HomeMy WebLinkAboutCC PACKET 11102015
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the November 10, 2015, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Presentation by Ramsey County Sheriff Matt Bostrom.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of October 27, 2015, City Council meeting minutes. (pp.1-6)
B. Licenses and Permits. (pp.7)
C. Claims. (pp.9-11)
D. Resolution 15-065 a resolution Approving State of Minnesota Joint Powers Agreement with the
City of St. Anthony for the Use of Systems and Tools Available over the State’s Criminal Justice
Data Communications Network; and the Subscriber Amendment. (pp.13-32)
IV. Public Hearing.
A. Ordinance 2015-06 an ordinance Approving CenturyLink Franchise Agreement. Michael
Bradley, Bradley Hagen & Gullickson, LLC presenting (1st of 3 readings). (pp.33-105)
B. Ordinance 2015-07 an ordinance Setting Sewer, Water and Storm Water Charges for 2016.
Shelly Rueckert, Finance Director presenting (1st of 3 readings). (pp.107-114)
V. Reports from Commission and Staff. None
VI. General Business of Council.
A. Resolution 15-066 a resolution Providing for the Sale of $4,445,000 General Obligation TIF
Refunding Bonds, Series 2015B. Stacie Kvilvang, Ehlers and Associates presenting. (pp.115-
128)
B. Resolution 15-067 a resolution Approving Cooperative Agreement with the City of Minneapolis
for the St. Anthony Treatment and Stormwater Research Facility. Todd Hubmer, City Engineer
presenting. (pp.129-139)
C. Resolution 15-068 a resolution of the Canvass of the 2015 General Municipal Election. Mark
Casey, City Manager presenting. (pp.141)
VI. Reports from City Manager and Council members.
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
November 10, 2015
7:00 p.m.
HRA meeting immediately after
council meeting
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
VII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the
podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
OCTOBER 27, 2015 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Faust; Councilmembers Brever, and Jenson 15
Absent: Councilmembers Gray and Stille 16
Also Present: City Manager Mark Casey, 17
18
19
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20
ITEMS. 21
22
I. APPROVAL OF THE OCTOBER 27, 2015, CITY COUNCIL MEETING AGENDA. 23
24
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve the City 25
Council Meeting Agenda of October 27, 2015. 26
27
Motion carried unanimously. 28
29
II. PROCLAMATIONS AND RECOGNITIONS 30
31
A. Presentation of Nourish 282 by Julie Pierce 32
33
Ms. Julie Pierce, Executive Director of Nourish 282 reviewed Nourish 282 is a local outreach 34
program started with a mission to help families in need throughout the St. Anthony/New 35
Brighton School District (District 282). Nourish 282 has programs serving children within the 36
District, weekend food supplement, Free Winter Store, and gift card supplements. The largest 37
initiative is a partnership with The Sheridan Story, providing free food bags for students to take 38
home on Fridays. They are currently providing more than 50 students with weekend food within 39
all of the schools (Community Services, Wilshire Park, SAMS and SAVHS). All food is non-40
perishable and each bag contains one canned vegetable and fruit, one protein, one ready to serve 41
item and rice, beans or pasta. It only takes $131 to feed one student for the entire school year. 42
The Sheridan Story is a non-profit out of Northeast Minneapolis that partners with community 43
organizations and churches to provide weekend food backs for food insecure students in the 44
metro area. The Sheridan Story is currently serving more than 3,500 students in more than 60 45
metro schools. Ms. Pierce stated 1 in 6 children are hungry with the most being in the suburbs. 46
47
Ms. Pierce stated in addition to the weekend food program, a Free Winter Outerwear Store is 48
hosted. The Free Store took place on Monday, October 12th at Wilshire Park. Families were 49
invited to come and shop from donated jackets, snow pants, boots, etc. This year 25 students 50
1
were outfitted from head-to-toe with warm gear for the winter. Nourish 282 is hoping to provide 1
small grocery gift cards during the holiday break for families enrolled in the weekend food 2
program. 3
4
Nourish 282 is managed by an all-volunteer work force and raises funds from generous and 5
committed community members. They are seeking to create ongoing partnerships with local 6
businesses, churches, and civic groups to help serve the local families in need. They are grateful 7
for the support of the school leadership and local community who understand that when children 8
are helped the future is also shaped. 9
10
Ms. Pierce provided a list of Frequently Asked Questions for Council review. The website is 11
www.nourish282.com 12
13
Councilmember Brever thanked Julie for filling this need in the community and asked if 14
outerwear can still be donated. Ms. Pierce stated they have just wrapped up that program but 15
there are many coat drives starting up. Wilshire Park and the community center are running short 16
of those supplies. 17
18
Councilmember Jenson asked how long Nourish 282 has been in place and Ms. Pierce stated just 19
one year. They are still referring to themselves as a project or a program and hope to obtain their 20
non-profit status within the next few months. Councilmember Jenson asked if this was similar to 21
other programs and Ms. Pierce stated it is a unique program. She stated they are fortunate to be 22
partnered with the Sheridan Story. 23
24
Mayor Faust asked if Ms. Pierce was a teacher at Wilshire and Ms. Pierce stated she is not a 25
teacher but a mom. She has been involved in the community and she is a Minneapolis resident. 26
27
III. CONSENT AGENDA. 28
A. Consider October 13, 2015, City Council meeting minutes 29
B. Licenses and Permits 30
C. Claims 31
32
Motion by Councilmember Jenson seconded by Councilmember Brever, to approve the Consent 33
Agenda items as presented. 34
35
Motion carried unanimously. 36
37
IV. PUBLIC HEARING - NONE. 38
39
V. REPORTS FROM COMMISSION AND STAFF - NONE 40
41
VI. GENERAL BUSINESS OF COUNCIL 42
43
A. Resolution 15-063; a Resolution Authorizing Access and Utility Easement for T-Mobile 44
at St. Anthony Middle School 45
46
City Manager Mark Casey reviewed this item is an Access and Utility Easement for T-Mobile at 47
the location of St. Anthony Middle School. The Easement will allow T-Mobile to provide 48
2
utilities underground versus on top of the building to connect to the antenna facilities at St. 1
Anthony Middle School. A representative from T-Mobile is present at the meeting this evening. 2
3
Mayor Faust stated this seems like a wise thing to put the lines underground rather than above 4
the ground. Mayor Faust asked if a pneumatic gopher would be used and the T-Mobile 5
representative stated he believes that would be used but is not entirely sure. It will be done in the 6
most cost effective quickest way possible. Mayor Faust stated that may not be the way the City 7
wants it done. 8
9
Councilmember Brever asked once the underground work is done will there be a need to go 10
through the high school. Brandon Peterson from T-Mobile stated it will come into the back of the 11
school and run up the backside of the building. 12
13
City Manager Casey stated a City staff person will be watching this project, as there are a lot of 14
utilities in that area to ensure no utilities are hit. 15
16
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve Resolution 17
15-063; a Resolution Authorizing Access and Utility Easement for T-Mobile at St. Anthony 18
Middle School. 19
20
Motion carried unanimously. 21
22
B. Resolution 15-064 a Resolution Ratifying the Pension Benefit for the St. Anthony Village 23
Firefighters Relief Association 24
25
City Manager Casey reviewed the State Auditor’s pension division has contacted the Saint 26
Anthony Village Firefighter’s Relief Association (SAVFR). The pension division is advising 27
SAVFR to seek the City Council’s approval of the 2014 and 2015 benefit increases as voted 28
upon by the Association. The City Council’s last approval of a benefit increase was for the 2013 29
benefit amount $2,800. The SAVFR’s request for Council approval of the 2014 and 2015 30
increases along with a resolution to do so. The pension plan is funded by Fire Relief State Aid, 31
investment earnings and the City of St. Anthony annual contribution of $6,000. 32
33
City Manager Casey stated Ms. Shelly Rueckert attended the Fire Relief Board meetings and 34
Association meetings, which involved the management of the SAVFR Pension plan. The Board 35
uses a defined process to evaluate whether a benefit increase is financially reasonable given 36
certain pension financial factors. The goal of the evaluation process is to maintain a fully funded 37
pension plan; balanced with keeping the benefit amount at a level that is an equitable share of 38
plan assets for retiring members. Councilmember Jenson is also an ex-officio member along with 39
Ms. Rueckert. 40
41
The process resulted in the benefit level being increased to $3,000 and $3,300 in 2014 and 2015 42
respectively. The pension funding levels before and after the increases are as follows: 43
44
Funding % Before Funding % After 45
2014 113.8% $106.7% 46
2015 116.3% $106.5% 47
48
3
Staff recommends City Council’s approval of the benefit levels as voted upon by the 1
Association. 2
3
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve Resolution 4
15-064; a Resolution Ratifying the Pension Benefit for the St. Anthony Village Firefighters 5
Relief Association. 6
7
Motion carried unanimously 8
9
C. GreenCorp Presentation by Kristin Seaman 10
11
City Manager Casey introduced Ms. Kristin Seaman, the City’s Greencorp Member. He noted 12
this is the second Greencorp member the City has had. Greencorp is funded by the Minnesota 13
Pollution Control Agency at no cost to the City. Eleven months of full-time employment are 14
received by the City. 15
16
Ms. Seaman provided a Power Point presentation regarding Minnesota Greencorps Member. She 17
explained what MN Greencorps is, gave an introduction of her background, and reviewed her 18
area of focus. Ms. Seaman’s goal is to contribute to the City’s commitment to sustainability 19
through service and projects. 20
21
Ms. Seaman stated the program is funded through the Americorps program (Federal) and the 22
PCA (State). There are 40 different Greencorps members throughout the State this year. Ms. 23
Seaman will be in St. Anthony working from September 2015 through August 2016. Her area of 24
focus is the storm water track under the green infrastructure track. She has been given flexibility 25
by the City Manager to participate in some other programs in addition. 26
27
Ms. Seaman stated her areas of focus will be City Sustainability, Fix It Clinic and Tech Dump, 28
Updating the City website, rain barrel workshops feedback and improvements, residential rain 29
gardens, spring clean-up day, City bike and pedestrian improvements, and MS4 permitting. She 30
will work with the schools in teaching an ecology club, earth week and volunteerism for the Key 31
Club, K-Kids, Student Council and National Honor Society. She will increase visibility of 32
recycling in schools. She will also work on the Step 4 GreenStep (MPCA Program). Ms. Seaman 33
will network with community members, citizens for sustainability and faith organizations, 34
watershed districts, and multifamily recycling studies. She will participate in training 35
opportunities such as MDS Calculator, Confined Entry Training and Master Water Steward 36
Training. The Sustainability Fair will be held Thursday, November 19, 2015, 5:30 – 8 p.m. at 37
Silverwood Park. She is anxious to learn from the professionals. 38
39
Councilmember Jenson stated he is impressed with the engagement with the schools to plant 40
sustainability issues with the youth. 41
42
Mayor Faust stated being a Commissioner on the Mississippi Water Management Organization 43
for some time he realized they could get through to the residents through the students. Students 44
move onto the next grade level and the science teachers need to be bought into the system. 45
Mayor Faust suggested if some funding is needed the MWMO is a great source for funding 46
especially for new and innovative ways. 47
48
4
Mayor Faust encouraged Ms. Seaman, during her meetings at the school, to discuss with the 1
teachers what they are looking for and ways to leverage some of that money into fostering a 2
program that lives long into the future. Mayor Faust welcomed Ms. Seaman to the City and 3
stated the City is very involved in sustainability of all things. 4
5
D. Third Quarter Goals Update 6
7
City Manager Casey provided an update on the Strategic Initiatives including Environmental 8
Stewardship, Quality Infrastructure, Robust Technology, Quality Housing & Commercial/ 9
Industrial Businesses, Inclusive “Village” and Safe, Sound and Progressive Community. The 10
update included action steps, responsibility, and comments. The next update will be held after 11
the first of the year. 12
13
Mayor Faust stated it appears we have come up with a new list but many of these items are 14
ongoing. Not mentioned was implement organized collection was one of the City’s goals for a 15
long time. Another goal the City has had for a long time is the Fix-It Clinic and the sustainable 16
house remodel project, which is underway. 17
18
Mayor Faust stated he appreciates all of staff’s hard work to do the things that makes this City 19
truly different in terms of being progressive. 20
21
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 22
23
City Manager Casey reported on the Fix It Clinic. There were 55 people that brought 83 items 24
and of those 83 items 64 were fixed (77% rate) and 519 pounds were diverted from the waste 25
stream. There was also a TechDump held and there were 3792 pounds of items that were 26
recycled. 27
28
Mayor Faust commented 519 pounds out of the waste stream was excellent and it is good to see 29
people are being more cautious and re-using items when they can. Those are great things for the 30
community to embrace. 31
32
Councilmember Brever stated last Friday, she attended an Active Living Hennepin County 33
Workshop where Dr. Edward Ellinger spoke. 34
35
Councilmember Jenson stated last night he attended the Fire Department Relief Association’s 36
Monthly Meeting. Last week he had several discussions with the History Committee. They are 37
finding how to best market the book “More Pigs Than People” and are also preparing for their 38
annual meeting. 39
40
Mayor Faust reviewed on October 20 he attended the Chamber of Commerce Monthly Meeting, 41
along with the City Manager. At the meeting, security was discussed in terms of small 42
businesses. 43
44
On October 21, Mayor Faust attended the Minnesota Municipal Beverage Association Regional 45
Meeting and the City is fortunate to have its liquor operations manager and staff. Mike Larson is 46
well respected in that group and the City should be grateful to have him as our liquor manager. 47
5
On October 22, Mayor Faust stated there was a candidate meet and greet put on by the Chamber. 1
Councilmembers Gray and Brever were also in attendance. 2
3
Earlier today, the City Manager and Mayor Faust attended the Association of Advancement of 4
Sustainability in Higher Education Conference where people were talking about sustainability 5
from all over the U.S. and Canada. There were 750 attendees. City Manager Casey and Mayor 6
Faust were on a panel and 40-50 people attended this panel discussion. St. Anthony is held in 7
high regard when it comes to sustainability. 8
9
VIII. COMMUNITY FORUM. 10
11
Mayor Faust invited residents to come forward at this time and address the Council on items that 12
are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. 13
14
IX. INFORMATION AND ANNOUNCEMENTS. 15
16
November 3, 2015, is the election for City Council and School Board. 17
18
X. ADJOURNMENT. 19
20
Mayor Faust adjourned the meeting at 7:45 p.m. 21
22
Respectfully submitted, 23
Debbie Wolfe 24
TimeSaver Off Site Secretarial, Inc. 25
26
27
ATTEST: ________________________________ Mayor 28
City Clerk 29
30
6
Saint Anthony Village
DATE: November 10, 2015 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Crosstown Sign, Ham Lake, MN
Mechanical License:
Aquarius Water Conditioning, Little Canada, MN
Centraire Heating & Air Conditioning, Eden Prairie, MN
Glowing Hearth & Home, Jordan, MN
Soderlin Plumbing, Heating & Air Conditioning, Minneapolis, MN
Residential Rental License:
Applicant: Matt Volkmar
Location: 3104 39th Ave NE
Applicant: Chris Carr
Location: 3042 Old Hwy 8 NE
Applicant: Walter Sentyrz Jr.
Location: 2508 St Anthony Blvd NE
Applicant: Jean Kenney
Location: 3525 Stinson Blvd NE
7
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City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 10/23/2015 - 11/12/2015 Nov 04, 2015 08:28AM
Vendor Number Payee Check Number Check Issue Date Amount
10176 BLUE CROSS BLUE SHIELD 27678 10/23/2015 55,911.46
11798 CENTRAL PENSION FUND LOCAL #49 27679 10/23/2015 2,764.80
10710 ICMA RETIREMENT TRUST 27680 10/23/2015 2,056.00
11813 NCPERS GROUP LIFE INSURANCE 27681 10/23/2015 96.00
12077 SUN LIFE FINANCIAL 27682 10/23/2015 731.00
10054 ALLIANCE MECHANICAL 27683 11/12/2015 3,544.00
10078 AMERICAN WATER WORKS ASSN 27684 11/12/2015 191.00
10081 ANCOM COMMUNICATIONS 27685 11/12/2015 336.00
10092 APACHE GROUP 27686 11/12/2015 1,735.43
1100 ARTISIAN BEER COMPANY 27687 11/12/2015 4,951.79
11969 BARBARA SCHNEIDER FOUNDATION 27688 11/12/2015 150.00
1101 BAUHAUS BREW LABS LLC 27689 11/12/2015 285.00
1013 BELLBOY CORPORATION 27690 11/12/2015 5,526.80
1014 BELLBOY CORPORATION 27691 11/12/2015 274.75
1035 BERNICK'S BEVERAGE & VENDING 27692 11/12/2015 578.10
11883 BIG RIVER GROUP LLC 27693 11/12/2015 1,650.00
12133 BLAINE TIRE & AUTO 27694 11/12/2015 408.88
10185 BOUND TREE MEDICAL LLC 27695 11/12/2015 162.32
8544 BOURGET IMPORTS 27696 11/12/2015 223.46
10187 BOYER TRUCKS, INC.27697 11/12/2015 177.55
10188 BRAKE & EQUIPMENT WAREHOUSE 27698 11/12/2015 219.96
10191 BRAZIL, KIM 27699 11/12/2015 94.61
10197 BRIAN NELSON INSPECTION SVCS 27700 11/12/2015 666.00
11984 BRISKI, TIM 27701 11/12/2015 153.92
10222 C & H SPORT SURFACES INC.27702 11/12/2015 1,940.00
1017 CAPITOL BEVERAGE SALES 27703 11/12/2015 11,305.13
10246 CASEY, MARK 27704 11/12/2015 292.10
1058 CASTLE DANGER BREWERY 27705 11/12/2015 836.52
10254 CENTRAL LOCK & SAFE CO 27706 11/12/2015 20.70
12150 CITY OF NEW BRIGHTON 27707 11/12/2015 14,081.07
10293 CITY OF ROSEVILLE 27708 11/12/2015 8,480.72
10306 CITY WIDE WINDOW SERVICE INC 27709 11/12/2015 240.95
1010 CLEAR RIVER BEVERAGE COMPANYMPANY 27710 11/12/2015 179.78
1021 COCA COLA REFRESHMENTS USA, INC.27711 11/12/2015 676.64
10332 COMPTON'S COMMERCIAL CLNG. INC 27712 11/12/2015 3,578.00
1042 CRYSTAL SPRINGS ICE 27713 11/12/2015 191.16
10438 D ROCK CENTER & SMALL ENG 27714 11/12/2015 87.00
12209 DASH MEDICAL GLOVES 27715 11/12/2015 212.70
10414 DIEGNAU, DANIEL 27716 11/12/2015 42.18
10432 DORSEY & WHITNEY 27717 11/12/2015 2,037.16
10461 EHLERS & ASSOCIATES, INC.27718 11/12/2015 3,800.00
10474 EMERGENCY AUTOMOTIVE TECH, INC 27719 11/12/2015 25.60
1045 EXTREME BEVERAGE 27720 11/12/2015 198.90
10503 FEDERAL LICENSING, INC.27721 11/12/2015 119.00
10522 FIRST-SHRED 27722 11/12/2015 33.00
10526 FLEETPRIDE 27723 11/12/2015 23.13
10550 G & K SERVICES INC 27724 11/12/2015 582.28
10554 GCR TIRES & SERVICE 27725 11/12/2015 32.00
10578 GOPHER STATE ONE CALL 27726 11/12/2015 344.20
1032 GRAPE BEGINNINGS, INC.27727 11/12/2015 535.50
10603 H & L MESABI INC 27728 11/12/2015 2,247.04
10624 HAWKINS, INC 27729 11/12/2015 1,379.45
10631 HEALTH PSYCHOLOGY SOLUTIONS 27730 11/12/2015 1,250.00
9
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 10/23/2015 - 11/12/2015 Nov 04, 2015 08:28AM
Vendor Number Payee Check Number Check Issue Date Amount
10636 HEDBACK, ARENDT & CARLSON PLLC 27731 11/12/2015 3,500.00
1019 HOHENSTEIN'S, INC 27732 11/12/2015 2,672.05
10684 HOME DEPOT CREDIT SERVICES 27733 11/12/2015 69.97
1027 INDEED BREWING COMPANY 27734 11/12/2015 366.00
10727 INLAND TRS PROPERTY MANAGEMENT 27735 11/12/2015 2,620.32
11943 INTERNATIONAL CITY COUNTY MGMT ASSOC 27736 11/12/2015 1,040.00
12105 INTERSTATE ALL BATTERY CENTER 27737 11/12/2015 99.95
1016 JJ TAYLOR DISTRIBUTING 27738 11/12/2015 31,195.81
1004 JOHNSON BROTHERS LIQUOR CO.27739 11/12/2015 23,169.69
1005 JOHNSON BROTHERS LIQUOR COMPANY.27740 11/12/2015 21,714.45
1006 JOHNSON BROTHERS LIQUOR COMPANY.27741 11/12/2015 21,977.69
1044 JOHNSON BROTHERS LIQUOR COMPANY.27742 11/12/2015 27,002.15
10786 KEEPERS, INC.27743 11/12/2015 35.10
12151 LAWSON PRODUCTS 27744 11/12/2015 168.35
10851 LILLIE SUBURBAN NEWSPAPER 27745 11/12/2015 89.70
1022 M. AMUNDSON LLP 27746 11/12/2015 2,830.27
10916 MENARDS LUMBER 27747 11/12/2015 12.88
10931 METROPOLITAN COUNCIL - WASTEWATER 27748 11/12/2015 49,448.42
10937 MIDC ENTERPRISES 27749 11/12/2015 66.00
10939 MIDWAY FORD 27750 11/12/2015 293.90
10940 MIDWEST ASPHALT CORPORATION 27751 11/12/2015 38.76
1053 MILLNER HERITAGE VINEYARDS 27752 11/12/2015 162.00
11965 MINNESOTA POLLUTION CONTROL AGENCY 27753 11/12/2015 55.00
11085 MURPHY'S SERVICE CENTER 27754 11/12/2015 11.80
1051 NEW FRANCE WINE COMPANY 27755 11/12/2015 89.50
12114 NORTH STAR MAINTENANCE & MANAGEMENT 27756 11/12/2015 2,144.00
11163 OFFICE DEPOT 27757 11/12/2015 634.76
12112 OREILLY AUTO PARTS 27758 11/12/2015 100.63
11185 PACE ANALYTICAL SERVICES, INC.27759 11/12/2015 773.50
11186 PAETEC 27760 11/12/2015 146.73
1012 PAUSTIS & SONS 27761 11/12/2015 1,995.82
1001 PHILLIPS WINE & SPIRITS 27762 11/12/2015 5,535.91
1002 PHILLIPS WINE & SPIRITS 27763 11/12/2015 13,418.44
11246 PRAXAIR 27764 11/12/2015 38.05
11343 ROSEDALE CHEVROLET 27765 11/12/2015 75.21
11397 SHARROW LIFTING PRODUCTS 27766 11/12/2015 11.68
11399 SHI INTERNATIONAL CORPORATION.27767 11/12/2015 3,707.00
11408 SIGNATURE CONCEPTS, INC.27768 11/12/2015 1,949.00
1055 SOCIABLE CIDER WERKS 27769 11/12/2015 800.00
1036 SOUTHERN - WCW 27770 11/12/2015 370.56
1026 SOUTHERN LIQUOR 27771 11/12/2015 3,370.06
1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 27772 11/12/2015 4,489.88
1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 27773 11/12/2015 1,845.48
11457 ST ANTHONY VILLAGE CENTER, LLC 27774 11/12/2015 2,081.79
2001 STEEL TOE BREWING 27775 11/12/2015 247.75
11536 TASC 27776 11/12/2015 20.00
11566 TIMESAVER OFF SITE SECRETARIAL 27777 11/12/2015 144.30
11586 TRACY PRINTING 27778 11/12/2015 852.00
1098 TRADITION WINE & SPIRITS 27779 11/12/2015 122.00
11637 UNITED ELECTRIC COMPANY 27780 11/12/2015 123.90
11651 UNIVERSITY OF MINNESOTA 27781 11/12/2015 245.00
11674 VERIZON WIRELESS 27782 11/12/2015 1,493.22
11681 VIKING ELECTRIC SUPPLY INC 27783 11/12/2015 11.94
10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 10/23/2015 - 11/12/2015 Nov 04, 2015 08:28AM
Vendor Number Payee Check Number Check Issue Date Amount
1025 VINOCOPIA 27784 11/12/2015 1,892.02
11704 WASTE MANAGEMENT OF WI-MN 27785 11/12/2015 283.03
1034 WINE COMPANY/THE 27786 11/12/2015 1,702.35
1038 WINE MERCHANTS INC 27787 11/12/2015 8,832.31
11729 WIRELESS WORLD 27788 11/12/2015 48.73
1011 WIRTZ BEVERAGE - (GRIGGS)27789 11/12/2015 15,207.00
1009 WIRTZ BEVERAGE MINNESOTA 27790 11/12/2015 6,041.62
1018 WIRTZ BEVERAGE MINNESOTA 27791 11/12/2015 18,991.22
11731 WITMER PUBLIC SAFETY GRP, INC.27792 11/12/2015 164.97
11738 WSB & ASSOCIATES, INC.27793 11/12/2015 94,670.41
Grand Totals: 520,972.77
11
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12
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: November 10, 2015
Resolution-Approving State of Minnesota Joint Powers Agreement with the City of St. Anthony
for the Use of Systems and Tools Available Over the State’s Criminal Justice Data
Communications Network; and the Subscriber Amendment
Overview:
In front of you this evening is a Joint Powers Agreement, Subscriber Amendment, and Resolution to
approve the City of St. Anthony Police Department’s agreement with the State of Minnesota. This
agreement allows the Police Department the use of the BCA’s systems and tools that are available over
the State’s Criminal Justice Data Communications Network. This agreement is renewed every five
years.
13
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14
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of St. Anthony on behalf of its Police Department ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories
of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to
access these data in support of its official duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA’s systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information
with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
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2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available
at https://app.dps.mn.gov/cjdn.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx.
Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on
Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-
divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s
transaction record meets FBI-CJIS requirements.
When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
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keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to
occur.
If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public
Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept by the Agency. The transaction record must include the individual user who requested access, and the date,
time and content of the request. The transaction record must also include the date, time and content of the response
along with the destination to which the data were sent. The transaction record must be maintained for a minimum of
six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business
day of the BCA’s request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission
of the Court Records delivered through the BCA systems and tools.
2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is
required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based
background check on each vendor employee as well as records of the completion of the security awareness training
that may be relied on by the Agency.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Five Hundred Ten
Dollars ($510.00) or a total annual cost of Two Thousand Forty Dollars ($2,040.00).
Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
The Agency's Authorized Representative is Chief John Ohl, 3301 Silver Lake Road NE, St. Anthony, MN 55418,
(612) 782-3350, or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, their successors in office, or another individual duly authorized.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
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6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA
becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
BCA subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
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Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a
collective bargaining agreement.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s
determination controls.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
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The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY
Name: John Ohl
Signed: ____________________________________________
Title: Police Chief
(with delegated authority)
Date: ______________________________________________
Name: Mark Casey
Signed: ____________________________________________
Title: City Manager
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
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COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by
the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, (“BCA”) and the City of St. Anthony on behalf of its Police Department
(“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through
any legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 102352, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the
Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or
more BCA systems and tools to access and/or submit Court Records to assist the Agency in the
efficient performance of its duties as required or authorized by law or court rule. Court desires to
permit such access and/or submission. This Subscriber Amendment is intended to add Court as a
party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers
Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization
Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the
Court desire to amend the CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in
effect until expiration or termination of the CJDN Subscriber Agreement unless terminated
earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber
Amendment with or without cause by giving written notice to all other parties. The effective
date of the termination shall be thirty days after the other party's receipt of the notice of
termination, unless a later date is specified in the notice. The provisions of sections 5 through 9,
12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as
shall any other provisions which by their nature are intended or expected to survive such
termination. Upon termination, the Subscriber shall perform the responsibilities set forth in
paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall
have the meaning assigned to such term in the CJDN Subscriber Agreement.
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a. “Authorized Court Data Services” means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court
and the BCA.
b. “Court Data Services” means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www.courts.state.mn.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
c. “Court Records” means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. “Court Case Information” means any information in the Court
Records that conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein.
ii. “Court Confidential Case Information” means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules of Public Access and that conveys information about a particular
case or controversy.
iii. “Court Confidential Security and Activation Information” means
any information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. “Court Confidential Information” means any information in the
Court Records that is inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both i) Court
Confidential Case Information; and ii) Court Confidential Security
and Activation Information.
d. “DCA” shall mean the district courts of the state of Minnesota and their
respective staff.
e. “Policies & Notices” means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber’s
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
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f. “Rules of Public Access” means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published from
time to time by the Court entitled Limits on Public Access to Case Records or Limits on
Public Access to Administrative Records, all of which by this reference are made a part of
this Subscriber Amendment. It is the obligation of Subscriber to check from time to time
for updated rules, lists, and tables and be familiar with the contents thereof. It is
contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial
Branch website, for which the current address is www.courts.state.mn.us.
g. “Court” shall mean the State of Minnesota, State Court Administrator's
Office.
h. “Subscriber” shall mean the Agency.
i. “Subscriber Records” means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber
Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one
or more separate requests for Authorized Court Data Services. The BCA is authorized in the
Master Authorization Agreement to process, credential and approve such requests on behalf of
Court and all such requests approved by the BCA are adopted and incorporated herein by this
reference the same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of
the BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a request for termination of an Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Authorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
termination of Authorized Court Data Services, the Subscriber shall perform the
responsibilities set forth in paragraph 7(f) hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s
access to and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section 3, above, and other Court Records
necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services
shall only be used according to the instructions provided in corresponding Policies & Notices or
other materials and only as necessary to assist Subscriber in the efficient performance of
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Subscriber’s duties required or authorized by law or court rule in connection with any civil,
criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or
before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment without prior
notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber’s duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber’s obligations under this Subscriber Amendment.
c. To limit the use of and access to Court Confidential Information to
Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber Amendment, and to advise each individual who is permitted use of
and/or access to any Court Confidential Information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and understands such restrictions. Subscriber shall
keep such acknowledgements on file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean
individuals who are employees of Subscriber or provide services to Subscriber either on a
voluntary basis or as independent contractors with Subscriber.
d. That, without limiting section 1 of this Subscriber Amendment, the
obligations of Subscriber and its bona fide personnel with respect to the confidentiality
and security of Court Confidential Information shall survive the termination of this
Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court
Records. Court reserves the right to make modifications to the Authorized Court Data Services,
Court Data Services Programs, and Court Data Services Databases, and related materials without
notice to Subscriber. These modifications shall be treated in all respects as their previous
counterparts.
a. Court Data Services Programs. Court is the copyright owner and
licensor of the Court Data Services Programs. The combination of ideas, procedures,
processes, systems, logic, coherence and methods of operation embodied within the Court
Data Services Programs, and all information contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user documentation,
and passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and
licensor of the Court Data Services Databases and of all copyrightable aspects and
components thereof. All specifications and information pertaining to the Court Data
Services Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XML Schema, are trade secret information of
Court and its licensors.
c. Marks. Subscriber shall neither have nor claim any right, title, or interest
in or use of any trademark used in connection with Authorized Court Data Services,
including but not limited to the marks “MNCIS” and “Odyssey.”
d. Restrictions on Duplication, Disclosure, and Use. Trade secret
information of Court and its licensors will be treated by Subscriber in the same manner as
Court Confidential Information. In addition, Subscriber will not copy any part of the
Court Data Services Programs or Court Data Services Databases, or reverse engineer or
otherwise attempt to discern the source code of the Court Data Services Programs or
Court Data Services Databases, or use any trademark of Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendment. As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. "Trade secret
information of Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed by Subscriber
without reference to or use of information received from Court or its licensors, or
information which would not qualify as a trade secret under Minnesota law. It will not be
a violation of this section 7, sub-section d, for Subscriber to make up to one copy of
training materials and configuration documentation, if any, for each individual authorized
to access, use, or configure Authorized Court Data Services, solely for its own use in
connection with this Subscriber Amendment. Subscriber will take all steps reasonably
necessary to protect the copyright, trade secret, and trademark rights of Court and its
licensors and Subscriber will advise its bona fide personnel who are permitted access to
25
any of the Court Data Services Programs and Court Data Services Databases, and trade
secret information of Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment.
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, and Subscriber will include in and/or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret information of Court and its
licensors and any documents pertaining thereto, the same copyright and other proprietary
notices as appear on the copies made available to Subscriber by Court directly or through
the BCA, except that copyright notices shall be updated and other proprietary notices
added as may be appropriate.
f. Title; Return. The Court Data Services Programs and Court Data
Services Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, Subscriber shall either: (i) uninstall and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the same and certify in writing to
the Court that the same have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s
licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would
not have an adequate remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary
damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau
of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
26
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS-M -0958.
10. AVAILABILITY. Specific terms of availability shall be established by the
Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the
right to terminate this Subscriber Amendment immediately and/or temporarily suspend
Subscriber’s Authorized Court Data Services in the event the capacity of any host computer
system or legislative appropriation of funds is determined solely by the Court to be insufficient
to meet the computer needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere
in this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber’s
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide
personnel or by means of Subscriber’s equipment or passwords, whether or not
Subscriber has knowledge of or authorizes such access and use. Subscriber shall also
maintain a log identifying all persons to whom Subscriber has disclosed its Court
Confidential Security and Activation Information, such as user ID(s) and password(s),
including the date of such disclosure. Subscriber shall maintain such logs for a minimum
period of six years from the date of disclosure, and shall provide the Court with access to,
and copies of, such logs upon request. The Court may conduct audits of Subscriber’s
logs and use of Authorized Court Data Services and Court Records from time to time.
Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly
provide access by the Court to such logs, the Court may terminate this Subscriber
Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch policies, or other security requirements or laws regulating access
to the Court Records.
d. Minnesota Data Practices Act Applicability. If Subscriber is a
Minnesota Government entity that is subject to the Minnesota Government Data Practices
27
Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not
subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat.
section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court for access to Court
Records provided via the BCA systems and tools under this Subscriber Amendment; (3)
the use of and access to Court Records may be restricted by rules promulgated by the
Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable
restrictions must be followed in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set
forth in applicable Policies & Notices, together with applicable sales, use or other taxes.
Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant
to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined
in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice
Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,
if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not
paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Subscriber
Amendment for the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the
Policies & Notices as provided herein, and the modified fees shall be effective on the date
specified in the Policies & Notices, which shall not be less than thirty days from the publication
of the Policies & Notices. Subscriber shall have the option of accepting such changes or
terminating this Subscriber Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE
IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER
PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA
28
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications
to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement or at such other address of which notice has been given in accordance
herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or
in equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for
failure or delay in the performance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. SEVERABILITY. Every provision of this Subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
29
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05.
Name: _______________________________________
(PRINTED)
Signed:
_______________________________________
Date: ________________________________________
SWIFT Contract No. ___________________________
2. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: John Ohl
Signed:
_______________________________________
Title: Police Chief
(with delegated authority)
Date: ________________________________________
Name: Mark Casey
Signed:
_______________________________________
Title: City Manager
(with delegated authority)
Date: ________________________________________
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with delegated authority)
Date: _____________________________________________
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By: ______________________________________________
Date: _____________________________________________
5. COURTS
Authority granted to Bureau of Criminal Apprehension
Name: ____________________________________________
(PRINTED)
Signed: ___________________________________________
Title: _____________________________________________
(with authorized authority)
Date: _____________________________________________
30
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-065
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENT WITH THE CITY OF ST. ANTHONY FOR THE USE OF SYSTEMS
AND TOOLS AVAILABLE OVER THE STATE’S CRIMINAL JUSTICE DATA
COMUUNICATIONS NETWORK; AND SUBSCRIBER AMENDMENT
WHEREAS, the City of St. Anthony on behalf of its Prosecuting Attorney and Police
Department desires to enter into Joint Powers Agreements with the State of Minnesota,
Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools
available over the State’s criminal justice data communications network for which the City is
eligible. The Joint Powers Agreements further provide the City with the ability to add, modify
and delete connectivity, systems and tools over the five year life of the agreement and obligates
the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City
of St. Anthony on behalf of its Prosecuting Attorney and Police Department, are hereby
approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made
a part of it.
2. That the Police Chief, John Ohl, or his or her successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Mark Casey or
City Manager is appointed as the Authorized Representative’s designee.
3. That the City Attorney, Steve Carlson, or his or her successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also authorized
to sign any subsequent amendment or agreement that may be required by the State of Minnesota
to maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Mark Casey or
City Manager is appointed as the Authorized Representative’s designee.
4. That Jerome O. Faust, the Mayor for the City of St. Anthony, and Mark Casey, the City
Manager, are authorized to sign the State of Minnesota Joint Powers Agreements.
31
Adopted this 10th day of November, 2015.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
32
STAFF MEMO
CenturyLink Cable Franchise
INTRODUCTION
The City is one of nine member cities of the North Suburban Communications Commission (the
“NSCC”). Following the submission of an application for a cable television franchise for each
member city of the NSCC, the above-entitled matter initially came before the NSCC for a public
hearing on Thursday, March 5, 2015, at the NSCC’s Office in Roseville. The public hearing was
held open through Friday, March 13, 2015, for the purpose of allowing additional written public
comments. Following the public hearing, the NSCC’s Executive Director prepared a detailed
report entitled “Staff Report on CenturyLink Cable Franchise Application” (the “Staff Report”).
The NSCC received and filed the Staff Report and directed NSCC staff to negotiate a cable
television franchise with CenturyLink. NSCC staff negotiated a cable television franchise with
CenturyLink and presented it to the NSCC on October 7, 2015. The NSCC adopted a Findings of
Fact and Recommendation on October 7, 2015, which recommended approval of the
negotiated cable television franchise with CenturyLink by each member city. The CenturyLink
Cable Television Franchise is now before the City Council for consideration.
DISCUSSION
Supporting information
On February 20, 2015, the NSCC received a cable franchise application covering each member
city from CenturyLink. Comcast Cable currently has a non-exclusive franchise agreement with
the City, which means the City Council may grant additional franchises to provide cable service
in the City.
A public hearing on the application was held on March 5, 2015, and additional written
comments from the public were accepted through March 13, 2015. Following the public
hearing, staff prepared a Staff Report (“Report”), which recommended that the NSCC receive
and file the Report and direct staff to negotiate a cable franchise with CenturyLink, consistent
with the Report. On April 10, 2015, the NSCC adopted the recommendation. This action did not
approve a franchise.
The NSCC’s outside attorney, Mike Bradley, Bradley Hagen & Gullikson, LLC, in consultation with
NSCC Executive Director, Coralie Wilson, engaged in cable franchise negotiations with
CenturyLink. The attached cable franchise is the product of those negotiations.
In reviewing the CenturyLink cable franchise, there are two primary issues to consider. The first
is whether federal law preempts Minnesota’s 5-Year Build Statute. Minnesota Statues Section
238.084, subdivision 1(m) requires all initial franchises to have a provision that requires a cable
operator build out its cable system at a rate of 50 plant miles per ye ar and that its cable system
be substantially complete within 5 years. As the Report indicated, CenturyLink claims that this
5-Year Build Statute is an unlawful barrier to entry and is preempted by federal law and an FCC
33
2
decision referred to as the 621 Order. The Report also indicated that there is no case law in
Minnesota directly addressing preemption of the 5-Year Build Statute. The Report concluded
that CenturyLink has a good faith basis on its preemption claim and is willing to indemnify the
NSCC and its Member Cities related to any litigation surrounding the grant of a franchise to
CenturyLink. CenturyLink refused to incorporate the language of the 5-Year Build Statute in the
proposed franchise, based on its preemption argument. As described below, the proposed
CenturyLink franchise ordinance has provisions for a reasonable build-out of the City. The
proposed franchise ordinance also has provision for defense and indemnification of the NSCC
and the City regarding this issue.
The next issue is whether the CenturyLink franchise contains a reasonable build-out schedule.
The franchise ordinance recognizes that CenturyLink has already constructed a legacy
communications system throughout the City, which is capable of providing telephone and
internet service. The build-out provisions in the franchise are related to upgrades of the legacy
system to make it capable of providing cable service to all area residents. The proposed
CenturyLink Franchise addresses build-out as follows:
Complete Equitable Build-Out. Goal is to build-out the entire City over 5-year
term, based on market success, with a significant investment targeted to areas
below the median income in the City.
Initial Minimum Build-Out Commitment. 15% of the city over two years.
o CenturyLink must make its best effort to complete the initial deployment
in a shorter period of time.
o Equitable Deployment to households in the City.
o Must include a significant number of households below the medium
income of the City.
o CenturyLink permitted to serve more households than the initial
commitment.
Quarterly Meetings. Starting January 1, 2016, CenturyLink must meet with the
City [and/or City designee at NSCC] and show to the City’s satisfaction:
o Number of households capable of being served and actually se rved.
o Compliance with anti-redlining requirements.
o Maps and documentation “showing exactly where within the City the
Grantee is currently providing cable service.”
Additional Build-Out Based on Market Success. Starting January 1, 2016, the
CenturyLink build-out commitment will increase if its penetration rate is at least
27.5% in the areas that it is offering service.
o Example: If CenturyLink is offering service to 60% of a City and
CenturyLink has penetration of 30% in that area, then the build -out
commitment will increase by 15%, to cover 75% of the City.
o Additional build-out commitment continues until all households are
served.
Line Extension. No initial mandatory line extension, unless CenturyLink becomes
34
3
the dominate cable provider. Then the City decides CenturyLink’s build-out
schedule, including a density requirement that is the same or similar to
Comcast’s density requirement.
The City may consider whether the Initial Minimum Build-Out Commitment of 15% of each
member city over two years is reasonable. CenturyLink claimed in its application that it initially
would be providing service to a greater portion of the City. During negotiations however,
CenturyLink was concerned about having too high a commitment in the franchise ordinance
and that cities in Minnesota and elsewhere would use a greater commitment as a new
standard. CenturyLink refused to increase the Initial Minimum Build -Out Commitment above
15%. However, the provisions related to Quarterly Meetings and Additional Build -Out Based on
Market Success are designed to quicken and increase CenturyLink’s initial Build -Out
Commitment. The franchise also has provisions requiring that residents of each member city
be included in an equitable initial build commitment and that a significant numb er of
households below the medium income of the city also be included in the initial build -out.
CenturyLink must also use its best efforts to complete its initial build faster than two years.
Another issue related to the reasonable build-out is whether the penetration rate triggering
additional build-out is reasonable. CenturyLink claims that it needs a penetration rate of 27.5%
in order to commit to an additional mandatory build in the City. This penetration number is
based on internal CenturyLink return on investment models. Given Comcast’s penetration rate
in the City is around 40-50%, a penetration rate of 27.5% may be difficult to obtain and,
therefore, it is possible that CenturyLink may not be required to build -out more than its initial
commitment.
Economic redlining or “cherry picking” was identified as a concern through the public hearing
process. As the Report noted, cherry picking is prohibited by the Federal Cable Act. See 47
U.S.C. § 541(a)(3). The proposed CenturyLink franchise prohibits cherry picking, identical to the
Comcast franchise. To ensure compliance, CenturyLink has an additional $500 per day
penalty/liquidated damage for violating the build-out and economic redlining provisions of the
Franchise.
The Report also described the State’s level playing field statute, which requires competitive
cable franchises not to be more favorable or less burdensome than an incumbent ’s franchise as
it relates to franchise fees, support of public, educational, and governmental access televisi on
and the area served. CenturyLink is required to pay a franchise fee of 5% of its Gross Revenues
(Identical to Comcast Franchise). The Franchise Area is the entire city (Identical to Comcast
Franchise). The Public, Educational, and Governmental (“PEG”) Access Requirements of the
CenturyLink franchise meet, and in places exceed, Comcast’s franchise commitments.
The CenturyLink PEG commitments are summarized as follows:
Number of Access Channels. CenturyLink will provide 16 Access Channels
(greater overall number of Access Channels than Comcast).
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4
Format of Access Channels. CenturyLink will provide all 16 Access Channels in
HD if the Commission sends them in HD format (Comcast will provide one Access
Channels in HD over time).
Electronic Programming Guide. CenturyLink will have similar requirement as
Comcast.
Channel Placement. CenturyLink will make all Access Channels accessible at
Channel 15 through the “North Suburban Mosaic.” The Access Channels will be
physically located in the 8000s. (Comcast has no mosaic and is required to have
the HD Access Channel located near the broadcast channels).
Public Service Announcements. CenturyLink will allow the Commission to air
PSA’s on non-Access channels during periods of unsold/unused airtime (Exceeds
Comcast’s commitment).
Video On-Demand. CenturyLink will provide 25 hours of VOD per member city
(Exceeds Comcast’s PEG commitment).
PEG Support. CenturyLink will pay a PEG Fee in support of the Access Channels
of $4.15 (This fee is equal to the fee that Comcast currently passes through to its
subscribers in the City).
Overall, the CenturyLink cable franchise is substantially similar to the Comcast cable franchise in
most respects. The following highlights the differences between the two cable franchises:
Term. CenturyLink’s Franchise term is 5 years. Comcast’s term is 15+ years.
Indemnification of the City/NSCC. CenturyLink has an additional indemnification
commitment that Comcast does not have.
Access Channel Commitments. CenturyLink may provide more channels in HD
than Comcast. CenturyLink is providing VOD programming, while Comcast is not
providing any. PEG support may be used for capital and operational support
under the CenturyLink franchise.
Twin Cities Metro PEG Interconnect Network. CenturyLink will provide a
network to allow cities throughout the metro area to share live programming
with one another. We believe this will be the only such network in the country.
Penalties/Liquidated Damages. CenturyLink franchise has additional damages
for violating the Build-Out and Economic Redlining provisions of the franchise
that is not in the Comcast franchise.
Build-Out. CenturyLink Franchise has a reasonable build-out commitment based
on market success. Comcast does not have a build-out provision, as it built-out
the member cities many years ago.
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5
Line Extension. The CenturyLink franchise does not have an immediate line
extension requirement. The Commission will determine a line extension
obligation similar to Comcast’s line extension if CenturyLink obtains a 50%
penetration level in the city. Comcast has a line extension requirement.
Since a cable franchise is granted by ordinance, the City must hold a public hearing on the cable
franchise ordinance. At a following meeting, the City should take action to approve or deny the
proposed franchise ordinance and direct staff to draft findings consistent with its decision.
RECOMMENDATION
That the City (1) Hold a public hearing on the CenturyLink Cable Franchise Ordinance; (2) at a
following Council Meeting, take action on the CenturyLink Cable Franchise Ordinance; and (3)
adopt written findings of fact to support the action taken.
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38
(To appear on CenturyLink letterhead)
October ___, 2015
Mr. Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
Re: Voluntary Commitments
Dear Mr. Bradley:
The purpose of this Letter is to set forth voluntary commitments by Qwest Broadband
Services, Inc. d/b/a CenturyLink (“QBSI”) to the North Suburban Communications Commission
(the “Commission”) and its Member Cities (the “Member Cities”) that are in addition to the
obligations contained in the Franchise Agreement, to be adopted by each Member City and
executed by QBSI (hereinafter the “Franchise”). The items set forth below have been negotiated
in good faith and mutually agreed to by the parties. QBSI agrees that at no time shall it b e
permitted to in any way offset from franchise fee payments owed the City or pass through as a
separate line item on Subscriber bills any costs associated with the voluntary commitments set
forth within.
1. Complimentary Prism Cable Service. This letter will confirm that any City/Member
City/Commission will not need to purchase separate internet service or any equipment in
order to receive complimentary cable service from QBSI as set forth in the Franchise.
The City will be allowed to choose any QBSI converter equipment for its complimentary
equipment.
2. Simulcasting PEG Channels. This letter will confirm that QBSI may simulcast the
City/Member City’s PEG channels in high definition (HD) and standard definition (SD).
QBSI may simulcast the PEG channels in other formats provided from the City/Member
City to QBSI. Simulcasting does not change the number of PEG channels being provided
under each Franchise. For example, if the City is provided nine (9) PEG channels in the
Franchise, QBSI may simulcast each of the 9 PEG channels in HD, and SD.
3. Cost Reimbursement. To the extent the Commission’s expenses exceeded the franchise
application fee, QBSI will fully reimburse the City for all of its reasonable costs and
expenses within 60 days of granting the Franchise.
4. Twin Cities Metro PEG Interconnect. The Commission and each Member City shall
have the right to fully participate in the Twin Cities Metro PEG Interconnect, which will
allow participants to share (send and receive) live PEG programming with one another
provided the other City has agreed with QBSI to share its PEG programming.
39
Mr. Michael R. Bradley
October ____, 2015
Page 2 of 2
5. Complimentary broadband service to a City facility location. Within 90 days of
executing the Franchise, QBSI shall make available complimentary commercial grade
Wi-Fi enabled internet service and associated equipment at the highest speed available by
Grantee to one public location (such as a community center) within each Member City.
The Member City and/or the Commission shall determine the location in consultation
with QBSI. QBSI shall have the option of co-branding the free public Wi-Fi with the
City at said location. The Wi-Fi equipment shall be capable of providing Wi-Fi to the the
primary community meeting area of the Member City location. The service level quality
shall be as provided to commercial customers and this commitment shall remain in place
throughout the term of the Franchise.
The parties understand that voluntary commitments listed above supplement other obligations
contained in the Franchise.
Enforcement of the terms of this Letter of Agreement shall be consistent with the enforcement
procedures set forth in the Franchise. CenturyLink stipulates that a violation of these terms by
CenturyLink may be considered by the City as a violation of the Franchise and shall subject
CenturyLink to all remedies available to the City under the Franchise and pursuant to applicable
law.
Acknowledged and agreed to this ___ day of October, 2015.
Qwest Broadband Services, Inc.
By:
Its:
40
CITY OF ST. ANTHONY, MINNESOTA
In Re: CenturyLink Cable Franchise FINDINGS OF FACT
Application
The City is one of nine member cities of the North Suburban Communications
Commission (the “NSCC”). Following the submission of an application for a cable television
franchise for each member city of the NSCC, the above-entitled matter initially came before the
NSCC for a public hearing on Thursday, March 5, 2015, at the NSCC’s Office located at 2670
Arthur Street, Roseville, MN 55113. Said public hearing was held open through Friday, March
13, 2015, for the purpose of allowing additional written public comments. Following the public
hearing, the NSCC’s Executive Director prepared a detailed report entitled “Staff Report on
CenturyLink Cable Franchise Application” (the “Staff Report”). The NSCC received and filed
the Staff Report and directed NSCC staff to a negotiate cable television franchise with
CenturyLink.
The City, in furtherance of its obligations as a steward on behalf of consumers in the
City, desires to promote competition in the delivery of cable services and to encourage the
deployment of state-of-the-art broadband networks in the hope that true and effective
competition between cable service providers will increase the availability and quality of cable
services, spur the development of new technologies, improve customer service, minimize rate
increases and generally benefit consumers of the City.
The City also recognizes that any facilities based, second cable entrant is in a different
position than the incumbent cable provider because the second entrant faces a significant, up
front capital investment prior to having the opportunity to compete for its first customer. It is
beneficial to attract and retain second entrants because of the investment made in the community
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and the creation of new jobs, as well as the benefits to consumers by having a cable service
competitor in the City. Adoption of this Franchise is, in the judgment of the City Council, in the
best interests of the City and its residents.
Having held a public hearing on the cable franchise application (via the NSCC) and
having reviewed the negotiated cable franchise with CenturyLink, the City now makes the
following findings:
FINDINGS OF FACT
1. The City has the authority to grant cable television franchises to cable service
providers, pursuant to applicable law. See Minn. Stat. § 238.08, Subd. 1(a); and
Cable Office Report, § 4.
2. In January, 2015, the NSCC published a Notice of Intent to Franchise in a
newspaper of general circulation of the City. See Staff Report, § 1.
3. CenturyLink submitted a cable franchise application (the “Application”) on
February 20, 2015. See Staff Report, § 1.
4. The NSCC held a public hearing on the Application on March 5, 2015, and left
the public hearing open until March 13, 2015, for the purpose of receiving
additional written comments from the public. See Staff Report, Executive
Summary and § 1.
5. Following the public hearing, the NSCC’s Executive Director prepared a “Staff
Report on CenturyLink Cable Franchise Application” (the “Staff Report) dated
April 9, 2015. The Staff Report is incorporated herein by Reference.
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6. The Staff Report was received and filed by the NSCC on or about April 10, 2015,
and the NSCC directed NSCC staff to negotiate a cable television franchise with
CenturyLink.
7. NSCC staff negotiated a cable television franchise with CenturyLink and
presented it to the NSCC on October 7, 2015.
8. The NSCC adopted a Findings of Fact and Recommendation on October 7, 2015,
which recommended approval of the negotiated cable television franchise with
CenturyLink by each member city.
9. The City held a public hearing on the CenturyLink Cable Television Franchise
Ordinance on November 10, 2015.
10. The impact of competition and the challenges to a new cable operator, like
CenturyLink, are identified in the Staff Report. See Staff Report, § 2.
11. The applicable federal, state and local legal cable franchising requirements,
including the application requirements, are identified in the Staff Report. See
Staff Report, §§ 5 - 8.
12. The Staff Report identified the issues raised by the public, including the
incumbent franchised cable operator, Comcast. See Staff Report, § 9.
13. The NSCC has substantially complied with the state and local cable franchise
application requirements identified in the Staff Report.
14. CenturyLink’s application substantially complied with state and local cable
franchise application requirements identified in the Staff Report.
15. In the cable television franchise, CenturyLink agrees it has constructed a legacy
communications system throughout the City that is capable of providing
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telephone and internet services. CenturyLink represents that it desires to upgrade
its existing legacy communications system and to install certain new facilities and
equipment in the City and intends to operate a cable communications system in
the City. See Staff Report, Exhibits 2 and 3.
16. CenturyLink further represents that upon completion of its cable service headend,
it will be capable of providing cable communications service to a portion of the
City over its existing facilities, but currently has no market penetration in the
cable communications service market in the City. See Staff Report, Exhibits 2
and 3.
17. The NSCC reviewed CenturyLink’s franchise application, published a notice of
intent to franchise and held a public hearing all in compliance with applicable
law. See Staff Report, § 1.
18. Comcast of Minnesota, Inc. (“Comcast”), currently holds a non-exclusive
franchise with the City, and, Comcast, through its predecessors in interest, has
continuously held a franchise with the City since 1983. See Staff Report, § 3
19. CenturyLink will be the first facilities based franchised cable operator to compete
against the incumbent provider in the City since the initial cable television
franchise was granted in 1983. See Staff Report, § 3.
20. Section 621(a)(1) of the Cable Television Consumer Protection and Competition
Act of 1992 was amended to provide that “. . .a franchising authority may not
unreasonably refuse to award an additional competitive franchise.” In support of
its mandate, the Conference Report noted that “[W]ithout the presence of another
multichannel video programming distributor, a cable system faces no local
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competition. The result is undue market power for the cable operator as
compared to that of consumers . . . .” See H.R. Conf. Rep. No. 102-862, at 1231
(1992); and 621 Order at ¶ 8.
21. In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of
1984 as amended by the Cable Television Consumer Protection and Competition
Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB
Docket No. 05-311 (Rel. March 5, 2007) (the “621 Order”), the FCC determined,
based on Section 621(a)(1), that it is unlawful for a local franchising authority to
refuse to grant a competitive franchise on the basis of unreasonable build-out
mandates and that such mandates “can have the effect of granting de facto
exclusive franchises, in direct contravention of Section 621(a)(1)’s prohibition of
exclusive cable franchises.” See 621 Order, at ¶ 40; see also, Staff Report, § 7(E).
22. According to the FCC, “[b]ecause a second provider realistically cannot count on
acquiring a share of the market similar to the incumbent’s share, the second
entrant cannot justify a large initial deployment. Rather a new entrant must begin
offering service within a smaller area to determine whether it can reasonably
ensure a return on its investment before expanding.” See Staff Report, § 7(D).
23. In the 621 Order, the FCC found that “new cable competition reduced rates far
more than competition from DBS [Direct Broadcast Satellite]. Specifically, the
presence of a second cable operator in a market results in rates approximately 15
percent lower than in areas without competition.” See also, Staff Report, § 2.
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24. The FCC also found that “competition for delivery of bundled services will
benefit consumers by driving down prices and improving the quality of service
offerings.” See Staff Report, § 2.
25. The FCC has concluded in the 621 Order that “broadband deployment and video
entry are ‘inextricably linked’ and that broadband deployment is not profitable
without the ability to compete with the bundled services that cable companies
provide.” See 621 Order at ¶ 51; see also, Staff Report, §§ 2 and 7.
26. The City must, pursuant to the Federal Cable Act, “allow the applicant’s cable
system a reasonable period of time to become capable of providing service to all
households in the franchise area.” See Staff Report, § 7(A).
27. Minnesota Statutes, Chapter 238, among other things, requires a level playing
field with the incumbent relating to area served (Minn. Stat. § 238.08, Subd. 1(b))
and a mandatory build out requirement within five years in initial cable franchises
(Minn. Stat. § 238.084 Subd. 1(m)(3)). See Staff Report, § 8(A)-(B), and 11(c).
CenturyLink has demonstrated a good faith basis for its position that applicable
federal law preempts these provisions of Chapter 238 because they constitute an
unreasonable barrier to entry. See Staff Report, § 11(c), and Exhibit 3 at ¶¶ 19-
23.
28. CenturyLink claims the fact that these two provisions of the Minnesota Statutes
constitute an unreasonable barrier to entry in the City is evidenced in part by the
fact that there has been no facilities-based competitor since the initial cable
communications franchise was granted. See Staff Report, Exhibit 3 at ¶¶ 19-23.
CenturyLink has agreed to fully defend, indemnify and hold the City and the
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NSCC harmless in the event this cable television franchise agreement is legally
challenged. See Staff Report, § 11(c).
29. The cable television franchise ordinance is substantially similar to the Comcast
cable television franchise, but also addresses a reasonable build-out of the City,
and economic redlining.
30. The reasonable build-out provisions in the cable television franchise satisfy the
state franchise requirement of requiring the cable system to be substantially
complete within five (5) years and the federal franchise requirement of allowing a
new cable service provider a reasonable period of time to become capable of
providing cable service to all households in the franchise area. See Minn. Stat. §
238.084, Subd. 1(m); 47 U.S.C. § 541(a)(4)(A); and Staff Report, §§ 7(A), 7(D)-
7(E), 8(B), and 11(c).
31. The 5-year cable television franchise requires CenturyLink to initially construct
its system to serve fifteen percent (15%) of the City over 2 years. CenturyLink is
required to make its best efforts to complete its initial deployment in less than 2
years and is required to equitably serve households throughout the City, including
a significant number of households below the minimum income of the City.
Quarterly meetings will allow the City and the NSCC to monitor CenturyLink’s
progress and compliance with the cable franchise and, if CenturyLink has market
success, the cable television franchise has provisions to accelerate the
construction of the cable communications system with the goal being complete
coverage of the City by the end of the franchise term.
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32. The state’s cable franchising level playing field statute is satisfied because the
cable television franchise requires (1) CenturyLink to pay the same franchise fee
as Comcast; (2) the same area of coverage as Comcast; and (3) similar, and in
some instances greater, public educational and governmental access requirements.
See Minn. Stat. § 238.08, subd. 1(b); Staff Report, §§ 7(G), 8(A), and 11(d).
33. CenturyLink submitted an application that included a design for a state-of-the-art
cable system that is capable or reliably providing a panoply of cable services to
subscribers as required by the NSCC’s Competitive Franchising Policies and
Procedures. See Staff Report, § 10(3)(b).
34. The City has considered the financial, technical, and legal qualifications of
CenturyLink. See, e.g., Staff Report, § 10(3).
35. CenturyLink has the financial, technical, and legal qualifications to operate a
cable communication system in the City.
36. A CenturyLink cable television franchise will provide a meaningful, distinct
alternative to existing multichannel video programming distributors (including
existing cable, direct broadcast satellite and other companies), will result in
greater consumer choice, is in the public interest for economic development in the
City. See Staff Report, Exhibits 2 and 3. CenturyLink has also promised to
provide additional enhancements to PEG offerings to the City. For example, it
has agreed in the franchise to provide every PEG channel in HD and to allow the
City to share live programming with other cities in the Twin Cities by providing a
Twin Cities Metro PEG Interconnect Network.
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37. Consumers and residents of the City will also benefit from CenturyLink’s
competitive presence because it will drive broader deployment of higher
broadband speeds. See Staff Report, Exhibits 2 and 3
38. CenturyLink has agreed to an initial deployment area, and it will serve additional
areas based upon its market success, as defined in the franchise agreement, which
the FCC has deemed to be a reasonable deployment model. See Staff Report, §
7(E)(b).
39. The City and its citizens will benefit from facilities based competition in the cable
television market. See Staff Report, § 2.
40. All prior actions of the NSCC related to the CenturyLink Cable Franchise
Application are hereby ratified and approved.
Therefore, based on the foregoing, the City Council has determined that it is in the best
interests of the City and its residents to enter in to a cable television franchise
ordinance/agreement with CenturyLink, in the form negotiated by the NSCC and that these
Findings be incorporated therewith.
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CenturyLink Franchise
Michael R. Bradley
Bradley Hagen & Gullikson, LLC
www.BradleyLawMN.com
October/November, 2015
CenturyLink Franchise Process
Notice of Intent to Franchise
CenturyLink Cable Franchise Application
Public Hearing
Staff Report
NSCC Receives and Files Report and Authorizes
Staff to Negotiate Cable Franchise with CenturyLink
•Consistent with Staff Report
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CenturyLink Franchise Process
Cable Franchise Considerations
•Reasonable Build-Out of Each Member City
•Prohibiting Cherry Picking
•Level Playing Field
•Franchise Fees
•PEG Requirements
•Area Served
•Comcast Franchise
Significant Issues
Federal Preemption of Minnesota’s 5-Year Build
Statute
•Good Faith Basis
•Indemnification
Reasonable Build-Out of Each Member City
•Required by the Federal Cable Act
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Reasonable Build-Out of the City
Complete Equitable Build-Out
•Goal is to Build-Out each entire Member City over 5-year
term
•Based on market success
•Significant investment targeted to areas below the median
income in each Member City.
Reasonable Build-Out
Initial Minimum Build-Out Commitment
15% of Each Member City over 2 years.
•CenturyLink must make its best effort to complete the initial
deployment in a shorter period of time.
•Equitable deployment to households in each Member City.
•Must include a significant number of households below the
medium income of each Member City.
•CenturyLink permitted to serve more households.
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Reasonable Build-Out
Quarterly Meetings
•Starting January 1, 2016, CenturyLink must meet with Cable
Officer and show to the City’s satisfaction:
•Number of households capable of being served and actually
served.
•Compliance with anti-redlining requirements.
•Maps and documentation “showing exactly where within the
City the Grantee is currently providing cable service.”
Reasonable Build-Out
Additional Build-Out Based on Market Success.
•Starting January 1, 2016, CenturyLink Build-Out
Commitment will increase if its penetration rate is at least
27.5% in the areas that it is offering service.
•Example: If offering service to 60% of the City and
CenturyLink has penetration of 30% in that area, then the
Build-Out commitment will increase 15% to 75% of the City.
•Additional Build-Out commitment continues until all
households are served.
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Reasonable Build-Out
Line Extension
•No initial mandatory line extension, unless CenturyLink
becomes the dominant cable provider.
•The City will determine a line extension obligation similar to
Comcast’s line extension if CenturyLink obtains a 50%
penetration level in the City.
Economic Redlining or “Cherry
Picking” Prohibited
Cherry Picking is prohibited by the Federal Cable
Act. See 47 U.S.C. § 541(a)(3).
Franchise prohibits Cherry Picking.
CenturyLink has additional $500 per day
penalty/liquidated damage for violating Build-Out and
Economic Redlining provisions.
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Level Playing Field
Franchise Fees
•CenturyLink required to pay a franchise fee of 5% of its
Gross Revenues.
•Identical to Comcast Franchise/Settlement Agreement.
Area Served
•The Franchise Area is the entire City.
•Comparable to Comcast Franchise.
Level Playing Field
PEG Access Requirements
•Number of Access Channels. CenturyLink will provide 16
Access Channels.
•Greater actual number of Access Channels than Comcast.
•Format of Access Channels. CenturyLink will provide all 16
Access Channels in HD if the City sends them in HD format.
•Comcast will provide One Access Channel in HD.
•Electronic Programming Guide. CenturyLink will provide
EPG capability.
•Similar to Comcast.
•Channel Placement. CenturyLink will make all Access
Channels accessible at Channel 15 through the “North
Suburban Mosaic.” The Access Channels will be physically
located in the 8000s.
•Comcast has no mosaic and is required to have all the HD
Access Channels located near the broadcast channels.
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Level Playing Field
PEG Access Requirements
•Public Service Announcements. CenturyLink will allow the
City to air PSA on non-Access channels during periods of
unsold/unused air time.
•Comcast does not provide.
•Video On-Demand. CenturyLink will provide 25 hours of
VOD per Member City for a total of 225 VOD hours.
•Comcast does not provide.
•PEG Support. CenturyLink will pay a PEG Fee in support of
the Access Channels of $4.15.
•Equal to amount of Comcast pass-through.
Twin Cities Metro PEG Interconnect
CenturyLink will construct an Interconnection
Network.
Network will allow PEG Centers throughout the Twin
Cities to share live programming.
•E.g. Local Sports programming
Other Cities Must Have Agreement with CenturyLink
to Access to Network
•Minneapolis and Blaine areas are included.
Unique to the Twin Cities
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Complimentary Broadband
CenturyLink will provide complimentary broadband
to one location within each Member City
•Preferably a Community Center
Each City has Choice of Location
•In consultation with CenturyLink
Commercial Grade Internet
Wi-Fi Enabled
•Equipment provided by CenturyLink
Highest Available Speed at Designated Location
•Possibly 1 GIG
Comparison to Comcast Franchise
Substantially Similar. CenturyLink Franchise and
Comcast Franchise are identical in most respects.
Term. CenturyLink’s Franchise term is 5 years.
Comcast’s term was 15 + Extensions.
Customer Service. Similar to Comcast Franchise.
Indemnification of the City. CenturyLink has an
additional indemnification commitment that Comcast
does not have.
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Comparison to Comcast Franchise
Access Channel Commitments.
•Will provide all PEG Channels in HD
•Provided NSCC sends it in HD
•CenturyLink will Provide 225 hours of VOD programming,
Comcast will not.
•PEG support may be used for capital and operational
support under the CenturyLink Franchise
Cable Service to Public Buildings.
•CenturyLink will provide service and equipment to all
government buildings.
•Basic and Expanded Basic – Prism Essentials
•If within service territory
•Includes all City Halls
Comparison to Comcast Franchise
Penalties/Liquidated Damages.
•Additional damages for violating the Build-Out and
Economic Redlining provisions of the Franchise
•Not in the Comcast Franchise.
Build-Out.
•CenturyLink Franchise has a reasonable build-out
commitment based on market success.
•Comcast does not have a build-out provision,
•It built-out the City many years ago.
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Comparison to Comcast Franchise
Line Extension.
•No immediate line extension requirement.
•The City will determine a line extension obligation similar to
Comcast’s line extension if CenturyLink obtains a 50%
penetration level in the City.
•Comcast does have a line extension requirement.
Twin Cities PEG Interconnect.
•Unique to Twin Cities Market
•Allows program sharing throughout the Twin Cities
•Other Cities must reach agreement with CTL
Complimentary Broadband
Next Steps
Hold Public Hearing on Cable Franchise Ordinance
Act on Cable Franchise Ordinance
•Adopt written Findings of Fact
•Proposed Findings of Fact in Packet
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NOTICE OF A PUBLIC HEARING
The North Suburban Communications Commission (the “Commission”), on behalf of the City of
St. Anthony, Minnesota (the “City”), has reviewed a cable television franchise application from
CenturyLink to provide cable communications service in the City. The Commission has
negotiated and recommended for approval a cable television franchise to the City.
The City, as part of the cable television franchise process, will open a public hearing on
November 10, 2015. The public hearing will commence at 7:00 p.m., or as soon thereafter
as individuals and/or organizations, including CenturyLink, may be heard, at the City Hall
Council Chambers, located at 3301 Silver Lake Road. For directions to the City Council
Chambers or any questions regarding the public hearing, the public may contact Nicole Miller,
City Clerk at 612-782-3313 or Coralie A. Wilson, the Commission’s Executive Director, at 651-
792-7512 or cwilson@ctv15.org.
The purpose of the public hearing is to permit interested persons and organizations to the
opportunity to comment and a reasonable opportunity to be heard on the recommended cable
television franchise for CenturyLink. A copy of the recommended cable television franchise can
be obtained from the City Clerk or from the Commission’s Executive Director.
Nicole Miller
City Clerk
Publication:
St. Anthony Bulletin
October 28, 2015
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62
ORDINANCE NO. 2015-06
CITY OF ST. ANTHONY
CABLE TELEVISION FRANCHISE ORDINANCE
Date: November 10, 2015
Prepared by:
Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
Telephone: (651) 379-0900
E-Mail:mike@bradleylawmn.com
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Table of Contents
STATEMENT OF INTENT AND PURPOSE ............................................................................... 1
SECTION 1. SHORT TITLE AND DEFINITIONS ..................................................................... 1
1. Short Title ............................................................................................................................... 1
2. Definitions............................................................................................................................... 1
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS................................ 5
1. Grant of Franchise................................................................................................................... 5
2. Grant of Nonexclusive Authority............................................................................................ 7
3. Lease or Assignment Prohibited ............................................................................................. 7
4. Franchise Term ....................................................................................................................... 7
5. Compliance with Applicable Laws, Resolutions and Ordinances .......................................... 7
6. Rules of Grantee ..................................................................................................................... 8
7. Territorial Area Involved ........................................................................................................ 9
8. Written Notice ....................................................................................................................... 10
SECTION 3. CONSTRUCTION STANDARDS ........................................................................ 11
1. Registration, Permits and Construction Codes .................................................................. 11
2. Repair of Rights-of-Way and Property .............................................................................. 11
3. Conditions on Right-of-Way Use ...................................................................................... 12
4. Undergrounding of Cable .................................................................................................. 12
5. Installation of Facilities...................................................................................................... 13
6. Safety Requirements .......................................................................................................... 13
SECTION 4. DESIGN PROVISIONS ........................................................................................ 13
1. System Design. .................................................................................................................. 13
2. Interruption of Service ....................................................................................................... 13
3. Technical Standards ........................................................................................................... 14
4. Special Testing ................................................................................................................... 14
5. Drop Testing and Replacement .......................................................................................... 14
6. FCC Reports....................................................................................................................... 14
7. Interconnection .................................................................................................................. 14
8. Nonvoice Return Capability .............................................................................................. 15
9. Lockout Device .................................................................................................................. 15
SECTION 5. SERVICE PROVISIONS ..................................................................................... 15
1. Regulation of Service Rates .................................................................................................. 15
2. Sales Procedures ................................................................................................................... 15
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3. Subscriber Inquiry and Complaint Procedures ..................................................................... 15
4. Subscriber Contracts ............................................................................................................. 16
5. Refund Policy........................................................................................................................ 16
6. Late Fees ............................................................................................................................... 16
7. Office Policy ......................................................................................................................... 17
SECTION 6. ACCESS CHANNEL(S) PROVISIONS ............................................................... 17
1. Public, Educational and Government Access ....................................................................... 17
2. Charges for Use..................................................................................................................... 20
3. Access Rules ......................................................................................................................... 20
4. Access Support...................................................................................................................... 20
5. Regional Channel 6 ............................................................................................................... 20
6. State and Federal Law compliance ....................................................................................... 20
7. Future PEG Funding Obligations.......................................................................................... 20
8. Additional Payments ............................................................................................................. 21
SECTION 7. SERVICES TO CITY ............................................................................................ 21
1. Twin Cities Metro PEG Interconnect Network ................................................................. 21
2. Cable Service to Public Buildings ..................................................................................... 21
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS ................................... 22
1. Administration of Franchise ................................................................................................. 22
2. Delegated Authority .............................................................................................................. 22
3. Franchise Fee ........................................................................................................................ 22
4. Access to Records ................................................................................................................. 24
5. Reports and Maps ................................................................................................................. 24
6. Periodic Evaluation ............................................................................................................... 24
SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS ............................ 25
1. Performance Bond ................................................................................................................ 25
2. Letter of Credit ...................................................................................................................... 26
3. Indemnification of City ......................................................................................................... 28
4. Insurance ............................................................................................................................... 29
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE ................................................................................................................................ 29
1. City's Right to Revoke .......................................................................................................... 29
2. Procedures for Revocation .................................................................................................... 30
3. Abandonment of Service....................................................................................................... 30
4. Removal After Abandonment, Termination or Forfeiture .................................................... 30
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5. Sale or Transfer of Franchise ................................................................................................ 31
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ...................................................... 32
1. Discriminatory Practices Prohibited ..................................................................................... 32
2. Subscriber Privacy ................................................................................................................ 33
SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ....................... 33
1. Unauthorized Connections or Modifications Prohibited ...................................................... 33
2. Removal or Destruction Prohibited ...................................................................................... 33
3. Penalty................................................................................................................................... 34
SECTION 13. MISCELLANEOUS PROVISIONS .................................................................... 34
1. Franchise Renewal ................................................................................................................ 34
2. Work Performed by Others ................................................................................................... 34
3. Amendment of Franchise Ordinance .................................................................................... 34
4. Compliance with Federal, State and Local Laws .................................................................. 34
5. Nonenforcement by City ....................................................................................................... 35
6. Rights Cumulative ................................................................................................................ 35
7. Grantee Acknowledgment of Validity of Franchise ............................................................. 35
8. Force Majeure ....................................................................................................................... 35
SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ........ 35
1. Publication: Effective Date ................................................................................................... 35
2. Acceptance ............................................................................................................................ 36
EXHIBIT A - INDEMNITY AGREEMENT ....................................................................... Ex. A 1
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ORDINANCE NO. 2015-06
AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES,
INC., D/B/A CENTURYLINK, 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
Qwest Broadband Services, Inc., d/b/a CenturyLink (“Grantee”), applied for a cable franchise to
serve the City. The City will adopt separate findings related to the application and the decision
to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The
City intends, by the adoption of this Franchise, to bring about competition in the delivery of
cable services in the City.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
SECTION 1. SHORT TITLE AND DEFINITIONS
1. Short Title. This Franchise Ordinance shall be known and cited as the
CenturyLink Cable Franchise Ordinance.
2. Definitions. For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not inconsistent with
the context, words in the singular number include the plural number. The word “shall” is always
mandatory and not merely directory. The word “may” is directory and discretionary and not
mandatory.
a. “Basic Cable Service” means any service tier which includes the lawful
retransmission of local television broadcast signals and any public, educational,
and governmental access programming required by the Franchise to be carried on
the basic tier. Basic Cable Service as defined herein shall not be inconsistent with
47 U.S.C. § 543(b)(7).
b. “City” means City of St. Anthony, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully appointed
designee.
c. “City Council” means the governing body of the City.
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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.C § 521 et seq., as may be amended from time to time, but
including Institutional Network services. Cable Service shall also include any
video programming service for which a franchise from a local government is
permitted under state law.
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). This definition shall include any
facility that is a “cable system” under federal law or a “cable communications
system” under state law.
f. “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 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.
g. “Commission” means the North Suburban Communications Commission, a
municipal Joint Powers Commission.
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.
l. “Grantee” is Qwest Broadband Services, Inc., d/b/a CenturyLink, its lawful
successors, transferees or assignees.
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m. “Gross Revenues” shall be defined as and shall be construed broadly to include all
revenues derived directly or indirectly by Grantee and/or an Affiliate that is a
cable operator of the Cable System, from the operation of Grantee’s Cable System
to provide Cable Services within the City (including cash, credits, property or
other consideration of any kind or nature). Gross revenues include, by way of
illustration and not limitation: monthly fees for Cable Services, regardless of
whether such Cable Services are provided to residential or commercial customers,
including revenues derived from the provision of all Cable Services (including but
not limited to pay or premium Cable Services, digital Cable Services, pay-per-
view, pay-per-event and video-on-demand Cable Services); installation,
reconnection, downgrade, upgrade or similar charges associated with changes in
subscriber Cable Service levels; fees paid to Grantee for channels designated for
commercial/leased access use; converter, remote control, lockout device and other
Cable Service equipment rentals and/or leases or sales; advertising revenues
received or derived by Grantee and/or its Affiliates, including but not limited to,
rep fees, Affiliate fees, rebates and commissions, but excluding unaffiliated
agency fees; late fees, convenience fees and administrative fees; revenues from
program guides; franchise fees; and commissions from home shopping channels
and other revenue sharing arrangements. Gross Revenues subject to franchise
fees shall include revenues derived from sales of advertising that run on Grantee’s
Cable System within the City and shall be allocated on a pro rata basis using total
Cable Service subscribers reached by the advertising. Additionally, Grantee
agrees that Gross Revenues subject to franchise fees shall include all commissions
paid to third parties associated with sales of advertising on the Cable System
within the City allocated according to this paragraph using total Cable Service
subscribers reached by the advertising. Gross revenues shall not include: actual
bad debt write-offs, provided, however, that all or part of any such actual bad debt
that is written off but subsequently collected shall be included in Gross Revenues
in the period collected; and any taxes on services furnished by Grantee imposed
by any municipality, state or other governmental unit, provided that franchise fees
shall not be regarded as such a tax.
(i) To the extent revenues are received by Grantee for the provision of a
discounted bundle of services which includes Cable Services and non-
Cable Services, Grantee shall calculate revenues to be included in Gross
Revenues using a methodology that allocates revenue on a pro rata basis
when comparing the bundled service price and its components to the sum
of the most recent published rate card rate for the components, except it is
expressly understood that equipment may be subject to inclusion in the
bundled price at full rate card value. This calculation shall be applied to
every bundled service package containing Cable Service from which
Grantee receives or derives revenues in the City, and must be updated
within sixty (60) days of the date any rate change for cable and/or non-
cable services is implemented for a service package containing Cable
Service or the date any rate change is implemented for any service
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included in a service package that contains Cable Service. The NSCC
reserves its right to review and to challenge Grantee’s calculations.
(ii) For purposes of this definition, the term “Affiliates” means any person(s)
and/or entity(ies) who own or control, are owned or controlled by or are
under common ownership or control with Grantee but does not include
affiliated entities that are not directly or indirectly involved with the
programming, use, management, operation, construction, repair and/or
maintenance of Grantee Corporation’s cable systems.
(iii) Resolution of any disputes over the classification of revenue should first
be attempted by agreement of the Parties, but should no resolution be
reached, the Parties agree that reference shall be made to generally
accepted accounting principles (“GAAP”) as promulgated and defined by
the Financial Accounting Standards Board (“FASB”), Emerging Issues
Task Force (“EITF”) and/or the U.S. Securities and Exchange
Commission (“SEC”). Notwithstanding the forgoing, the City and/or the
Commission reserves its right to challenge Grantee’s calculation of Gross
Revenues, including the use or interpretation of GAAP as promulgated
and defined by the FASB, EITF and/or the SEC.
n. “Household” means a distinct address in the Qwest Corporation (“QC”) network
database, whether a residence or small business, subscribing to or being offered
cable service. Grantee represents and warrants that it has access to the QC
network database and shall demonstrate to the City’s reasonable satisfaction how
the data required in Section 2 are calculated and reported using the QC network
database.
o. “Installation” means the connection of the System from feeder cable to the point
of connection with the Subscriber Converter or other terminal equipment.
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. “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.
r. “North Suburban System” means the Cable System located in those municipalities
collectively comprising the North Suburban Cable Commission.
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s. “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.
t. “Person” is any person, firm, partnership, association, corporation, company, or
other legal entity, but does not include the City or Commission.
u. “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.
v. “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.
w. “Set Top Box” means an electronic device (sometimes referred to as a receiver)
which may serve as an interface between a System and a Subscriber’s television
monitor and which may convert signals to a frequency acceptable to a television
monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber
to view all signals of a particular service
x. “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.
a. This Franchise is granted pursuant to the terms and conditions contained herein.
b. Nothing in this Franchise shall be deemed to waive the lawful requirements of
any generally applicable City ordinance existing as of the Effective Date.
c. Each and every term, provision or condition herein is subject to the provisions of
state law, federal law, and local ordinances and regulations. The Municipal Code
of the City, as the same may be amended from time to time, is hereby expressly
incorporated into this Franchise as if fully set out herein by this reference.
Notwithstanding the foregoing, the City may not unilaterally alter the material
rights and obligations of Grantee under this Franchise.
d. This Franchise shall not be interpreted to prevent the City from imposing
additional lawful conditions, including additional compensation conditions for use
of the Rights-of-Way, should Grantee provide service other than cable service.
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e. The parties acknowledge that Grantee intends that Qwest Corporation (“QC”), an
affiliate of Grantee, will be primarily responsible for the construction and
installation of the facilities in the Rights-of-Way, constituting the cable
communications system, which will be utilized by Grantee to provide cable
service. Grantee promises, as a condition of exercising the privileges granted by
this Franchise, that any affiliate of the Grantee, including QC, directly or
indirectly involved in the construction, management, or operation of the cable
communications system will comply with all applicable federal, state and local
laws, rules and regulations regarding the use of the City’s rights of way. The
City agrees that to the extent QC violates any applicable laws, rules and
regulations, the City shall first seek compliance directly from QC. In the event,
the City cannot resolve these violations or disputes with QC, or any other affiliate
of Grantee, then the City may look to Grantee to ensure such compliance. Failure
by Grantee to ensure QC’s or any other affiliate’s compliance with applicable
laws, rules and regulations shall be deemed a material breach of this Franchise by
Grantee. To the extent Grantee constructs and installs facilities in the rights-of-
way, such installation will be subject to the terms and conditions contained herein.
f. No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a
substitute for:
(i) Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the
ordinances and laws of the City;
(ii) Any permit, agreement, or authorization required by the City for Right-of-
Way users in connection with operations on or in Rights-of-Way or public
property including, by way of example and not limitation, street cut
permits; or
(iii) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this
Franchise including, without limitation, permits and agreements for
placing devices on poles, in conduits or in or on other structures.
g. This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Way in which the City has an actual interest. It is not a warranty of title
or interest in any Right-of-Way; it does not provide the Grantee with any interest
in any particular location within the Right-of-Way; and it does not confer rights
other than as expressly provided in the grant hereof.
h. This Franchise does not authorize Grantee to provide telecommunications service,
or to construct, operate or maintain telecommunications facilities. This Franchise
is not a bar to imposition of any lawful conditions on Grantee with respect to
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telecommunications, whether similar, different or the same as the conditions
specified herein. This Franchise does not relieve Grantee of any obligation it may
have to obtain from the City an authorization to provide telecommunications
services, or to construct, operate or maintain telecommunications facilities, or
relieve Grantee of its obligation to comply with any such authorizations that may
be lawfully required.
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 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 five (5) years
from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein
provided.
5. Compliance with Applicable Laws, Resolutions and Ordinances.
a. The terms of this Franchise shall define the contractual rights and obligations of
Grantee with respect to the provision of Cable Service and operation of the
System in City. However, the Grantee shall at all times during the term of this
Franchise be subject to all lawful exercise of the police power, statutory rights,
local ordinance-making authority, and eminent domain rights of City. Except as
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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, Paragraph 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, Paragraph 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, Paragraph 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, Paragraph
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.
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, Paragraph 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, Paragraph 8.
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.
6. 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
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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.
7. 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,
subject Paragraph 7(a) (Reasonable Build-Out of the Entire City) below. 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. .
a. Reasonable Build-Out of the Entire City. The Parties recognize that Grantee, or
its affiliate, has constructed a legacy communications system throughout the City
that is capable of providing voice grade service. The Parties further recognize that
Grantee or its affiliate must expend a significant amount of capital to upgrade its
existing legacy communications system and to construct new facilities to make it
capable of providing cable service. Further, there is no promise of revenues from
cable service to offset these capital costs. The Parties agree that the following is a
reasonable build-out schedule taking into consideration Grantee’s market success
and the requirements of Minnesota state law.
(i) Complete Equitable Build-Out. Grantee aspires to provide cable service
to all households within the City by the end of the initial term of this
Franchise. In addition, Grantee commits that a significant portion of its
investment will be targeted to areas below the median income in the City.
(ii) Initial Minimum Build-Out Commitment. Grantee agrees to be capable of
serving a minimum of fifteen percent (15%) of the City’s households with
cable service during the first two (2) years of the initial Franchise term,
provided, however that Grantee will make its best efforts to complete such
deployment within a shorter period of time. This initial minimum build-
out commitment shall include deployment to households equitably
throughout the City and to a significant number of households below the
medium income in the City. Nothing in this Franchise shall restrict
Grantee from serving additional households in the City with cable service;
(iii) Quarterly Meetings. Commencing January 1, 2016, and continuing
throughout the term of this Franchise, Grantee shall meet quarterly with
the Executive Director of the Commission. At each quarterly meeting,
Grantee shall present information acceptable to the City/Commission (to
the reasonable satisfaction of the City/Commission) showing the number
of households Grantee is presently capable of serving with cable service
and the number of households that Grantee is actually serving with cable
service. Grantee shall also present information acceptable to the
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City/Commission (to the reasonable satisfaction of the City/Commission)
that Grantee is equitably serving all portions of the City in compliance
with this Section 2, Paragraph 7. In order to permit the City/Commission
to monitor and enforce the provisions of this section and other provisions
of this Franchise, the Grantee shall promptly, upon reasonable demand,
show to the City/Commission (to the City/Commission’s reasonable
satisfaction) maps and provide other documentation showing exactly
where within the City the Grantee is currently providing cable service;
(iv) Additional Build-Out Based on Market Success. If, at any quarterly
meeting, Grantee is actually serving twenty seven and one-half percent
(27.5%) of the Households capable of receiving cable service, then
Grantee agrees the minimum build-out commitment shall increase to
include all of the Households then capable of receiving cable service plus
an additional fifteen (15%) of the total households in the City, which
Grantee agrees to serve within two (2) years from the quarterly meeting;
provided, however, the Grantee shall make its best efforts to complete
such deployment within a shorter period of time. For example, if, at a
quarterly meeting with the Commission’s Executive Director, Grantee
shows that it is capable of serving sixty percent of the households in the
City with cable service and is actually serving thirty percent of those
households with cable service, then Grantee will agree to serve an
additional fifteen percent of the total households in the City no later than 2
years after that quarterly meeting (a total of 75% of the total households).
This additional build-out based on market success shall continue until
every household in the City is served;
(v) Line Extension. Grantee shall not have a line extension obligation until
the first date by which Grantee is providing Cable Service to more than
fifty percent (50%) of all subscribers receiving facilities based cable
service from both the Grantee and any other provider(s) of cable service
within the City. At that time, the City/Commission, in its reasonable
discretion and after meeting with Grantee, shall determine the timeframe
to complete deployment to the remaining households in the City, including
a density requirement that is the same or similar to the requirement of the
incumbent franchised cable operator.
8. Written Notice. All notices, reports, or demands required to be given in writing
under this Franchise shall be deemed to be given when delivered personally to any officer of
Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in
the United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, addressed to the party to whom notice is being given, as follows:
If to City: City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, Minnesota 55418
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Attention: City Manager/Administrator
With copies to: North Suburban Cable Communications Commission
2670 Arthur Street
Roseville, Minnesota 55113
And to: Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, Minnesota 55125
If to Grantee: Qwest Broadband Services, Inc., d/b/a CenturyLink
1801 California St., 10th Flr.
Denver, CO 80202
Attn: Public Policy
With copies to: Qwest Broadband Services Inc., d/b/a CenturyLink
200 S. 5th Street, 21st Flr.
Minneapolis, MN 55402
Attn: Public Policy
Such addresses may be changed by either party upon notice to the other party given as provided
in this Section.
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
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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 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
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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.
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 Design.
a. Grantee shall develop, construct and operate a state-of-the-art cable
communications system, constructed in accordance with Section 2, Paragraph
(7)(a).
b. All final programming decisions remain the discretion of Grantee, 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, Paragraph 1(d).
2. Interruption of Service. The Grantee shall interrupt service only for good cause
and for the shortest time possible. Such interruption shall occur during periods of minimum use
of the System. If service is interrupted for a total period of more than forty eight (48) hours in
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any thirty (30) day period, Subscribers shall be credited pro rata for such interruption, upon
request.
3. 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, Sections 76.601 to 76.617, as applicable, as may be
amended or modified from time to time, which regulations are expressly incorporated herein by
reference.
4. 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/Commission may require special testing of a location or locations within the
System if there is a particular matter of controversy or unresolved complaints
regarding 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.
5. Drop Testing and Replacement. The Grantee shall replace, at no separate charge
to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing
the full System capacity at the time a Subscriber upgrades.
6. 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.
7. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St.
Anthony shall continue to be completely interconnected. In addition, Grantee shall make
available for interconnection purposes one (1) channel for forward video purposes, one (1) six
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(6) MHz channel for return video purposes, one (1) channel for forward data or other purposes,
and one (1) channel for return data or other purposes between all Systems adjacent to the North
Suburban System and under common ownership with Grantee. This commitment may be
satisfied through the provision of the Twin Cities Metro PEG Interconnect Network, provided
Grantee agrees to allow all cities adjacent to the North Suburban System to participate.
8. Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
9. Lockout Device. Upon the request of a Subscriber, Grantee shall make available
a Lockout Device at no additional charge to Subscribers.
SECTION 5. SERVICE PROVISIONS
1. Regulation of Service Rates.
a. The City may regulate rates for the provision of Cable Service, equipment, or any
other communications service provided over the System to the extent allowed
under federal or state law(s). City reserves the right to regulate rates for any
future services to the extent permitted by law.
b. 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. 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.
3. 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
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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 calls either at a specific time or, at a maximum, during a four hour time
block during normal business hours. Grantee may also schedule service calls
outside normal business hours for the convenience of customers. Grantee shall
use its best efforts to not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment. If the installer
or technician is late and will not meet the specified appointment time, he/she must
use his/her best efforts to contact the customer and reschedule the appointment at
the sole convenience of the customer. Service call appointments must be met in a
manner consistent with FCC standards.
4. 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.
5. 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.
6. 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.
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7. Office Policy. The Grantee shall install, maintain and operate, throughout the
term of this Franchise, a single staffed payment center with regular business hours in the
Commission Franchise Area at a location agreed upon by the Commission and the Grantee.
Additional payment centers may be installed at other locations. The purpose of the payment
center(s) shall be to receive Subscriber payments. All subscriber remittances at a payment center
shall be posted to Subscribers’ accounts within forty-eight (48) hours of remittance. Subscribers
shall not be charged a late fee or otherwise penalized for any failure by the Grantee to properly
credit a Subscriber for a payment timely made. The Grantee shall, at the request of and at no
delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Set
Top Boxes and remote controls). After consultation with the Commission, the Grantee shall
provide Subscribers with at least sixty (60) days’ prior notice of any change in the location of the
customer service center serving the North Suburban System, which notice shall apprise
Subscribers of the customer service center’s new address, and the date the changeover will take
place.
SECTION 6. ACCESS CHANNEL(S) PROVISIONS
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. Within one hundred twenty (120) days from the Effective Date, the Grantee shall
provide sixteen (16) channels (the “Access Channels”) to be used for PEG access
programming on the basic service tier. The City and Commission have the sole
discretion to designate the use of each Access Channel. Grantee shall provide a
technically reliable path for upstream and downstream transmission of the Access
Channels, which will in no way degrade the technical quality of the Access
Channels, from an agreed upon demarcation point at the Commission’s Master
Control Center at the Commission’s office, and from any other designated Access
providers’ locations, to Grantee’s headend, on which all Access Channels shall be
transported for distribution on Grantee’s subscriber network. The Access
Channels shall be delivered without degradation to subscribers in the technical
format (e.g. HD or SD) as delivered by the Commission and any designated
Access provider to Grantee at each demarcation point at the Commission Office
and at the designated Access providers’ locations.
(1) All of the Access Channels will be made available through a multi-
channel display (i.e. a picture in picture feed) on a single TV screen called
a “mosaic” (the “North Suburban Mosaic”), where a cable subscriber can
access via an interactive video menu one of any of the sixteen Access
Channels. The North Suburban Mosaic will be located on Channel 15.
The sixteen Access Channels will be located at Channels 8010-8025. The
North Suburban Mosaic will contain only Access Channels authorized by
the Commission.
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(2) Grantee will make available to the Commission the ability to place
detailed scheduled Access Channel programming information on the
interactive channel guide by putting the Commission in contact with the
electronic programing guide vendor (“EPG provider”) that provides the
guide service (currently Gracenote). Grantee will be responsible for
providing the designations and instructions necessary to ensure the Access
Channels will appear on the programming guide throughout the City and
any necessary headend costs associated therewith. The Commission shall
be responsible for providing programming information to the EPG
provider.
(3) For purposes of this Franchise, the term channel shall be as commonly
understood and is not any specific bandwidth amount. The signal quality
of the Access Channels shall be the same as the local broadcast channels,
provided such signal quality is delivered to Grantee at the Access
Channels’ respective demarcation points.
(4) Grantee will provide, at no cost to the Commission, air time on non-
Access channels during periods in which ample unsold/unused air time on
such channels exists for City public service announcements (PSAs). The
Commission will provide a 30-second PSA prior to the start of each month
on a mutually agreed-upon schedule.
(5) In the event Grantee makes any change in the Cable System and related
equipment and facilities or in its signal delivery technology, which
requires the City or Commission to obtain new equipment in order to be
compatible with such change for purposes of transport and delivery of the
Access Channels to the Grantee’s headend, Grantee shall, at its own
expense and free of charge to the City, the Commission, or its designated
entities, purchase such equipment as may be necessary to facilitate the
cablecasting of the Access Channels in accordance with the requirements
of the Franchise.
(6) Neither the Grantee nor the officers, directors, or employees of the
Grantee is liable for any penalties or damages arising from programming
content not originating from or produced by the Grantee and shown on any
public access channel, education access channel, government access
channel, leased access channel, or regional channel.
(7) Within one hundred twenty (120) days of a written request from the
Commission, Grantee shall make available as part of Basic Service to all
Subscribers a PEG Access Video-on Demand (PEG-VOD) Service and
maintain a PEG-VOD system. The PEG-VOD system shall be connected
by the Grantee such that:
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(i) Twenty-five (25) hours of programming per member city of the
Commission, or such greater amount as may be mutually agreed to
by the parties, as designated and supplied by the City,
Commission, or its Designated Access Provider to the Grantee may
be electronically transmitted and/or transferred and stored on the
PEG-VOD system; and
(ii) A database of that programming may be efficiently searched and a
program requested and viewed over the PEG-VOD system by any
Subscriber in the City; and
(iii) Programming submitted for placement on the PEG-VOD system,
shall be placed on and available for viewing from the PEG-VOD
system within forty-eight (48) hours of receipt of said
programming;
(iv) The hardware and software described in Subsection (8) below,
shall be in all respects of the same or better technical quality as the
hardware and software utilized by Grantee in the provision of any
other video on demand services offered over the Cable System,
and shall be upgraded at Grantee’s cost, when new hardware or
software is utilized on Grantee’s Cable System for other video on
demand services. Grantee shall provide reasonable technical
assistance to allow for proper use and operation when encoding
hardware or software is installed and/or upgraded at City’s
facilities.
(8) To ensure compatibility and interoperability, the Grantee shall supply and
maintain all necessary hardware and software to encode, transmit and/or
transfer Government Access programming from the City to the PEG-VOD
system. The City shall be responsible for all monitoring of any equipment
provided under this Section, and notifying Grantee of any problems.
Grantee shall provide all technical support and maintenance for the
equipment provided to the City by Grantee under this Section. After
notification of any equipment problems, Grantee shall diagnose and
resolve the problem within forty eight (48) hours. Major repairs which
cannot be repaired within the forty eight (48) hour timeframe shall be
completed within seven (7) days of notice, unless, due to Force Majeure
conditions, a longer time is required. “Major repairs” are those that
require equipment to be specially obtained in order to facilitate the repairs.
The quality of signal and the quality of service obtained by a Subscriber
utilizing the PEG-VOD service shall meet or exceed the quality standards
established for all other programming provided by the Grantee and as
established elsewhere in this Franchise Agreement.
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c. All residential Subscribers who receive all or any part of the total services offered
on the System shall be eligible to receive the Access Channels at no additional
charge. 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.
d. Grantee may not move or otherwise change the channel number or location of any
public or government access or community program channel, including the North
Suburban Mosaic 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. This
paragraph shall not apply to Regional Channel 6.
2. Charges for Use. Channel time and playback of 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 pay a PEG Fee of $4.15/subscriber/month from the
effective date until the franchise renews. Starting with the 2016 calendar year, the City may
elect to increase this fee based on the Consumer Price Index. Any such election must be made
in writing to the Franchisee no later than September 1st prior to the year in which the increase
shall apply. In no event shall the PEG Fee be in an amount different from the incumbent cable
provider. In the event the incumbent recovers from subscribers a higher, or lower, PEG fee,
Grantee will increase, or decrease, its PEG fee upon ninety (90) days written notice from the
City. The PEG fee may be used for operational or capital support of PEG programming.
5. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for
uniform regional channel usage.
6. 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.
7. Future PEG Funding Obligations. Grantee agrees that financial support for PEG
arising from or relating to the obligations set forth in this Section shall in no way modify or
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otherwise affect Grantee's obligations to pay Franchise Fees to City. Grantee agrees that
although the sum of Franchise Fees plus the payments set forth in this Section may total more
than five percent (5%) of Grantee's Gross Revenues in any 12-month period, the additional
commitments shall not be offset or otherwise credited in any way against any Franchise Fee
payments under this Franchise Agreement.
8. Additional Payments. If the incumbent franchised cable operator agrees to
provide any support of the Access Channels in excess of the amount identified above or to any
payment in support of any other PEG-related commitment after the Effective Date of this
Franchise, the Commission, in its reasonable discretion, after meeting with the Grantee, will
determine whether Grantee’s PEG Fee should be changed. If Grantee is required to pay any
additional PEG Fee, such amount must be based upon a per subscriber/per month fee.
SECTION 7. SERVICES TO CITY
1. Twin Cities Metro PEG Interconnect Network. Grantee shall provide a discrete,
non-public, video interconnect network, from an agreed upon demarcation point at the
Commission's Master Control Center at the Commission's office, to Grantee's headend. The
video interconnect network shall not exceed 50 Mbps of allocated bandwidth, allowing PEG
operators that have agreed with Grantee to share (send and receive) live and recorded
programming for playback on their respective systems. Where available the Grantee shall
provide the video interconnect network and the network equipment necessary for the high-
priority transport of live multicast HD/SD video streams as well as lower-priority file-sharing.
Grantee shall provide 50 Mbps bandwidth for each participating PEG entity to send its original
programming, receive at least two additional multicast HD/SD streams from any other
participating PEG entity, and allow the transfer of files. Each participating PEG entity is
responsible for encoding its own SD/HD content in suitable bit rates to be transported by the
video interconnect network without exceeding the 50 Mbps of allocated bandwidth.
2. Cable Service to Public Buildings. Grantee shall, at no cost to the City or
Commission, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or
equivalent package of Cable Service and necessary reception equipment to up to seven (7)
outlets at the Commission Office and at each Member City City Hall and to each Independent
School District at the current locations located in the Commission area that originates PEG
programming. Grantee shall, at no cost to the City, provide Basic Service and Expanded Basic
Service (currently Prism Essentials) or equivalent package of Cable Service and necessary
reception equipment to up to three (3) outlets at all other government buildings, schools and
public libraries located in the City where Grantee provides Cable Service, so long as these
government addresses are designated as a Household and no other cable communications
provider is providing complementary service at such location. For purposes of this subsection,
“school” means all State-accredited K-12 public and private schools. Outlets of Basic and
Expanded Basic Service provided in accordance with this subsection may be used to distribute
Cable Services throughout such buildings; provided such distribution can be accomplished
without causing Cable System disruption and general technical standards are maintained. Such
outlets may only be used for lawful purposes. If any location is not designated as a Household, it
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will be provided the functionality to monitor PEG signals through a mutually agreeable alternate
technology at the expense of the Grantee.
SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS
1. Administration of Franchise. The City Manager or other designee shall have
continuing regulatory jurisdiction and supervision over the System and the Grantee's operation
under the Franchise. The City, or its designee, may issue such reasonable rules and regulations
concerning the construction, operation and maintenance of the System as are consistent with the
provisions of the Franchise and law.
2. Delegated Authority. The City may appoint a citizen advisory body or a Joint
Powers Commission, or may delegate to any other body or Person authority to administer the
Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee
shall cooperate with any such delegatee of City.
3. Franchise Fee.
a. During the term of the Franchise, Grantee shall pay quarterly to City or its
delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly
Gross Revenues, or such other amounts as are subsequently permitted by federal
statute.
b. Any payments due under this provision shall be payable quarterly. The payment
shall be made within thirty (30) days of the end of each of 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/or the
Commission and acceptance of any payment shall not be construed as an accord
that the amount paid is in fact the correct amount. If an audit or review discloses
an overpayment or underpayment of franchise fees, the City and/or the
Commission shall notify Grantee of such overpayment or underpayment. The
City’s/Commission’s audit or review expenses shall be borne by the
City/Commission unless the audit or review determines that the payment to the
City should be increased by more than five percent (5%) in the audited/reviewed
period, in which case the costs of the audit/review shall be borne by Grantee, up
to a cap of $25,000, as a cost incidental to the enforcement of the Franchise. Any
additional amounts due to the City as a result of the audit or review shall be paid
to the City within thirty (30) days following written notice to Grantee by the
City/Commission of the underpayment, which notice shall include a copy of the
audit/review report. If the recomputation results in additional revenue to be paid
to the City, such amount shall be subject to a ten percent (10%) annual interest
charge.
d. The City/Commission shall have the right to inspect and to require Grantee to
provide any and all data, documents and records maintained by Grantee (or
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maintained by an Affiliate or a third-party contractor/vendor on behalf of
Grantee) reasonably related to the calculation and payment of franchise fees. The
Grantee shall maintain such records, documents and data for a minimum of four
(4) years.
e. Grantee shall have no less than twenty (20) business days to respond fully and
completely to any written request for data, documents and records issued by the
City/Commission, unless an extension of time is granted by the City/Commission
in writing. Grantee may request an extension of the twenty (20) business day
deadline applicable to a written request for data, information and documents no
later than ten (10) business days after the date of such request. Every request for
an extension of time shall describe, in detail, the reasons the extension is
necessary. The City/Commission may, in its sole discretion, grant or deny an
extension request, and shall act reasonably in making such a determination based
on the scope and complexity of the information request at issue and the facts cited
by Grantee in its written extension request.
f. In the event any franchise fee payment or recomputation amount is not made on
or before the required date, Grantee shall pay, during the period such unpaid
amount is owed, the additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10%).
g. Nothing in this Franchise shall be construed to limit any authority of the City to
impose any tax, fee or assessment of general applicability.
h. The franchise fee payments required by this Franchise shall be in addition to any
and all taxes or fees of general applicability. Grantee shall not have or make any
claim for any deduction or other credit of all or any part of the amount of said
franchise fee payments from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. Grantee shall not apply nor
seek to apply all or any part of the amount of said franchise fee payments as a
deduction or other credit from or against any of said taxes or fees of general
applicability, except as expressly permitted by law. Nor shall Grantee apply or
seek to apply all or any part of the amount of any of said taxes or fees of general
applicability as a deduction or other credit from or against any of its franchise fee
obligations, except as expressly permitted by law.
i. The Franchise Fee shall be in addition to any and all taxes or other levies or
assessments which are now or hereafter required to be paid by businesses in
general by any law of the City, the State or the United States including, without
limitation, sales, use and other taxes, business license fees or other payments.
Payment of the Franchise Fee under this Franchise shall not exempt Grantee from
the payment of any other license fee, permit fee, tax or charge on the business,
occupation, property or income of Grantee that may be lawfully imposed by the
City. Any other license fees, taxes or charges shall be of general applicability in
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nature and shall not be levied against Grantee solely because of its status as a
cable operator or solely because of its status as such.
4. Access to Records. The City shall have the right to inspect, upon reasonable
notice and during normal business hours, or require Grantee to provide within a reasonable time
copies of any records maintained by Grantee which relate to System operations including
specifically Grantee’s accounting and financial records.
5. Reports and Maps.
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 make available 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 make available to the City Manager the maps,
plats, and permanent records of the location and character of all facilities
constructed, including underground facilities, and Grantee shall make available
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.
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SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS
1. Performance Bond.
a. Within 30 days of the Effective Date of this Franchise, the Grantee shall deliver to
the Commission a bond, that is effective as of the Effective Date and at all times
thereafter, until the Grantee has liquidated all of its obligations with City, the
Grantee shall furnish a bond to Commission in the amount of $500,000.00 in a
form and with such sureties as reasonably acceptable to City. This bond will be
conditioned upon the faithful performance by the Grantee of its Franchise
obligations and upon the further condition that in the event the Grantee shall fail
to comply with any law, ordinance or regulation governing the Franchise, there
shall be recoverable jointly and severally from the principal and surety of the
bond any damages or loss suffered by City as a result, including the full amount
of any compensation, indemnification or cost of removal or abandonment of any
property of the Grantee, plus a reasonable allowance for attorneys' fees and costs,
up to the full amount of the bond, and further guaranteeing payment by the
Grantee of claims, liens and taxes due City which arise by reason of the
construction, operation, or maintenance of the System. The rights reserved by
City with respect to the bond are in addition to all other rights City may have
under the Franchise or any other law. City may, from year to year, in its sole
discretion, reduce the amount of the bond.
b. The time for Grantee to correct any violation or liability, shall be extended by
City if the necessary action to correct such violation or liability is, in the sole
determination of City, of such a nature or character as to require more than thirty
(30) days within which to perform, provided Grantee provides written notice that
it requires more than thirty (30) days to correct such violations or liability,
commences the corrective action within the thirty (30) days period and thereafter
uses reasonable diligence to correct the violation or liability.
c. In the event this Franchise is revoked by reason of default of Grantee, City shall
be entitled to collect from the performance bond that amount which is attributable
to any damages sustained by City as a result of said default or revocation.
d. Grantee shall be entitled to the return of the performance bond, or portion thereof,
as remains sixty (60) days after the expiration of the term of the Franchise or
revocation for default thereof, provided City has not notified 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.
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2. Letter of Credit.
a. Within thirty (30) days of the Effective Date of this Franchise, Grantee shall
deliver to Commission an irrevocable and unconditional Letter of Credit, that is
effective as of the Effective Date, in form and substance acceptable to City, from
a National or State bank approved by the Commission , in the amount of
$25,000.00.
b. The Letter of Credit shall provide that funds will be paid to City, upon written
demand of City, and in an amount solely determined by City in payment for
penalties charged pursuant to this Section, in payment for any monies owed by
Grantee to City or any person pursuant to its obligations under this Franchise, or
in payment for any damage incurred by City or any person as a result of any acts
or omissions by Grantee pursuant to this Franchise.
c. In addition to recovery of any monies owed by Grantee to City or any person or
damages to City or any person as a result of any acts or omissions by Grantee
pursuant to the Franchise, City in its sole discretion may charge to and collect
from the Letter of Credit the following penalties:
i. For failure to timely complete System upgrades as provided in this
Franchise unless City approves the delay, the penalty shall be $500.00 per
day for each day, or part thereof, such failure occurs or continues.
ii. For failure to provide data, documents, reports or information or to
cooperate with City during an application process or system review or as
otherwise provided herein, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
iii. Fifteen (15) days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards, the penalty
shall be $500.00 per day for each day, or part thereof, such failure occurs
or continues.
iv. For failure to provide the services Grantee has proposed, including, but
not limited to, the implementation and the utilization of the 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 the reasonable build-out provisions and for
economic redlining in violation of Section 2, Paragraph 7 above and 47
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U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or
part thereof that such violation continues.
vii. For failure to comply with any of the provisions of this Franchise, or other
City ordinance for which a penalty is not otherwise specifically provided
pursuant to this paragraph c, the penalty shall be $250.00 per day for each
day, or part thereof, such failure occurs or continues.
d. Each violation of any provision of this Franchise shall be considered a separate
violation for which a separate penalty can be imposed.
e. Whenever City finds that Grantee has violated one or more terms, conditions or
provisions of this Franchise, or for any other violation contemplated in Section 9,
Paragraph 2(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
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replacement Letter of Credit or certification of replenishment for the full amount
stated in Section 9, Paragraph 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.
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 action of Grantee with respect to this
Franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards,
committees, commissions, elected officials, employees and agents, from and
against all liability, damages, and penalties which they may legally be required to
pay as a result of the City’s exercise, administration, or enforcement of the
Franchise.
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.
d. Grantee shall contemporaneously with this Franchise execute an Indemnity
Agreement in the form of Exhibit A, which shall indemnify, defend and hold the
City and Commission harmless for any claim for injury, damage, loss, liability,
cost or expense, including court and appeal costs and reasonable attorneys’ fees or
reasonable expenses arising out of the actions of the City and/or Commission in
granting this Franchise. This obligation includes any claims by another
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franchised cable operator against the City and/or Commission that the terms and
conditions of this Franchise are less burdensome than another franchise granted
by the City or that this Franchise does not satisfy the requirements of applicable
state law(s).
4. Insurance.
a. As a part of the indemnification provided in Section 8.3, but without limiting the
foregoing, Grantee shall file with City at the time of its acceptance of this
Franchise, and at all times thereafter maintain in full force and effect at its sole
expense, a comprehensive general liability insurance policy, including
broadcaster’s/cablecaster’s liability and contractual liability coverage, in
protection of the Grantee, and the City, its officers, elected officials, boards,
commissions, agents and employees for any and all damages and penalties which
may arise as a result of this Franchise. The policy or policies shall name the City
as an additional insured, and in their capacity as such, City officers, elected
officials, boards, commissions, agents and employees.
b. The policies of insurance shall be in the sum of not less than $1,000,000.00 for
personal injury or death of any one Person, and $2,000,000.00 for personal injury
or death of two or more Persons in any one occurrence, $500,000.00 for property
damage to any one person and $2,000,000.00 for property damage resulting from
any one act or occurrence.
c. The policy or policies of insurance shall be maintained by Grantee in full force
and effect during the entire term of the Franchise. Each policy of insurance shall
contain a statement on its face that the insurer will not cancel the policy or fail to
renew the policy, whether for nonpayment of premium, or otherwise, and whether
at the request of Grantee or for other reasons, except after sixty (60) days advance
written notice have been provided to City.
SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF
FRANCHISE
1. City's Right to Revoke.
a. In addition to all other rights which City has pursuant to law or equity, City
reserves the right to commence proceedings to revoke, terminate or cancel this
Franchise, and all rights and privileges pertaining thereto, if it is determined by
City that:
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.
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City may revoke this Franchise without the hearing required by Section 10,
Paragraph.2 herein if Grantee is adjudged a bankrupt.
2. Procedures for Revocation.
a. City shall provide Grantee with written notice of a cause for revocation and the
intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of
the notice in which to correct the violation or to provide adequate assurance of
performance in compliance with the Franchise. In the notice required herein, City
shall provide Grantee with the basis of the revocation.
b. Grantee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocation, which public
hearing shall follow the thirty (30) day notice provided in subparagraph (a) above.
City shall provide Grantee with written notice of its decision together with written
findings of fact supplementing said decision.
c. Only after the public hearing and upon written notice of the determination by City
to revoke the Franchise may Grantee appeal said decision with an appropriate
state or federal court or agency.
d. During the appeal period, the Franchise shall remain in full force and effect unless
the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare of any person or the public.
3. Abandonment of Service. Grantee may not abandon the System or any portion
thereof without having first given three (3) months written notice to City. Grantee may not
abandon the System or any portion thereof without compensating City for damages resulting
from the abandonment, including all costs incident to removal of the System.
4. Removal After Abandonment, Termination or Forfeiture.
a. In the event of termination or forfeiture of the Franchise or abandonment of the
System, City shall have the right to require Grantee to remove all or 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.
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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. The foregoing
notwithstanding, Grantee must seek approval of any transaction constituting a
transfer under state law.
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, Paragraph 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. Acquisition 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.
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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 10 Paragraph 5 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 10, Paragraph 5, City shall
have the right to purchase the System for the value of the consideration proposed
in such transaction. City’s right to purchase shall arise upon City’s receipt of
notice of the material terms of an offer or proposal for sale, transfer, corporate
change, or assignment, which Grantee has accepted. Notice of such offer or
proposal must be conveyed to City in writing and separate from any general
announcement of the transaction.
h. City shall be deemed to have waived its right to purchase the System pursuant to
this Section only in the following circumstances:
i. If City does not indicate to Grantee in writing, within sixty (60) days of
receipt of written notice of a proposed sale, transfer, corporate change, or
assignment as contemplated in Section 10, Paragraph 5(g) above, its
intention to exercise its right of purchase; or
ii. It approves the assignment or sale of the Franchise as provided within this
Section.
i. No Franchise may be transferred if City determines Grantee is in noncompliance
of the Franchise unless an acceptable compliance program has been approved by
City. The approval of any transfer of ownership pursuant to this Section shall not
be deemed to waive any rights of City to subsequently enforce noncompliance
issues relating to this Franchise even if such issues predated the approval, whether
known or unknown to City.
SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS
1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access,
or otherwise discriminate against Subscribers (or group of potential subscribers) or general
citizens on the basis of race, color, religion, national origin, sex, age, status as to public
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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 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 all 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.
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
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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 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
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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 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.
8. Force Majeure. The Grantee shall not be deemed in default of provisions of this
Franchise or the City Code where performance was rendered impossible by war or riots, labor
strikes or civil disturbances, floods or other causes beyond the Grantee’s control, and the
Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that
the Grantee, when possible, takes immediate and diligent steps to bring itself back into
compliance and to comply as soon as possible, under the circumstances, with the Franchise
without unduly endangering the health, safety and integrity of the Grantee’s employees or
property, or the health, safety and integrity of the public, the Rights-of-Way, public property or
private property.
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, Paragraph 2.
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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.
Passed and adopted this 10th day of November, 2015.
ATTEST: CITY OF ST. ANTHONY
By: _______________________________ By: _____________________________
Nicole Miller, City Clerk Jerome O. Faust, Mayor
ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
Dated: November 10, 2015 By: _____________________________
Mark Casey, City Manager
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EXHIBIT A - INDEMNITY AGREEMENT
INDEMNITY AGREEMENT made this 10th day of November, 2015, by and between
Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called
“CenturyLink,” and the City of St. Anthony, a Minnesota Municipal Corporation, party of the
second part, hereinafter called “City” and the North Suburban Communications Commission, a
Minnesota Municipal Joint Powers entity, hereinafter called “Commission.”
WITNESSETH:
WHEREAS, the City of St. Anthony has awarded to Qwest Broadband Services, Inc. a
franchise for the operation of a cable communications system in the City; and
WHEREAS, the City has required, as a condition of its award of a cable communications
franchise, that it and the Commission be indemnified with respect to all claims and actions arising
from the award of said franchise.
NOW THEREFORE, in consideration of the foregoing promises and the mutual
promises contained in this agreement and in consideration of entering into a cable television
franchise agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify,
defend and hold harmless the City and the Commission, its officers, boards, commissions,
employees and agents against any and all claims, suits, actions, liabilities and judgments for
damages, cost or expense (including, but not limited to, court and appeal costs and reasonable
attorneys' fees and disbursements assumed or incurred by the City in connection therewith)
arising out of the actions of the City and Commission in granting a franchise to CenturyLink.
This includes any claims by another franchised cable operator against the City that the terms and
conditions of the CenturyLink franchise are less burdensome than another franchise granted by
the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal,
state, or local law(s). The indemnification provided for herein shall not extend or apply to any
acts of the City or Commission constituting a violation or breach by the City or Commission of
the contractual provisions of the franchise ordinance, unless such acts are the result of a change in
applicable law, the order of a court or administrative agency, or are caused by the acts of
CenturyLink.
The City or Commission shall give CenturyLink reasonable notice of the making of any
claim or the commencement of any action, suit or other proceeding covered by this agreement.
The City and Commission shall cooperate with CenturyLink in the defense of any such action,
suit or other proceeding at the request of CenturyLink. The City and Commission may participate
in the defense of a claim, but if CenturyLink provides a defense at CenturyLink’s expense then
CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that City or
Commission may incur if it chooses to participate in the defense of a claim, unless and until
separate representation is required. If separate representation to fully protect the interests of both
parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota
Rules of Professional Conduct, between the City or the Commission and the counsel selected by
CenturyLink to represent the City and/or the Commission, Century Link shall pay, from the date
such separate representation is required forward, all reasonable expenses incurred by the City or
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the Commission in defending itself with regard to any action, suit or proceeding indemnified by
CenturyLink. Provided, however, that in the event that such separate representation is or becomes
necessary, and City or the Commission desires to hire a counselor any other outside experts or
consultants and desires CenturyLink to pay those expenses, then City and/or the Commission
shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or
consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the
parties agree that the City or Commission may utilize at any time, at its own cost and expense, its
own attorney or outside counsel with respect to any claim brought by another franchised cable
operator as described in this agreement.
The provisions of this agreement shall not be construed to constitute an amendment of the
cable communications franchise ordinance or any portion thereof but shall be in addition to and
independent of any other similar provisions contained in the cable communications franchise
ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not
be dependent or conditioned upon the validity of the cable communications franchise ordinance
or the validity of any of the procedures or agreements involved in the award or acceptance of the
franchise, but shall be and remain a binding obligation of the parties hereto even if the cable
communications franchise ordinance or the grant of the franchise is declared null and void in a
legal or administrative proceeding.
It is the purpose of this agreement to provide maximum indemnification to the City and
the Commission under the terms set out herein and, in the event of a dispute as to the meaning of
this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to
provide for the indemnification of the City and the Commission by CenturyLink. This agreement
shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their
successor's and assigns, if any.
QWEST BROADBAND SERVICES, INC.
Dated: __________________, 2015 By: _______________________________
Its: _______________________________
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STATE OF LOUISIANA
PARISH OF OUACHITA
The foregoing instrument was acknowledged before me this _____ day of 2015, by
______________________, the ___________________________ of Qwest Broadband Services,
Inc., a Delaware Corporation, on behalf of the corporation.
___________________________________
NOTARY PUBLIC
Print Name: ________________________
Bar Roll #/Notary ID #: ________________
My Commission Expires: ______________
CITY OF ST. ANTHONY
By:____________________________________
Mark Casey, City Manager
NORTH SUBURBAN COMMUNICATIONS
COMMISSION
By: __________________________________
Its: __________________________________
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TO: MARK CASEY, CITY MANAGER
FROM: SHELLY RUECKERT, FINANCE DIRECTOR
SUBJECT: 2016 UTILITY RATES
DATE: OCTOBER 26, 2015
2016 Utility Rate Synopsis:
The utility rates recommended herein for 2016 reflects the multi-year approach towards
rate adjustments that began in 2012. The concept will allow for reasonable rate
adjustments that provide a sustainable fund balance, encourages conservation, and
retires debt. The approach and rates will be evaluated annually.
Ordinance 2015-07 contains the rate adjustments recommended below:
2016 2015
Per 1000 gallons Rates Rates $ Increase
Water Tier I 3.10 2.98 0.12
Water Tier II 3.27 3.14 0.13
Water Tier III 3.59 3.45 0.14
Water Tier IV 4.12 3.96 0.16
Water Tier V 5.17 4.97 0.20
Irrigation 4.12 3.96 0.16
Sewer 4.38 4.19 0.19
Quarterly fee
Stormwater 14.75 14.40 0.35
The remainder of this document discusses the overall impact of rate increases and
rate increase by service type.
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The overall impact of the recommended rates for a residential customer at each of the
five tier level ranges from 3.83% to 4.20% as detailed below:
Tier Level 1st-7,500 2nd-15,000 3rd-22,500 4th-30,000 5th-37,500
Distribution
(1st Qtr. 2015) 31.2% 45.3% 17.8% 3.7% 1.9%
2016 Proposed 72.44 129.82 189.59 253.34 324.97
2015 Actual 69.77 124.74 182.04 243.17 311.87
Quarterly Increase 2.67 5.08 7.55 10.17 13.10
Annual Increase 10.68 20.32 30.20 40.68 52.40
Percent Increase 3.83% 4.08% 4.15% 4.18% 4.20%
Water Rates:
The April 2012 water rate discussion resulted in the multi- year approach cited
previously. Consistent with this approach, the elimination of annual transfer from the
water operations to the general fund is carried forward to 2016. In 2016 a transfer from
the utility fund to the CIP fund has been proposed at $25,000 ($15,000 in 2015). The
transfer is propose to increase by $10,000 each year from 2016-2018 with the transfer
topping out at 50,000 in 2019. The $50,000 approximates the annual replacement
amount for the Utility equipment included in the CIP program. This phase in approach
will moderate the annual rate increases required. Therefore the recommended 2016 rate
per 1,000 gallons is $3.10, or an eleven cent ($.12) increase. This represents a 4.03%
increase in rate and would be expected to generate $35,734 in additional revenues
(assuming water usage is similar to 2015). The impact on a 7,500 gallon per quarter user
would be as follows:
Quarterly Bill Usage Rate $ Increase % Change
2011 $19.50 $2.60 - -
2012 $20.03 $2.67 $0.07 2.69
2013 $20.63 $2.75 $0.08 3.00
2014 $21.53 $2.87 $0.12 4.50
2015 $22.35 $2.98 $0.11 3.83
2016 $23.25 $3.10 $0.12 4.03
108
Sewer Rates:
The approach to sewer rates in 2012 was the same as used for the water. Consistent
with this approach, the elimination of annual transfer from the sewer operations to the
general fund is carried forward to 2015. The recommended 2016 rate per 1,000 gallons is
$4.38, or a twenty cent ($.19) increase. This represents a 4.53% increase in rate. This
increase revenue along with reduced treatment cost due to lower relative flows
produces a small operating profit before transfers for the sewer operations. The MCES
2016 rate notification also alluded to future rate increases in treatment costs being
higher than 5%. The revision in rates would be expected to generate $42,394 in
additional revenues (assuming 2016 first quarter water usage was similar to the first
quarter in 2015). The impact on a 7,500 gallon per quarter user would be as follows:
Stormwater Rates:
The approach to Stormwater rates in 2012 was the same as used for the water and
sewer. The recommended 2016 rate per Quarter for single family residential
(classifications 2 & 3) is $14.75 or a thirty-five cent ($.35) increase. This represents a
2.43% increase in rate and would be expected to generate $4,574 in additional revenues
(assuming no new construction). The impact on a residential single family user would
be as follows:
Quarterly Bill $ Increase % Change
2011 $13.00 - -
2012 $13.35 $0.35 2.69
2013 $13.70 $0.35 2.62
2014 $14.05 $0.35 2.55
2015 $14.40 $0.35 2.49
2016 $14.75 $0.35 2.43
Quarterly Bill Usage Rate $ Increase % Change
2011 $26.25 $3.50 - -
2012 $27.75 $3.70 $0.20 5.71
2013 $28.35 $3.78 $0.08 2.16
2014 $29.93 $3.99 $0.21 5.44
2015 $31.43 $4.19 $0.20 5.01
2016 $32.85 $4.38 $0.19 4.53
109
The rate increase for other land use categories is consistent with the increase in single
family residential (classifications 2 & 3) as see below:
Classification-Land Use 2015 Charge Proposed 2016 Charge % Change
1-Cemeteries, parks, golf
courses, railroads, vacant land
$59.75 per acre $61.20 per acre 2.43%
2- R-1, R-1a, and R-2
residential
$57.60 per unit $59.00 per unit 2.43%
3- R-3 residential $57.60 per unit $59.00 per unit 2.43%
4- Schools and institutional
uses
$137.58 per acre $140.93 per acre 2.43%
5- R-4 Residential , churches
and manufactured home parks
$175.48 per acre $179.75 per acre 2.43%
6- Commercial and industrial $219.23 per acre $224.55 per acre 2.43%
110
2016
2016
2016 2015
Per 1000 gallons Rates Rates $ Increase % Change
Water Tier I 3.10 2.98 0.12 4.03%
Water Tier II 3.27 3.14 0.13 4.14%
Water Tier III 3.59 3.45 0.14 4.06%
Water Tier IV 4.12 3.96 0.16 4.04%
Water Tier V 5.17 4.97 0.20 4.02%
Irrigataion 4.12 3.96 0.16 4.04%
Sewer 4.38 4.19 0.19 4.53%
Quarterly fee
Stormwater 14.75 14.40 0.35 2.43%
The impact of the recommended rates on a residential
customer at each tier level would be as follows:
2016
Tier Level 7,500 15,000 22,500 30,000 37,500
Distribution 31.3% 45.3% 17.8% 3.7% 1.5%
2016 Proposed 72.44 129.82 189.59 253.34 324.97
2015 Actual 69.77 124.74 182.04 243.17 311.87
Quarterly Increase 2.67 5.08 7.55 10.17 13.10
Annual Increase 10.68 20.30 30.20 40.68 52.40
Percent Increase 3.83% 4.08% 4.15% 4.18% 4.20%
The impact of the recommended rates on a residential
customer using 7,500 gallons or less gallons quarterly
would be as follows (3.83%):
2016
2016 2015
Minimum Minimum $ Increase % Change
Water 23.25 22.35 0.90 4.03%
Sewer 32.85 31.43 1.42 4.53%
Stormwater 14.75 14.40 0.35 2.43%
Surcharge 1.59 1.59 - 0.00%
72.44 69.77 2.67 3.83%
The impact of the recommended rates on the Tier II average
usage of 10,956 gallons quarterly would be as follows
(3.98%):
2016
2016 2015
Tier II average 10,956 10,956 $ Increase % Change
Water 34.54 33.20 1.34 4.05%
Sewer 47.99 45.90 2.09 4.55%
Stormwater 14.75 14.40 0.35 2.43%
Surcharge 1.59 1.59 - 0.00%
98.87 95.09 3.78 3.98%
The impact of the recommended rates on the Tier IV
average usage of 25,253 gallons quarterly would be as
follows (4.16%):
2016
2016 2015
Tier IV average 25,253 25,253 $ Increase % Change
Water 86.04 82.68 3.36 4.07%
Sewer 110.61 105.81 4.80 4.53%
Stormwater 14.75 14.40 0.35 2.43%
Surcharge 1.59 1.59 - 0.00%
212.99 204.48 8.51 4.16%
2016
$(77,050) $(224,819) $(182,618)
$1,962 $40,837 $126,572
$223,273
$(150,000)
$100,000
$350,000
$600,000
$850,000
$1,100,000
$1,350,000
$1,600,000
$1,850,000
$2,100,000
2010 2011 2012 2013 2014 EA 2015 BD 2016
Utility Fund
EXPENSES W/O DEPRECIATION DEPRECIATION REVENUE REVENUE W/O CONNECTION FEES ENDING CASH BALANCE
2016
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on November 10, 2015, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the City
Council will hold a public hearing to solicit public response to the Ordinance Amendments for Sections
§33.015 Sewer Charges to Owner; §33.036 Water Charges to Owner; and §33.090 Charges for storm
water facilities . Those persons having an interest in said amendments are encouraged to attend.
Nicole Miller
City Clerk
Publication:
St. Anthony Bulletin
October 28, 2015
111
THIS PAGE LEFT INTENTIONALLY BLANK
112
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2015-07
AN ORDINANCE AMENDING SECTIONS §33.018 SEWER CHARGES TO OWNERS; 33.036
WATER CHARGES TO OWNERS AND §33.090 CHARGES FOR STORM WATER FACILITIES
FOR ST. ANTHONY VILLAGE EFFECTIVE JANUARY 1, 2016
The City Council of the City of Saint Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code Sections §33.018,
33.036 and §33.090 of the City Code of the City of Saint Anthony Village is hereby amended as follows.
The deleted language is represented by strikethrough text. The additional language is represented
by text.
33.018 SEWER RATES: $4.19 $4.38 per 1,000 gallons
33.036 WATER RATES.
Water bills will be computed quarterly based on metered water used according to the tiered
rates system.
RESIDENTIAL Consumption (gallons) Rate/per 1,000 gallons
TIER I 0-7,500 $2.98 $3.10
TIER II 7,500-15,000 $3.14 $3.27
TIER III 15,000-22,500 $3.45 $3.59
TIER IV 22,500-30,000 $3.96 $4.12
TIER V Over 30,000 $4.97 $5.17
COMMERCIAL Consumption (gallons) Rate/per 1,000 gallons
TIER I 0-7,500 $2.98 $3.10
TIER II 7,500-53,500 $3.14 $3.27
TIER III 53,500-175,000 $3.45 $3.59
TIER IV 175,000-300,000 $3.96 $4.12
TIER V Over 300,000 $4.97 $5.17
WILSHIRE Consumption( gallons) Rate/per 1,000 gallons
TIER I 0-7,500 $2.98 $3.10
TIER II 7,500-510,000 $3.14 $3.27
TIER III 510,000-610,000 $3.45 $3.59
TIER IV 610,000-710,000 $3.96 $4.12
TIER V Over 710,000 $4.97 $5.17
SAVHS Consumption (gallons) Rate/per 1,000 gallons
TIER I 0-7,500 $2.98 $3.10
TIER II 7,500-850,000 $3.14 $3.27
TIER III 850,000-1,150,000 $3.45 $3.59
TIER IV 1,150,000-1,450,000 $3.96 $4.12
TIER V Over 1,450,000 $4.97 $5.17
113
HAPPY’S Consumption (gallons) Rate/per 1,000 gallons
TIER I 0-7,500 $2.98 $3.10
TIER II 7,500-3,650,000 $3.14 $3.27
TIER III 3,650,000-4,650,000 $3.45 $3.59
TIER IV 4,650,000-5,650,000 $3.96 $4.12
TIER V Over 5,650,000 $4.97 $5.17
33.090 STORM WATER FACILITIES: (billed quarterly)
Effective Date: This ordinance shall become effective as of its publication.
First Reading: November 10, 2015
Second Reading: November 24, 2015
Adopted: December 8, 2015
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date:
Classification Charge (per acre)
1 $59.75 $61.20
2 $57.60 $59.00
3 $57.60 $59.00
4 $137.58 $140.93
5 $175.48 $179.75
6 $219.23 $224.55
114
November 10, 2015
Pre-Sale Report for
City of St. Anthony, Minnesota
$4,445,000 General Obligation TIF Refunding Bonds,
Series 2015B
Prepared by:
Stacie Kvilvang
Senior Municipal Advisor/Director
And
Jason Aarsvold
Municipal Advisor
115
Presale Report
City of St. Anthony, Minnesota
November 10, 2015
Page 1
Executive Summary of Proposed Debt
Proposed Issue: $4,445,000 General Obligation TIF Refunding Bonds, Series 2015B
Purposes: The proposed issue includes refinancing of the HRA's Tax Increment Revenue
Bonds (Silver Lake Village Project), Series 2006 (Commercial TIF Revenue
Bonds). Debt service is paid from TIF revenues generated from the
commercial development and will continue to be paid from the same source.
Interest rates on the obligations proposed to be refunded are .4% to 2.7%. The
refunding is expected to reduce interest expense by approximately $1.1 million
dollars over the next 16 years. The Net Present Value Benefit of the refunding
is estimated to be approximately $947,264, equal to 22.992% of the refunded
principal.
This refunding is considered an Advance Refunding as the new Bonds will be
issued more than 90 days prior to the call date of the obligations being
refunded.
Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters:
469 and 475
Because the City paying for at least 20% of the project costs with TIF from
District No. 3-5, the Bonds can be a general obligation without a referendum
and will not count against the City’s debt limit.
The Bonds will be general obligations of the City for which its full faith, credit
and taxing powers are pledged.
Term/Call Feature: The Bonds are being issued for a 16 year term. Principal on the Bonds will be
due on February 1 and August 1 starting 2016 through 2031. Interest is
payable every six months beginning February 1, 2016.
The Bonds maturing on and after February 1, 2025 will be subject to
prepayment at the discretion of the City on February 1, 2024 or any date
thereafter.
Bank Qualification: Because the City is expecting to issue no more than $10,000,000 in tax exempt
debt during the calendar year, the City will be able to designate the Bonds as
“bank qualified” obligations. Bank qualified status broadens the market for
the Bonds, which can result in lower interest rates.
Rating: The City’s most recent bond issues were rated “AA” by Standard & Poor’s.
The City will request a new rating for the Bonds.
If the winning bidder on the Bonds elects to purchase bond insurance, the
rating for the issue may be higher than the City’s bond rating in the event that
the bond rating of the insurer is higher than that of the City.
116
Presale Report
City of St. Anthony, Minnesota
November 10, 2015
Page 2
Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to
us, our advisory relationship as well as characteristics of various municipal
financing options, we are recommending the issuance of tax-exempt general
obligation bonds as a suitable financing option for the following reasons:
- The issuance is a viable option available to finance these types of
projects under state law and federal regulations.
- This option is the most overall cost effective debt option from the
perspective of marketability and interest rates.
- The issuance of advanced refunding bonds meets the City’s desired
savings expectations.
Method of Sale/Placement: In order to obtain the lowest interest cost to the City, we will competitively bid
the purchase of the Bonds from local and national underwriters/banks.
We have included an allowance for discount bidding equal to 1.00000% of the
principal amount of the issue. The discount is treated as an interest item and
provides the underwriter with all or a portion of their compensation in the
transaction.
If the Bonds are purchased at a price greater than the minimum bid amount
(maximum discount), the unused allowance may be used to lower your
borrowing amount.
Premium Bids: Under current market conditions, most investors in municipal
bonds prefer “premium” pricing structures. A premium is achieved when the
coupon for any maturity (the interest rate paid by the issuer) exceeds the yield
to the investor, resulting in a price paid that is greater than the face value of
the bonds. The sum of the amounts paid in excess of face value is considered
“reoffering premium.”
The amount of the premium varies, but it is not uncommon to see premiums
for new issues in the range of 2.00% to 10.00% of the face amount of the
issue. This means that an issuer with a $2,000,000 offering may receive bids
that result in proceeds of $2,040,000 to $2,200,000.
For this issue of Bonds we have been directed to use the premium to reduce
the size of the issue. The adjustments may slightly change the true interest
cost of the original bid, either up or down.
You have the choice to limit the amount of premium in the bid
specifications. This may result in fewer bids, but it may also eliminate large
adjustments on the day of sale and other uncertainties.
Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that,
other than the obligations proposed to be refunded by the Bonds, there are no
other refunding opportunities at this time.
We will continue to monitor the market and the call dates for the City’s
outstanding debt and will alert you to any future refunding opportunities.
117
Presale Report
City of St. Anthony, Minnesota
November 10, 2015
Page 3
Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including
this issue) and this issue is over $1,000,000, the City will be agreeing to
provide certain updated Annual Financial Information and its Audited
Financial Statement annually as well as providing notices of the occurrence of
certain “material events” to the Municipal Securities Rulemaking Board (the
“MSRB”), as required by rules of the Securities and Exchange Commission
(SEC). The City is already obligated to provide such reports for its existing
bonds, and has contracted with Ehlers to prepare and file the reports.
Arbitrage Monitoring:
Because the Bonds are tax-exempt securities/tax credit securities, the City
must ensure compliance with certain Internal Revenue Service (IRS) rules
throughout the life of the issue. These rules apply to all gross proceeds of the
issue, including initial bond proceeds and investment earnings in construction,
escrow, debt service, and any reserve funds. How issuers spend bond
proceeds and how they track interest earnings on funds (arbitrage/yield
restriction compliance) are common subjects of IRS inquiries. Your specific
responsibilities will be detailed in the Signature, No-Litigation, Arbitrage
Certificate and Purchase Price Receipt prepared by your Bond Attorney and
provided at closing. We recommend that you regularly monitor compliance
with these rules and/or retain the services of a qualified firm to assist you.
Risk Factors: Advance Refunding: The Bonds are being issued for the purpose of
“advance” refunding prior City debt obligations. Only one advance refunding
of an original tax-exempt debt obligation is permitted under current IRS rules.
This refunding is being undertaken based in part on the following
assumptions:
Since the new Bonds will extend the “call” date for this debt, we are
assuming that the City does not expect to have revenues available to
pre-pay the current obligations prior to this new call date.
Tax Increment generated from the project may be inadequate to pay
for debt service, thus the City would need to levy taxes.
Other Service Providers: This debt issuance will require the engagement of other public finance service
providers. This section identifies those other service providers, so Ehlers can
coordinate their engagement on your behalf. Where you have previously used
a particular firm to provide a service, we have assumed that you will continue
that relationship. For services you have not previously required, we have
identified a service provider. Fees charged by these service providers will be
paid from proceeds of the obligation, unless you notify us that you wish to pay
them from other sources. Our pre-sale bond sizing includes a good faith
estimate of these fees, so their final fees may vary. If you have any questions
pertaining to the identified service providers or their role, or if you would like
to use a different service provider for any of the listed services please contact
us.
Bond Attorney: Dorsey & Whitney LLP
118
Presale Report
City of St. Anthony, Minnesota
November 10, 2015
Page 4
Paying Agent: Bond Trust Services Corporation
Rating Agency: Standard & Poor’s
CPA Escrow Verification Agent: Grant Thorton
Escrow Agent: US Bank
Bidding Agent: Ehlers Investment Partners
This presale report summarizes our understanding of the City’s objectives for the structure and terms of this
financing as of this date. As additional facts become known or capital markets conditions change, we may need
to modify the structure and/or terms of this financing to achieve results consistent with the City’s objectives.
119
Presale Report
City of St. Anthony, Minnesota
November 10, 2015
Page 5
Proposed Debt Issuance Schedule
Pre-Sale Review by City Council: November 10, 2015
Distribute Official Statement: Week of November 23, 2015
Conference with Rating Agency: Week of November 23, 2015
City Council Meeting to Award Sale of the Bonds: December 8, 2015
Estimated Closing Date: December 29, 2015
Redemption Date for Bond August 1, 2016
Attachments
Sources and Uses of Funds
Proposed Debt Service Schedule
Refunding Savings Analysis
Resolution Authorizing Ehlers to Proceed With Bond Sale
Ehlers Contacts
Municipal Advisors: Stacie Kvilvang (651) 697-8506
Jason Aarsvold (651) 697-8512
Disclosure Coordinator: Elizabeth Greiter (651) 697-8550
Financial Analyst: Alicia Gage (651) 697-8551
The Official Statement for this financing will be mailed to the City Council at their home address or e-mailed for
review prior to the sale date.
120
St Anthony HRA, Minnesota
$4,445,000 General Obligation TIF Rev Bonds, Series 2015B
Full Net Cash Refunding of Series 2006
Rev to GO - Assumed Current BQ GO "AA" Market Rates
Sources & Uses
Dated 12/29/2015 | Delivered 12/29/2015
Sources Of Funds
Par Amount of Bonds $4,445,000.00
Total Sources $4,445,000.00
Uses Of Funds
Total Underwriter's Discount (1.000%)44,450.00
Costs of Issuance 54,000.00
Deposit to Net Cash Escrow Fund 4,344,958.95
Rounding Amount 1,591.05
Total Uses $4,445,000.00
Series 2015B GO TIF Ref B | SINGLE PURPOSE | 10/20/2015 | 10:30 AM
121
St Anthony HRA, Minnesota
$4,445,000 General Obligation TIF Rev Bonds, Series 2015B
Full Net Cash Refunding of Series 2006
Rev to GO - Assumed Current BQ GO "AA" Market Rates
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
12/29/2015 -----
02/01/2016 145,000.00 0.400%6,600.44 151,600.44 151,600.44
08/01/2016 115,000.00 0.400%36,837.50 151,837.50 -
02/01/2017 115,000.00 0.550%36,607.50 151,607.50 303,445.00
08/01/2017 115,000.00 0.550%36,291.25 151,291.25 -
02/01/2018 120,000.00 0.700%35,975.00 155,975.00 307,266.25
08/01/2018 125,000.00 0.700%35,555.00 160,555.00 -
02/01/2019 120,000.00 0.950%35,117.50 155,117.50 315,672.50
08/01/2019 125,000.00 0.950%34,547.50 159,547.50 -
02/01/2020 125,000.00 1.100%33,953.75 158,953.75 318,501.25
08/01/2020 130,000.00 1.100%33,266.25 163,266.25 -
02/01/2021 130,000.00 1.250%32,551.25 162,551.25 325,817.50
08/01/2021 130,000.00 1.250%31,738.75 161,738.75 -
02/01/2022 135,000.00 1.450%30,926.25 165,926.25 327,665.00
08/01/2022 135,000.00 1.450%29,947.50 164,947.50 -
02/01/2023 135,000.00 1.600%28,968.75 163,968.75 328,916.25
08/01/2023 140,000.00 1.600%27,888.75 167,888.75 -
02/01/2024 140,000.00 1.750%26,768.75 166,768.75 334,657.50
08/01/2024 140,000.00 1.750%25,543.75 165,543.75 -
02/01/2025 145,000.00 1.850%24,318.75 169,318.75 334,862.50
08/01/2025 145,000.00 1.850%22,977.50 167,977.50 -
02/01/2026 150,000.00 2.000%21,636.25 171,636.25 339,613.75
08/01/2026 155,000.00 2.000%20,136.25 175,136.25 -
02/01/2027 160,000.00 2.200%18,586.25 178,586.25 353,722.50
08/01/2027 160,000.00 2.200%16,826.25 176,826.25 -
02/01/2028 165,000.00 2.350%15,066.25 180,066.25 356,892.50
08/01/2028 165,000.00 2.350%13,127.50 178,127.50 -
02/01/2029 165,000.00 2.450%11,188.75 176,188.75 354,316.25
08/01/2029 175,000.00 2.450%9,167.50 184,167.50 -
02/01/2030 175,000.00 2.550%7,023.75 182,023.75 366,191.25
08/01/2030 180,000.00 2.550%4,792.50 184,792.50 -
02/01/2031 185,000.00 2.700%2,497.50 187,497.50 372,290.00
Total $4,445,000.00 -$746,430.44 $5,191,430.44 -
Yield Statistics
Bond Year Dollars $36,327.61
Average Life 8.173 Years
Average Coupon 2.0547193%
Net Interest Cost (NIC)2.1770780%
True Interest Cost (TIC)2.1732568%
Bond Yield for Arbitrage Purposes 2.0368133%
All Inclusive Cost (AIC)2.3416907%
IRS Form 8038
Net Interest Cost 2.0547193%
Weighted Average Maturity 8.173 Years
Series 2015B GO TIF Ref B | SINGLE PURPOSE | 10/20/2015 | 10:30 AM
122
St Anthony HRA, Minnesota
$4,445,000 General Obligation TIF Rev Bonds, Series 2015B
Full Net Cash Refunding of Series 2006
Rev to GO - Assumed Current BQ GO "AA" Market Rates
Debt Service Comparison
Date Total P+I Net New D/S Old Net D/S Savings
02/01/2016 151,600.44 150,009.39 184,525.00 34,515.61
02/01/2017 303,445.00 303,445.00 373,271.88 69,826.88
02/01/2018 307,266.25 307,266.25 380,075.00 72,808.75
02/01/2019 315,672.50 315,672.50 385,937.51 70,265.01
02/01/2020 318,501.25 318,501.25 391,128.13 72,626.88
02/01/2021 325,817.50 325,817.50 395,378.13 69,560.63
02/01/2022 327,665.00 327,665.00 398,956.25 71,291.25
02/01/2023 328,916.25 328,916.25 401,156.26 72,240.01
02/01/2024 334,657.50 334,657.50 407,375.01 72,717.51
02/01/2025 334,862.50 334,862.50 407,609.38 72,746.88
02/01/2026 339,613.75 339,613.75 411,859.38 72,245.63
02/01/2027 353,722.50 353,722.50 424,843.76 71,121.26
02/01/2028 356,892.50 356,892.50 426,281.25 69,388.75
02/01/2029 354,316.25 354,316.25 426,593.76 72,277.51
02/01/2030 366,191.25 366,191.25 435,640.63 69,449.38
02/01/2031 372,290.00 372,290.00 443,000.01 70,710.01
Total $5,191,430.44 $5,189,839.39 $6,293,631.34 $1,103,791.95
PV Analysis Summary (Net to Net)
Gross PV Debt Service Savings.....................948,820.15
Net PV Cashflow Savings @ 2.037%(Bond Yield).....948,820.15
Contingency or Rounding Amount....................1,591.05
Net Present Value Benefit $950,411.20
Net PV Benefit / $5,393,820.15 PV Refunded Debt Service 17.620%
Net PV Benefit / $4,120,000 Refunded Principal...23.068%
Net PV Benefit / $4,445,000 Refunding Principal..21.382%
Refunding Bond Information
Refunding Dated Date 12/29/2015
Refunding Delivery Date 12/29/2015
Series 2015B GO TIF Ref B | SINGLE PURPOSE | 10/20/2015 | 10:31 AM
123
St Anthony HRA, Minnesota
$4,445,000 General Obligation TIF Rev Bonds, Series 2015B
Full Net Cash Refunding of Series 2006
Rev to GO - Assumed Current BQ GO "AA" Market Rates
Detail Costs Of Issuance
Dated 12/29/2015 | Delivered 12/29/2015
COSTS OF ISSUANCE DETAIL
Financial Advisor $28,000.00
Bond Counsel $10,000.00
CPA Verification $2,500.00
Escrow Agent $2,500.00
Rating Agency Fee $10,000.00
Miscellaneous $1,000.00
TOTAL $54,000.00
Series 2015B GO TIF Ref B | SINGLE PURPOSE | 10/20/2015 | 10:31 AM
124
St Anthony HRA, Minnesota
$4,445,000 General Obligation TIF Rev Bonds, Series 2015B
Full Net Cash Refunding of Series 2006
Rev to GO - Assumed Current BQ GO "AA" Market Rates
Debt Service Schedule
Date Principal Coupon Interest Total P+I
105%
Overlevy
02/01/2016 145,000.00 0.400%6,600.44 151,600.44 159,180.46
02/01/2017 230,000.00 0.550%73,445.00 303,445.00 318,617.25
02/01/2018 235,000.00 0.700%72,266.25 307,266.25 322,629.56
02/01/2019 245,000.00 0.950%70,672.50 315,672.50 331,456.13
02/01/2020 250,000.00 1.100%68,501.25 318,501.25 334,426.31
02/01/2021 260,000.00 1.250%65,817.50 325,817.50 342,108.38
02/01/2022 265,000.00 1.450%62,665.00 327,665.00 344,048.25
02/01/2023 270,000.00 1.600%58,916.25 328,916.25 345,362.06
02/01/2024 280,000.00 1.750%54,657.50 334,657.50 351,390.38
02/01/2025 285,000.00 1.850%49,862.50 334,862.50 351,605.63
02/01/2026 295,000.00 2.000%44,613.75 339,613.75 356,594.44
02/01/2027 315,000.00 2.200%38,722.50 353,722.50 371,408.63
02/01/2028 325,000.00 2.350%31,892.50 356,892.50 374,737.13
02/01/2029 330,000.00 2.450%24,316.25 354,316.25 372,032.06
02/01/2030 350,000.00 2.550%16,191.25 366,191.25 384,500.81
02/01/2031 365,000.00 2.700%7,290.00 372,290.00 390,904.50
Total $4,445,000.00 -$746,430.44 $5,191,430.44 $5,451,001.96
Significant Dates
Dated 12/29/2015
First Coupon Date 2/01/2016
Yield Statistics
Bond Year Dollars $36,327.61
Average Life 8.173 Years
Average Coupon 2.0547193%
Net Interest Cost (NIC)2.1770780%
True Interest Cost (TIC)2.1732568%
Bond Yield for Arbitrage Purposes 2.0368133%
All Inclusive Cost (AIC)2.3416907%
IRS Form 8038
Net Interest Cost 2.0547193%
Weighted Average Maturity 8.173 Years
Series 2015B GO TIF Ref B | SINGLE PURPOSE | 10/20/2015 | 10:31 AM
125
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126
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-066
Council Member _________________ introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
$4,445,000 General Obligation TIF Refunding Bonds, Series 2015B
A. WHEREAS, the City Council of the City of St. Anthony, Minnesota has heretofore determined that it
is necessary and expedient to issue the City's $4,445,000 General Obligation TIF Refunding Bonds,
Series 2015B (the "Bonds"), to effect a current refunding of the City’s HRA Tax Increment Revenue
Bonds (Silver Lake Village Project), Series 2006 in the City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its
independent financial advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as
follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of
the Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:00 P.M. on December 8, 2015, for the
purpose of considering proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for the
Bonds and to execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by City Council Member
_______________________ and, after full discussion thereof and upon a vote being taken thereon, the
following City Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
127
Adopted this 10th day of November, 2015.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
128
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Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
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S:\1Council Meetings\2015\11102015\LTR-Stormwater facility hmcc-agreement-101515.docx
October 15, 2015
Honorable Mayor, City Council, and Staff
C/O Mark Casey, City Manager
City of St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Cooperative Agreement between the City of St. Anthony Village and City of Minneapolis for the
St. Anthony Research Facility
WSB Project No. 1626-75
Dear Honorable Mayor, City Council, and Staff:
Attached for your consideration is a cooperative agreement between the City of St. Anthony Village and
the City of Minneapolis for the ownership and operation of the St. Anthony Research Facility located in
the City of Minneapolis in the vicinity of Lowry Avenue and County Road 88. This cooperative
agreement includes the following language for your consideration:
1. The City of St. Anthony Village will take ownership of the storm sewer system for approximately
300 feet south of the City limits.
2. The City of St. Anthony Village would maintain ownership of the research facility and would be
the MS4 Permit Operator of the system under the NPDES rules for the Minnesota Pollution
Control Agency. This allows Mississippi Watershed Management Organization (MWMO) from
becoming a regulated NPDES MS4 Permit holder.
3. This agreement also outlines the requirements for changes and/or alterations or
decommissioning of the system in the future.
4. The City of St. Anthony and the MWMO will have a separate agreement for the operation and
maintenance of the facility. This agreement will be presented at a future Council Meeting.
This cooperative agreement is anticipated to be on your November 10, 2015 Council Meeting Agenda. If
you have any questions feel free to call me at 763-287-7182 or I will be in attendance at your Council
Meeting to answer any questions.
Sincerely,
WSB & Associates, Inc.
Todd Hubmer, PE
City Engineer
Attachments
ef
129
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130
COOPERATIVE AGREEMENT
For the St. Anthony Stormwater Treatment and Research Facility
City of Minneapolis
City of St. Anthony
Date:
October 14, 2015
131
COOPERATIVE AGREEMENT
For the St. Anthony Stormwater Treatment and Research Facility
This Cooperative Agreement is made on this ___ day of __________, 2015, by and
between the City of Minneapolis (hereinafter referred to as "Minneapolis") a Minnesota home
rule charter city pursuant to the laws and Constitution of the State of Minnesota; the City of St.
Anthony Village (hereinafter referred to as "City of St. Anthony ") a Minnesota home
rule/statutory city pursuant to the Constitution and laws of the State of Minnesota.
Recitals and Statement of Purpose
WHEREAS, the facility that is the subject of this agreement will provide treatment of
stormwater runoff from the City of St. Anthony prior to discharge into the City of Minneapolis
storm sewer system and the Mississippi River as shown in the attached appendix; and,
WHEREAS, this facility is intended to frequently change treatment processes to provide
research of emerging stormwater technologies to improve the quality of stormwater discharged
from urban land uses; and,
WHEREAS, the location and dimension of the research facility is shown in the attached
exhibit; and,
WHEREAS, the proposed project location is outside the St. Anthony City limits, but
within the limits of the City of Minneapolis; and,
WHEREAS, the City of Minneapolis will transfer ownership of that segment of storm
sewer located from the southernmost manhole of the treatment structure to the municipal
boundary to the City of St. Anthony: and,
WHEREAS, the treatment site is located on Hennepin County right-of-way in the City of
Minneapolis.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties that
they enter into this Cooperative Agreement in order to document the understanding of the parties
as to the scope of the entire project; reaffirm the commitment of each party as to the general
responsibilities and tasks to be undertaken by each party; establish procedures for performing
these tasks and responsibilities; and facilitate communication and cooperation among the parties
to ensure successful completion of the project, in order to achieve the ultimate goal of improving
water quality in the Mississippi River.
132
AGREEMENT
1. General Responsibilities and Performance Guidelines
The Project involves numerous specific tasks to be performed by the parties. Each party
agrees to fulfill the general responsibilities assigned to it as described below. Each party shall
retain the final approval authority concerning the implementation of these responsibilities
assigned to it, consistent with its obligations under this Agreement, but shall provide all other
parties the opportunity for review and comment on the particular design, plans, and
specifications, and implementation for which the party is responsible, as set forth in this
Agreement. The parties agree to perform all their tasks in a manner consistent with the
following guidelines in order to facilitate cooperation and communication among the parties:
1.1 All designs, written material, technical data, research and any other work-in-
progress shall be available for review and copying by any party regardless of whether the
requesting party shares any responsibility for performing the specific task to which the materials
relate.
1.2 For tasks which involve the development or preparation of any preliminary
materials such as plans, designs, written drafts or demonstration materials, as soon as it is
practicable the party preparing such materials will provide them to the project partners for review
and comment as provided in this agreement.
1.3 Each party shall be responsible for pursuing whatever actions (ordinances,
resolutions, public hearings, etc.) by its governing body which may be necessary to authorize or
approve any particular task.
1.4 The City of St. Anthony shall maintain ownership of the treatment and storm
sewer system as previously described. As such, the City of St. Anthony shall be the designated
NPDES MS4 permit holder for this treatment system and the associated stormwater system. The
discharge from this facility must be compliant with the MS4 permit requirements.
1.5 The City of St. Anthony will provide the City of Minneapolis with annual
inspection and maintenance reports to demonstrate compliance with MS4 permit requirements
and that the facility is in good working condition.
2. Organizational Structure and Responsibilities
Each of the parties entering into this agreement shall have distinct responsibilities in the
organization and structure of the operation of the St. Anthony Treatment and Research Facility.
This organizational structure and responsibilities include:
2.1 Ownership of St. Anthony Stormwater Treatment and Research Facility
The ownership of the St. Anthony Stormwater Treatment and Research Facility shall
remain with the City of St. Anthony even though physically located within the City of
133
Minneapolis city limits. This shall include that segment of the storm sewer from the
southernmost manhole of the treatment structure to the municipal boundary.
2.2 Operations and Maintenance
Operations and Maintenance of the St. Anthony Treatment and Research Facility shall be
the responsibility of the City of St. Anthony. The City of St. Anthony will be entering into an
agreement with the MWMO to assist in the on-going operation, monitoring and maintenance of
this facility. The City of St. Anthony anticipates MWMO staff to be on site at regular intervals
to collect monitoring samples, complete maintenance, and inspect system performance. In
addition, St. Anthony Public Works will also be on-site at regular intervals to assist with
maintenance and inspection needs.
Emergency assistance and response to operational or failed operation of the system shall
be directed immediately to the City of St. Anthony Public Works department.
2.3 Operational Changes or Improvements to the Project Site
Minneapolis shall maintain permit approval over the site for any future changes or
modifications to the portion of the facility located within the City of Minneapolis. The City of
St. Anthony shall submit proposed site changes to Minneapolis, and other agencies as required
and follow the appropriate permitting processes as established by Minneapolis for the proposed
project improvements.
3. Dispute Resolution
In the event disputes arise between the parties with regard to rights and responsibilities
under this Agreement, the parties agree to first attempt to resolve the dispute among themselves
through informal discussions between their respective line level and other staff persons. If the
dispute cannot be resolved through this process, either party to this agreement can send a written
notice of dispute signed by the Public Works Director (or equivalent) of that party invoking
dispute resolution procedures while specifically referring to this paragraph of this agreement.
The parties shall promptly begin discussion between their respective supervisory level staff to
define and resolve the dispute. Within 30 days of receipt of the written notice of dispute, the
Minneapolis Director of Public Works (or fully empowered designee) and the City Manager for
St. Anthony (or fully empowered designee) shall meet at the office of the party receiving the
notice of dispute (or other agreed location) at a reasonable time during regular business hours,
Each such official shall assure that staff with direct knowledge of the issue in dispute are present.
The parties shall negotiate in good faith to resolve the problem. If the dispute cannot be resolved
in this manner, it shall be presented to each of the City Councils at the next regular meeting of
each City Council or the appropriate committee thereof. If the dispute cannot be resolved by the
respective City Councils, the parties agree to promptly refer the dispute to an independent third
party mediator trained in providing mediation services. The parties shall share the costs of this
mediation equally. The mediator shall be selected by alternatively striking names from a list of
six persons trained to provide mediation services (three names added to the list by each party)
until only two names are left. If the parties cannot agree on one of the two remaining names, the
134
mediator shall be determined by a coin flip. The party to strike first shall also be determined by
coin flip. If the dispute cannot be resolved following settlement negotiations conducted with the
assistance of the trained mediator, the parties may then freely resort to any remedies they may
have at law or in equity.
4. Termination
The City of Minneapolis and City of St Anthony may at any time agree to decommission
the facility on terms agreeable to both. In the absence of such a decommissioning agreement or a
written extension of this agreement by the parties, this agreement shall terminate on December
31, 2065. This is estimated to approximate the useful life of the facility. If a decommissioning
agreement, extension agreement or other successor agreement is not reached, the City of St.
Anthony shall be responsible for providing and transferring to the City of Minneapolis, prior to
the termination of this agreement on December 31, 2065, a legal and regulatory compliant
stormwater facility sufficient to handle flow entering Minneapolis from St. Anthony.
5. Amendments
This Agreement may be amended only by a writing signed by all of the parties hereto.
6. Notice
Notices to the parties to this Agreement shall be given by electronic delivery, hand
delivery or first class mail addressed to the City of Minneapolis Director of Public Works for
Minneapolis and the City Manager for St. Anthony, or such other persons as the party may
designate.
135
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement
on the 10th day of November, 2015.
FOR THE CITY OF MINNEAPOLIS
Approved as to Form
By: __________________________________
Assistant City Attorney
Approved _____________________________
Department Head responsible for Contract
Monitoring for this contract
Countersigned: ________________________
Finance Officer Designee
CITY OF ST. ANTHONY VILLAGE
a body corporate
By ___________________________
Jerome O. Faust, Mayor
Attest _________________________
Mark Casey, City Manager
Dated _________________________
136
APPENDIX A
Project Location and Limits
137
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138
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-067
A RESOLUTION APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE
CITY OF ST. ANTHONY AND THE CITY OF MINNEAPOLIS FOR THE ST.
ANTHONY RESEARCH FACILITY
WHEREAS, the City of St. Anthony and the City of Minneapolis have agreed that the City of
St. Anthony will retain ownership of the St. Anthony Research Facility located in
the City of Minneapolis approximately 300 feet south of the City limits; and
WHEREAS, the City of St. Anthony will be the MS4 Permit Operator of the system under the
NPDES rules for the Minnesota Pollution Control Agency; and
WHEREAS, the City of St. Anthony and the MWMO will have a separate agreement for the
operation and maintenance for the facility.
NOW, THEREFORE BE IT RESOLVED, that the St. Anthony Village City Council approves
the Cooperative Agreement with the City of Minneapolis for the St. Anthony Research Facility.
Adopted this 10th day of November, 2015.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
139
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140
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-068
CANVASSING BOARD RESOLUTION
WHEREAS, on November 3rd, 2015, a general election was held in the City of St.
Anthony for the offices of Mayor and Council Member and;
WHEREAS, the candidates received the number of votes specified in the Abstract of
Votes attached to this Resolution; Now, Therefore, Be It
RESOLVED that Jerry Faust, having received the greatest number of votes for the office
of Mayor is hereby declared to be elected; and be it further
RESOLVED, that Bonnie Brever and Hal Gray, having receiving the greatest number of
votes for the office of Council Member are hereby declared to be elected; and be it
further
RESOLVED, that the City Clerk is hereby directed to transmit a certified copy of these
results to the County Auditors of Ramsey and Hennepin counties.
Adopted this 10th day of November, 2015.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
141
Abstract of Votes Cast
In the Precincts of the City of St. Anthony
State of Minnesota
at the Municipal General Election
Held Tuesday, November 3, 2015
as compiled from the official returns.
Summary of Totals
City of St. Anthony
Tuesday, November 3, 2015 Municipal General Election
Number of persons registered as of 7 a.m.5775
Number of persons registered on Election Day 9
Number of accepted regular, military, and overseas absentee ballots and mail ballots 44
Number of federal office only absentee ballots 0
Number of presidential absentee ballots 0
Total number of persons voting 338
Abstract print version 11606, generated 11/6/2015 11:22:17 AM Page 1 of 6
Abstract print version 11606, generated 11/6/2015 11:22:17 AM
KEY TO PARTY ABBREVIATIONS
NP - Nonpartisan
Mayor (St. Anthony)
NP
JERRY FAUST
296
WI
WRITE-IN**
13
Council Member (St. Anthony) (Elect 2)
NP
BONNIE BREVER
316
NP
HAL GRAY
268
WI
WRITE-IN**
7
Summary of Totals
City of St. Anthony
Tuesday, November 3, 2015 Municipal General Election
Page 2 of 6
Detail of Election Results
City of St. Anthony
Tuesday, November 3, 2015 Municipal General Election
Precinct Persons Registered
as of 7 A.M.
Persons Registered
on Election Day
Total Number of
Persons Voting
27 2765 : ST ANTHONY P-01 1499 2 87
27 2770 : ST ANTHONY P-02 2350 1 170
62 0530 : ST ANTHONY P-1 1926 6 81
City of St. Anthony Total:5775 9 338
Page 3 of 6
Detail of Election Results
City of St. Anthony
Tuesday, November 3, 2015 Municipal General Election
Office Title: Mayor (St. Anthony)
Precinct NP
JERRY FAUST
WI
WRITE-IN**
27 2765 : ST ANTHONY P-01 74 5
27 2770 : ST ANTHONY P-02 145 8
62 0530 : ST ANTHONY P-1 77 0
Total:296 13
Office Title: Council Member (St. Anthony) (Elect 2)
Precinct NP
BONNIE BREVER
NP
HAL GRAY
WI
WRITE-IN**
27 2765 : ST ANTHONY P-01 81 64 3
27 2770 : ST ANTHONY P-02 163 138 4
62 0530 : ST ANTHONY P-1 72 66 0
Total:316 268 7
Page 4 of 6
We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each
office voted on, and have specified the number of votes for and against each question voted on, at the Municipal General Election held on Tuesday, November 3, 2015
As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of St.
Anthony Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________,
2015.
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
Page 5 of 6
State of Minnesota
City of St. Anthony
I, __________________________________________________, Clerk of the City of St. Anthony do hereby certify the within and foregoing __________________ pages to be a
full and correct copy of the original abstract and return of the votes cast in the City of St. Anthony Municipal General Election held on Tuesday, November 3, 2015.
Witness my hand and official seal of office this ________ day of ________________, 2015.
______________________________________________
Page 6 of 6
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142
Date Type Staff Present
November 24 Regular
Ordinance Setting Water & Sewer Rates for 2016 - 2nd Reading
Presentation of St. Anthony Police Reserve program
CenturyLink Franchise Agreement-2nd Reading
Fire Prevention Poster Winners
City Council
City Manager
Finance Director
Police Dept
Fire Dept
November 30 Special
5:30pm Worksession City Council
City Manager
December 8 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorinzing Transfers & Closing of Specified Funds
Setting the 2016 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Ordinance Setting the Water& Sewer Rates for 2016 - final reading
2016 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
CenturyLink Franchise Agreement-3rd Reading & Adoption
Wine/Strong Beer Liquor License-Catrinas 2510 Kenzie Terrace
2016 Fee Schedule
City Council
City Manager
Finance Director
December 14 Special
5:30pm Worksession City Council
City Manager
December 22 Regular City Council
City Manager
January 12 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
Swearing in of new Police Officer
City Council
City Manager
Police Chief
January 14 & 15 Special Goal Setting
City Council
City Manager
Department Heads
January 26 Regular
City Council
City Manager
City Engineer
February 9 Regular
Planning Commission items from January
2015 Administrative Annual Report
Adoption of Planning Commission Work Plan (motion only)
2016 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
February 23 Regular City Council
City Manager
March 8 Regular
Planning Commission Items from February
2016 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
2016 Strategic Plan (motion only)
City Council
City Manager
March 14 Special
5:30 p.m.Joint Meeting with Parks Commission
City Council
City Manager
FUTURE COUNCIL AGENDA ITEMS
2015
2016
143
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
March 22 Regular Adoption of Parks Commission Work Plan (motion only)City Council
City Manager
March 28 Special
5:30pm Joint meeting with Planning Commission City Council
City Manager
April 12 Regular
Planning Commission Items from March
2016 Street Project Accept Offer for Bonds, Approve Sale of Bonds
Quarterly Donations & Grants
City Council
City Manager
April 26 Regular 1st Quarter Goals Update City Council
City Manager
May 10 Regular Planning Commission Items from April
Recognition of Chamber's Villager and Business of the Year
City Council
City Manager
May 24 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
June 14 Regular Planning Commission Items from May
Order Feasibility Report for 2017 Street Project
City Council
City Manager
City Engineer
June 28 Regular Audit Presentation City Council
City Manager
Finance Director
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
VillageFest Presentation
City Council
City Manager
July 26 Regular Night to Unite Presentation
Night to Unite Proclamation
City Council
City Manager
Police Chief
August 9 Regular
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 23 Regular Budget Presentation
Liquor Operations Mid-Year Report
City Council
City Manager
Liquor Op Mgr
Finance Director
September 13 Regular
Planning Commission items from August
2017 Preliminary Operating Budget and Levy-Public Hearing
2017 Street Project Accept Feasiblity Report, Order Plans and Specifications
City Council
City Manager
Finance Director
September 27 Regular
Fire Prevention Presentation
Kiwanis Peanut Day
City Council
City Manager
Fire Dept
October 11 Regular
Planning Commission items from September
Quarterly Donations & Grants
Certification of Delinquent Accounts
City Council
City Manager
October 25 Regular
Quarterly Goals Update
Fire Relief Ratifying Pension Benefit
Ordinance Setting Fees for 2016 - 1st Reading-Public Hearing
City Council
City Manager
144
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
November 8 Regular 2016 General Election
City Council
City Manager
November ?Regular
Canvass Election Results from the November 8th General Election
Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing
City Council
City Manager
Items Pending:
~ Worksessions
145