Series 1998A.
21 2. Foster, Wentzell, Hedback& Brever, LLC in the amount of$3,000.00 for the
22 month of May 1998.
23 B. 1998 Street Improvements:
24 1. Rieke Carroll Muller
25 a. In the amount of$1,100.20 for professional services rendered from March
26 29 to April 25, 1998 for 33`d Avenue construction and outstanding invoice.
27 b. In the amount of$2,205.47 for professional services rendered from March
28 29 to April 25, 1998 for 1998 Street Improvements - Construction.
29 2. Moody's Investors Service in the amount of$4,375.00 for professional services
30 rendered in regard to $725,000 General Obligation Bonds.
31 C. Water Tower Restoration:
32 1. Rieke Carroll Muller in the amount of$4,800.00 for professional services i
33 rendered from April 1 to April 30, 1998 in regard to Scoping Study.
34 D. 4 pages of Verified Claims as presented by the Finance Director.
City Council Regular Meeting Minutes
June 9, 1998
• Page 3
1 Motion carried unanimously.
2
3 E. Commissioner Mark Stenglien.
4 Commissioner Mark Stenglien thanked the Council and brought regards of thanks from
5 Hennepin County for the good property values and contributions St. Anthony makes to the
6 County.
7 Stenglien reported that the Hennepin County Jail is currently overcrowded d. The Minneapolis
8 Code Force Strategy has made the situation even worse. He stated the County is committed to
9 providing service to the communities and is annexing space as far as Wright and Stearns
10 Counties. The current jail facility has 509 beds and has the booking facilities for 24,000 cases
11 per year. Last year the jail booked 48,000 cases and this year is projecting to exceed 54,000
12 cases. Stenglien reported that anew facility is online. It will add 270 more detention beds
13 which can be double-booked. The booking capacity will be 88,000 cases per year. The cost of
14 the new Public Safety Facility is $96 million.
15 Stenglien reported the County is working on Welfare Reform. The County has 25% of the State
16 population and includes 60%of the welfare recipients in the State. There is a large section of
17 people who have never had to work before and the County is working to train these people in soft
skills to help them become employable.
19 Stenglien reported the development of a Light Rail System is in process. The route will start in
20 downtown Minneapolis in the Milwaukee Depot area, will make eight stops, travel under
21 Highway 61, stop under the baggage concourse at the International Airport, and proceed to the
22 Mall of America. Construction will begin at the end of 1998.
23 Stenglien reported that Hennepin County prevailed in the Garbage Haulers Lawsuit. The County
24 also continues to hold a AAA bond rating which they share with only five other counties in the
25 State. Stenglien stated he is committed to the City of St. Anthony and also to the St. Anthony
26 Library.
27 Mayor Ranallo thanked the Commissioner for the update and also for his work at the State
28 Capital with the City in regard to the flooding problem.
29 Stenglien stated the flooding issue was of personal interest to him as he grew up on Pahl Avenue.
30 Cavanaugh asked that as the Light Rail Transit develops,that the bus service be protected so that
31 both will be able to thrive. He also stated that at times it appears that the City exports more
32 funds to the.County than they import.
Stenglien stated the Light Rail System will provide the "spokes" but the bus service will still
have to provide the connections. He commented that at times the City may export more funds
35 than they import. He stated that his office is always open for comments and ideas.
City Council Regular Meeting Minutes
June 9, 1998
Page 4 •
1 Marks thanked the Commissioner for his work on the Light Rail System and offered the best of
2 wishes for implementation.
3 Stenglien noted that the first phase of the Light Rail Transit would be the most difficult as it will
4 require building of all the maintenance sheds, etc. This is a 40 month project and he personally
5 is looking forward to it.
6 VII. REPORTS.
7 A. Report on Lead Contamination- Jane Hennessy.
8 Jane Hennessy stated she lives on 29"Avenue NE and is a graduate student in Nursing and
9 Public Health from the University of Minnesota. She explained that lead is eleven times heavier
10 than water and the death of one of every nine children is due to lead poisoning. Americans have
11 used lead in gasoline to make cars runs smoother, water pipes to make them more flexible and in
12 paint to make it last longer. Lead was not removed from paint until 1978. Exterior house paint
13 which is scraped and dropped contaminates the soil near a home.
14 Children are poisoned by eating lead paint dust and chips from their hands, toys and chewing
15 surfaces and from breathing in lead dust. Lead is absorbed by the red blood cells and moves
16 through the body entering the soft tissue and then entering the bones for long-term storage of up
17 to.30 years. A lead-poisoned pregnant woman could contaminate her fetus.
18 There are few clinical signs of lead poisoning. The only way to determine the poisoning is with
19 a venous puncture. If it registers 10 micrograms per deciliter it is considered positive.
20 Ms. Hennessy asked that the City publish an informational article in the newsletter which could
21 feature the telephone number of the Minnesota Health Department, how to obtain information on
22 lead, and how to perform safe home remodeling. She also requested that the City sponsor
23 educational activities,possibly seminars on lead-safe remodeling.
24 Mayor Ranallo asked Ms. Hennessy to submit an article to the City for inclusion in the next
25 newsletter.
26 Faust suggested Ms. Hennessy contact Kathy Knapp of Community Services in-regard to a class
27 or seminar. This may be a better means of getting class information to the public.
28 Thuesen asked at what age it is not as dangerous to do remodeling in a home which contains lead
29 paint.
30 Ms. Hennessy stated children-ages six and under are at the highest risk. A child's nutrition level
31 is also a factor.
32 Cavanaugh asked Ms. Hennessy if she included asbestos education in her work. •
City Council Regular Meeting Minutes
June 9, 1998
• Page 5
1 Mary Shea, Public Health Nurse, stated she is only involved in the lead unit. The building
2 inspector generally addresses the asbestos in a home or building. She explained there is a test
3 available at Menards and Home Depot.which will check the amount of lead in the home.
4 Cavanaugh questioned the results of soil testing for lead in residential areas.
5 Ms. Shea stated it depends on the location. There currently is testing being done in the City of
6 Minneapolis and the levels are slowly decreasing. She suggested that young children not play in
7 the dirt but play in pea gravel or on the grass.
8 The Council thanked Ms. Hennessy and stated they look forward to working with her.
9 B. Strategic Technology Plan for the City-NETLink International.
10 Art Carruth,NETLink, International, explained he had been contacted by the Finance Director
11 who defined the City's expectations for a strategic technology plan. He then performed a
12 technological assessment(an inventory of hardware and software) and a business assessment
13 (talking with department heads to determine specific needs and what they would like to see
14 implemented in the next 3-5 years).
Mr. Carruth called attention to the Executive Summary included in his report which laid out his
company's methodology. He then noted a diagram of the existing resources on page 6. He
17 stated that the City has made extremely wise purchases with a vision in place.
18 Mr. Carruth then noted a diagram of his recommendations on page 13. This proposal would
19 bring the three-four separate networks togther to utilize the system to its full potential, implement
20 a website, and provide proper training. He recommended that the City use CTV as their Internet
21 server. They will provide free service through 1998,have a good infrastructure and a good staff.
22 A representative of the City would sit on the Board of CTV and would have input into some of
23 the rates.
24 Mr. Carruth noted a spreadsheet which is basically a"shopping list" of items the City will need
25 to purchase for this proposal: The Finance Director is in the process of acquiring bids on the
26- merchandise. NETLink will install the equipment and provide ongoing support to the system
27 and the employees.
28 Thuesen complimented the proposal. He stated the network is crucial as the current system is
29 very fragmented. The proposed upgrades are very cohesive and easily ungradable. The plan is
30 set up to be a skeleton which will technically benefit the City for years to come. Thuesen stated
31 that the training is imperative and noted staff is at various levels of computer experience. He
32 then questioned if it would be more advantageous to utilize outsourcing for the network support
or to hire a part-time person for this position.
City Council Regular Meeting Minutes
June 9, 1998 •
Page 6
1 Mr. Carruth stated outsourcing could be utilized. Some cities are hiring an employee and sharing
2 their services with another city. This approach works extremely well as long as it is structured
3 and organized.. The job objective needs to be predetermined and the,employee needs to work
4 closely with the City designated Administrator.
5 Faust noted that outsourcing may be difficult based on need as the year 2000 approaches. He
6 noted a shared situation would result in an employee working for the City.
7 Marks stated the two reasons the system was necessary was to increase the productivity of the
8 City and provide better service to others. He noted it would be useful to have all the City
9 Ordinances in a database. This database could be read-only, so that residents could also have
10 access to the Ordinances. He suggested a master schedule for a year or a series of years be
11 placed on the system which could include the budget process,Villagefest, Sister City events, etc.
12 This would provide more coordination between the various groups.
13 Cavanaugh expressed concern that the City was working with pieces in an effort to establish a
14 system. He asked if this proposal would establish a firm, cohesive base or if the City is merely
15 working with what they have to make it better but not quite ideal.
16 Mr. Carruth stated he is confident that his consultant evaluated the existing investment, looked at •
17 the objectives and made recommendations to leverage off what existed and connect the system.
18 As he had stated earlier,the City has good equipment in place, it just needs to be connected
19 together.
20 Cavanaugh stated his confidence is low due to the police software system not working and the
21 problems with the liquor inventory system.
22 Mr. Carruth acknowledged the police department situation and stated his consultant had made
23 reference to the pain and frustration that existed at that level. He stated it is his job to remove
24 that pain and frustration. He is recommending a new hardware platform of the Microsoft NT
25 Network System.
26 Cavanaugh questioned the training included in the proposal.
27 Mr. Carruth stated one portion of training will be the administrative training to be certain that the
28 person running the network is comfortable. The end user training will be defined by the needs of
29 specific applications.
30 Mornson noted the training recommendations are included on page 12. NETLink has
31 recommended a company called Expertise Software Training. Staff will obtain a quote from
32 them. Staff is currently obtaining training through community services classes.
City Council Regular Meeting Minutes
June 9, 1998
• Page 7
1 Cavanaugh asked if the Stonehouse was included in this proposal. He also asked if the Public
2 Work Department and all staff would be included.
3 Mr. Carruth stated there are two liquor stores which will be interconnected. The City Manager
4 and Public Works Director will receive new computers, and two new computers will be located
5 at the Fire Department.
6 Faust asked if this system would be able to network and dial up Hennepin and Ramsey Counties.
7 He endorsed the use of a website for the City of St. Anthony.
8 Mayor Ranallo noted this capability will be available through Media One. Staff will also be able
9 to connect to the other ten cities included in the Cable Commission.
10 Mr. Carruth noted there are other technologies including I-Net which allow access to
11 municipalities, counties, state, libraries and universities. This is established through a fiberoptic
12 infrastructure along the major corridors. He stated he will keep the City updated as to the
13 progress.
14 Motion by Marks, second by Faust to approve Recommendation#1,that "Council direct staff to
proceed with the bidding and purchasing of the recommended hardware and software products
0 (Estimated at$28,000)."
17 Motion carried unanimously.
18
19 Motion by Marks, second by Thuesen to approve Recommendations#2 and#3,that "Council ,
20 approve NetLink as the network installer per the specifications and recommendations of the
21 Strategic Plan(Estimated at $16,500)" and "Council approve NETLink to develop a preliminary
22 assessment for the Web-Site Development Project(Estimated at$500.00)."
23 Cavanaugh asked if the end user training should be added to this motion.
24 Mornson noted Council can direct Staff to get bids from providers recommended by NETLink.
25 Motion carried unanimously.
26 Cavanaugh questioned when the base-end training should occur.
27 Mr. Carruth stated the base end training should occur when the new system is implemented.
28 Cavanaugh stated that the employees need the training now.
409 Mr. Carruth recommended that if the system is not in place after 1-2 months,the training should
30 be done then.
City Council Regular Meeting Minutes
June 9, 1998
Page 8 •
1 Faust suggested that during the process of upgrading,the equipment might change. He
2 suggested the training be completed after the equipment is installed.
3 Cavanaugh asked why Dell equipment was not included in the bid.
4 Mr. Carruth acknowledged that Dell is a good company but stated that the consultant chose the
. 5 manufacturers based on longevity, warranty and perhaps personal preference.
6 Mr. Carruth explained that the System 36 has been evaluated and it has been determined that it
7 will support the City well in the near future. The Finance Director is planning to incorporate an
8 upgrade of the System 36 into the 1999 budget.
9 Motion by Cavanaugh, second by Marks that the remaining funds will be used for end-user
10 training modifications, the development of a Web-Site and the upgrade of the System 36 will be
11 deferred to 1999.
12 Motion carried unanimously.
13 Mayor Ranallo noted that cable funds may be available for this upgrade. .
14 C. COPS Universal Hiring Program Grant Award- Police Chief Engstrom. •
15 1. Resolution 98-049, re: Accepting a COPS Universal Hiring Program Grant
16 Award.
17 2. Resolution 98-050, re: Authorizing the Hiring of Two Part-time Community
18 Service Officers.
19 Police Chief Engstrom reported that in response to the Council's direction at last July 1997's
20 Budget work session,he looked into funding under the Federal grants available for hiring 2 new
21 police officers to increase the current authorized strength from twelve police officers to fourteen.
22 An application was made to the COPS Universal Hiring Program last November. On May 19,
23 1998, an award grant in the amount of$150,000 to cover half of the costs for the next three years
24 of salaries and benefits for two additional police officers was received.
25 Engstrom.noted the Department has not added additional swom personnel since 1988. Police
26 responsibilities due to mandates, public pressures, Supreme Court decisions, and training needs
27 have increased significantly. The scheduling of officers has been both difficult and trying for the
28 officers. The St. Anthony shifts have been run short during off-peak times to compensate.
29 However,the department was over 5,600 hours short personnel in 1998 due to vacations,
30 compensatory time, sick time,maternity leave,military leave, and training. Some shifts were
31 filled with overtime and juggling of officer's schedules at the cost of bum out and making for
32 unsafe work conditions.
•
City Council Regular Meeting Minutes
June 9, 1998
• Page 9
1 Engstrom stated that he would like to have more time available for officers to become more
2 community-oriented and being pro-active is the best way to keep the amount of crime to a
3 - minimum.
4 Engstrom noted the second part of this request, is for two part-time Community Service Officers
5 (CSO's) to be added to the police department for a total of 40 hours per week. He stated he is
6 currently seeking a federal grant through "COPS More 98." This grant is solely for technology,
7 equipment or civilian personnel. The grant requires a commitment for retention and is a one year
8 grant in the amount of 75%of the cost. A CSO would free up officer time on the street and
9 provide 514 hours of police on the street.
10 Engstrom noted a survey which found only one suburb that did not utilize a CSO and also that
11 St. Anthony is the last Police Department to apply for involvement in the program.
12 Cavanaugh noted that on the application,the population was stated as 16,000.
13 Engstrom explained that number includes Falcon Heights and Lauderdale and is in response to
14 the population served. The new officers will be assigned solely to St. Anthony.
Cavanaugh noted that at the end of three years the cost will be$53,000 and will be 100%the
City's cost. He noted the application requires a plan to implement a program that is not currently
17 being performed.
18 Engstrom explained that the community-oriented activities are being done currently but there are
19 not enough of them being done. The Department is not as active and pro-active as he would like
20 it to be and this grant provides an opportunity to increase this.
21 Cavanaugh noted the categories in the application. He stated there are a number of new
22 programs which this funding motivates the community to look into. He stated he was in favor of
23 the part-time position and noted that there would be an impact on the productivity of the police
24 officers by the hiring of the CSOs. This program will strengthen the existing force at a low cost.
25- Marks stated there is a very compelling case for the addition of the two police officers. There are
26 not enough officers and it has been reported in the past that one means of controlling crime is to
27 enforce traffic laws. Marks commented that the CSO who spent the night at the recent Senior
28 Class Party had the respect of the entire class.
29 Faust noted that Saturday,two young boys had told him they "just wanted to talk to Officer
30 Cotroneo". Faust commended the department for achieving this level of communication. He
31 stated he was in favor of the bike patrol and a school liaison. He totally supported the proposal
�2 and encouraged the pro-active work.
City Council Regular Meeting Minutes
June 9, 1998
Page 10
1 Thuesen stated the 2 part-time positions made sense as they would free up the valuable time of
2 the officers to use their expertise in other areas. He encouraged establishment of a bike patrol
3 and community-oriented activities. He also.expressed support of a school liaison and a drug task
4 force.
5 Engstrom noted that last year there were two officers trained in bike patrol on the Department but
6 both have since taken other positions. He hoped a bike patrol could be reestablished.
7 Mayor Ranallo expressed support for the community watch force and the school liaison. He
8 noted that the St. Anthony Police Department has not added any officers since 1988. Falcon
9 Heights and Lauderdale have both added full-time officers since they began working with St.
10 Anthony.
11 Motion by Marks, second by Faust to approve Resolution 98-049, re: accepting a COPS
12 Universal Hiring Program Grant Award.
13 Cavanaugh offered an amendment to the motion as follows: "Be it resolved that the 2 COP
14 positions will be committed to specific programs which would be new to the community and
15 which have outcomes the Council can measure. The authority.for the position would be for the
16 period of Federal Assistance or 3 years and would require City Council approval to continue the •
17 position without Federal Assistance'
18 Cavanaugh stated that the application deals with a new program that the community could not
19 previously initiate. The effort should be on something the community can see, evaluate, and at
20 the end of the grant period make a value judgement of whether it should continue with
21 community resources.
22 Mayor Ranallo noted that the programs would not be new but would be an expansion of the
23 programs that currently exist.
24 Cavanaugh recommended that a sub-committee of the Council determine a new program in the
25 category of community partnership or problem solving activities.
26 Engstrom stated the St. Anthony Police Department is not a stranger to community-oriented
27 programs. The Department has trained 4 officers in the Crime Prevention Program, has sent half
28 of the department to the COPS program introduction, and has had numerous mandates over the
29 last ten years.
30 Mayor Ranallo asked if this was a friendly amendment to the motion.
31 Marks stated he was trying to see the friendly amendment portion. He noted the intent to
32 measure the effectiveness of the program but stated this is sometimes difficult to determine. •
City Council Regular Meeting Minutes
June 9, 1998
• Page 11
1 Cavanaugh stated the measurement would be the safety of the community.
2 Engstrom stated this was not as accurate as people might.think.
3 Cavanaugh stated that in July of 1997, the City also had the opportunity to just add to the police
4 force. The application for the grant is for a defined period to accomplish something, not just a
5 means to expand the police department.
6 Faust stated he was under the impression that it was the Federal Government's way of getting the
7 City Councils off the dime while putting more cops on the street.
8 Mayor Ranallo asked Engstrom if he could suggest a specific program that would be new to the
9 community which would have measurable outcomes.
10 Engstrom stated he could not answer yes to that question.
11 Thuesen stated he liked the ability to review the addition at the end of the three year period. He
12 did struggle with the requirements that this be a specific program which is new to the community
13 and measurements.
04 Cavanaugh su gg ested the measurement-requirement be dropped.
15 Faust stated that the Police Chief by past performance,has proven his expert policing skills. The
16 Council's role is to provide philosophy and guidance. He stated that he is confident that the
17 Police Chief will provide the most efficiency for the money. He has not requested an increase to
18 the Department in 10 years even though the CUB has required a lot of resources. Faust
19 suggested.the Council should not try to tie his hands and micro manage. Every year the budget
20 and the mnpower is discussed and the Chief has a moral obligation to tell the Council exactly
21 what his department needs. To this date,there has been the ability to have this type of
22 relationship. Faust also stated he did not want to hire someone with the knowledge that in three
23 years they might not have a job. He felt the City may not obtain the best_people under those
24 conditions. The City needs officers now in crime and prevention.
25 Cavanaugh stated he was looking at the physiological difference between increasing the number
26 of the force and applying for a grant program. The grant was not supposed to increase the force.
27 It is a specific program with specific requirements and he wanted to be certain that the
28 Department carry out the spirit of that grant.
29 Mayor Ranallo asked if Marks and Faust accepted the amendment to the original motion.
Cavanaugh stated it was intended to be a Motion to amend the original motion. Thuesen
seconded that motion.
City Council Regular Meeting Minutes
June 9, 1998
Page 12 •
1 Voting on the motion to amend: Cavanaugh and Thuesen voted aye. Ranallo, Faust and Marks voted
2 naye.
3 Motion failed.
4 Voting on motion to approve Resolution 98-049: Ranallo, Marks, Faust, Cavanaugh and Thuesen voted
5 aye.
6 Motion carried unanimously.
7 Motion by Marks, second by Thuesen to approve Resolution 98-050, authorizing the hiring of
8 two part-time community service officers.
9 Mayor Ranallo asked if the CSOs would be uniformed and if they would be available at night to
10 help with the Neighborhood Crime Watch.
11 Engstrom stated they would be uniformed but they would be civilians,probably a reserve or just
12 out of school. They will work some days and some nights.
13 Cavanaugh verified that these positions do increase the productivity of the street.force. •
14 Engstrom stated they do. The CSOs cannot work the streets because they are not sworn officers
15 and do not have the power of arrest, but they can perform tasks which will free up officer time.
16 Motion carried unanimously
17 _
18 D. Councilmembers.
19 Faust reported he has been reappointed to the Improving Fiscal Futures Committee of the League
20 of Minnesota Cities. Meetings are scheduled for the summer and fall to allow the members to
21 bring the City interests and issues together to the Policy Committee for presentation to the
22 Legislature.
.23 Thuesen reported his attendance at the St. Anthony/New.Brighton Chemical Awareness Task
24 Force meeting on June 1, 1998. Shelly Freeman, Wellness Coordinator at the St. Anthony/New
25 Brighton Schools, set up the meeting. The meeting was well attended by people of diverse
26 backgrounds. There was a question and answer session with the Middle and High School
27 students and based on their comments,there is an issue with the use of alcohol,tobacco, and
28 drugs in the community. The meeting ended with the establishment of 7 sub-committees which
29 will take immediate action on various issues.
30 Thuesen reported his attendance at a St. Anthony Shopping Center Merchants meeting. There is •
31 some concern by the group in regard to the old Town and Country building. The traffic flow has
32 been reduced and this has hurt the businesses. Also the Quarry Center has provided competition
City Council Regular Meeting Minutes
• June 9, 1998
Page 13
1 to the retail businesses. Thuesen expressed concern that the planning process for that area move
2 . quickly to provide the retailers with some answers. He was impressed with the commitment of
3 many of the retailers in that center and commended them for sticking with their business and
4 trying to make it work.
5 Mornson reported that the Planning Commission will be interviewing planners at their next
6 meeting and will make a recommendation to the Council on June 23, 1998. Mornson suggested
7 there may be some feedback by this fall. He.noted that the St. Anthony Shopping Center tenants
8 were also aware of the request for the Conditional Use Permit for industrial use and have gone on
9 record by means of letter, in opposition.
10 Mayor Ranallo asked if the merchants were aware that the owner of the Shopping Center has it
11 on the market.
12 Thuesen stated they are aware of that.
13 Cavanaugh reported his attendance at an ACTION Board meeting this morning. They continue
14 to work on building assets and will continue to talk with the Council on these issues.
Cavanaugh reported he is working with the Canadian Pacific and the Main Pacific Railroad in
MI6 regard to changing crews in the Fordham neighborhood. Although there are other options,they
17 are limited. There is also discussion of the installation of a chain-link fence in the area due to
18 concern of the children crossing the tracks. The residents are also requesting that the cul-de-sac
19 on Fordham be landscaped.to buffer the residents from the Happy Potato Chip site.
20 Cavanaugh reported his attendance at a Best Practices meeting at the State Capital. The auditors
21 have just completed a best practice analysis of the 911 system and will now be addressing fire
22 protection service. This analysis will be completed early in 1999.
23 Cavanaugh reported his attendance at the Shelly Freeman meeting. There were 40 people in
24 attendance and 6 task forces were formed.
25 Mayor Ranallo asked the status of the railroad discussions.
26 Cavanaugh stated he would like to be the key contact in this issue. He noted the railroad
27 representatives have met with the citizens and there is an open communication.
28 Marks reported the Sister City Committee continues to work on its 501(c)(3) status.
29 E. Maw
0 Mayor Ranallo reported he had received a letter from Patty Saucer of the Silver Lake Home
1 Owners Association. The letter has been forwarded to City Manager.
City Council Regular Meeting Minutes
June 9, 1998 •
Page 14
1 Mornson reported he has received her concerns in regard to the water management plan and they
2 have been submitted to WSB.
3 Mayor Ranallo reported that earlier this evening, Carol Jindra presented a letter to the Council
4 and asked the Mayor to read it this evening. The letter "thanked each of the Councilmembers for
5 their involvement in the Ice Cream Social Park meeting last week and noted that over 300 ice
6 cream sandwiches were distributed. Comments received over the past week were that people
7 enjoyed the event and the event was informative. City Staff was available and willing to help
8 and a special thank you to Jay Hartman."
9
10 F. Ci y Manager.
11 Mornson reported that the Metropolitan Council is delaying approval of the City's
12 Comprehensive Plan Update until the City adopts a resolution of intent to adopt a Storm Water
13 Management Ordinance. This Ordinance will require,among other things,that any new
14 development has to include a storm water management plan. It also addresses application of
15 fertilizer. The resolution will state that this will be adopted by December 31, 1998.
16 Faust asked if other cities have staff who inspect how the fertilizer is P ut down.
17 Mornson stated that WSB and other cities have stated they do not. •
18 Faust questioned why the City would adopt a policy which they have no intention of enforcing.
19 He asked if this was mandated by the State or required by Federal law.
20 Mornson stated that the State Legislature in 1995, stated that all cities whose Comprehensive
21 Plan was 10 years or older had to develop a new Plan before the end of 1998. The Metropolitan
22 Council has used this as an opportunity to require certain items including a Comprehensive
23 Water Plan and a Storm Water Management Ordinance.
24 Faust asked who was in charge. He stated he did not mind the State passing.laws but did mind
25 an agency for planning and coordinating telling the City what to do.
26 Cavanaugh stated he has read both ordinances and they are excellent. He suggested that lack of
27 enforcement in regard to fertilizer is not the problem. Residents have a responsibility to comply.
28 Mornson stated that it has been WSB's experience that a lot of cities are not enforcing the
29 ordinance but that a lot of the issues with fertilizer are common sense items. He stated he would
30 set up a meeting with a representative of the Metropolitan Council and have him do some
31 investigating.
32 Mornson reported the public hearing for the proposed preliminary plan for Silver Point and
33 Central Park will be on the June 23, 1998 Council agenda. He stated he has already received six =
34 calls from residents primarily near Silver Point Park.
City Council Regular Meeting Minutes
June 9, 1998
is Page 15
1 Emmett Swanson, 3020 Silver Lake Road, stated he has been a resident of the City of St.
2 Anthony for 30 years. He and his wife enjoy the neighborhood,have no intention of moving,
3 . and are upset that the City's plan for their property includes a flood basin in their backyard. He
4 stated he has spoken individually with the Mayor, City Manager and Councilmember Cavanaugh
5 and informed them that he has no interest in selling the property. He would prefer that the plans
6 for his property stop. He noted that at the last meeting there was a resolution passed that
7 authorized the City Engineer and the Engineering Firm to acquire his property. He suggested
8 there are a number of people who should have been brought into the process earlier to determine
9 the viability of the plan. He noted a resolution for consideration this evening which talks about
10 the financial burdens and emotional trauma of the flood victims and stated he is now feeling this
11 burden and trauma over the acquisition of his land and having no input. He stated that at the last
12 meeting his land was identified as Problem Area#5. He asked what needed to be improved and
13 stated the plan was not an improvement but it was destruction.
14 Mayor Ranallo asked Mr. Swanson how many acres of property he owned behind his home and
15 when he purchased the property.
16 Mr. Swanson stated there is one acre of property which he mows, keeps well-groomed and uses
17 within the Ordinances of the City. He expressed concern that the City was telling him what he
�8 had to do with his property. He purchased the property approximately 4-5 years ago from an
9 absentee owner. He asked why his property is defined as Problem Area#5.
20 Cavanaugh explained that this is a misnomer. There is no problem with the property. 13 areas of
21 the City that play various roles in solving the water problem have been identified. Area#5 is
22 seen as part of the solution to the City's problem of water containment. The area has been
23 identified as a critical area to hold water for a critical amount of time and then let the water out.
24 Mr. Swanson noted this plan would bring storm water onto his land,his home, and then let the
25 sediment out in his yard, and eventually let the water move on.
26 Cavanaugh stated the neighbors have indicated that the property presently holds water during
27 heavy rains.
28 Mr. Swanson stated this is due to the inadequacy of the street. Water runs down his driveway
29 into the backyard.
30 Cavanaugh explained that this property is part of the solution to managing the storm water in the
31 City. It is hopeful that the property can be dealt with to expand its holding capacity. The
32 occurrences will not be frequent.
�3 Mr. Swanson stated the area is dry 99%of the time. It is wet during the spring.
34 Cavanaugh stated it will still.be dry for Mr. Swanson.
City Council Regular Meeting Minutes
June 9, 1998
Page 16
1 Mr. Swanson stated he did not believe Councilmember Cavanaugh.
2 Cavanaugh stated that is because Mr. Swanson has not had-an opportunity to see the master plan.
3 Mr: Swanson stated he did not care about the master plan. The storm water will bring
4 contamination of dirt and grime into his yard and the grass will not grow.
5 Mayor Ranallo asked Mr. Swanson if he was open to listening to the engineer explain the plans
6 for the property.
7 Mr. Swanson stated he was not. He is an Engineer by training himself and knows from
8 experience that there is nothing that can be done with a flood basin that he would be comfortable
9 with. He just wants the City to leave it the way it is because he enjoys it the way it is. _
10 Marks explained that in 1991 the City decided to perform a computer analysis of the rainfall that
11 simulated different levels of rain and where the water would flow. One thing that this study
12 showed is that the property owned by Mr. Swanson was a prime location for a temporary holding
13 pond so that the water will flow a little later and not overfill the system. This item has been on
14 the table for quite some time.
15 Mr. Swanson stated he has heard about the issue and read articles in the paper. He called the
16 City Manager and was told that if the plan was approved by the City Council and they were
17 planning to take his property, he would call Mr. Swanson. A couple of weeks ago his wife
18 received a call stating that it was discussed at a Council meeting that they may take his property.
19 After further discussion with the City Manager, Mr. Swanson stated he was led to believe that if
20 he did not agree to sell his property,the City would consider condemning his property. Mr.
21 Swanson again stated fighting this is a financial burden and a traumatic emotional experience and
22 that he did not see City government at work very well with these attitudes. He asked if the City
23 was willing to condemn his property to obtain it.
24 Mornson stated he had never threatened Mr. Swanson with condemnation of his property. Mr.
25 Swanson had contacted the City and asked what the process would be. Mornson stated.he had
26 explained that the Engineer is putting together a plan of how the area will look once the ponding
27 is in place for Problem Area#5. A neighborhood meeting will then be held for negotiation of the
28 acquisition of several properties in the area. Mr. Swanson had then questioned the process if he
29 refused to sell his land and Mornson stated he had answered that Staff would then ask the City
30 Council if they want to take a next step which would be to authorize the City law firm to begin
31 condemnation proceedings. This is the typical process in a public improvement project.
32 Mr. Swanson stated he did not want to sell his property. He asked that the City just leave him
33 alone. •
City Council Regular Meeting Minutes
June 9, 1998
Page 17
1 Marks noted there were quite a number of people_ who received a tremendous amount of damage
2 from flooding last summer.
3 Mr. Swanson stated he understood this but his property was high and dry. He had no problems
4 and yet the City wants him to pay by means of financial,time, energy and emotion. He
5 questioned the fairness of this.
6 Cavanaugh explained that a citizen Task Force has worked an extended amount of time on this
7 issue. The City is in the process of acquiring five homes and some of those homeowners do not
8 want to sell. He stated he understood the human element of Mr. Swanson's issue. However, the
9 City Council has approved the process and is moving forward with the process. He stated he
10 hoped that the City would not have to condemn the property and could arrive at an agreement
11 that is fair. The City and the community is committed to this plan.
12 Mr. Swanson stated that his neighbors knew nothing about this process until he spoke with them.
13 He asked how the community could be committed to this when they know nothing about it.
14 Mayor Ranallo stated the Council understood Mr. Swanson's dilemma. He stated that Mr.
15. Swanson will be kept informed and asked him to attend the meetings in regard to this issue. He
stated the City will look at all alternatives.
17 Mr. Swanson challenged the City to challenge the Engineer to find another way. He stated there
18 is other property in the City which is vacant and suggested that a holding pond be placed at the
19 Stonehouse.
20 Mayor Ranallo explained that the Engineer had looked at Mr. Swanson's property as being
21 vacant. The Council is now aware of Mr. Swanson's feelings and will inform the Engineer.
22 Mornson reported that Park Commission candidates will be interviewed at the June 30, 1998
23 work session. There was Council consensus to begin the meeting at 6:00 P.M. and begin the
24 interviews at 7:00 P.M.
25 Mornson noted the proposed project schedule for the St. Anthony Boulevard sidewalk
26 reconstruction project. He noted that he,the Public Works Director and the Engineer visited the
27 site and noticed there is a piece of asphalt on Kenzie Terrace and repair needed in front of the
28 Amoco building. City Manager directed that these items be included in the bid and they will be
29 covered by State Aid funds. A neighborhood meeting will be held in July and bids will open on
30 July 28, 1998. He noted that the variance which was granted for the width of the road is still
31 valid.
2 Mornson reported the 33'Avenue project will begin on Monday, June 15, 1998. The bids for
4 the water tower reconstruction are due on June 18 and will be included on the June 23 Council
34 agenda.
City Council Regular Meeting Minutes
June 9, 1998
Page 18 •
1 Mornson reported that construction of the tennis courts is moving ahead nicely. The City has
2 received many compliments on the play area behind the City Hall building. The City has also
3 received compliments-in regard to the courtesy and communication of the engineering and .
4 construction firm of te street project on 34th Avenue.
5 Morrison reported that Decision Resources is in the field performing the survey. Although no
6 one has refused the survey,they are having a difficult time finding people at home. They hope to
7 complete the process by the end of the month and will then give a presentation to the Council
8 jointly with the School Board.
9 Cavanaugh asked when the concept of a moratorium in regard to the shopping center should be
10 introduced. He noted it may have an impact on a Conditional Use Permit.
11 Morrison stated he would ask the City Attorney if a moratorium of this type was legal.
12 VIII. PUBLIC HEARINGS -None.
13 IX. NEW BUSINESS.
14 A. Resolution 98-047, re: Acknowledge Assistance in Getting Flood Funding
15. Motion by Marks, second by,Cavanaugh to approve Resolution 98-047, acknowledging efforts •
16 made in pursuit of funding assistance for flood mitigation in St. Anthony Village.
17 Motion carried unanimously.
18 B. Resolution 98-048, re: Approve I/I Loan Agreement with Metropolitan Council.
19 Motion by Marks, second by Faust to approve Resolution 98-048, authorizing the Mayor and
20 City Manager to enter into a loan agreement with the Metropolitan Council.
21 Motion carried unanimously.
22 C. Certification of Local Performance Measures.
23 Motion by Marks, second by Faust to approve certification of Local Performance Measures for
24 Local Performance Aid payable in 1999.
25 Motion carried unanimously.
26 X. UNFINISHED BUSINESS.
27 A. Ordinance 1998-008, re: Fees for Gasoline Service Stations Ord Reading,).
28 Motion by Faust, second by Marks to approve the 3'a reading and adoption of Ordinance 1998-
29 008,relating to fees for Gasoline Service Stations; amending Section 615.06 of the 1993 St.
30 Anthony Code of Ordinances.
31 Motion carried unanimously.
City Council Regular Meeting Minutes
• June 9, 1998
Page 19
1 B. Ordinance 1998-009, re: Parks Commission Ord Reading
2* Motion by Cavanaugh, second by Marks.to approve the 3'reading and adoption of Ordinance
3 1998-009, re: establishing a Parks Commission by adding:Section 306 to the'1993 Code of St.
4 Anthony Ordinances.
5 Motion carried unanimously.
6 XI. ADJOURNMENT.
7 Motion by Marks, second by Faust to adjourn the meeting at 10:06 P.M.
8 Motion carried unanimously.
9
10 Respectfully submitted,
11 Lorri Kopischke
12 Timesaver Off Site Secretarial, Inc.
•
13
14 Mayor
15 ATTEST:
16 City Clerk
Saint Anthony Village
® DATE: June 23; 1998 Approval:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval
Contractors License: - =
Steve Zebro Cement Company, Coon Rapids, MN/ working at 3316
Belden Drive
•
Saint Anthony Village
DATE: June 23, 1998 Approval:
TO: Mayor and Councilmembers
From: Judy Monson, License Clerk
ITEM. Licenses and Permits for Approval
Temporary 3.2 Beer Park Permit:
August 23, 1998/Bill Lucking Family Picnic/ Central Park
APPLICATION FOR PAYMENT NO. 1
To: City of St Anthony, Minnesota (OWNER)
From: Forest Lake Contracting, Inc. (CONTRACTOR)
Contract: City of St Anthony
Project: 1998 Watermain, Street and Storm Sewer Improvements
OWNER's Contract No. -- ENGINEER's Project No. 10408.03
For Work accomplished through the date of. 5/30/98
1. Original Contract Price: . $ 533.674.45
2. Net change by Change Orders and Written Amendments(+or-): S 0.00
3. Current Contract Price(1 plus 2): S 533,674.45
4. Total completed and stored to date: S 254,158.52
5.- Retainage(per Agreement):
_5_%of completed Work: S2-707.93
%of stored material: S
Total Retainage: $ 12,707.93
6. Total completed and stored to date less retainage(4 minus 5): S 241.450.59
7. Less previous Application for Payments: $ 0.00
8. DUE THIS APPLICATION(6 MINUS 7): S 241.450.59
Accompanying Documentation:
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that(1)all previous progress payments received from OWNER on
account of Work done under the Contract referred to-above have been applied on account to discharge
CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for
Payment numbered 1 through 1 inclusive;(2)title of all Work,materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all Liens,security interests and encumbrances(except such as are covered by a Bond acceptable to
OWNER indemnifying OWNER against any such Lien,security interest or encumbrance);and(3)all Work covered
by this Application for Payment is in accordance with the Contract Documents and not defective.
Dated 1( Forest Lake Contracting. Inc.
CONTRACTOR
-7
By
State of
County of
Subscribed and sworn to before me this
day of.
Notary Public
My Commission expires:
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated June 4 ,_1998 Rieke Carroll Muller As ciates, Inc.
R
EJCDC No. 1910-8-E (1996 Edition)
By' �
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification
Institute.
Forest Lake Contracting,Inc. Attachment to Application for Payment No. 1
14777 Lake Drive 1998 Watermaln,Street and Storm Sewer Improvements
Forest Lake, Minnesota 55025 St.Anthony, Minnesota • ij'
Payment Period April 27,1998 to May 30, 1998 RCM No. 10408.03 ' 6
This Application Com leted to Date IiIi
Item Item Descrt tlon Unit Quantity Unit Price Amount Quantity Value Quantity Value I
li
1 Mobilization LS 1 $11,015.20 $11,015.20 1 $11,015.20 1 $11,015.20
2 Remove Conc. Curb&Gutter LF 5400 $1.40 $7,560.00 3208 $4,491.20 3208 $4,491.20
3 Remove Existing Storm Sewer Pipe, 18"Die. or Less LF _ 670 _ $3.75 $2,512.50 650 $2,437.50 650 $2,437.50
lil
4 Remove Concrete Pavement(Incl. DW&SW) SY _ 1250 $3.50 $4,375.00 627.2 $2,195.20 627.2 $2,195.20 yr
5 Remove Bituminous Pavement Incl. DW SY _ 8200 $0.85 $6,970.00 8500 $7,225.00 8500 $7,225.00
6 Remove Existing Curb Box EA 60 $11.00 $660.00 30 $330.00 30 $330.00
7 Remove Existing Catchbasin EA 3 $200.00 $600.00 2 $400.00 2 $400.00
8 Remove Existing Manhole EA 2 $200.00 $400.00 1 $200.00 1 $200.00
9 Sawing Concrete Pavement&Sidewalk LF 730 $3.50 $2,555.00 325 $1,137.50 325 $1,137.50
10 Sawing Bituminous Pavement LF _ 750 $2.25 $1,687.50 112 $252.00 112 $252.00
11 Salvage Existing Hydrant EA 4 _ $200.00 $800.00 1 $200.00 1 $200.00
12 Salvage Existing Copper Service LF _ 2000 $1.65 $3,300.00 1079 $1,780.35 1079 $1,780.35
13 Salvage Existing GV and Box EA 2 $140.00 $280.00 0 $0.00 0 $0.00
14 Common Excavation P CY 7295 $6.00 $43,770.00 48521 $29,112.00 . 4852 $29,112.00
15 Topsoil Borrow(LV) CY 660 $7.25 $4,785.00 0 $0.00 0 $0.00
16 Geotextile Fabric Type V SY 10560 $0.85 $8,976.00 5100 $4,335.00 5100 $4,335.00
17 Test Rolling STA 1 25.5 $50.00 $1,275.00 13 $650.00 13 $650.00
18 Subgrade Preparation STA 25.5 $110.00 $2,805.00 13 $1,430.00 13 $1,430.00
19 Aggregate Base, Clas's 5 TON 8100 $6.30 $51,030.00 6321.36 $39,824.57 6321.36 $39,824.57
20 Aggregate Base, Class 5 100%Crushed Quarry Rock TON _ 3500 $8.25 $28,875.00 0 $0.00 - 0 $0.00
21 8"Concrete Pavement SY 50 $44.00 $2,200.00 0 $0.00 0 $0.00
22 1 %"Type 41A Bituminous Wear TON 710 $29.00 $20,590.00 0 $0.00 0 $0.00
23 2"Type 31B Bituminous Base TON 850 $28.00 $231800.00 0 $0.00 0 $0.00
24 Bituminous Tack Material GAL 410 $1.20 $492.00 0 $0.00 0 $0.00
25 6"PE Perforated Drain Tile LF 3635 $3.75 $13,631.25 2475 $9,281.25 2475 $9,281.25
26 Drain Tile Cleanout EA 4 $500.00 $2,000.00 0 $0.00'1 0 $0.00
27 Connect Drain Tile to Catch Basin EA - 6 $90.001 $540.001 6 $540.00 8 $540.00
Rieke Carroll Muller Associates, Inc. Page 1. Payment Application 1
This Application Completed Elbe
Item Item Description Unit- Unit Price Amount Quantity Value Quantity Va ue
28 15"RCP, CL V LF 52 _ $29.00 $1,508.00 30 . $870.00 30 $870.00
29 18"RCP, CL V LF '_ 646 $30.00 $19,380.00 620 $18,600.00 620 $18,600.00
30 Remove& Reinstall Sprinkler System LS 1 $300.00 $300.00 0 $0.00 0 $0.00
31 Connect to Existing Watermain EA 8 $280.00 $2,240.00 6 $1,680.00 6 $1,680.00
32 Hydrant EA 8 $1,700.00 $13,600.00 6 $10,200.00 6 $10,200.00
33 Corporation Stop EA 60 $60.00 $3,600.00 32 $1,920.00 32 $1,920.00
34 Curb Stop, Box and Cap EA 60 $90.00 $5,400.00 32 $2,880.00 32 $2,880.00 ',II
35 Flared End Coupling EA 60 $32.00 $1,920.00 32 $1,024.00 32 $1,024.00
36 Reconnect Existing Service at Curb Stop EA _ _ 60 $35.00 $2,100.00 32 $1,120.00 32 $1,120.00 �€
37 Connect 3-1"Services to Watermain LS __ 1 $1,200.00 $1,200.00 1 $1,200.00 1 $1,200.00
!;
38 6"GV and Box EA 10 $450.00 $4,500.00 8 $3,600.00 8 $3,600.00 1
39 8"GV and Box EA 1 $750.00 $750.00 1 $750.00 1 $750.00
40 10"GV and Box EA 1 $1,000.00 $1,000.00 0 $0.00 0 $0.00
41 Ductile Iron Fittings LB 1800 $3.25 $5,850.00 575 $1,868.75 575 $1,868.75
42 1"Copper Service Pie LF 2000 $11.00 $22,000.00 1079 $11,869.00 1079 $11,869.00
43 6"DIP Watermain-CL. 52(incl. hydrant leads) LF 1450 $23.00 $33,350.00 1352 $31,096.00 1352 $31,096.00
44 8"DIP Watermain-CL. 52 LF _ 600 $26.00 $15,600.00 604 $15,704.00 604 $15,704.00
45 10" DIP Watermain-CL. 52 LF__ 625 $29.00 $18,125.00 70 $2,030.00 70 $2,030.00
46 Trench Foundation Material TON 370 $19.00 $7,030.00 100 $1,900.00 100 $1,900.001
47 Catch Basins V Diameter) EA 1 $1,600.00 $1,600.00 0 $0.00 0 $0.00
48 Catchbasins(2'x 3'Box EA 2 $800.00 $1,600.00 2 $1,600.00 2 $1,600.00
49 Manholes(4'Diameter) EA 1 $1,900.00 $1,900.00 1 $1,900.00 1 $1,900.00
50 Manholes 5'Diameter EA 1 $1,600.00 $1,600.00 1 $1,600.00 1 $1,600.00
51 Furnish and Install Manhole Casting EA 7 $650.00 $4,550.00 0 $0.00 0 $0.00
52 Adjust Catch Basin Casting EA 1 $140.00 $140.00 0 $0.00 0 $0.00
53 Adjust Storm Manhole Casting EA _ 1 $200.00 $200.00 2 $400.00 2 $400.00
54 Connect Existing Pipe to Manhole EA 1 $200.00 $200.00 0 $0.00 0 $0.00
55 4"Thick Concrete Sidewalk SF 1400 $3.00 $4,200.00 0 $0.00 0 $0.00
56 B618 Concrete Curb and Gutter LF _ 5400._ $6.75 $36,450.00 0 $0.00 0 $0.00
57 6"Thick Conc. DW Pavement&Aprons SY 1110 $31.00 $34,410.00 0 $0.00 0 $0.00
58 Concrete Valley Gutter LF _ 5_2 _$13.00 $676.00 0 $0.00 0 $0.00
59 Trafflc Control LS _ 1 $6,000.00 $6,000.001 1 $6,000.00 1 $6,000.00
60 Bale Check EA 50 $8.00 $400.00 25 $200.00 25 $200.00
Rieke Carroll Muller Associates, Inc. Page 2 Payment Application 1
This Application Com feted to Date
Item Item Description Unit Quantity Unit Price Amount Quantity Value Quantity Value
61 Sod Type-Lawn SY 6900 $2.00 $13,800.00 0 $0.00 0 $0.00
62 3"Bituminous Driveway Pavement SY 140 $11.50 $1,610.00 0 $0.00 0 $0.00
63 Sewer Service Repair EA 12 $325.00 $3,900.00 21 $6,825.00 21 $6,825.00
64 Maintain Dri eway Access LS 1 $1.00 $1.00 0 $0.00 . 0 $0.00
•65 Sewer Main Repair 8'-13'Dee LF 150 $90.00 $13,500.00 116.5 $10,485.001 116.5 $10,485.00
Total $533,674.451 $254,158.52 $254,158.52
Rieke Carroll M er Associates, Inc. Page 3 Payment Application 1
STUART J. BONNIWELL
Certified Public Accountant
7101 York Avenue South-Suite 50 a Office: (612)921-3325
Minneapolis,MN.55435 Fax:(612)921-3331
The COIL Never UnOereslimale The Vake:-. ..
June 1, 1998
Mr. Roger A. Larson, Sr.
Finance Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Professional Services Rendered:
Progress billing in connection with the Liquor Fund
portion of the audit and preparation of the financial
statements of the City of St. Anthony for the year
ended December 31 , 1997 $4,000.00
STUART J. BONNIWELL
rCertified Public Accountant
7101 Yotk Avenue South- Suite 50 Office: (612)921-3325
Minneapolis,MN 55435 Fax: (612)921-3331
TM CPA.�.awe2.u��.TM vame:-
June 1 , 1998
Mr. Roger A. Larson, Sr.
Finance Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55.418
Professional Services Rendered:
Progress billing in connection with the audit of
the financial statements of the City of St. Anthony
for the year ended December 31 , 1997 $8,000.00
Foster,Wentzell,Hedback& Brever,LLC
Attorneys at Law
Suite 201 Anthony Place
. 2855 Anthony Lane South
St.Anthony MN 55418
(612)789-1331 FAX:(612)789-2109
City of St.Anthony June 8, 1998
3301 Silver Lake Road
St. Anthony MN 55418
Attention: Roger Larson
In Reference To: 8001.01
Invoice#27077
Hours Amount
For professional services rendered 0.00 $3,000.00
® B.A.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A Weiss,P.E.
8441 Wayzata Boulevard Peter Willenbring,P.E.
. Minneapolis, MN 55426 Donald W..Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800 June 9, 1998
&Associates,Inc. FAX 541-1700 Invoice No: 01065.10-0000013
City of St Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Storm Drainage Task Force
Professional Services: May 1, 1998 through May 31, 1998
Professional Personnel
Hours Rate Amount
General
Steuernagel, Michael 1.50 50.00 75.00
Project Management/Coordination
Hubmer,Todd 23.00 67.00 1,541.00
Meetings
Willenbring, Peter 11.00 90.50 995.50
Research/Data Collection
Moffatt,Andrea 3.00 42.00 126.00
Totals 38.50 2,737.50
Total Labor 2,737.50
Total this invoice $2,737.50
Comments:
Approved by.
Principal: Peter Willenbring
Project Manager:Todd Hubmer
Infrastnicture Engineers Planners
F.OUAL OPPORTUNITY EMPLOYER
BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
. IVSA9 Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800 June 8, 1998
&Associates,Inc. FAX 541-1700 Invoice No: 01065.14-0000002
City of St.Anthony
Attn Michael.Morrison.
3301 Silver Lake Road „
St Anthony MN 55418-1699
Sump Pump Inspection Program -
Professional Services: May 1, 1998 through May 31, 1998
Professional Personnel
Hours Rate Amount
Report/Feasibility Study
Janski, Charles 3.00 83.50 250.50
Totals 3.00 250.50 -
Total Labor 250.50
Total this invoice $250.50
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager:Charles Janski
Infrastructure Engineers . Planners .
EQUAL OPPORTUNITY EMPLOYER __
Rieke Carroll Muller Associates, Inc. INVOICE /
Engineers 9 Architects • Land Surveyors STATEMENT
MO.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E.
INNETONKA,MN 55343 GAYLORD,MN 55334 ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744
612 935-6901 (507)237-2924 (320)253-1000 218 326-4508
JUNE 8, 1998
INVOICE NO. 14748
PROJECT NO. 10456. 02
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST.. ANTHONY,- MN. , 55418
ATTN: ROGER LARSON
FOR: REHAB & RECOAT ELEVATED WATER TOWER
DESIGN & BID
PROFESSIONAL SERVICES FROM APRIL 26, 1998 TO MAY 30, 1998
---------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS AMOUNT
CIVIL ENGINEER 1 . 0
.ENVIR ENGR 1 .0
. .STRUCTURAL ENGR `IY
ENGR TECH/DESIGN 'z . , 51
-'
DESIGN/DRAFTSPER f .K`'� h 45 ��4
REPROD TECH 1 . 7
SECRETARY 10. 3
TOTALS 71 . 5 5, 629. 99
TOTAL LABOR 5, 629.-99
REIMBURSABLE EXPENSES
REPRODUCTION 0. 69
.-C.A.D. D. 20. 00
PERMIT FEES 100. 00
TOTAL .REIMBURSABLES 120. 69 120. 69
TOTAL 'THIS INVOICE S 5,750.68
)declare under.the'pena t;this
I ' -of la 'tha 'account 'clal orde nd-t
is just and c`orrect and. part,o has.liee id i r .
+I 'SIGNATURE OFCIAIMANT. ?ter `-x. 4k �0. r
�EDM Rieke Carroll Muller Associates, Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMENT
P.O BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E.
�-Mt 2NEETON O,MN 55343 ❑ GAYLORD,0 9 4 55334 ❑ T.CLOUD,ON 56301 ❑ GRAND RAPIDS,MN 55744
JUNE 88 1998
INVOICE NO. 14735
PROJECT NO. 10367. 03
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
ATTN: ROGER LARSON
FOR: 33RD AVENUE CONSTRUCTION
PROFESSIONAL SERVICES FROM APRIL 26, 1998 TO MAY 30, 1998
--------------------------------------------------------- -
PROFESSIONAL PERSONNEL
HOURS AMOUNT
CIVIL ENGINEER 8. 0
CONST SERV ENGR 10. 5
. CONST SERV TECH
1 : 0 <,
SECRETARY ' - 0. 9
TOTALS 20. 4 1 , 597. 83
TOTAL LABOR 1 , 597. 83
REIMBURSABLE EXPENSES
HIRED TRAVEL 21 . 50
TOTAL REIMBURSABLES 21 . 50 21 . 50
SUBTOTAL $ 1 , 619 . 33
UPSET LIMITS
CURRENT PRIOR PDS TO-DATE
TOTAL BILLINGS 1 , 619. 33 1 , 100. 20 2,719. 53
LIMIT 25,000. 00
TOTAL THIS INVOICE S 1 , 619. 33
I declare . der pe Ities' at is o nt,-claim or demand.
-is just an corr �n o pa I a id „
n-- N uR O �AIMANV, - t
Rieke Carroll Muller Associates, Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMENT
�/P O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E.
MINNETONKA,MN 55343 GAYLORD,MN 55334 ST.CLOUD,MN 56301 El GRAND RAPIDS,MN 55744
612 935-6901 (507)237.2924 (320)253-1000 218 326-4508
qw
JUNE 8, 1998
INVOICE NO. 14739
PROJECT N0. 10408. 03
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
ATTN: ROGER LARSON
FOR: 1998 STREET IMPROVEMENTS
CONSTRUCTION
PROFESSIONAL .SERVICES FROM APRIL 26, 1998 TO MAY 30, 1998
---------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS AMOUNT
CIVIL ENGINEER 4 . 5
REG LAND SURVEYR 1 . 0
. CONST SERV ENGR 37. 5.'`:
ENGR TECH/DESIGN 1 .0_ . '
CONST SERV TECH
2-MAN SURV CREW 45. 5
REPROD TECH 2 . 0
SECRETARY 0.4
TOTALS 260. 9 15',836. 75
TOTAL LABOR 151836 .75
REIMBURSABLE EXPENSES
HIRED TRAVEL 798. 91
REPRODUCTION 74. 58
SURVEYING SUPPLIES 101 . 65
MISC. REIMBURSABLE EXP. 13 . 10
TOTAL REIMBURSABLES 988.24 988.24
SUBTOTAL S 16,824 . 99
I declare u d e p nalY I ah Fii -'account,�'claim�or demand
is just an c r ct a r!0 f e
-Sig AT' F CLAIMANT - _
Rieke Carroll Muller Associates, Inc. INVOICE
Engineers • Architects • Land Surveyors STATEMENT
P.O.BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E.
MINNETONKA,MN 55343 GAYLORD,MN 55334 ST.CLOUD,MN 56301 GRAND RAPIDS,MN 55744
0
612 935-6901 (507)237-2924 (320)253-1000 218 326-4508
JUNE 8, 1998
INVOICE NO. 14740
PROJECT NO. 10415. 01
CITY OF ST. ANTHONY.
3301 SILVER LAKE ROAD
ST. ANTHONY, , MN. 55418
FOR : ST. ANTHONY BOULEVARD SIDEWALK
RECONSTRUCTION - DESIGN
PROFESSIONAL SERVICES FROM APRIL 26, 1998 TO MAY 309 1998
---------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS AMOUNT
CIVIL ENGINEER 21 . 0
DESIGN/DRAFTSPER 25. 5
. REPROD TECH - „ F ;0 5z �
t_. .. .
TOTALS fj 47 0 3,417. 08
�Q�7 TOTAL LABOR 3,417. 08
REIMBURSABLE EXPENSES
REPRODUCTION 1 . 43
C.A. D. D. 480. 00
TOTAL REIMBURSABLES 481 . 43 481 . 43
TOTAL THIS INVOICE S 3, 898. 51
declare underthe penafttes of law that this accountzclaim or demander -.- - - : - - - -
+.n
is lust and rrect�and no'part .fit h s e
Rieke Carroll Muller Associates,. Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMENT
P BOX 130 P.O.BOX 776 P.O.BOX 51 15 5th STREET N.E.
NN935 6901 MN 55343 507)GAYLORD,24 55334 (320C253-1000 N 56301 GRAND 8 326-4508 S,MN 55744
qw
JUNE 81 1998
INVOICE NO. 14734
PROJECT NO. 10366. 03
..CITY OF -ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
ATTN: ROGER LARSON
FOR: 1997 STREET/WATERMAIN IMPROVEMENTS
CONSTRUCTION
PROFESSIONAL SERVICES FROM APRIL 26, 1998 TO MAY 30, 1998
---------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS AMOUNT
CIVIL ENGINEER 1 . 0
CONST SERV ENGR 8. 0
SECRETARY
'' Hsi-;• Sq� o f! :i
TOTALS ' 10"-2 645. 3
?TOTAL LABOR 645. 33
LL L7j
�9sr
REIMBURSABLE EXPENSES
HIRED TRAVEL 22. 50
TOTAL REIMBURSABLES 22. 50 22 . 50
SUBTOTAL S 667. 83
UPSET LIMITS
CURRENT PRIOR PDS TO-DATE
TOTAL BILLINGS 667. 83 48,010. 11 48, 677. 94
LIMIT 49, 000.00
TOTAL THIS . INVOICE $ 667. 83
Al
,'1 declare-u-'de "'Pe Itie a4 ht ac unt''c.Calrn or,derrtatad r
1s dust ari ,cb t aptt 6 Y f't
TmAANCIAL SYSTEM ST . ANTHONY V.T.LLAGE
11 08:29 Check Register GL540R-VO4. 40 PAGE 1
iK VENDOR CHECK# DATE AMOUNT
)R LIQUOR CHECKING ACCOUNT
.00001 AA EQUIPMENT CO. 13066 06/11/9B 1 , 12& 18
004009 AETNA LIFE & CASUALTY 13067 06/11/98 _ 62704
004225 AL._L..:(ANT FOODSERVICE 13060 06/11/98 422. 32
004015 AMERICAN LINEN SUPPLY CO 13069 06/11/98 519.11
004293 BELLBOY CORP. _ 13070 06/11/98_ 640. 64
004016 BERKL.EY RISK SERVICES 13071 06/11/98 273.00
004042 BUREAU OF ATF 13072 06/11/98 250,00
_004080 CHISAGO LAKES DI ST . CO. , 13073 06/11/98 5, 36& 13
004087 CITY PAGES 13074 06/11/98 231 . 25
004095 COCA COLA BOTTLING 13075 06/11/98 1 ,427. 44
004114 DREW/MARY 13076 06/11%98 825. 50
004120 EAGLE WINE CO 13077 06/11/98 362.63-
004125 EAST SIDE BEVERAGE CO 13078 06/11/98 65,497 .00
_004130 ECOLAB 13079 06/11/98 149.05
004135 ELECTRO WATCHMAN INC 13080 06/11/98 159. 75
004410 FIRSTAR ST ANTHONY BANK 13081 06/11/98 6,000.00
004411 FIRSTAR ST ANTHONY BANK 13082 06/11/98 10,000.00
004145 G & K SERVICES 13083 06/11%98 -- 75.46
00 175 GRIGG S COOPER & CO INC: 13034 06/11/98 1.2,255.61
2 HAN SON A SSOC , , INC . -- - 11 98 141 . 92
= 3 .
0 9 HARKER'S 01 aT . , INC. 13686 06/11/98 187. 41.
004201 HEGGIES PIZZA 13087 06/11/98 53. 40
_0_04202 HENN CTY SUPPORT & COLL. 13000 06/11/98 105..78
004207 HOHEN STEIN 'S, INC; 13089 06/11/98 4, 1341:3.. 55
004205 HOME JUICE CO 13090 06/11/98 70. 20
004208 I C M A RETIREMENT TRUS 13091 06/11/98 2.5. 00
004103 IKON OFFICE SOLUTIONS 13092 06/11/98 483.57
004220 JOHNSON BROS. LIQ. 13093 06/11/98 6, S97 .69
004218 JOHNSON PAPER & SUPPLY C 13094 06/11/98 332.62
004234 LMC I T 13095 06/11/98 161 . 46
004266 MARKET MECHANICAL. 13096 06/11/98 1 ,013. 10
004271 MEREDITH CABLE 13097 06/11/98 140.26
004272 METZ BAKING CO 13098 06/11/98 49. 20
004275 MIDKIFF/TERRI 13099 06/11/98 150.00 .
004290 MINNEGASCO 13100 06/11/98 344.41.
004318 NAT FINANCIAL INS CO 1310106/11/98 9.50
004339 NTN COMMUNICATIONS 13102 06/11/98 601 . 50
004344 ODESSEY SOUND & LIGHT 13103 06/11/98 150.00
004345 OLD DUTCH FOODS INC 13104 06/11/98 162.72
004355 PEPSI COLA COMPANY 13105 06/11/98 502.36
004360 PHILLIPS WINE & SPIRITS 13106 06/11/98 2,956.28
004362 PIONEER PRESS 13107 ,06/11/98 124;20
004375 POSTMASTER 13108 06/11/98 96.00
004376 PRIOR WINE CO 13109 06/11/98 1 ,722. 38
011110 PUBLIC EMPLOYEE RETIREME 13110 06/11/98 1. ,1309. 53
0 6 R & D SALES, INC. 13111 06/11/9x3 536. 76
03 RON 'S ICE 13112 06/11/98 1 ,216.47
004285 STAR TRIBUNE 13113 0 6, 11 913. 2 9.20
F- NCIAL SYSTEM ST . ANTHONY VILLAGE
11� 08:29 Check Register GL540R-VO4.40 PAGE 2
K VENDOR CHECK# DATE AMOUNT
R LIQUOR CHECKING- ACCOUNT
004466 SYSCO-MINNESOTA 13114 06/11/98 365. 69
004465 TOTAL REGISTER SYSTEMS .1311.5 06/11/98 306.94
.00003 VAL-PAK OF MINN . 13116 06/11%98 850.00
004497 WEYERHAEUSER .].311.7 06/11/98 44 ,76
004499 WORLD CLASS WINES, INC. 13118 06/11%98 237 . 59
LIQUOR CHECKING ACCOUNT 132,632.46 ***
•
B RC FINANCIAL SYSTEM ST . ANTHONY VILLA(
06/16/98 .12:47 Check ' Register GL540R-VO4.40 PAGE
BANK VENDOR CHECK#: DATE AMOUNT
FIRS FIRSTAR ST . ANTHONY CHECKING
008227 : AIRTOUCH CELLULAR ` 7101 .06/.24/98 267.60
Od739d : ALBERG WATER SERVICES. 71.02 06/24/98 8,215.05
000dI ALL FIRE-TEST INC. 7103 06/24/98 42.00
000120 AMERI PRIDE 7104 06/24/98 15.00
007338 AMERICAN EXPRESS 7105 06/24/98 677 .42
005201 AMERICAN STORES 73.06 06/24/98 29.97
000115 AMES PHOTO FINISH 7107 06/24/98 1.1:777
007117 . B & B SEAT COVER .'. 7.108` 06/,24/98 272..20
400380 BOUSTEAD ELECTRIC 7109 06/24/98 1 792. 12
007253 BRAKE & EQUIPMENT WAREHO 7110 06/24/98 125. 75
.00005 CERBERUS PYROTRONICS 7111 06/24/98 71.3. 00
007380 CERES ENVIRONMENTAL SERV 7112 06/24/98 136.00
007072
CHAME3ER. ":OF COMMERCE 7113 06 24 98 - 240:.00 :
00.7383 COMMERS 7114 06/24/98 95.32
. 007334 CONNELLY INDUST. ELECTRO 7115 06/24/98 330 43
007387 CONSTRUCTION MARKET DATA 7116 06/24/98 84. 1.0
007178 D-ROCK CENTER & SMALL EN 7117 06/24/98 65.42
.00007 DAVID MCELWAIN 7118 06/24/98 50.00
DICTAPHONE 711.9 :06 .,24/98 191:00
. 008007 , .,
007371 DISCOUNT ` STEELINC. 7120 06/24/98 10.70
II 005048 DPC INDUSTRIES INC . 7121 06/24/98 6.00
.00004 FIRSTAR TRUST COMPANY 7122 06/24/98 75. 00
001025 G & K SERVICES 71.23 06/24/98 36.20
001030 G & K SERVICES 7124 06/24/98 232. 53
008199 GOLD COUNTRY INC. 7125 .0,6/24/98 1 ,406..:27
001165 GOOUAL.L RUBBER CO 7126 06/24/98 47.22
001230 GOPHER -STATE ONE CALL_ .. 71.27 .06/24/98 141 .75
001241 GRACE DUANE 7128 06/24/98 4 ,923.05
008127 GRAFIX SHOPPE 7129 06/24/98 846.68
001250 GRAINGER INC/W W 7130 06/24/98 153.32
008088 . .HAWK LABEL .NG _ SYS EMS . 1 2
008187 HENNEPIN COUNTY TREASURE `:,7132 06/24/98 .1. 58,0:69
008252 :. HOME DEPOT-GECF 7.133 06/24/98 122.93,. .
> 00 625 IKON OFFICE SOLUTIONS 71.34 06/24/98 ,4 0. 2
.00009 JAMES STORCH 7135 06/24/98 50.00
z .00001 JAYTECH , INC. 7136 06/24/98 133.30
00002 7137 06/24/98 5 00 :
a 00008 JOHN:: MQORE 7:138 06/24/98 50.}00
s 00752 KATF1
OIL::.SERVICE "71.'39 06/,241:9�3 6,?.8i 61
007392 LARSON COMPANIES 7140 06/24/98 8.54
002040 LILLIE SUBURBAN NEW+ISPAPE 7141 06/24/98 364.34
9 007216 LOCATOR & MONITOR SALES 7142 06/24/98 248.75
3 008229 LOf=FLER BUSINESS SYSTEMS. : 7143 06/ 9$ 112 00
{708197 MCI TELECOMMUNICATIONS 7141 06/24/98
008162 MEDIA':.ONE CABLE ' 7145 06/:24/98 2.7?.
2 007359 MIDWEST COCA-COLA BOTTLI 7146 06/24/98 91 .70
s .00011 MINN. CITY-CNTY ASSOC. 7147 06/24/98 3.85
a 002380 MINNEGASCO INC 7148 06/24/98 2,978.06
6
BRC FINANCIAL SY STEM ST ANTHONY VILLAG
06/16/98 12:47 Check Register. GL540R-VO4.40 PAGE
BANK VENDOR C _ K AT p1
FIRS FIRSTAR ST. ANTHONY CHECKING
002060 MINNESOTA BOLT & NUT COM 7149 06/24/98 5.44
005283 MINNESOTA MAYORS .ASSOC 7150 06/24/98 20.00
007356 : MOO YKES/.Kim 7151 06/24/98 198.76
002680 NORTHERN STATES POWER 7152 06/24/98 13,2413.74
008172 OSWALD HOSE & ADAPTERS 7153 06/24/98 24 .00
007217 PARTS PLUS 71 54 06/24/9$ 123.66
.00002 POWERS ELECTRIC PRODUCTS 7155 06/24/98 24.43
008158 : RAM`3EY; COUNTY 7156 .06/24_/98 321 .60
00005 aTrwoan rUNnER nry 7157 06/24f9$ 25.00
003120 RUFFRIDGE JOHNSON EQUIP 71.58 06/24/98 10,650.00
003315 SERCO LABORATORIES 7159 06/24/98 77 .00
008042 SIGNS BY NORTHLAND 7160 06/24/98 22.29
005238 SPECIALTY RADIO SERVICE 7161 06/24/98 461.34
002420.;, STAR TRIBUNE :7162 06/24/98 1 , 127.00
003490 STREICHER ' 7163' 06/24/98 ;: €360.25
vv�i v
008202 TIMESAVER OFF SITE SECRE 7164 06/24/98 235. 50
003560 TRACY PRINTING 7165 06/24/98 760.30
008270 UNITED STATES POSTAL SER 7166 06124/98 600.00
002700 US WEST COMMUNICATIONS 71.67 06/24/98 1 ,886.47 .
.00003 VILLAGE GARDENERS 7168 06/24/98 102.32
00003 ` WI LI.AM EDWnEDS :71.69 -06/24/98 ' 8. 10 -
.00006 WILLIAM HEDBERG 7170 06/24/98 50.00
FIRSTAR ST . ANTHONY CKI G 1 **
7 7777:
MEMORANDUM
DATE: June 16, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: June 16' Planning Commission Meeting Summary
1. Planning Commission Representative. Chris Makowske will be the Planning Commission
Representative to the Council at the June 23rd Council meeting.
2. Public Hearings.
A. 98-06 Wirth Companies - Subdivision and Replat of Property. Motion made by
Bergstrom, second by Horst to recommend approval of the Wirth Companies request to
subdivide and replat Lot 1, Block 2, Beutz Addition. Bill Soth recommended that they
submit a preliminary plat and clarify the ownership of the properties.
B. 98-08 Krause/Anderson - Conditional Use Permit. Motion by Bergstrom, second
by Thompson to recommend granting a Conditional Use Permit to Krause/Anderson, with
the condition that the CUP expires five years_from 2/1/99 or date when Robodyne is open
for business, whichever date is sooner.
3. Concept Review.
A. Robert Jenson, 2505 Roosevelt, Garage Renovation - He is requesting a Garage
Setback-Permit for a detached garage. He is proposing'to set the proposed garage behind
the house and 5 feet from the sideyard. He was also requesting an 88 square foot variance
to the lot coverage requirement; the Planning Commission suggested he shorten the
driveway and move the proposed garage forward toward the house.
4. Interviews of Planning Consultants. Dick Krier called and informed me that he had to go
out of town and would not make it to tonight's meeting. He is requesting that he be
allowed to reschedule a meeting with both the Planning Commission and the City Council.
Bill Weber attended and presented his proposal. The Planning Commission would like to
open the process up again; the Commissioners are'to get back to Staff with firms to send
RFPs.
5. Comments. Gondorchin suggested putting an article in the Bulletin and Focus asking the
Community to submit ideas for redeveloping the southern end of town. He also suggested
naming an interior drive after the resident submitting the winning redevelopment.idea.
Kaczoi suggested also having a Suggestion Box at VillageFest. Bergstrom reminded
everyone about the Planning Commission worksession on July 16' at 6:00 p.m.
Adjourned at 8:55 p.m.
STAFF REPORT
DATE: June 16, 1998 -
TO: Planning Commissioners
FROM: Kim Moore-Sykes, Management Assistant
ITEM: 98-06 Subdivision/Replat of Lot 1, Block 1, Beutz Addition;
Tom Hanka, Wirth Companies, Apache Medical Building.
BACKGROUD:
Mr. Tom Hanka of the Wirth Companies, submitted an application to subdivide and replat Lot
1, Block 1, Beutz Addition, a vacant lot to the southwest of the Apache Medical Building. Mr.
Hanka is proposing to split Lot 1, Block 1, Beutz Addition and join 74 feet to the Apache
Medical Building parcel, which is Lot 1, Block 2, Apache Plaza. The remaining 74 feet of Lot
1, Block 1, Beutz Addition will be replatted to include the vacant parcel, Lot 2, Block 2,
Apache Plaza, that adjoins it to the east.
Mr. Hanka has submitted copies of documents to the City that indicate that the Wirth
• Companies are current owners of record as the Wirth Companies or Stinson Boulevard Corp.,
a subsidiary of the Wirth Companies. The City Attorney has been given the proposed plat map
and copies of the deeds for his review.
ANALYSIS:
Lot 1, Block 1, Beutz Addition is being subdivided and replatted to provide the Apache
Medical Building space for additional future parking needs and to combine the two vacant lots
to increase the square footage available for redevelopment of the newly replatted lot. An
easement between the current lots that allows access to the Apache Medical building will
continue to be maintained after the subdivision and replatting.
The. combining the two vacant lots will bring Lot 1, Block 1, Beutz Addition into compliance -
with Chapter 15, Subd. 4., (1), of the City's Ordinance, which states that all lots must abut by
their full frontage on a public street. The replatting of the vacant lots creates a lot that meets
the minimum lot size requirement under the same Chapter.
-deft'-29; 98ITHU) 10:14 CITY OF ST. ANTHON TEL:612 781 9323 ' P. 002
•
Date: -3/2 -7/7 F
Pee: $150.00
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/PLAT APPROVAL
Applicant:_�'�� i,T/1i Coi�T a„�eS' Phone: 7y�-
Address:, ST:hso� 8;,d 'V �/O(/
Status of Applicant (Owner, Buyer, Renter, Agent, etc.):
Present Legal Description of Property to be Aff ected: �G7`
Neu T2- /!Gtd/-f'i0, )
Proposed Legal Description of Property to be Aff ected: Tle 410--rtiet-l' 5"s' {eer
e 0 r /, �/�-�crE /, 6e✓T� /9��/i�s;
o � Z07'- p•�� %pie /t/CtT��/y SSA t�C�T 7/SPJPd
Street Address:
Zoning District in Which Property is Located:
Specify Any Necessary Easements: �a
Area of the Plat/Subdivision:
Number of Parcels: TO �e Sp/.'7• f h 7''o
Attach a copy of the proposed plat showing the proposed name of the plat, the
location within the City, the names of the present owners, the scale, the date of
preparation, the northpoint, surrounding property, all public utilities and easements and
other such necessary information or documentation as is requested by the City
Manager or the subdivision/platting ordinance.
it lob
THE WIRTH COMPANIES APACHE MEDICAL AND 4001 Stinson Boulevard,Suite 404 FAX(612)788-8855
PROFESSIONAL CENTER St.Anthony,Minnesota 55421 (612)788-8881
•
Saint Anthony Village a Professional Real
Attn: Kim Sykes Estate Management
3301 Silver Lake Road &Development
St. Anthony,MN 55418-1699
RE: Application for Subdivision/Plat Approval of Lot 1,Block 1,Beutz Addition
Dear Ms. Sykes,
` Attached you will find all documents necessary to begin the plat division process of
our parcel. With this division there will remain 235 plus parking places in the Apache
Medical and Professional Center which more than meets the city ordinance currently
enforced. After this application is approved,the southerly portion of Lot 1, Block 1,
Beutz Addition will have the same owners as Lot 2, Block 1, Apache Plaza making that
lot much more attractive for development. If there are any questions about any of the
information provided, please do not hesitate to contact me at 788-8881.
Sincerely,
Tom Hanka
The Wirth Companies
• MEMORANDUM
DATE: May 18, 1998
TO: Tom Hanka, Wirth Companies
VIA FACSIMILE: 788-8855
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Public Hearing for Subdivision of Property.
In response to the memo from your office received this morning, I will reschedule the
public hearing for the subdivision of the Wirth Companies' properties for June 16' at
7;00 p.m. I fully understand of the need not to disclose any information about
impending sales, but because the subdivision of this property or any property, is a
public process, any sales transactions should have been concluded before the application
for the subdivision of property was filed with the City.
I cannot reschedule the May 19' public hearing because the agenda packets were sent to
the Planning Commissioners last Friday afternoon and they do not have the information
•
necessary.to hold the public hearing on this matter. When I pulled your matter from
the agenda; I also removed your application and plat map from the agenda packet.
State statutes allow us to request information pertinent to the consideration of any land
use application. 'In this situation, it appeared that the City was going to proceed with
the consideration of a subdivision of property application on property that, by the date
of the public hearing, would not belong to the applicant. The City Attorney advised me
that holding the public hearing on this application would not be a legitimate process and
would not give the Public the opportunity to respond to the appropriate owner of
record.
If the sale transaction occurs before the June Planning Commission meeting, I will need
a copy of the closing documents, including the title insurance for the City Attorney's
review. He will need time to review these documents before the Planning Commission
meeting. Also, if you are proposing to represent the buyer in this subdivision process,
I will need a letter from the buyer indicating that this is so.
If you have additional questions or require more information, please can me at 612-
789-8881.
1.) Apache Medical Building
4001 Stinson Boulevard NE
St. Anthony, MN 55421
Legal: Lot 1, Block 2, Apache Plaza, subject to an easement for
Stinson Boulevard over the West 33 feet thereof, and together
with an easement for driveway purposes over the West 30 feet
of Lot 1, Block 1, Beutz Addition; and also Lot 1, Block 1,
Beutz Addition, City of St. Anthony Village, Ramsey County,
State of Minnesota.
2.) Vacant Lot
Stinson Boulevard NE
St. Anthony, MN 55421
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St. Anthony, MN 55421
Legal: Lot 1, Block 1, Beutz Addition, City of St. Anthony Village,
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STAFF REPORT
•
DATE: June 16, 1998
TO: . Planning Commissioners
FROM: Kim Moore-Sykes, Management Assistant jAa
ITEM: 98-08 — Krause/Anderson Conditional Use Permit Application.
BACKGROUND:
Bill Warner of Krause/Anderson has applied for a Conditional Use Permit to locate Robodyne
Corp. in the vacant building at 2550 Highway 88, formerly known as the Town & Country
grocery store. In discussing the possibility of putting another retail/commercial use at that
site, Mr. Warner reported to the Planning Commission during a concept review that he was
unable to interest any potential tenant because vehicular access to the St. Anthony Shopping
Center is somewhat difficult and the rent/cost per square foot is too expensive for many who
would be interested.
Mr. Warner and the owner.of Robodyne Corp, Mr. Joseph Alvit6, have stated that the vacant
® building meets the expansion needs.of Mr. Alvit6's computer development and research
company. Mr. Alvit6 reported that he has researched relocating in the Industrial Park, but
there is nothing available that meets his current or future business requirements. Mr. Alvit6
has stated that he will lease the building from Krause/Anderson for five years with an option to
buy at the end of the lease. He is also interested in purchasing other buildings in the Shopping
Center when and if they become available. Robodyne has a manufacturing facility in North
Dakota and has indicated that he intends to use the proposed site for offices and computer
research and program development.
ANALYSIS:
Staff talked with the City Attorney regarding this request and he indicated that this use could
be allowed either as an allowable use if the City determined that the use is educational and
have scientific research offices with no laboratories;'or a permitted conditional use as computer
research and program development. He also indicated that the City may also deny the request
because the use is deemed incompatible with the other uses in the area. The City Attorney
advised that if the City approved the proposed relocation of Robodyne, that they should do so
as a permitted conditional use.
Presently, the City is looking at the future redevelopment potential of the St. Anthony
Shopping Center. Also, Rod Johnson, manager for the St. Anthony Shopping Center indicated _=
to Staff that the Center is currently for sale.
_�af-
y
ROBODYNE CORPORATION
Precision Robotics,Tooling,Feeders,and Assembly Systems
•
March 12, 1998
Mr. Michael Mornson
City Manaaer
St.Anthony Village Offices
3301 Silver Lake Road NE
St.Anthony, MN 55418-1699
Dear Mr. Mornson:
We are interested in leasing the vacated old Town & Country Store in St. Anthony, Minnesota.
The current zoning is Commercial and we would like to get a variance or zone change to Light
Industrial so we can expand and continue to conduct business in the City of St:Anthony.
Robodyne Corporation is an award winning, high technology company. We produce robotic
• workcells and feeders for the electronic assembly industry world wide. The company is eight-
years old and continues to crow at a rapid rate. We have had to relocate three times during the
eight years we've been in business in this community to keep up with the growth patterns which
%%.e have experienced. It is our desire and need to find a building that suits our usage long into
the future for maintaining our position in the technology industry and allowing for growth and
expansion.
The company has a manufacturing facility in Rugby, North Dakota, where the fabrication and
assembly of the products takes place. The St. Anthony location would be for administrative,
research and development, marketing, sales and integration of customer orders. Robodyne
Corporation currently employs 54 people, 33 of whom work in St. Anthony and include
electrical enaineers and highly skilled electrical and computer personnel. The salary for our
professional people ranges from $30,000 to $70,000 annually and $14.00 to $26.00 per hour for
our skilled employees working in St. Anthony. If we are unable to relocate in this St. Anthony
site, we will have to relocate and expand our business to another community where more room is
available for future growth of our operation.
Our company products are environmentally sound and do not produce hazardous waste by-
products. We a "clean" user. Since our location in St. Anthony is predominately an
administrative research and development site, we have very little traffic delivery, and the
deliveries we do take are during standard business hours from 8:00 a.m. to 5:00 p.m., Monday
through Friday.
2818 Anthony Lane South • Minneapolis, Minnesota 55418-3234 •Phone 612-789-5277 •Fax 612-789-6773
•
Mr. Michael Morrison
St. Anthony Village Offices
March 12, 1998 .
Page 2
I would like-you to strongly consider our request for re-zoning or a variance to Light Industrial in
regards to the above mentioned property so we can continue to be part of the business mix in the
community of St. Anthony.
I extend an invitation to you and any other city staff members to tour our facility and see first-
hand what our operation is all about. We have been a good neighbor in St.Anthony for the past
eight years and hope to continue, long into the future, with the city's help with our relocation.
Best regards,
Joseph.Alvite
President&CEO
1UUUS-ANDER8ON REALTY COMPANY
Development -Leasina Management
60 . 0
April 30, 1998
Ms.kim Moore-Sykes
ST.ANTHONY VILLAGE
3301 Silver Lake Road
St.Anthony,MN 55418-1699
RE.: 2550 HIGHWAY$g,ST.ANTHONY,MINNESOTA
APPLICATION FOR CONDITIONAL USE PERMIT
Dear Ms.Moore-Sykes:
Osborne Properties is hereby requesting the above-referenced property to be converted from commercial
zoning to light manufacturing under a Conditional Use Permit fur the operation of Robodyne
Cnrporation.
Robodyne Corporation is an award winning high technology company which has been operating in the
City of St. Anthony for approximately eight years. The companies current operation employs
approximately 33 people in the area, with jobs ranging from eleatrimil engineers and highly skilled
tooling and automation designers, electrical and computer personnel. The salaries for these professionals
range from $30,000 to $70,00 annually and $14.00 to$26.00 per hour for our skilled employees in the
St.Anthony facility, If Robodyne Corporation is unable to relocate to the above-referenced site, it will be.
forced to relocate and expand its current business to another community or state.
The products offered and jobs performed at this new facility would be environmentally safe and would
not pruduut any hazardous waste or bi-products. A location would predominantly function as an
administrative, systems integration and research and development site. There would be very little truck
trafFc and deliveries that would be inwrwiitcnt with other surrounding businesses in the area. Oshnrne
Properties would like the City of St. Anthony to strongly consider our request for a Conditional Use
Permit or Variance to light industrial for the above-mentioned property so Robudycic eau continue to be
part of the business mix in the City of St Anthony long into the future.
If you have any questions regarding this Conditional 1Jse Permit Application, please feel free to contact
me at 948-9419.
Sincerely,
KRAUS-ANDERSON REALTY COMPANY
William A.Wanner
Agent for Osborne Properties
• 1F:4W/pko
4220 West Old Shakopee Road, Suite 200 - Bloomington, MN 55437-2995
612/881-8166 - Fax': 612/881.8114 • Wats:I- 800-399-4220
• MEMORANDUM
DATE: May 1, 1998
TO: Michael J. Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Robodyne
I talked with Bill Soth about whether or not Robodyne could locate in the old Town &
Country building with a conditional use permit. He said that there exist two
possibilities for them to obtain a conditional use permit under"the City Code. The
Commercial zoning regulations allows for (ee) educational and scientific research
offices without laboratory facilities. It was his opinion that what Mr. Alvite calls
laboratories is not what is meant by the Ordinance.
Also, Bill thought the citation regarding computer research and program development
could also fit Robodyne's situation. He would like to see Robodyne apply for a
conditional use permit thereby allowing the City more control over the proposed use.
When I explained to him that Robodyne does do some manufacturing in the
development of customer specifications, Bill maintained that he didn't consider that
manufacturing; it is still researching an idea to determine if it will work. He said that
the-Council may want to amend the Ordinance to make the language more clear if they
are not comfortable with the language as it currently exists.
I met with Mr. Alvite this afternoon and he said he is willing to meet with the Council
and the Planning Commission again to answer other questions or concerns that they
have. So, their request will not be on the May Planning Commission agenda.
•
MEMORANDUM
DATE: May 18, 1998
TO: Michael J. Morrison, 'City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: For Lease or Sale in Industrial Park
The following vie telephone numbers to call if interested in leasing or buying space in
the St. Anthony Industrial Park. All of these places are located.on Anthony Lane
South, so it's my guess that Mr. Alvit6 or his partner have investigated them. Anyway,
I put them together for your information and for tomorrow's meeting with Mr. Lofthus
of the State and Mr. Alvit6.
2828 Anthony Lane South 414-5055 Lease
Anthony Place
2855 Anthony Lane South 338-2828 Bill Ostlund
2800 Anthony Lane South 913-8500
2818 Anthony Lane South 487-6691
2810/2812 Anthony Lane South 781-9582
CB COMMERCIAL C B/KolL" L T
REAL ESTATE GROUP,INC.
INSTITIMONAL SERVICES COMMERCIAL Management Senices
Delivering Solutions Through
• Local Knowledge Worldwide
FOUNDED 1906
May 29, 1998
Mr. Michael Mornson
CITY OF ST. ANTHONY
3301 Silver Lake Road
St. Anthony, MN 55418
RE: St. Anthony Shopping Center
Krause Anderson Petition for Robodyne C.U.P.
Dear Mike:
We are in receipt of a Notice of Public Hearing for the Conditional Use Permit being
requested by Krause Anderson to allow Robodyne Corporation, a "computer research
company", to locate in the former Town & Country. Grocery building. We adamantly oppose
the intended use, as it is not retail and will not attract consumers to the immediate area of the
St. Anthony Shopping Center.
• Since I began managing the property in 1987, it has always been demanded by the city that all
uses at the center had to be commercially compliant or, at a minimum, coincidental to a retail
use. At times this has placed a burden on our leasing of the property but we have complied
The St. Anthony Shopping Center is entering another chapter in its long history of retail
competition. The first occurred with the opening of Apache Plaza. It was then thought the St.
Anthony Shopping Center would not be able to survive. We now have the redevelopment of
Apache Plaza (most importantly the opening of Cub Foods) and the development of The
Quarry with Target, Rainbow Foods and Home Depot as anchors. These played an important
role in the closing of Town & Country. Even though Town & Country was a small grocery, it
did help generate traffic at the center and was well used by residents in the immediate area.
The closing of Town & County has perhaps had a greater impact on the St. Anthony Shopping
Center than Apache Plaza and The Quarry.
Town& Country has only been closed a few months. If Robodyne's C.U.P. is issued, the
towel is quickly being thrown into the ring without exhausting efforts to lease the building for
its intended commercial (retail) use. This is not only unfair to the owners of the St. Anthony
Shopping Center, but also to the merchants of the St. Anthony Shopping Center who have
worked hard to develop their businesses and compete against the retail giants who surround
them.
•
IN EXCLUsivE ALLIANCE WrrH DTZ AND C.Y.LEUNG EXCEEDING CLIENT EXPECTATIONS AROUND THE GLOBE
Mr. Michael Mornson
May 29, 1998
Page 2
I 'ask this letter be read at each of the Planning Commission and City Council hearings for this
request.and be entered into the record. _
Respectfully ubmitted,
Rodney E. Johnson
Real Estate Manager
Agent for St. Anthony Minneapolis, Inc.
S:UADATAIWCTORUUTMMOMCORRFSPOI199rejh.DOC _
REJ:kat
c: Joseph DiSanto - St. Anthony Minneapolis, Inc.
CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the St. Anthony City Council will hold a public
hearing on Tuesday, June 23, 1998, at 7:05 P.M. or as soon thereafter as
possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road, for
the following purpose:
WSB & Associates, Inc., Engineers, will present a
design and project time frame for the redevelopment of
Central Park in the City of St. Anthony. The proposal
consists of constructing a holding pond directly behind
the football field in Central Park. This is a part of the
proposed flood mitigation,projects.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Management Assistant 789-8881. Auxiliary aids are available upon request at
least 96 hours in advance. Please call the City Clerk at 789-8881 to make
arrangements.
Michael J. Mornson
City Manager
Publish: St. Anthony Bulletin
June 17, 1998
for storm sewer redevelopment at Robert Christen Louis and Dawn Christen
Central Park 3501 Silver Lake Road 3505 Silver Lake Road
to St. Anthony, MN 55418 St. Anthony, MN 55418
Helen Paulno Gregory DeLucca Michaela Treppa
3507 Silver Lake Road 3527 Silver Lake Road 3531 Silver Lake Road
St. Anthony,MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 .
John Christen Frank Schroedl Gilbert Olson
3535 Silver Lake Road 3541 Silver Lake Road 3534 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Stephen Callaghan Roberta Mann Betty J. Simmons
3532 Skycroft Drive 3528 Skycroft Drive 3530 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Hudson Nichols Allen Eberlein Jerome Wenker
3526 Skycroft Drive 3524 Skycroft Drive 3522 Skycroft Drive
St. Anthony,MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Richard Mandell Wayne Mikkola Linda Gonier
3520 Skycroft Drive 3518 Skycroft Drive 3516 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Patrick Ennen James & Patricia Vollmar Kenneth Johnson
3514 Skycroft Drive 3512 Skycroft Drive 3510 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Allen Otte Rodney Bloom Thomas Maxwell
3508 Skycroft Drive .3506 Skycroft Drive 3504 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
James Vnak Guido Cappelletti Henry Oskowski
3502 Skycroft Drive 3500 Skycroft Drive 3428 Skycroft Drive
St. Anthony,MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Setterhohn Stanley Partyka Katherine Dorr
24 Skycroft Drive 3420 Skycroft Drive 3416 Skycroft Drive
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Raymond M. Olson Douglas Koehntop John Bakun
3412 Skycroft Drive 3408 Skycroft Drive 3404 Skycroft Drive
St. Anthony, MN.55418 St. Anthony, MN 55418 St. Anthony, MN 55418 •
Stuart Bradt Warren Rolek, Superintendent
3400 Skycroft Drive ISD #282
St. Anthony, MN 55418' 3303 - 33`d Avenue NE
St. Anthony, MN 55418
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CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the St. Anthony City Council will hold a public
hearing on Tuesday, June 23, 1998, at 7:05 P.M. or as soon thereafter as
possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road, for
the following purpose: -
WSB & Associates, Inc., Engineers, will present a
design and project time frame for the redevelopment of
Silver Point Park in the City of St. Anthony. The
proposal is to excavate Silver Point Park approximately
15 feet.to serve as a temporay holding pond during
heavy rains. This is a part of the proposed flood
mitigation projects.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Management Assistant 789-8881. Auxiliary aids are available upon request at
least 96 hours in advance.' Please call the City Clerk at 789-8881 to make
arrangements.
Michael J. Mornson
City Manager -
Publish: St. Anthony Bulletin
June 17, 1998
for sewer redevelopment at Silver Virginia Peters Edward Fehr
Point Park 3000 - 29`h Avenue NE 3008 - 29`h Avenue NE
St. Anthony,MN 55418 St. Anthony, MN 55418
David L. Smith Michael & Lisa McGinty John Grotans
3100 - 29`h Avenue NE 3108 - 29`h Avenue NE 3200 - 29`h Avenue NE
St. Anthony; MN 55418. St. Anthony, MN 55418 St-. Anthony, MN 55418
Bill Callen Wilda Peterson Milton Johnson
3204 - 29`h Avenue NE 3212 - 29`h Avenue NE 3216 - 29 h Avenue NE
St. Anthony,MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Alan Kapsch Roger Sayer - Darci Nimez
3220 - 29th Avenue NE 3222 - 29`h Avenue NE 3224 - 29`h Avenue NE
St. Anthony,MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Occupant Mr. & Mrs. Dierbeck Occupant
3226 - 29`h Avenue NE 2834 Hwy. 88 2868 Hwy. 88
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
leorry Sjober g Russell Karkula Ardis L. M
cGurk
2832 Hwy. 88 2828 Hwy. 88 2820 Hwy. 88
St. Anthony, MN 55418 St. Anthony,MN 55418 St. Anthony, MN 55418
John Kieffer Tom Palkowski Denise McNamee
2824 Hwy. 88 2816 Hwy. 88 2816 Hwy. 88
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
F. Iverson Stanley D. Kasal Chester Mirocha
2812.Hwy. 88 2801 Silver Lake Road 2805 Silver Lake Road .
St. Anthony, MN 55418 St. Anthony,MN 55418 St. Anthony, MN 55418 =
Ray Kimblin Tony Jordan Diane Skrivseth
2809 Silver Lake Road 2813 Silver Lake Road 2815 Silver Lake Road
St. Anthony, MN 55418 St. Anthony,MN 55418 St. Anthony, MN 55418
Jedinak Frank Vescio Dam Thank Nguyen _
Silver Lake Road 2831 Silver Lake Road 2839 Silver Lake Road
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Warren Rolek, Superintendent
ISD #282
3303 - 33 d Avenue NE •
St. Anthony, MN 55418
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Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800
&Associates,Inc. FAX 541-1700
November 5, 1997
Mr. Michael Morrison
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418-1699
Re: Comments Received ol, u►c Si.-ruuiluuy Comps ehensive-water Resource Management Plan
WSB Project No. 1065.00
Dear Michael:
The St. Anthony Village Comprehensive Water Resource Management Plan was sent to the following
agencies for their review and approval on August 7, 1997:
e Rice Creek Watershed District (RCWD)
• Middle Mississippi Watershed Management Organization (MMWMO)
• Metropolitan Council o
• Hennepin Soil and Water Conservation District (HSWCD)
Y Ramsey Soil and Water Conservation District (RSW(-'D)
Comments were received from the Metropolitan Council and RSWCD prior to the commenting .
period ending on October 8, 1997. Comments were also received from the RCWD on October 24,
1997. Original copies of the agency comments are'attached as Appendix A of this document.
The pages that follow include all of the review comments received and a response to each. If you
have.any questions or comments, please do not hesitate to contact me at 541-4800.
Sincerkely,
W.SB r&Associates, Inc.
Todd E. Hubmer, P.E.
Project Manager
bjf
Infrastnicture Engineers Planners A'UVPfi9N11065.0011 103 9 7.mm.wpd
EQUAL OPPORTUNITY EMPLOYER
BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A Weiss,P.E.
I����S� 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800
'Associates,Inc. FAX 541-1700
May 15, 1998
Mr. Jim Piggatt
Hydrologist
Hennepin SWCD
10801 Wayzata Blvd., Ste. 240
Minnetonka, MN 55305-1532
Re: City of St. Anthony Comprehensive Water Resource Management Plan
WSB Project No. 1065.00
Dear Mr. Piggatt:
Please be advised that the City of St.Anthony will be adopting their Comprehensive Water Resource.
® Management Plan at the City Council meeting on Tuesday, June 23, 1998.
If you have any questions, comments or concerns please call me at 541-4800.
Sincerely,
WSB &Associates,Inc.
Todd E. Hubmer,P.E.
Project Engineer
c: Mike Mornson, City of St. Anthony
lv
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
Rice Creek Watershed isr 'c
3585 LEXINGTON AVENUE NORTH,SUITE 330
ARDEN HILLS,MINNESOTA 55126-8056
PHONE(612)483-0634 • FAX(612)483-9186
www.mnwat a e.htm
June 3, 1998 drewro0l®tc. e
Board of Managers
Regular Meetings:
2nd and 4th Wednesdays
at Shoreview City Hall
KATE DREWRY,District Admin.
Mike Mornson,Manager BONITA TORPE,Admin.Assist.
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418-1699
Dear Mr. Mornson:
SUBJ: St. Anthony Water Resource Management Plan
I am pleased to inform you that the RCWD Board of Managers approved the City of St. Anthony's
Water Resource Management Plan at their meeting of May 13, 1998. •
We appreciate your cooperation in the development of this Plan and look forward to working with
the City in the future.
Sincerely
Kate Drewry
District Administrator
bct
c: Todd Hubmer,WSB (FX#541-1700)
Correspondence
RCWD File: City of St. Anthony
BOARD OF MANAGERS
A.J.CARDINAL,SR. DAVID T.COOPER ROBERT M.HULT BARBARA A.HAAKE EUGENE L.PETERSON
ANOKA COUNTY RAMSEY COUNTY WASHINGTON COUNTY RAMSEY COUNTY ANOKA COUNTY
MONTGOMERY WATSON Consulting Engineers 593-9000•Co-Counsel:HAROLD H.SHEFF 332.1000,MICHELLE J.ULRICH 699-9845
•
June 5, 1998
Mayor Clarence Rannallo, City Council and Staff
City of St. Anthony
3301 Silver Lake Rd.
St. Anthony, MN 55418
Re: City of St. Anthony Water Resource Management Plan
Dear Mayor, Council and Staff:
The Silver Lake Homeowners Association Water.Quality Committee met on June 4th, 1998 to
consider the St. Anthony Water Resource Management Plan. We have several comments and
questions.
1. What is the city's plan for the RCWD recommendation that the city be more proactive
before development occurs? We would support the city taking a proactive position on
water quality issues in this Resource Management Plan. .
• 2. WSB & Associates has made statements regarding treatment of water flowing into Silver
Lake which seem to minimize the true extent of water draining into Silver Lake untreated.
Todd E. Hubmer, P.E., letter to RCWD engineer Derek Knapp, dated April 9, 1998 page
#4, paragraph 3, last sentence "the City of St. Anthony has very little drainage area
tributary Silver Lake which is not pretreated." Although this statement does not appear to
be a part of this report it appears to be used by Mr. Hubmer to justify the City of St.
Anthony's failure to include a comprehensive plan for the storm water run off that flows
directly into Silver Lake untreated. We have marked those areas that are currently
untreated on the attached map. We are concerned with these areas flowing into Silver
Lake and the fact that this plan does not address these areas as requested by the RCWD
engineer.
a. Approximately 3/4's of high density commercial area directly south of Silver Lake is
untreated.
b. Water currently drains along Silver Lake Road from approximately 35th and Silver
Lake Road over to Edward St directly into Silver Lake with no treatment plans.
c. Stinson Blvd from railroad tracks to Silver Lane (1/2 street) plus all businesses
including a gas station, car repair, car wash, vacant restaurant and office building all
drain into Silver Lake without treatment.
d. All Silver Lane, Silver Lake Court and Silver Lake Terrace drain to Silver Lake
untreated.
e. Most of parking areas on the east half of Equinox Apartments drains to Silver Lake
• untreated.
3. We would like to have the city adopt a policy of water treatment to deal with small parcels •
that do not fall under RCWD policies such as trapping of floatables on site before they
reach the storm sewer system.
4. We would like the city to adopt a policy whereby final use and occupancy permits would
not be issued until all RCWD requirements are met. Temporary permits could be used
until all work has been completed, satisfying all RCWD drainage requirements.
5. Appoint a Citizen Advisory group that would advocate water quality improvements for
Silver Lake. Explore capital improvements.
6. That the city notify the Silver Lake Homeowners Association of all development
proposals affecting Silver Lake and its drainage area at the earliest possible
opportunity.
These questions are very important to us and the community and we look forward to your
response. We would gladly set a meeting with you or your staff to discuss our concerns.
Sincerel ,
Silver Lake Water Quality Committee •
William Carr 788-1222
Douglas Jones 788-5600
Richard Merrill 788-6020
Lowell Thompson 781-4623
c.c. RCWD
attached map and page 4 of letter
•
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• CITY OF ST. ANTHONY
RESOLUTION 98-052
A RESOLUTION APPROVING THE ST. ANTHONY
COMPREHENSIVE WATER RESOURCE MANAGEMENT PLAN
WHEREAS, the engineering firm of WSB & Associates, upon direction of the St. Anthony
City Council, prepared a Comprehensive Water Resource Management Plan for
the City of St. Anthony; and
WHEREAS, said Plan was submitted to and reviewed by the following agencies:
• Rice Creek Watershed District
Middle Mississippi Watershed Management Organization
• Metropolitan Council
• Hennepin Soil and Water Conservation District
• Ramsey Soil and Water Conservation District
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the St. Anthony Comprehensive Water Resource Management Plan as .
• prepared by WSB & Associates, Inc. and attached hereto.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
June 18, 1998
• Honorable Mayor and City Council
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55417
Re: Rehabilitation and Recoating of Existing Elevated Water Storage Tank
Recommendation to Award Project
RCM Project No. 10456.02
Dear Mayor and Council Members:
Bids were received on June 18, 1998 and reviewed by RCM for the subject project. A
total of five bids were received. The engineer's estimate for the project presented at the
Council Meeting was as follows:
• Tank Rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23,700
• Interior and Exterior Painting . . . . . . . . . . . . . . . . . . . . . . . . . . $125,000
• Construction Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $148,700
Ic III • A/E Plans and Specifications $15,000
Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $163,700
• Construction Administration and Testing . . . . . . . . . . . . . . . . . . $19,000
rieke Project Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180,700
carroll
muller
ates, inc. V.E.Gray and Son Contracting,Inc.submitted the lowest bid of$166,642.00. A/E cost
Witacects eers
of plans and specifications will be $7,500 and the construction and testing should not
land surveyors exceed$13,000. The total project cost is anticipated to be:
equal opportunity Construction Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $166,642
employer
• A/E Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,500
• Construction Administration and Testing . . . . . . . . . . . . . . . . . . . $13,000
• Construction Contingencies for Crack Filler and Welding . . . . . $7,000
y; Anticipated Total Project Cost . . . . . . . . . . . . . . . $194,142
Enclosed is a bid tabulation of the five bids submitted. We recommend award for the
rehabilitation and recoating of the existing elevated storage tank to V.E. Gray and Son
Contracting, Inc, the contractor submitting the lowest bid for a bid amount of
$166,642.00
years
of helping
Sincerely,
build
communities
Project Manager
RIEKE CARROLL MULLER ASSOCIATES, INC.
10901 red circle dr. RCP/aec
foffice box 130
etonka, mn
34 3-0130 cc: Jay Hartman, City of St. Anthony
(612)935-6901 Mike Morrison, City of St. Anthony
fax(612)935-8814
www.rcm-assoc.com
City of St. Anthony
Rehabilitation and Recoating of Existing Elevated Water Storage Tank
Bid Opening: June 18, 1998, 10:00 A.M.
Bid Tabulation
Bid Items V.E. Gray & Son Odland Abhe& Svoboda, H&H TMI Coatings,Inc.
Contracting,Inc, Protective Inc. Contracting,Inc.
Coatings, Inc.
Item No. 1 $25,820.00 $18,500.00 $24,590.00 $63,000.00 $30,000.00
Complete repair and rehabilitation of the
existing 250,000 gallon elevated water storage
tank
Item No. 2 $140,822.00 $156,900.00 $196,825.00 $172,000.00 $228,000.00
Complete removal of the existing coating
inside and outside recoating of the existing
250,000 elevated water storage tank
TOTAL BID PRICE(ITEM NO. 1 AND 2) $166,642.00 $175,400.00* $221,415.00 $235,000.00 $258,000.00
Additional Bid Items
1. Crack Filler and Surfacer Unit Price: $25.00 Unit Price: $50.00 Unit Price: $21.60 Unit Price: $10.00 Unit Price: $25.00
100 SQ FT. $2,500.00 $5,000.00 $2,160.00 $1,000.00 $2,500.00
2. One-quarter inch(1/4") Fillet Weld Unit Price: $45.00 Unit Price: $30.00 Unit Price: $33.50 Unit Price: $23.00 Unit Price: $40.00
160 LIN FT. $4,500.00 $3,000.00 $3,350.00 $2,300.00 $4,000.00
*Adding error-correct amount shown.
Rieke Ca`Muller Assoc., Inc. • Bid Tabul -Page 1
•
CITY OF ST. ANTHONY
RESOLUTION 98-053
A RESOLUTION AWARDING BID FOR REHABILITATION
AND RECOATING OF EXISTING WATER STORAGE TANK
WHEREAS, the City Council of the City of St. Anthony determined the need to rehabilitate
and recoat the City's existing water storage tank after review of an engineering
report submitted by Rieke Carroll Muller & Associates, Inc.; and
WHEREAS, the advertisement for bids for said project was published and bids were
received, reviewed, and tabulated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony,
in the best interests of the City, hereby awards the bid for the rehabilitation and recoating of
the existing water storage tank to V. E. Gray and Son Contracting, Inc. at a cost of
$166,642.00.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
S.11.Cumming;
President
environmental Services,Inc. J.L.r;filer
<:6icf 1'aeCUdve Officer
June 18, 1998
Mr. Jay ITartman
St. Anthony Village
3301 Silver Lake Road
St. Anthony, Minnesota 55418
RE: UST AND AST PROJRC:T
BID RESULTS
Dear Mr. Hartman:
Nava Environmental Services, Inc. has reviewed the bids for the underground storage tank
(UST) removal project and the aboveground storage tank (AST) installation project. The
apparent qualified low bidder for the project is Ceres Environmental with a base bid of
$71,470.00 and options B,C,D, and E with a bid of $13,650.00. Additional costs may be
incurred as outlined by the unit rate charges depending on the amount of product in the tanks
and the amount of petroleum impacted soil excavated.
• The AST system will provide adequate storage and pumping to meet the needs of St. Anthony
Village. 'i'he system complies with current state and federal laws.
Based on the information presented in the bids, Nova recommends•that the UST and AST
project be awarded to Ceres Environmental.
r we can provide additional information , lease feel free to contact
If you have any questions o p P
thyself at (612) 448-9393.
Sincerely,
Nava.Environmental Services, Inc.
Robert C. Goltz
Senior Project Manager
RGG:sIt
an equal opporniniry employer
Suite 4n0 Hazeltine Gates 1107 K=eltluc Rrndrv:ud Chaska 1•!N S5: R
60.144R-9193 Ff1.XAi,R-9572
ZQ'd Z.[t'C�8i=�;'t?� ^. .,c:�IrtC .1 L r° U Knob, c18Z ?tn
BID FOR UNDERGROUND STORAGE TANK
REMOVAL AND UNDERGROUND STORAGE
TANK INSTALLATION
June 5, 195-98- 2:35 PM.
Bidder 5% Bid Bond Total Amount Bid •
Ceres Yes $71,470.00
Determan Yes $77,543.00
Westside Equipment Yes $80,585.00
American Tank Yes $81,961.00
Zahl Equipment Yes $82,212.00
Environmental Resources Yes $91,145.00
The - 1998 Capital Improvement budget- for the fuel tank improvement
project is $82,000.00.
NOVA- Bn'vironmental Services. . . . . . . . . . . . . $ 6,2'84.00
Ceres ( low bidder) . . . . . . . . . . . . . . . . . . . . . .$.71,470.00
$77,754. 00
St Anthony Village Public Works Facility M98-597R001-RGG\WP\1998-5
Page 12 May 8,1998
Adak
St. Anthony Village
SCHEDULE OF PRICES
ITEM UNIT
No DESCRIPTION UNIT QUANTITY PRICE EXTENSION
1 Furnish and install one (1)convault LS 1
aboveground storage tank, concrete pad, and $_59,40Q.'-00 $59,400._90
protective post.
2 Furnish and install two(2)pumps and LS 1
dispenser cabinets, two mount ground fills. $ 3,495 00 $__3,495.0O
3 Furnish and install magnetic strip card LS 1
automated fuel control system. $ 4,375. 00 $ 4,375,00
1 4 Electrical connections. LS 1 200 00 $ 4,200.00
TOTAL BID:
$71,470 00
BELOW LIST IS OPTIONAL .
ITEM UNIT
No DESCRIPTION UNIT QUANTITY PRICE EXTENSION
1
A Remove and dispose of existing fuel LS 1
dispensers, wooden shed, concrete slab, and $ 1.500.00 $1.500.00
No asphalt.
B Remove and dispose of six(6)USTs LS 1
including backfill placement, compaction and $ 8,500 00 $8,500.Q0.
base coarse.
i
C Install concrete pavement and apron. Fe 731
I $ 3,500,00 $3,500.Q0
D Connect existing Vedderroot TLS-250 to
tanks with new probes. $ 250.00 $ 250.00
Provide 20' light pole, photoelectric light,
and installation. $ 1,400 00 $1,400.Q.0
Total of B, C, D, E $13,650.00
SL Anthony Village Public Works Facility M98-597R001-RGG\WP\1998-5
Page 13 May 8,1998
TEMS TO BE COMPLETED ON A UNIT PRICE BASIS
SCHEDULE OF PRICES'
ITEM ASSUMED
NO. DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION
5 Excavate, load, haul, stockpile and cover CY 100
petroleum impacted soil 9.50 950.00
II 6 Fueling pumping and disposal GAL 100
3.25 325.00
II 7 Sludge disposal GAL 25
8.00 200.00
8 Water pumping and disposal GAL 50
I 4.00 200.00
9 Backfill placement and compaction for CY 110
contaminated soil 13.50 1,485.00
CITY OF ST. ANTHONY
RESOLUTION 98-054
A RESOLUTION AWARDING BID.FOR REPLACEMENT OF
EXISTING UNDERGROUND FUEL TANKS
WHEREAS, the Federal Environmental Protection Agency requires that all fuel tanks
installed prior to December, 1998, that do not meet the standards must be
removed; and
WHEREAS, there are existing fuel tanks near the Public Works building which need to be
removed; and
WHEREAS, the advertisement for bids for said project was published and bids were
received, reviewed and tabulated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony,
in the best interests of the City, hereby awards the bid for the replacement of underground fuel
tanks located near the Public Works building to Ceres, for a cost of$71,470.00.
Adopted this day of , 1998.
Mayor
ATTEST:
City Clerk
Reviewed for administration: _
City Manager
BERNICK AND LIFSON, P.A.
• SUITE 1200, THE COLONNADE
5500 WAYZATA BOULEVARD
MINNEAPOLIS, MN 55416
TEL. (612)546-1200
FAX(612)546-1003
MEMORANDUM
TO: City Managers/Administrators North Suburban Cable Territory
FROM: Tom Creighton, Legal Counsel Cable Commission
DATE: June 12, 1998
SUBJECT: Renewed Franchise
As you may recall, you were sent a proposed Franchise.Ordinance from this office in mid-April.
Since then many of your Cities have conducted workshops to discuss the document. Enclosed
please find the final proposed Franchise Ordinance for adoption by your City.
Also enclosed is an Ordinance Summary which you may use for publication if your City so
• requires.
Please consider the enclosed proposed Franchise Ordinance at your next regularly scheduled
meeting. We are, of course, available for any further discussion or information which your City
may require. Please contact Cor Wilson to schedule such conferences.
After your City has adopted the Franchise Ordinance, please have it signed by the appropriate
individuals and return the original to this office. We will secure the signature of the company
when all ten Cities have adopted the Ordinance. We will return the original to you for your
ordinance codification after the company has signed the document.
Again, please contact us if you have any questions:
cc: Ms. Cor Wilson
C ACAB LEW SCCCCTRANCHIS.M EM
r
CITY OF ST. ANTHONY
ORDINANCE SUMMARY
Prepared by:
Thomas D: Creighton
Robert J.V.Vose
Bernick and Lifson, P.A.
ORDINANCE NO. 19 9 8-011
AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY
OF ST. ANTHONY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT
OF THE FRANCHISE
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. Adoption-of this Franchise is, in the judgment
of the Council, in the best interests of the City and its residents.
FINDINGS
The City Council makes the following findings:
1. The company technical ability, financial condition, legal qualifications, and
character were considered and approved;
2. The company plans for constructing, upgrading, and operating the System were
considered and found adequate and feasible;
3. The Franchise complies with applicable laws and regulations; and
4. The Franchise is nonexclusive..
SECTION 1.
SHORT TITLE AND DEFINITIONS
This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains many
definitions regarding the cable system.
1
SECTION 2.
GRANT OF AUTHORITY AND GENERAL PROVISIONS •
This Section grants a nonexclusive, fifteen(15) year Franchise pursuant to the company's proposal
and additional requirements contained in the Franchise. 'This Section further provides for free
subscriber service to designated public and educational institutions.
SECTION 3.
CONSTRUCTION STANDARDS
This Section provides for permitting requirements, construction code compliance, undergrounding
requirements, and other conditions on the use of the Rights-of-Way.
SECTION 4.
DESIGN PROVISIONS
This Section provides for the construction of a System providing 750 MHZ capacity and which
is fully activated with the capability of a minimum of up to 81 video channels.
The company will 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 Need dictates.
The company will complete all construction related to the System upgrade on or before November •
P Y P Y Pg
30, 2000. The Section contains requirements regarding testing and technical standards and
provides for four (4) channels to be interconnected with all adjoining cable systems.
SECTION 5.
SERVICE PROVISIONS
This Section provides for rate regulation when permitted by law, customer service standards, late
fees and subscriber contracts.
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS
The company will provide twelve (12) channels for public, education and government
programming. The company will continue to comply with all requirements regarding community
programming operations and funding and in addition will increase the funding by-$667,286 over
the life of the Franchise.
2
. SECTION 7.
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
This Section contains provisions requiring the company to dedicate certain capacity for use by
designated institutions, and contains terms and conditions for the usage and performance of this
institutional network.
SECTION 8.
OPERATION AND ADMINISTRATION PROVISIONS
This Section contains provisions requiring the company to pay quarterly to City or its delegatee
a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In
addition, the City shall have the right to require the company to provide copies of any records and
the company must file with the City a report of all Gross Revenues and shall furnish such other
reasonable reports with respect to operations may be required. If requested, the company shall
furnish the maps, plats, and permanent records of the location and character of all facilities. _
Finally, the City may require evaluation sessions at any time during the term of this Franchise.
As a result of a review session, the company will meet with City and undertake good faith efforts
to reach agreement on changes and modifications to the Franchise which are both economically
and technically feasible.
.. SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS
This Section contains provisions requiring the company to furnish a performance bond to City in
the amount of$500,000.00 and deliver to City an unconditional Letter of Credit from a National
or State bank approved by City in the amount of$25,000.00 to secure compliance with the terms
of the Franchise.
In addition, this Section provides that the City and its agents shall not be liable for any loss or
damage arising out-of any action of the company with respect to this Franchise.
Finally, as a part of the indemnification above, the company shall maintain a comprehensive
general liability. insurance policy for any and all damages and penalties which may arise as a result
of this Franchise 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.
SECTION 10.
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
. This Section provides that the City reserves the right to revoke, this Franchise, if it is determined
by City that the company has violated material provisions(s) of this Franchise, has attempted to
3
evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This
Section also contains provisions regarding abandonment of service and removal of equipment and
requires that the company receive approval prior to sale or transfer.
SECTION_11.
PROTECTION OF INDIVIDUAL RIGHTS.
This Section prohibits discrimination and requires subscriber privacy by the company.
SECTION 12.
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
This Section prohibits unauthorized connections to the system or damage to the system.
SECTION 13.
MISCELLANEOUS PROVISIONS
This Section contains a variety of requirements concerning franchise renewal, amendments,
compliance with applicable law, and interpretation of the Franchise.
SECTION 14.
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS.
-
This Section requires that the Franchise be published in accordance with applicable local an d
Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the
company in accordance with the provisions of Section 14.2.
The company shall accept this Franchise within sixty (60) days of its enactment by the City
Council 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.
First Reading: Waived
Second Reading: Waived.
Adopted: Tune 23, 1998
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin 4
ORDINANCE NO. 1998=011
CITY OF ST. ANTHONY
CABLE TELEVISION FRANCHISE ORDINANCE
Date: July 15, 1998
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
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 Authoritv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Subscriber Network Drops to Designated Buildings. . . . . . . . . . . . . . . . . 8
SECTION 3. •
CONSTRUCTION STANDARDS . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Under,y?roundin,g of Cable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5. Installation of Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6. Safety Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 4.
DESIGN PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1. System Upgrade; Minimum Channel Capacity. . . . . . . . . . . . . . . . . . . . 11
2. Construction Timetable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3. Interruption of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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 Policv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 6.
ACCESS CHANNEL(S) PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
1. Public, Educational and Government Access. . . . . . . . . . . . . . . . . . . . . . 16
2. Charges for Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
3. Access Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 17
4. Access SWWrt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5. Studio Relocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6. Regional Channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7. State and Federal Law compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 7.
• INSTITUTIONAL NETWORK(I=NET) PROVISIONS . . . . . . . . .. . . . . . . . . . . . . . . 18
1. Ca aci . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
5. Reports and Maps to be Filed with City. . . . . . .. . . . . . . . . . . . . . . . . . . . 21
6. Periodic Evaluation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 21
SECTION 9.
GENERAL FINANCIAL AND INSURANCE PROVISIONS . . . . . . . . . . . . . . . . . . . 21
1. Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2. Letter of Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3. Indemnification of City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
•
SECTION 10. •
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE . . . 26
1. Cites Right to Revoke. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2. Procedures for Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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. Penal . . . . . . . . . . . . . . . . . . . 31
SECTION 13.
MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1. Franchise Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2. Work Performed by Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 31 •
3. Amendment of Franchise Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4. Compliance with Federal, State and Local Laws. . . . . . . . . . . . . . . . . . . 32
5. Nonenforcement by itv. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Rights Cumulative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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 MEDIAONE NORTH CENTRAL
COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
COMMUNICATIONS SYSTEM IN THE CITY OF ST. ANTHONY; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY [IN
CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN;
The City Council of the City of St. Anthony 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.
•
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. "C11 y" means City of St. Anthony, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully
appointed designee.
C. "Ci tY Council" means the governing body of the City. r
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.
i. "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 MediaOne North Central Communications Corp., 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 Franchise 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
Franchise shall be, when taken as a whole, 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
• substantially similar burdens and obligations to this Franchise. Any assignment of
5
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 ARplicable 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 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
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. -
•
6
• 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
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
7
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: City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Attention: City Manager/Administrator
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
MediaOne
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.
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
8
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.
• 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
9
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.
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.
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• 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
Need dictates. Grantee may use 200 MHz of the total 750 MHz System
capacity for the provision of such services.
•
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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.
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 •
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• 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
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
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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. r
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. 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
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. •
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• 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.
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.
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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 PQlicy. Grantee shall maintain a location in Ci ty 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.
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
16
• 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.
.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
17
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.
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.
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• 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.
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.
19
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.
e Franchise, shall a quarterly to City or its •
a. During the term of the Franc se, pay q y ty
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
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.
•
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• 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.
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
21
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 or 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
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. •
22
• 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
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.
•
23
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
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. •
24
• i. 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
taction 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.
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
25
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:
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 _
-3
26
• 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
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.
27
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
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.
28
• 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:
L If City does not indicate to Grantee in writing, within sixty (60)
days of receipt of written notice of a proposed sale, transfer,
corporate change, or assignment as contemplated in Section 10.5 (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.
L 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.
•
29
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
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.
30
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.
.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
31
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
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
32
• 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.
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.
•
33
Passed and adopted this day of , 1998. •
ATTEST: CITY OF ST. ANTHONY
By:. By:
Its: City Clerk Its: Mayor
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: By:
Its:
C AC AB LEMCCCOST-ANTHO.FRN
•
•
34
EXHIBIT A
�
Meredith .
Kevin C. Griffin
' i dW®Ce b l e President&General Manager
934 Woodhill Drive (Fax)612/483-9184
Roseville, MN 55113 Customer Service:. 612/483-9999
Administration: 612/483-3233
August 4, 1997
Ms. Cor Wilson, Executive Director
North Suburban Cable Communications Commission
950 Woodhill Drive
Roseville, Minnesota 55113
Re: North Suburban Cable Communications Franchise Renewal
Dear Con
Attached please find an updated and revised Renewal Proposal per your request. We have made
an attempt to identify everything that has been agreed to between us. Should there be any
• confusion please refer to my memorandum of July 31, 1997 to Mr. Creighton.
As we have discussed, any agreements or offers regarding clarifications or modifications of our
May 13, 1997 proposal have been made in the spirit and context of an entire"package" of
understandings. Accordingly, changes in any one component could result in a need to change
other components. Please feel free to contact me with any questions or for further clarification.
Sincerely,
K in C. Griffin
cc: Thomas D. Creighton
Randall Coleman
Kathi Donnelly-Cohen
John Gibbs
Trudi McCollum Foushee
•
EXHIBIT A - Continued
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 SU BSCRIBER 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 •
EXHIBIT A - Continued
• 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
EXHIBIT A - Continued
• 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 MIU channel for forward data and./or other.
purposes, and one (1) 6 NM 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 1 Odb 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
EXHIBIT A - Continued
• 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 -
EXHIBIT A - Continued
• 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.
i
• 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
EXHIBIT A - Continued
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. ay-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 -
EXHIBIT A - Continued
• 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.
F 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 NIRZ 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
EXHIBIT A - Continued
• 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
EXYMrT B
North Suburban Area Institutional Connections
City of Arden Hills 0
Inst. Name Street Address City Phone I-Net Sub
Arden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills, 636 75676 X X
Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills '636-5676 Y X
Util.- Booster 1230Red Fox Road Arden Hills Y
Util.- Lift #1 3196 North Cleveland Arden Hills Y
Util.- Lift #10 3804 North Cleveland Arden Hills Y
Util.- Lift #11 1901 Highway 96 Arden Hills Y
Util.- Lift #12 1965 Thom Drive Arden Hills Y
Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y
Util.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y
Util.- Lift #2 1850 Co. Rd. E2 Arden Hills Y
Util.- Lift #3 1578 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #4 3484 Ridgewood Road Arden Hills Y
Util.- Lift #5 3495 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #6 3328 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y
Util.- Lift #8 1335 Ingerson Road Arden Hills Y
Util.- Lift #9 3168 Ridgewood Road Arden Hills Y
Util.- Roseville Station Y
City of Falcon Heights
Inst. Name Street Address City Phone I-Net Sub
Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X
Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y
Falcon Heights Fire Station 2077 W. Larpenteur Ave.. Falcon,_Heights 644-5575 X X
City of Lauderdale
Inst. Name Street Address City Phone I-Net Sub
Lauderdale City Hall 1891 Walnut St. Lauderdale 631-0300 X T
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 2
Inst. Name Street Address City Phone I-Net Sub
City of Little Canada
Inst. Name Street Address City Phone I-Net Sub
City Garage 3100 Country Drive Little Canada Y Y
Ice Rink 430 Little Canada Road Little Canada Y
Ice Rink 100 E. Demont Little Canada Y
Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X
Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X -
Old Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X
Shelter 350 Eli Road Little Canada Y
Shelter 2950 Centerville Little Canada Y
Util.- Booster Station 141 Co. Rd. B Little Canada Y
Util.- Lift Station 672 Co. Rd. B Little Canada Y
til.- Lift Station 2537 Keller Parkway Little Canada Y
Util.- Lift Station 99 Co Rd. B Little Canada Y
Util.- Lift Station 2458 Dianna Lane Little Canada Y
Util.- Lift Station 2707 Jessica Court Little Canada Y
Util.- Lift Station 1002 Co. Rd. D Little Canada Y
Util.- Lift Station 216 Co. Rd. B-2 E. Little Canada Y
Util.- Water Meter Station 5 Roselawn Little Canada Y
Util.- Water Tower 517 Little Canada Road Little Canada Y
City of Mounds View
Inst. Name Street Address City Phone I-Net Sub
Bridges Golf Course 2850 82nd Lane NE Blaine Y Y
Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X
Mounds View Community Center 5394 Edgewood Dr. Mounds View Y Y
Mounds View Fire Station Hwy. 10- Mounds View X Y
Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 Y
Util.- Booster Station (Reservoir) 2450 Bronson Drive' Mounds View Y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page s
Inst. Name Street Address City Phone 1-Net Sub
Util.- Lift Station #1 5396 Raymond Ave. Mounds View Y
Util.- Lift Station #2 8251 Groveland Road Mounds View Y
Util.- Well #1 2401 Highway 10 Mounds View Y
Util.- Well #2 2524 Bronson Drive Mounds View Y
Util.- Well #3 2426 Bronson Drive Mounds View Y
Util.- Well #4 2408 Hillview Drive Mounds View Y
Util.- Well #5 5100 Long Lake Road Mounds View Y
Util.- Well #6 7545 Groveland Road Mounds View Y
City of New Brighton
Inst. Name Street Address City Phone 1-Net Sub
Brightwood Hills Golf Course 1975 NW Silver Lake Rd. New Brighton 638-2150 X X
New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X
New'Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X
'New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton Y
New BrightonFamily Service Cntr. 400 NW 10th St. New Brighton 638-2130 X X
Util.- Lift Station 1 (under const.) To Be Assigned New Brighton Y
Util.- Lift Station 2 531 5th Avenue NW New Brighton Y
Util.- Lift Station 3 515 3rd Avenue NW New Brighton Y
Util.- Lift Station 7 650 Cleveland Ave. New Brighton Y
Util.-.Lift Station 8 24 New Brighton Road New Brighton Y
Util.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton Y
Util.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton Y
Util.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton Y
Util.- Well 12 & Iron Removal Plant 2400 Mississippi St. ew Brighton Y
Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton Y
Util.- Well 14 1377 7th Street NW New Brighton Y
Util.- Well 15 590 20th Street NW New Brighton Y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 4
Inst. Name Street Address City Phone I-Net Sub
Well 8 600 Silver Lake Road New Brighton Y
7il.-
il.- Wells 3 & 4 700 Silver Lake Road New Brighton Y
Util.- Wells 5& 6 3001 .5th Street NW New Brighton Y
Util.- Wells 9 2745 5th Street NW New Brighton Y
City of North Oaks
Inst. Name Street Address City Phone I-Net Sub
North-Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X
North Oaks Recreation Center 4 Mink Lane North Oaks X X
City of Roseville
Inst. Name Street Address City Phone I-Net Sub
John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X • Y
Roseville Activity Center 2800 Arona St. Roseville 415-2100 X X
oseville Cedarholm Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y
Roseville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N
Roseville City Hall 2660 Civic Center Dr. Roseville 490-2200 X X
Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X X
Roseville Fire Station 2 2501 N. Fairview Ave. Roseville 636-6763 X X
Roseville Fire Station 3 2335 N. Dale St. Roseville 484-5297 X X
Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 Y Y
Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X
Roseville Ice Arena 2661 Civic Center Dr. Roseville 415-2164 X X
Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X
Roseville Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X
Util.- Booster Station 706 Shryer Ave. Roseville Y
*til.- Elevated Tank 2501 N. Fairview Ave. Roseville Y
til.- Lift Station 635 S. Owasso Blvd Roseville Y
Util.- Lift Station 2980 Galtier Street Roseville Y
Util.- Lift Station. 1610 Co. Rd. C-2 Roseville Y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 5
Inst. Name Street Address City Phone I-Net Sub
Util.- Lift Station 3033 Cleveland Ave. Roseville Y
Util.- Lift Station 435 Wagner Street Roseville Y
Util.- Lift Station 2013 Cohansey Blvd. Roseville Y
Util.- Lift Station 1680 Fernwood Ave. Roseville Y
Util.- Lift Station 3050 Lexington Ave. Roseville Y
Util.- Lift Station 1216 Josephine Road Roseville Y
Util.- Lift Station 3050 Long Lake Road Roseville Y
Util.- Lift Station 1953 Fulham Street Roseville Y
Util.- Lift Station 2050 Walnut Street Roseville Y
Util.- Lift Station 201 Center Street Roseville Y
Util.- Storm Water Pumping Station 2535 N. Victoria St. Roseville Y
Util.- Storm Water Pumping Station 1658 Millwood Ave. Roseville Y
Util.- Storm Water Pumping Station 591 Owasso.Hills Drive Roseville Y
Util.- Storm Water Pumping Station 2340 St: Croix Street Roseville Y
Util.- Storm Water Pumping Station 1999 Fulham Street Roseville Y
City of Shoreview
Inst. Name Street Address City Phone I-Net Sub
Shoreview City Hall /Community 4600N. Victoria St. Shoreview 490-4600 X X
Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 Y Y
Util.- Booster Station 855 Highway 96 Shoreview Y
Util.- Lift Station 4468 Chatsworth Shoreview Y
Util.- Lift Station 3580 Cohansey Shoreview Y
Util.- Lift Station 425 Gramsie Road Shoreview Y
Util.- Lift Station 875 Gramsie Road Shoreview Y
Util.- Lift Station 636 Highway 96 Shoreview Y
Util.- Lift Station 1088 Lake Beach Drive Shoreview Y
Util.- Lift Station 3366 Lexington Ave. Shoreview Y
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
7 til.- Lift Station 4680 Lexington Ave. Shoreview Y
Util.- Lift Station 915 Oak Ridge Shoreview Y
Util.-.Lift Station 3194 West Owasso Blvd. Shoreview. , Y
Util.- Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y
Util.- Lift Station 4338 Reiland Lane Shoreview Y
Util.- Lift Station 4465 Rice Street Shoreview Y
Util.- Lift Station 699 Schifsky Road Shoreview Y
Util.- Lift Station 700 Schifsky Road Shoreview Y
Util.- Lift Station 4307 Snail Lake Blvd. Shoreview Y
Util.- Lift Station 4412 Snail Lake Blvd. Shoreview Y
Util.- Lift Station 512 Suzanne Ave. Shoreview Y
Util.- Lift Station 5024 Turtle Lane East Shoreview Y
til.- Lift Station 3121 Woodbridge Shoreview Y
Util.- Sucker Lake Pump 50 Highway 96 W. Shoreview Y
Util.- Water Tower 745 County Road E Shoreview Y
Util.- Water Tower 5880 Lexington Avenue Shoreview Y
Util.- Well 785 Highway 96 Shoreview Y
Util.- Well 883 Highway 96 Shoreview Y
Util.- Well 4965 Hodgson Road Shoreview Y
Util.- Well 902 Monterey Shoreview Y
Util.- Well 750 Mound Avenue Shoreview Y
Util.- Well 4675 Victoria Street Shoreview Y
City of St. Anthony
Inst. Name Street Address City Phone I-Net Sub
GKAV Liquor Store #1 2900 Pentagon Drive St. Anthony Y
SAV Liquor Warehouse #2 3900 Silver Lake Road St. Anthony Y
St. Anthony City Hall 3301 Silver Lake Rd. St. Anthony 789-88811 X I X
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 7
Inst. Name Street Address City Phone 1-Net Sub
St. Anthony Fire Station 2900 Kenzie Terrace St. Anthony 788-1434 X X
St. Anthony Public Works 3801 Chandler Dr. St. Anthony X X
Util.- Foss,Road Lift 3829 Foss Road St. Anthony Y
Util.- Harding Lift 2700 37th Ave St. Anthony Y
Util.- Water Filtration Plant 3807 Silver Lake Road St. Anthony Y
Util.- Well #5 2920 Silver Lake Road St. Anthony Y
CTV
Inst. Name Street Address City Phone I-Net Sub
Canadian Days Parade-drop Little Canada Rd Little Canada X
CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X
CTV Van 1 2425 Long Lake Rd. New Brighton 783-9334 X
CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X
Lake Owasso Beach - drop ??? N Owasso Bvd. Shoreview X
LC Spooner Park- drop Eli Rd. Little Canada X
NB Parade - drop New Brighton X
RAHS Parking Lot (on B2)- drop Roseville X
Rosefest parade - dropl Lexington Ave. Roseville X
Rosefest parade - drop2 Lexington Ave. Roseville X
Rosetown Legion field-drop W. Co. Rd. C. Little Canada X
Dist 282 - SA/NB Schools
Inst. Name Street Address City Phone I-Net Sub
ISD 282 District Office SA/NB 3303 33rd Ave. NE St. Anthony 706-1000 X X
St. Anthony High School 3303 33rd Ave. NE St. Anthony 706-1100 X X
St. Anthony Middle School 3303 33rd Ave. NE St. Anthony 706-1200 X X
Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 X X
Dist 621 - Mounds View
Inst. Name Street Address City Phone I-Net Sub
Area Learning Center 4182 N. Lexington Ave. Shoreview 482-8203 N X
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page e
Inst. Name Street Address City Phone I-Net Sub
713el Air Elementary School 1800 NW 5th St. New Brighton 633-3521 X . X
Chippewa Middle School 5000 Hodgson Rd. North Oaks 483-6635 X X
Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X
Highview Middle School 2300 NW 7th St. New Brighton 633-8144 X X
Irondale High School 2425 Long Lake Rd. New Brighton 786-5200 X X
ISD 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X
Island Lake Elementary 3555 N. Victoria St. Shoreview 484-5553 X X
Mounds View High School 1900 W. Co. Rd. F Arden Hills 633-4031 X X
Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X
Pike Lake Elementary 2101 NW 14th St. New Brighton 633-7711 X X
Pinewood Elementary 5500 Quincy St. Mounds View 784-4006 X X
Ralph Reeder Center 500 NW 10th St.. New Brighton 636-1910 X X
Snail Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X
S unny Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X
Turtle Lake Elementary 1141 W. Co. Rd. I Shoreview 484-2150 X X
Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X
Dist 623 - Roseville Area
Inst. Name Street Address City Phone I-Net Sub
Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X
Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X
Edgerton Elementary School 1929 Edgerton Street Maplewood 772-2565 X X
Emmet D Willams Elem 955 W. Co. Rd. D Shoreview 482-8624 X X
Fairview Community Center 1910 W. Co. Rd. B Roseville 631-1013 X X
Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X
ISD 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 X X
Little Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X
Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X
EXIEIIBIT B - Continued
North Suburban Area Institutional Connections Page s
Inst. Name Street Address City Phone I-Net Sub
Roseville Area High School 1261 Hwy. 36 Roseville 635-1660 X
Roseville Area Middle Sch 15 E. Co. Rd. B2 Little Canada 482-5280 X X
Guard/Reserves
Inst. Name Street Address City Phone I-Net Sub
Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y
National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X
Hennepin County
Inst. Name Street Address City Phone I-Net Sub
St. Anthony Public Library 12900 NE Pentagon Dr.. St. Anthony 781-1900 X I X
Higher Education
Inst. Name Street Address City Phone 1-Net Sub
Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X
Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 415-5413 X X
Northwestern Col- FB field 3003 Snelling Ave. N. Roseville 631-5100 X
Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X
Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X
U of M - Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X
United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 Y Y
ISP
Inst. Name Street Address City Phone I-Net Sub
Risdahl-Linahan Agency 2475 NW 15th St. New.Brighton 631-1098 X.
T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X
Lake Johanna.Fire Dept.
Inst. Name Street Address City Phone 1-Net Sub
Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 Y X
Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 Y
Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 Y
Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X Ix
EXHIBIT B - Continued
North Suburban Area Institutional Connections Page 10
Inst. Name Street Address City Phone I-Net Sub
Won-Profit
Inst. Name Street Address City Phone I-Net Sub
Northwest Youth & Family Services 3490 Lexington Ave. Shoreview 486-3808 Y I Y
Private Schools
Inst. Name Street Address City Phone I-Net Sub
Concordia Academy 2400 N. Dale St. Roseville 484-8429 X X
Corpus Christi School 2131 N. Fairview Ave. Roseville 639-8888 X
King of Kings School 2330 N. Dale St. Roseville 484-9206 X X
North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X
St. Charles Barromeo 2727 NE Stinson Bvd. St. Anthony 781-2643 X
St. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X
St. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X
4kt. John the Evangelist 2621 McMenemy St. Little Canada 484-2708 X X
St. Odilia School 3495 N. Victory St. Shoreview 484-3364 X
St. Rose of Lima 2072 N. Hamline Ave. Roseville 1645-9389 X X
Ramsey County
Inst. Name Street Address City Phone [-Net Sub
Island Lake.Golf Center Grey Fox Rd. Shoreview Y Y
Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 Y Y
Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X- X
Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View . 784-8829 Y X.
Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 X X
Ramsey Co. Library - Shoreview 4570 N. Victoria St. Shoreview 486-2210 X X
Ramsey Co. Public Works Bldg. 3377 N. Rice St. Shoreview 484-9104 Y X
Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E Shoreview 481-1300 Y Y
Ramsey Co. Women's Detention Kent & Larpenteur Y Y
Shoreview Ice Arena 877 W. Hwy. 96 Shoreview 484-2400 Y Y
EXHIBIT C •
Description of Work Time Frame
Engineering Walkout 0-6 months
Engineering Design 2-8 months
Commerce Permitting Day 75
Fiber Optic Cable and Node Installation 11-16 months
Amplifier Replacement 12-24 months
Passive Equipment Replacement 18-36 months
System Balancing and Proof-of-Performance 36 months
Activation in Phases; Completion By November 30, 2000
EXHIBIT D
•
NORTH SUBURBAN I-NET PERFORMANCE STANDARDS
Upon completion of the I-Net upgrade:
I. 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.
•
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.
CITY OF ST. ANTHONY
•
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
June 23, 1998
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF JUNE 231 1998 H.R.A. AGENDA.
IV. APPROVAL OF MAY 26, 1.998 H.R.A. 'MINUTES..
V. CLAIMS.
A. Consulting Services:
1 . Stuart J. Bonniwell - $2,000.00.
B. Central Park Design:
1 . BRW, Inc. - $889.31 .
C. Comprehensive Plan Update:
1 . BRW, Inc. - $1 ,045.00.
D. Tennis Courts:
• 1 . Carlson Equipment -
a. $101 .18.
b. $303.53.
C. $44.73.
d. $86.27.
2. Crown Fence & Wire Company -
a. $58.85.
b. $428.00.
C. $3,986.00.
3. Griffin Service Station Equipment - $800.00.
4. Midwest Asphalt -
a. $2,479.03.
b. $219.68.
5. T.A. Schifsky and Sons,.Inc. - $34,097.00.
,6. Norsk Concrete Construction - $6,900.00.
7. Marshall Concrete Products -
a. $1,326.82.
b. $318.24.
C. $351 .38.
d. $335.77.
e. $490.40.
f. $500.90.
• g. $584.85.
H.R.A. Meeting Agenda •
June 23, 1998
Page 2
h. $307.49.
i. $543.73.
j. $634.36
k. $634.36.
I. $584.85.
VI. OTHER BUSINESS.
VII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES
3 MAY 26, 1998
4 I. CALL TO ORDER/ROLL CALL. .
5 The meeting was called to order at 9:21 P.M.
6 II. ROLL CALL.
7 Commissioners Present: Chair Ranallo, Vice-Chair Faust, Secretary Marks, and
8 Commissioners Cavanaugh and Thuesen.
9 Also Present: Executive Director Michael Mornson.
10 Commissioners Absent:None.
11 III. APPROVAL OF MAY 26, 1998 HRA AGENDA.
12 Motion by Marks, second by Thuesen to approve the May 26, 1998 HRA Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF MAY 12, 1998 HRA MINUTES.
16 Motion by Marks, second by Thuesen to approve the May 12, 1998 HRA minutes as
presented.
18 Motion carried unanimously.
19 V. PRESENTATION OF CLAIMS.
20 Motion by Marks, second by Faust to approve the following claims:
21 A. Tennis Courts:
22 1. Carlson Equipment:
23 a. In the amount of$38.34 for rental of a vibrator motor.
24 b. In the amount of$272.64 for hi-speed concrete.
25 2. Midwest Asphalt in the amount of$859.26 for 1997 seasonal invoice.
26 3. Marshall Concrete Products, Inc. (15 invoices) in the amount of$6,394.21
27 for miscellaneous.
28 4. Valmont Industries, Inc. in the amount of$1,320.00 for miscellaneous.
29 Motion carried unanimously.
30 VI. PRESENTATION OF HRA'S 1997 AUDIT BY STUART BONNIIWELL.
31 Stuart Bonniwell, Certified Public Accountant presented the City of St. Anthony HRA
32 1997 Audit. He noted there are currently four outstanding bond issues. The first is the
refunding bonds of 1991 which provided financing for the Kenzie Terrace improvement.
The last bond payment of this debt was paid in February of 1998. The bonds from this
35 district have been left open and will be used to fund shortages in other districts. The
Housing and Redevelopment Authority Meeting Minutes
May 26, 1998
Page 2 •
1 second is the refunding bonds for the Walbon District. The third is the bonds for the
2 community center. The fourth is the TIF.related to Apache Plaza.
3 Mr. Bonniwell noted that Chandler and Evergreen were paid back to the developers. The
4 Community Center has funds remaining in the amount of$145,000. The contractor is still
5 due $45,000 and the remainder is for construction of the tennis courts, etc.
6 Marks asked if it would be possible to utilize the audit reports and reconstruct the history
7 of the City's redevelopment and provide a summary of the debt incurred through the
8 entire HRA process. It would also demonstrate the benefits to the City of TIF funding.
9 Mr. Bonniwell stated this could be accomplished.
10 Motion by Marks, second by Faust to approve the 1997 City of St. Anthony HRA Audit
11 as presented by Stuart Bonniwell, Certified Public Accountant.
12 Motion carried unanimously.
13 VII. OTHER BUSINESS.
14 Cavanaugh asked if a tax impact study had been performed.
15 Mornson reported he had worked with Bob Thistle, Springsted, and it was his opinion
16 that a tax impact study was not necessary. This was due to a State Legislative change
17 which allows funds from other districts to be utilized.
18 Cavanaugh asked how time lines for the Kenzie project and the trailer park were
19 established. He asked if these are active projects.
20 Mornson explained that the Council discusses in Work Session format, which areas of the
21 City they would like redeveloped and funds for that are set aside. The City Manager is
22 then directed to pursue that redevelopment. In the Kenzie area there was a case of willing
23 seller/willing buyer. The mobile home owner is not yet willing to sell.
24 . Mayor Ranallo noted that the mobile home owner has to deal with relocation costs and
25 there would also have to be an area for water retention on the site.
26 Cavanaugh suggested that a moratorium be placed on the mobile homes and that every
27 time a home becomes vacant in the lot,that it be demolished.
28 Mornson noted this is an issue for review at a Work Session.
29 Motion by Cavanaugh, second by Marks to adjourn the meeting at 9:40 P.M. •
Housing and Redevelopment Authority Meeting Minutes
May 26, 1998
• Page 3
1 VIII. ADJOURNMENT.
2 . Motion by Cavanaugh, second by Marks to adjourn the meeting at 9:40 P..M.
3 Motion carried unanimously.
4 Respectfully submitted,
5 Lorri Kopischke
6 Timesaver Off Site Secretarial, Inc.
•
STUART I BONN WELL
• Certified Public Accountant
7101 York Avenue South-Suite 50 Office: (612)921-3325
Minneapolis,MN 55435 The CPA. .nMVakm: Fax: (612)921-3331
June 1, 1998
Mr. Roger A. Larson, Sr.
Finance Director
Housing and Redevelopment Authority of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Professional Services Rendered:
Progress billing in connection with-the-'audit and
preparation of the financial report of the Housing
and Redevelopment Authority of St. Anthony for the
year ended December 31, 1997 $2,000.00
•
BRW
• 1: A DAMES&MOORE GROUP COMPANY
700 THIRD STREET SOUTH, MINNEAPOLIS, MN 55415** (612)370-0700
** INVOICE **
JUNE 5, 1998
MR. MICHAEL MORNSON BRW JOB #4161
CITY MANAGER CITY OF ST. ANTHOY
CITY OF ST. ANTHONY COMPREHENSIVE PLAN
3501 SILVER LAKE ROAD
ST. ANTHONY, MN 55415
PLEASE INCLUDE) ----------------
ON REMITTANCE ) --> INVOICE NUMBER : 267 —04168
ACCOUNT NUMBER 35185-001-267
TAX PAYERS I.D. NO. 41-1625272
--------------------------------------------------------------•------------------
CITY PLANNING
• CITY OF' ST: ANTHONY
PERIOD COVERING 04/25%98 THROUGH 05/29/98 US$ US$
Current JTD Cum
PROFESSIONAL SERVICES RENDERED 889.31 52,610.86
SERVICES•
• PREPARE PERSPECTIVE SKETCHES OF PROPOSED CENTRAL PARK.
• PREPARE FINAL DOCUMENTS AND COMPLETE THE PROJECT,(C FEN7RA` PAZ W-
PROGRESS BILLING
PLEASE REMIT TO:
BRW, INC. , FILE: 54967, LOS ANGELES, CA 90074-4967
THIS INVOICE IS DUE AND PAYABLE UPON PRESENTATION
PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR REMITTANCE
J*
Offices Woddwide
BRW
A DAMES&MOORE GROUP COMPANY •
Thresher Square
700 Third Street South
Minneapolis,Minnesota 55415
5 June 1998 612 370 0700 Tel
612 370 1378 Fax _
.vww.brwinc.corn
Mr. Michael Mornson, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418-1699
Dear Mike,
Enclosed is our latest invoice,which includes only services for the Central Park design. Bob
Kost has now completed his work on the Central Park design, so there will be no more billings
for that contract.
Last month you and other City staff inquired about where we are on our budget, and questioned
whether we were over our limit. My concise answer to that question is no. I believe that we
have approximately$1,000 left on our comprehensive planning budget, which should be more
than enough to complete that work and make prepare 30 final copies in three-ring binders. Thus,
we are right on budget with the comprehensive plan. (Incidentally, I was informed today that the
St. Anthony plan should be approved by the Metropolitan Council in early July. They are asking •
for no changes other than a Council resolution regarding surface water management,which Kim
is working on. So, I am hopeful that wrapping up the comprehensive plan should only entail a
public hearing with the City Council and the copying.)
I have asked my project accountant to assemble a report on the billings for the comprehensive
plan versus the park design. Unfortunately,we combined the two projects under.the
comprehensive plan job number because I thought the park design work would be short and neat,
so we'll have to sort them out manually.
Thank you for your interest in our services. We are pleased to continue our relationship with the
City of St. Anthony.
Sincerely,
BRW,INC.
William Weber,AICP
Senior Associate
WW/dc
Enclosure •
File 35185-001-9901
WWWORKIRD
Offices Woddwide
i
G RW
• + A DAMES&MOORE GROUP COMPANY
700 THIRD STREET SOUTH, MINNEAPOLIS, MN 55415** (612)370-0700
** INVOICE **
MAY 8, 1998
MR. MICHAEL MORNSON BRW JOB #4161
CITY MANAGER CITY OF ST. ANTHOY
CITY OF ST. ANTHONY COMPREHENSIVE PLAN
3501 SILVER LAKE ROAD
ST. ANTHONY, MN 55415
PLEASE INCLUDE) ----------------
ON REMITTANCE ) --> INVOICE NUMBER : 261 —03949
----------------
ACCOUNT NUMBER 35185-001-267
TAX PAYERS I.D. NO. 41-1625272
--------------------------------------------------------------------------------
• CITY PLANNING
CITY OF ST. ANTHONY
ST ANTHONY CITY OF
PERIOD COVERING 03/28/98 THROUGH 04/24/98 US$ US$
Current JTD Cum
PROFESSIONAL SERVICES RENDERED 1,045.00 51,721.55
SERVICES:
* CENTRAL PARK DESIGN:PREPARE FINAL CONCEPT PLAN AND REVIEW IT WITH THE COMMITTEE.
PROGRESS BILLING
PLEASE REMIT TO:
BRW, INC. , FILE: 54967,, LOS ANGELES, CA 90074-4967
-THIS INVOICE IS DUE AND PAYABLE UPON PRESENTATION
• PLEASE RETURN ONE COPY OF THIS INVOICE WITH YOUR REMITTANCE
Offices WoddWde
1::: G11 L.J T F:, 1"1 1::: 1,-I "1" C-, C) 1"1 F:' (.1 11-1 Y
sonRemit to: 1380 WEST COUNTY ROAD C
1380 West County Road C ST . PAUL , NN 5511.3
LqpmCrit Roseville,MN 55113 61-2.-633-8171 USA WATS 800--:367-9161
•CUST NO = 554330 JOB N0 = DATE/TIME OUT 051126/98 12 : 53
F' . 0 . NO DATE/TIME IN 05/27/98 08 = 29
SHIP TO . DATE DUE BACK -05/27/98
ST . ANTHONY , CITY OF ENTERED BY = DEAN ANDERSON
3301 SILVER LAKE ROAD
NI INN EAP0LIS-, 1'1N
5!;418
SOLD TO : INVOICE NU i•�t:5 - 425277
ST . ANTHONY , CITY OF IhIV010E DATE • 05/27/90U
3301 SILVER LAKE ROAD
MINNEAPOLIS , MN BERMS : NET 30 DAYS
tG1S SHIP VIA = b::[LI_ CAL!_
SALESMA^i LO
•
SHP B10
1 1 62-188 1C118 11HP CDNC SA'd W/CAT CONU 58.00
LIPPER S/N: 00728
MTN MET HI. )Y
58.09 .00 100 ;8.00 257.00 774.00
HECiI% OIL OFTEN
i 1 62-007 1 14" D'A"ONO BLADE (1ET) BEG XRS: 601. 37:0
LIP,j S/N EN'O ER-E': 597.
IN 14 T Id
WA
25,00 3.00 00 25.00 71.0; 143.00
En R C It $3.00 /.001' CURED CONI CT. 4.:T CUT ONLY
ORDER COMPLETE
ER ;MONTH ON P:AST: ..DUE. A000UNTS - -
gm r •
REMT.; MERCHANDISE . ....;:... ;;FUEL =T DEPOSIT DELIUEAY,. OISCOL'NT a_TAX " ;PA_Y,.THIS
-- -- -
95.00 :00 00 00 04. 00 6.1B AMOUNT. ..; 101.18:
SIGNATURE .
! ! ! READ TERrIb AND CONDITIONS ON REVERSE ! ! ! -
I--I --I-- C', (:1 1"1 F:1 I'1 I-1 Y
Remit to: 1380 NEST COUNTY ROAD C
1380 West County Road C `>7 F'A U L + rl N 5:I. 13
�1Zf1Pr1t1t
Rosevllle, MN 55113 612 633-8171 USA I.;RTS 80" -367-916'
CUST N0 . 554330 JOB N0 = DATE/TIME OUT ; 05/26/98 10 ; 0S
P . O . NO ; DATE/TIC1E IN ; 05126198 12 ;52
SHIP TO ; DATE DUE BACK _: 05/26/98
ST , A1tiTHONY , CITY OF ENTERED BY DEAN ANDERSON
3301 SILVER LRKE ROnD
h IMMEAFOL.IS , 1-1N
55418
SOLD TO : I M V 0 1 C E 4U1!E:E ; 425155
ST , ANTI-TONY , CITY 01= ihiU DICE CSR i E - 05/26/96
3301 SILVER LAKE ROAD
INNERI'OL_IS , PIN TER`1S = �;>.l 3Ci DAYS
55418 SHIP UI l;1Ti_L_ CALL
SRLES"IAti 40
1.1 F= !-I
PT ON EACH
.•.
1 1 62-152 L.C65MET CONCRETE SA:I 65RP 26°GARD 143.00
"LI"rrtk S/N: 0125950179
1IN MET HR CY' NK 4:1'.I(
143.00 G0 .GO 143.00 509.00 1,539.00
HECK G GrTE1! !
1 1 62-016 24' CIA,"O^!C BLADE (4iI_I 'UEG r;-5. 501.0 :42.0x'
30:0C 7.00 .00 30:04 94:00 297.00
ET S� iNG u:tL.Y-yEDUIRES 5+S.P.M' Or W:^-.TER,
- - # ORDER CONPLETE
1.._5! F-Efi, MONTH ON F AST DUE RCCOUNTS _
- ,.. _.
-.RENT _I'1ERCHANDISE- FUEL _DEP_05I.T_ __DELIVERY .DISCOUNT_ _ .,:==TnX_ .-_PAY_ H.IS
265.00 00 :00 _- -.00 :. -.00 =. .: 00 16.53 AMOUNT 303.53
SIGNATURE = -
! ! . READ It-', S AND CONDITIONS ON REVERSE ! ! !
w L.1 T 1==' i1son Remit to' 1 730 WEST COUNTY ROAD C
1380 West County Road C ST , F'A L�L , ri N :L 1 3
4 (j pmcnt Roseville, MN55113 612--633-$171 USA IiiA T S 800-367-9161
*CUST NO : 554330 JOB NO = DATE/TIME OUT - 0!:%/7.0/98 1.2 ° t1
' . 0 . NO = DATE/TINE IN e 05/21/98 12 = 00
SHIP TO DATE DUE BACK 03/21/98
ST .. ANTFIONY , CITY OF ENTERED E, SF_. 1N C[IX
3301 -SILVER LAKE ROAD
I`llNhlL_AF'.01_IS , MN
55418 .
SOLD TO : I11V010E NUtIBER 424708
ST . ANTHONY . CITY OF INVOICE DATE 05/2:i./90
3301 SILVER LAKE RD'.?D
I`iINhIEAF'OLIS , MN
TER,:; - NET 30 DAYS
F%,418 SHIF' VIA - 14Il_i._ t:,= LL
SP.LESi`1Aiti = G 0
Fti 1H., i-1 "I" fl I... Ft F:: "f" Li Ft 111
ITEM NUMBER DESCRIPTION EACH'.
77 25-114 'Ai.12000 2 H.P. VIBRATOR MOTOR 42.0
ACICER 5/* 715903890
r,TN i ET Ht) - DY w 4.
42.;0 C0 100 42.00 151.00 406.00
U/ 6' SHAT
.. zn
y -
_ .ORDER COMPLETE #
:' ;._.. ;1 . 5% -F'.ER MONTH ON FAST .DUE ACCOUNTS
RE
NT_. _MERCHANDISE FUEL DEPOSIT_: AELIVERY_:_ _DISCOUNT TAX
42.00 00 = 00 00 .00- 00- 2,'73 AMOUNT- :44.73
SIGNATURE =
I ! IREAD. TERMS AND CONDITIONS ON REVERSE ! ! !
C.) 1-1 I::: Q 1.1 :I: F=' 1-1 I::. I-I Y
calson Remit to- 1380 WEST COUNTY ROAD C
1380 West County Road C ST . PAUL , M N 55113
c4pdp1<11CIit Roseville,MN55113 612-633-0171 USA WAIS 800- 367-9161
UST to,O : 554330 JOG NO : DATE/TIME OUT : 05/19/98 07 : 39
. 0 . NO : DATE/TIME IN : O5/19/9E1 15 : 07
SHIP TO : DATE DUE SACK : 05/19/98
ST . ANTHONY , CITY OF ENTERED BY - C . J HYMAN
3301 SILVER I._AKE ROAD
MINNEAPOLIS , .MN
55/Y18
SOLD -fO: INVOICE NUMG'--R : 4241�9O
ST . AN-1"I-IONY , CITY OF INVOICE DATE : O5/19/90
3301 SILVER _AKE. ROAD
MI NNEA11:'OLIS , MN TERMS : NET 30 DAYS
55418 SHIP VIA - ltiIl._!_ CAi_I_
SAt_ES AAN - 40
F;: E:: 1-1 'T' fl I... Ft E:: 'T" Lj F� 1-1
11CMNUMBER DESCRIPTION EACH
1 1 62-188 LC118 11HP CONC SAW W/CAT CONY 56.00
LIP?c9 S/N: 00728
MiN MFT HR DY '+I1; 4k
56.00 .00 ,00 56.00 257.00 774.00
HcEK 0 1 L OATEN
1 1 62 -004 L 14' DIAMUt 1, BLAVIE-A'SPHcLT BEG 490.0 25,00
LIP-ER S/N* END H3S: 490,C
• N T N "ET. Hi UY d� 4a
25.00V 3.00 .00 25.00 71.00 143.00
EAR CHG.r $3,00 / .001' ASPHALT WET-CUTTINS ONLY!
:.. r:.
t
ORDER COMPLETE
.R CO TE
MONTH ON PAST DUET ACCOUNTS,
�.... .,. _ TALC
RENT -MERCHANDISE. .FUEL DEPOSIT:: DELIVERY_ DISCOUtiT: PAY',THIS _
81:00 -00. 00 00_ 00 00 5.27 AMOUNT 86.27
SIGNATU - -
! ! ! READ TERMS AND CONDITIONS ON REVERSE ! ! !
CROWN FENCE &WIRE COMPANY
FYI
1 Qa�OO Q��
CROWN 1200 Central Avenue NE
C" Minneapolis, Minnesota 55413 6466
• '°°'+'°'°~ (612)788-1987- Fax(612)788-2828
SHIPPED TO
St.Anthony Village Pick up
Public Works Department
3301 Silver Lake Road
St.Anthony, Minnesota 55418
L I L J
INVOICE DATE DATE SHIPPED OUR ORDER NO. YO R RDER NO. TERMS F.O.B. SALESPERSON SHIPPED VIA
5/20/98 5/20/18 #6466 Markel Net 20 Mpls.. #3120 Pick up
W
i - QUANTITY DESCRIPTION PRICE AMOUNT
0
2 PCs. 2-3/8"OD x 12'6"Std.galv. pipe #252012F $ 27.ro 3 $ 55.26
• Municipal funds- Exempt city tax....
SUM..... $ 55.26
TAX..... 0.065 $ 3.59
TOTAL..... $ 58.85
FORM 14144,RAPIDFORMS,INC.:TO REORDER CALL 800-257-&754 80192
THANK YOU
q.
• -1
DadO�C��
CROWN FENCE & WIRE COMPANY
CROWN
list awls 1200 Central Avenue NE
`°""" Minneapolis, Minnesota 55413
• MENNIAPOMMM (612)788-1987- Fax (612)788-2828 6449- 1
SHIPPED TO
St.Anthony Village Tennis Court Area
Parks& Recreation South of City Hall
3301 Silver Lake Road 3301 Silver Lake Rd.
St.Anthony Village; Minnesota 55418-1699 St.Anthony, Minnesota
L
INVOICE DlkT Q�O� DATE SH E OU9 S7RAFA Np. YOUROO De/EC,IyO. TNPMS F.O.B._ Is.. SALESPERSON SHIPPED
Ouf truck
W UUq�N7T VV VV Gp.7 �O�i4`J 1 L V�1 Trr M
W �RRED f S IPPED = DESCRIPTION - - PRICE - .'-AMOUNT..
D 3 _ _ '. _ _ _ _ _-
ADD TO THIS ORDER:
6 Pcs. 3'OD x 107'standard aelvalllzed p}pr ort _
floor plates-a ichor to slab-•oustomers crew failed to
set posts on or iginal setting...
•
Add to contract price . . . . $ 428.00
FORM 14124.RAPIDFORMS.INC.:TO REORDER CALL 800-257.8354 THANK YOU R0192
E.
o.
CROWN FENCE &WIRE COMPANY
WWI
CROWN 1200 Central Avenue NE
IK
`°'"" Minneapolis, Minnesota 55413
6449
(612)788-1987•Fax(612)788-2828
•
r r SHIPPED TO
St.Anthony Village Tennis court area
Parks&Recreation South of City Hall
3301 Silver Lake Road 3301 Silver Lakek Rd.
St.Anthohy Village, Mn. 55418-1699 St.Anthony Village,Mn.
Urn
L J L J
INVOICE DATE DATE IPP D OUR ORDER NO. YO DER NO. TERMS F.O.B. SALESPERSON SHIPPED VIA
5/5/98 #6449 Lorbeski Net 20 Jobsite #3120 Our truck
_. .
_ ,..: QUANTITY,t _ DESCRIPTION - PRICE AMOUNT
:.:.
9
FURNISH LABOR ONLY: Install customers materials:
1200 Lin. ft. Style OTR 10'high fence
Wre;2"-9 ga.x 120:gals.chain link
Top&bottom rails; 1-5/8"OD std.gals. ipe
Line posts; 2-3/8"OD std. galy. pipe (customer set)
32 Terminals; 3"OD std.galv. pipe(customer set)
8 Walk gates;OTR7'x T opening
6 Elite,square tenn is net posts(customer to set)
•
Total per quote . . . . . $ 3,986.00
FORM 14144,RAPIDFORMS.INC.:TO REORDER CALL 800.257-8354
R0192
THANK YOU
INVOICE
MEMBER Gn ffin Service Station INVOICE NUMBER: 99336
o PE1 F Z612)*�)1/tenti Ittc. INVOICE DATE: 5/2 9/9 8
5 780-6332
•lEUhl EQUIPMENT IM`'C 8834 Xylite,Street NE.
Blaine, MN 55449 Due Date: 6/13/98
Job Location:
City of St . Anthony
3301 Silver Lake Road NE
St . Anthony, MN 55418
Job Completion Date: 5/20/98
CSA 1228 Net 15 Days 1
Auger bases, as directed.
4 .00 5/05 - Bases 40 .00 160 . 00
2 .00 5/07 - Bases 40 .00 80 . 00
12 .00 5/14 - Bases 40 . 00 480 . 00
2 .00 5/20 - Bases 40.00 80 . 00
Subtotal 800 .00
Sales Tax
Total Invoice Amount $800 .00 -
Payment Received 0 .00
S On Discrepancies Must Be Reported Within 15 Days. ® $800 .00
S 15 Days, 1 1/2% Per Month After 30 days.
Check No:
SOUTH PLANT %ORPORATION
S T
1 ml. S. of Hwy.50 on 35W
Lakeville
ST PLANT HALT Invoice 45086
EST PLANT
Industrial Drive
Eden Prairie
934-8514
NORTH PLANT
1400 Hwy.8
New Brighton BOX 5477, HOPKINS, MINNESOTA 55343
636-3707 OFFICE 9378033
F—r INVOICE DATE
City of St. Anthony May 20, 1998
SOLD 3301 Silver Lak eRoad JOB NO.
TO Minneapolis, MN 55418 7680
I GC.t- TERMS
Net 30 Days
DESCRIPTION U/M PRICE PER UNIT AMOUNT
May 11 and May 12, 1998
CL 5 PLUS 470.24 TN $4.95 $2,327.73
Sales Tax $ 151.30
• TOTAL $2,479.03
TOTAL
PLEASE PAY BY INVOICE
P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343
IDWEST PHONE: (612) 937-8033 • FAX: (612) 937-6910
SPHALT
® ORPORATION
OtIV V DOQ�
B i l l To : 7680 Job : 200D
CITY OF ST. ANTHONY SEASONAL
3301 SILVER LAKE ROAD
MINNEAPOLIS, MN 55418
[Invoice: 28b43MB F'1 an t: PLANT 2 - NEW BR I GNTDN F'aq e 1 of 1
roject No Invoice Date Purchase Order Payment Terms
2c=�i�B 05/20/98 NET 30-DAYS
Date Ticket Product U/M Quantity U/Price Trans Other Total
04/28 0407846B CL 5 PLUS TON 5.78 4.95 G.00 0.00 28.61
04/28/28 04t�7857B CL 5 PLUS TON 6.06 4.95 0.Q0 0.0 0 30.Oc i
102b 0407862B CL 5 - PLUS TON 5.83 4.-95 i f.00 0.0 0 28.86
/28 0407870D CL 5 PLUS TON 5 99 4.95 0.00 0.00 29.65
04/28/28 0408032B CL 5 PLUS TON 6. 16 4.95 0.0 0 0.00 30.49
04/28 0408045B CL 5 PLUS TON 5.97 4.95 0.00 0.00 29.55
04/28/28 0408336B CL 5 PLUS TON 5.88 4.95 0.00 0.0 0 29. 11
## # ## Product Total 41 .b7 206.27
aterial Transp . Misc . ' Tax Invoice Amt Receipt Amt Balance Due
$206.27 $0.0 0 $0.00 $13.41 $219.68 $0.00 $219.68
***** INVOICE ***** PAGE: 1
• T.A. SCHIFSKY AND SONS. INC. INVOICE NUMBER: 0016823-IN
2370 HIGHWAY 36
NORTH ST. PAUL, MN 55109 INVOICE DATE: 05/27/98
(612) 777-1313
CITY OF ST ANTHONY
3301 SILVER LAKE RD CUSTOMER P.O. :
MINNEAPOLIS MN 55418
TERMS:
PLEASE PAY BY INVOICE
DESCRIPTION QUANTITY PRICE AMOUNT
--------------------------------------------------------------------------------
RE: TENNIS COURT CONSTRUCTION FOR THE CITY
TIME AND MATERIAL FOR BASE PREPARATION.
LABOR, TRACTOR, ROLLER, LOADER
AND .GRADER. 5.445.,00
• BID PRICE FOR BLACKTOP AS BID. 28,652.00
NET INVOICE: 34.097 .00
FREIGHT: .00
SALES TAB: .00
INVOICE TOTAL: 34.097.00
INVOICE 1115 Osborne Rd. N.E.
Spring Lake Park, MN 55432 .
786-1910
NORSK CONCRETE CONSTRUCTION, INC.
CONCRETE SPECIALIST
DATE:
a
SOLD TO: y �1 PROJECT: '77h
30►
DESCRIPTION AMOUNT
I"" lfaa
DUE UPON RECEIPT OF INVOICE
plip,V1164 pill
2610 Marshall Street N.E.
Minneapolis, Minnesota 55418
Phone: 612089-4303
(( INVOICE )) .
PAGE:. 1
o SAI881 H
L CITY OF ST WTW i TON
D 3381 SILVER LAKE RD P 3301 SILVER LK RD
T ST ANTHONY NN 55418 T ST ANrW
0 0
� • • •
05/08/98 STU 17572 05/08/98 I 3/10 n/30 ELI I X29387
ITEM/DESCRIPTION • •
STONESM WALLST(PE NATURAL. 278.8800 EA 3.15H 858.58
STMESINE CAPSM— NATURAL 100.8800 EA 3.1500 315.80
Stonescape Cornerstone — GREY 8.0080 EA 3AW 29.20
PALLETS OUT 7.8080 EA 19.m 78.00
THAN( YOU FOR YOUR fu INESS!!
• '' ' � NVOICt'TOTAL
78.00 955.76 62.12 .10 .00 238.94 1326.82
FINANCE CHARGE OF 1-1/2% PER MONTH r
(ANNUAL PERCENTAGE RATE OF 18%) WILL _ � .�i�ot��cts, V p/Yl&&
BE CHARGED ON ALL ACCOUNTS OVER 30
DAYS PAST DUE.. �Ot�-P76 aff l� lPi --_
f®r
2610 Marshall Street N.E.
Minneapolis, Minnesota 55418
Phone: 6121789-4303
(( INVOICE ))
PAGE: 1
S SAI001 S
o CITY OF ST ANTHONY H TOM
D 3301 SILVER LW RD p 3301 SILVER LK RD
T ST ANDW HN 55418 T ST ANTM
O O
05/13/98 STU 17677. 05/13/98 I 3/10,n/30 EON I 000'29449
CRIP I• • •
STMM CAPSTK- NATURAL 90.0080 EA 3.1500 283.50
PALLETS MIT 2.M EA 10. 20.00
TMW YOU FOR YOUR NESS!!
INVOIC.EITOTAL :
20.00 226.88 14.74 .88 .0 56.70 318.24 -
• CHARGE
FINANCE E OF 1-1/2% PER MONTH
(ANNUAL PERCENTAGE RATE OF 18%) WILLl(l � !Gl�lCi CQ.^. VP/�ULCPi BE CHARGED ON ALL ACCOUNTS OVER 30
DAYS PAST DUE. 4astffff va&e
Aff
All ,oil/
• e e
2610 Marshall Street N.E.
Minneapolis, Minnesota 55418
Phone: 612/789-4303
ffCREDI .T MEMO ))
PAGEc 1
S SAI001 S
O CITY OF ST ANTHONY H TOM
D 3301 SILVER LAKE RD p 3301 SILVER LK RD
T ST ANTHONY MN 55418 T ST ANTHONY
O O
STU 17678 05/13/98 I 3/10,030 EOM ( 00029459
;�:05/13/98
ONESDR UNICAP NATURAL IN.NN EA 3.1508 315.00
PALLETS WT 2.0000 EA I&M 20.00
THANK YOU FOR YOUR N INESSH
• 1
'
20.0 2200. 16.38 351.38
FINANCE CHARGE OF 1-1/2% PER MONTH
rr -
(ANNUAL PERCENTAGE..RATE OF 18%).WILL .. plc►&� &2,-.VefYllCPi. ._ -_
BE CHARGED ON ALL ACCOUNTS OVER 30 SS
DAYS PAST DUE.. :. .: - _'_ .._ _-_..... -.:.. �Of�_S�t7�� vM10 ...
rq, 11,fill
• ® ® INVOICE
IVOICE NUMBER S37113 ORDER DATE 05/04/1998
USTOMER NAME DEL ADDR:
COUNT NUMBE qC-ITY OF ST ANTHONY 3301 SILVER LAKE RD
SAI001 ST ANTHONY
SLUMP 05. 5 inch USE
TICKET= BATCH PRODUCT ... UNIT,. TAX - ..
TRUCK QTY. DESCRIPTION . 'PRICE RATE TOTAL
3965 6 :42AM 088 3. 00 3500 3/4 6AEA $ 78. 25 5. 07%
3. 00 =IBER MESH MD $ 8. 00 5. 07%
1. 00 BMALL LOAD CHARGE 3 YD $ 60. 00 6. 50%
$ 335. 77
•
Total p ice include non— axable charges, including delivery, o $ 51. 92
TICKETS TOTAL 3. 00 YARDS CONCRETE
,-mew
OCAL TAX $ 0. 00 STATE TAX $ 17. 02 TOTAL TAX $ 17. 02
011mazi1w;
$ 335. 77
lease remit to: Marshall Concrete Products,Inc.
2610 Marshall.Street N.E. Finance charge of 1Yx percent per month(annual percentage rat(
Minneapolis,5 55418 of 18% will be charged on all accounts over 30 days past due.
__ (612)789-4305 - � �
INVOICE
IVOICE NUMBER S37163 ORDER DATE 05/04/1998
USTOMER NAME CITY OF ST ANTHONY DEL ADDR: 3301 SILVER LAKE RD
COUNT NUMBERSA I001 ST ANTHONY
SLUMP 05. 5 inch USE
TICKET BATCH . PRODUCT UNIT ' TAX
NUMBER TIME ' :' TRUCK QTY DESCRIPTION PRICE RATE , TOTAL
4010 11 :39AM 088 5. 00 3500 3/4 6AEA $ 78. 25 5. 07%
5. 00 =IBER MESH MD $ 8. 00 5. 07%
1. 00 3MALL LOAD CHARGE 5 YD $ 35. 00 6. 50%
$ 490. 40
Total p ice include non- axable charges, including delivery, of $ 9 . 87
TICKETS TOTAL 5. 00 YARDS CONCRETE
OCAL TAX $ 0. 00 STATE TAX $ 24. 15 TONAL TAX $ 24. 15
• • $ 490. 40 _
lease remit to: Marshall Concrete Products,Inc.
2610 Marshall Street N.E. Finance charge of 1Y2 percent per month(annual percentage rate
Minneapolis,MN 55418 e
(612)789-4305 of 18/o) will be charged on all accounts over 30 days past due.
® gA
INVOICE
J
JVOICE NUMBER ORDER DATE
USTOMER NAME SAI001 DEL ADDR: ST ANTHONY
CCOUNT NUMBER
M. 10 Inc
SLUMP USE
TICKET BATCH : PRODUCT UNIT• TAX
NUMBER TIME `-°. TRUCK QTY DESCRIPTION PRICE RATE TOTAL
2 J J. 00 M1313 374 J J.
5. 00 IBER MESH MD $ 8. 00 5. 07%
1. 00 3MALL LOAD CHARGE 5 YD $ 35. 00 6. 50%
$ 500. 90
•
Total price include non— axable charges, including delivery, o $ 97. 07
J•
TICKETS TOTAL YARDS CONCRETE
G . J
.00AL TAX STATE TAX TOTAL TAX
J
lease remit to: Marshall Concrete Products,Inc.
2610 Marshall Street N.E. Finance charge of 11/=percent per month(annual percentage nits
Minneapolis,5 55418 of 18% will be charged on all accounts over 30 days past due
(612)789-4305 ) � _
INVOICE
JVOICE NUMBER S37278 ORDER DATE 05/07/1998
:USTOMER NAME CITY OF ST ANTHONY DEL ADDR: 3301 SILVER LAKE RD
,CCOUNT NUMBERSA1001 -ST ANTHONY
SLUMP 05. 5 inch USE
TICKETy BATCH _ PRODUCT_ -UNIT- TAX
. TRUCK QTY DESCRIPTION PRICE': RATE TOTAL
1430 7:31AM 097 6. 50 3500,3/4 6AEA $ 78. 25 5. 07%
6. 00 FIBER MESH MD $ 8. 00 5. 07%
$ 584. 85
Total p ice include non— axable charges, including delivery, 0 $ 122. 46
TICKETS TOTAL 6. 50 YARDS CONCRETE
.00AL TAX $ 0. 00 STATE TAX $ 28. 22 TOTAL TAX $ 28. 22
$ 584. 85
lease remit to: Marshall Concrete Products,Inc.
2610 Marshall Street N.E.
Minneapolis,MN 55418 Finance charge of 1V2 percent per month(annual percentage rat
(612)789-4305 of 18%)will be charged on all accounts over 30 days past due
r.V' 11 a V11
INVOICE
VOICE NUMBER S37286 ORDER DATE 05/07/1998
:USTOMER NAME CITY OF ST ANTHONY DEL ADDR: 3301 SILVER LAKE RD
=OUNT NUMBERSAI001 ST ANTHONY
SLUMP 05. 5 inch USE
TICKET BATCH PRODUCT UNIT. TAX
NUMBER z°3TIME ..-, :,:,. TRUCK OTY. DESCRIPTION` PRICE RATE TOTAL
14266 12:28PM 092 2. 50 4000 3/4 $ 80. 25 5. 07%
2. 00 FIBER MESH MD $ 8. 00 5. 07%
1. 00 SMALL LOAD CHARGE 2 YD $ 75. 00 6. 50%
$ 307. 49
•
Total p ice include non— axable charges, including delivery, o $ 4 . 66
TICKETS TOTAL 2- 50 YARDS CONCRETE
-OCAL TAX $ 0. 00 STATE TAX $ 15. 86 TOTAL TAX $ 15. 86 -
a $ 307. 49
'lease remit to: Marshall Concrete Products,Inc.
2610 Marshall Street N.E. Finance charge of W2 percent per month(annual percentage rat
Minneapolis,MN 55418
(612)789-4305 of 18%)will be charged on all accounts over 30 days past due
INVOICE
!VOICE NUMBER S37518 ORDER DATE 05/14/1998
USTOMER NAME CITY OF ST ANTHONY DEL ADDR: 3301 SILVER LANE RD
COUNT NUMBERSAI001 ST ANTHONY
SLUMP 05. 5 inch USE
TICKET � - 'BATCH PRODUCT UNIT TAX .
NUMBER ,_' . , �..:TIME . `_" TRUCK QTY. 'DESCRIPTION PRICE - RATE - TOTAL
4604 1 :04PM 053 6. 00 3500 3/4 $ 78. 25 5. 07%
6. 00 FIBER MESH MD $ 8. 00 5. 07%
$ 543. 73
•
Total price include non— axable changes, including delivery, of $ 112. 85
TICKETS TOTAL 6. 00 YARDS CONCRETE
OCAL TAX $ 0. 00 STATE TAX $ 26. 23 TOTAL TAX $ .26. 23
a $ 543. 73
'ease remit to: Marshall Concrete Products,Inc. Doi
2610 Marshall Street N.E. Finance charge of 1V2 percent per month(annual percentage rate
Minneapolis,MN 55418
(6121789-4305 of 18%)will be charged on all accounts over 30 days-past due.
• • • INVOICE
VOICE NUMBER ORDER DATE
CITY 0F. 8T .ANTHONY 3301 SILVER LRKIE RD
,USTOMER NAME SAI001 DEL ADDR: ST ANTHONY .
►CCOUNT NUMBER
SLUMP inch USE
TICKET BATCH , PRODUCT UNIT: TAX
NUMBER_',? .-:TIME V:_ _ TRUCK QTY. DESCRIPTION PRICE. RATE TOTAL
14685 7 o 2OAM 088 7.00 3WO 3/4 6AEA $ 78. 25 5. 07%
7.00 FIBER MESH MD f . 8. 00 5.07%
$ 634. 3b
•
Total price include non—taxable charges, including delivery, o $ -13 . 82
to WFO
TICKETS TOTAL YARDS CONCRETE
IF .
_OCAL TAX STATE TAX TOTAL TAX
b.514. 36
'lease remit to: Marshall Concrete Products,Inc.
2610 Minn Marshall Street N.E. Finance charge of 1Ys ercent per month annual percentage rat(
Minneapolis,MN 55418 r9 P P � P 9
(612)789-4305 of 18%)will be charged on all accounts over-30 days past due.
INVOICE
4VOICE NUMBER ORDER DATE
CI I T OF 81 RNTHUNY 3301 UILVER LAKE RD.
USTOMER NAME SAI001 DEL ADDR: ST ANTHONY
CCOUNT NUMBER
SLUMP inch USE
TICKET BATCH r PRODUCT UNIT TAX
NUMBERS Tf'; TIME DESCRIPTION PRICE RATE TOTAL
7.00 FIBER MESH MD >f 8.00 5.07%
$ 634. 36
•
Total price include non— axable charges, including delivery, o >l< 13 .82
TICKETS TOTAL YARDS CONCRETE
.00AL TAX STATE TAX TOTAL TAX -
bj4e 6b
'lease remit to: Marshall Concrete Products,Inc.
2610 Marshall Street
Minn eapolis,MN 55418 8 Finance charge of IV2 percent per month(annual percentage rat(
Minn
(612)7894305 of 18%)will be charged on all accounts over 30 days past due.
• . • • INVOICE
OICE NUMBER 537727 ORDER DATE 05/20/1998
STOMER NAME CITY OF ST ANTHONY DEL ADDR:. 3301 SILVER LAKE RD
3OUNT NUMBERSA1OO1 ST ANTHONY
SLUMP 05. 5 inch USE
ICKET; .i,BATCH, , PRODUCT ? UNIT: °TAX
JMBER -ar..TIME TRUCK :f QTY.' . DESCRIPTION PRICE =RATE - '`TOTAL
X842 12 t 32pM 093 6. 50 3500 3/4 6AEA f 78.25 5.07%
6.00 FIBER MESH MD 8.00 5. 07%
$ 584. 85
•
3tal p ice include n on-rxablel charges, including d livery, o i 12 . 46
jaTICKETS TOTAL 6.50 YARDS CONCRETE
KCAL TAX $ 0.00 STATE TAX $ 28.22 TOTAL TAX 28. 22
s 584. 85
ase remit to: Marshall Concrete Products,Inc. NIZEMEW I
2610 Marshall Street N.E. Finance charge of Wk percent per month(annual percentage rate
Minneapolis,Ao-AiMN 55418 of 18%)will be charged on all accounts over 30 days past due.
19101