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2016-03-15 Council Packet1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA March 15, 2016 — 7:00 pm Mendota Heights City Hall 5. Consent Agenda a. Approval of March 3, 2016 City Council Minutes b. Accept January 12, 2016 Parks & Recreation Commission Minutes c. Accept 2015 Parks & Recreation Annual Report d. Approve Resolution 2016-02, Accept Donation for AED e. Approve Resolution 2016-21, Participation In All Hazard Mitigation Planning Process f. Approve Resolution 2016-25, Authorize Grant Agreement with MN Department of Public Safety g. Approve Resolution 2016-23, Authorizing a Right of Entry Permit for City Owned Property Granted to MnDOT h. Approve Personnel Action Items i. Acknowledge February 2016 Building Activity Report j. Approve of Out of State Travel k. Approve of Claims List 6. Public Comments 7. Presentations a. Recognition of Jane Hulse, Distinguished Finalist for the Prudential Spirit Community Award 8. Public Hearings a. CenturyLink Cable Television Franchise Ordinance 1. Resolution 2016-23 CenturyLink Franchise Findings of Fact 2. Ordinance 493 Granting a Franchise Agreement to CenturyLink (majority vote) and approving the summary publication (4/5 vote) 9. New and Unfinished Business a. Approve 2016 Contract for Pilot Knob Management b. Approval of License Agreement for the Rogers Lake Property Owners Association to Utilize a Portion of Wagon Wheel Trail Right -of -Way (tabled from 3-3-2016) c. Resolution 2016-22, Adopting Fees and Policies Relating to the Issuance of Tax - Exempt Conduit Debt d. Authorize Volunteer Fire Reserve Group e. Establish Workshop Dates 10. Community Announcements 11. Council Comments 12. Adjourn page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, March 3, 2016 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Petschel, and Norton. Absent: Councilmember Povolny. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Norton moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a.) Approval of February 16, 2016 Council Minutes; h.) Adopt Resolution 2016-12, Designation of Municipal State Aid Streets; j.) Approve Purchase Order for Street Sweeping; k.) Adopt Resolution 2016-20, Call for Public Hearing on MnDOT Highway 110 Rehabilitation Project and Request Local Government Approval; and 1.) Approval of Right -of -Way License Agreement for Rogers Lake Property Owners Association. a. Approval of February 16, 2016 City Council Minutes b. Approval of February 16, 2016 City Council Workshop Minutes c. Approval of February 17, 2016 City Council Special Meeting Minutes *Councilmember Duggan abstained on items a, b, and c d. Acknowledgement of February 10, 2016 Airport Relations Commission Minutes e. Acknowledgement of February 23, 2016 Planning Commission Minutes f. Adopt Resolution 2016-17, Extend Sprint Nextel Cell Tower Lease g. Adopt Resolution 2016-18, Acknowledging Sale of Surplus Equipment page 4 h. Adopt Resolution 2016-12, Designation of Municipal State Aid Streets i. Denial of a Street Light Installation at Victoria Road and Douglas Road j. Approval of a Purchase Order for Spring Street Sweeping k. Adopt Resolution 2016-20, Calling for a Public Hearing on the MnDOT Highway 110 Rehabilitation Project and Request for Local Government Approval 1. Approval of a Right -of -Way License Agreement for the Rogers Lake Property Owners Association to provide Landscaping Along Wagon Wheel Trail m. Acknowledgement of January 2016 Fire Synopsis n. Approval of January 2016 Treasurer's Report o. Approval of Claims List Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) PULLED CONSENT AGENDA ITEM A) APPROVAL OF FEBRUARY 16, 2016 CITY COUNCIL MINUTES Councilmember Petschel noted a correction to be made to the February 16, 2016 City Council Minutes. It was mistakenly reported that she has served for the last year and half on the Noise Oversight Committee (NOC); it should have read that she has served for the last five years and chaired for the last year and a half. Councilmember Petschel moved to approve the February 16, 2016 City Council Minutes as amended. Councilmember Norton seconded the motion. Ayes: 3 Nays: 0 Absent: 1 (Povolny) Abstain: 1 (Duggan) H) ADOPT RESOLUTION 2016-12, DESIGNATION OF MUNICIPAL STATE AID STREETS Public Works Director John Mazzitello explained that as part of Mendota Height's street network, the City is allowed to designate a certain percentage of its streets as `municipal state aid streets' (MSA), provided they meet certain criteria. Mendota Heights is allowed to designate up to 20% of its road network as Municipal State Aid streets provided they meet this criteria. Staff has reviewed the mileage for the coming year with the addition of Lemay Shores Avenue, which allowed staff to add Center Point Curve to the MSA system (the frontage between Lexington and Highway 13 on the south side of Highway 110). Councilmember Duggan moved to adopt Resolution 2016-12, ESTABLISHING MUNICIPAL STATE AID STREETS. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) page 5 J) APPROVAL OF A PURCHASE ORDER FOR SPRING STREET SWEEPING Councilmember Petschel asked for clarification on taking the lowest bid if the City feels they have been an underperformer in the past. Public Works Director Mazzitello replied that the contract this year is very specific; the company is required to provide four street sweepers, they have to complete the work within a specified timeframe. There are also penalties written into the contract. Staff is comfortable working with the low bidder again this year given the conditions of the contract. Councilmember Duggan asked for the contributing factors for significant increase in the cost. Mr. Mazzitello replied that the proposal asked the contractors to bid for a total of 240 hours. It actually took 172 hours to do the work last year. Since the City is going to be billed by the hour, the total cost of the street sweeping should be lower than what was bid. Councilmember Duggan moved to authorize a purchase order to Pearson Bros, Inc. for the 2016 street sweeping contract. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) K) ADOPT RESOLUTION 2016-20, CALL FOR PUBLIC HEARING ON THE MNDOT HIGHWAY 110 REHABILITATION PROJECT AND REQUEST FOR LOCAL GOVERNMENT APPROVAL Public Works Director John Mazzitello explained this resolution calls for a public hearing to be held on April 5, 2016, which is part of the requirements of the Highway110 rehabilitation project. If any access changes will be made to the highway, then MnDOT needs to receive municipal consent from the City Council. One of the accesses being considered for closure is the right in/right out at SuperAmerica. Mr. Mazzitello stated that the modifications planned for the entrance into the Crown Point subdivision are in the median, so that will not be a part of the discussion. The right in/right out at Mendota Plaza will be driven by the next phase of the Mendota Plaza development. Mayor Krebsbach asked if the Council could object if it so chose. Engineer Mazzitello replied that there would be three options presented on April 5, 2016: to grant municipal consent; to abstain from municipal consent (not giving approval but not denying it either); or deny municipal consent. Councilmember Duggan requested that staff notify the businesses that would be impacted by the loss of the right in/right out. Mr. Mazzitello noted that the Department of Transportation had extensive conversations with the businesses that will be impacted by the construction project. Councilmember Duggan moved to adopt Resolution 2016-20, CALLING FOR PUBLIC HEARING ON MN DOT PROJECT TO REHABILITATE TRUNK HIGHWAY 110 AND REQUEST FOR LOCAL GOVERNMENT APPROVAL. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) page 6 L) APPROVE RIGHT-OF-WAY LICENSE AGREEMENT FOR THE ROGERS LAKE PROPERTY OWNERS ASSOCIATION TO PROVIDE LANDSCAPING ALONG WAGON WHEEL TRAIL Councilmember Petschel noted that there has been an issue in the past with the DNR not limiting fishing at the culvert. This landscape plan, with the new plantings and the fencing around it, is going to constructively eliminate fishing at the culvert. She asked what the City's position is on that issue. Public Works Director Mazzitello replied that in the past staff has requested that the DNR put up signs to prohibit fishing at the culvert because of the public safety concern. The project that the Association is proposing would inhibit the ability to fish at the culvert but would not eliminate it. The hope is that by directing people to the fishing pier at Rogers Lake Park during the construction of the landscape improvements, the practice would remain after the plantings are completed. Mayor Krebsbach asked about the duration of the license. Engineer Mazzitello replied that the duration of this license would be at the City's discretion. Mayor Krebsbach then stated that she would like to see a renewal date in the agreement and she would like to see the landscaping plan. Councilmember Duggan moved to table the license agreement with the Rogers Lake Property Owners Association to the March 15, 2016 City Council Meeting to allow for staff to include a renewal date in the agreement and to provide the landscaping plan. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) PUBLIC COMMENTS Mr. Art Mulvihill, 1154 Orchard Place, stated that when the new street was put in, it was lowered, which gives him struggles to get in his driveway. He asked why the grade of the street was changed and requested that it be put back to the original grade. The street includes a surmountable curb and gutter. He has never had a drainage problem on his property until 1993 and he requested the City Council to take care of it. Mayor Krebsbach noted that staff and Council are aware of this issue. City Attorney Andrew Pratt agreed to work with Public Works Director John Mazzitello to try and resolve this issue. PRESENTATIONS A) RECOGNITION OF PLANNING COMMISSIONER VIKSNINS Mr. Ansis Viksnins, who served on the Planning Commission from 2007 to 2016, was recognized for his service to the City of Mendota Heights. Mayor Krebsbach and Planner Nolan Wall presented Mr. Viksnins with a plaque expressing the City's appreciation. page 7 B) FUTURE CITIES COMPETITION — FRIENDLY HILLS MIDDLE SCHOOL TEAM PRESENTATIONS Public Works Director John Mazzitello and Friendly Hills Middle School Teacher Ms. Crystal Mielke introduced the teams from Friendly Hills Middle School who participated in the Future Cities Competition, sponsored by the American Society of Civil Engineers. This year's theme was "Waste Not, Want Not" and challenged the students to effectively handle solid waste in their City, utilizing the four R's (Reduce, Reuse, Recycle, and Rot). Each team was asked to name three aspects of their city. The teams that presented included: • Team Viva El Paco -located in the rainforest in Costa Rica, the year is 4242, energy is provided by burning waste, which powers an electromagnetic turbine, transportation is by gondolas and bridges, uses automated tube system to sort the trash • Team Oceanside Villa - the city is floating above the ocean, uses a system which has tubes coming down from the city, sucking up the water from the ocean and pushes the city up into the air, one way of disposing of waste is by using mealworms, dead beetles are burned for energy, also use partacra cycling, using the Law of Conservation of Mass • Team Ways Willow - located off of the coast of Brazil, under water with a dome, use a bio - energy transit machine (BETM), which burns waste and turns it into energy for the city, in case of a breakdown in the BETM there is a waterwheel that can be used, which is another energy source, the waterwheel uses the current from the ocean water outside of the dome, sewage goes into the agricultural building and is used as fertilizer C) ROGERS LAKE WATER QUALITY REPORT — ST. THOMAS ACADEMY Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor, introduced students from St. Thomas Academy to present their findings of the fall 2015 Chemical Assessment of Rogers Lake. The trend over the years shows that Rogers Lake is healthy and continues to get healthier. The last three years has been some of the lake's healthiest years on record. The three areas to watch are biochemical oxygen demand, phosphates, and total solids. Councilmembers asked questions regarding how the samples sites are tested, if the numbers are averaged, and what possible changes could be seen with the implementation of the landscaping plan discussed earlier in this meeting. D) NDC4 — PROPOSED CENTURYLINK CABLE TELEVISION FRANCHISE ORDINANCE Assistant to the City Administrator Tamara Schutta explained that on February 23, 2016, NDC4 adopted a resolution recommending that each member city grant a cable franchise to CenturyLink. She then introduced NDC4 Executive Director Jodie Miller and Brian Grogan, legal counsel for NDC4, to provide a presentation of the draft franchise ordinance and agreement. page 8 The seven member cities include Inver Grove Heights, Lilydale, Mendota, Mendota Heights, Sunfish Lake, South St. Paul, and West St. Paul. Ms. Miller stated that the Cable Commission has been working with CenturyLink on the possible granting of a cable franchise in the seven -city area. The role of NDC4 Cable Commission is to bring the recommended ordinance before each city council for their consideration. Mr. Brian Grogan, an attorney with Moss & Barnett, provided a presentation to the Council explaining the Federal Cable Act, the background on the Comcast franchise, a background on CenturyLink, the proposed franchise term, the system build out plan, the PEG Channels, and the NDC4 staff and legal counsel recommendation. The recommendation of the Cable Commission was to approve the franchise ordinance as drafted. A public hearing on this franchise ordinance is scheduled for the March 15, 2016 City Council meeting. No items scheduled. PUBLIC HEARING NEW AND UNFINISHED BUSINESS Councilmember Petschel moved to amend the agenda by acting on item 9B before item 9A. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) B) RESOLUTION 2016-19, GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2017 Assistant to the City Administrator Tamara Schutta explained that NDC4, who manages the current Comcast franchise, extended the franchise agreement last year with a deadline of March 31, 2016. Because NDC4 is still in negotiations with Comcast, they have asked the City to extend the franchise agreement to March 31, 2017. Councilmember Duggan recommended a small grammatical amendment to the resolution. Councilmember Duggan moved to approve Resolution 2016-19, GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO MARCH 31, 2017 as amended. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) page 9 A) ORDINANCE 491, CONCERNING DEFINITIONS AND INDUSTRIAL DISTRICT USES, PLANNING CASE 2016-04 Planner Wall explained the proposed amendments to Title 12, Chapter 1, Articles B and G of the City Code concerning definitions and industrial district uses. The City finalized the Industrial District Redevelopment Plan and is proceeding with implementing several recommendations that were included in that plan. The Planning Commission held a public hearing at their meeting in January and again in February. Their proposed recommendations were encompassed in the draft ordinance being presented. Planner Wall reviewed each section of the proposed ordinance and received suggestions and comments from Councilmembers. Under Title 12 -1G -1-A: Permitted Uses, Mayor Krebsbach stated she opposes adding "governmental buildings and structures" as a permitted use to address the existing public works garage. She recommended using "municipal buildings and structures". Councilmember Petschel concurred. Mayor Krebsbach stated she opposes the change proposed for the "trade schools, colleges, and universities permitted use" and would like to see it designated as a conditional use or not allowed in the Industrial District. Councilmember Petschel stated she would like to leave schools as stated in the proposed ordinance. Councilmember Norton stated the issue of allowing or not allowing schools in the Industrial District is a topic that should be discussed at a Council workshop. Mayor Krebsbach recommended removing the paragraph related to Massage Therapy Services for purposes of a teaching program as a conditional use, since there is no need to call out a specific program. Councilmembers Norton and Petschel recommended discussing the school use issue at a workshop meeting. Councilmember Petschel inquired about a fast food restaurant being incorporated inside a motor fuel station convenience store. Planner Wall stated it would potentially be allowed if it is incorporated inside a convenience store. Councilmember Duggan moved to adopt ORDINANCE 491 CONCERNING DEFINITIONS AND USES IN THE INDUSTRIAL DISTRICT with three minor non -substantive changes as discussed. Councilmember Norton seconded the motion. Ayes: 3 Nays: 1 (Krebsbach) Absent: 1 (Povolny) COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • March 9th is the Airport Commission Open House at 7:00 p.m., which will be broadcast. MAC and FAA will be on hand to talk about noise issues, airport development, and other questions residents may have. • The latest Heights Highlights newsletter has recently been delivered to residents. • Summer recreation programs are now listed on-line and registration will begin March 14, 2016. page 10 COUNCIL COMMENTS Councilmember Petschel noted that she, Councilmember Norton, Chief of Police Michael Aschenbrener, and Assistant to the Administrator Tamara Schutta attended a program through Dakota County on the management of local emergencies and disasters and what the role of elected officials is in those cases. She also mentioned the issue of Delta Airline's direct flights to Tokyo being in jeopardy. Councilmember Duggan wished everyone a Happy St. Patrick's Day. He also mentioned that on Easter Monday in 1916, Ireland decided to push England out of Ireland; known as a rising. Almost 100 years later Ireland is doing OK. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) Mayor Krebsbach adjourned the meeting at 9:19 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING January 12, 2016 The December meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 12, 2016 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Hinderschied, Commissioners: Stephanie Levine, Jack Evans, Joel Paper, Ira Kipp David Miller and Michael Toth. Staff present: Recreation Programmer Sloan Wallgren. Approval of Agenda COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER PAPER SECONDED THE MOTION. AYES 6: NAYS 0 Approval of Minutes from December 8, 2015 COMMISSIONER PAPER MADE A MOTION TO APPROVE THE MINUTES FROM THE December 8, 2016 MEETING; COMMISSIONER MILLER SECONDED THE MOTION. AYES 6: NAYS 0 Announcements Mr. Wallgren announced that registration will soon be open for Mendota Heights Youth Athletic Association T -ball, lacrosse, and in-house baseball & softball. Winter Recreation Activities Mr. Wallgren update the commission on all of the winter activities that are taking place such as: hockey, skating lessons, and gymnastics lessons, cross country skiing and fat tire biking. Mendota to Lebanon Hills Greenway Mr. Wallgren updated the commission on the status of the Dakota County Mendota to Lebanon Hills Greenway Regional Trail. The council has expressed their desire of the type of crossing and the location of the crossing. Staff would update the commission when more information becomes available from Dakota County. Election of Chair and Vice -Chair Mr. Wallgren informed the commission that they should start to think about electing a Chair and Vice -Chair at their next meeting. Chair Hinderscheid indicate that he would be happy to serve as Chair again unless another individual was interested. City Wide Trail Plan Staff informed the commission that they would be seeking approval from the council to apply for a grant to help update the City Wide Trail Plan. As part of the grant, a separate study would look at Dodd Road and the opportunities for implementing bike/pedestrian trails near Dodd Road in the future. MH Parks and Recreation Commission 1-12-2016 Page 1 page 12 2015 Activity Log Chair Hinderscheid provide the commission with a copy of the activity log from the past year. He highlighted some of the accomplishments in the past year such as: adding two student representatives to the commission, the new warming house at Marie Park, new tennis court surface at Ivy Hills Park, the canoe rack at Rogers Lake Park, the new hockey boards at Wentworth Park and the Off -Leash Dog Area. Commission Comments Commissioner Miller was glad to see a list of all the things that have gotten accomplished over the last year and was glad to see the plans for the future. Commissioner Levine thanked the council for adopting the Pollinator -Friendly resolution. Commissioner Toth encouraged everyone to be safe out on the ice, and stay off when it is not safe. Commissioner Paper thanked Commissioner Evans for his service and encouraged everyone to get out and use the rinks. Commissioner Evans thanked everyone for the jobs they did, he enjoyed his time on the Parks Commission. He also enjoys living in Mendota Heights and is excited for the future of Mendota Heights. Commissioner Kipp thought it was a good meeting. Chair Hinderscheid thanked Commissioner Evans for being involved with commission. He also thanked Cindy Johnson and Sue Light, who are both Master Gardener and residents of Mendota Heights, for meeting with members of the commission before the meeting. COMMISSIONER PAPER LEVINE A MOTION TO ADJURN THE MEETING. COMMISSIONER EVANS SECONED THE MOTION. AYES 7: NAYS 0 The meeting adjourned at 7:30 p.m. Respectfully Submitted by Sloan Wallgren MH Parks and Recreation Commission 1-12-2016 Page 2 page 13 Mendota Heights Parks & Recreation 2015 Annual Report Mendota Heights Parks & Recreation Department m 1 page 14 Mission Statement The mission of Mendota Heights Parks & Recreation Department is to provide facilities, activities, and parklands to enrich the lives of residents and vistitors. Parks and Recreation Commission Members Jack Evans Pat Heinderscheid, Chair Ira Kipp Stephanie Levine David Miller Joel Paper Michael Toth Parks and Recreation Commission The Parks and Recreation Commission is a seven member advisory board to the city council on matters relating to parks and recreation including: • Plan and develop programs and activities. • Develop schedules of hours and fees for the use of recreational trails and park facilities. • Study possible government and private foundation grants available for the acquisition and development of park and trail facilities. • Develop plans for improvement and betterment of existing facilities. • Develop plans for acquisition of additional facilities. • Coordinate recreational trail and park activities with other community organizations and groups. • Promote public interest and understanding of the city's parks and trails activities Parks and Recreation Staff Public Works Director John Mazzitello Public Work Superintendent Terry Blum Assistant to the City Administrator...Tammy Schutta Recreation Program Coordinator Sloan Wallgren Parks Maintenance Lead John Boland Parks Maintenance Cliff Kirschner Parks Maintenance Mike Maczko Mechanic Nick Courteau The Parks and Recreation Department also employs 40 part-time seasonal employees. Mendota Heights Parks and Recreation Department 2 page 15 Parks Department Parks staff annually maintains more than 310 acres of public land. Facilities under the stewardship of the Parks Department included 8 picnic shelters, 1 fishing pier, 12 softball and baseball fields, 3 soccer fields, 1 sand volleyball court, 1 cross country ski trail, 3 hockey rinks, 4 skating rinks, 3 warming houses, 26 miles of trails, 11 playgrounds, to tennis courts, to basketball courts, an off -leash dog area and a skate park. Mendota Heights Parks • • • • • • • • • • • • • • • • Civic Center Copperfield Ponds Friendly Hills Park Friendly Marsh Park Hagstrom-King Park Historic Pilot Knob Ivy Hills Park Kensington Park Market Square Park Marie Park Mendakota Park Rogers Lake Park Valley Park Valley View Heights Park Victoria Highlands Park Wentworth Park State, Regional and Private Parks Fort Snelling State Park Harriet Island-Lilydale Regional Park Dodge Nature Center School District 197 Big Rivers Regional Trail River to River Greenway Mendota Heights Parks and Recreation Department 3 m� d.,..d City of Mendota Heights Parks and Trails Map LEGE GNO ''ii"15"8xtli rAu rasp r.. 6.0 .15.d. ge.gki.F7oAng 1....1•Anu..1..-mxa.4 Pi en F....ed.r.lm.....Vr.ae OM At O. 7ruff'ewaw[Ie.. 4f+ubel�ryAµ lf,V ra .00.45 -lLP udrxmd.eAnu.jrrvnrr mb Wawrr onsk-a nhenvi. curd. Nu: 'r•I.nk....rf1r dr,w.m...r veay rH d ay f're Nem . Rd Fif f3 ,'•y Ca,p LI da iv-, n MV - • 1 Pa � -- 1.13•10e Padf ali. Twl {g 4 Mix• •.• ... 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Cur ..SuM...g d W.- .m,.l ..na State, Regional and Private Parks Fort Snelling State Park Harriet Island-Lilydale Regional Park Dodge Nature Center School District 197 Big Rivers Regional Trail River to River Greenway Mendota Heights Parks and Recreation Department 3 page 16 2015 Parks Department Highlights • The Parks Department closed a gap in the trail system from Lilydale Road to Wachtler Ave along Hiway 13. • A 3 acre temporary Off -Leash Dog Area was established near Historical Pilot Knob and Acacia Cemetary • Parks staff continue to provide support and facilities for many community festivals and events. Park Facilities hosted the following large scale special events: Special Olympics 5K Mendota Heights Parks Celebration Cliff Timm Fishing Derby Numerous Baseball/Softball Tournaments • The city installed a new Sport Court tile system to the tennis courts at Ivy Hills Park. • The Marie Park warming house was rebuilt, and 4 pickelball courts were striped in the hockey rink. A canoe/kayak rack was built and installed at Rogers Lake Park. • New hockey boards were installed at Wentworth Park. Mendota Heights Parks and Recreation Department 4 page 17 Recreation Department Highlights The Recreation Department's main objectives are to provide recreation programs, events and activities, en- courage the use of parks and trails, and promote an active lifestyle. The Recreation Department partnered with Dakota County Budgeted Revenue =$50,000 to offer the Simple Steps Program. The Simple Steps Walking Actual Revenue=$48,000 Program is a great way to boost energy, reduce stress and • improve your health. Regular physical activity helps prevent Budgeted Expenses=$47,000 chronic diseases like diabetes, cardiovascular disease and cancer and can help you maintain a healthy weight. • Programs : in 2015 the Recreation Department offered: • 3 Adult Softball Leagues with over 35o participants • 20 Youth Tennis Programs with 260 participants • 12 Youth Field Trips with 40o participants • 12 Playground Programs with 27o participants ▪ 13 Youth Programs with 45o participants 22 Free Performances in the Park at Market Square Actual Expenses=$43,000 • During the 2014-2015 winter we had 5,000+ skaters use our three hockey rinks and four pleasure rinks. • New Programs included the Traveling Parks Program and Fishing Fridays. • Coordination of field use with the Mendota Heights Athletic Association for over 1,800 youth participants, as well as coordinate field use for St. Thomas Academy, Visitation, St. Joseph and Trinity. Mendota Heights Parks and Recreation Department 5 page 18 Volunteer Efforts—Park Partners Volunteers Helped steward Mendota Heights Parks, Trails and Green Spaces in 2015 through adopting parks and trails, beautifying community spaces and volunteering to clean up liter and debris. Park Volunteers keep Mendota Heights beautiful and a great place to live. • Henry Sibley Girl's Tennis Team cleaned up Rogers Lake Park as a fundraiser. • The Mendota Heights Mom's Club celebrated Earth Day by cleaning up the parks. • Volunteers from St. Thomas Academy helped to groom the cross coutry ski trail at the Par 3. • The Mendota Heights Mom's Club annually donates a tree to a park. In 2015 a tree was dontated and planted at Mendakota Park. • Volunteer helped to remove buckthorn from Valley Park. A bench was donated by Mr. Roland Flynn in memory of his wife. The bench is located along the bike/pedestrian trail at Lexington Ave & Avanti Drive. Mendota Heights Parks and Recreation Department 6 page 19 Mendota Heights Par 3 Golf Course The Mendota Heights Par 3 is a self-supporting enterprise. Revenues generated by the course as well as retained earnings pay for all expenses including depreciation, equipment replacement, and capital improvements. The Par 3 is a seasonal facility, generally opening in Mid -April and closing in Mid - November. Mendota Heights Par 3 • The Mendota Heights Par 3 had over 10,000 rounds of golf played in 2015. • The golf course offered four golf leagues for adults and five golf leagues for youth. In 2015 there were over 400 participants in our leagues. • The golf course hosted over 25 special events. • Over 25o youth participated in one of our 22 golf lesson programs. • The sport of footgolf continued to grow and there were over 4,000 rounds of footgolf played at the Par 3 this year. • In 2015 the golf course purchased new ball washers for the tee boxes. • Locals are gathering at the clubhouse to play cribbage and scrabble during the slower months. • Total revenue for 2015 was $167,253 and total expenses were $139,742 resulting in a net profit of $27,511. The Golf Course Fund has a year end cash balance of $62,000. • The golf course purchased a piece of equipement to verticut the greens. This has helped improve the health and quality of the greens. Mendota Heights Parks and Recreation Department 7 page 20 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor, Council and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: RESOLUTION 2016-02 ACCEPTING A GIFT TOWARD THE PURCHASE OF AN AUTOMATIC EXTERNAL DEFIBRILATOR (AED) COMMENT: BACKGROUND The City Auditor has advised that Minnesota State Statute 465.03 "Gifts to municipalities" requires all donations be acknowledged by Resolution. This memo meets Minnesota State Statutory requirements. We have received an amazing response from of our citizens to donate funds toward the purchase of new AED units. The donors include the following: 2015/16 AED DONATIONS NAME HONORARY OR MEMORIAL (if known) AMOUNT MARGIE SCHERZER MARVIN SCHERZER $3000.00 WINIFRED SCHUMI $ 500.00 ROBERT LINC $ 20.00 MAVIS KARN $ 50.00 PATTERSON DENTAL $4400.00 DALE JOHNSON 1N HONOR OF MHPD & MHFD $1500.00 page 21 STUART SIMEK $1230.00 NEIL GARLOCK $200.00 JOHN PETERSON $50.00 THOMAS KOEPKE $20.00 Total: $11,970.00 Thank you letters along with the resolution will be sent to all of our generous donors after the resolution has been passed. BUDGET IMPACT These were unbudgeted purchases with direction to seek community donations. RECOMMENDATION If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION 2016- 02 "FORMALLY ACCEPTING A GIFT TOWARD THE PURCHASE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED)." City of Mendota Heights Dakota County, Minnesota RESOLUTION 2016-02 ACCEPTING A GIFT TOWARD THE PURCHASE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) page 22 WHEREAS, the City of Mendota Heights desires to provide the highest level of care at emergency medical responses; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City of Mendota Heights encourages and supports citizens who wish to participate in government; and WHEREAS, the Mendota Heights Police and Fire Departments regularly respond to medical emergencies involving heart related problems; and WHEREAS, the police officers and fire fighters for the City of Mendota Heights are trained First Responders to use Automated External Defibrillators; and WHEREAS, our Medical Director Dr. Keith Wesley has advised our current Automated External Defibrillator units are no longer meeting the best practices level of care for cardiac incidents; and WHEREAS, it is the desire of the Mendota Heights Police and Fire Departments to provide the highest level of care to our citizens; and WHEREAS, in the First Responders have regularly had the opportunity to save lives using this equipment and desire to continue to provide the best care for our residents; and WHEREAS, the Medical Director recommends the same technology as is being used by our responding paramedics to assist in providing the best outcomes for our residents; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. page 23 NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights accepts the donations from the following donors towards for the purchase of AED units, priced at $1100 each. NAME HONORARY OR MEMORIAL (if known) AMOUNT MARGIE SCHERZER MARVIN SCHERZER $3000.00 WINIFRED SCHUMI $ 500.00 ROBERT LINC $ 20.00 MAVIS KARN $ 50.00 PATTERSON DENTAL $4400.00 DALE JOHNSON IN HONOR OF MHPD & MHFD $1500.00 STUART SIMEK $1230.00 NEIL GARLOCK $200.00 JOHN PETERSON $50.00 THOMAS KOEPKE $20.00 Total: $11,970.00 Adopted by the City Council of the City of Mendota Heights this 15th day of March, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 24 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: RESOLUTION 2016-21 TO PARTICIPATE IN ALL HAZARD MITIGATION PLANNING PROCESS COMMENT: Introduction As keeping our residents safe when disaster strikes is an important part of mission we work hard to meet state and federal planning requirements. We have another opportunity to partner with neighboring governments to produce a joint plan together saving money. Background In 2005 and in 2010, the County partnered with cities in the county to prepare a plan to reduce damages related to disaster events and ensure that communities remain eligible for FEMA (Federal Emergency Management Agency) funds to mitigate and recover from disaster. This multi jurisdictional plan is the Dakota County All -Hazard Mitigation Plan, approved in 2006 and 2011. FEMA requires the plan be updated every five years: an updated plan is due in 2016. The County and incorporated cities are required to have a plan and may choose to develop their own plan or partner on a multi jurisdictional plan. The city has in the past worked on an all- inclusive plan with other cities and Dakota County. County staff has identified a process and specific information needs for this update. The existing plan is posted on the Dakota County web site at www.dakotacounty.us search mitigation plan. If we do not have an approved mitigation fund we are not eligible to receive money from FEMA in the event of a disaster. The city must pass a resolution, attached, stating that it will participate in the multijurisdictional plan. City staff must work on the plan. Budget Impact By agreeing to work cooperatively with our neighboring governments we will save the cost of developing the mitigation plan as an individual city. Estimated time savings 120 hours and estimated time spent working cooperatively 20 hours. Recommendation page 25 Staff recommends that the Mendota Heights City Council approve resolution 2016-021 and direct participation in an all hazard mitigation planning process. Action Required If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION 2016- 21 TO PARTICIPATE IN ALL HAZARD MITIGATION PLANNING PROCESS. page 26 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2016-21 TO PARTICIPATE IN ALL HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County of Dakota coordinated preparation of an initial multi jurisdiction all -hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the City of Mendota Heights participated in drafting the plan, and later reviewed and approved the plan; and WHEREAS, federal law requires the plan be updated every five years; and WHEREAS, the Act requires public involvement and local coordination among local units of government and businesses as part of the planning process; and WHEREAS, the plan must include descriptions of land uses and development trends, risk assessment including past hazards, hazards that threaten the county, maps of hazards, and estimates of structures at risk; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs, in addition to ; and a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and public education components; and WHEREAS, approval of the all hazard mitigation plan update will continue the County's eligibility to receive federal and state Hazard Mitigation Grant Program project grants; and WHEREAS, this resolution does not preclude the City of Mendota Heights from preparing its own plans sometime in the future should they desire to do so. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights supports the County all hazard mitigation planning effort, agrees to participate with the County in preparing an update to the multi jurisdictional plan and recognizes that the plan will apply within the townships. Adopted by the City Council of the City of Mendota Heights this 15th day of March, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS page 27 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8840 fax www.menclota-heights.com Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Chief of Police SUBJECT: RESOLUTION 2016-25 AUTHORIZING EXECUTION OF AGREEMENT WITH MN DEPARTMENT OF PUBLIC SAFETY COMMENT: Introduction The Minnesota Department of Public Safety posted a grant to renew in squad technology in the fall of 2014. Sergeant Eric Petersen applied for and received a grant award of $11,902.43 to purchase squad laptop computers, docking stations, printers and driver's license magnetic card readers. The city is required to match the $11,902.43 and in return will receive 5 new sets of squad equipment. In 2015 we did not replace squad computers as we were anticipating spring of 2015 dispersal of funds. No monies were released in 2015. We have been notified the grant funds are available for release. The grant requires a council authorization resolution, copy attached, before executing the grant. Budget Impact In 2016 we will purchase computer equipment for five of the six black and white squads. Two are due for replacement in 2016 and three were scheduled to come out of service in 2015. The city will save $11,902.43 over the life of the equipment. Recommendation Staff recommends that the Mendota Heights City Council approve Resolution 2016- 25 authorizing Chief Aschenbrener and Sergeant Petersen to sign the grant forms. Action Required If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION 2016-25 AUTHORIZING EXECUTION OFAGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY. page 28 City of Mendota Heights Dakota County, Minnesota RESOLUTION 2016-25 AUTHORIZING EXECUTION OFAGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY WHEREAS, the City of Mendota Heights desires attain a grant from the Minnesota Department of Public Safety; and WHEREAS, the Minnesota Department of Public Safety will cover up to one half of the total costs of replacing approved equipment; and WHEREAS, the state requires a City Council Resolution authorizing participation and execution; and WHEREAS, the grant is for traffic safety projects during the period from October 1, 2014 through September 30, 2016; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to continue to support traffic safety functions with in the police department. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights enter into a grant agreement with Minnesota Department of Public Safety and Chief Michael Aschenbrener is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Mendota Heights Police Department and to be the fiscal agent and administer the grant.. Adopted by the City Council of the City of Mendota Heights this 15th day of March 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS page 29 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Right of Entry Permit for City Property Granted to MnDOT COMMENT: Introduction The Minnesota Department of Transportation (MnDOT) plans to rehabilitate Highway 110 during the 2017 construction season. As part of this project, construction limits and staging will require MnDOT to utilize a portion of a city owned parcel on the north side of Highway 110. Background MnDOT has been developing plans for the Highway 110 project for the past year, and they are at a point where the construction staging and phasing plans are being completed. Because of the scope of the project, and the inclusion of the Dakota County pedestrian underpass project, work on the MnDOT project will extend outside of their established right-of-way. The City owns the property immediately north of Highway 110 between Highway 149 (Dodd Road) and Oak Street, where the proposed work will take place. Discussion The attached permit and corresponding approval Resolution will grant MnDOT permission to utilize the area described below for construction purposes during the project and the corresponding warranty period. Outlot A, MENDOTA HEIGHTS TOWN CENTER In order to accommodate the project warranty period, and to allow for MnDOT to make any landscape restoration repairs after the project, the permit will expire on December 1st, 2020. It has been the past practice for either the Public Works Director/City Engineer, or the City Administrator to actually sign permits such as this one after Council approval, so the attached Resolution also authorizes the Public Works Director/City Engineer and/or the City Administrator to sign the permit. page 30 Budget Impact There is no anticipated budget impact other than the staff time to process to review and approve the permit. Recommendation Staff recommends Council approve the attached Resolution 2016-23, RESOLUTION AUTHORIZING A PERMIT GRANTING RIGHT OF ENTRY TO CITY OWNED PROPERTY FOR THE HIGHWAY 110 REHBILITATION PROJECT TO MnDOT. Action Required If Council wishes to enact the staff recommendation, pass a motion approving the attached Resolution 2016-23, RESOLUTION AUTHORIZING A PERMIT GRANTING RIGHT OF ENTRY TO CITY OWNED PROPERTY FOR THE HIGHWAY 110 REHBILITATION PROJECT TO MnDOT. This action requires a simple majority vote. page 31 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-23 RESOLUTION AUTHORIZING A PERMIT GRANTING RIGHT OF ENTRY TO CITY OWNED PROPERTY FOR THE HIGHWAY 110 REHBILITATION PROJECT TO MnDOT WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 1918-110 on State Trunk Highway 110, from Highways 13/55 to I494 within the City of Mendota Heights for roadway, access, signing, water resource and Americans with Disabilities Act (ADA) improvements to take place in 2017; and WHEREAS, in order to complete the proposed improvements, the Minnesota Department of Transportation (MnDOT) will need to access and work upon a City owned parcel of land described as follows; and Outlot A, MENDOTA HEIGHTS TOWN CENTER WHEREAS, it is necessary to allow MnDOT to make repairs to Highway 110 due to ongoing pavement condition, access, signing, ADA, and drainage issues. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes a permit granted to MnDOT for construction activity to take place on City owned property as described above. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the Public Works Director/City Engineer or City Administrator to sign the permit document. BE IT FURTHER RESOLVED, per the terms of the executed permit, the permit is to sunset on December 1, 2020. Adopted by the City Council of the City of Mendota Heights this 15th day of March, 2016. CITY COUNCIL CITY OF MENODTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk Dated: February 23, 2016 page 32 TEMPORARY PERMIT TO CONSTRUCT C.S. 1918 (110=117) 903 Parcel 232 County of Dakota The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 110 in Dakota County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Dakota County, Minnesota, described as follows: As shown in yellow on attached Exhibit A The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. For a valuable consideration, the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit for grading and constructing of new trail. This Permit will expire on 12/01/2020. page 33 MINNESOTA DEPARTMENT OF TRANSPORTATION ; ZERO DOLLAR PER lIT aI01,1044:; OF 5II,a IEKE[1117 A C.S. 1918(110=117)903 S.P. 1918-110 COUNTY Dakota PARCEL NO. 232 OWNER City of Mendota He i cihts Scale 1" = 2O0ft. i/ /BLOCK 3 1 HEIGHTS BLOCK 2 7.% OUTLOT E , / 'OUTLOT C °5 /cam BIRCH ,owl f -f' CI BLOCK 2 a,t„ � 1. C. n 'ADDITION 1 ! BLOCK 1 1 r OUTLOT 0 4 �) � OYIN 1T PARCEL NUMBER MN/DOT PLAT // 1 / 4, � i I 232 CITY OF ME /� , - - k �� %����� E BLOCK 6 � BY PEAMIT J 1 ��LOICs �T.E. . ! p`\ /xa ��'. BLOCK 6 Q 1g T9f� fi � m / w r, D. 20 v Aw \ co 21 OCK 7 _ . OUTLOT G }� utomi _ �,1 _� CEN ER \ \ OUTLOT A � MARKET STREET � �� \--_... T.E. PAR. 232 -so• i1:fM1T -. -- - - EXT. 12' LTL TO 700• _ -: --- -- — _ —h_+-� __--_—__ — I]a '----'- 125 T 120 ... 127-- — ___ —_---_--115-- - 125 _-_ . _\r' - —. MENDOTA-PLAZA a-' o 4A146_,_ T AREA UTL.1' gDE / QOTA" A I�r"XPA i0N ,� �.; 11 // i 0 04 �; 5 o / / / �i .. / / G • ./ �Gr ) //,, OUTLOT E O I N./ page 34 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-hei ghts.com s CITY OF MENDOTA HEIGHTS MEETING DATE: March 15, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Authorization to begin the recruitment process for two Engineering Intern Positions (Temporary/Seasonal Employees) Staff is requesting council approval to begin the recruitment process for two Engineering Intern positions. In past years, an Engineering Intern has been hired to assist the Engineering Division with various spring and summer projects. A second one is requested this summer. The Engineering Department will experience a busy spring and summer with design and construction projects including the Mendota Road (Highway 110 Frontage Road) Reconstruction, The rehabilitation of Warrior Drive, Sibley Court, and High Ridge Circle, Sanitary Sewer Cleaning, Televising and Lining, GIS updates, sign inventory, CAMP monitoring on Lemay Lake, E Coli monitoring along Interstate Valley Creek, Asset Management inventory and program implementation, and a stream bank stabilization project for Interstate Valley Creek. In addition to these projects, the department will be contracting for street striping, crack sealing, and seal coating; resolving neighborhood drainage issues, updating record drawings, and working on surface water management issues. The primary objective of these positions is to assist the Engineering Division of the Public Works Department with construction staking, construction observation, records management, geographical information (GIS) data and base mapping, engineering, project development, planning, public requests and other Division functions as assigned. These positions are intended for current or recent college students majoring in Civil Engineering, GIS, or other related field. The hourly rate for these positions is $12.00 per hour. Staff recommends that council authorize staff to begin the recruitment process for two Engineering Intern positions. Item 2: 2016 Public Works Summer Seasonal Hires At a recent meeting, City Council gave approval for staff to begin the hiring and recruitment process for the Public Works Department. Employees from the 2015 season have re-applied for their positions. Applicants were offered their position contingent upon a successful completion of a criminal background check and council approval. Staff is recommending the following individuals for employment for the spring/summer 2016 season: Position Name Chad Hanson Public Works — Parks Division Jacob Kreuser Public Works — Parks Division page 35 Rate of Pay: $10.75 $10.75 BUDGET IMPACT Funding for the two Engineering interns is possible, due to the vacant full time position. Funding for the Public Works seasonal employees is provided in the 2016 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the action requested above these two items. 3/7/2016 Mendota Heights Building Activity Report Milrrka, Building Official February 1, 2016 thr. February 29, 2016 January 1, 2016 thou February 29, 2016 January 1, 2015 thou February 28, 2015 January 1, 2014 thou February 28, 2014 Building Permit No. Valuation Fee Collected Building Permit No. Valuation Fee Collected Building Permit No. Valuation Fee Collected Building Permit No. Valuation Fee Collected SFD 1 $ 672,850.00 $7,325.89 SFD 1 $ 672,850.00 $7,325.89 SFD 0 $ - $0.00 SFD 1 $ 650,000.00 $ 6,116.69 APT 0 $ - $0.00 APT 0 $ - $0.00 APT 0 $ - $0.00 APT 0 $ - $ - Townhouse 0 $ - $0.00 Townhouse 4 $ 1,015,000.00 $11,653.66 Townhouse 0 $ - $0.00 Townhouse 0 $ - $ - Condo 0 $ - $0.00 Condo 0 $ - $0.00 Condo 0 $ - $0.00 Condo 0 $ - $ - Misc 18 $ 461,493.00 $ 6,010.90 Misc 41 $ 985,295.00 $ 12,223.01 Misc 54 $ 1,232,171.31 $ 20,147.41 Misc 54 $ 754,556.50 $ 13,553.52 Commercial 0 $ - $0.00 Commercial 4 $ 1,025,345.00 $10,590.39 Commercial 8 $ 843,208.00 $11,490.71 Commercial 7 $ 1,057,684.00 $ 12,784.16 Sub Total 19 $ 1,134,343.00 $ 13,336.79 Sub Total 50 $ 3,698,490.00 $ 41,792.95 Sub Total 62 $ 2,075,379.31 $ 31,638.12 Sub Total 62 $ 2,462,240.50 $ 32,454.37 Trade Permit No. Valuation Fee Collected Trade Permit No. Valuation Fee Collected Trade Permit No. Valuation Fee Collected Trade Permit No. Valuation Fee Collected Plumbing 11 $1,000.25 Plumbing 32 $3,207.99 Plumbing 35 $2,609.21 Plumbing 19 $ 1,228.20 Water 1 $10.00 Water 1 $10.00 Water 0 $0.00 Water 1 $ 10.00 Sewer 4 $300.00 Sewer 5 $375.00 Sewer 0 $0.00 Sewer 1 $ 25.00 Mechanical 27 $2,581.08 Mechanical 66 $5,912.93 Mechanical 55 $4,240.55 Mechanical 39 $ 2,554.17 Sub Total 43 $ 3,891.33 Sub Total 104 $ 9,505.92 Sub Total 90 $6,849.76 I Sub Total 60 $ 3,817.37 License No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Licenses No. Valuation Fee Collected Contractor 152 $7,600.00 Contractor 186 $9,300.00 Contractor 176 $8,800.00 Contractor 173 $ 8,650.00 Total 214 $ 1,134,343.00 $ 24,828.12 Total 340 $ 3,698,490.00 $ 60,598.871 Total 328 $ 2,075,379.31 $ 47,287.88 Total 295 $ 2,462,240.50 $ 44,921.74 NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals m CITY OF MEN DOT A HEIGHTS page 37 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendota-heights.com Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council, City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Out of Town Travel — FDIC Conference COMMENT: Introduction This item has been placed on the agenda for your consideration, as City Resolution No. 98-04 requires that all out of state travel for city council and city employees be approved by the city council in advance. Background The 2016 Fire Department Instructors Conference is being held April 18, 2016 to April 23, 2016, in Indiananpolis, 1N. I am recommending that Training Officer Dale Stein and Captain Jeff Stenhaug attend the conference. I, and several other officers, have attended the conference in the past and have found it to be a very worthwhile event. The training at this conference is specifically designed to help fire officers meet the challenges of managing a fire department in today's ever changing environment. Budget Impact The 2016 Fire Department Budget does include $3,500 for the conference for two people to attend. Costs to be covered include the costs of the travel, hotel, meals, and registration. The conference registration is $1,240, air fare is about $888.00, meals would be about $370.00, and the hotel is about 1,000.00 (for three nights) for a total of $3,498.00. Training Officer Dale Stein and Captain Jeff Stenhaug would take time off from their regular jobs to attend the conference. Recommendation Staff recommends that the Mendota Heights City Council approve the out of town travel for Training Officer Stein and Captain Stenhaug as this is a win-win for the department and the City. Action Required If the City Council concurs with the recommendation, they should pass a motion authorizing Training Officer Dale Stein and Captain Jeff Stenhaug to travel out of state to the Fire Department Instructors Conference being held in Indianapolis, IN. page 38 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651,452.8940 fax www.mendota-heights.com CITY OF MENDDTA HEIGHTS MEETINGDATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims Request for City Council Action March 15, 2016 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director Claims List Summary Metro Council Environmental Services — Sewer Service & Jan SAC Xcel Energy - Utilities A to Z Home Inspection — February Inspections Cargill — Road Salt Ehlers & Associates — Financial Management Plan Lower Mississippi River WMO — 2016 Membership Dues Metro Council Environmental Services — Sewer Service & Feb SAC Minnesota Pump Works — Lift Station Repairs Savatree — Tree Care — Parks Xcel Energy — Utilites Manual Checks Total System Checks Total Total for the list of claims for the March 15, 2016 city council meeting RECOMMENDATION: $ 106,874.27 $ 14,427.93 $ 6,380.00 $ 18,057.12 $ 8,740.00 $ 13,878.70 $ 99,493.82 $ 6,008.12 $ 4,100.00 $ 13,356.68 $ 131,664.70 $ 254,689.70 $ 386,354.40 Staff recommends that the Mendota Heighs City Council approve the list of claims for March 15, 2016. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 02/29/16 MAN Comments DEPT Descr Amount page 39 03/10/16 11:32 AM Page 1 Search Name i C M A RETIREMENT 457 G 01-2072 02/26/2016 PAYROLL Search Name ICMA RETIREMENT 457 Search Name INVER GROVE LICENSE CENTER E 01-4490-050-50 E 01-4490-070-70 E 15-4490-060-60 E 05-4490-105-15 E 01-4490-110-10 VEHICLE TABS VEHICLE TABS VEHICLE TABS VEHICLE TABS VEHICLE TABS Search Name INVER GROVE LICENSE CENTER Search Name METRO COUNCIL ENVIRONMENT SVC R 15-3320 R 15-3615 E 15-4449-060-60 JAN 2016 SAC JAN 2016 SAC MARCH 2016 SEWER SER Search Name METRO COUNCIL ENVIRONMENT SVC Search Name NATIONWIDE RE i 1REMENT SOLUTION G 01-2072 02/26/2016 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name UNITED WAY OF ST. PAUL G 01-2070 02/26/2016 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name XCEL ENERGY E 01-4211-315-30 E 01-4211-300-50 E 01-4211-310-70 E 15-4212-400-60 E 01-4211-320-70 E 01-4211-420-50 E 08-4211-000-00 E 15-4211-310-60 E 15-4211-400-60 E 28-4211-000-00 E 01-4212-310-50 E 01-4212-310-70 E 01-4212-315-30 E 01-4212-320-70 E 08-4212-000-00 E 15-4212-310-60 E 01-4211-310-50 Search Name XCEL ENERGY JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 GAS UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 EL. UTILITIES JAN 2016 GAS UTILITIES JAN 2016 GAS UTILITIES JAN 2016 GAS UTILITIES JAN 2016 GAS UTILITIES JAN 2016 GAS UTILITIES JAN 2016 GAS UTILITIES JAN 2016 EL. UTILITIES Road & Bridges Parks & Recreation Utility Enterprise Engineering Enterprise Administration Utility Enterprise Fire Road & Bridges Parks & Recreation Utility Enterprise Parks & Recreation Road & Bridges Spec Fds Utility Enterprise Utility Enterprise Spec Fds Road & Bridges Parks & Recreation Fire Parks & Recreation Spec Fds Utility Enterprise Road & Bridges $1,826.43 $1,826.43 $144.00 $112.00 $32.00 $48.00 $16.00 $352.00 $9,940.00 -$99.40 $97,033.67 $106,874.27 $50.00 $50.00 $64.00 $64.00 $790.83 $1,807.24 $355.04 $195.12 $495.51 $211.16 $3,022.72 $355.05 $885.13 $1,549.25 $728.62 $728.62 $952.03 $150.86 $1,117.09 $728.62 $355.04 $14,427.93 $123,594.63 Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 03/09/16 MAN Comments DEPT Descr Amount page 40 03/10/16 11:26 AM Page 1 Search Name MENDOTA HEIGHTS GENERAL ACCT. G 01-1021 REPLENISH PETTY CASH Search Name MENDOTA HEIGHTS GENERAL ACCT. Search Name SELECT ACCOUNT G 01-2071 E 05-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-020-20 E 01-4131-110-10 Search Name SELECT ACCOUNT Search Name US POSTAL SERVICE G 01-1210 MAR 2016 HSA CONTRIBUTION MAR 2016 HSA CONTRIBUTION MAR 2016 HSA CONTRIBUTION MAR 2016 HSA CONTRIBUTION MAR 2016 HSA CONTRIBUTION MAR 2016 HSA CONTRIBUTION REPLENISH POSTAGE METER Engineering Enterprise Parks & Recreation Road & Bridges Police Administration $470.11 $470.11 $3,313.34 $475.00 $362.50 $279.16 $1,607A6 $362.50 $6,399.96 $1,200.00 Search Name US POSTAL SERVICE $1,200.00 $8,070.07 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY page 41 03/10/16 1:17 PM Page 1 Account Comments DEPT Descr Amount Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 FEB 2016 HOME INSPECTIONS Code Enforcement/Ins $6,380.00 Search Name A TO Z HOME INSPECTION, LLC $6,380.00 Search Name Al JANITORIAL SUPPLY E 15-4330-490-60 SEWER MAINTENANCE SUPPLIES Utility Enterprise $131.26 Search Name Al JANITORIAL SUPPLY $131.26 Search Name ACTION FLEET, INC. E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Fire $1,431.10 Search Name ACTION FLEET, INC. $1,431.10 Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 MAR 2016 ELEVATOR CONTRACT - CITY HALL Spec Fds $157.00 Search Name ALL CITY ELEVATOR, INC. $157.00 Search Name AMERICAN PRESSURE, INC. E 01-4330-490-50 EQUIPMENT REPAIR PARTS - PW Road & Bridges $413.13 E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PW Parks & Recreation $413.13 E 15-4330-490-60 EQUIPMENT REPAIR PARTS - PW Utility Enterprise $413.13 Search Name AMERICAN PRESSURE, INC. $1,239.39 Search Name AMERIPRIDE SERVICES E 01-4335-310-70 E 15-4335-310-60 E 01-4335-310-50 E 15-4335-310-60 E 01-4335-310-70 E 01-4335-310-50 E 08-4335-000-00 Search Name AMERIPRIDE SERVICES MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - CITY HALL Parks & Recreation Utility Enterprise Road & Bridges Utility Enterprise Parks & Recreation Road & Bridges Spec Fds $19.67 $19.67 $19.67 $22.08 $22.08 $22.09 $162.12 $287.38 Search Name APACHE GROUP E 01-4305-030-30 SUPPLIES - FIRE DEPT Fire $106.03 Search Name APACHE GROUP $106.03 Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 MAR 2016 LTD INSURANCE Fire $190.80 Search Name ASSURANT EMPLOYEE BENEFITS $190.80 Search Name AUTOZONE E 15-4330-490-60 E 01-4330-490-50 E 45-4330-490-45 G 45-2035 E 45-4330-490-45 G 45-2035 Search Name AUTOZONE EQUIPMENT REPAIR PARTS - SEWER EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PAR3 Search Name BESSER WELDING & FABRICATION E 15-4335-310-60 E 01-4305-050-50 E 01-4335-310-70 E 01-4335-310-50 BLDG REPAIRS - PW OPERATING SUPPLIES - PW BLDG REPAIRS - PW BLDG REPAIRS - PW Utility Enterprise Road & Bridges Golf Course Golf Course Utility Enterprise Road & Bridges Parks & Recreation Road & Bridges $39.99 $39.99 $32.62 -$2.10 $25.69 -$1.65 $134.54 $266.66 $45.08 $266.67 $266.67 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY page 42 03/10/16 1:17 PM Page 2 Account Comments DEPT Descr Amount E 01-4305-070-70 OPERATING SUPPLIES - PW Parks & Recreation $45.07 Search Name BESSER WELDING & FABRICATION $890.15 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 03/03/16 COUNCIL MEETING Administration $144.40 Search Name C. DARLENE OEHLKE, CAP $144.40 Search Name CARGILL INCORPORATED E 01-4421-050-50 E 01-4421-050-50 E 01-4421-050-50 E 01-4421-050-50 ROAD SALT ROAD SALT ROAD SALT ROAD SALT E 01-4421-050-50 ROAD SALT Road & Bridges Road & Bridges Road & Bridges Road & Bridges Road & Bridges $3,747.18 $5,387.50 $5,573.30 $1,656.60 $1,692.54 Search Name CARGILL INCORPORATED $18,057.12 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 E 01-4301-114-14 E 01-4301-114-14 COMPUTER ACCESSORIES COMPUTER ACCESSORIES COMPUTER ACCESSORIES Info Tech Info Tech Info Tech $90.70 $102.43 $109.65 Search Name CDW GOVERNMENT, INC $302.78 Search Name 0 SPRAY, INC. E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $172.57 Search Name 0 SPRAY, INC. $172.57 Search Name COMCAST E 45-4210-045-45 MARCH 2016 SERVICE - PAR3 Golf Course $207.98 Search Name COMCAST $207.98 Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC REPAIRS - CITY HALL Spec Fds $268.75 Search Name COOL AIR MECHANICAL, INC. $268.75 Search Name CRAWFORD DOOR E 01-4305-030-30 REMOTES - FIRE HALL Fire $80.00 Search Name CRAWFORD DOOR $80.00 Search Name CUMMINS NORTH CENTRAL E 01-4330-460-30 EQUIPMENT REPAIR - FIRE DEPT Fire $100.00 Search Name CUMMINS NORTH CENTRAL $100.00 Search Name DAKOTA COMMUNICATIONS CENTER E 01-4275-020-20 APRIL 2016 DCC FEE Police $17,655.00 E 01-4275-030-30 APRIL 2016 DCC FEE Fire $616.00 Search Name DAKOTA COMMUNICATIONS CENTER $18,271.00 Search Name DAKOTA COUNTY CHIEFS OF POLICE E 01-4404-020-20 2016 MEMBERSHIP Police $400.00 Search Name DAKOTA COUNTY CHIEFS OF POLICE $400.00 Search Name DAKOTA COUNTY TREAS-AUDITOR E 01-4220-050-50 E 01-4268-070-70 E 15-4490-060-60 G 01-1215 3 -YEAR OBSTRUCTION PERMIT 3 -YEAR OBSTRUCTION PERMIT 3 -YEAR OBSTRUCTION PERMIT 3 -YEAR OBSTRUCTION PERMIT Road & Bridges Parks & Recreation Utility Enterprise $13.89 $13.89 $13.89 $55.56 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY Account Comments DEPT Descr page 43 03/10/16 1:17 PM Page 3 Amount G 15-1215 3 -YEAR OBSTRUCTION PERMIT Search Name DAKOTA COUNTY TREAS-AUDITOR Search Name DESIGNER SIGN SYSTEMS E 01-4490-080-80 NAME PLATE - B. PETSCHEL Search Name DESIGNER SIGN SYSTEMS Search Name DUGGAN, TIM E 45-4500-045-45 G 45-2035 Search Name DUGGAN, TIM Search Name ECKBERG LAMMERS E 01-4220-120-10 E 01-4220-120-80 E 01-4220-120-20 E 01-4220-120-40 E 23-4490-000-00 E 01-4220-120-50 E 01-4221-120-10 Search Name ECKBERG LAMMERS TREE REMOVAL - PAR3 TREE REMOVAL - PAR3 FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES FEB 2016 LEGAL SERVICES - COUNCIL MTGS Search Name EHLERS & ASSOCIATES INC E 01-4220-110-10 FINANCIAL MGMT PLAN Search Name EHLERS & ASSOCIATES INC Search Name FACTORY MOTOR PARTS E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name FACTORY MOTOR PARTS Search Name FASTENAL INDUSTRIAL & CONSTR E 15-4305-060-60 OPERATING SUPPLIES - SEWER Search Name FASTENAL INDUSTRIAL & CONSTR Search Name FLAGSHIP RECREATION E 01-4330-215-70 PARK EQUIPMENT SUPPLIES E 82-4460-791-00 VICTORIA RD SOUTH PROJECT Search Name FLAGSHIP RECREATION Search Name FLEETPRIDE E 45-4330-490-45 E 15-4330-490-60 E 01-4330-490-50 G 45-2035 E 15-4330-490-60 Search Name FLEETPRIDE EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - SEWER EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - SEWER Search Name FOREMOST PROMOTIONS E 01-4490-020-20 CRIME PREVENTION SUPPLIES Search Name FOREMOST PROMOTIONS Search Name GOPHER STATE ONE CALL E 01-4210-040-40 FEB 2016 SERVICE Planning Golf Course Administration Planning Police Code Enforcement/Ins Spec Fds Road & Bridges Administration Administration Police Utility Enterprise Parks & Recreation Spec Fds Golf Course Utility Enterprise Road & Bridges Utility Enterprise Police $434.70 $434.70 Code Enforcement/Ins $107.30 $27.77 $125.00 $53.55 $53.55 $2,137.50 -$137.50 $2,000.00 $787.50 $375.00 $300.00 $675.00 $825.00 $150.00 $400.00 $3,512.50 $8,740.00 $8,740.00 $89.56 $89.56 $36.05 $36.05 $2,790.00 $690.00 $3,480.00 $64.49 -$26.88 $222.16 -$4.15 $52.65 $308.27 Search Name GOPHER STATE ONE CALL $107.30 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY Comments DEPT Descr page 44 03/10/16 1:17 PM Page 4 Amount Search Name HANCO CORPORATION E 01-4330-490-70 E 01-4330-490-70 E 45-4330-490-45 G 45-2035 Search Name HANCO CORPORATION Search Name HOSE INC E 01-4330-490-70 E 01-4330-490-70 Search Name HOSE INC EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PAR3 EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-110-10 E 01-4300-020-20 E 08-4335-000-00 OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - PD CITY HALL SUPPLIES Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTERSTATE BATTERY SYSTEM E 45-4330-490-45 BATTERY - PAR3 G 45-2035 BATTERY - PAR3 Search Name INTERSTATE BATTERY SYSTEM Search Name INVER GROVE FORD E 01-4330-490-50 Search Name INVER GROVE FORD EQUIPMENT REPAIR PARTS - STREETS Search Name IRON MOUNTAIN RECORDS MGMT E 01-4490-110-10 FEB 2016 SHREDDING E 01-4490-020-20 FEB 2016 SHREDDING Search Name IRON MOUNTAIN RECORDS MGMT Search Name JANI-KING OF MINNESOTA, INC. E 01-4335-315-30 E 01-4335-310-50 E 01-4335-310-70 E 15-4335-310-60 E 01-4331-020-20 MAR 2016 SERVICE - PWFIRE HALL MAR 2016 SERVICE - PW MAR 2016 SERVICE - PW MAR 2016 SERVICE - PW MAR 2016 SERVICE - PD Search Name JANI-KING OF MINNESOTA, INC. Search Name KAT KEYS E 08-4335-000-00 BLDG MAINTENANCE - CITY HALL Search Name KAT KEYS Search Name LAWSON PRODUCTS, INC E 01-4305-070-70 E 15-4305-060-60 E 01-4305-050-50 OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP E 01-4305-070-70 OPERATING SUPPLIES - SHOP Search Name LAWSON PRODUCTS, INC Search Name LEGEND TECHNICAL SERVICES, INC E 08-4335-000-00 BLDG REPAIRS - CITY HALL Search Name LEGEND TECHNICAL SERVICES, INC Parks & Recreation Parks & Recreation Golf Course Parks & Recreation Parks & Recreation Administration Police Spec Fds Golf Course Road & Bridges Administration Police Fire Road & Bridges Parks & Recreation Utility Enterprise Police Spec Fds Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation $28.53 $52.88 $48.21 -$3.10 $126.52 $26.99 $43.31 $70.30 $51.89 $27.66 $18.37 $97.92 $130.33 -$8.38 $121.95 $24.07 $24.07 $12.35 $37.05 $49.40 $200.00 $66.67 $66.67 $66.66 $785.46 $1,185.46 $255.00 $255.00 $14.52 $91.89 $91.88 $91.88 $290.17 Spec Fds $1,209.18 $1,209.18 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY page 45 03/10/16 1:17 PM Page 5 Account Comments DEPT Descr Amount Search Name LILLIE SUBURBAN NEWS E 01-4240-080-80 FEB 2016 PUBLICATIONS - PLANNING NOTICE Planning $24.30 E 01-4240-080-80 FEB 2016 PUBLICATIONS - ORDINANCES Planning $453.60 E 27-4240-794-00 FEB 2016 PUBLICATIONS - ORDINANCE Spec Fds $36.45 Search Name LILLIE SUBURBAN NEWS $514.35 Search Name LILYDALE, CITY OF G 01-2035 Search Name LILYDALE, CITY OF FALSE ALARM BILLING $50.00 Search Name LOWER MISSISSIPPI RIVER WMO E 29-4404-000-00 2016 MEMBERSHIP Search Name LOWER MISSISSIPPI RIVER WMO Search Name MAZZITELLO, JOHN E 05-4415-105-15 Search Name MAZZITELLO, JOHN Search Name MENARDS FEB 2016 MILEAGE Spec Fds $50.00 $13,878.70 $13,878.70 Engineering Enterprise $79.92 $79.92 E 01-4330-215-70 PICNIC TABLES SUPPLIES - PARKS Parks & Recreation $316.78 E 01-4330-215-70 PICNIC TABLES SUPPLIES - PARKS Parks & Recreation $149.48 E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire $41.94 E 08-4335-000-00 BLDG MAINT. SUPPLIES - CITY HALL Spec Fds $31.56 Search Name MENARDS $539.76 Search Name MENDEZ, JOHN E 01-4400-030-30 Search Name MENDEZ, JOHN TRAVEL EXPENSE REIMB. - J. MENDEZ Fire $31.22 $31.22 Search Name METRO COUNCIL ENVIRONMENT SVC E 15-4449-060-60 APRIL 2016 SEWER CHARGES Utility Enterprise $97,033.67 R 15-3320 FEB 2016 SAC $2,485.00 R 15-3615 FEB 2016 SAC -$24.85 Search Name METRO COUNCIL ENVIRONMENT SVC $99,493.82 Search Name MINNESOTA PUMP WORKS E 15-4330-400-60 LIFT STATION REPAIRS Utility Enterprise $6,008.12 Search Name MINNESOTA PUMP WORKS $6,008.12 Search Name MITCHELL1 E 01-4301-030-30 MARCH 2016 SERVICE Fire $169.00 Search Name MITCHELL1 Search Name MN BENEFIT ASSN G 01-2071 G 01-2071 Search Name MN BENEFIT ASSN $169.00 FEB 2016 PREMIUM $15.79 MAR 2016 PREMIUM $15.79 Search Name MN TEAMSTERS LOCAL 320 G 01-2075 MAR 2016 UNION DUES Search Name MN TEAMSTERS LOCAL 320 Search Name MN TRUCKING ASSOCIATION E 01-4305-050-50 OPERATING SUPPLIES - STREETS Search Name MN TRUCKING ASSOCIATION $31.58 $645.00 $645.00 Road & Bridges $118.00 $118.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY Account Comments DEPT Descr page 46 03/10/16 1:17 PM Page 6 Amount Search Name NCPERS GROUP LIFE INS. G 01-2071 MARCH 2016 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NITTI SANITATION INC E 45-4280-045-45 RECYCLING - PAR3 Search Name NITTI SANITATION INC Search Name NYSTROM PUBLISHING CO., INC. E 01-4268-650-70 E 15-4268-650-60 E 45-4268-650-45 E 01-4268-650-85 E 01-4268-650-10 WINTER 2016 NEWSLETTER WINTER 2016 NEWSLETTER WINTER 2016 NEWSLETTER WINTER 2016 NEWSLETTER WINTER 2016 NEWSLETTER Search Name NYSTROM PUBLISHING CO., INC. Search Name OFFICE DEPOT E 01-4300-020-20 E 01-4300-020-20 E 01-4300-050-50 E 01-4300-070-70 E 01-4305-070-70 Search Name OFFICE DEPOT Search Name OXYGEN SERVICE CO E 01-4200-610-70 E 01-4200-610-50 E 15-4200-610-60 Search Name OXYGEN SERVICE CO OFFICE SUPPLIES - PD OFFICE SUPPLIES - PD OFFICE SUPPLIES - PW OFFICE SUPPLIES - PW OPERATING SUPPLIES - PW CYLINDER RENT - PW CYLINDER RENT - PW CYLINDER RENT - PW Search Name RUPP, ANDERSON, SQUIRES & WALD E 01-4220-120-20 JAN 2016 LEGAL SERVICES Search Name RUPP, ANDERSON, SQUIRES & WALD Search Name SAFE -FAST, INC. E 01-4305-050-50 Search Name SAFE -FAST, INC. Search Name SAVATREE E 01-4330-215-70 E 01-4330-215-70 Search Name SAVATREE Search Name SELECT ACCOUNT E 01-4220-110-10 E 01-4220-020-20 E 01-4220-050-50 E 01-4220-070-70 E 01-4220-080-80 E 05-4220-105-15 E 15-4220-060-60 Search Name SELECT ACCOUNT Search Name SNAP ON TOOLS SAFETY SUPPLIES - STREETS TREE CARE - PARKS TREE CARE - PARKS MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE MAR 2016 HSA PARTICIPANT FEE Golf Course Parks & Recreation Utility Enterprise Golf Course Recycling Administration Police Police Road & Bridges Parks & Recreation Parks & Recreation Parks & Recreation Road & Bridges Utility Enterprise Police Road & Bridges Parks & Recreation Parks & Recreation Administration Police Road & Bridges Parks & Recreation Planning Engineering Enterprise Utility Enterprise $80.00 $80.00 $19.96 $19.96 $616.17 $135.56 $98.59 $172.53 $1,971.75 $2,994.60 -$22.10 $163.76 $31.28 $31.28 $31.99 $236.21 $30.84 $30.84 $30.83 $92.51 $264.60 $264.60 $139.81 $139.81 $3,050.00 $1,050.00 $4,100.00 $12.04 $20.44 $3.31 $1.20 $2.11 $2.40 $4.22 $45.72 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY Account Comments DEPT Descr page 47 03/10/16 1:17 PM Page 7 Amount E 01-4410-050-50 E 01-4410-070-70 E 15-4410-060-60 Search Name SNAP ON TOOLS Search Name ST. PAUL, CITY OF E 01-4400-020-20 Search Name ST. PAUL, CITY OF Search Name STOPSTICK, LTD E 01-4305-020-20 Search Name STOPSTICK, LTD CLOTHING - PW CLOTHING - PW CLOTHING - PW TRAINING - P. FLEMING OPERATING SUPPLIES - PD Search Name SW/WC SERVICE COOPERATIVES E 01-4131-110-10 E 01-4131-020-20 E 01-4131-050-50 E 01-4131-070-70 APR 2016 HEALTH INSURANCE APR 2016 HEALTH INSURANCE APR 2016 HEALTH INSURANCE APR 2016 HEALTH INSURANCE E 05-4131-105-15 APR 2016 HEALTH INSURANCE G 01-2071 APR 2016 HEALTH INSURANCE G 01-2074 APR 2016 HEALTH INSURANCE Search Name SW/WC SERVICE COOPERATIVES Search Name TOTAL TOOL E 01-4305-050-50 OPERATING SUPPLIES - STREETS Search Name TOTAL TOOL Search Name TRACTOR SUPPLY E 01-4330-490-70 E 01-4330-490-70 Search Name TRACTOR SUPPLY Search Name TRI STATE BOBCAT E 01-4330-490-50 E 01-4330-490-50 Search Name TRI STATE BOBCAT Search Name TUFF, SCOTT E 01-4435-200-70 Search Name TUFF, SCOTT EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - STREETS DJ - PARK CELEBRATION Search Name UNIFORMS UNLIMITED E 01-4306-020-20 UNIFORM - S. HOECHST Search Name UNIFORMS UNLIMITED Search Name UNLIMITED SUPPLIES INC E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 E 01-4305-050-50 E 01-4305-050-50 E 15-4305-060-60 E 01-4305-070-70 E 01-4305-070-70 E 15-4305-060-60 OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP Road & Bridges Parks & Recreation Utility Enterprise Police Police Administration Police Road & Bridges Parks & Recreation Engineering Enterprise Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges Road & Bridges Parks & Recreation Police Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges Utility Enterprise Parks & Recreation Parks & Recreation Utility Enterprise $34.34 $34.33 $34.33 $103.00 $149.00 $149.00 $292.00 $292.00 $4,894.00 $14,977.00 $4,958.00 $1,280.00 $2,528.00 $3,167.50 $3,155.00 $34,959.50 $166.98 $166.98 -$9.99 $81.91 $71.92 $72.00 $44.75 $116.75 $350.00 $350.00 $155.96 $155.96 $58.50 $58.50 $141.66 $141.67 $279.50 $279.50 $279.50 $141.67 $58.50 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 03/15/16 PAY Account Comments DEPT Descr page 48 03/10/16 1:17 PM Page 8 Amount Search Name UNLIMITED SUPPLIES INC Search Name VERIZON WIRELESS E 01-4210-030-30 E 15-4210-060-60 E 01-4210-070-70 E 01-4210-050-50 E 01-4210-114-14 E 01-4210-020-20 E 05-4210-105-15 E 01-4210-110-10 E 01-4223-020-20 Search Name VERIZON WIRELESS Search Name WASTE MANAGEMENT E 01-4280-310-70 E 01-4280-310-50 E 15-4280-310-60 E 08-4280-000-00 Search Name WASTE MANAGEMENT Search Name WINGE, DAVID E 01-4400-030-30 Search Name WINGE, DAVID Search Name XCEL ENERGY E 15-4211-400-60 E 01-4211-320-70 E 45-4211-046-45 E 45-4212-046-45 E 45-4211-047-45 E 15-4212-400-60 E 15-4212-310-60 E 08-4212-000-00 E 01-4212-320-70 E 01-4212-315-30 E 01-4212-310-70 E 28-4211-000-00 E 15-4211-310-60 E 08-4211-000-00 E 01-4211-420-50 E 01-4211-320-70 E 01-4211-315-30 E 01-4211-310-70 E 01-4211-310-50 E 01-4211-300-50 E 01-4212-310-50 Search Name XCEL ENERGY FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 CELL SERVICE FEB 2016 SERVICE - PW FEB 2016 SERVICE - PW FEB 2016 SERVICE - PW FEB 2016 SERVICE - CITY HALL TRAVEL EXPENSE REIMB. - D. WINGE FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 GAS UTILITIES FEB 2016 EL. UTILITIES FEB 2016 GAS UTILITIES FEB 2016 GAS UTILITIES FEB 2016 GAS UTILITIES FEB 2016 GAS UTILITIES FEB 2016 GAS UTILITIES FEB 2016 GAS UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 EL. UTILITIES FEB 2016 GAS UTILITIES Fire Utility Enterprise Parks & Recreation Road & Bridges Info Tech Police Engineering Enterprise Administration Police Parks & Recreation Road & Bridges Utility Enterprise Spec Fds Fire $1,439.00 $306.08 $51.42 $51.42 $289.60 $191.46 $884.14 $154.26 $114.78 $245.07 $2,288.23 $57.95 $57.95 $57.94 $223.40 $397.24 $41.51 $41.51 Utility Enterprise $834.77 Parks & Recreation $25.71 Golf Course $29.35 Golf Course $67.65 Golf Course $150.28 Utility Enterprise $164.86 Utility Enterprise $570.28 Spec Fds $911.47 Parks & Recreation $102.17 Fire $775.04 Parks & Recreation $570.27 Spec Fds $1,163.46 Utility Enterprise $369.72 Spec Fds $2,974.88 Road & Bridges $202.52 Parks & Recreation $580.65 Fire $758.24 Parks & Recreation $369.72 Road & Bridges $369.72 Road & Bridges $1,795.55 Road & Bridges $570.27 $13,356.58 $254,689.70 page 49 City of flienbuta 9eig0t5 ?aECOglllilDri WHEREAS, The Prudential Spirit of Community Awards nationally has recognized youth for their volunteer community service for over 20 years; and WHEREAS, Mendota Heights resident Jane Hulse, a student at Trinity School at the River Ridge, located in Eagan Minnesota, was recognized as a 2016 Distinguished Finalist by The Prudential Spirit of Community Awards; and WHEREAS, Jane authored a cookbook entitled A Gratuitous Guild to Good Food and Simple Science, and was written to promote proper nutrition for teens and pre -teen girls, and WHEREAS, copies of Jane's cookbook have been provided at no cost to coaches, healthcare providers, and eating disorder clinics, and is also available for free through a website operated by Jane; and WHEREAS, Jane volunteers with Renewing the Countryside and is a semifinalist for the 2016 National Merit Scholarship Program; and WHEREAS, Jane serves as a positive role model to youth through her high level of personal achievement, leadership, and community service, and has made the City of Mendota Heights, Minnesota very proud. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights hereby recognizes Jane Hulse for her outstanding achievements, and wishes her the best of luck in her future endeavors. ,flu lvituess' lVfjereofnate fjereuuto s'et mp fjaub ant cause tie seat to be affixeb J 1apur Mate fRareb 15, 2016 iv mR CITY OF MENDOTA HEIGHTS page 50 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MEETING DATE: March 3, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Public Hearing to Consider CenturyLink Cable Television Franchise Ordinance and Agreement BACKGROUND The Northern Dakota County Cable Communications Commission ("NDC4") manages the City's cable franchises on behalf of City. On February 23, 2016, NDC4 adopted Resolution 2- 23-16 recommending that each member city grant a cable communications franchise to CenturyLink. Having a franchise agreement with CenturyLink would promote a competitive market. NDC4 Executive Director Jodie Miller and Brian Grogan, legal counsel for NDC4 provided a presentation of the draft ordinance and agreement during the March 3, 2016 Council meeting. The agreement with CenturyLink has a proposed term of five years. The City has unilateral right to extend the agreement five years. The term is tied to system build out, allowing the City to consider if CenturyLink's cable system is "substantially constructed." Based on the proposed franchise agreement, CenturyLink will serve a minimum of 15% of living units in the City within 2 years. Based on NDC4's presentation, CenturyLink has shown it is capable of serving 60% of households. If the City determines the system is not built out substantially, the franchise may not be renewed. Additional highlights of the proposed franchise agreement include CenturyLink providing two NDC4 Mosaic Channels to access 7 PEG channels and 25 hours of Video on Demand. CenturyLink will also provide all metro PEG channels to subscribers, totaling over 150 PEG channels. In order for the City to grant a cable franchise by ordinance, a public hearing must be conducted. After the public hearing, Council will need to take action to approve Resolution 2016-13, regarding an Ordinance Granting a Competitive Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink, and adopt the Findings of Facts and CenturyLink Cable Franchise Ordinance 493. BUDGET IMPACT CenturyLink's Franchise Fee will be equal to five percent (5%) of its quarterly Gross Revenues. CenturyLink will also pay a PEG fee of $1.77 per subscriber. These amount are the same as Comcast. page 51 ATTACHMENTS • Resolution 2016-13, Regarding An Ordinance Granting a Competitive Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink, Finds of Facts. • Draft Ordinance 493 Cable Television Franchise Ordinance with CenturyLink • Ordinance Summary STAFF RECOMMENDATION Staff recommends that the Mendota Heights City Council open and conduct the public hearing on the proposed Ordinance 493, granting CenturyLink a cable television franchise agreement. After the public hearing has been conducted, staff recommends that the City Council adopt Resolution 2016-13, containing the Findings of Facts; and Ordinance 493, granting a non- exclusive Cable Television Franchise to CenturyLink. Staff also recommends that the City Council adopt a summary of Ordinance 493 for publication. ACTION REQUIRED The City Council should hold the Public Hearing. After the Hearing, if City Council concurs with following actions: 1. Adopt Resolution 2016-13 containing the Granting a Competitive Cable Franchise CenturyLink; staff's recommendations, it should take the Findings of Facts, Regarding an Ordinance to Qwest Broadband Services, Inc.; d/b/a 2. Pass Ordinance 493, Granting a Non -Exclusive Cable Television Franchise Ordinance for Qwest Broadband Services, Ic, d/b/a CenturyLink Inc. These actions requires a simple majority vote. 3. Adopt a Summary of Ordinance 493 for publication. This action requires a 4/5 majority vote. page 52 CITY OF MENDOTA HEIGHTS, MINNESOTA RESOLUTION NO. 2016-23 Regarding an Ordinance Granting a Competitive Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink RECITALS: WHEREAS, the City of Mendota Heights, Minnesota makes the following FINDINGS OF FACT: 1. In February 2015, Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc. ("CenturyLink") requested that the City of Mendota Heights, Minnesota ("City") initiate proceedings to consider awarding it a franchise to provide cable communications services in the City ("Service Territory"). 2. Comcast of St. Paul, Inc. ("Comcast") holds a non-exclusive cable communications franchise for the Service Territory ("Comcast Franchise"). 3. The Comcast Franchise, which the City last renewed on or about April 1, 2000, is currently the only cable communications franchise for the Service Territory. 4. The monopoly held by a sole cable communication provider in a particular market is a barrier to entry for additional providers, which does not have a captive market but must instead "win" every subscriber.1 5. The presence of a second cable operator in a market improves the quality of service offerings and drives down prices by approximately fifteen percent (15%).2 6. On March 8, 2015 and March 15, 2015, the Northern Dakota County Cable Communications Commission ("Commission"), which the City is a member of, published a Notice of Intent to Franchise a Cable Communications System ("Notice") in the South-West Review, a newspaper of general circulation in the Service Territory. 7. The Notice indicated that the Commission was soliciting franchise applications and provided information regarding the application process, including that applications were required to be submitted on or before March 31, 2015 and that a public hearing to hear proposals from applicants would be held by the Commission on April 15, 2015 at 7:00 PM. 8. The Commission also mailed copies of the Notice and application materials to CenturyLink and Comcast.3 1 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, at ¶ 138 (Rel. Mar. 5, 2007) ("621 Order"). 2 Id. at ¶¶ 2, 50. page 53 9. On March 31, 2015, the Commission received an application from CenturyLink (the "CenturyLink Application"). The Commission did not receive any other applications. 10. As provided by the Notice, on April 15, 2015 the Commission held a public hearing during the Commission's regularly scheduled meeting to consider CenturyLink's application and qualifications. 11. On April 15, 2015, Comcast submitted a letter to the City setting forth its position regarding the CenturyLink Application ("Comcast Letter").4 12. The Comcast Letter expresses concern about CenturyLink's proposal and how CenturyLink will be held to particular provisions of the existing Comcast Franchise.5 13. The Comcast Letter also summarizes Comcast's position regarding build -out requirements and other proposed terms related to competition in the cable industry.6 14. During the April 15, 2015 hearing, CenturyLink presented its proposal and all other interested parties were provided an opportunity to speak and present information to the Commission regarding the CenturyLink Application. 15. Following the hearing, the law firm of Moss & Barnett, a Professional Association prepared a report, dated May 29, 2015 ("Franchise Report"), reviewing and analyzing the applicable franchising procedures, the CenturyLink Application and other information provided by CenturyLink in connection with the April 15, 2015 public hearing. 16. The Franchise Report identifies and discusses federal and state legal requirements relevant to the City's consideration of the CenturyLink Application, including laws pertaining to franchising procedures and competition between providers.8 17. The Franchise Report also analyzes information provided by CenturyLink to establish its qualifications to operate a cable communications franchise in the Service Territory.9 3 Notice by the Northern Dakota County Cable Communications Commission of Its Intent to Consider An Application for a Franchise and Request for Proposals - Official Application Form. 4See, April 15, 2015 letter from Emmett V. Coleman to Jodie Miller, Executive Director for the Commission, regarding CenturyLink Video Franchise Application. 5 Id. at 2. 6 Id. at 1-2. Report to the Northern Dakota County Cable Communications Commission Regarding Qwest Broadband Services, Inc. d/b/a/ CenturyLink — Proposal for a Cable Communication Franchise, May 29, 2015. 8 Franchise Report at 2-9. 91d. at 11-12. page 54 18. At its meeting on June 3, 2015, the Commission considered the Franchise Report, along with the information and documentation it had received regarding the CenturyLink Application, and adopted a resolution finding and concluding that the CenturyLink Application complied with the requirements of Minn. Stat. § 238.081 and that CenturyLink is legally, technically, and financially qualified to operate a cable communications system within the Service Territory. 19. As a result of its determination that CenturyLink complied with all application requirements and is a qualified applicant, the Commission authorized Commission staff to negotiate with CenturyLink to attempt to reach mutually acceptable terms for such a franchise. 20. On February 23, 2016 the Commission considered and recommended an ordinance granting a cable communications franchise to CenturyLink and authorized Commission staff to provide the recommended franchise to the Commission's Member Cities for consideration and action. 21. In Minnesota, both State and federal law govern the terms and conditions of an additional cable communications franchise in an already -franchised service area.10 22. The franchising authority may not grant an exclusive franchise or unreasonably refuse to award an additional competitive franchise.11 23. The franchising authority must allow an applicant reasonable time to become capable of providing cable service to all households in the service area.12 24. The franchising authority may grant an additional franchise in an already -franchised service area if the terms and conditions of the additional franchise are not "more favorable or less burdensome than those in the existing franchise" regarding the area served, the PEG access requirements, and franchise fees.13 25. The additional franchise must also include, among other things, "a schedule showing ... that the construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise."14 26. In order to ensure that any additional franchise granted to CenturyLink would contain substantially similar service area, PEG access requirements, and franchise fees to the Comcast Franchise, the Commission used the Comcast Franchise as the base document for its negotiations. 10 See 47 U.S.C. § 541(a)(1); Minn. Stat. §§ 238.08, .084; see also Franchise Report at 2-8. 11 47 U.S.C. § 541(a)(1). 12 47 U.S.C. § 541(a)(4). 13 Minn. Stat. § 238.08, subd. 1(b). 14 Minn. Stat. § 238.84, subd. 1(m). page 55 27. On February 28, 2016 the City Council gave notice that it intended to introduce an ordinance granting a cable communications franchise to CenturyLink. 28. Copies of the CenturyLink Franchise were made available to the public on February 29, 2016, and to Comcast, on February 26, 2016. 29. On March 15, 2016, the City Council introduced Ordinance No. 493 an Ordinance of the City of Mendota Heights, Minnesota Granting a Cable Communications Franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink ("CenturyLink Franchise"). 30. The CenturyLink Franchise encompasses the same Service Territory encompassed by the Comcast Franchise.15 31. The franchise fee percentage required by the CenturyLink Franchise is identical to that required by the Comcast Franchise.16 32. The PEG access requirements in the CenturyLink Franchise mandate certain obligations, such as HD channel capacity for all PEG channels that go beyond the commitments made in the Comcast franchise.' 7 33. The City recognizes that CenturyLink, which currently offers no cable communications services in the Service Territory, cannot justify a large initial deployment because it "realistically cannot count on acquiring a share of the market similar to Comcast's share ... [and] must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding."'s 34. The CenturyLink Franchise therefore requires CenturyLink's initial deployment to be capable of serving at least fifteen percent (15%) of the living units in the Service Territory within two (2) years. CenturyLink is further required to commit a significant portion of its initial investment to areas below the median income within the City.19 35. The CenturyLink Franchise permits the City to monitor CenturyLink's progress and compliance with build -out requirements via quarterly meeting and accelerates the build -out schedule if CenturyLink has market success, with the goal and expectation that build -out will be substantially complete before the CenturyLink Franchise's five (5) year term expires.20 15 CenturyLink Franchise §2.7; Comcast Franchise § 2.8. 16 CenturyLink Franchise §8.3; Comcast Franchise § 8.3. 17 CenturyLink Franchise §6 and Exhibit A; Comcast Franchise § 6 and Exhibit B. 18 621 Order at ¶ 35. 19 CenturyLink Franchise §2.8. 20 CenturyLink Franchise §2.9- 2.10. page 56 36. During its regularly scheduled meeting on March 15, 2016, the City Council held a public hearing at which all interested parties are provided an opportunity to speak and present information regarding the proposed CenturyLink Franchise. WHEREAS, the City has considered these facts and the cable -related needs and interests of the community: NOW THEREFORE, the City Council for the City of Mendota Heights, Minnesota hereby resolves as follows: 1. The foregoing findings are adopted as the official findings of the City Council and made a part of the official record. 2. The City has authority to adopt an ordinance granting a cable communications franchise to CenturyLink for the Service Territory. 3. The City may not unreasonably refuse to award a competitive cable communications franchise to CenturyLink. 4. The City and its residents will benefit from adoption of the CenturyLink Franchise, which will introduce facilities -based competition into the cable communications market in the Service Territory and thereby reduce costs to consumers and increase the quality and availability of services. 5. CenturyLink is legally, technically, and financially qualified to operate a cable communications system in the Service Territory and has complied with all application requirements. 6. The City has complied with all franchise application requirements imposed by State and federal law, including those identified herein or in the Franchise Report. 7. The terms and conditions of the CenturyLink Franchise pertaining to service area, a PEG access requirement, and franchise fees are not more favorable or less burdensome than the corollary terms of the Comcast Franchise. 8. The CenturyLink Franchise's initial deployment requirement of fifteen percent (15%) within two (2) years and five (5) year timeline for substantially completing build -out provides a reasonable period of time for CenturyLink to become capable of reaching full deployment and is therefore consistent with both State and federal law. 9. The Ordinance Granting a Cable Communications Franchise for Qwest Broadband Services, Inc., d/b/a CenturyLink is formally and finally adopted. 10. The City finds and concludes that its actions are appropriate, reasonable, and consistent in all respects with the mandates set forth in Chapter 238 of Minnesota Statutes and applicable provisions of federal law, including 47 U.S.C. § 541(a). page 57 PASSED AND ADOPTED in regular session of the City Council of the City of Mendota Heights, Minnesota this 15th day of March, 2016. Mayor of the City of Mendota Heights, Minnesota Sandra Krebsbach Printed Name ATTEST: City Clerk Lorri Smith Printed Name page 58 CABLE TELEVISION FRANCHISE ORDINANCE FOR QWEST BROADBAND SERVICES, INC. D/BA/ CENTURYLINK INC. CITY OF MENDOTA HEIGHTS, MINNESOTA March 15, 2016 page 59 TABLE OF CONTENTS SECTION 1. SHORT TITLE AND DEFINITIONS 2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 7 SECTION 3. CONSTRUCTION STANDARDS 13 SECTION 4. DESIGN PROVISIONS 17 SECTION 5. SERVICE PROVISIONS 20 SECTION 6. LOCAL CHANNELS AND NETWORK DROP PROVISIONS 25 SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS 28 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 28 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 30 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 36 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 39 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 39 SECTION 13. MISCELLANEOUS PROVISIONS 40 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 42 EXHIBIT A GRANTEE COMMITMENT TO PEG ACCESS FACILITIES AND EQUIPMENT EXHIBIT B SERVICE TO PUBLIC AND PRIVATE BUILDINGS EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET EXHIBIT D INDEMNITY AGREEMENT page 60 ORDINANCE NO. 493 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK ("GRANTEE") TO CONSTRUCT, OPERATE, AND MAINTAIN A COMPETITVE CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of Mendota Heights, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the consumer, business and economic development benefits of facilities based competition in the Cable Communications market place. Such competition can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a competitive Cable System. Adoption of this Franchise is, in the judgment of the City Council, in the best interests of the City and its residents. FINDINGS In the review of the request for a competitive franchise by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for operating the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; 4. The City has exercised its authority under Minnesota law to enter into a Joint and Cooperative Agreement, and an Amended Joint and Cooperative Agreement, with other cities authorized to grant a cable communications franchise, and has delegated authority to the Northern Dakota County Cable Communications Commission to make recommendations to the City regarding this Franchise and to be responsible for the ongoing administration and enforcement of this Franchise as herein provided; and 5. The Franchise granted to Grantee is nonexclusive. page 61 SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the CenturyLink Cable Television 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. "Affiliate" shall mean any Person controlling, controlled by or under common control of Grantee. b. "Applicable Laws" means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable to Grantee by any governmental authority of competent jurisdiction. c. "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 Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). d. "Cable Service" or "Service" means (A) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service or Service as defined herein shall not be inconsistent with the definition set forth in 47 U.S.C. § 522(6). e. "Cable System" or "System" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities located in the 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 definition set forth in 47 U.S.C. § 522(7). Unless otherwise specified, it shall in this document refer to the Cable System utilized by the Grantee in the City under this Franchise. f. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission. g. "City" means the City of Mendota Heights, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. page 62 h. "City Code" means the Municipal Code of the City of Mendota Heights, Minnesota, as may be amended from time to time. i. "City Council" means the governing body of the City of Mendota Heights, Minnesota. j. "Commission" means the Northern Dakota County Cable Communications Commission or its successors or delegations, including representatives of the Member Cities as may exist pursuant to a then valid and existing Joint and Cooperative Agreement and Amended Joint and Cooperative Agreement between Member Cities. k. "Commission Office" or "Commission Facility" means the facility located at 5845 Blaine Avenue, Inver Grove Heights, Minnesota 55076-1401 or alternative location established in the Commission's sole discretion. 1. "Day" unless otherwise specified shall mean a calendar day. m. "Demarcation Point" means the mutually agreed upon physical point at which the Cable System enters a Subscriber's home or building. n. "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. o. "Effective Date" shall mean March 20, 2016. P. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. q. "Franchise" or "Cable Franchise" means this ordinance and the regulatory and contractual relationship established hereby. r. "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. s. "Franchise Fee" shall mean the fee assessed by the City to Grantee, in consideration of Grantee's right to operate the Cable System within the City's streets and Rights -of -Way, determined in amount as a percentage of Grantee's Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E). t. "FTTH" ("Fiber to the Home") means fiber directly to the household. u. "FTTN" ("Fiber to the Neighborhood") means fiber directly to the neighborhood terminating at Remote Terminals. page 63 v. "GAAP" means generally accepted accounting principles 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"). w. "Grantee" means Qwest Broadband Services, Inc. d/b/a CenturyLink, its agents, employees, lawful successors, transferees or assignees. x. "Gross Revenue" means any and all compensation in whatever form, from any source, directly or indirectly earned by Grantee or any Affiliate of Grantee or any other Person who would constitute a cable operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Service within the City. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services including Basic Cable Service, any expanded tiers of Cable Service, optional premium or on - demand services; pay-per-view services; Pay Services, installation, disconnection, reconnection and change -in-service fees, leased access Channel fees, other service fees such HD fees, convenience fees, broadcaster fees, bill payment fees and related charges imposed by Grantee regarding the provision of Cable Services; all Cable Service lease payments from the Cable System to provide Cable Services in the City, late fees and administrative fees, payments or other consideration received by Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; revenues from rentals or sales of Set Top Boxes or any other Cable System equipment; advertising sales revenues booked in accordance with Applicable Law and GAAP; revenues from program guides and electronic guides, additional outlet fees, Franchise Fees required by this Franchise, revenue from Interactive Services to the extent they are considered Cable Services under Applicable Law; revenue from the sale or carriage of other Cable Services, revenues from home shopping and other revenue-sharing arrangements. Grantee agrees that Gross Revenues shall include all commissions paid to any Affiliate of the Grantee, or their successors, associated with sale of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising. Copyright fees or other license fees paid by Grantee shall not be subtracted from Gross Revenues for purposes of calculating Franchise Fees. Gross Revenues shall include revenue received by any entity other than Grantee where necessary to prevent evasion or avoidance of the obligation under this Franchise to pay the Franchise Fees. Gross Revenues shall not include any taxes on services furnished by Grantee, which taxes are imposed directly on a Subscriber or user by a city, county, state or other governmental unit, and collected by Grantee for such entity. The Franchise Fee is not such a tax. Gross Revenues shall not include amounts which cannot be collected by Grantee and are identified as bad debt; provided that if amounts previously representing bad debt are collected, then those amounts shall be included in Gross Revenues for the period in which they are collected. Gross Revenues shall not include payments for PEG Access support. The City y page 64 acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. "Installation" means the connection, by or on the behalf of the Grantee, of the System from feeder cable to the point of connection with the Subscriber Set Top Box or other terminal equipment. z. "Institutional Network" or "I -Net" means a communications network which is described in Section 7 herein and which is generally available only to Subscribers who are not residential Subscribers. aa. "Interactive Services" are those services provided to Subscribers whereby the Subscriber either (a) both receives information consisting of either television or other signal and transmits signals generated by the Subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the Subscriber or for any other purpose or (b) transmits signals to any other location for any purpose. bb. "Living Unit" means a distinct address as tracked in the QC network inventory, used by Grantee to identify existing or potential Subscribers. This includes, but is not limited to, single family homes, multi -dwelling units (e.g., apartment buildings and condominiums) and business locations. cc. "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. dd. "Local Origination" means programming produced by the Grantee, the Commission, or the City staff regarding issues and events affecting the Member Municipalities of the Commission. Local origination programming may include public, education, and government access programming ee. "Member Cities" or "Member Municipalities" means those cities that are parties to a then valid and existing joint powers agreement which, at the time of granting this Franchise, include Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St. Paul. ff. "Mosaic Channel" means a Channel which displays miniaturized media screens and related information for a particular group of Channels with common themes. The Mosaic Channel serves as a navigation tool for Subscribers, which displays the group of Channels on a single Channel screen and also provides for easy navigation to a chosen Channel. gg. "Normal Business Hours" means those hours during which most similar businesses in the City are open to serve customers. In all cases, "Normal Business Hours" shall include some evening hours at least one night per week and/or some weekend hours. page 65 hh. "Normal Operating Conditions" means those service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. ii. "Other Video Programming" means information that a cable operator makes available to all Subscribers generally. jj. "Pay Service" means programming (such as certain on -demand movie channels or pay-per-view programs) offered individually to Subscribers on a per -channel, per - program or per -event basis. kk. "PEG" means public, educational and governmental. 11. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. mm. "QC" means Qwest Corporation, a wholly owned subsidiary of CenturyLink, Inc. and an Affiliate of Grantee. nn. "Qualified Living Unit" means a Living Unit which meets the minimum technical qualifications defined by Grantee for provision of Cable Service. A Living Unit receiving a minimum of 25 Mbps downstream will generally be capable of receiving Cable Service subject to Grantee performing certain network grooming and conditioning. oo. "Remote Terminal" means a facility that is located in a neighborhood, which houses the electronics used to support the provision of Cable Services. pp. "Right -of -Way" or "Rights -of -Way" means the area on, below, or above any real property in the 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 the City, including other dedicated Rights -of -Way for travel purposes and utility easements. qq. "Right -of -Way Ordinance" means any ordinance codifying requirements regarding regulation, management and use of Rights -of -Way in the City, including registration and permitting requirements. rr. "Set Top Box" 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 Subscriber's service. page 66 ss. "Signal" means any digital electrical or light impulses carried on the Cable System, whether one-way or bi-directional. tt. "Subscriber" means any Person who lawfully receives Cable Service via the Cable System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means each lessee, tenant or occupant, not the building owner. uu. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. vv. "Wireline MVPD" means a multichannel video programming distributor that utilizes the streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of Video Programming in the City. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1 Grant of Franchise. a. The City hereby authorizes Grantee to occupy or use the City's Rights -of -Way subject to: 1) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. b. Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee involved in the offering of Cable Service in the City, or directly involved in the ownership, management or operation of the Cable System in the City, shall also comply with all obligations of this Franchise. However, the City and Grantee acknowledge that QC will be primarily responsible for the construction and installation of the facilities in the Rights -of -Way which will be utilized by Grantee to provide Cable Services. So long as QC does not provide Cable Service to Subscribers in the City, QC will not be subject to the terms and conditions contained in this Franchise. QC's installation and maintenance of facilities in the Rights -of -Way is governed by applicable local, state and federal law. To the extent Grantee constructs and installs facilities in the Rights -of -Way, such installation will be subject to the terms and conditions contained in this Franchise. Grantee is responsible for all provisions in this Franchise related to: 1) its offering of Cable Services in the City; and 2) the operation of the Cable System regardless of what entity owns or constructs the facilities used to provide the Cable Service. The page 67 City and Grantee agree 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 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, including the terms of this Franchise, shall be deemed a material breach of this Franchise by Grantee. 2. Grant of Nonexclusive Authority. a. The Grantee shall have the right and privilege, subject to the permitting and other lawful requirements of the City Code, to construct, erect, and maintain, in, upon, along, across, above, over and under the Rights -of -Way in the 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 ground 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 the 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 or reasonably anticipated future use of the Right -of - Way. c. This Franchise shall be nonexclusive, and the City reserves the right to grant a use of said Rights -of -Way to any Person at any time during the period of this Franchise for the provision of Cable Service. Such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described herein. At a minimum, the City shall comply with Minn. Stat. § 23 8.08, subd. 1(b) and subd. 1(c) when granting such additional franchise. d. Before granting an additional cable television franchise, the City shall give written notice to the Grantee of any other proposal to service all or part of the Franchise Area, identifying the applicant for such additional franchise and specifying the date, time, and place at which the City shall consider and/or determine whether such additional cable television franchise should be granted. 3. Lease or Assignment Prohibited. No Person may lease any portion of Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid franchise or other lawful authorization from the City. 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 term of five (5) years from the date of acceptance by Grantee, unless terminated sooner as hereinafter provided. Six (6) page 68 months prior to the expiration of the initial five (5) year term, if the City determines that Grantee is in compliance with all other material terms of this Franchise including the build out obligations set forth in this Franchise as required by Applicable Law, the City shall have the unilateral right to extend the Franchise for an additional five (5) year term and notify Grantee in writing. 5. Compliance with Applicable Laws and the City Code. 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 the City. However, Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, and eminent domain rights of the City. This Franchise may be modified or amended with the written consent of Grantee and the City as provided in Section 13, Paragraph 3 herein. b. Grantee shall comply with the terms of the City Code, including any Right -of - Way Ordinance, which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8 herein, except that Grantee shall not, through application of such City Code requirement or regulation of Rights -of - Way, be subject to additional burdens with respect to usage of Rights -of -Way which conflict with federal law or exceed burdens on similarly situated Rights -of - Way users. c. In the event of any conflict between Section 3 and/or Section 8 of this Franchise and any lawful and generally applicable City Code provision which addresses usage of the Rights -of -Way, the conflicting terms in Section 3 and/or Section 8 of this Franchise shall be superseded by such City Code provision, 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 conflicts with federal law or exceeds burdens on similarly situated Rights -of -Way users. d. In the event any lawfully and generally applicable City Code provision 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 of this Franchise, Grantee shall comply with such City Code provision 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 conflicts with federal law or exceeds 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 the 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, in accordance with Section 2, Paragraph 14. The City shall provide a written response within seventeen (17) page 69 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. f. Except as otherwise set forth in Section 2, Paragraph 5 (a -e), in the event of a conflict with the City Code, the terms of this Franchise shall govern. 6. Rules of Grantee. Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with Applicable Laws. 7. Franchise Area. The Grantee is hereby authorized to provide Cable Services over a Cable System within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. The parties acknowledge that Grantee is not the first entrant into the wireline video market in the City. The Grantee acknowledges that the City desires wireline competition throughout the entire City so all residents may receive the benefits of competitive Cable Services. Grantee aspires to provide Cable Service to all households within the City by the end of the five (5) year term of this Franchise. Grantee agrees that its deployment of Cable Service in the City will be geographically dispersed throughout the City, and shall be made available to diverse residential neighborhoods of the City without discrimination. 8. Initial Build out. No later than the second anniversary of the Effective Date of this Franchise, Grantee shall: (i) be capable of serving a minimum of fifteen percent (15%) of the City's households with Cable Service, provided, however, Grantee will make its best efforts to complete such deployment within a shorter period of time; and (ii) activate at least one (1) Remote Terminal capable of offering Cable Service in each of the seven (7) Member Cities. This initial minimum build -out commitment shall include 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. 9. Quarterly Meetings. In order to permit the Commission to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, upon demand, promptly make available to the Commission maps and other documentation showing exactly where within the City the Grantee is currently providing Cable Service through FTTN and FTTH. Grantee shall meet with the Commission, not less than once quarterly, to demonstrate Grantee's compliance with the provisions of this section concerning the deployment of Cable Services in each Member City including, by way of example, the provision of this section in which Grantee commits that a significant portion of its initial investment will be targeted to areas below the median income within the City, and the provisions of this section that prohibit discrimination in the deployment of Cable Services to certain Member Cities on the basis of the income level of the residents of those Member Cities. In order to permit the Commission and the City to monitor and page 70 enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, commencing ninety (90) Days after the Effective Date, and continuing throughout the term of this Franchise, meet quarterly with the Commission and provide reports and make available maps showing the Commission the following information: a. The total number of Living Units throughout the City; b. The total number of Qualified Living Units; and c. Information demonstrating Grantee's commitment that a significant portion of Grantee's initial investment and Grantee's deployment of Cable Services in the City has been targeted to households below the City's median household income. 10. 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 from Grantee, 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, Grantee shows that it is capable of serving sixty percent (60%) of the households in the City with Cable Service and is actually serving thirty percent (30%) of those households with Cable Service, then Grantee will agree to serve an additional fifteen percent (15%) of the total households in the City no later than two (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. 11. Nondiscrimination. Grantee shall provide Cable Service under non-discriminatory rates and reasonable terms and conditions to all Living Units in the City where the Grantee is capable of providing Cable Service. Grantee shall not arbitrarily refuse to provide Cable Services to any Living Unit where the Grantee is capable of providing Cable Service. Grantee shall provide information to the City clearly identifying all Qualified Living units in the City. Grantee shall not deny Cable Services to any group of Living Units based upon the income level of residents of the local area in which such group resides, nor shall Grantee base decisions about construction or maintenance of its Cable System or facilities based upon the income level of residents of the local area in which such group resides. Grantee shall provide such service at non-discriminatory monthly rates for residential Subscribers, consistent with Applicable Law. Grantee shall not discriminate between or among any individuals in the availability of Cable Service based upon income in accordance and consistent with 47 U.S.C. Section 541(a)(3), or based upon race or ethnicity. 12. Standard Installation. Except as otherwise provided in this Franchise, where Grantee is capable of providing Cable Service, Grantee shall provide Cable Services at its Standard Installation rates within seven (7) Days of a request by any Qualified Living Unit. A page 71 request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee or receipt by Grantee of a verified verbal or written request. 13. Multiple Dwelling Units. Grantee shall ensure that rates charged by Grantee to residents of multiple dwelling unit buildings do not exceed the charges paid by residents of single family homes. Grantee may not condition provision of services to multiple dwelling unit buildings on any requirement not imposed on other Subscribers. Grantee may not condition provision of services to multiple dwelling unit buildings on an exclusive service agreement with Grantee. Grantee may offer a building owner the option of a long-term agreement in return for installation of internal wiring or other telecommunications improvements unique to the building, but Grantee must offer the alternative of a no term agreement to building owners who wish to contract directly for installation by a contractor approved by Grantee and in accordance with Grantee's generally applicable technical standards. The foregoing does not restrict, condition, or inhibit Grantee's ability to negotiate longer-term right of entry agreements prior to offering service to multiple dwelling unit building residents for the purpose of maintaining Grantee's on-site signal and facilities. For purposes of this section, a "right of entry agreement" means an agreement that permits Grantee access to the building to extend its distribution cable from the Cable System in the Right -of -Way or public easement to the utility closet or other Demarcation Point in the multiple dwelling unit building. 14. 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 the Grantee or the City's administrator of this Franchise during Normal Business Hours 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 Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 If to Commission: Executive Director Northern Dakota County Cable Communications Commission 5845 Blaine Avenue Inver Grove Heights, MN 55076 If to Grantee: CenturyLink Attn: Public Policy 200 S 5th Street 21st Floor Minneapolis, MN 55402 With a courtesy copy to: CenturyLink Attn: Public Policy page 72 1801 California St. Room 1000 Denver, CO 80202 Recognizing the widespread usage and acceptance of electronic forms of communication, emails will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above. 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, Construction Codes, and Cooperation. a. Grantee agrees to obtain a permit as required by the City prior to removing, abandoning, relocating or reconstructing, if necessary, any portion of its facilities. Notwithstanding the foregoing, the City understands and acknowledges there may be instances when Grantee is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. Grantee shall notify the City prior to such repairs, if practicable, and shall obtain the necessary permits in a reasonable time after notification to the City. b. Generally applicable fees and reimbursement paid through the permitting process is separate, and in addition to, any other fees included in the Franchise. c. 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. d. Grantee shall not open or disturb the surface of any Rights -of -Way or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. 2. Use of existing poles or conduits. a. Grantee shall utilize existing poles, conduits and other facilities whenever commercially and technologically feasible, and shall not construct or install any new, different or additional poles whether on public property or on privately - owned property until the written approval of the City is obtained. No location or any pole or wire -holding structure of Grantee shall be a vested interest, and any Grantee poles or structures shall be removed or modified by Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby. page 73 b. The facilities of Grantee shall be placed underground where all utility lines are placed underground. 3. Minimum Interference. a. 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. b. All transmission and distribution structures, lines and equipment maintained by Grantee shall be located so as to cause minimum interference with the unencumbered use of Rights -of -Way and other public places except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Rights -of -Way and public places. 4. Disturbance or damage. Any and all Rights -of -Way, or public or private property, which are disturbed or damaged during the repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the Grantee's System shall be promptly and fully restored by Grantee, at its expense, to substantially the same condition as that prevailing prior to Grantee's work, as determined by the City. If Grantee shall fail to promptly perform the restoration required herein, after written request of the City and reasonable opportunity to satisfy that request, the City shall have the right to put the Rights -of -Way, public, or private property back into substantially the same condition as that prevailing prior to Grantee's work. In the event the City determines that Grantee is responsible for such disturbance or damage and fails to restore as set forth in this section, Grantee shall be obligated to fully reimburse the City for such restoration within thirty (30) Days after its receipt of the City's invoice therefor. 5. Temporary Relocation. a. At any time during the period of the Franchise, Grantee shall, at its own expense, protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of the City, (i) the same is required by reason of traffic conditions, public safety, Rights -of -Way vacation, the City freeway or Rights -of - Way construction, the City alteration to or establishment of any Rights -of -Way or any facility within the Rights -of -Way, sidewalk, or other public place, including but not limited to, installation of sewers, drains, waterlines, power lines, traffic signal lines or transportation facilities; or (ii) a City project or activity makes temporary disconnection, removal, or relocation necessary or less expensive for the City. b. Grantee shall, on request of any Person holding a permit to move a building, temporarily raise or lower its wires to permit the movement of such buildings. The actual expense of such temporary removal or raising or lowering of wires shall be paid by the Person requesting the same, and Grantee shall have the page 74 authority to require such payment in advance. Grantee shall be given not less than ten (10) Days advance written notice from such Person holding a permit to arrange such temporary wire alterations. 6. Emergency. Whenever, in case of fire or other emergency, it becomes necessary in the judgment of the city administrator, police chief, fire chief, or their delegates, to remove or damage any of Grantee's facilities, no charge shall be made by Grantee against the City for restoration, repair or damages. Notwithstanding the above, Grantee reserves the right to assert a right of reimbursement or compensation from any responsible party. 7. Tree Trimming. Grantee shall have the authority to trim trees on public Rights -of -Way at its own expense as may be necessary to protect its wires and facilities, subject to any required supervision and direction by the City. Trimming of trees on private property shall require consent of the property owner. Any trimming of trees by the Grantee in the Rights -of -Way shall be subject to such generally applicable regulation as the city administrator or other authorized official may establish to protect the public health, safety and convenience. 8. Protection of Facilities. Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Rights -of -Way or public place or the construction or reconstruction of any sewer or water system. 9. Installation Records. Grantee shall keep accurate installation records, maps or diagrams, of the location of its facilities in the Rights -of -Way and public ways and furnish them to the City upon request. Grantee shall cooperate with the City to furnish, if possible, such information in an electronic mapping format compatible with the then - current City electronic mapping format. At the commencement of this Franchise and upon completion of any further construction or relocation of underground facilities in the Rights -of -Way and public ways, Grantee shall provide the City, if possible, with installation records in an electronic format compatible with the then -current City electronic mapping format showing the location of the underground and above ground facilities. 10. Locating Facilities. a. If, during the design process for public improvements, the City discovers a potential conflict with proposed construction, Grantee shall either: (a) locate and, if necessary, expose its facilities in conflict or (b) use a location service under contract with the City or State to locate or expose its facilities. Grantee is obligated to furnish the location information in a timely manner, but in no case longer than thirty (30) Days. b. The City reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any Rights -of -Way, aerial, surface, or subsurface improvement, including but not page 75 limited to water mains, traffic control conduits, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the Rights -of -Way of the City limits. 11. City's Rights. Nothing in this Franchise shall be construed to prevent the 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. 12. Interference with the City Facilities. The installation, use and maintenance of Grantee's facilities within the Rights -of -Way and public ways authorized herein shall be in such a manner as not to unreasonably interfere with the City's placement, construction, use and maintenance of its Rights -of -Way and public ways, Rights -of -Way lighting, water pipes, drains, sewers, traffic signal systems or other City systems that have been, or may be, installed, maintained, used or authorized by the City. 13. Interference with Utility Facilities. Grantee agrees not to install, maintain or use any of its facilities in such a manner as to damage or unreasonably interfere with any existing facilities of a utility located within the Rights -of -Way and public ways of the City. Nothing in this section is meant to limit any rights Grantee may have under Applicable Laws to be compensated for the cost of relocating its facilities from the utility that is requesting the relocation. 14. Collocation. To maximize public and employee safety, to minimize visual clutter of aerial plant, and to minimize the amount of trenching and excavation in and along the City Rights -of -Way and sidewalks for underground plant, Grantee shall make every commercially reasonable effort to collocate compatible facilities within the Rights -of - Way subject to the engineering requirements of the owners of utility poles and other facilities, in the case that relocation or extension of Grantee's facilities is approved or required by the City. 15. Safety Requirements. a. Grantee shall at all times employ ordinary and reasonable care and shall install, maintain, and use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. Grantee shall install and maintain its System and other equipment in accordance with the City Code 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 the City's communications technology related to health, safety and welfare of the residents. c. Cable System structures, lines, equipment and connections in, over, under and upon the Rights -of -Way of the 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 the City or any Person. page 76 SECTION 4. DESIGN PROVISIONS 1 System Description. a. The Cable System shall have a bandwidth capable of providing the equivalent of a typical 750 MHz Cable System. Recognizing that the City has limited authority under federal law to designate the technical method by which Grantee provides Cable Service, as of the Effective Date of this Franchise, Grantee provides its Cable Service utilizing two (2) different architectures. First, using a passive optical network ("PON") platform, the Grantee provides Cable Service to some Qualified Living Units by connecting fiber directly to the household ("FTTH"). Second, the Grantee provides Cable Service to some Qualified Living Units by deploying fiber into the neighborhoods to Remote Terminals and using the existing copper infrastructure to increase broadband speeds ("FTTN"). In both the FTTH and FTTN footprint, a household receiving a minimum of 25 Mbps shall be generally capable of receiving Cable Service after Grantee performs certain network grooming and conditioning. Grantee shall determine in its discretion where to upgrade its network to convert these households to Qualified Living Units. b. Grantee shall use equipment used in high-quality, reliable, modern Cable Systems of similar design. The System shall be designed such that at a minimum all technical specifications of this Franchise are met. The System shall be designed such that no noticeable degradation in signal quality will appear at the Subscriber terminal. c. All final programming decisions remain the discretion of Grantee in accordance with this Franchise, provided Grantee notifies the City and Subscribers in writing thirty (30) Days prior to any Channel additions, deletions, or realignments in the manner and to the extent required by federal law and subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536 and to the City's rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Channels shall be governed by Section 6 and Exhibit A. 2. Interruption of Service. To the extent within Grantee's control in the ordinary course of business, 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 rebuttably presumed to be between the hours of 12:00 a.m. and 6:00 a.m. local time. If service is interrupted for a total period of more than twenty-four (24) continuous hours to one or more Subscribers in any thirty (30) Day period, those Subscribers shall, upon request, be credited pro rata for such interruption. 3. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the applicable technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be page 77 designed, constructed, routinely inspected, and maintained to guarantee that the Cable System meets or exceeds the requirements of the most current editions of the National Electrical Code (NFRA 70) and the National Electrical Safety Code (ANSI C2). In all matters requiring interpretation of either of these codes, the City's interpretation shall control over all other sources and interpretations. 4. Special Testing. a. Throughout the term of this Franchise, the City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. b. Before ordering such tests, Grantee shall be afforded thirty (30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the 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 the City and Grantee shall cooperate in such testing. 5. Drop Testing and Replacement. To the extent applicable, Grantee shall insert a 750 MHz carrier or equivalent at a level 10db below the video carriers that shall be measured and recorded by Grantee as a normal procedure during all service and installation calls. In addition, the Drops and related passive equipment may be inspected to assure that the Drop and passive equipment can pass the full 750 MHz System capacity. In the event measurement of the carrier or the inspection demonstrates that a Drop or associated passive equipment does not pass the full 750 MHz, the Subscriber address will be recorded by Grantee, and Grantee shall provide the City and the Commission, or their designees, upon request, a report indicating the addresses where Drops or associated passive equipment have failed. Grantee shall replace all failing Drops and/or associated passive equipment at the time the address upgrades service to a level which requires a signal above the 550 MHz spectrum at no separate charge to the individual Subscriber. 6. FCC Reports. The results of any tests required to be filed by Grantee with the FCC or placed in Grantee's public inspection file as required by FCC rules, shall also be made page 78 available to the City or its designee upon request within ten (10) Days of the date of request. 7. Annexation. Upon the annexation of any additional land area by the City, the annexed area shall thereafter be subject to all the terms of this Franchise immediately upon notification to Grantee of the annexation by the City. 8. Line Extension. a. Grantee shall construct and operate its Cable System to as to provide service to all parts of its Franchise Area as provided in this Franchise and having a density equivalent to seven (7) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using aerial plant, and ten (10) dwelling units per one-quarter (1/4) mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen (15) Days advance notice of an available open trench for the placement of necessary cable. b. Where the density is less than that specified above, Grantee shall inform Persons requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each Person requesting service shall not exceed a pro rata share of the actual cost of extending the service and Grantee shall not be obligated to extend its System until seventy-five percent (75%) of the Persons requesting service in such area have prepaid their pro rata share of the extension. c. Any residential unit located within one -hundred twenty-five (125) feet of the nearest active plant on Grantee's System shall be connected to the System at no charge other than the Standard Installation charge. Grantee shall, upon request by any potential Subscriber residing in the City beyond the one hundred twenty-five (125) foot limit, extend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs. d. Under Normal Operating Conditions, if Grantee cannot perform installations within the times specified in applicable customer standards, the Subscriber may request and is entitled to receive a credit equal to the charge for a Standard Installation. For any installation that is not a free installation or a Standard Installation, Grantee shall provide the Subscriber with a written estimate of all charges within twelve (12) Days of a request by the Subscriber. Failure to comply will subject Grantee to appropriate enforcement actions. This section does not apply to the introduction of new products and services when Grantee is utilizing a phased introduction. page 79 e. 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, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe to complete deployment to the remaining households in the City, including the density requirements set forth in Section 4, Paragraph 8 (a -d) above. 9. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 10. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device in accordance with Applicable Law. 11. Home Wiring. In order to ensure consumer choice for all Wireline MVPDs, Grantee shall fully cooperate with all Wireline MVPDs. Grantee shall further, upon request, provide all Wireline MVPDs immediate access to all "home run" wiring in a multiple dwelling unit, provided however, that if the equipment is owned by Grantee, the competitive provider shall, in accordance with Minnesota Statutes Section 238.25, and upon request, reimburse Grantee its pro rata cost of the home run wiring and installation, reduced to the extent of cumulative depreciation of the home run wiring at the time the competitive provider begins providing service. SECTION 5. SERVICE PROVISIONS 1. Regulation of Service Rates. 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 Applicable Laws. The City and the Commission reserve the right to regulate rates for any future services to the extent permitted by Applicable Laws. Any rate regulation undertaken by the City shall at all times comply with the rate regulations of the FCC at 47 C.F.R. §76.900 et. seq., as may from time to time be amended. 2. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing any of its services within the City. In its initial communication or contact with a prospective Subscriber and in all general solicitation materials marketing the Grantee or its services as a whole, Grantee shall inform the prospective Subscriber of all levels of service available, including the lowest priced service tiers. Grantee shall have the right to market door-to-door during reasonable hours consistent with Applicable Laws. 3. Consumer Protection and Service Standards. Grantee shall at all times comply with all of the standards and requirements for customer service set forth in this Section 5, Paragraph 3 (c -f) below during the term of this Franchise. During the term of the Franchise the Grantee shall comply with one (1) of the following requirements, a or b below. a. Grantee shall maintain one (1) or more convenient local customer service and bill payment business office locations within the Commission Franchise Area (i.e. within one (1) or more of the Member Cities' Franchise Areas) for matters such as page 80 receiving Subscriber payments, handling billing questions, equipment drop-off, pick up or replacement and customer service information. The Grantee shall maintain a business office or offices for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions and replacement, billing disputes, property or service restoration issues and similar customer service matters. The office must be reachable by a local, toll-free telephone call. b. Grantee shall maintain convenient local Subscriber service and bill payment locations for the purpose of receiving Subscriber payments or equipment returns. Unless otherwise requested by the Subscriber, Grantee shall deliver equipment directly to the Subscriber at no cost to the Subscriber. The Grantee shall maintain a business office or offices for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions and replacement, billing disputes, property or service restoration issues and similar customer service matters. The office must be reachable by a local, toll-free telephone call, and Grantee shall provide the City with the name, address and telephone number of an office that will act as the Grantee's agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. At a minimum Grantee shall also provide the following: i. Multiple third party commercial locations within the Commission's Franchise Area (such as grocery stores or check cashing establishments, e.g. Western Union) at which Subscribers can remit payments and receive immediate receipts and transaction activation numbers allowing them to expeditiously maintain or restore Cable Service. ii. Grantee will provide a service technician to any Qualified Living Unit in the City, free of charge to the Subscriber, where necessary to repair, replace or troubleshoot equipment issues. iii. Subscribers shall be able to return and receive equipment, free of charge, via national overnight courier service (such as FedEx or UPS) if a service technician is not required to visit the Subscriber's Qualified Living Unit. iv. In the event Grantee provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers within Commission Franchise Area served by cable operators franchised within the Commission Franchise Area, the Grantee shall then be required to comply with the requirements of Section 5, Paragraph 3 (a) above. c. Grantee shall comply with the following consumer protection standards: Cable System office hours and telephone availability: i. Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. page 81 1. Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. 2. After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. ii. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. iii. Grantee shall provide the Commission and the City with the name, address and telephone number of an office that will act as the Grantee's agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. Grantee will maintain an "escalated complaint process" to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to the City and the Commission via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with the City or the Commission in writing by email (and by phone when necessary) with a summary of the results of the complaint(s). iv. The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. v. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. vi. Customer service center and bill payment locations will be open at least during Normal Business Hours. Payment drop boxes shall be emptied at least once a day, Monday through Friday, with the exception of legal holidays, and payments shall be posted to Subscribers' accounts within forty-eight (48) hours of pick-up. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee to empty a drop box as specified herein, or to properly credit a Subscriber for a payment page 82 timely made. Grantee shall provide Subscribers with notice regarding drop box payment, pick up and posting procedures. d. Installations, outages and service calls. Under Normal Operating Conditions, each of the following four (4) standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: i. Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard" Installations are those that are to a Qualified Living Unit. ii. Excluding conditions beyond the control of Grantee, Grantee will begin working on "service interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification of the service problem. iii. The "appointment window" alternatives for Installations, service calls, and other Installation activities will be either a specific time or, at maximum, a four-hour time block during Normal Business Hours. (Grantee may schedule service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) iv. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. v. If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. vi. For purposes of determining conditions beyond the control of Grantee under this section, power outages of Grantee's power supplies or telephone system may be within the control of Grantee. e. Communications between Grantee and Subscribers: i. Notifications to Subscribers: 1. Grantee shall provide written information on each of the following areas at the time of Installation of service, at least annually to all Subscribers, and at any time upon request: a. Products and services offered; b. Prices and options for all levels, including free programming services and conditions of subscription to programming and other services; page 83 c. Installation and service maintenance policies; d. Instructions on how to use the Cable Service; e. Channel positions of the programming carried on the System; and f. Billing and complaint procedures, including the address and telephone number of the Commission's office. 2. Customers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the changes are within the control of Grantee. In addition, the Grantee shall notify Subscribers thirty (30) Days in advance of any significant changes in the other information required by Section 5, Paragraph 3(e)(i)(1) above. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, Franchise Fee, or other fees, tax, assessment or charge of any kind imposed by any federal agency, state or franchising authority on the transaction between the operator and the Subscriber. ii. Billing: 1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2. In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) Days. iii. Refunds: Refund checks will be issued promptly, but no later than either: 1. The customer's next billing cycle following resolution of the request or thirty (30) Days, whichever is earlier, or 2. The return of the equipment supplied by Grantee if service is terminated. iv. Credits: Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. f. Grantee shall provide the City with a quarterly customer service compliance report which shall, at a minimum, demonstrate Grantee's compliance with the terms and provisions of this Section 5, Paragraph 3 and any additional customer page 84 service requirements contained in this Franchise, FCC Customer Service Obligations, and other Applicable Laws, and include a summary by category of Subscriber complaints summarizing the number and nature of such complaints. 4. Subscriber Contracts. Grantee shall file with Commission 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 by Grantee until after the service has been fully provided and, then, only if the bill remains unpaid after the Subscriber is notified of a delinquent balance. Grantee shall comply with Applicable Laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee's compliance with Applicable Laws to the maximum extent legally permissible. SECTION 6. LOCAL CHANNELS AND NETWORK DROP PROVISIONS 1. Grantee Support for PEG Access. Grantee shall provide the following support for PEG access within the Franchise Area: a. Provision of the Channels designated in Exhibit A of this Agreement for PEG access programming at no charge in accordance with the requirements of Exhibit A. b. Financial support of PEG access and Local Origination programming to the extent specified in Exhibit A of this Agreement. c. Continuing technical assistance and support for all PEG Channels, including line checks, tests, audio/video adjustments, live feeds, and any other technical issues related to the PEG Channels. 2. Subscriber Network Drops to Designated Buildings. a. Service to Commission. Grantee will provide the Commission, free of charge and at no cost to the Commission, complimentary service with the highest level of standard definition (SD) and high definition (HD) Cable Service offered by Grantee, excluding pay-per-view, pay per channel (premium) programming, high- speed data services or newly created non -video Cable Services ("Complimentary Commission Service"). However, Grantee must provide the Commission any platform that includes the PEG Channels. In addition, the Grantee will also page 85 provide the Commission, free of charge and at no cost to the Commission, any equipment necessary to receive these services at a minimum of seven (7) television sets, which shall include SD, HD, video on demand (VOD), and new platforms, boxes, devices, remotes, and digital television adapters (DTAs). If changes in the technology used by the Grantee require additional equipment for reception of PEG Channels the Grantee shall make such equipment available at to up to seven (7) television sets free of charge and at no cost to the Commission. b. Service to City Halls. Grantee shall, free of charge and at no cost to any Member City or Commission, provide to each Member City's City Hall Complimentary Commission Service as defined in Section 6, Paragraph 2.(a) above. The Complimentary Commission Service for the City Halls shall include all necessary SD and HD reception equipment for to up to seven (7) television sets at each Member City's City Hall (if no City Hall exists, then the location used by the City as City Hall) as identified on Exhibit B attached hereto and made a part hereof. Exhibit B may be modified by the Commission from time to time to accommodate changes in the City/Commission facilities locations. Grantee shall provide the Complimentary Commission Service so long as these addresses in Exhibit B are designated as a Qualified Living Unit. Grantee shall comply with the obligations of this Section 6, Paragraph 2(b) even if the City Hall is served by another franchised cable communications provider, so long as the City Hall is a Qualified Living Unit. In the event Grantee provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers within Commission Franchise Area served by cable operators franchised within the Commission Franchise Area, the Grantee shall then be required to ensure that the City Halls referenced herein are Qualified living units. By way of example, the thirty percent (30%) threshold shall be calculated in the following manner. Company A and Company B both hold franchises to provide Cable Service in the City. Company A has 12,000 Cable Service Subscribers and Company B has 8,000 Cable Service Subscribers - for a total of 20,000 Cable Service Subscribers in the City. Under this example, Company A has 60% of the total Cable Service Subscribers and Company B has 40% of the total Cable Service Subscribers. c. Service to Designated Public Buildings. Grantee shall , free of charge and at no cost to any Member City or Commission, provide SD Cable Service (currently Prism Essentials) which, at a minimum, shall include a package of Channels including all Broadcast and PEG Channels and at least one hundred (100) additional commercial channels (but not including pay-per-view or premium Channels, ("Complimentary Public Building Service") including all necessary SD and HD reception equipment for to up to three (3) television sets at all other government buildings, schools and public libraries identified on Exhibit B attached hereto and made a part hereof. Exhibit B may be modified by the Commission from time to time to accommodate changes in city/school/community facilities locations. Grantee shall provide the Complimentary Public Building Service so long as these addresses in Exhibit B are designated as a Qualified Living Unit and no other franchised cable communications provider is providing complimentary service at such location. page 86 However, the City/Commission may determine to disconnect the other franchised cable communications provider and require Grantee to meet the Complimentary Public Building Service obligations set forth herein, as determined in the City's/Commission's sole discretion provided the selected location is a Qualified Living Unit. For purposes of this Section 6, Paragraph 2 (c), "school" means all State -accredited K-12 public and private schools. Complimentary Public Building 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 requested by any buildings receiving Complimentary Public Building Service under this Section 6, Paragraph 2 (c), Grantee shall provide HD service, at the difference between the lowest retail rate offered by Grantee in the market for HD minus the rate for SD service. At such time Grantee no longer offers programming in standard definition to Subscribers in Commission Franchise Area, the Grantee shall include high definition service in the Complimentary Public Building Service free of charge and at no cost to any Member City, Commission or designated public buildings. d. Grantee agrees that if any broadband service is required in order to receive the Complimentary Public Building Service or Complimentary Commission Service obligations set forth in this Section 6, Paragraph 2 (a, b and c), Grantee will provide such broadband service free of charge for the sole purpose of facilitating the provision free Cable Service required by Section 6, Paragraph 2. Grantee agrees that it will not offset, deduct or reduce its payment of past, present or future Franchise Fees required as a result of its obligations required by Section 6, Paragraph 2. e. Additional Subscriber network Drops and/or outlets in any of the locations identified on Exhibit B will be installed by Grantee at the lowest actual cost of Grantee's time and material consistent with Applicable Law ("Actual Cost"). Grantee shall provide the Commission with a complete and detailed cost estimate which shall include Grantee's Actual Costs for any additional Subscriber network Drop and/or outlets. Within no more than ninety (90) Days thereafter, the Commission shall work with institution requesting the additional Subscriber network Drop and/or outlets and provide Grantee with written approval, if applicable, to move forward with the additional Subscriber network Drop and/or outlets. Grantee shall only begin work on construction of the additional Subscriber network Drop and/or outlets once final approval is received from the Commission, and Grantee shall complete construction within thirty (30) Days from the date of approval. Grantee shall bill the institution requesting the additional Subscriber network Drop and/or outlets its Actual Costs in accordance with the agreed upon estimate. The terms and conditions of such payment shall be between the Grantee and the institution. Alternatively, said institutions may add outlets at their own expense, as long as such Installation meets Grantee's standards and approval which approval shall not be unreasonably withheld. Grantee shall have three (3) months from the date of the City designation to page 87 complete construction of the Drop and/or outlets unless weather or other conditions beyond the control of Grantee requires more time. f. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required pursuant to Section 8, Paragraph 3 of this Franchise, as a result of its obligation to provide the services listed in Section 6, Paragraph 2 and Exhibit B of this Franchise. SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS 1. Institutional Network Facilities and Capacity. a. Grantee acknowledges that the franchise held by the existing franchised cable communications provider within the Commission Franchise Area includes obligations for an Institutional Network for the benefit of the Member Cities and other institutions and to facilitate PEG uses of the I -Net. The Grantee and the City acknowledge that the public interest would not be served by duplicating existing I -Net obligations provided under other Cable Service franchises. b. Grantee agrees that if any other franchised cable communications provider within the Commission Franchise Area provides additional I -Net obligations as a condition of a Cable Service franchise, and such condition results in additional costs incurred by such other franchised cable communications provider, the Grantee shall meet with the Commission upon request of the Commission to determine a fair and equitable contribution by the Grantee to proportionately match said I -Net obligations. If the Commission and Grantee are not able to reach mutual agreement to resolve this issue, the Grantee and Commission agree to enter into binding mediation to determine a fair and equitable contribution by the Grantee to proportionately match (on a per month, per subscriber basis) said I - Net obligations. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Delegated -Authority. The City may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegates of the City. 2. Administration of Franchise. Commission or any designee thereof shall have continuing regulatory jurisdiction and supervision over the System and Grantee's operation under the Franchise. Commission, 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 Applicable Law. page 88 3. Franchise Fee. a. During the term of the Franchise, Grantee shall pay quarterly to the City or its delegates a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. b. Any payments due under this provision shall be payable quarterly. The payments shall be made on April 30th (1st qtr.) July 31st (2nd qtr.) October 31st (3r qtr.) and January 31st (4th qtr.), together with a report showing the basis for the computation in form and substance substantially the same as Exhibit C attached hereto. c. All amounts paid shall be subject to audit and recomputation by the City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. d. Any Franchise Fees owing pursuant to this Franchise which remain unpaid after the due dates specified herein shall be delinquent and shall thereafter immediately begin to accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. 4. Not Franchise Fees. a. Grantee acknowledges and agrees that the Franchisee Fees payable by Grantee to the City pursuant to this section shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be provided or performed by Grantee pursuant to this Franchise and that the Franchise Fees provided for in this section of the Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a Franchise Fee under 47 U.S.C. § 542. b. Grantee shall not apply or seek to apply or make any claim that all or any part of the Franchise Fees or other payments or contributions to be made by Grantee to the City pursuant to this Franchise shall be deducted from or credited or offset against any taxes, fees or assessments or general applicability levied or imposed by the City or any other governmental authority, including any such tax, fee or assessment imposed on both utilities and cable operators or their services that does not fall within the definition of a Franchise Fee under 47 U.S.C. § 542. c. Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the City or any other governmental authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) that do not fall within the definition of a Franchise Fee under 47 U.S.C. § 542 as a deduction or other credit from or against any of the Franchise Fees or other payments or contributions to be page 89 paid or made by Grantee to the City pursuant to this Franchise which shall be deemed to be separate and distinct obligations of Grantee. 5. 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 related to Cable Service. 6. Reports and Maps to be Filed with the City. a. Grantee shall prepare and furnish to the City, at the times and in the form prescribed, such other reasonable reports with respect to Grantee's operations pursuant to this Franchise as the City may require. b. Subject to reasonable confidentiality protections pursuant to Section 13, Paragraph 10 herein, Grantee shall, if required by Commission, make available to the Commission maps, plats, and records of the location and character of all facilities constructed, including underground facilities, and Grantee shall make available to the Commission updates of such maps, plats and records annually if changes have been made in the System. 7. Periodic Evaluation. a. The City may require evaluation sessions at any time during the term of this Franchise, but in no event more than once per calendar year, upon thirty (30) 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, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, and any other topics the City deems relevant. c. As a result of a periodic review or evaluation session, upon notification from the City, Grantee shall meet with the City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. Upon the Effective Date of this Franchise and at all times thereafter, the City reserves the right to impose on Grantee an obligation to file with Commission, on behalf of all Member Cities, a bond in the amount of One Hundred Thousand Dollars ($100,000.00) in a form and with such sureties as reasonably acceptable to Commission. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the page 90 event 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 the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of 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 the City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the Franchise or any other law. The City may, from year to year, in its sole discretion, reduce the amount of the bond. b. The City shall provide Grantee thirty (30) Days written notice of its intent to draw on the performance bond together with the reason for such draw. Grantee shall have the right to cure or petition for additional time. c. The time for Grantee to correct any violation or liability, shall be extended by the City if the necessary action to correct such violation or liability is, in the sole determination of the 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) Day period and thereafter uses reasonable diligence to correct the violation or liability. d. In the event this Franchise is revoked by reason of default of Grantee in accordance with the procedure set forth in Section 10, the City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by the City as a result of said default or revocation. e. 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 the 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. f. The rights reserved to the City with respect to the performance bond are in addition to all other rights of the 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 the City may have. 2. Security Fund. a. Within thirty (30) Days of the Effective Date, Grantee shall provide a letter of credit in the amount of Fifty Thousand Dollars ($50,000) as a common security fund for the faithful performance by it of all the provisions of this Franchise and all other franchises which combine to make up the System (hereinafter "Security Fund"). In compliance with all orders, permits and directions, of any Member page 91 City or Commission and the payment by Grantee of any claim, liens and taxes due the City which arise by reason of the construction, operation or maintenance of the System. Interest accrued on this deposit shall be paid to Grantee on a quarterly basis provided that all requirements of this section have been complied with by Grantee. Provisions shall be made to permit the Commission to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge, or otherwise use the security fund as security for any purpose. b. In addition to recovery of any monies owed by Grantee to the City or any Person or damages to the City or any Person as a result of any acts or omissions by Grantee pursuant to the Franchise, the City in its sole discretion, subject to the procedure set forth in Section 9, Paragraph 2(d) may charge to and collect from the security fund the following penalties: i. For failure to comply with Section 2, Paragraphs 8, 9, 10 and 12 related to system build out, unless the 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 the 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 the 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 PEG Channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be $500.00 per Day for each Day, or part thereof, such failure occurs or continues. v. For Grantee's breach of any written contract or agreement with or to the City or its designee, the penalty shall be $500.00 per Day for each Day, or part thereof, such breach occurs or continues. vi. For failure to comply with any of the provisions of this Franchise, or other Applicable Laws for which a penalty is not otherwise specifically provided pursuant to this Paragraph (b), the penalty shall be $250.00 per Day for each Day, or part thereof, such failure occurs or continues. c. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. page 92 d. Whenever the City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in Subparagraph b. 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 the 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 the City, the City may draw from the security fund all penalties and other monies due the City from the date of the local receipt of notice. e. Grantee may, within seven (7) Days of receipt of such written notice, notify the 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 the City shall specify with particularity the matters disputed by Grantee. The City shall hear Grantee's dispute within sixty (60) Days and render a final decision within sixty (60) Days thereafter. f. If Grantee does not dispute the alleged violation or upon the determination of the City that a violation has taken place, subject to Grantee's right to seek any applicable judicial review, the City may draw from the security fund an amount to cover any failure of Grantee to pay penalties accrued but unpaid after seven (7) Days written notice of such final determination. g. If said security fund or any subsequent security fund 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 security fund 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 the City draws upon the security fund or any subsequent security fund 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 the City a like replacement security fund or certification of replenishment for the full amount stated in Paragraph (a) of this section as a substitution of the previous security fund. This shall be a continuing obligation for any draws upon the security fund. i. If any security fund is not so replaced or replenished, the City may draw on said security fund for the whole amount thereof and use the proceeds as the City determines in its sole discretion. The failure to replace or replenish any security fund may also, at the option of the City and/or Commission, be deemed a default by Grantee under this Franchise. The drawing on the security fund by the 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. page 93 The collection by the City of any damages, monies or penalties from the security fund shall not affect any other right or remedy available to the City, nor shall any act, or failure to act, by the City pursuant to the security fund, be deemed a waiver of any right of the City pursuant to this Franchise or otherwise. 3. Liability Insurance. a. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the state of Minnesota with a rating by A.M. Best & Co. of not less than "A" that shall protect Grantee, Commission, the City and the Commission's and the City's officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000.00). The following shall be included in the certificate: i. The policy shall provide coverage on an "occurrence" basis. ii. The policy shall cover personal injury as well as bodily injury. iii. Broad form property damage liability shall be afforded. The following endorsements shall be attached to the liability policy: i. The City shall be listed as an additional insured on the policy. ii. An endorsement shall be provided which states that the coverage is primary insurance subject to the indemnification clause and that no other insurance maintained by the Grantee will be called upon to contribute to a loss under this coverage. iii. Standard form of cross -liability shall be afforded. iv. An endorsement stating that the policy shall not be canceled without thirty (30) Days' notice of such cancellation given to the City. b. Grantee shall submit to the City documentation of the required insurance, including a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements. 4. Indemnification. page 94 a. Grantee shall indemnify, defend and hold the City and Commission, its officers, boards, commissions, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes or action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including reasonable attorney's fees and disbursements of counsel) and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the Grantee's operations, the exercise of the Franchise, the breach of Grantee of its obligations under this Franchise and/or the activities of Grantee, it subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified Parties harmless from and against any and all matters relative to payment of Grantee's employees, including compliance with Social Security and withholdings. b. The indemnification obligations of Grantee set forth in this Franchise are not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise or the terms, applicability or limitations of any insurance held by Grantee. c. The City and/or Commission does not, and shall not, waive any rights against Grantee which it may have by reason of the indemnification provided for in this Franchise, because of the acceptance by the City, or the deposit with the City by Grantee, of any of the insurance policies described in this Franchise. d. The indemnification of the City and Commission by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of Grantee's operations referred to in this Franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. e. Grantee shall not be required to indemnify the City and Commission for negligence or misconduct on the part of the City and the Commission or its officials, boards, commissions, agents, or employees, including any loss claims related to public access Channels in which the City and/or Commission participate subject to applicable state and federal statutory limitations. f. Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in a form acceptable to the City, attached hereto as Exhibit D, which shall indemnify, defend and hold the City 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 in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City 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 federal, state, or local law(s). page 95 5. Grantee's Insurance. Grantee shall not commence any Cable System reconstruction work or permit any subcontractor to commence work until all insurance required under this Franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this Franchise. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which the City has pursuant to law or equity, the 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 the 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 the City. b. The City may revoke this Franchise without the hearing otherwise required herein if Grantee is adjudged to be bankrupt. 2. Procedures for Revocation. a. The City and/or Commission 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 therein, the City and/or Commission 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 and/or Commission prior to the Effective Date of revocation, which public hearing shall follow the thirty (30) Day notice provided in subparagraph (a) above. The City and/or Commission 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 the 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. page 96 3. Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City and/or Commission. Grantee shall at all times comply with Minnesota Rules Chapter 7819 regarding any abandonment of the System. Grantee may not abandon the System or any portion thereof without compensating the 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, the City shall have the right to require Grantee to remove all or any portion of the System, used exclusively for the provision of Cable Service, from all Rights -of -Way and public property within the City consistent with Minnesota Rules Chapter 7819. b. If Grantee has failed to commence removal of System, if used exclusively for the provision of Cable Service, or such part thereof as was designated by the City, within thirty (30) Days after written notice of the City's demand for removal consistent with Minnesota Rules Chapter 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the security fund and performance bond toward removal and/or declare all right, title, and interest to the System, to the extent it is used exclusively for the provision of Cable Service, to be held by the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or Affiliate entity, shall take place until a written request has been filed with the City requesting approval and such approval has been granted or deemed granted; provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10, 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. page 97 c. The Grantee shall file, in addition to all documents, forms and information required to be filed by Applicable Law, the following: i. 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 (Confidential, trade, business, pricing or marketing information, or information not otherwise publicly available may be redacted) pursuant to the Procedures for Handling Trade Secret and Privileged Data to be adopted by the Commission. ii. 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 the City with a complete copy of any such document. d. The City shall have such time as is permitted by federal law in which to review a transfer request. e. Grantee shall reimburse the City for all reasonable 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 if permitted by Applicable Laws. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to this Section 10, Paragraph 5 (a) or (b), 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 this Section 10, Paragraph 5 (a) or (b), the City shall have the right to purchase the System for the value of the consideration proposed in such transaction. The City's right to purchase shall arise upon the 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 the City in writing and be separate from any general announcement of the transaction. h. The City shall be deemed to have waived its right to purchase the System pursuant to this section only in the following circumstances: i. If the City does not indicate to Grantee in writing, within sixty (60) Days of receipt of written notice of a proposed sale, transfer, corporate change, page 98 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 the City determines Grantee is in noncompliance with the Franchise unless an acceptable compliance program has been approved by the City. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of the City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to the City. J. Upon notice to Commission, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its Minnesota Systems provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee and such changes do not otherwise trigger review under Minnesota Statutes Section 238.083. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, or disability. Grantee shall comply at all times with all other Applicable Laws relating to nondiscrimination. 2. Subscriber Privacy. Grantee shall, at all times, comply with Applicable Laws regarding Subscriber privacy, including but not limited to 47 U.S.C. § 551. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City and the Commission may have pursuant to this Franchise or its police powers. page 99 SECTION 13. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with Applicable Law. The term of any renewed Franchise shall be limited to a period no longer than allowed by Applicable Law. 2. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 3. Amendment of Franchise Ordinance. Grantee and the City may mutually agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8, Paragraph 7 or at any other time if the 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 the City's exercise of its police powers. 4. Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, sabotage, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 5. Compliance with Federal, State and Local Laws. a. The terms of this Franchise shall govern Grantee's performance under this Franchise except where federal or state laws or regulation preempt such local regulation. In such cases the applicable federal or state laws or regulations shall govern Grantee's performance under this Franchise. b. If any federal or state law or regulation shall require or permit the City or Grantee to perform any service or act or shall prohibit the 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 the City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective, page 100 unless otherwise stated, and conform to federal laws and regulations regarding cable as they become effective. c. If the Commission and Grantee do not agree that a material provision of this Franchise is affected by such federal or state law or regulation, then either the Commission or Grantee shall have the right to seek review of the provision in question as permitted by Applicable Laws. d. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and the City. 6. Non -enforcement by the 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 the City to enforce prompt compliance. The City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by the 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. 7. Rights Cumulative. All rights and remedies given to the City by this Franchise or retained by the 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 the 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 the 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. 8. Grantee Acknowledgment of Validity of Franchise. a. 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 the City has the power to make the terms and conditions contained in this Franchise. Except as provided in Section 13, Paragraph 4 of this Franchise, Grantee agrees that it will not, at any time, set up against the City or the Commission in any claim or proceeding, any condition or term of the Franchise as page 101 unreasonable, arbitrary, void as of the Effective Date of this Franchise or that the City or the Commission had no power or authority to make such term or condition. b. In the case of any dispute or question as to the meaning, interpretation, or application of any term, provision, or condition of this Franchise, the City, in its reasonable discretion, shall promptly resolve such dispute or question. 9. Commission. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City and the rights and obligations related thereto shall, where possible, accrue to the City pursuant to a transition agreement to be negotiated at such time by and between the City and the Commission. 10. Confidential and Trade Secret Information. The Commission shall follow, all Applicable Laws and procedures for protecting any confidential and trade secret information of Grantee that may be provided to Commission. Grantee shall not be relieved of its obligation to provide information or data required under this Franchise simply because the Commission may not be able to guarantee its confidentiality. Grantee acknowledges that the Commission shall at all times comply with the Minnesota Data Practices Act ("MDPA") related to the release of information and nothing herein shall be read to modify the Commission's obligations under the MDPA. 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 set forth in the definition Section 1, Paragraph 2 (o). 2. Acceptance. a. Grantee shall accept this Franchise within thirty (30) Days of its enactment by the City Council, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place, or should all ordinance adoption procedures, timelines and payments not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void. The Commission's "Notice of Intent to Consider an Application for a Franchise" ("Notice") provided, consistent with Minn. Stat. 238.081 subd. 8, that applicants would be required to reimburse the Commission for all necessary costs of processing a cable communications franchise. Grantee submitted an application fee with its application to the Commission. The Notice further provided that any unused portion of the application fee would be returned and any additional fees required to process the application and franchise, beyond the application fee, would be assessed to the successful applicant. The Grantee shall therefore submit to the Commission at the time of acceptance of this Franchise, a check made payable to the Commission for all additional fees and costs incurred by the page 102 Commission. Within thirty (30) Days of each Member Cities' approval, the Commission shall provide Grantee with a letter specifying such additional costs. The Commission shall provide Grantee with a letter specifying such additional costs following approval of this Franchise by each Member City. b. Upon acceptance of this Franchise, Grantee and the 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 the City. ii. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates, and guaranties, as required herein that have not previously been delivered. Passed and adopted this 15th day of March, 2016. page 103 ATTEST: CITY OF MENDOTA HEIGHTS, MINNESOTA By: By: SIGNATURE SIGNATURE Name: Lorri Smith Name: Sandra Krebsbach PRINTED/TYPED NAME PRINTED/TYPED NAME Its: City Clerk Its: Mayor TITLE TITLE [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] page 104 ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK Date: , 2016 By: SIGNATURE Name: Its: SWORN TO BEFORE ME this day of , 2016. NOTARY PUBLIC PRINTED/TYPED TITLE page 105 EXHIBIT A GRANTEE COMMITMENT TO PEG ACCESS FACILITIES AND EQUIPMENT 1. Public, Educational and Government (PEG) Access Channels. a. Upon the Effective Date of this Franchise, Grantee shall make seven (7) video Channels available exclusively for noncommercial PEG use ("PEG Channels"). The PEG Channels shall be dedicated for PEG use for the term of the Franchise. SD PEG Channels shall be carried on Channels 14, 15, 16, 18, 19, 20, 21 on Grantee's Cable System unless the parties mutually agree to PEG Channel relocation. b. Grantee shall configure the Cable System to allow PEG programming on the PEG Channels to be discretely distributed (Narrowcast) to individual Member Cities via designated node sites. The City and Grantee acknowledge that programming may not be discretely distributed to one hundred percent (100%) of the City due to the location of particular node sites and configuration of the Cable System. c. PEG Channels will be grouped with like Channels (for example SD Channel line- up and HD Channel line-up) in the lowest cost SD and HD tier, and will be located adjacent to broadcast channels and other basic mainstream cable/satellite Channels. d. After January 1, 2016 and with at least one hundred eighty (180) Day advance written notice to Grantee, the City shall have the right to require that Grantee carry one (1) of the PEG Channels in both SD and HD format equivalent to the broadcast channels and commercial cable/satellite Channels carried by the Grantee on its Cable System. The City shall have the sole discretion to determine which of its Channels will be provided in HD without the addition of mandates or content restrictions imposed by Grantee. HD resolution will be equivalent to the resolution used in Grantee's HD tier. Grantee will continue to carry the PEG Channels in SD format in addition to HD format as long as there are SD Channels in Grantee's Basic Cable Service tier. If Grantee discontinues carriage of SD Channels, all of the PEG Channels shall be carried in HD format. e. After January 1, 2017 and with at least one hundred eighty (180) Day advance written notice to Grantee (which notice may be sent no sooner than July 1, 2016), the City shall have the right to require that Grantee carry up to two (2) additional PEG Channels (for a total of three (3) PEG Channels) in both SD and HD in accordance with the technical and other requirements of subparagraph 1 (d) above. f. After January 1, 2018 and with at least one hundred eighty (180) Day advance written notice to Grantee (which notice may be sent no sooner than July 1, 2017), the City shall have the right to require that Grantee carry up to two (2) additional PEG Channels (for a total of five (5) PEG Channels) in both SD and HD in accordance with the technical and other requirements of subparagraph (d) above. g. page 106 After January 1, 2019 and with at least one hundred eighty (180) Day advance written notice to Grantee (which notice may be sent no sooner than July 1, 2018), the City shall have the right to require that Grantee carry up to two (2) additional PEG Channels (for a total of seven (7) PEG Channels) in both SD and HD in accordance with the technical and other requirements of subparagraph (d) above. 2. NDC4 Mosaic Channel Alternative. In lieu of the requirements set forth in this Exhibit A paragraph 1 (a -g) above, Grantee may instead elect to comply with the following requirements which shall be met no later than one hundred twenty (120) Days from the date the Commission adopts a resolution recommending approval of the Franchise by the Member Cities. a. Grantee shall provide seven (7) PEG Channels in both HD and SD and shall not reduce the number of PEG Channels unless directed by the Commission. b. Grantee shall use designated Channels in its Channel lineup as a means to provide ease of access by Subscribers to the group of PEG Channels placed consecutively on Channel numbers as agreed upon herein. This use of one (1) or more Channels to access the group of seven (7) PEG Channels required under this Franchise shall be referred to as the "NDC4 Mosaic Channel." The NDC4 Mosaic Channel shall display the group of PEG Channels on a single Channel screen and serve as a navigation tool for Subscribers. The NDC4 Mosaic Channel shall allow Subscribers to navigate directly from a designated Channel to any of the seven (7) PEG Channels requested in a single operation (with one click, or, in one step) without any intermediate steps to a chosen PEG Channel in the group. c. Grantee shall use Channel 31 as the SD NDC4 Mosaic Channel and Channel 1031 as the HD NDC4 Mosaic Channel to access the PEG Channels required under this Franchise. The group of seven (7) consecutive PEG Channels residing at higher Channel numbers will retain Channel names and identity numbers 14-21 for marketing purposes, unless approved by the Commission, and will have the final two (2) digits matching with the current Basic Cable Service tier Channels 14-21. The designated Channels shall be as follows: 8414, 8415, 8416, 8418, 8419, 8420, and 8421 for SD PEG Channels and 8914, 8915, 8916, 8918, 8919, 8920, and 8921 for HD PEG Channels. Grantee shall not include any other programming or Channels on the NDC4 Mosaic Channel unless the Commission provides advance written consent. d. When using the NDC4 Mosaic Channel, Subscribers shall be directed to the requested PEG Channel in HD format if appropriate to the Subscriber's level of service; otherwise, the Subscriber shall be directed to the SD PEG Channel e. Grantee shall consult with the Commission to determine how the PEG Channel information is displayed on the NDC4 Mosaic Channel The NDC4 Mosaic Channel shall have the same video and audio Signal strength, Signal quality, and navigational functionality equivalent to every other commercial Mosaic Channel carried by the Grantee on its Cable System. page 107 f. As the Grantee innovates and improves the functionality and interactivity and/or adds capability for personalization of the Mosaics, the Grantee will provide the same navigational, interactive and personalization features for the NDC4 Mosaic Channel as are available to Subscribers for every other commercial Mosaic Channel. (For example, if a Subscriber has the capability to add selected sports or news Channels to the Sports or News Mosaics, then the Subscriber shall also be able to add a PEG Channel to any of the Mosaics.) g. If through technology changes or innovation in the future, the Grantee discontinues the use of Mosaic presentations for other Channels including broadcast channels and commercial cable/satellite Channels (such as the News Mosaic, the Sports Mosaic, and/or the Children's Mosaic), then Grantee will either continue to support the NDC4 Mosaic Channel as determined in the Commission's sole discretion or reach mutual agreement with the Commission regarding how to accommodate the NDC4 Mosaic Channel to ensure PEG Channels are treated no less favorably than commercial channels provided by Grantee. In all cases Grantee shall maintain Channels 31and 1031 for use by the Commission for PEG purposes. 3. PEG Technical Quality. a. The City may not request additional Channel capacity beyond the seven (7) PEG Channels in both SD and HD except in accordance with Applicable Laws. The City shall be responsible for all programming requirements, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair, on the PEG Channels. b. The Grantee shall provide all PEG Channels on the Basic Cable Service tier or the lowest cost tier of service throughout the life of the Franchise. Grantee shall at all times provide the PEG Channels to any Person who subscribes to any level of cable Video Programming service, and otherwise in accordance with Applicable Laws. The Grantee shall not charge for use of the PEG Channels, equipment, facilities or services. c. The City shall establish rules and procedures for PEG Channel scheduling in accordance with Section 611 of the Cable Act (47 U.S.C. § 531). d. Grantee will deliver PEG Channels to Subscribers with video and audio Signal strength, signal quality, and functionality equivalent to every other broadcast channel and commercial cable/satellite channels carried by the Grantee on its Cable System. Grantee agrees that Subscribers will not be required to obtain or pay for any additional equipment required solely to receive the PEG Channels. e. Grantee shall carry all components of the SD and HD PEG access signals provided by the City and Commission, including but not limited to, closed captioning, multichannel television sound, Channel recording or DVR capability, last Channel capability, active format description, and any captioning or text page 108 signals which are inserted by Commission or passed -through by Commission on its PEG Channels and other elements associated with the PEG programming Grantee shall not be required to carry a PEG Channel in a higher quality format than that of the signal delivered to Grantee, but Grantee shall distribute all PEG Channels without degradation. f. The Commission shall provide PEG Channels audio and video signals to the Grantee in a format approved by Commission. Grantee shall obtain PEG Channels at point of origin chosen and approved by Commission (currently the master control room located at 5845 Blaine Avenue, Inver Grove Heights, MN). g. All PEG Channels must be receivable by Subscribers without special expense in addition to the expense paid to receive commercial services the Subscriber receives. The City and Commission acknowledge that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD -capable digital device/receiver), but any Subscriber who can view an HD signal delivered via the Cable System at a receiver shall also be able to view the HD PEG Channels at that receiver, without additional charges or equipment. By agreeing to make PEG Channels available in HD format, Grantee is not agreeing to provide free HD equipment to Subscribers, or to modify its equipment or pricing policies in any manner The City and Commission acknowledge that not every Subscriber may be able to view HD PEG programming (for example, because they do not have an HDTV in their home or have chosen not to take an HD -capable receiving device from Grantee or other equipment provider) or on every television in the home. Grantee agrees that any Subscriber shall be able to view all PEG Channels in SD on any equipment that is not HD capable. 4. Metro Cable Network Channel 6. In addition to the seven (7) PEG Channels Grantee is required to provide herein, Grantee shall also designate the standard VHF Channel 6 for uniform regional Channel usage as currently provided by "Metro Cable Network Channel 6" to the extent and under the terms required by Minn. Stat. § 238.43. 5. PEG Operations. The Commission and the City may, in their sole discretion, negotiate agreements with neighboring jurisdictions served by the same Cable System, educational institutions or others to share the expenses of supporting the PEG Channels. 6. Title to PEG Equipment. The City shall retain title to all PEG equipment and facilities purchased or otherwise acquired by the City. 7. PEG Equipment. The Grantee shall provide, at the Grantee's sole cost and expense, all modulators and any other necessary equipment to permit full and practical utilization from the Grantee's headend downstream, by conventional technical means, of each PEG Channel 8. Relocation of PEG Channels. page 109 a. Grantee shall not relocate any PEG Channel to a different Channel number unless specifically required by Applicable Laws or unless otherwise agreed to in writing by the Commission. Grantee shall provide at least sixty (60) Days prior written notice of such relocation to Subscribers and the Commission. In the event the Commission agrees in writing to a PEG Channel relocation, the PEG Channels will be located within reasonable proximity to other broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. b. Grantee agrees not to encrypt the PEG Channels differently than other commercial Channels available on the Cable System. c. Grantee shall reimburse the Commission for reasonable costs caused by such relocation, including (1) logo, business card or signage changes, (2) equipment modifications necessary to effect the change at the programmer's production or receiving facility, or (3) reasonable constituency notification costs. 9. Promotion of PEG Access. During the term of the Franchise the Grantee shall comply with one of the following requirements, (a) or (b) below. Grantee shall at all times comply with all of the standards and requirements set forth in this paragraph 9 (c -g) below during the term of this Franchise. a. Upon sixty (60) Days' notice from the Commission, the Grantee shall twice annually, free of charge and at no cost to the Commission, print and mail a post card promoting the PEG programming to Grantee's Subscribers in the Commission Franchise Area. The post card shall be designed by the Commission and shall conform to the Grantee's standards and policies for size and weight. Any post card denigrating the Grantee, its service or its programming is not permitted. b. Grantee shall allow Commission to place bill stuffers in Grantee's Subscriber statements at a cost to Commission not to exceed Grantee's actual cost (with no markup), no less frequently than twice per year upon the written request of Commission and at such times that the placement of such materials would not materially and adversely affect Grantee's cost for the production and mailing of such statements. Commission agrees to pay Grantee in advance for the actual cost of such bill stuffers. c. Grantee shall distribute, free of charge and at no cost to Commission, through advertising insertion equipment, thirty (30) second promotional and awareness commercial spots, on a "run of schedule" basis in unsold time slots, produced at Commission's cost and submitted by Commission once each month in a format compatible with such advertising insertion equipment. Grantee shall provide monthly ad insertion affidavits in the same format provided to commercial advertising clients. d. Grantee shall use its best efforts to make available PEG access information provided by Commission in Subscriber packets at the time of Installation and at the counter in the Grantee's business office serving the Franchise Area. page 110 e. If the Grantee offers localized information on its website specific to the Twin Cities or the Commission Franchise Area, then the Grantee will allow the Commission to place its web link and/or other information about Commission PEG programming and PEG Channels on Grantee's website in a format mutually acceptable to the Commission and the Grantee. f. Grantee shall include the PEG Channels and programming information in any electronic/interactive program guide, program listings, search options, record and DVR options, navigation systems and search functions accessible through Grantee's Set Top Box and remote controls, or their successor technologies, provided to its Subscribers, including, but not limited to on-screen, print and on- line program guides which include channel and program listings of any local broadcast channels. Grantee shall bear all capital, implementation and operating costs to include the basic programming information in the programming guides for the PEG Channels, free of charge and at no cost to the City or Commission. The City and Commission shall have the right to pay for more enhanced program information to be made available on the programming guides including the Channel name and logo/icon, program titles scheduled in thirty (30) minute time blocks, program descriptions, information needed for search & record features, and any other information similarly provided for other broadcast channels and commercial cable/satellite Channels. Grantee shall, to the maximum extent possible, make available to the City and Commission any price discounts Grantee may have in place with third party vendors that offer such programming guide services. g. Throughout the term of the Franchise, and as the term may be extended, Grantee shall provide the Commission high speed internet service with a modem and up to five (5) static IP addresses, with Grantee's highest available upstream bandwidth ("Commission Broadband Service"), which may be used by the Commission for public use and various PEG purposes as determined in Commission's sole discretion. The Commission Broadband Service shall be provided by Grantee free of charge and at no cost to the Commission for both the monthly service and equipment. 10. PEG Support. In addition to satisfying the other requirements of this Franchise, Grantee is required to provide the following additional PEG support funding to the Commission: a. The PEG fee shall be One and 77/100 Dollars ($1.77) per Subscriber per month commencing on the Effective Date and continuing for the duration of this Franchise ("PEG Fee"). Payments pursuant to this subsection shall be payable quarterly to the Commission (or its designated access entity), on the same schedule as Franchise Fee payments. The PEG Fee may be unilaterally increased no more than once each calendar year in the Commission's sole discretion, upon sixty (60) Days advance written notice to Grantee, annually compounded from the Effective Date of this Franchise, based on the increase from the Minneapolis/St. Paul Consumer Price Index for all consumers and/or three percent (3%) each year, whichever is lower. In no event shall the PEG Fee paid by Grantee be in excess page 111 of the per Subscriber, per month fee paid by the existing cable communications provider. b. Upon sixty (60) Days' written notice to Grantee, Commission may elect to unilaterally change the PEG Fee to a different dollar amount per Subscriber per month or change the format to a percentage of Gross Revenues up to two and one- half percent (2.5%) of Gross Revenues. In no event shall the PEG Fee be assessed in an amount or manner different from that imposed upon the existing cable communications provider. In the event the existing cable communications provider agrees to a higher, or lower, PEG Fee, Grantee will increase, or decrease, its PEG Fee upon sixty (60) Days' written notice from the Commission. The PEG Fee may be used for operational or capital support of PEG programming as determined in the Commission's sole discretion. In no event shall the PEG Fee paid by Grantee be in excess of the per Subscriber, per month fee paid by the existing cable communications provider. c. Any PEG support amounts owing pursuant to this Franchise which remain unpaid after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate as quoted by the Wall Street Journal on the day the payment was due plus two percent (2%), whichever is greater. d. 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 otherwise affect Grantee's obligations to pay Franchise Fees to Commission. 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 twelve (12) month period, the additional commitments shall not be offset or otherwise credited in any way against any Franchise Fee payments under this Franchise. Grantee and the City agree that the PEG Fee referenced in this Exhibit A will not be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by Grantee pursuant to Section 8 hereof or (ii) part of the Franchise Fees to be paid to the City by Grantee pursuant to Section 8 hereof. 11. Technical Support. a. Throughout the Franchise term, playback from the PEG Channels must be configured so that the Commission or its designated entity is able to use its own independent automated playback facilities, located at the premises of its choice. Any master control that Grantee intends to use for its operations must be located outside the space occupied by a designated entity, unless the parties agree otherwise. The playback facility must be configured so as to permit the designated entity to program all Channels for which it is responsible for content, on a live or pre-recorded basis. Grantee shall continue to have access to the designated entity's master control so that it can conduct necessary maintenance page 112 and repair affecting Grantee's network or equipment upon reasonable notice or at any time in the event of emergencies, at no cost to the City or Commission. b. Grantee shall provide a local (Twin Cities) response phone number, cell number, and e-mail address for local (Twin Cities) technical support staff who are trained to effectively respond to and resolve PEG related issues, who will respond to urgent tech -support requests within fifteen (15) minutes and non -urgent tech support requests within three (3) hours or forty-eight (48) hours, depending upon the response time needed. Commission technical staff will determine what requests are urgent or non -urgent. Commission agrees to use best efforts to verify that the issue is not on the Commission's side of the demarcation point before a call is made to Grantee. c. Grantee shall provide, at no cost to Commission, six (6) live feeds (SD or HD as determined by the Commission) per year from the Commission's offices to the offices of Metro Cable Network Channel 6. Such feeds shall connect directly to Metro Cable Network Channel 6 master control. Grantee shall have the option to meet this obligation via the interconnection obligations set forth in Section 13 of this Exhibit A to the extent the interconnection reaches the Metro Cable Network Channel 6 playback location. d. Grantee and the Commission shall, on or before June 1, 2016, meet to mutually agree on two locations to televise live PEG programming from two (2) locations, to provide live remote feeds back to the Commission's master control and other PEG related uploads/downloads and data transfer. Grantee shall provide two (2) locations sufficient capacity to transmit live, uncompressed SD and HD audio and video signals back to the Commission's master control. No more than once annually, upon ninety (90) Days advance written notice to Grantee, the Commission shall have the right to request modification to the locations (a total of no more than five (5) modifications within a five (5) year term) provided that Grantee and Commission mutually agree upon such new location(s). e. To the extent technically feasible on Grantee's System, Grantee shall: 1) provide, free of charge and at no cost to Commission, live feeds for PEG access and Local Origination programming from any location in the Commission's Franchise Area that is passed by the Grantee's fiber optic network. The Commission shall provide a minimum of seventy-two (72) hours advance notice to Grantee of the need for such live feeds and shall endeavor to provide a minimum seven (7) Days advance notice when possible; and 2) upon two (2) weeks prior notice by Commission, work with Commission to accommodate one time programming via live feeds from areas not passed by the Grantee's fiber optic network. Such live feeds shall be under Grantee's direct supervision and on a frequency designated by Grantee. f. Grantee shall also feed the Local Origination and PEG Channels provided in the City of St. Paul into the Commission's master control for potential simulcasting g. page 113 on the PEG Channels required pursuant to this Franchise. Determination regarding the simulcasting of such PEG Channels and Local Origination signals from St. Paul shall be in the sole discretion of the Commission. Grantee shall have the option to meet this obligation via the interconnection obligations set forth in Section 13 of this Exhibit A to the extent the interconnection reaches St. Paul, or its designated access entity (currently St. Paul Neighborhood Network - SPNN), playback location. In the event Grantee provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers within Commission Franchise Area served by cable operators franchised within the Commission Franchise Area, the Grantee shall then be required to also comply with the requirements of this Section 11(f) of this Exhibit A in the following manner: Grantee shall provide regular satellite feeds from Grantee's headend facility and/or hub site locations to be fed directly to the Commission's master control facility. At a minimum, Grantee shall provide six (6) such satellite feeds. By way of example, the thirty percent (30%) threshold shall be calculated in the following manner: Company A and Company B both hold franchises to provide Cable Service in the City. Company A has 12,000 Cable Service Subscribers and Company B has 8,000 Cable Service Subscribers - for a total of 20,000 Cable Service Subscribers in the City. Under this example, Company A has 60% of the total Cable Service Subscribers and Company B has 40% of the total Cable Service Subscribers. h. Grantee shall provide twenty-six (26) live feeds, free of charge, each year from Grantee's headend facility (presently located in Golden Valley) to and from, other municipalities where Grantee holds a franchise in the Twin Cities to allow for the sharing of local programming such as high school sports and/or other programs with shared audiences. Grantee shall have the option to meet this obligation via the interconnection obligations set forth in Section 13 of this Exhibit A provided that such other municipal franchises require Grantee to provide access to the interconnection network (i.e. Section 13 of this Exhibit A). i. To the extent required for Grantee to receive PEG programming, Grantee shall provide free fiber optic links, including internal wiring to Drop points and required commercial -grade equipment to the West St. Paul City Hall, South St. Paul City Hall, Inver Grove Heights City Hall, Mendota Heights City Hall and Lilydale City Hall, as well as to the Commission's facility within ninety (90) Days of request by the Commission. These fiber optic connections will permit the above -referenced Member Cities to cablecast live governmental meetings on the PEG Channels, free of charge. Notwithstanding the foregoing, Grantee shall at all times maintain, free of charge and at no cost to Commission or the City, all existing fiber return paths, existing origination paths and transmission equipment in place as of the Effective Date throughout the term of this Franchise. page 114 12. Video on Demand. a. During the term of its Franchise, for as long as the Grantee makes video on demand ("VOD") available on its Cable System, Grantee will include in its VOD offerings twenty-five (25) hours of either SD or HD PEG programming, or a combination of both, 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 Commission or a Member City to the Grantee. The Commission's or Member Cities' content may be electronically transmitted and/or transferred and shall be stored on the Grantee's VOD system. The Commission or Member City VOD PEG programming will be available to Subscribers twenty-four (24) hours per day, seven (7) days per week. Any Commission or Member City PEG programming placed on VOD shall be available to Subscribers free of charge. The Grantee will provide, upon Commission or the City's request, any aggregate data regarding Subscriber use of the City's programming on the VOD platform, if available to Grantee. PEG programming content shall have the same viewing quality and features (including program descriptions and search function) as all other free VOD content on Grantee's Cable System. Programming submitted for placement on the VOD system shall be placed on and available for viewing from the VOD system as soon as possible from time of receipt of said programming and Grantee will make best efforts to provide a 24-hour turn -around, and in no case longer than seventy-two (72) hours from receipt of said programming. Grantee agrees to treat PEG VOD programming in a nondiscriminatory manner as compared to other similarly situated providers of VOD content. b. The Commission or the City shall have the sole discretion to select the content of such PEG VOD programming and shall be responsible for such content. The Commission's VOD programming will be located on Grantee's On -demand menu pages on the second page or higher on a button labeled "Town Square Television" (or the Commission's choice of label). The Commission's PEG VOD programming will be available in the Commission's Franchise Area, or more broadly distributed at Grantee's option. c. To the extent permitted, Grantee shall authorize Commission to obtain from Grantee's third party vendor, free of charge and at no cost to the Commission, monthly viewership/traffic reports showing statistics for PEG VOD programs, or Grantee shall provide (or require its third party vendor to provide) the Commission with access to online dashboard analytics allowing Commission staff to directly access traffic information. 13. Interconnection. Grantee shall provide a discrete, non-public, video interconnect network, from an agreed upon Demarcation Point at the Commission's master control facility at the Commission's office, to Grantee's headend. The video interconnect network shall provide not less than 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 page 115 the high-priority transport of live multicast HD/SD video streams as well as lower - priority file -sharing. Grantee shall provide a minimum of 50 Mbps bandwidth for each participating PEG entity to send its original programming, receive at least two (2) 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. The System servicing the Commission and its Member Cities shall be completely interconnected. In addition, Grantee shall make available for Interconnection purposes one (1) Channel for forward video purposes, one (1) six (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 Cable Systems adjacent to the Commission's Cable 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 Commission Franchise Area to participate. EXHIBIT B SERVICE TO PUBLIC AND PRIVATE BUILDINGS Cable Commission Office & PEG Studio/Master Control Northern Dakota County Cable Communications Commission and Town Square Television, its designated access entity 5845 Blaine Avenue Inver Grove Heights, MN 55076-1401 City of Inver Grove Heights Inver Grove Heights City Hall 8150 Barbara Avenue Inver Grove Heights, MN 55077 IGH Fire Station #3 2059 Upper 55th Street E Inver Grove Heights, MN 55077 IGH Public Works 8168 Barbara Avenue Inver Grove Heights, MN 55077 Veterans Memorial Community Center 8055 Barbara Avenue Inver Grove Heights, MN 55077 IGH Future Fire Station (Address not determined yet) Inver Grove Heights, MN Lilydale City Hall 1011 Sibley Memorial Hwy Lilydale, MN 55118 Sites to be determined Mendota Heights City Hall 1101 Victoria Curve Mendota Heights, MN 55118 page 116 Inver Grove Heights Police Department 8150 Barbara Avenue Inver Grove Heights, MN 55077 IGH Fire Station #1 7015 Clayton Avenue East Inver Grove Heights, MN 55076 Inver Wood Golf Course 1850 70th Street East Inver Grove Heights, MN 55077 IGH Water Treatment Plant 2015 75th Street Inver Grove Heights, MN 55077 City of Lilydale City of Mendota City of Mendota Heights Mendota Heights Police Department 1101 Victoria Curve Mendota Heights, MN 55118 Mendota Heights Fire Department 2121 Dodd Road Mendota Heights, MN 55120 Mendota Heights Public Works Building 2431 Lexington Avenue Mendota Heights, MN 55118 South St. Paul City Hall 125 3rd Avenue South St. Paul, MN 55075 Doug Woog Civic Arena 141 East 6th Street South St. Paul, MN 55075 SSP Municipal Service Center 400 Richmond St. W. South St. Paul, MN 55075 page 117 Mendota Heights Par 3 Golf Course 1695 Dodd Road Mendota Heights, MN 55118 City of South St. Paul South Metro Fire Department Station #2 310 Marie Avenue South St. Paul, MN 55075 Sites to be determined West St. Paul City Hall 1616 Humboldt Avenue West St. Paul, MN 55118 South Metro Fire Station #1 1616 Humboldt Avenue West St. Paul, MN 55118 West St. Paul Municipal Pool 92 West Orme Avenue West St. Paul, MN 55118 Thompson Oaks Golf Course 1555 Oakdale Avenue West St. Paul, MN 55118 South St. Paul Police Department 125 3rd Avenue South St. Paul, MN 55075 Fleming Field Airport 1720 Henry Avenue South St. Paul, MN 55075 Central Square Community Center 110 7th Avenue North South St. Paul, MN 55075 South St. Paul Public Library 106 3rd Avenue N. South St. Paul, MN 55075 City of Sunfish Lake City of West St. Paul West St. Paul Police Department 1616 Humboldt Avenue West St. Paul, MN 55118 West St. Paul Regional Athletics Center (Dome) 1655 Livingston Avenue West St. Paul, MN 55118 John V. Hoene Ice Arena 60 West Emerson Avenue West St. Paul, MN 55118 West St. Paul Public Works 403 Marie Avenue East West St. Paul, MN 55118 Dakota County Facilities Located In NDC4 Area Northern Service Center 1 West Mendota Road West St. Paul, MN 55118 Wentworth Library 199 East Wentworth Avenue West St. Paul, MN 55118 Dakota County Historical Society & Lawshe Memorial Museum 130 3rd Avenue North South St. Paul, MN 55075 Inver Glen Library 8098 Blaine Avenue Inver Grove Heights, MN 55076 Thompson Park Activity Center 1200 Stassen Lane West St. Paul, MN 55118 Independent School District #199 (Inver Grove Heights Schools) Simley Senior High School 2920 East 80th Street Inver Grove Heights, MN 55076 ISD #199 District Office 2990 80th Street East Inver Grove Heights, MN 55076 Hilltop Elementary School 3201 East 68th Street Inver Grove Heights, MN 55076 Inver Grove Middle School 8167 Cahill Avenue East Inver Grove Heights, MN 55076 Pine Bend Elementary School 9875 Inver Grove Trail Inver Grove Heights, MN 55076 Salem Hills Elementary School 5899 East Babcock Trail Inver Grove Heights, MN 55076 Tri -District Community Ed. — IGH Office Inver Grove Elementary School 2925 Buckley Way 4100 East 66th Street Inver Grove Heights, MN 55076 Inver Grove Heights, MN 55076 Early Learning Center 3203 68th Street East Inver Grove Heights, MN 55076 Independent School District #197 (Mendota Heights / West St. Paul Schools) Henry Sibley High School/District Office 1897 Delaware Avenue Mendota Heights, MN 55118 Friendly Hills Middle School 701 Mendota Heights Road Mendota Heights, MN 55118 page 118 Heritage E -STEM Magnet School 121 West Butler Avenue West St. Paul, MN 55118 Mendota Elementary School 1979 Summit Lane Mendota Heights, MN 55118 Garlough Environmental Magnet School 1740 Charlton Street West St. Paul, MN 55118 Special (South South St. Paul Secondary School 700 2nd St. North South St. Paul, MN 55075 South St. Paul Schools District Office 104 5th Ave. South South St. Paul, MN 55075 Kaposia Education Center 1225 1st Ave. South South St. Paul, MN 55075 page 119 Somerset Elementary School 1355 Dodd Road Mendota Heights, MN 55118 Moreland Arts & Health Sciences Magnet School 217 West Moreland Avenue West St. Paul, MN 55118 Tri -District Community Ed.- ISD 197 Office 1897 Delaware Avenue Mendota Heights, MN 55118 School District 6 St. Paul Schools) Tri -District Community Education South St. Paul Office & Kid Connections 1541 5th Avenue South South St. Paul, MN 55075 Lincoln Center Elementary 357 9th Ave. North South St. Paul, MN 55075 SSP Community Learning Center 151 6th St. East South St. Paul, MN 55075 South St. Paul Early Childhood Family Education 1515 5th Avenue South South St. Paul, MN 55075 Convent of the Visitation School 2455 Visitation Drive Mendota Heights, MN 55120 St. Croix Lutheran School 1200 Oakdale Avenue West St. Paul, MN 55118 St. Joseph's School 1138 Seminole Avenue West St. Paul, MN 55118 Private Schools St. Thomas Academy 949 Mendota Heights Road Mendota Heights, MN 55120 Community of Saints Catholic School 335 E. Hurley Street West St. Paul, MN 55118 Holy Trinity School 745 - 6th Avenue South South St. Paul, MN 55075 Crown of Life Lutheran School 115 Crusader Avenue West St. Paul, MN 55118 Colleges Inver Hills Community College 2500 East 80th Street Inver Grove Heights, MN 55076 page 120 page 121 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET Franchise Fee Factor: 5% Franchise Fee Remitted PEG Fee Factor 2.5% [if percentage formula is used] PEG Fee Remitted Month/Year Month/Year Month/Year Total A la Carte Cable Services Audio Services Basic Cable Services Expanded Basic Cable Services Pay Services Premium Services Video-On-Demand Services Pay-per-view Services Installation Charges Activation/Disconnection Charges Technician Service Call Charges Equipment Charges DTA Equipment Charges Wireless Set-Top Box DVR Charges Additional Outlets Guide Revenue Bulk Revenue Advertising Revenue Home Shopping Revenue Inside Wiring / Service Protection Plan Other Revenue Processing Fees Franchise Fee Revenue Late Fees Bad Debt TOTAL REVENUE Franchise Fee Factor: 5% Franchise Fee Remitted PEG Fee Factor 2.5% [if percentage formula is used] PEG Fee Remitted page 122 PEG FEE PAYMENT WORKSHEET [if fee per Subscriber is used] Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of "Gross Revenues" set forth in the Franchise. Month/Year Month/Year Month/Year Total Number of Subscribers Inver Grove Heights Number of Subscribers Lilydale Number of Subscribers Mendota Number of Subscribers Mendota Heights Number of Subscribers South St. Paul Number of Subscribers Sunfish Lake Number of Subscribers West St. Paul TOTAL SUBSCRIBERS Current Monthly PEG Fee $1.77 per month per Subscriber PEG Fee Remitted Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of "Gross Revenues" set forth in the Franchise. page 123 EXHIBIT D INDEMNITY AGREEMENT INDEMNITY AGREEMENT made this 15th day of March, 2016, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called "CenturyLink," and the City of Mendota Heights, a Minnesota Municipal Corporation, party of the second part, hereinafter called "City." WITNESSETH: WHEREAS, the City of Mendota Heights has awarded to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the City of Mendota Heights; and WHEREAS, the City has required, as a condition of its award of a cable communications franchise, that it 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, 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 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 constituting a violation or breach by the City 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 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 shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The City 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 the City 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 and the counsel selected by CenturyLink to represent the City, CenturyLink shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. page 124 Provided, however, that in the event that such separate representation is or becomes necessary, and the City desires to hire counsel or any other outside experts or consultants and desires CenturyLink to pay those expenses, then the City 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 may utilize at any time, at its own cost and expense, its own City 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 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 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: , 2016 By: SIGNATURE STATE OF LOUISIANA ) SS ) Name: Its: PRINTED/TYPED NAME TITLE The foregoing instrument was acknowledged before me this day of 2016, by , the of Qwest Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation. Notary Public Commission Expires page 125 CITY OF MENDOTA HEIGHTS, MINNESOTA By: SIGNATURE Name: Sandra Krebsbach PRINTED/TYPED NAME Its: Mayor TITLE SWORN TO BEFORE ME this day of ,2016 NOTARY PUBLIC page 126 CITY OF MENDOTA HEIGHTS SUMMARY OF ORDINANCE NO. 493 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK INC. ("CENTURYLINK") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. On March 15, 2016, the City of Mendota Heights, Minnesota ("City') adopted an Ordinance granting a Cable Television Franchise to CenturyLink. The Ordinance serves two purposes. First, it is intended to provide requirements for the provision of cable television services with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable franchise to CenturyLink to operate, construct and maintain a cable system within the City. The Ordinance includes the following: 1) requires CenturyLink to have a bandwidth capable of providing the equivalent of a typical 750 MHz cable system; 2) imposes on CenturyLink a franchise fee of five percent (5%) of CenturyLink's annual gross revenues; 3) establishes a franchise term of five (5) years with the option for the City to extend for an additional 5 years; 4) provides a list of schools and public buildings entitled to receive complimentary cable service; 5) requires CenturyLink to dedicate channel capacity for public, educational and governmental programming and provides financial support of such channels; 6) mandates customer service standards regarding CenturyLink's provision of cable services; and 7) requires a performance bond and security fund to enforce CenturyLink's compliance with the Ordinance. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance No. 493. A copy of the entire Ordinance shall be posted at the Mendota Heights City Hall. It is hereby directed that only the above title and summary of Ordinance No. 493 be published, conforming to Minn. Stat. §331A.01, with the following: NOTICE Persons interested in reviewing a complete copy of the Ordinance may do so at the City Hall at 1101 Victoria Curve, Mendota Heights, MN 55118 during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Passed by the Mendota Heights City Council this 15th day of March, 2016. CITY COUNCIL OF MENDOTA HEIGHTS /s/Sandra Krebsbach, Mayor Attest: /s/ Lorri Smith, City Clerk of InCITY OF MENDOTA HEIGHTS page 127 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com MEETING DATE: March 15, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta Assistant to the City Administrator/HR Coordinator SUBJECT: 2016 Contract for Pilot Knob Management BACKGROUND Attached you will find the 2016 contract proposal from Great River Greening to manage restoration work at Pilot Knob site. Great River Greening continues to work from the multi-year management plan for the site which was adopted by the city council in 2007. The 2016 contract includes the following: • Control (spraying, cutting, mowing, soil treatment) of invasive species including burdock, thistle, leafy spurge, crown vetch, bird's foot trefoil, smooth brome, and Canada goldenrod • Prescribed burn on approximately 8 acres • >1 group volunteer events • Trail/overlook mowing and maintenance • Conservation grazing services (spring sheep grazing scheduled with Dodge Nature Center; goat grazing dependent upon price and availability). • Pollinator monitoring • Continued restoration of Phase I portion of MnDOT Hwy 55 roadside • Updating and Revision of Pilot Knob management plan to address underperforming restoration acres, and begin implementation of same. Likely actions include expanding Canada goldenrod control, additional woody encroachment control, larger scale planting of additional trees, shrubs and herbaceous plants; and supplemental seeding. Pollinator monitoring and conservation grazing to inform future management recommendations and actions.* Contingent upon Greening receiving Minnesota Environment and Natural Resources Trust Fund dollars, currently recommended by LCCMR to the legislature for $43,000 of funding to be available from July 1, 2016 -June 30, 2019. Mr. Wiley Buck will be providing a summary of the 2015 activities along with an overview of what is planned for 2016. Attachment(s) • 2016 Great River Greening Contract page 128 • Exhibit A: Agreement between Great River Greening (The Trust Fund Appropriation Recipient) and Partner BUDGET IMPACT The proposed contract for $10,050 is consistent with the 2016 budget for this activity. RECOMMENDATION Staff recommends accepting the proposed 2016 Pilot Knob Management contract and Exhibit A. ACTION REQUIRED If City Council concurs with the recommendation for the Pilot Knob Management Plan, it should pass a motion authorizing staff to execute a contract with Great River Greening for Pilot Knob Hill Restoration. This action requires a simple majority vote. page 129 CONTRACT Great River Greening 35 West Water Street, Suite 201 Saint Paul, MN 55107-2016 Contracting Agent City of Mendota Heights Street Address 1101 Victoria Curve City, State, Zip Code Mendota Heights, MN 55118 Client Name Contact Tammy Schutta Greening Contact Date of Bid Wiley Buck 7 March 2016 651-665-9500 651-665-9409 FAX Phone Date 651 452-1850 7 March 2016 Project Name Pilot Knob Hill Restoration .:................................................................................................................................................................................................................................................................: Project Location Pilot Knob Hill Natural Area Contact Phone 452-1850 Project Number(s) Greening Contact Phone LPIL17, LPIL18 651-665-9500 x15 LPIL20; LPIL21 Parties. This contract governs the rights and responsibilities of Great River Greening (hereafter referred to as Greening) and the Contracting party, (hereafter referred to as Mendota Heights, where Greening has been retained to perform services for the contracting party). II. Scope of Services. Greening agrees to provide the following list of restoration services for Mendota Heights: • Control (spraying, cutting, mowing, soil treatment) of invasive species including burdock, thistle, leafy spurge, crown vetch, bird's foot trefoil, smooth brome, and Canada goldenrod • Prescribed burn on approximately 8 acres • >_1 group volunteer events • Trail/overlook mowing and maintenance • Conservation grazing services (spring sheep grazing scheduled with Dodge Nature Center; goat grazing dependent upon price and availability). • Pollinator monitoring • Continued restoration of Phase I portion of MnDOT Hwy 55 roadside • Updating and Revision of Pilot Knob management plan to address underperforming restoration acres, and begin implementation of same. Likely actions include expanding Canada goldenrod control, additional woody encroachment control, larger scale planting of additional trees, shrubs and herbaceous plants; and supplemental seeding. Pollinator monitoring and conservation grazing to inform future management recommendations and actions.*Contingent upon Greening receiving Minnesota Environment and Natural Resources Trust Fund dollars, currently recommended by LCCMR to the legislature for $43,000 of funding to be available from July 1, 2016 -June 30, 2019. page 130 • Assist with petition for National Registry of Historic Places, replacement signage, and gate improvements. III. Schedule of Payments. Mendota Heights will make payments totaling $10,050 upon the following schedule: $10,050 for Calendar Year 2016. See Exhibit A for terms of agreement for Greening to bring $43,000 of Trust Fund allocation to Pilot Knob Hill. IV. Limitation of liability. Mendota Heights shall indemnify Greening and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney's fees, related to the Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of Greening, its agents or employees, or covered by the insurance required in Section VIII of this contract. Nothing in this contract is intended, nor should it be construed, as a waiver of any municipal tort liability limits, governmental immunities or defenses which otherwise protect the City of Mendota Heights. Greening shall indemnify Mendota Heights and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney's fees, arising out of Greening's breach of the Agreement and/or the negligent acts, omissions or willful misconduct, unless caused by the negligence of Mendota Heights, its agents or employees. V. Amendment. This Agreement may be amended only in a written document signed by both parties. VI. Independent Contractors. Each party, its officers, agents and employees are at all times an independent contractor to the other party. Nothing in this Agreement shall be construed to make or render either party or any of its officers, agents, or employees an agent, servant, or employee of, or joint venture of or with, the other. VII. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement, and it supercedes all prior and concurrent agreements, understandings, promises or representations, whether written or oral, made by either party to the other concerning such subject matter. VIII. Insurance. Greening agrees to maintain during the term of this Consulting Contract the following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no more restrictive that that provided for by standard ISO Form CG 00 01 11 88 or CG 00 01 10 93 with standard exclusions "a" through "n") with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied with a combination of primary and Umbrella/Excess Insurance. page 131 IX. Waiver. The failure of either party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment of the right to enforce or require compliance with such provision. X. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. XI. Completion. Work for this Project will be performed by 31 December 2016 unless circumstances beyond Greening's control prevent Greening from completing the Project. The authorized contact person for Greening is: Wiley Buck Program Managert 35 Water Street, Suite 201 Saint Paul, MN 55107 651-665-9500 ext. 15 651-775-8759 cell wbuck@greatrivergreeninq.org Great River Greening Signature: Name: Deborah Karasov Title: Executive Director Date: Grant Manager: Director of Finance: Director of Operations: page 132 Contact Persons The authorized contact person for Mendota Heights is: Tamara Schutta, PHR Assistant to the City Administrator/HR Coordinator 1101 Victoria Curve Mendota Heights, MN 55118 651-452-1850 tamaras@mendota-heights.com Mendota Heights Representative Signature: Name: Title: Date: page 133 EXHIBIT A AGREEMENT BETWEEN GREAT RIVER GREENING (THE TRUST FUND APPROPRIATION RECIPIENT) AND PARTNER THIS AGREEMENT is made between Great River Greening (hereinafter "Recipient"); and City of Mendota Heights (hereinafter the "Partner"). WHEREAS, Should the Minnesota Legislature by Minnesota Laws M.L. 2016 appropriate $509,000 to the Commissioner of MN -DNR for an 'Upland, Wetland, and Shoreline Restoration in the Greater Metropolitan Area' agreement with Great River Greening; NOW THEREFORE, it is agreed between the Recipient, and the Partner as follows: 1.0 GENERAL CONDITIONS 1.1 COMPLIANCE The Partner acknowledges that these funds are proceeds from the State of Minnesota Environment and Natural Resources Trust Fund (hereinafter the "Trust Fund"), which is subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The Partner is responsible for compliance with this and all other relevant state and federal laws and regulations in the fulfillment of the Project. 1.2 ACCESS The Partner agrees to allow the Recipient and LCCMR access to the Partner's site and Partner's activities for evaluation and promotion of the project. Access will be at reasonable times and with sufficient prior notification, and will extend ten (10) years beyond the project completion date. page 134 2.0 PROJECT Figure A 1: Pilot Knob Hill 2016 Project Area 2.1 CONTRIBUTIONS The Recipient's and Partner's contributions must be for actual and direct costs for the Project Work. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if the Partner(s) terminates the Agreement before its expiration, then the Partner(s) agrees to reimburse the Minnesota Environment and Natural Resources Trust Fund prior to final termination for the pro -rated costs of all habitat restoration projects placed on the described land through this Agreement. For these purposes the total revised updated cost of the habitat restoration projects to the Minnesota Environment and Natural Resources Trust Fund are agreed to be a maximum of $43,000 total, to be spent between July 1, 2016 and June 30, 2019. 2.2 ACKNOWLEDGMENTS The Partner agrees to acknowledge the Trust Fund's financial support for this Work in any statement, press release, bid solicitation, project publications, and other public communications and outreach related to the work completed using the Trust Fund appropriation. The acknowledgement will contain the following language and/or logo(s): r. may- At tA �, V � - 6t ., Y(Aar: ar 4 '� *.# * 1 Z'''4 1' 'i f I. . .••• • -,, .rectrf " - ° o• .-.- r , .,. ,, . , .. --,4, ". : 13 *I. - ,... J , , „_ ., e v ^ s - . r, ,4+ ';1)1: j ' „,,,, Pilot Knob Hill 2016 Project Area GREAT41.01,„, RIVE m ". �, `` ENVIRONMENT GREENING TRUST FUND 0 150 300 600 N i\i Figure A 1: Pilot Knob Hill 2016 Project Area 2.1 CONTRIBUTIONS The Recipient's and Partner's contributions must be for actual and direct costs for the Project Work. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if the Partner(s) terminates the Agreement before its expiration, then the Partner(s) agrees to reimburse the Minnesota Environment and Natural Resources Trust Fund prior to final termination for the pro -rated costs of all habitat restoration projects placed on the described land through this Agreement. For these purposes the total revised updated cost of the habitat restoration projects to the Minnesota Environment and Natural Resources Trust Fund are agreed to be a maximum of $43,000 total, to be spent between July 1, 2016 and June 30, 2019. 2.2 ACKNOWLEDGMENTS The Partner agrees to acknowledge the Trust Fund's financial support for this Work in any statement, press release, bid solicitation, project publications, and other public communications and outreach related to the work completed using the Trust Fund appropriation. The acknowledgement will contain the following language and/or logo(s): page 135 (Partial) funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative -Citizen Commission on Minnesota Resources (LCCMR). 4 ENVIRONMENT AND NATURAL RESOURCES TRUST FUND Preferred acknowledgement language is: (Partial) Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative -Citizen Commission on Minnesota Resources (LCCMR), through Great River Greening's membership in the Metro Conservation Corridors partnership. Partner agrees to maintain signs installed by Greening at the Project Site that includes this acknowledgement language, and will include it in permanent signage. 2.3 ECOLOGICAL AND RESTORATION MANAGEMENT PLAN For all restorations conducted with money appropriated under this section, the Recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest quality conservation and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success of the restoration projects. The plan must include the proposed timetable for implementing the restoration, including site preparation, establishment of diverse plant species native to Minnesota, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best available science and include innovative techniques to achieve the best restoration. Seeding/planting will follow the local ecotype sequencing steps outlined in the Minnesota Board of Water & Soil Resources Native Vegetation Establishment and Enhancement Guidelines (http://www.bwsr.state.mn.us/native veqetation/seedinq_guidelines.pdf June 2015 version). 2.4 RESTORATION EVALUATION Recipient must provide an initial restoration evaluation to LCCMR at the completion of the appropriation and an evaluation three years beyond the completion of the expenditure. Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Minnesota Board of Water & Soil Resources Native Vegetation Establishment and Enhancement Guidelines. The evaluation shall determine whether the restorations are meeting planned goals, identify any problems with the implementation of the restorations, and, if necessary, give recommendations on improving restorations. The evaluation shall be focused on improving future restorations. page 136 2.5 LONG TERM RESTORATION The Partner acknowledges the long term maintenance and enhancement needs of the restoration process to achieve restoration goals. The Partner agrees to maintain restoration for a minimum of 10 years. The Recipient agrees to make reasonable good faith effort to significantly contribute to the successful maintenance of the project. Minnesota Department of Transportation is the Landowner. If the Landowner(s) or Partner should fail to maintain the habitat restoration for 10 years, then the Partner(s) agrees to reimburse the Minnesota Environment and Natural Resources Trust Fund for the pro -rated costs of all habitat restoration projects placed on the described land through this Agreement. 2.6 PROTECTED LAND Partner testifies that the restoration project is on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15; and will provide reasonable written documentation of such protection. 2.7 CONTRACTING Partner understands that Recipient must give consideration to Conservation Corps Minnesota or its successor for sub -contract restoration and enhancement services. 2.8 POLLINATOR HABITAT ENHANCEMENT DNR practices and guidelines for pollinator habitat enhancement must be used for all habitat enhancement or restoration of lands under the commissioner's control. (http://files.dnr.state.mn.us/natural resources/npc/2014 draft pollinator bmp guidelines.p df December 2014 version). Prairie restorations conducted on state lands or with state funds must include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season. CITY OF MENDOTA HEIGHTS MEETING DATE: TO: FROM: Engineer SUBJECT: page 137 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com Request for City Council Action March 3, 2016 Mayor and City Council, City Administrator John R. Mazzitello, PE, PMP, MBA — Public Works Director/City License Agreement Request for Right -of -Way Along Wagon Wheel Trail COMMENT: Introduction The Rogers Lake Property Owners Association is requesting a License Agreement so they can provide some landscaping along Wagon Wheel Trail at the culvert that connect the north and south parts of the lake. Background The attached request outlines why the RLPOA would like to utilize these particular pieces of right-of-way. I should be noted that the Department of Natural Resources regulates fishing activity on Minnesota lakes and has repeatedly denied requests from the City and the RLPOA to prohibit fishing at the Rogers Lake culvert. Discussion The subject of public fishing at the Rogers Lake/Wagon Wheel Trail culvert has been discussed for many years, and it is a prevailing opinion that having public fishing at the culvert is somewhat of a safety hazard due to the proximity of passing traffic on Wagon Wheel Trail. Fishing is available at the pier located in Rogers Lake Park. The attached License Agreement would grant permission to the RLPOA to plant landscaping along the Wagon Wheel Trail right-of-way, ten feet on either side of the culvert on the south side of the road, and five feet on either side of the culvert on the north side of the road. Budget Impact There is no anticipated budget impact other than the staff time to process the attached License Agreement. Recommendation page 138 Staff recommends Council approve the attached license agreement and authorize staff to execute the agreement with the RLPOA. Action Required If Council wishes to enact the staff recommendation, pass a motion approving the attached license agreement and authorize staff to execute the agreement with the RLPOA. page 139 LICENSE AGREEMENT This License Agreement (the "LICENSE") is made this 15th day of March, 2016, between THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the "CITY") and The Rogers Lake Property Owners Association (the "LICENSEE"). RECITALS WHEREAS, LICENSEE is comprised of shore land property owners and other area property owners in the vicinity of Rogers Lake; and WHEREAS, LICENSEE is a registered 501C3 nonprofit organization; and WHEREAS, LICENSEE has made formal request to utilize and improve a portion of CITY owned right-of-way along Wagon Wheel Trail; and WHEREAS, the CITY desires to allow LICENSEE to utilize the right of way for landscape beautification until such time as the right of way is improved. LICENSE NOW, THEREFORE, in consideration of the terms and conditions contained herein, and $1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License. The CITY does hereby grant LICENSEE a non-exclusive revocable license to maintain landscaping within the right-of-way of Wagon Wheel Trail in an area ten feet on either side of culvert under Wagon Wheel Trail on the south side of the road, and five feet on either side of the culvert on the north side of the road. Such license shall extend to LICENSEE only. 2. No Interest Created. LICENSEE certifies, represents and acknowledges that it has no title in or to the LICENSED PREMISES, nor to any portion thereof, and has not, does not and will not claim any such title nor any easement over said land of the CITY. LICENSEE acknowledges that is not acquiring any easement by necessity or otherwise over the LICENSED PREMISES. 3. Improvements. Licensee shall not make any additions or improvements in or to the LICENSED PREMISES without the CITY's prior written consent. 4. Indemnification. LICENSEE shall hold the CITY harmless from and indemnify and defend the CITY against any claim or liability arising in any manner from LICENSEE's use of the LICENSED PREMISES, or relating to the death or bodily injury to any person or damage to any personal property present on or located in or upon the LICENSED PREMISES, including the person and personal property of LICENSEE or LICENSEE's employees, invitees and guests. LICENSEE agrees to pay all sums of money in respect of any labor, service, materials, supplies or equipment furnished or alleged to have been furnished to LICENSEE in or about the LICENSED PREMISES, and not furnished on order of the CITY. LICENSEE may contest any lien for such services, materials, supplies or equipment, on the condition that LICENSEE first provides to the CITY cash, bond, or other security against such lie which the CITY reasonably determines to be sufficient. page 140 5. Assignment or Sublicensing. LICENSEE shall not sublicense any portion of the LICENSED PREMISES or transfer or assign this LICENSE without obtaining the prior written consent of the CITY, which consent the CITY may grant or deny at the CITY's sole discretion. The CITY's consent to any sublicensing or assignment of this LICENSE shall not be a waiver of the CITY's right under this Section as to any sublicensing or assignment. LICENSEE's assignment of this LICENSE or sublicensing of the LICENSED PREMISES shall not relieve LICENSEE from any of LICENSEE's obligations under this LICENSE. 6. Notices. All communications, notices and demands of any kind that either party may be required or desires to give to or serve on the other party shall be made in writing and personally delivered or certified U.S. mail, return receipt requested to the following addresses: To the City: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attention: City Administrator With a copy to: Eckberg Lammers, Attorneys at Law 1809 Northwestern Avenue Stillwater, MN 55082 Attention: Mendota Heights City Attorney To Licensee: Rogers Lake Property Owners Association c/o Patrick Hickey 2303 Swan Drive Mendota Heights, MN 55120 7. No Reliance on CITY's Representations. Neither the CITY nor any agent or representative of the CITY has made any warranty or other representation with respect to the LICENSED PREMISES. 8. Termination and Surrender. The CITY reserves the right to terminate this LICENSE at will and upon termination of this LICENSE by the CITY LICENSEE shall peaceably surrender the LICENSED PREMISES. 9. Sunset. This LICENSE shall be in effect upon the date of the authorizing signature below, and shall remain in effect, unless acted upon by the CITY prior to, March 31, 2021. 10. Miscellaneous. a. Choice of Law. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this LICENSE. page 141 b. Counterparts. This LICENSE may be executed in one or more counterparts, each of which, when taken together will be deemed to be an original. c. Amendment or Modifications. This LICENSEE may not be changed or modified orally, but only upon written agreement signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. d. Severability. If any term or provision in this LICENSE is deemed to be invalid or unenforceable, the remainder of the LICENSE shall remain in effect and be enforceable to the fullest extent permitted by law. e. Time is of the Essences. Time is of the essence in the performance of all obligations under this LICENSE. IN WITNESS WHEREOF, the CITY and LICENSEE have caused these presents to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. CITY: LICENSEE: CITY OF MENDOTA HEIGHTS, A Minnesota municipal corporation By: Its: Patrick Hickey, President Rogers Lake Property Owners Association page 142 John Mazzitello, PE, PMP, MBA Public Works Director/City Engineer City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 February 23, 2016 Mr. Mazzitello, On behalf of the Rogers Lake Property Owners Association, I am requesting a license agreement from the City to restore part of the shoreline of Rogers Lake along Wagon Wheel Trail. The area we would like to restore is the north and south parts of Rogers Lake where Wagon Wheel Trail cuts through it. There are culverts on both sides of Wagon Wheel Trail. There is an area of about 5-10 feet on each side of the north culvert that has no vegetation growing along the shoreline. On the south side the area without vegetation is about 10-15 feet on each side of the culvert. This lack of vegetation makes it attractive to people who want to fish in Rogers Lake. People stand along the shore or bring chairs to sit along the shore to fish. Sometimes they will put in and take out boats from that site. All of this activity is causing the shoreline to erode. The fishing activity is also a safety hazard because people (including children with poles) run back and forth across Wagon Wheel Trail to fish both sides of the lake. Our association would like to plant native willow, dogwood and viburnum along the shoreline. A thriving plant community along the lake edge contributes to good water quality. These plants filter rainwater and melting snow that drain into the lake from the surrounding road. When that water contains pollutants, the vegetation helps purify it. It also provides habitat for a variety of birds, amphibians, insects and mammals. At the same time we plant the shrubs, we would like to install temporary fencing around the planted areas to give the plants time to put down roots and become established. The fencing would discourage fishing along the shore in that area and possibly encourage the use of the fishing facilities in Rogers Lake Park. I have enclosed a drawing of the area we would like to restore. Thank you for your consideration. Sue Light Rogers Lake Property Owners Association enclosure: drawing of area page 143 4.1 cht _1313A1 Qi 43. 1OAGDIV J(EELTR!HL J tit 40, Ix Pt Az 43 3 3 page 144 szt v). caz 0 page 145 1101 Victoria Curve 1 Mendc.:.. nights. MN 55118 651.452.1850 phone I 651.452.8940 fax www.menclota-heights.com CITY OF MEN DOT A HEIGHTS MEETING DATE: March 15, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Conduit Debt Policies and Fees COMMENT: Introduction At the February 9th workshop meeting, the City Council discussed policies and fees relating to the issuance of tax-exempt debt, including conduit debt and qualified housing bonds, for entities other than the City of Mendota Heights. The Council is now asked to consider adopting these policies. Background Minnesota law and federal tax regulations allow cities to issue tax-exempt financing to assist private organizations (also called conduit debt). This financing is often in the form of revenue bonds to assist manufacturing/industrial development, health care facilities, multi -family housing developments, and other projects by 501(c)(3) organizations. The bonds are not general obligations of the City, do not count against the City's debt limit, nor do they impact the credit rating of the City. Cities may issue up to a total of $10 million of tax-exempt bonds annually that are categorized as "bank qualified"; that is, these types of bonds are attractive as bank investments under federal tax regulations, which in turn lowers the interest rates on the bonds. The $10 million annual limit applies to bonds issued for the City's purposes (i.e. streets, utilities, public buildings) and to the types of private or non-profit projects mentioned above. In previous years, the City of Mendota Heights has issued tax-exempt bonds for a number of 501(c)(3) non-profit agencies, including the Academy of the Visitation, and St. Thomas Academy. In addition, housing bonds have been issued for the developers of the Lexington Heights Apartments; and, more recently, housing bonds were of interest to a potential redeveloper of the Larson Greenhouse property. According to the City Attorney, most of the cities with whom he works have either an ordinance dealing with conduit financing outlining the fee structure and other issues, or have a resolution/policy outlining those figures and costs. Mendota Heights has neither; a policy has been drafted for the City Council to consider. Regarding the private or non-profit entities that qualify, the City Attorney states that those must be duly incorporated and validly existing and be in good standing under the laws of the State. Non-profit recipients must also be an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, exempt from federal income taxation under section 501(a) of the IRS code, and that there must be no threatened or pending itheajogryieo the status. Finally, the organization borrowing the funds cannot be a private foundation within the meaning of the IRS Code. By using the tax exempt issuing authority of the City, and especially if the bonds are "bank qualified" as described above, the 501(c)(3) organizations qualify for significant savings in interest rates over the life of the bonds. In the past, the City of Mendota Heights has required the organizations utilizing the City for this conduit debt to reimburse it for any out of pocket expenses, such as legal and financial review. However, there are typically ongoing annual reporting costs over the issuance length of the bonds for which the City has not charged. In addition, while the chances are small, there is always a possibility that the organizations or the bond issues themselves may be audited by the IRS. The organization is typically responsible for all costs related to the audit; however, if the organization has become insolvent, the City might be in the position of having to pay a settlement to the IRS in the event of an adverse finding, or allow the bonds to be declared taxable. Being declared taxable would not impact the City directly, but it would impact the holders of the bonds, as the holders would be responsible to pay taxes on the interest that accrues on the bonds. It is not uncommon for other cities to issue conduit debt for organizations which have no relationship to that city, and those cities charge fees for the privilege. These are cities which usually never issue bonds which exceed the $10 million annual "bank qualified" limit which has been established by the IRS. In fact, borrowing organizations and consultants sometimes seek out these small issuers, such as the cities of Mendota and Lilydale, as these cities rarely ever issue bonds and can exchange their $10 million bank qualified limit for consideration. Fees Charged—In the past, the City of Mendota Heights has charged .0008% of the par value for the issuance of the bonds. For example, a $5 million bond would generate $4000 for the City. In addition, a flat $500 has been charged for the refunding of debt. Both of these fees are significantly below what other cities charge. A survey of other cities (two of which are attached) show that charging .5% to a full 1% is common. Increasing the charge by Mendota Heights to .5% of the par value would generate $25,000 for the City on a $5 million bond. A portion of that fee would go into the General Fund for the reimbursement of future monitoring and reporting costs. The balance could go to other purposes as determined by the City Council—an economic development fund, the special park fund, or the like. The City's financial advisor, Ehlers, recommends charging a single fee up front—either .5% or 1% of the value of the bonds. The alternative is to charge a lesser annual percentage to cover ongoing reporting costs. The rationale is that the annual costs are more difficult to manage. Policies—Ehlers provided staff with the policies of a number of other cities that issue conduit debt. Attached is a proposed policy for the issuance of tax-exempt revenue bonds. It is based on the policies of the Cities of Roseville and Anoka, which were sample policies provided by Ehlers. The proposed fees in this policy are as follows: • Non-refundable application fee of $2500 • Closing fee of the greater of $10,000, or .5% of par value of bonds. • No charges for refunding (other than reimbursement of out of pocket costs)nr-fgeuf4 nt on all other charges. • Subsequent modification fee --$1500 Note that Roseville and Anoka charge a full 1%; we instead recommend .5% Recommendation I recommend the City Council adopt the policies and fees as presented herein. Action Required If the Council concurs, it should adopt the attached Procedure for Private Activity Revenue Bond Financing, by adopting the following Resolution: Resolution 2016-22 A Resolution Adopting Policies and Procedures for Private Activity Revenue Bond Financing for the City of Mendota Heights, Minnesota Mark McNeill City Administrator page 148 Resolution 2016-22 A Resolution Adopting Policies and Procedures for Private Activity Revenue Bond Financing for the City of Mendota Heights, Minnesota WHEREAS, the City of Mendota Heights is has the ability to issue up to $10 million in tax exempt bonds annually that are classified as "bank qualified"; and WHEREAS, the City of Mendota Heights traditionally for itself does not issue bonds which exceed the $10 million limit; and WHEREAS, as a result, the City of Mendota Heights has the capacity to issue Private Activity Revenue Bonds for a variety of projects for other housing and non-profit entities; and WHEREAS, in order to have consistency in the issuance of this conduit debt, and to make certain that all of the costs for the issuance and future reporting are covered, the City of Mendota Heights has prepared a policy which defines the necessary qualifications, methodology, fees, application form, and an Indemnification Letter of Agreement for issuers of Commercial, Educational, Industrial, Health Care, or Housing Bonds, who desire to use the bank qualified bonds to be issued by the City of Mendota Heights; and WHEREAS, said policies have been reviewed and approved by the City Attorney for the City of Mendota Heights. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA that the Procedure for Application to City of Mendota Heights, Minnesota for Private Activity Revenue Bond Financing, effective as of March 16, 2016, is hereby adopted. Sandra Krebsbach, Mayor, City of Mendota Heights, Minnesota ATTEST: Lorri Smith, City Clerk page 149 PROCEDURE FOR APPLICATION TO CITY OF MENDOTA HEIGHTS, MINNESOTA FOR PRIVATE ACTIVITY REVENUE BOND FINANCING Effective as of March 16, 2016 page 150 PROCEDURE FOR APPLICATION TO THE CITY OF MENDOTA HEIGHTS FOR PRIVATE ACTIVITY REVENUE BOND FINANCING Table of Contents Page PART I GENERAL 1 PART II GUIDELINES 2 PART III MISCELLANEOUS MATTERS 4 PART IV APPLICATION FOR TAX-EXEMPT FINANCING 5 PART V APPLICATION FOR TAX-EXEMPT FINANCING 8 PART VI ADDENDUM TO APPLICATIONS 11 PART VII INDEMNIFICATION LETTER OF AGREEMENT 13 page 151 PART I GENERAL Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.1655, as amended (the "Industrial Development Act"), the City of Mendota Heights, Minnesota (the "City") has authority to issue industrial, commercial, and health care revenue bonds or notes to attract or promote economically sound industry and commerce to the City. Under Minnesota Statutes, Chapter 462C, as amended (the "Housing Act"), the City is authorized to issue housing revenue bonds to finance multi -family residential housing projects for low and moderate income persons and elderly persons. Projects must be consistent with a Housing Program as these terms are defined in the Housing Act. The Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax-exempt financing subject to these Guidelines. The Council considers tax-exempt financing to be a privilege, not a right. It is the judgment of the Council that tax-exempt financing is to be used on a selective basis to encourage certain development that offers a benefit to the City as a whole, including significant employment and housing opportunities. It is the applicant's responsibility to demonstrate the benefit to the City, both in writing and at the required public hearing. The applicant should understand that although approval may have been granted by the City for the issuance of financing for a similar project or a similar debt structure, that is not a basis upon which approval will be granted. Each application will be judged on the merits of the project as it relates to the public purposes of the Housing Act or the Industrial Development Act and the benefit to the City at the time the request for financing is being considered. page 152 PART II GUIDELINES 1. The Council will consider tax exempt financing for commercial, industrial and health care projects under the Industrial Development Act and housing projects under the Housing Act. An applicant for tax-exempt financing pursuant to the Industrial Development Act must submit to the City the application contained in Part IV of these Guidelines. An applicant for tax-exempt financing pursuant to the Housing Act must submit to the City the application contained in Part V of these Guidelines. 2. Projects must be compatible with the overall development plans and objectives of the City and comply with the zoning and land use regulations of the City. 3. An application will not be considered by the Council until City Staff has reviewed City Codes with respect to zoning, building plans, platting, streets, and utility services. The application must be accompanied by the addendum contained in Part VI of these Guidelines and must provide information as to the project's need for municipal services including, but not limited to, street improvements, water and sewer services, and police and fire protection. 4. The project must be a positive benefit to the City. The project must be of a nature that the City wishes to attract, or an existing business which the City wishes to retain or have expand within the City, considering employment opportunities, incentive for further development, impact on City services, and support for the industrial, commercial or health care operations currently located in the City. A housing project must provide significant housing opportunities for low and moderate income persons or the elderly. 5. The applicant must select a qualified financial adviser or underwriter to assist the applicant in preparing all necessary application documents and materials. The financial adviser will submit a letter that establishes the financial feasibility of the project. Applications may, in the alternative, include a signed letter from a financial institution indicating that the project is economically feasible and viable and stating that bonds can be successfully sold for the project or that an individual or institution intends to purchase all of the bonds. The City will appoint bond counsel for the bond issue, which will normally be the City's regularly retained bond counsel. 6. Pursuant to the Industrial Development Act and the Housing Act, consideration of an application for tax-exempt financing and issuance of related bonds must be done at a public hearing held by the Council. The applicant or a representative of the applicant must attend the public hearing. Modifications to the project after the public hearing and preliminary approval must be consistent with the scope of the project as proposed at the time of preliminary approval. page 153 The applicant must receive approval from the appropriate state agencies, secure financing and commence construction, if applicable, within one year of the date of the public hearing on the project or the housing program. 7. The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax-exempt financing including, but not limited to, legal fees, financial analyst fees, bond counsel fees, the City staffs expenses in connection with the application, and any deposits or application fees required under state law in order to secure allocation of bonding authority. The applicant must execute a letter to the City undertaking to pay all such expenses. A form of the required letter is set forth as Part VII of these Guidelines. In addition to the out of pocket fees listed above, a non-refundable application fee in the amount of $2,500 must be included with the submission of the application. 8. Prior to closing and delivery of the bonds for the project, the applicant must pay an administrative fee in an amount equal to the greater of $10,000 or .5% of the principal amount of the bonds actually issued. The administrative fees required by this paragraph will be adjusted at or paid prior to delivery of the bonds if necessary to ensure compliance with the Internal Revenue Code and U.S. Treasury Regulations. 9. Applications for financing must be made on the forms attached to these Guidelines. In addition, the applicant must furnish a description of the project, a site plan, elevation of proposed buildings, landscape, lighting, and site preparation, if applicable, together with a brief description of applicant and the proposed financing in such form as required at the time of application. 10. The Council may, in its sole discretion, impose conditions exceeding those required under the City building code in respect to exterior building materials, landscaping, signage lighting, and such other aspects as the Council may consider appropriate on a case-by-case basis. 11. The Council may, in its sole discretion, withdraw its preliminary approval of a project any time if in its judgment the purposes of the Industrial Development Act or the Housing Act will not be served by going forward with the project and its financing. page 154 PART III MISCELLANEOUS MATTERS 1. Refundings. In the case of refundings of bonds for which the administrative fee listed in paragraph 8 of Part II have been paid in full, no new administrative fees are required; but the non-refundable application fee must be paid together with all City expenses in excess of that fee. If the administrative fees for the refunded bonds are not paid in full upon closing on the refunding bonds, such fees must continue to be paid for the refunding bonds. In the case of refundings of bonds where no administrative fee has ever been paid, the administrative fees listed in paragraph 8 of Part II must be paid. The application form is to be appropriately modified. 2. Subsequent Proceedings. Where changes to the underlying documents or credit facilities of outstanding bond issues are to be made and require Council action (including changes that are a "deemed reissuance" under Internal Revenue Service regulations), no administrative fee is to be charged but a non-refundable fee of $1,500 must be deposited with the City to cover administrative costs, and all City expenses in excess of the fee must be paid. No formal application form is required. 3. Issue by Another Political Subdivision. The City will consider requests for tax-exempt financing of projects in the City by other political subdivisions (i.e. "host approval"). In these cases the non-refundable application fee must be paid and all procedures through the approval of the preliminary resolution followed. No administrative fee is charged. 4. City Contact. Initial contacts about tax-exempt financing are made by contacting: Finance Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 5. Request for additional information or requirements. The City of Mendota Heights has the right to request additional information that may be deemed necessary to consider requests for tax-exempt financing of any project in the City of Mendota Heights. 6. Upon issuance of the Bonds. The City of Mendota Heights shall be copied in on all annual certifications of documents that are sent to the U.S. Treasury Department, the Internal Revenue Service, the State of Minnesota, the Minnesota Housing Finance Agency and/or other governmental body for compliance purposes, as provided in the documents relating to the bonds. Any and all signatures required on the documents supporting the tax-exempt financing will be supplied at the convenience of the City. 7. Loss of Bank -Qualified Designation. Federal tax regulations limit municipalities to $10 million of "bank -qualified" tax-exempt bonds to be issued in a calendar year. Bank - qualified bonds are generally more attractive to bank purchasers because they may deduct page 155 certain carrying expenses when making such investments; this attractiveness typically results in lower interest rates for bank -qualified tax-exempt bonds. It is possible that conduit revenue debt issued by the City and designated as "bank qualified" may cause the $10 million limit to be exceeded by the City in a given year, thereby making the City's general obligation bonds (which would have otherwise been designated as bank qualified in such given year) non-bank qualified and subject to higher interest rates. Therefore, the applicant must covenant as part of the project financing documents to reimburse the City for any higher interest costs related to the City's general obligation bonds having to be designated as non-bank qualified bonds due to the conduit debt issuance. The City's legal and financial consultants will determine the present value of the actual additional interest costs due from loss of bank qualification, and such determination shall be conclusive and final. page 156 PART IV APPLICATION FOR TAX-EXEMPT FINANCING (Commercial, Industrial or Health Care) 1. APPLICANT a. Business Name: b. Business Address: c. Business Form (corporation, partnership, sole proprietorship, etc.): d. Authorized Representative: e. Principal contact person and telephone number: 2. PURPOSE OF REQUESTED FINANCING: a. New Facility (describe): b. Expansion (describe): c. Refunding (describe): 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: 4. ESTIMATED PROJECT COSTS: (Not required for refunding) Land Building Equipment Architectural, Engineering Costs of Issuance Capitalized Interest, including discount Other $ Total Financing Requested $ 5. AMOUNT OF FINANCING REQUESTED: $ ( % of project costs) page 157 6. TYPE OF FINANCING PROPOSED: Bonds Tax Exempt Mortgage Note Expected Term of Financing Years Security: Mortgage Letter of Credit Guaranty (third party) Guaranty (personal) Unsecured Other (specify) 7. BUSINESS PROFILE: (Not required for refunding) a. Is the business currently located in the City of Mendota Heights? b. Number of employees in City: 1) Before this project: 2) After this project: c. Approximate annual sales: d. Length of time in business: Length of time in business in City: e. Do you have facilities in other locations? If so, where? f. Is any portion of the project to be financed religious in nature? If so, provide detail. g. If you are considering leasing a portion of the financed project, please provide detailed information as to the tenant(s), the length of the lease, the rental amount, and other particulars. 8. NAMES OF: a. Underwriter or Lender (name and contact person): b. Corporate Counsel: page 158 c. Underwriter's or Lender's Counsel: 9. ANTICIPATED PERFORMANCE DATES: (Not required for refunding) a. Construction start: b. Construction completion: 10. ATTACHMENTS: a. Project description: b. Initial application fee c. Indemnification Letter of Agreement I certify that the information provided above contains no misrepresentations, omissions or concealments of material facts and that the information given is true and complete to the best of my knowledge. I have been furnished a copy of the Procedure for Application to the City of Mendota Heights for Private Activity Revenue Bond Financing and am aware of its content and agree to be bound by its terms and the terms of the indemnification letter. Signature Date Title page 159 PART V APPLICATION FOR TAX-EXEMPT FINANCING (Multi -Family Housing) 1. APPLICANT a. Business Name: b. Business Address: c. Business Form (corporation, partnership, sole proprietorship, etc.): d. Authorized Representative: e. Principal contact person and telephone number: 2. NAMES OF: a. Underwriter or Lender (name and contact person): b. Corporate Counsel: c. Underwriter's or Lender's Counsel: d. Property Management: 3. PURPOSE OF REQUESTED FINANCING: a. New Facility (describe): b. Redevelopment (describe): c. Refunding (describe): 4. PROJECT NAME: 5. PROJECT LOCATION: 6. PROJECT INFORMATION UNIT CURRENT RENTS RENTSAFTER AMI%* Efficiency One Bedroom Two Bedroom Three Bedroom $ $ $ $ Parking (included in rent/ not included in rent) $ Laundry $ Utilities included in monthly rent: page 160 *Please provide detailed information regarding how many units are currently income/rent restricted and what the new number will be once the development is completed. OPERATING EXPENSES (Not required for 501(c)(3) financings) % of Gross (Annual) TOTAL PROJECT COST: $ DEVELOPER EQUITY: $ DEBT SERVICE: $ *HARD COSTS: $ LAND VALUE: $ SOFT COSTS: $ *(Hard Costs are all project costs the IRS has determined to be eligible items for depreciation.) ANTICIPATED INTEREST RATES: AMORTIZATION SCHEDULE: % -Year Amortization Schedule If the project were conventionally financed, what interest rate would you expect to pay? % SALES ASSUMPTION: DEPRECIATION METHOD: (Not required for 501(c)(3) financings) (Not required for 501(c)(3) financings) How many years do you plan to hold the property before you sell? Years: Type: a. At what percent do you feel the value of the project Amount of Total Basis: $ will appreciate? EQUIPMENT: $ of project cost is for equipment (e.g., washers/dryers) page 161 ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE: (Not required for 501(c)(3) financings) (Not required for 501(c)(3) financings) Revenue: % per year First Year: % Expenses: % per year After First Year: % CONSTRUCTION SCHEDULE: (Not required for refunding) Anticipated construction commencement date: Anticipated construction completion date: 7. RELOCATION PLAN (Not required for 501(c)(3) financings) A relocation plan will be required if any of the residents are dislocated due to the renovations or financing that is being utilized. 8. LEASES: If you are considering leasing a portion of the financed project, please provide detailed information as to the tenant(s), the length of the lease, the rental amount, and other particulars. 9. ADDITIONAL INFORMATION: I certify that the information provided above contains no misrepresentations, omissions or concealments of material facts and that the information given is true and complete to the best of my knowledge. I have been furnished a copy of the Procedure for Application to the City of Mendota Heights for Private Activity Revenue Bond Financing and am aware of its content and agree to be bound by its terms and the terms of the indemnification letter. Signature Date Title page 162 PART VI ADDENDUM TO APPLICATIONS The following items must be attached to each application: APPENDIX A A brief description of the organizational structure of Applicant, including parent subsidiary and affiliate organizations (if applicant is other than an individual). APPENDIX B Statement of Applicant's business history (for applications under Part V, including any other multi -family rental projects of the Applicant). APPENDIX C The name, address, and telephone number of: 1. The Applicant's legal counsel 2. The Applicant's accountant 3. The architect of the proposed Project (Not required for refunding) 4. The engineer of the proposed Project (Not required for refunding) 5. The general contractor of the proposed Project (Not required for refunding) APPENDIX D 6. Present ownership of the proposed Project site and Applicant's interest therein. 7. Present zoning of the Project site and a description of what city land use approvals are needed for this project. 8. The projected number of new employees to be added to the Applicant's permanent work force because of the Project (for Commercial, Industrial or Health Care only). 9. Other financing attempted or available to the Project including any interim financing. 10. Statement regarding whether or not this project has all required city approvals. If the project does not have all of the required approvals, list the approvals still needed and a tentative time schedule. page 163 APPENDIX E Indemnification Letter of Agreement. APPENDIX F (Not required for 501(c)(3) financings) Proforma Analysis of the Project page 164 PART VII INDEMNIFICATION LETTER OF AGREEMENT Mayor and City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Application of for Tax Exempt Revenue Bond Financing by the City of Mendota Heights Dear Mayor and Members of the City Council: This letter of agreement is given by laws of Minnesota ("Applicant") as required by connection with its consideration of an application project described in the application. Applicant agrees as follows: , a under the the City of Mendota Heights, Minnesota in for tax exempt revenue bond financing for the 1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the City may incur in connection with its consideration of the project and the granting of tax exempt revenue bond financing therefor, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the State of Minnesota, whether or not revenue bond financing is finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection with the City's consideration, issuance or sale of the bonds for Applicant's project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements executed by the City in connection with the issuance of its bonds for this project. 3. Applicant hereby releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with: the City's consideration of the application for industrial development revenue bond financing for Applicant's project; the failure of the City, in its discretion, to issue tax-exempt revenue bonds for Applicant's project; the issuance and sale of the bonds; the construction of the project; or any other matter or thing of any type or nature whatsoever which may arise in connection with the foregoing. 4. Applicant is aware of the City's application and administrative fee structure for tax-exempt financing and agrees and covenants that all such fees will be paid in the amount and at the times required. Dated: (Applicant) page 165 By Its page 166 City Application Fee Closing Fees Annual Service Fees Fees for Subsequent changes (Non Refundable) (Non -refundable Brooklyn Park $500 .5% of issuance .10% of outsanding amount principal amount St. Anthony Not listed 1% of orginal principal amt Cloquet $5,000 .5% of amount .125% of oustanding $1,500 being issued OR principal remaining Roseville $2,500 > of $10,000, or $1,500 1% of principal Minnetonka $3,500 .125% of outstanding $2,500 principal amount Mound's View $500 1% of par value $500 of bonds Anoka $2,500 > of $10,000, or $1,500 1% of principal Lilydale $25,000 flat fee* * For a $ 6 million bond issuance-- . Lilydale has also charged .25% and .50% of bond issue Each City requires reimbursement of all legal and financial reviews by outside consultants. page 167 Fees for Tax Exempt Debt Issuance Andover Yes One-time fee 0.50% of bond issue. Burnsville Yes $5,000 (currently looking at changing fee schedule) Cottage Grove Yes One-time fee of 1% of bond issue. Crystal For Commercial/Health Care Issues - $2,500 non-refundable one time fee plus 1/2 of 1% of the first $5 million plus an additional 1/a percent on remaining balance with maximum fee of $37,500. For Housing projects — One-time fee of $3,000 for projects $5 million or less or $5,000 one-time fee for projects of more than $5 million plus an annual fee in addition to the one-time fee of 1/8 of 1 percent of the outstanding principal. Eagan Yes $5,000 one-time fee. Eden Prairie Yes $2,000 base fee + 1/8 of 1% annually on outstanding balance. Edina Yes One-time fee of 1/2 of 1% of the principal bond issue. Grand Rapids Yes $1,000 application fee; plus 1% one-time fee with minimum of $2,500 Hutchinson Yes Flat fee of $20,000 Jordan Yes $2,500 application fee; plus 1/a of 1 percent annual fee on outstanding principal balance. Lauderdale Yes 1% of principal bond issue. Lino Lakes Yes $2,500 application fee plus one-time 1% of principal bond issue administrative fee. Little Canada Yes 1% of principal bond issue. Mankato Yes 1% of principal bond issue Maple Grove Yes 1% of the principal amount of the bonds page 168 Minneapolis No '/a of 1% annual fee on outstanding principal balance (1/8 of 1 percent collected semi-annually). New Hope Yes 0.50% one-time fee Richfield Yes $2,500 application fee phis '/4 of 1% annual fee per outstanding principal balance. Rochester Yes 0.25% one-time fee with $5,000 minimum and $25,000 maximum Sartell Yes 0.50% one-time fee - $50,000 maximum. Scott County Yes 1/8 of /z of 1% on monthly basis or 1/2 up front and spread rest over a period of time. White Bear Lake Yes 0.25% one-time fee. White Bear Township Yes 0.25% one-time fee. Rosemount Yes $5,000 application fee plus a one-time fee of 1% of the bond issue. Survey of Cities with IRB Fees November 2007 Ci Upfront Application Fee Separate Reimbursement of 3rd Partv Costs?* Onnoina Fees C page 169 Albert Lea .25% of the principal amount The City reserves the right to modify the administrative fee when, in the judgment of the Council, that the project being financed with the obligations is of a level of merit and public purpose to justify the modification. Andover Between 1/4 point & 1/2 point, depending on size, smaller issues = larger % Yes Austin HRA 1/10% of the issuance amount with a min. fee of $5,000 and a max. fee of 810,000. Yes and specify use of City's attorney Mostly housing -type bonds, does not charge an annual ongoing fee like some other HRA's do. Bemidji Based on size: <$1M $3,000; $1 - 5M $5,000 & >$5M $10,000 Yes Bloomington Processing fee based upon schedule in comment section Yes In addition, a processing charge (fee) will be due the City (with 1/2 [but not less than $1,500] to be submitted with the application, and which wit be non-refundable, and 1/2 due just prior to the City Council acting on the Final Resolution), all based on the following schedule: 1) On the first $5,000,000: $1.00 per $1,000; 2) On portion in excess of $5,000,000: $0.50 per $1,000 In the case of a refinancing, the fee shall be calculated at 50% of the above schedule. The City will be reimbursed for any technical changes to a bond issue previously issued to be calculated at 25% of the above schedule. Proposing to add the following charge beginning January 2008: The City will be reimbursed for any technical changes to a bond issue previously issued to be calculated at 25% of the above schedule. Brooklyn Center 1% of face value of bonds upfront at closing Paid from 1% Plus interest differential if it affects bank qualification. Coon Rapids 1/4 percent of the par amount Yes Cottage Grove Upfront 1% of par amount up to $1OM, plus 1/2% of par amount above $10M Fergus Falls $0 Yes Hopkins $5,000 Yes annual administrative fee of 0.125% of outstanding principal Maplewood $3,400 Yes If the bond issue closes, we charge 1% of the bond issue amount, up to a maximum of $28,600. Survey of Cities with IRB Fees November 2007 Cit Upfront Application Fee Separate Reimbursement of 3rd Party Costs?* Ongoing Fees page 170 Minneapolis see comments In the past, Minneapolis just charged for its out-of-pocket expenses associated with the issuance of conduit bonds. In 1981, the City of Minneapolis dropped its practice of charging for out-of- pocket expenses and put in place an on-going annual administrative fee. The current fee structure is: 1. For the issuance of any industrial/manufacturing IRBs, 501(c)(3) nonprofit revenue bonds and multifamily housing revenue bonds the standard administrative fee is 1/8 of 1% times the outstanding principal balance of the bonds on the day prior to the due date. This semiannual fee is collected each January 1 and July 1 for the full term on the bond issue. For example, if we were to issue $5 million in tax-exempt revenue bonds for a nursing home project, we would collect 1/8 of 1% times the $5 million or $6,250.00 as the initial semiannual payment to the City. For each subsequent January 1 and July 1 throughout the term on the bond issue, we would assume that the debt Is being amortized and that the outstanding principal balance is declining and the fee collected would correspondingly decline as the bonds were paid off. We do not collect any payment at the bond closing, in that all our costs are covered by the on-going administrative fees that the City would collect over the term on the bond issue. There are plenty others (bond counsel, underwriters, trustee) collecting a fee at the bond closing, so the City comes off as the "gc 2. On larger financings for the hospitals and others that may be tens or hundreds of million of dollars, we cap our administrative fee. For example, on a $50 million hospital financing we would collect semiannually 1/8 of 1% on the first $10 million of bonds outstanding, plus 1/16 of 1% on the next $20 million of bonds outstanding, with nothing collected on any amounts over $30 million. So, the fee would be semiannually 1/8 of 1% times $10 million or $12,500.00, plus 1/16 of 1% times $20 million or $12,500.00 for a total of $25,000 semiannually or $50,000 a year. The fee would stick at $25,000 semiannually until the outstanding balance dipped below $30 million, and then it would start to decline along with the declining outstanding principal balance on the bonds. Moorhead $o Yes Northfield $2,500 Ongoing % of outstanding principal Olmsted County $3,000 to $25,000 deposit (based upon 1/4% of issue amount) Yes The applicant must provide to the Chief Financial Officer documentation about the entity requesting the assistance, the project, and the proposed financing method. The County also requires that the applicant assume all of the costs incurred by the County in examining the legal and fiscal aspects of the project as well as ongoing monitoring and reporting of outstanding bonds once issued. The applicant must make a deposit of one fourth of one percent (114%) of the proposed issuance amount with a minimum deposit of $3,000 and a maximum deposit of $25,000. These funds will be applied against the costs incurred by the County for staff time, its consultants, and any other expenses caused by the proposal. If the application is denied, the deposit amount in excess of these costs will be refunded to the applicant. If the application is approved, the full deposit will be retained to additionally cover costs of issuance and future monitoring. In the event the County's actual costs exceed the deposit amount, the applicant will be required to reimburse these additional amounts. Owatonna $1,000 application fee and a fee of .5% of the bonds issued Yes Survey of Cities with IRB Fees November 2007 City Upfront Application Fee Separate Reimbursement of 3rd Party Costs?* Ongoing Fees Comments page 171 Red Wing $2,500 0.125% to 0.25% (see comments) annual admin fee: 1) private business & other organizations paying local property taxes, fee In the amount of 0.25% of the principal amount at closing 2) businesses and organizations not paying local property taxes, fee in the amount of 0.125% of the principal amount at closing, and annually thereafter 0.125% of the outstanding principal amount of the bonds. The administrative fee may be paid in a lump sum at bond closing, or may be paid semiannually while the bonds are outstanding at the times specified in the bond documents Richfield $2,500.00. Yes Annual administrative fee of 0.125% of the outstanding principal balance of bonds. Rochester 1/4 of 1% of applied for face value, minimum of $5,000 & maximum of $25,000 Considering minimum of $7,500 & maximum of $50,000, fee utilized for own bond counsel review. If costs exceed collection, difference billed and collected at closing. If direct costs are less than the application fee, we retain the remainder to defray the cost of tracking these bonds over their life. If bond approval is not obtained or the deal falls through, we usually wit refund any amount collected that exceeds our direct (outside attomey) costs. Rosemont $5,000 app fee to cover staff costs, 1% administrative fee (based on issue size) Yes Sauk Rapids $2,500 plus one-time admin fee of 1% of original principal amt of bonds Shakopee $5,200 Yes St. Louis Park Ongoing fee of 0.125% on the outstanding balance St. Peter 80 Yes We don't have a fee, but we don't cover any expense in it either Wayzata $0 Yes No fees but did require that the transaction was no cost to the City other than a nominal amount of staff time. The organizations requesting were all rock solid non -profits and well supported by the public as doing good work. Council felt like helping them out as long as there was no cost to the city. If the project required substantial staff time or city council meetings, then I believe we would have charged them a fee to reimburse us for our time. Ehlers Range from .25% to 1% of par, More for new money and less for a refunding. All finance related fees should be included in the bond issue, whether paid from bond proceeds or cash from the company. Best & Flanagan We find that most cities charge a fee that is a percentage of the bond amount. Some charge fees just at closing and some charge an ongoing annual fee. Fees tend to range for 1/10th to 1/8th of one percent of the par amount of the bonds. *Some cities may not have indicated whether they require reimbursement of third party costs (Le. attorney fees). �m CITY ❑F MENDOTA HEIGHTS page 172 1101 Victoria Curve 1 Mendr_-:.. !eights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.rnendota-heights.com Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council, City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Volunteer Fire Reserve Group COMMENT: Introduction At the February 3, 2015, City Council meeting the City Council authorized the Fire Department to work on forming a volunteer fire reserve group. Background Since that time, Fire Chief John Maczko, retired Firefighter Mickey Parker, and Fire Secretary Nancy Bauer have completed a Reserve Firefighter Program Policy Manual. We would like to start the process of appointing volunteer reserve firefighters. The size of the reserve group would not exceed 15 members. The reserve firefighters are expected to commit to 20 hours per year minimum and attend all mandatory training and meetings for fire reserves. Those hours would be for fire prevention education in the schools, station tours, public education programs for local businesses, fire prevention activities at events, ability to bring fire equipment or service vehicles to the scene, support roles during emergencies, etc. Discussion Each applicant for reserve firefighter would have to meet the criteria of the position description which requires they be 18 years of age, have a high school diploma, be a retired firefighter in good standing with the fire department they retired from, possess a valid MN driver's license, and have no felony or gross misdemeanor convictions. To apply they will need to fill out a volunteer application, participate in a selection process that would include an oral interview, and pass a background check. Budget Impact The costs associated with running a firefighter reserve group would include thorough background checks, training of the reserves, workman's compensation insurance, uniforms and identification cards. Recommendation Staff recommends that the Mendota Heights City Council approve the implementation of a volunteer firefighter reserve group. Action Required If Council concurs with the staff recommendation, they should approve the implementation of a volunteer firefighter reserve group. �m CITY ❑F MENDOTA HEIGHTS page 173 1101 Victoria Curve 1 Mend -:.. !eights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.rnendota-heights.com Request for City Council Action MEETING DATE: March 15, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meeting Dates COMMENT: Introduction The Council is asked to establish meeting dates for one, and possibly two workshops in April or May. Background Annually, the City Council has held a workshop meeting in May. A date should be established at this time for one for 2016. While an agenda has not been set, we anticipate that there will be follow-up actions from the Financial Summit (held February 9th) to consider, in addition to Police and Engineering reports. We recommend Tuesday, May 24th The Council should also consider scheduling a time to hold a workshop to hear the Police Study report, which was conducted by the McGrath Consulting Group in February, McGrath included in its scope of services a presentation of its findings and recommendations to the Council. It is expected that the final copy of this will be available in late March, or early April. While this presentation could be combined with the more general workshop to be held in May, McGrath recommends an earlier presentation if possible. A meeting at 5:30 PM, to precede the regular Council meeting on April 19th, is suggested as an alternative. A calendar for April and May is attached. Recommendation Staff asks that the Council establish dates for the workshop(s). Action Required The Council should, by motion, establish dates for one or two workshops as described herein. D r 7 [waren •Th F N O) O CO O N CO ~ N- N N ~ '` c- N N E (0 m O N N N N O N O CO N co r N N V. O r O 1-- N N CW CO N F- u> F- CO W LON O N. <I Tr.N CO E N (3) O — CO mCOO N CO N r N N N N O) u_ <t O O N N N CO N N CO O N N N CO N N N O CO O N N City of Mendota Heights v/ cts LL ca 1- cts U) G) a) 0) H N G7 23 Passover IAPPI j ASSOV It p� Service Oriented core value: m "Human service is the highest form of self- -. interest for the person who serves." Elbert Hubbard 1 April Fool's Day CO 15 Taxes Due er S N N ti r r N CO N CO 13 Airport Comm Mtg 7:00 0 N 27 Admin Assist Day 5 City Council Mtg 7:00 12 Parks Comm Mtg 6:30 19 City Council Mtg 7:00 26 Planning Comm Mtg 7:00 1 d' r r N 4. d M 0 r N CD i, N O O M O N M IL c- CO N d) N N H N N co 0O ti N N FN rn O N N (A M OT I N M LL M•N F N 0) (0 M O N CO ~ N N ~ r S-CO N N M 0 O N N N n N O O N N O M O N CO It. r co to N rn N N ~ r•cr co N N OCO N N {(3)� N 2 M 41 Cq M o d' N 0 O L v) 1— 0 page 175 7 MH Spring Clean -Up wJ* r N N Ethical core value: "The first step in the evolution of ethics is a sense of solidarity with other human beings." Albert Schweitzer 1 r N N 5 Cinco de Mayo N rco 0) r to N 11 Airport Comm Mtg 7:00 N 3 City Council Mtg 7:00 10 Parks Comm Mtg 6:30 17 City Council Mtg 7:00 24 Planning Comm Mtg 7:00 S"''' M N 0) r N 30 Memorial Day City Offices Closed CY 4. tso NA r 8 Mother's Day Alcrk 4.0///://,' N N G) N