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2003-04-07 CC PacketALBERTVILLE CITY COUNCIL AGENDA April 7, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) Marchl7, 2003, City Council Meeting (b) March 24, 2003, Special Council Meeting 3. CITIZEN FORUM - (lo Minute Limit) 4. (a) Approve payment of claims (b) Liquor License Renewals • Off Sale Liquor Licenses (1) Albertville Offsale LLC (2) Hackenmueller's Inc. (3) Gary E. Vetsch (4) 152 Club, Inc. (5) C. L. Gentile, Inc. (6) Cobom's • On Sale Liquor Licenses (1) 152 Club, Inc. (2) Cedar Creek Golf Course, Inc. (3) Gary E. Vetsch (4) C. L. Gentile, Inc.. • Special Sunday On Sale Liquor License (1) 152 Club, Inc. (2) C. L. Gentile, Inc. (3) Cedar Creek Golf Course, Inc. (4) Gary E. Vetsch (c) Approve Application for non -Intoxicating Malt Liquor License for the Albertville Lions from 3:00 PM — Midnight on April 26, 2003, at the Albertville Fire Hall (d) Approve Application for Exempt Permit for St. Albert's Catholic Church to conduct bingo, raffles, and pull -tabs at the St. Albert's Parish Center on July 20, 2003 5. DEPARTMENT RPM SS aFire Department (1) FEMA Grant (2) Fire engineer consultant resumes C City Council Agenda April 7, 2003 Page 2 of 2 b. (1) Public Works/Parks Maintenance Report (2) WWTF Report 7;FO c. 9;10 (1) Discuss attachment/detachment or purchased services for the portion of the Highlands Development in Albertville d. rlo-t3° (1) Review CSAH 19 Feasibility Report Q',, jo -Ica (2) Update Transportation Committee Meeting (3) Update Staff meeting with City of Otsegq SAC/WAC Fees for restaurants - '%�'° ( Wetland mitigation plan for Towne Lakes Phase II g,�o-Y;la e. (1) Cable Regulatory Ordinance f. (1) Cedar Creek Golf Course sign (2) Letters of interest re: vacancy on City Council o) r 6. ADJOURNMEN Albertville City Council Minutes March 17, 2003 Page 3 of 4 Berning made a motion to adopt the proposed increases in building permits fees effective April 1, 2003. Fay seconded the motion. All voted aye. City Attorney Mike Couri reviewed the natural gas franchise agreement with CentrePointe Energy. Because of questions relating to right of way charges, the Council directed Couri to contact the League of Minnesota Cities for more information. The Council tabled action on the franchise agreement until the next Council meeting. City Engineer Pete Carlson provided the itemization of costs for the CSAH 19 Improvement Project. The engineer's estimated costs for the entire project, including the trail system from the St. Michael border to the outlet mall is $1,653,249.63. There are currently two proposed bills in the legislature that, if passed, will have an impact on city's ability to bond. The proposed legislation will affect bonding unless the project is contracted on May 1, 2003. One option that would preserve the City's tax abatement bonding I to special assess the bond for the CSAH 19 Improvement Project. This would entail a nominal amount in assessment to all commercial properties along CSAH 19. In order to proceed with special assessment bonding procedures, the Council would need to order a Feasibility Study on the project and schedule a special meeting next Monday night to accept the Study and to schedule the assessment hearing. Further action required by the Council is to approve plans and specifications and to authorize advertisement for bids. Sweeney made a motion to authorize the engineer to prepare a Feasibility Study for the CSAH 19 Improvement Project. Fay seconded the motion. All voted aye. Fay made a motion to adopt RESOLUTION #2003-7 titled RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS for the CSAH 19 Improvement Project. Berning seconded the motion. All voted aye. Berning made a motion to schedule a special meeting on Monday, March 24 at 6:30 pm to review the Feasibility Study. Sweeney seconded the motion. All voted aye. The Council approved accepting a gift of two concrete benches from the Wright County Horticultural Society. The Council discussed the memo regarding the processes to be followed for a referendum election relating to increasing the number of liquor licenses available in the city. Sweeney made a motion to request approval at a special election to increase the number of liquor licenses allowed in the City of Albertville by five additional licenses. There was no second to the motion, and the motion died for the lack of second. Albertville City Council Minutes March 17, 2003 Page 4 of 4 Berning made a motion to request approval at a special election to increase the number of liquor license "in excess of the number permitted by law". Fay seconded the motion. All voted aye. Fay made a motion to set a special election for approval to increase the number of liquor licenses in the City of Albertville on June 10, 2002, from 5:00 PM to 8:00 PM. Sweeney seconded the motion. All voted aye. Sweeney made a motion to approve payment of Check Ws 17690, 17703, and 17708 as presented. Berning seconded the motion. All voted aye. aye. Sweeney made a motion to adjourn at 10:10 PM. Berning seconded the motion. All voted - Don Peterson, Mayor Bridget Miller, City Clerk ALBERTVILLE CITY COUNCIL C2 SPECIAL MEETING March 24, 2003 Albertville City Hall 6:30 PM PRESENT: Mayor Don Peterson, Council members LeRoy Berning, Tom Fay and Tim Sweeney, and City Administrator Linda Goeb Mayor Peterson called the special meeting of the Albertville City Council to order. Berning made a motion to approve the agenda as presented. Sweeney seconded the motion. All voted aye. Fay made a motion to approve the Application to Conduct Excluded Bingo for the Catholic Aid Association, St. Albert council #147, to be conducted at the St. Albert's Parish Center on April 13, 2003. Berning seconded the motion. All voted aye. City Administrator Linda Goeb presented the Feasibility Study for the 2003 CSAH 19 Upgrade as prepared by Pete Carlson, City Engineer. The probable cost summary shows the project at $1,676,452. The project is feasible, cost effective and can best be accomplished as proposed. Sweeney made a motion to adopt RESOLUTION #2003-8 titled RESOLUTION ACCEPTING FEASIBILITY STUDY AND CALLING FOR HEARING ON IMPROVEMNTS TO CSAH 19. Berning seconded the motion. All voted aye. Sweeney made a motion to adjourn at 6:40 PM. Fay seconded the motion. All voted aye. Don Peterson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE *Check Detail Register© April 2003 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 017783 4/7/2003 ACTION RADIO & COMMUNICATIONS E 101-42000-200 Office Supplies (GENERAL) $19.17 8538 Batt Rechar NICAD Total ACTION RADIO & COMMUNICATIONS $19.17 Paid Chk# 017784 4 7/2003 AFLAC G 101-21710 Other Deducations $54.60 607463 AFLAC insurance Prem G 101-21710 Other Deducations $54.60 607463 AFLAC Insurance Prem Total AFLAC $109.20 Paid Chk# 017785 4/7/2003 ALLINA MEDICAL CLINIC E 101-42000-433 Dues and Subscriptions $694.21 10000542 1st Qtr Directorship Total ALLINA MEDICAL CLINIC $694.21 Paid Chk# 017786 4/7/2003 ASHLEY ELECTRIC E 101-42000-405 Repair/Maint - Buildings $729.19 15610 Repair FD Sign/Light Total ASHLEY ELECTRIC $729.19 Paid Chk# 017787 4/7/2003 CARQUEST E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-401 Repair/Maint - Unpaved E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip E 101-43100-404 Repair/Maint - Machinery/Equip Total CARQUEST aid Chk# 017788 4/7/2003 CENTER POINT ENERGY ($25.37) C27575 CREDIT MEMO $23.53 D229498 Repair/maint $25.37 D229517 Micro-V Bell $19.08 D229520 Maint/Repair $10.55 D229563 Maintenance $31.84 D229746 Maintenance $4.63 D230362 Maintenance $5.85 February 2003 Finance Charge $95.48 E 601-49450-383 Gas Utilities $686.23 March 2003 Gas Utilities -Sewage Plant Total CENTER POINT ENERGY $686.23 Paid hk# 017789 4/7/2003 CROW RIVER FARM EQUIPMENT E 101-43100-215 Shop Supplies $37.63 96285 Shop Supplies E 101-43100-215 Shop Supplies $102.43 96452 Misc Shop Supplies Total CROW RIVER FARM EQUIPMENT $140.06 Paid Chl 017790 4/7/2003 CUSTOM LINE PRODUCTS, INC. E 101-43100-404 Repair/Maint - Machinery/Equip $93.72 3290 Pivot -Jamb mnted Total CUSTOM LINE PRODUCTS, INC. $93.72 Paid Chk# 017791 4/7/2003 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $444.36 3158360 Meters for Re -sale Total DAVIES WATER EQUIPMENT CO. $444.36 Paid Chk# 017792 4/7/2003 DELTA DENTAL E 101-41400-131 Employer Paid Health $109.00 3451960 Dental Insurance - Office E 101-41300-131 Employer Paid Health $54.50 3451960 Dental Insurance -Admin E 101-42400-130 Employer Paid Ins (GENERAL) $54.50 3451960 Dental Insurance - Bldg inspec E 101-45100-130 Employer Paid Ins (GENERAL) $54.50 3451960 Dental Insurance - Parks/Parks E 101-43100-130 Employer Paid Ins (GENERAL) $54.50 3451960 Dental Insurance - PW/PW E 601-49450-130 Employer Paid Ins (GENERAL) $81.75 3451960 Dental Insurance - WWTF/PW E 602-49400-130 Employer Paid Ins (GENERAL) $81.75 3451960 Dental Insurance - Water/PW Total DELTA DENTAL $490.50 Paid Chk# 017793 4/7/2003 DIRECT SAFETY COMPANY E 101-43100-215 Shop Supplies $108.10 00229695 Misc. Shop Supplies CITY OF ALBERTVILLE 04/03/03 3:23 PM Page 2 *Check Detail Register© April 2003 Check Amt Invoice Comment Total DIRECT SAFETY COMPANY $108.10 Paid Chk# 017794 if/ 7/2003 DJ'S HEATING & A/C E 101-42000-405 Repair/Maint - Buildings $94.00 045074 Repair Air Exchanger Total DJ'S HEATING S A/C $94.00 Paid Chk# 017795 4/7/2003 DJ'S TOTAL HOME CARE CENTER E 101-43100-404 Repair/Maint - Machinery/Equip $33.58 CH March 200 Repair parts - machinery E 101-45100-210 Operating Supplies (GENERAL) $2.12 CH March 200 New Basketball net E 101-41940-406 Repair/Maint - Buildings $6.38 CH March 200 Repair Lights -CH E 101-41940-405 Repair/Maint - Buildings $19.68 CH March 200 Repair door -CH E 101-45100.404 Repair/Maint - Machinery/Equip $25.10 CH March 200 Repair Parks Machinery E 101-431 OD 404 Repair/Maint - Machinery/Equip $26.61 CH March 200 Repair Machinery E 101-43100-215 Shop Supplies $36.18 CH March 200 Misc. Shop supplies E 101-43100-215 Shop Supplies $50.63 CH March 200 Misc Shop Supplies E 101-41940-405 Repair/Maint - Buildings $55.78 CH March 200 Repair Lights E 101-45100-406 Repair/Maint - Buildings $95.84 CH March 200 Repair Sump Pump E 101-45100-210 Operating Supplies (GENERAL) $42.93 CH March 200 Parks - Supplies E 601-49450-210 Operating Supplies (GENERAL) $20.39 CH March 200 Operating Supplies E 601-49450-210 Operating Supplies (GENERAL) $33.49 CH March 200 Misc. Operating Supplies Total DJ'S TOTAL HOME CARE CENTER $448.71 Paid Chk# 017796 4/7/2003 DON'S AUTO &REPAIR E 101-43100-212 Motor Fuels $44.24 15967 Fuel E 101-42000-212 Motor Fuels $27.02 16137 FD Fuel E 101-42000-212 Motor Fuels $3.43 16185 FD Fuel E 601-49450-212 Motor Fuels $30.81 16239 Fuel E 101-43100-212 Motor Fuels $31.93 16241 Fuel E 101-43100-212 Motor Fuels $29.10 16364 Fuel E 101-42000-212 Motor Fuels $91.59 16503 Gas/Diesel Total DON'S AUTO & REPAIR $258.12 Paid hk# 01 797 4/7/2003 EULL, JOEL R. E 101-43100-410 Rentals (GENERAL) $1,000.00 March 2003 March 2003 Rental Total EULL, JOEL It $1,000.00 Paid h 98 4/7 3 GOEB, LINDA E 101-41400-570 Office Equip and Furnishings $440.92 Dreamweaver Webske Software Total GOEB, LINDA $440.92 Paid Chk# 017799 4/7/2003 GOULD BROTHERS E 101-43100-404 Repair/Maint - Machinery/Equip $48.43 65656CVW Repair'85chev Parts Total GOULD BROTHERS $48.43 Paid hk# 017800 4/7/2 3 GOVERNMENT TRAINING SERVICE E 101-41910-208 Training and Instruction $99.00 Basics Kocon, Frank "Basics" Total GOVERNMENT TRAINING SERVICE $99.00 Paid Chk# 017801 4/7/2003 H & L MESABI PRODUCTS E 101-43100-404 Repair/Maint - Machinery/Equip $434.03 H57209 4' Plow Blades Total H & L MESABI PRODUCTS $434.03 Paid dhk# 0178 22 4/7/2003 KENNEDY & GRAVEN E 448-49000-304 Legal Fees $1,131.08 55532 Abatement Bonds (CR19) Total KENNEDY & GRAVEN $1,131.08 Paid Chk# 017803 4/7/2003 KUNDRAT LAW OFFICE, P.A. E 101-41600-304 Legal Fees $693.00 11158 FD Employment -Services Total KUNDRAT LAW OFFICE, PJL $693.00 ' CITY OF ALBERTVILLE 04/03/03 3:23 PM < Page 3 *Check Detail Register© April 2003 Check Amt Invoice E 101-43100-404 Repair/Maint - Machinery/Equip $139.35 Revised 55270 Revised Bill Total LANO EQUIPMENT $139.35 Paid Chk# 017805 4n/2003 LARSON PUBLICATIONS E 101-41100-351 Legal Notices Publishing $569.98 March 2003 Legal Notices Total LARSON PUBLICATIONS $569.98 Paid Chk# 017806 4n/2003 LEAGUE OF MINNESOTA CITIES E 101-43100-208 Training and Instruction $20.00 1-000013644 Safety Loss Control Workshop Total LEAGUE OF MINNESOTA CITIES $20.00 Paid Chk# 017807 4n/2003 MEDICA E 602-49400-130 Employer Paid Ins (GENERAL) E 10141400-131 Employer Paid Health E 101-42400-130 Employer Paid Ins (GENERAL) E 601-49450-130 Employer Paid Ins (GENERAL) E 101-45100-130 Employer Paid Ins (GENERAL) E 101-41300-131 Employer Paid Health E 101-43100-130 Employer Paid Ins (GENERAL) Total MEDICA Paid Chk# 017808 4n/2003 MEINY'S DIGGERS $1,959.69 1-0001 04324 $2,612.93 L000104324 $1,306.47 1-0001 04324 $1,959.69 L000104324 $1,306.47 L000104324 $1,306.46 L0001 04324 $1,306.46 L000104324 $11,758.17 Medical Ins - Water/PW Medical Ins -Office Staff Medical Ins -Bldg Inspec Medical Ins-W WTF/PW Medical Ins - Parks/Parks Medical Ins Administrator Medical Ins - PW/PW E 602-49400-407 R/M - Water Mains $1,210.00 2845 Repair water break E 602-49400-408 R/M - Water Services $410.00 2846 Repair leaking curb stop Total MEINY'S DIGGERS $1,620.00 Paid Chk# 017809 4n/2003 MIDWEST ANALYTICAL SERVICES E 601-49450-218 Testing Expenses 1$156.00 129518 Testing Expense (CBOD-5) E 601-49450-218 Testing Expenses $116.00 129602 Testing Expense (CBOD-5) Total MIDWEST ANALYTICAL SERVICES $272.00 Paid Ch 017810 4n/2003 MILLER, BRIDGET E 101-41400-200 Office Supplies (GENERAL) $11.19 2003 MCFOA Misc Office Supplies E 101-41400-331 Travel Expenses $73.60 2003 MCFOA Mileage for Conf Total MILLER, BRIDGET $84.79 ai 8 4 003 MINNESOTA PCA E 601-49450-210 Operating Supplies (GENERAL) $1,450.00 4400018211 2003 Fiscal Services Total MINNESOTA PCA $1,450.00 Paid hk# 017912 411003 MINNESOTA COMMERCE DEPT. E 101-41400-433 Dues and Subscriptions $40.00 2003 Notary New Notary Commission Appl. Total MINNESOTA COMMERCE DEPT. $40.00 ald h 7 3 003 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $157.12 115068 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $157.12 Paid Chk# 017814 4n/2003 MN MOTOR VEHICLE E 101-43100-433 Dues and Subscriptions $25.00 ABBWO49 License Plate - Renewal Total MN MOTOR VEHICLE $25.00 Paid Chk# 017815 4Rl2003 MUNICIPAL EMERGENCY SERVICES E 101-42000-584 C/O - Tumout Gear $205.50 131219 Name tag/Patches for Gear Total MUNICIPAL EMERGENCY SERVICES $205.50 Paid Chk# 017816 4n/2003 N. A. C. E 101-41910-306 Planning Fees $583.73 12542 General Services r ; CITY OF ALBERTVILLE 04ro3ro3 3:23 PM Page 4 *Check Detail Register© April 2003 Check Amt Invoice Comment E 101-41910-306 Planning Fees $35.00 12542 Commercial Zone District E 456-49000-306 Planning Fees $936.75 12543 Towne Lakes E 101-41910-306 Planning Fees $527.77 12543 Highlands Sub -division E 462-49000-306 Planning Fees $822.60 12543 Albertville Crossings Bldg D E 452-49000-306 Planning Fees $190.00 12543 Chelsea Properties (JMJ) E 462-49000-306 Planning Fees $21.00 12543 Albertville Crossings Restaura E 462-49000-306 Planning Fees $120.00 12543 Quizno's Sign Request E 101-41910-306 Planning Fees $625.00 12544 March 2003 Services Total N. A. C. $3,861.85 Paid Chk# 017817 4/7/2003 NATIONAL WATERWORKS E 601-49450-210 Operating Supplies (GENERAL) $149.52 9206097 6 Muni -ball plug Total NATIONAL WATERWORKS $149.52 Paid Chk# 017818 4/7/2003 NCPERS GROUP LIFE INSURANCE G 101-21710 Other Deducations $16.00 4/2003 NCPERS Insurance Prem Total NCPERS GROUP LIFE INSURANCE $16.00 Paid Chk# 017819 4/7/2003 NEWMAN TRAFFIC SIGNS E 101-43100-226 Sign Repair Materials $122.10 TI-0102035 Signs for Parks -No Motorized . Total NEWMAN TRAFFIC SIGNS $122.10 Paid Chk# 017820 4/7/2003 NEXTEL COMMUNICATIONS E 101-42000-321 E 101-42400-321 E 101-45100-323 E 101-41400-323 E 101-42400-321 E 101-43100-323 E 602-49400-323 E 101-41400-323 Telephone Telephone Nextei Radio Units Nextei Radio Units Telephone Nextel Radio Unffs Nextei Radio Units Nextei Radio Units E 601-49450-323 Nextei Radio Units Total NEXTEL COMMUNICATIONS $44.04 718183318-01 $287.84 718183318-01 $44.04 718183318-01 $44.04 718183318-01 $45.66 718183318-01 $88.08 718183318-01 $44.04 718183318-01 $132.12 718183318-01 $44.04 718183318-01 $773.90 Paid Chk# 017821 4/7/2003 NORTHERN TOOL & EQUIPMENT Two-way Cell -Fire Dept. Two-way Cell - Bldg Dept. Two-way Cell - Parks Dept Two-way Cell-Eng Inspec Two-way Cell - Bldg Dept. Two-way Cell - PW Dept Two-way Cell - Water Dept Two-way Cell -Office Staff Two-way Cell - Sewage Plant E 101-43100-404 Repair/Maint - Machinery/Equip $75.17 07852060 Jeep fender/alum -parts Total NORTHERN TOOL & EQUIPMENT $75.17 Paid Chk# 017822 4/7/2003 OFFICE MAX E 101-42000-200 Office Supplies (GENERAL) ($50.00) COUPON -See enclosed E 101-41400-200 Office Supplies (GENERAL) ($30.00) COUPON -See enclosed E 101-41400-200 Office Supplies (GENERAL) $11.66 03/31/03 Finance Charge E 101-42400-200 Office Supplies (GENERAL) $10.63 18331974JO45 General Office Supplies E 101-41400-200 Office Supplies (GENERAL) $151.18 18412190JO57 General Office Supplies E 101-42400-200 Office Supplies (GENERAL) $88.95 18499609J??? Office Supplies E 101-41400-200 Office Supplies (GENERAL) $54.24 18535739J??? Office Supplies E 101-42400-200 Office Supplies (GENERAL) $42.46 18535739J??? Office Supplies E 101-42400-200 Office Supplies (GENERAL) $47.56 open/?? Supplies Total OFFICE MAX $326.68 Paid Chk# 017823 4/7/2003 PINNACLE PRINTING, INC. E 601-49450-203 Printed Forms $380.21 1727 Printing - Turn -around Canis Total PINNACLE PRINTING, INC. $380.21 Paid Chk# 017824 4/7/2003 PITNEY BOWES E 101-41400-413 Office Equipment Rental $102.00 0787150-MR03 Postage Machine Rental Total PITNEY BOWES $102.00 Paid Chk# 017825 4/7/2003 PORTABLES PLUS SANITATION CITY OF ALBERTVILLE 04/03/03 3:23 PM Page 5 *Check Detail Register© April 2003 Check Amt Invoice Comment E 101-45100-415 Other Equipment Rentals $114.08 107564 Rental -Portable Bathrooms Total PORTABLES PLUS SANITATION $114.08 Paid Chk# 017826 4/7/2003 POSTMASTER E 602-49400-322 Postage E 601-49450-322 Postage $202.28 1 Qtr Bills Postage - Utility Bills $202.29 1 Qtr Bills Postage - Utility Bills Total POSTMASTER $404.57 Paid Chk# 017827 4/7/2003 RODEN, KEVIN E 101-42000-200 Office Supplies (GENERAL) $15.76 2060 Printing - copies Total RODEN, KEVIN $15.76 Paid Chk# 017828 4/7/2003 S. E. H. E 101-41700-303 Engineering Fees $1,428.80 E 604-49660-300 Professional Srvs (GENERAL) $7,538.16 E 456-49000-303 Engineering Fees $2,171.12 E 452-49000-303 Engineering Fees $584.97 E 101-41700-303 Engineering Fees $1,426.37 E 450-49000-303 Engineering Fees $645.91 E 447-49000-303 Engineering Fees $1,400.00 E 448-49000-303 Engineering Fees $1,400.00 R 101-32210 Building Permits $1,500.00 E 462-49000-303 Engineering Fees $133.38 E 463-49000-303 Engineering Fees $815.94 E 101-41700-303 Engineering Fees $4,260.44 E 448-49000-303 Engineering Fees $30,712.71 Total S. E. H. $54,017.80 Paid Chk# 017829 4/7/2003 SENTRY SYSTEMS, INC. 97784 Public Works Facility 97810 Stormwater Background Plan 97811 Towne Lakes Phase III 97812 Outlets Phase III 97813 City Marketing Materials 97815 AV 6th Add 97816 57th Street Improvements 97816 CSAH 19 Improvement 97817 Lot Surreys 97828 Albertville Crossings 97829 NW Commercial Park 98189 General Services Feb 2003 98227 CASH 19 Upgrade E 101-45100-405 Repair/Maint -Buildings $76.46 32232 Security - Park Shelter E 101-42000-405 Repair/Maint -Buildings $50.96 32365 Security - Fire Hail Total SENTRY SYSTEMS, INC. $127.42 Paid Chk# 017830 4/7/2003 SPRINT- GA E 101-41940-321 Telephone $48.70 March 2003 Phone - Long Distance Total SPRINT- GA $48.70 Paid Chk# 017831 4/7/2003 SPRINT- MO E 101-41940-321 Telephone $51.29 March 2003 Phone - CH 4th line E 101-41940-321 Telephone $222.58 March 2003 Phone - tax/surcharges E 101-42400-321 Telephone $57.24 March 2003 Phone - Bldg Dept E 101-41940-321 Telephone $51.29 March 2003 Phone - CH 3rd line E 101-42400-321 Telephone $31.34 March 2003 Phone - Bldg Dept. -FAX E 101-41940-321 Telephone $31.34 March 2003 Phone - CH Fax line E 101-41940-321 Telephone $31.34 March 2003 Phone - CH Internet Sery E 101-41940-321 Telephone $31.34 March 2003 Phone - CH line E 101-43100-321 Telephone $31.34 March 2003 Phone - PW Garage main E 101-43100-321 Telephone $31.34 March 2003 Phone - PW/Water fax E 101-42000-321 Telephone $33.20 March 2003 Phone - Fire Dept fax E 101-42000-321 Telephone $33.20 March 2003 Phone - Fire Dept line E 101-41940-321 Telephone $28.70 March 2003 Phone - CH 5th line E 101-41940-321 Telephone $189.22 March 2003 Phone - CH main line E 101-45100-321 Telephone $30.80 March 2003 Phone - Parks Dept E 101-41940-321 Telephone $16.24 March 2003 Phone - long distance E 101-42400-321 Telephone $51.29 March 2003 Phone - Bldg Dept E 101-42400-321 Telephone $51.29 March 2003 Phone - Bldg Dept E 101-41940-321 Telephone $51.29 March 2003 Phone - CH 2nd line Total SPRINT- MO $1,055.67 CITY OF ALBERTVILLE o4ro3/03 3:23 PM Page 6 *Check Detail Register© April 2003 Check Amt Invoice Comment Paid Chk# 017832 4/7/2003 UNIFORMS UNLIMITED INC E 101-42000417 Uniform Rentals $65.70 164517 Two (2) Fire Dept. Shirts Total UNIFORMS UNLIMITED INC $65.70 Paid Chk# 017833 4/7/2003 VALERIUS, BILL E 101-42000-200 Office Supplies (GENERAL) $284.06 2064B Misc Office Supplies Total VALERIUS, BILL $284.06 Paid Chk# 017834 4/7/2003 VANCE BROS INC. E 101-43100-400 Repair/Maint - Paved Rd $151.76 IN 1398 UPM Patch Mix Total VANCE BROS INC. $151.76 Paid Chk# 017835 /2003 VERIZON E 101-42000-321 Telephone $14.91 March 2003 Phone - Fire Dept cell Total VERIZON $14.91 Paid Chk# 017836 4/7/2003 VIKING TROPHIES, INC. E 101-42000-200 Office Supplies (GENERAL) $99.68 63374 Name Plates - FD Total VIKING TROPHIES, INC. $99.68 Paid Chk# 017837 4/7/2003 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $159.33 0530701-1593- Refuse Waste Hauler Total WASTE MANAGEMENT $159.33 Paid Chk# 017838 4/7/2003 WESTSIDE WHOLESALE TIRE E 101-43100-404 Repair/Maint - Machinery/Equip $179.28 509802 Trailer Tires Total WESTSIDE WHOLESALE TIRE $179.28 Paid Chk# 017839 4/7/2003 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $814.78 3729 Sand/Salt Mixture E 101-43100-404 Repair/Maint - Machinery/Equip $497.32 3730 Plow Blades Total WRIGHT COUNTY HIGHWAY DEPT. $1,312.10 Paid Chid 017840 47 /2003 WRIGHT CTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $21,170.00 Patrol-03-4 Police Protection Sery Total WRIGHT CTY SHERIFFS PATROL $21,170.00 Paid hk# 017841 4/7/2003 WRIGHT-HENNEPIN COOPERATIVE E 101-43160-381 Electric Utilities $272.76 March 2003 Street Lighting - Towne Lakes Total WRIGHT-HENNEPIN COOPERATIVE $272.76 Paid Chk# 017842 4/7/2003 XCEL ENERGY E 101-45100-381 Electric Utilities $8.03 March 2003 Electric-58th St-P.Shelter E 101-41940-381 Electric Utilities $3.77 March 2003 Electdc-CP-Siren Total XCEL ENERGY $11.80 10100 Premier Bank $109,912.23 ' CITY OF ALBERTVILLE 04/03/03 3:23 PM ` Page 7 *Check Detail Register© April 2003 Check Amt Invoice Comment Fund Summary 10100 Premier Bank 101 GENERAL FUND $51,626.07 447 57TH ST IMPROVEMENT $1,400.00 448 CSAH 19 IMPROVEMENT $33,243.79 450 ALBERT VILLAS $645.91 452 TRAFFIC LIGHT $774.97 456 TOWNE LAKES $3,107.87 462 COBURN'S $1,096.98 463 NW COMMERCIAL PARK $815.94 601 SEWER FUND $5,310.42 602 WATER FUND $4,352.12 604 STORM WATER $7,538.16 $109,912.23 • Minnesota Department of Public Safety ' Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979 -TTY 651-282-6555 - Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL License Period Ending 4/ 15/2003 ID# 1626 City/County where license approved. a rt v i 11 e Licensee Name Hackenmueller's Inc. Trade Name Hack's Liquor Licensed Location address 11850 62nd St NE City, State, Zip Code Albertville, MN 55301 Business Phone 763/497-2353 LICENSE FEES: Off Sale $ 100.00 0. 00 On Sale $ Sunday $ 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure toreport any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in c or securititer $100,000 surety b ubmitted in lieu of liquor liability. 1 Licensee Signatur / ��1---�--f� Date (Signature certifies aVaTove information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifie�4censee is eligiDtle-fRr license). Police/Sheriff Signat Date (Signature certifies licensee or associat ekcited durin-g"dwpast five years for any state/local liquor law (criminal/civil). Report violations on back, then sign here. PS 9093-98 Minnesota Department of Public Safety ' Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be 4pproved or released until the $20 Retailer ID Card fee is received by MN liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City- Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBN Lic nse,Pe 'od Ending 4/ 15/2003 ID# 158 City/County where license approved. eret v 1 1 lne Licensee Name Vet sch, Gary E. Trade Name Smackdown's Sports Bar & Grill Licensed Location address 5772 Main Ave NE / PO Box 51 City, State, Zip Code Albertville, MN 55301 Business Phone 763 / 497 — 9325 LICENSE FEES: Off Sale $ AOM /00• ed On Sale $ 2800.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure toreport any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities pr $10 ,000 sue bond may be submitted in lieu of liquor liability. I d Licensee Signature X (Signature certifies all above Date 'S ")— be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff (Signature certifies licensee or associates Tiav n - eei ci (criminal/civil). Report violations on back, then sign here. Date —�- 3(— past five years for any state/local liquor law violations PS 9093-98 Minnesota Department of Public Safety ' Alcohol and Gambling Enforcement .g 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Comml Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBN Lic nse.Peyod Ending City/County where license approved. a r v 11e Licensee Name 152 Club Inc. 4/ 15/2003 ID# Trade Name 152 Club Licensed Location address 5794 Main Ave NE/Box 107 City, State, Zip Code Albertville, MN 55301 Business Phone 612 / 497 — 4101 LICENSE FEES: Off Sale $ 100.00 On Sale $ 2500.00 Sunday $ 1627 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Anolicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Date 3 RM (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses onlVgignature cergf4Ss licensee is eSli'giblg.for license). Police/Sheriff Signat `v Date (Signature certifies licensee or associ t cited du the past five years for any state/local liquor law (criminal/civil). Report violations on bac , en sign here. PS 9093-98 0Minnesota Department of Public Safety Alcohol and Gambling Enforcement .g 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 s' 651-296-6979 • TTY 651-282-6555 • Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be 3Pproved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code CMBS License Period Ending 4/ 15/2003 1D# 10576 City/County where license approved. A l be rt v i 11 e Licensee Name C. L. Gentile Inc. Trade Name Geez Sports Bar & Grill Licensed Location address 5788 Main A v e City, State, Zip Code Albertville, MN 55301 Business Phone 612/497-2505 LICENSE FEES: Off Sale $ 100.00 On Sale $ 2500.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. _ It Licensee Signature (Signature certifies Date 3— above inTormation to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies liceosee�ys-eligible for license). (criminal/civil). Report violations on back, then sign here. PS 9093-98 Minnesota Department of Public Safety. Alcohol and Gambling Enforcement a 444 Cedar.Street, Suite.133 ; St. Paul, MN 55101-503 651-296-6979 - TTY 651-282-6555 - Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending City/County where license approved. 01 bert v i 11 e 4/15/20031D# 8568 Aar & R=i11 T604�4R ��E� C�!%CF IAJC Licensee Name = - Trade Name 9 �^�—A=^ 8�—Brill �DI9'q d eEE/S B qR- Licensed Location address 5700 Jason A v e City, State, Zip Code Albertville, MN 55301 Business Phone 612/497-3499 LICENSE FEES: Off Sale $ 0. 00 On Sale $ 2800.00 Sunday $ 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. n %1 Licensee Signature /4j/ (Signature certifies all above Date to be correct and license has been approved by city/county.) City Clerk/County Auditor Signature Date _Z-a-o3 (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-98 (612) 497-3384 Fax: (612) 497-3210 APPLICATION FOR NON—I1MXICATIN+G MALT LIB LICE The undersigned certifies that it complies with Minnesota Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this appli- cation makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. A license fee of $10.-00 per day is required to accompany this application. Pcaa-C&J-1 1. Name of Applicant: V_X 2. Name and Address of President and Secretary of Applicant: 3. Purpose for which funds derived will be used: TG S e- 11 Vier c„+ Pot k C% on d► "lle r 4. Date of activity: D /' ►� a % 4 A 5. Premises from which non -intoxicating malt liquor will be dispensed on said date: _ P-1' r P d C4 l t &Z&2 6. Hours of operation: 3 A 7.• Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: iA� s �, a-rt�a. 6 L� Date: 3 _ V_0l Signature of Applicant(s) i Minnesota Lawful Gambling Id LG220 Application for Exempt Permit Fee - $25 Organization Information lCheck No. Organization name Previous lawful gambling exemption number St. Albert's Catholic Church X-00752 Street (rr%m i Uner aAatra.ss) P.O. City State/Zip Code County Box 127 I IWright 11400 57th Street NE Albertville MN 55, Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO 0.✓Ga. @a dam. Father Peter Richards (763 ) 497-2474 Name of treasurer Daytime phone number of First name Last name treasurer: Earl Beaudry (763 ) 497-2752 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ® Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office(n%u5+ bw- ca.rrerx ❑ A charter showing you are an affiliate of a parent nonprofit organization ® Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, fist the site where the drawing will take place) St. Albert's Parish Center Address (do not use PO box) City StatefZip Code County 11458 57th Street NE Albertville MN 55301 Wright Date(s) of activity (for raffles, indicate the date of the drawing) July 20, 2003 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ® *Bingo ® Rafts (cash prizes may not exceed $12,000) ❑ *Paddlewheels ® *Pula -Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supplythe information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying foryour permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which wil remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Pubic Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. tG220 Application for Exempt Permit Page 2 of 2 3/01 Organization Name St. Albert's Catholic Church Local Unit of Government If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, 1 acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on this application. aThe city approves the application with no waling period. Check the action that the county is taking on this application. The county approves the application with no waiting period. ❑The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). 11 The city denies the application. The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Titre Date Date / / TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's Name (please print) Date / Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. Entire Application Applicant Information Fire Department Name ALBERTVILLE FIRE & ERSCUE Type of Fire Department City If other, please enter the type of Fire Department • Employer Identification Number 41-1252624 Physical Address • Headquarters' Physical Address 1 11350 57TH ST. NE Headquarters' Physical Address 2 City ALBERTVILLE State Minnesota Zip 55301 - 8750 • Mailing Addressl 11350 57th ST. NE Mailing Address2 City ALBERTVILLE State Minnesota Zip 55301 - 8750 Account information • Type of bank account Checking • Bank routing number - 9 dioit number on the bottom left 360100077 hand comer of your check • Your account number 0091905680 Additional Information This fiscal year, are you receiving Federal funding from any other grant program for the same purpose for which No you are applying for this grant? This fiscal year, are you receiving Federal funding from No any other grant program regardless of purpose? • Is the applicant delinquent on any federal debt? No If yes, type explanation in space provided below Contact Information Alternate Contact Information Number 1 Title CHIEF Salutation Mr. • First Name KEVIN Middle Initial • Last Name RODEN https://portal.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 • Day Phone 763-497-3724 Ext. -Evening Phone 763-497-3724 Ext. Cell Phone 763-360-2601 Fax 763-497-7474 Email Alternate Contact Information Number 2 Title CAPTIN Salutation Mr. • First Name BILL Middle Initial Last Name VALAUIS Day Phone 763A97-1955 Ext ,Evening Phone 763-497-1955 Ext Cell Phone 612-272-5618 Fax 763-497-7474 Email Department Characteristics (1) • Are you a member of a Fire Department or authorized yes representative of a fire department? • Are you a member of Federal Fire Department or contracted by the Federal government and solely No responsible for suppression of fires on Federal property? • What kind of Department do you represent? All volunteer If you answered combination, above, what is the oho percentage of career firefighters in your department? • What is the square mileage of your primary response 12 area? * What percentage of your response area is protected by 40 % hydrants? How much of your jurisdiction is zoned for agriculture? 10 % How much of your jurisdiction is zoned for commercial or 35 % industrial? • How many structures in your jurisdiction are more than 1 four stories tall? • What is the permanent resident population of your 5800 primarytfirst=reresponse area or)urisdiction served? • How many active firefi h�are in the operations/EMS 30 division of your department? • How many stations are in your department? 1 • Do you currently report to the National Fire Incident Yes Reporting System (NFIRS)? If you answered yes, above, please enter your FDIN? 86101 • What services does your department provide? https://portal.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 Structural Fire Suppression Fighting Wildfire Suppression Hazmat Operational Level Rescue Operational Level Department Characteristics (II) • What is the total number of fire related fatalities in your 0 jurisdiction over the last three years? What is the total number of fire related firefighter injuries 0 in your jurisdiction over the last three years? • In an average year, how many times does your 5 department receive mutuaVautomatic aid? * In an average year, how many times does your 5 department provide mutuaVautomatic aid? • What was your department's estimated average 171000 operating budget over the last three years? • What percentage of your annual operating budget is dedicated to personnel costs(salary, overtime and fringe 15 % benefits)? • What percentage of your annual operating budget is derived from: Taxes? 100 % Grants? 0 Donations? 0 % Fund drives? 0 % *How many vehicles does your department have in each of the categories below? Enter numbers only and enter 0 if you don't have any of the vehicles below First Line Reserve a. Engines (or pumpers): 2 0 b. Aerial Apparatus: 1 0 c. Tankers: 1 0 d. Rescue Vehicles: 1 0 e. Brush/Quick attack. 0 0 f. Other. 0 0 Provide in the space below the following information only if you are applying for a firefighting vehicle: List all your vehicles by type (for example, engines/pumpers, brush, rescue, etc.). Then provide the year each was manufactured. If the department has more than two of any type, provide the total number of vehicles in that category and the years the oldest and the newest were manufactured. Department Call Volume How many responses per year by category? Enter whole numbers only: If you have no calls for any of the categories, enter zero. Structure Fires 15 Vehicle Fires 20 Vegetation Fires 4 https://portaI.fema. gov/firegrant/jsp/fire/print_app.jsp?print=true&app_n umI... 3/27/03 EMS 180 Rescue 25 Hazardous Condition/Materiels Calls 4 Service Calls 15 Good Intent Calls/False Alarms 10 Other Calls and Incidents 3 Request Information 1. Select the program for which you are applying. Remember, you can apply for only one program this year. Within a program you may apply for as many activities as are required. 2. Will this grant benefit more than one department? Yes 3. If you answered Yes to Question 2 above, please specify how? (You can only enter 4000 characters) It will help in firefighter saftey in the area's of R.I.T. team, we are 1 in 4 cities in are county who is trained in the R.I.T system. out of 17 fire departments in are county. The Ture-out gear,scba's, Thermal Imaging camera and other requsted equipment will give are deparment the needed and added equipment to safely respond to calls of a RIT team. Do to the need for day time firefighter in the cities of Albertville -St. Micheal, and Eastern side of Wight County is high do to 85% of the firefighters work out of town. The need for the RIT team is high. We are also 1 of 32 cities in a north suburban mutual aid association. If there is a major call we could be called into the inner cities and north and western suburb's of the Twin Cities area. By getting this grant it would benefit up to 40 cities if the need for a RIT Team or mutual Aid is called for. Request Details Activity Number of Entries Total Cost Additional Funding FireFighting Equipment 3 $ 54,500 $ 0 Modify Facilities 0 $ 0 $ 0 Personal Protective Equipment 6 $ 158,460 $ 0 Wellness and Fitness Programs 0 $ 0 $ 0 Training 0 $ 0 $ 0 FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? Cascade Systems, Filistations, etc. 2 Number of units 1 3 Cost per unit $30000 4. Generally the equipment purchased under this grant program (select one): Weil replace old, obsolete, or substandard equipment currently owned by this department If you selected "replacing equipment' (from question 4) above, please specify the Over 5 Years age of equipment in years https://portal.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_num I... 3/27/03 5. Generally, the equipment purchased under this grant program (select one) r Has no statutory basis 6. Is this piece of equipment primarily: Firefighting equipment 7. Will this grant be used primarily for Rapid Intervention Teams (RIT)? Yes FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? Monitoring and Sampling Devices 2 Number of units 1 3 Cost per unit $3500 4. Generally the equipment purchased under this grant program (select one): Will expand the capabilities of the department into a new mission area If you selected "replacing equipment" (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6. Is this piece of equipment primarily: Firefighting equipment 7. Will this grant be used primarily for Rapid Intervention Teams (RIT)? Yes FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? Thermal Imaging Devices 2 Number of units 1 3 Cost per unit $21000 4. Generally the equipment purchased under this grant program (select one): Is necessary for basic firefighting capabilities, but has never been owned by this department If you selected "replacing equipment' (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6. Is this piece of equipment primarily: Firefighting equipment 7. Will this grant be used primarily for Rapid Intervention Teams (RIT)? Yes Personal Protective Equipment Personal Protective Equipment Details 1. Select the PPE that you propose to acquire Gloves If you selected other above, please specify '2. Number of units 30 '3. Cost per unit 40 https://portal.fema.gov/fi regrant/jsp/fire/print_app.jsp?print=true&app_numl... 3/27/03 *4. What percentage of your "on -duty" active firefighters has personal 75 % protective equipment that meets current NFPA and OSHA standards? *5. What percentage of your "on —duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? T. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment" (from question 6) 5-10 years above, please specify the age of equipment in years *7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? *8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details *1. Select the PPE that you propose to acquire Spare Cylinders-30 minutes If you selected other above, please specify *2. Number of units 16 *3. Cost per unit 350 *4. What percentage of your "on -duty" active firefighters has personal 25 % protective equipment that meets current NFPA and OSHA standards? *5. What percentage of your "on duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? *6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment" (from question 6) More than 10 years above, please specify the age of equipment in years *7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? *8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details *1. Select the PPE that you propose to acquire Goggles If you selected other above, please specify *2. Number of units 30 *3. Cost per unit 35 *4. What percentage of your "on -duty" active firefighters has personal 25 % https://porta l.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 protective equipment that meets current NFPA and OSHA standards? `5. What percentage of your "on duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? `6. What is the purpose of this request? to buy equipment for the first time If you selected "to replace old/obsolete equipment" (from question 6) above, please specify the age of equipment in years '7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? '8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details '1. Select the PPE that you propose to acquire Hoods If you selected other above, please specify `2. Number of units 30 '3. Cost per unit 30 '4. What percentage of your "on -duty" active firefighters has personal 75 % protective equipment that meets current NFPA and OSHA standards? `5. What percentage of your "on_duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? '6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment' (from question 6) 5-10 years above, please specify the age of equipment in years `7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? '8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details '1. Select the PPE that you propose to acquire Boots If you selected other above, please specify '2. Number of units 30 '3. Cost per unit 175 '4. What percentage of your "on -duty" active firefighters has personal 25 % protective equipment that meets current NFPA and OSHA standards? https://porta1.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_num I... 3/27/03 *5. What percentage of your "on duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? "6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment" (from question 6) More than 10 years above, please specify the age of equipment in years '7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? '8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details '1. Select the PPE that you propose to acquire SCBA-30 minutes If you selected other above, please specify 2. Number of units 16 "3. Cost per unit 4885 `4. What percentage of your "on -duty" active firefighters has personal 25 % protective equipment that meets current NFPA and OSHA standards? *5. What percentage of your "on_duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? `6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment" (from question 6) More than 10 years above, please specify the age of equipment in years `7. If purchasing a PASS device, what type of pass devices will you be Integrated/Automatic PASS purchasing? '8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details '1. Select the PPE that you propose to acquire Face Pieces If you selected other above, please specify `2. Number of units 30 '3. Cost per unit 310 '4. What percentage of your "on -duty" active firefighters has personal 35 % protective equipment that meets current NFPA and OSHA standards? *5. What percentage of your "on duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA https://portal.fema.gov/firegrant/jsp/fire/print_app. jsp?print=true&app_num I... 3/27/03 standards if the grant is awarded? *6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace oldlobsolete equipment' (from question 6) More than 10 years above, please specify the age of equipment in years *7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? *8. Is this PPE : For protection use against fire Personal Protective Equipment Personal Protective Equipment Details *1. Select the PPE that you propose to acquire Complete set of turnout If you selected other above, please specify *2. Number of units 30 *3. Cost per unit 1900 *4. What percentage of your "on -duty" active firefighters has personal 25 % protective equipment that meets current NFPA and OSHA standards? *5. What percentage of your "on —duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? *6. What is the purpose of this request? to replace oldlobsolete equipment If you selected "to replace oldlobsolete equipment' (from question 6) More than 10 years above, please specify the age of equipment in years *7. If purchasing a PASS device, what type of pass devices will you be Not applicable purchasing? *8. Is this PPE : For protection use against fire Total Budget Budaet Obiect Class a. Personnel $ 0 b. Fringe Benefits $ 0 c. Travel $ 0 d. Equipment $ 212,960 e. Supplies $ 0 f. Contractual $ 0 g. Construction $ 0 https: //portal.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 h. Other $ 0 i. Indirect Charges $ 0 Indirect Cost Details Agency Indirect Cost Agreement with Indirect Cost Rate % Agreement Summary Federal and Applicant Share Federal Share $ 191,664 Applicant Share $ 21,296 Federal Rate Sharing (%) 90/10 Non —Federal Resources (The combined Non -Federal Resources must equal the Applicant share or S 21.296) a. Applicant $ 21296 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources, Please identify the source of your cost share, i.e., fund reserves, savings, fund- raisers, donations, etc. Total Budget $ 212,960 Narrative Statement Project Description Please provide your narrative statement in the space provided below: The Albertville Fire Department (AFD) currently owns 24 sets of tumout gear, 12 SCBAs, and is currently at a staffing level of 30. Most of the tumout gear and SCBAs used by AFD are over 10-15 years old. In order to provide maximum safety for the firefighters all new tumout gear, gloves, boots, hoods, SCBAs with built-in PASS alarms, face pieces for every member of the department, and spare bottles will need to be purchased. It is RFD's intent to purchase 30 complete sets of Personal Protective gear and 16 SCBAs with built in PASS alarms to provide our firefighters with the ultimate protection. In order to determine which ones are best suited for the department the Fire Chief and Officers have examined the current brands and models available for tumout gear, gloves, boots, hoods and SCBAs. AFD also needs to replace an outdated Compressor -Cascade System. The system in use today is weak and cannot fill Cascade bottles to full capacity. Repairing the system would not be cost effective and therefore we are looking to replace it with a new updated system. A Thermal Imaging Camera has never been owned by AFD. Owning a Thermal Imaging Camera will increase the rescue capabilities for both the citizens of the community and for the firefighters. This device will allow the AFD to locate the seat of the fire more rapidly, which in turn speeds up the rescue of citizens and firefighters that may be trapped inside of a burning building. Albertville Fire Department is also requesting funding in order to buy a gas monitor. The AFD has never owned a gas monitor. The monitor would assist the department by finding gas leaks faster, monitoring the air quality inside a building, and aiding in the safe entry of firefighters to a building. In 2002, AFD responded to over 250 Medical, Fire, and Hazardous calls, including 1 tomado that hit at midnight, in the city of Albertville. In 2000, we responded to an arson attempt at the Outlet Mall of Albertville, by a group that calls https://portaI.fema.gov/fi regrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 themselves, Earth Liberation Front (ELF). The Outlet Mall of Albertville is the largest in the state of MN where one building alone is over 270,000 sq. feet and phase two is another 120,000 sq. feet At this time they are adding a third phase with four buildings totaling 300,000 sq. feet The city of Albertville is one of fastest growing areas west of the Minneapolis/St. Paul metropolitan area. Over the past 10 years, with the growing population of the city and surrounding cities the fire department has not been able to keep up with the needs of their fire district The city of Albertville has a population of 4,700 with an additional 1,500 to 1,700 people located in our fire district. The fire district is within 29 miles of the Minneapolis/St. Paul Metropolitan area and 32 miles from the city of St. Cloud also a large metropolitan area. The Outlet Mall of Albertville also accounts for another 2.5 million people that travel to the area to shop. Once the third phase of the Outlet Mall, which is currently underway, is complete there may be anywhere from 3.5 — 4.0 million people traveling to the area. The city of Albertville is also within 10 miles of the Monticello Nuclear Plant, which poses a greater risk of a Hazmat incident on Interstate 94, which is a major roadway that goes right through our fire district. The city of Albertville is a Statutory City and has used local government aids to supplement the city's general levy. The change in property tax laws has affected how the city collects monies used and some existing aids have been eliminated. This puts a heavier burden on the locality to collect taxes used to support local services. The AFD is a department of the city and is funded with the General Fund. In 2003, the equipment line items were funded at a lower level to accommodate a lower levy and reduced local government aids. All departments have been required to examine expenditures closely and to allocate funds to their most effective use. The amount necessary for matching funds would come from selected city funds. The AFD has been functioning with 24 sets of tum-out gear, gloves, hoods, boots, and 12 SCBAs. This Personal Protective gear is old and outdated by 10 to 15 years. The Compressor -Cascade System has decreased functionality and is also old and outdated by 10 to15 years. This old and outdated equipment places our firefighting personnel in danger and could adversely effect how an emergency situation is brought under control. With this grant money, the AFD will purchase a new Compressor -Cascade System, a Gas Monitor, a Thermal Imaging Camera, 30 complete sets of Personal Protective gear, 16 SCBAs with spare bottles, and 30 face pieces to provide the maximum protection available to 100% of our firefighters. The Personal Protective gear, SCBAs and Cascade System that AFD will purchase will meet or exceed all of NFPA, OSHA, NIOSH, and ANSI's standards. By having this equipment we will have the potential to increase the department's operational capabilities as a responder to Emergency situations not only in our community but in approximately 40 other communities with whom we do mutual aid. If you received a grant award in the 2002 process, does your No current request relate to your 2002 award? If you answered yes, above, which of the following apply? This request enhances the 2002 award This request continues the 2002 award This request completes the 2002 award Assurances and Certifications PrUA Fnrm 20-76A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Non -Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. https://porta i.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_n umI... 3/27/03 As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (a) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91.616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 6) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title It and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-W) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans https://portal.fema.gov/fi regrant/jsp/fire/print_a pp. jsp?pri nt=true&app_numI... 3/27/03 (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Standard Form LLL Disclosure of Lobbying Activities Attached (This form must be attached to certification if non -appropriated funds are to be used to influence activities.) (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees other than individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; https://portal.fema.gov/firegrant/jsp/fire/print_app.jsp?print=true&app_numI... 3/27/03 (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (a) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e. regional office or FEMA office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (a), and (f). (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street city State Zip Action 11350 57th ST NE ALBERTVILLE Minnesota 55301 -8750 If your place of performance Is different from the physical address provided by you In the Applicant Information, click on Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. Only complete if applying for a grant for more then $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. Form SF-LLL This form is not applicable https://portal.fema. gov/fi regrant/isp/fire/print_app.jsp?print=true&app_num I... 3/27/03 The MountainSter Group, Inc. 7800 Metro Parkway Suite 212 Bloomington, Minnesota 55425 March 5, 2003 Mr. Chad Cichos Assistant Fire Chief City of Albertville 10486 Karston Avenue Albertville, MN 55301 Phone: (9) Far: (9)a) a.)r-weo Web Site: www.mtstar.com Dear Chad, It was nice meeting you over the phone today. I have enclosed some background and informational material on The Mountain Star Group, Inc. We have been in fire code consulting for 15 years and have many years of expertise in the plan review and annual inspections field. Please feel free to give me a call and we can discuss further the services we can provide to the City of Albertville, MN. Sincerely yours, Ryari Bierwerth, EIT, CFPS Fire Protection Specialist Enclosure: 1 Fire • Building The MountainStar Croup, Inc. Technical Team Roster Michael O'Hara, PE Michael is President of MountainStar, with over 20 years of diverse fire protection experience. Michael is a licensed fire protection engineer in the states of Minnesota, Wisconsin, Iowa, Colorado, Arizona, Georgia and California. He has consulted on commercial, industrial, and institutional construction projects and given life safety presentations in the U.S., Canada, and Europe. Michael is also an established author in the fire protection community, with over 15 published works. Michael can be reached at (952) 851-3085 or mohara@mtstancom. Ryan Bierwerth, EIT Ryan joined MountainStar in 1999 and serves as a Fire Protection Specialist. He graduated from the University of Minnesota with a Bachelor of Chemical Engineering degree from the Institute of Technology (IT). He is recorded as an Engineer In -Training (EIT) with the State of Minnesota. Ryan is an Associate Member of the Society of Fire Protection Engineers (SFPE) and has completed several classes offered by SFPE on various topics. Furthermore, he is the Vice President -Elect of the Minnesota Chapter of SFPE. Ryan is also listed as a Certified Fire Protection Specialist (CFPS) with the National Fire Protection Association (NFPA). Ryan can be reached at (952) 851-3085 or rbierwerthna mtstar.com. Ben Foster Ben is a graduate of Oklahoma State University with a Bachelor of Science degree in Fire Protection and Safety Engineering. Ben also holds a degree in Fire Science. He offers a solid working knowledge of design and practical application for a wide range of fire protection systems and techniques. Along with his recent experiences in the private sector of fire protection, Ben brings with him nearly a decade of municipal fire service experience as an emergency responder, and as a certified Fire Inspector. Ben can be reached at (952) 851-3085 or bfoster(o(�mtstar.com. "The MountainStar Group, Inc. reflects the ideals and goals of it's founder Michael A. O'Hara. " INNOVATIVE SOLUTIONS MountainStar provides state-of-the-art consulting on fire and life safety, building, and ADA codes to facility owners and the building design community. The company's philosophy, based on performance oriented concepts, provides for acceptable levels of fire protection based on the building's unique inherent characteristics, function and purpose. The company's expertise in interpreting the intent of the regulations allows for freedom of design and maximum efficiencies in the use of building materials. With guidelines becoming more complex, MountainStar offers equivalencies and alternative methods to restrictive or undefined existing regulations. MountainStar's proven techniques are aided by the company's ability to negotiate to closure the fire safety strategies with the building officials and fire marshals. The firm has handled thousands of fire code negotiations for projects ranging from small retail developments to state-of- the-art warehouse/distribution facilities to collegiate sports arenas and entertainment complexes. MountainStar's strategies and credibility with local fire and building officials has helped clients with a streamlined code review and a thorough presentation to the officials. This experience has proven invaluable on fast track design and construction projects. Minnesota based, MountainStar stays current with all the national building and fire safety codes through participation in organizations such as NFPA, NSFPE, ICBO, and BOCA. With a combined 75 years of experience, our professionals have particular expertise in corporate, institutional, commercial and public assembly building projects. Founded in 1988, the headquarters are in Bloomington, Minnesota. J a 14 V Z i FIRE SAFETY FROM DESIGN TO CONSTRUCTION Your Fire Safety plan plays a key role in minimizing losses. MountainStar will assist city, state and federal agencies in the crucial pre -planning, engineering, fire risk assessments, code evaluations, and ordinance development. We'll review even the most complex of projects, provide solutions and keep you apprised of the latest industry updates. DESIGN AND PLANNING ASSISTANCE A Fire Protection Plan Review A Fire Smoke Management A Hazardous Materials A� Sprinklers Construction Type Egress And Exiting A Interior Finishes A, Fire Department Planning A, Fire Alarm And Detection A, Thorough Penetrations A, High Piled Storage A Building Materials A Emergency Planning A Fire Fighting Equipment Specification A New Technologies Or Process Evaluation CODES AND STANDARDS A Uniform Building Code A. Uniform Fire Code NFPA Code And Standards A Insurance Guidelines Model Code And Standards A, ISO/CRS Rating Schedules ASTM A,SFPE The Fire Life Safety Consultant You Choose Makes A Difference! "MountainStar has been a valuable resource when addressing difficult code Issues in new construction. Their knowledge of fire and building codes has given me the "comfort edge" when the Certificate of Occupancy 1s Issued." Pau[ Kaiser Fire Af—hal Mendota Heights. MN Call MountainStar — your experts in innovative solutions. "MountainStarprovides responsible design choices via innovativefire life safety „y solutions and regulatory guidance by pioneering transfer and application ofpmven state-of-the-artfreprotection technologies." MOUMAINSTAR • 7800 METRO PARKWAY, SUITE 112 • BLOOMINGTON, MN 55425 USA • (6121 RAI -3085 FAX 16H1 an..tnas —a ........a.-::-:. 0 Z Q EFFECTIVE TRAINING IS THE FIRST STEP TOWARD SUCCESS. Employee and management buy -in is crucial to the success of any Fire Life Safety program — from prevention to response. Our practical seminars and training programs keep you up-to-date on current and future trends, and help you manage your fire life safety plan every step of the way. Our seminars are state-of-the-art, full of real world coping strategies and backed by a staff with over 60 years combined industry experience. TOPICS COVERED INCLUDE: A Fire Risk Assessments A Computer Fire Models A Hazardous Materials "MountairtStar's training A Emergency Planning is excellent. Their extensive A Sprinklers A Detection Systems knowledge and presentation A Exiting A Fire Smoke Management skills delivered concise and A Smoke Venting And Control � Life Safety Codes useful information:' A NFPA Codes And Standards A Model Fire Building Codes tee SI—A— P-nd— A ADA FmNet Systems A CleanRooms A High Piled Storage The Fire Life Safety Consultant You Choose Makes A Difference I Call MountainStar—your experts in innovative solutions. Coping strategies for the real world. "MountainStarprovides responsible design choices via innovalivefirs life safety solutions and regulatory guidance by pioneering transfer and application of proven state-of-the-art fire protection technologies." MOUNTAINSTAR • 7800 METRO PARKWAY, SURE 112 • BLOOMINGTON, MN 55425 USA . (612) 851-0085 FAX (612) 851-7086 EMAIL msta @pclink..om M I C H A U D C O O L E Y E R I C K S O N E N G I N E E R I N G S 0 L U T 1 0 N S MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS FIRM OVERVIEW Founded in 1946, Michaud Cooley Erickson (MCE) is the largest mechanical and electrical consulting engineer- ing firm in the Twin Cities Metropolitan Area. With a staff of more than 120, we are also among the largest M/E consulting firms in the United States. Since its inception, Michaud Cooley Erickson has provided the personal service essential for establishing and maintaining positive, long-term relationships with clients such as Abbott Northwestern Hospital, American Express, Metropolitan Airports Commission, Imation, Minnesota Life, Target, The St. Paul and Woodwinds Hospital. Our ultimate goal is to achieve the highest level of technical quality. We adhere to schedules and budgetary constraints while meeting the environmental, aesthetic and functional require- ments of a project. In addition to confirming that mechanical, electrical, illumination and other special systems are properly designed and constructed, we can readily provide the information clients need to run and maintain these systems. Our services include designing mechanical, electrical, lighting, energy management and special systems, includ- ing security and fire protection, for corporate, high tech, institutional, public, retail and commercial buildings. Services Provided Mechanical Heating and Air Conditioning Ventilating Refrigeration Sprinkler Systems Fire Protection Systems Central Heating/Cooling Plants Solid Waste Energy Recovery Industrial Exhaust Systems Process Piping Cogeneration Systems Plumbing Systems Building Automation Systems Data Processing Facilities Energy Power and Fuel Usage Analysis Building System Evaluations Energy Conservation Programs Energy Design Standards Use of Alternate Fuels/Systems Program Analysis Program Implementation Energy Systems Retrofitting Load Shedding Power Factor Correction Energy Management Research Central Utility Plants Total Energy Systems School Energy Utilization Systems Solid Waste Energy Recovery Utility and Site Distribution Building and Energy Use Solar Heating/Cooling Studies Master Automation Programs Economic Feasibility and Analysis Electrical Architectural Lighting Environmental Monitoring Systems High Voltage Distribution Interior Building Wiring Interior Lighting Lighting Control Dimming Systems Low Voltage Systems Outdoor Lighting Power Quality Surveys Special Grounding Systems UPS Systems Special Systems Sound/Communications Systems Audiovisual Presentation Systems Building Security Systems Business Intercom Systems Electronic Access Control Systems Entertainment Sound Systems Fire Alarm and Detection Systems Interactive Video Systems Jail Locking Control Systems Master Antenna Systems Master Clock Systems Music Sound Systems Noisemasking Sound Systems Paging Sound Systems Perimeter Fence Detection Systems Satellite Receiving Antenna Systems School Sound and Intercom Systems Sound Reinforcement Systems Video Messaging Systems Special Services Commissioning Contract Documents Contract Negotiation & Compliance Master Planning Material Specifications Operating Procedures On -Site Inspection Shop Drawing Evaluation FIRE PROTEcnoN AND DETECTION DESIGN PAGE I MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS Abbott Northwestern Hospital Minneapolis, MN Lobby Fire Rating Upgrade Investigation of Fire Pump Test Data Willow Street Fire Alarm System Review Piper Building - Sixth Floor Fire Protection Review ADC Telecommunications Bloomington, MN Shakopee, MN Fire Alarm Design BCG Facility Fire Protection Allianz Life Corporate Headquarters Golden Valley, MN Security/Fire Command Center Fire Alarm Radio System American Express Minneapolis, MN Client Services Center Fire Protection Inspection Accenture Minneapolis, MN Data Center Expansion Fire Suppression System Anderson Corporation Bayport, MN Fire Alarm and Paging System Assembly Plant Fire Modeling and Smoke Heat Ventilation Aveda Minneapolis, MN Fire Protection Consulting RELEVANT PROJECTS Burnsville Center Burnsville, MN Smoke Evacuation and Fire Alarm City of Minneapolis Minneapolis, MN New Fire Station Deluxe Corporation St. Paul, MN Network Communication Room Fire Protection Analysis Fairview University Medical Center Minneapolis, MN East Building New Intelligent Fire Alarm System Rehabilitation New Intelligent Fire Alarm System West Campus New Fire Alarm System Federal Reserve Bank Minneapolis, MN Fire Alarm Fire Drill Requirement HB Fuller St. Paul, MN Lab 1 Fire Alarm Hennepin County Government Center Minneapolis, MN Fire Protection System Hennepin County Medical Center Minneapolis, MN Buildings A, B and C Fire Sprinkler Analysis Fourth Floor Prenatal Fire Sprinkler Sixth Floor Cardiology Fire Sprinkler Fire Alarm Upgrade (1996) Infrastructure Fire Protection Infrastructure Fire Alarm System Infrastructure Door/Firewall Honeywell Minneapolis, MN Fire Alarm Fire Alarm Fan Shutdown Hub Tower Des Moines, IA Report on Fire Alarm System Hubert H. Humphrey Job Center St. Paul, MN Fire Alarm Upgrade IDS Center Minneapolis, MN Fire Alarm Replacement Imation - St. Paul, MN Mercury Building Fire Alarm Code Review Imation Camarillo, CA Camarillo Building Fire Alarm Analysis FIRE PROTECTION AND DETECTION DESIGN PAGE 2 MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS Medtronic Minnesota - Multiple Locations Promeon Facility Fire Alarm Upgrade Rice Creek Data Center Fire and Life Safety Systems Metropolitan Airports Commission St. Paul, MN Fire Station Sprinkler and Fire Alarm Fire Rescue Station Remodel Milwaukee Federal Building Milwaukee, WI Fire Alarm Testing Northwest Airlines St. Paul, MN Hanger 2A Fire Protection Investigation Pillsbury Center Minneapolis, MN Fire Alarm Review and Upgrade Prudential Plymouth, MN NCPO Facility Gas Fired Heater - Loading Dock NCPO Facility Fire Alarm Study NWBC Facility New Fire Alarm/Life Safety Regions Hospital St. Paul, MN 1996 Fire Alarm Upgrade Buildings 1,2,3 and S Fire/Smoke Damper Installation RELEVANT PROJECTS Raven Inc. St. Paul, MN Fire Protection and Detection System The St. Paul St. Paul, MN Data Center Fire Suppression System Parking Ramp Fire Alarm Upgrade PBX and RJE Rooms Fire Protection Building 4 Fire Alarm Server A Fire Protection Server B Fire Protection Retrofit St. Peter Security Hospital St. Peter, MN Fire Protection Observation Save A Lot Hammond, LA Fire Protection Star Tribune Minneapolis, MN Fire Protection Structural Review SuperValue Oglesby, IL Logistics In Rack Fire Phase II Tacoma, WA Fire Modeling Draft Curtain University of Minnesota Twin Cities Campuses - Minnesota Coffey Hall Fire Protection and RA Study Kolthoff Hall Fire Sprinkler Study Building 412 Fire Protection System Renovation Residence Hall Fire Protection Review US Bank St. Paul, MN Pioneer Endicott Block Fire Alarm Gas Fired Water Heater Boise, ID Fire Alarm Study Portland, OR Columbia Center Fire Alarm System Design Wells Fargo Minneapolis, MN Operations Center New Fire Alarm System Computer Room Fire Protection Tape Library Fire Protection RRE PRoTECnON AND DETECnON DESIGN PAGE 3 MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS PROJECT PROFILES IDS Tower Minneapolis, Minnesota Engineering services were provided to replace the original and existing fire alarm system in the IDS Center. The Center occupies an entire city block and includes the IDS Tower Building, the Marquette Hotel, the below grade parking garage area and all retail spaces. The services pro- vided included providing a written request for proposal presented to the preapproved fire alarm contractors, assistance in the contractor interview sessions, meetings with the City of Minneapolis Fire Prevention Bureau to coordinate requirements for the upgrade project, smoke control opera- tion coordination with the engineers, contractors, and the owners repre- sentatives, redesign of the existing fire command center and final review of the system design. Hennepin County Medical Center Minneapolis, Minnesota The Hennepin County Medical Center consists of a multi -building cam- pus located in downtown Minneapolis. The existing fire alarm systems were individual, multi -manufacturer, hardwired and addressable. Individual fire suppression systems were also located throughout the campus buildings. These systems were often difficult to locate and the reliability of reporting alarm signals was inadequate. NICE was contract- ed to begin a campus retrofit and upgrade of the existing fire alarm sys- tems to allow individual buildings to connect to a local fire alarm net- work. New fire alarm panels, peripheral devices, new wiring were installed and testing performed following a competitive bid process, contractor interview and bid analysis. The project was started in 1994 and completion is expected in 2002. Furthermore, Michaud Cooley Erickson worked diligently with HCMC to establish priorities for future fire alarm system improvements and additions related to facility and smoke boundaries for each building. r®I' FIRE PROTECrION AND DETEMON DESIGN PAGE 4 MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS PROJECT PROFILES Federal Building and US Courthouse Milwaukee, Wisconsin When the Milwaukee U.S. Courthouse and Federal Building was erected in 1897, concepts of fire detection and protection were quite different from today's stringent standards. After undergoing several expansions and remodeling upgrades to the original structure. In order to assess the efficiency of the life safety systems within the building, Michaud Cooley Erickson was brought on board to conduct extensive examina- tions of fire alarm and sprinkler devices, and evaluate their functionality. Extensive commentary was provided for all of the 491,000-foot facility's life safety systems in a detailed report compiled by MCE engineers. Hennepin County Sheriff Department Radio Station Golden Valley, Minnesota The existing facility in Golden Valley, Minnesota consisted of a 24,000 square foot multi -level building. The City of Golden Valley received inspection notices from the Golden Valley Fire Department, identifying specific fire code issues that required attention. The County requested a fire protection study be performed for the building. The specific areas to be survey included the following: 1. Exiting and exiting signage 2. Existing garage ventilation 3. Fire sprinkler system 4. Temporary wiring (extension cords) 5. Existing fire alarm system 6. Illuminated exit signage 7. Fire rated construction A building walk-through was performed with Hennepin County and building personnel. Existing conditions were observed, documented and photographs taken. Also, building personnel commented on their personal systems experi- ence. A final report was prepared and presented to Hennepin County. FIRE PROTECnoN AND DETECnON DESIGN PAGE 5 MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS PROJECT PROFILES University of Minnesota Minneapolis, Wisconsin Resident Halls and Student Living Fire Protection Project Responding to recent tragedies occurring at various American universi- ties, legislation was introduced by the state of Minnesota to update the fire protection systems of state-owned university resident halls and stu- dent living facilities. Introduced into the state legislature this session was a bill aimed at employing updated fire alarms and sprinkler systems within these facilities. Consequently, Michaud Cooley Erickson was asked by the University of Minnesota to provide a survey of the U of M resident facility fire protection and fire alarm systems. The survey included providing cost estimates to fully sprinkler and upgrade fire alarm systems. Our survey detailed the efficiency levels of the fire pro- tection systems of eight student resident halls and three student -housing units, including Territorial, Comstock, Centennial, Frontier, Pioneer, Wilkens, Middlebrook, Bailey halls and Pillsbury Court, Commonwealth and Como Married. The St. Paul St. Paul, Minnesota The St. Paul owns two (2) office towers in downtown St. Paul, Minnesota and a data center building and printing facility in Woodbury, Minnesota. Michaud Cooley Erickson fire alarm specialists were enlist- ed by The St. Paul to provide a design for a complete replacement of the existing Gamewell fire alarm system and provide a design for network- ing the remote data center fire alarm system to the security monitoring station located in one of the downtown office towers. Complete project specifications and drawings were provided for the demolition and con- struction drawings for the replacement system and the remote monitor- ing on a computer terminal with color graphic software. University of Minnesota St. Paul, Wisconsin Classroom/Office Building 412 This building consists of five floors and an attic for a total of 139,000 square feet. The building provides office space for many departments and has several classrooms including three lecture halls and a student lounge. MCE was contracted to design and monitor the retrofit of an automatic sprinkler system for the existing building which stayed operational during construction. This included meeting with University maintenance personnel and code officials, designing the sprinkler pipe and head layout, performing hydraulic calculations, and generating construction documents and specifications. During the construction phase, NICE reviewed contractor shop draw- ings and provided field observation of the installation. ®' FIRE PROTECTION AND DMMC-MON DESIGN PAGE ti MICHAUD COOLEY ERICKSON ENGINEERING SOLUTIONS PROJECT PROFILES Federal Reserve Bank Minneapolis, Wisconsin The new 777,000 square foot Federal Reserve Bank was constructed in 1996. As the project engineer, MCE developed construction documents for several different fire protection systems including wet sprinkler, dry pipe sprinkler, double interlock preaction sprinkler, FM-200 gaseous sup- pression and early warning fire detection systems. MCE is also involved with ongoing remodeling projects at the Federal Reserve Bank. Minneapolis City Hall St. Paul, Minnesota Mechanical Life Safety Upgrades The Minneapolis City Hall building, originally constructed in 1906, is the site of on -going mechanical life safety system upgrades. As the proj- ect engineer, MCE is responsible for designing the new sprinkler sys- tems being retrofitted into areas that currently do not have fire protec- tion and creating provisions for future sprinkler systems. In 2001, the city council chambers were restored to their 1923 appear- ance. MCE closely coordinated sprinkler piping and head locations with the other ceiling mounted equipment in order to minimize their obtru- siveness and maintain the appearance of the room. This project was recently awarded The Minneapolis Heritage Preservation Commission's "Rehabilitation 2002 Preservation Award." ®' PAGE 7 ®� MRE PROTEC770N AND DECECI7ON DESIGN 6 C/) i3 III 1A l 0 CANNW pitm., Tin cAdowilk Pwft werbs SUPWvbw HAIML ApG4#200 SUBJRC : work#%pulmahl - hang" Report i —AficitymbellmhavabsoaxwepLWntherpom3iningwewMbqonawksuding the vm* of Ap 214a, PARKS - Mw skaftboodpok equipnent, along with additional havx bem WsWkd at the City PsrL The Umb WO at Om and Four Seasons Pob base bey msWW. We byre ban and OWApo and hopecdoes at an do parkL I throe Cp? quoks fw portable, seat mom this yew. Portable Plus Sanitedw had the bwea bid along with one odwr oom4my. I chose to stay with PombW Phes. T`he red room dmould be instafled thus week. We hoc fiAdwd buildwS out utihhj►t ndw and bove beg= Scuing out lawn mommume q klm Put ready r the sessm t V".8 Akv, 941 "FIVI! to T(k MIWW and City Gsadcil FROM: Jobs Middendotrf„ Wutrwatle ' DepSPtR+�t DATE: Apr§4,290 S .t:T; W ft Tr�a ftwat F Report I arm 00nb=Wg to work vft Fergus Power Punip on sludge removal. At the C44MCH numft I was asked to see how much the grid would change if we d1ow to do I= than 2.5 million: gallons. Mitch with Fergus Power said that the prime was goad dawn to one milli gallons. My reoorruararnr atioa is to wait this year, since there is no money budgeted for sludge nmaa�►al.Budget ,# t should do a million in 2004 and: in 2005. By20106 thrx+s be to do million gallons. The rood beds d be by then and we could dw ponds and remove all the sludge. i As Tms and I have mentioned in the past, we are looking to purchase an additional pickup. This would be a 1 ton 2 wheel drive with a utility body. I have two prices on the trUCk and two prices for the utility body. Truck q :'� NinCkley Chevrolet $17,123 State Bid Gould Bros Chevrolet $23,572 Utility Boar: ABM F4,uipmot and supply $ 9,342 State Bid CryMel Truck Equipment $ 9,875 I will be a#mdb* thel April 7* City Council meeting to explain in more detail or to seswa;and my hm M, ill i i f, 3535 Vadnals Center Drive, St. Paul, MN 55110-5196 651.490.200t architecture engineering environmental March 28, 2003 Honorable Mayor and Council Members City of Albertville 5975 Main Avenue P. O. Box 9 Albertville, MN 55301 Dear Honorable Mayor and Council Members: 501(d) RE: Albertville, Minnesota Towne Lakes Phase U SEH No. A-ALBEV0301.00 The Technical Evaluation Panel (TEP) has reviewed the Wetland Replacement Plan application for the Towne Lakes Phase II Development as required under the Minnesota Wetland Conservation Act (WCA). The original application was submitted on February 12, 2003 and the TEP had additional comments on the development and .replacement plan. A subsequent addendum to Wetland Replacement Plan application was submitted on March 17, 2003. This addendum was reviewed and moved through the approval process by the TEP. Upon TEP review, several issues still needed to be addressed including the following conditions for City Council approval of the Replacement Plan. The TEP has reviewed the revisions and approves the Replacement Plan application with the following conditions: 1. That an NPDES permit for construction sites be obtained and BMPs be implemented on the site. 2. That a performance bond or other surety in the amount of not less than $30,000 be held by the City and reserved specifically to guarantee the successful completion of the wetland replacement as is now required under WCA (8420.0530, Subpart B2). 3. A Contractor's Responsibility and Landowner's Statement Form be completed and copied to the TEP (8420.02990, Subpart 6). 4. A Declaration of Restrictions and Covenants for the Replacement Wetlands be completed and copied to the TEP (8420.0530, Subpart D6). 5. That Mitigation Area M1 be constructed to provide water depths no more that 2 to 3 feet during normal precipitation conditions. 6. That signage stating "Wetland Mitigation Area" or similar to keep wetland buffer areas of mitigation sites natural as required under WCA be posted. Short Elliott Hendrickson Inc. Your Trusted Resource Equal Opportunity Employer Honorable Mayor and Council Members March 28, 2003 Page 2 Items I through 4 must to be completed prior to any wetland impacts occurring on site as a condition of this approval. Item 5 must be completed as part of the construction. Item 6 must be completed subsequent to the completion of the construction of the mitigation areas and seeding of the buffer areas. If you have any questions or comments, please feel free to contact me. Sincerely, SHORjY`I3LLIOTT HENDRICKSON INC. �CC d Udvig f Senior Wetland Scien sah c: Lynda Peterson, BWSR Colleen AIlen, WSWCD Patty Fowler, MnDNR John Heibert, MnDNR x:laeePoevA30tOpao,vapomieixxYneyoA328.cbc City of Albertville P.O. Box 9 Albertville, Minnesota 55301 NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: Contractor Pronertv Developers Company Application Number: 002 Type of Application (check one): ❑ Exemption Decision ❑ No Loss Decision X Replacement Plan Decision ❑ Banking Plan Decision Date of Decision: 3/28/03 Check One: ❑ Approved X Approved with conditions ❑ Denied List of Addressees: Landowner @ CPDC Mr. Dave Hempel Suite 108, 7100 Northland Circle Brooklyn Park, MN 55428 Members of Technical Evaluation Panel @ Ms. Colleen Allen Wright County SWCD 306C Brighton Avenue Buffalo, Minnesota 55313 Ms. Lynda Peterson BWSR One West Water Street, Suite 200 St. Paul, Minn. 55107 Mr. John Hiebert MnDNR 7372 State Highway 25 SW Montrose, MN 55363 DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Ms. Linda Fisher Larkin, Hoffman, Daly, and Lindgren, Ltd 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, Minnesota 55431 You are hereby notified that the decision of the Local Government Unit on the above -referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: [LOCAL GOVERNMENT UNIT] March 31 2003 By: Todd Udvig Title: Senior Scientist WAALLFORMSWotice of WCA decision.doc March 13, 2002 y 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone Graven (612) 337-9310 fax C H A R T E R E o http://www.kennedy-graven.com Robert J. V. Vose Attorney at Law Direct Dial (612) 337-9275 Email: rvose@kennedy-gmven.com December 31,; 2002 Linda Goeb City Administrator City of Albertville 5975 Main Avenue P.O. Box 9 Albertville, MN 55301 Re Cable Franchising Matters Dear Ms. Goeb: Enclosedplease find: 1. Kennedy & Graven Report to the City of Albertville; 2._ Cable Regulatory Ordinance;` 3. Resolution Conditionally Approving Renewal Request by Charter Communications and Franchise Application by FTTH; 4. Charter Franchise Ordinance 5. FTTH Franchise Ordinance Among other issues, these documents' would require Charter to continue serving areas it currently serves and require FTTH to serve Towne Lakes. However, neither company would be required to extend service beyond these parameters. The competitive market would dictate future system extensions. This matter is a fairly complicated and the enclosed documents address numerous issues. Please let me know when the Council will consider this matter. I will plan to attend the meeting. In addition, I will be happy to discuss any questions at your convenience. Very truly yours, Q Wv�A, v / Robert J. V. Vose RNIE) Enclosures cc: Mike Couri, Esq (wl enclosures) RJV-225490v1 AL141-35 Robert J.V. Vose 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9275 telephone (612) 337-9310 fax rvose(a-),kennedy-Qraven.com http://www.kemedy-graven.com CHARTERED . REPORT TO THE CITY OF ALBERTVILLE CONCERNING: CABLE FRANCHISE APPLICATION OF FTTH COMMUNICATIONS, LLC FRANCHISE RENEWAL REQUEST BY CHARTER COMMUNICATIONS HOLDING CO. LLC DECEMBER 31, 2002 RJV-221892v4 ] AL141-35 I. BACKGROUND This Report is submitted to the City of Albertville ("City") by the City's special legal counsel, Kennedy & Graven. The information in this Report is based on information contained in City files, the franchise applications, written comments, correspondence or other information submitted by the applicants, information provided during discussions with representatives for the applicants, and certain publicly available information.' The City initially authorized cable service in the community pursuant to a "line extension permit" dated May 6, 1985 and issued to Rite Cable Company of Minnesota, Ltd.2 Ownership of the local cable system has changed several times since 1985. Charter Communications Holding Co, LLC ("Charter") currently provides cable service in the City and serves approximately 800-1000 customers. The line extension permit incorporates the terms of the franchise ordinances issued by the member municipalities in the Sherburne/Wright Counties Cable Commission. The Cable Commission's member. municipalities (Buffalo, Rockford, Cokato, etc.) are in close proximity to the City. The City's permit expires simultaneous with the Cable Commission franchises. The franchises were recently extended and expire on December 31, 2002. Charter's predecessor requested that the City renew the permit or issue a franchise. Contractor Property Developers Company ("CPDC") is developing the Towne Lakes residential development in a portion of the City. In the future, Towne Lakes may also extend into the City of Otsego. CPDC advised the City that Towne Lakes' amenities will include a communications network serving the development. CPDC intends to provide cable, telephone and other communications services over this network in competition with the incumbent providers that may also serve the development. CPDC is constructing several similar "connected community" developments in the metropolitan area including the Evermoor development in the City of Rosemount. CPDC formed FTTH Communications, LLC ("FTTH") to provide communications services in its developments. FTTH requested that the City issue a franchise authorizing the provision of cable service in Towne Lakes. In response to these events, the City published notice of its intent to consider issuance of cable franchise(s) and established a cable franchise application form. FTTH timely applied for cable franchises and paid $7500 application fees to offset the City's expenses. Charter's predecessor asserted rights under Section 626 of the federal Cable Act which limits the grounds upon which the City may refuse to renew a franchise. Charter asserts ' For example, we have reviewed information available on the web concerning the applicants and certain of their affiliates. 2 Municipalities typically regulate cable service under Minnesota Statutes Chapter 238 pursuant to a cable franchise ordinance. Alternatively, Chapter 238 allows a municipality to authorize the extension of a cable system from neighboring municipality pursuant to a permit which incorporates certain terms contained in the neighboring municipality's franchise. RJV-221892v4 AL141-35 that it cannot be required to file a franchise application based on its federal franchise renewal rights. We have not reached a conclusion regarding this assertion. However, we have proceeded with consideration of Charter's renewal request because the City is not seeking to terminate Charter's operations in the City and because discussions with Charter indicate that the company will accept terms and conditions acceptable to the City. The Council held a public hearing on December 17, 2001 to consider the application and Charter's renewal request. Finally, it is important to note that the delivery of telecommunications service is regulated by the Minnesota Public Utilities Commission ("MPUC"). FTTH has applied for the necessary authorization to build and operate communications networks as a competitive local exchange company ("CLEC"). Pursuant to Minnesota law, CLECs fundamentally may provide competitive telephone service in territories selected by the CLEC. The MPUC Chas no authority to regulate cable service under Minnesota law. Municipalities regulate cable television services pursuant to cable franchise ordinances. II. -SUMMARY For convenience, we have prepared a single report concerning FTTH's franchise application and Charter's renewal request. This is not a competitive process. The City is prohibited from granting an exclusive franchise and may grant both FTTH's application and Charter's renewal request. The City recently concluded that Charter is qualified to provide cable service in the City. There is no reason to reconsider this conclusion in evaluating Charter's franchise renewal request. As discussed below, the City may also conclude that FTTH is qualified. The City may enact an appropriate regulatory ordinance and may require that the companies accept reasonable franchise terms and conditions. Therefore, the City Council must evaluate FTTH's and Charter's service proposals and determine whether they meet the community's interests. Of note, Charter seeks to serve the entire City to the extent there is a sufficient density of potential customers in a given area, while FTTH seeks to serve -the Towne Lakes development. We have prepared a regulatory ordinance that contains general requirements applicable to all cable service providers. This approach will accommodate cable competition in the City. We have also prepared individual proposed franchises for the companies. The companies provided comments and separately participated in negotiations concerning these documents. The documents have been revised several times to incorporate the companies' concerns. III. ANALYSIS 1. Cable Franchising RJV-221892v4 AL141-35 Cable service is regulated under federal, state and local law? Federal cable policy is established in the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (the "Cable Act"). The Cable Act requires a cable operator to obtain a franchise to provide cable service.4 A primary purpose of the Cable Act is to "promote competition in cable communications."' Municipalities may not grant an exclusive franchise and "may not unreasonably refuse to award an additional competitive franchise." In addition, unlike many states Minnesota has a comprehensive state statutory scheme governing cable systems and service! Minnesota law also encourages competition in the provision of cable service! For example, Minnesota law contemplates the franchising of a competitive cable provider within an area where cable service is already provided.9 Minnesota municipalities must require a franchise "of any cable communications system providing service within the municipality."10 A "cable communications system" is broadly defined as "a system which operates the service of receiving and amplifying programs... and distributing those programs by wire, cable, microwave or other means, whether the means are owned or leased, to persons who subscribe to the service."" In sum, Minnesota's cable franchising laws encompass a wide range of communications systems and plainly cover the Charter and FTTH systems.12 However, Minnesota municipalities are explicitly authorized to exempt a system that serves fewer than 1000 residents from the definition of "cable communications system" and the obligations of Chapter 238.13 Because Minnesota law cannot supercede the Cable Act, a system may only exempted from the unique requirements of Minnesota's cable s 47 U.S.C. § 521 et seq.; Minn. Stat. § 238.01 et seq. 447 U.S.C. § 541(b). s 47 U.S.C. § 521(6). 6 47 U.S.C. § 541(a)(1). Minnesota Statutes, Chapter 238. $ See e.g., Minn. Stat. § 238.01; In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 648 (Minn. App. 1999). 9 Minn. Stat. § 238.084, Subd. 1(d) and § 238.08, Subd. 1(b). 10 Minn. Stat. § 238.08, Subd. 1(a). Cable franchises must be enacted as ordinances. Minn. Stat. § 238.081, Subd. 7. " Minn. Stat. § 238.02, Subd. 3. Moreover, under Minn. Stat. § 238.03 the Minnesota cable franchising regime applies to: ... every cable communications system and every cable communications company as defined in section 238.02, operating within the state, including a cable communications company which constructs, operates and maintains a cable communications system in whole or in part through the facilities of a person franchised to offer common or contract carrier services. 'Z The Minnesota legislature clearly stated an intent to authorize local franchising of cable service, cable systems and cable operators. See, Minn. Stat. § 238.01. 13 Minn. Stat. § 238.02, Subd. 3 (a system which serves fewer than 1,000 subscribers may be exempted "if the governing bodies of all political subdivisions served by the system, vote, by resolution, to remove the system from the provisions of this chapter."). RN-221892v4 AL141-35 laws. A Minnesota municipality cannot exempt a system from Cable Act requirements including the federally imposed franchise requirement. A municipality may limit its award of a franchise to a "responsible cable operator," but the incumbent cable operator cannot secure a monopoly by challenging the grant of a franchise to a competitor.14 Moreover, municipalities have broad, inherent authority to protect local interests and decide matters of local importance such as cable franchising." A municipality is not obligated to issue a single franchise, let alone multiple franchises.16 Accordingly, a municipality may require a cable franchise applicant to accept reasonable franchise terms and conditions, and may impose appropriate ordinance requirements. Minnesota law details the cable franchise application process." The application process requires an applicant to submit information detailing legal, financial, technical and other qualifications.]$ The municipality may review and consider the legal financial, technical, and other relevant qualifications of the applicants.19 Where an applicant submits a completed franchise application, any subsequent municipal decision should be based on substantial evidence.20 Of course, a municipality may require additional information or commitments from the applicant to further support any decision. The decision whether to grant or deny the franchise applications is quasi-judicial." The courts may only reverse such decision if it is arbitrary and capricious.22 A decision supported by substantial evidence will not be arbitrary and capricious.23 The meaning of "substantial evidence" in this context is well defined and generally means "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."24 Some cable operators have used the franchising process to attempt to slow or stop competition.zs 14 1n re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 647-8 (Minn. App. 1999)(holding that an incumbent cable operator does not have "standing" to contest a municipality's decision to grant a second franchise). " Minn. Stat. § 238.08; Honn v. City of Coon Rapids, 313 N.W.2d 409, 414-15 (Minn. 1981); See also, In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 647-8 (Minn. App. 1999) (citing Honn). 16 As noted above, Charter may have certain franchise renewal rights under federal law that limit the City's ability to deny a franchise to Charter. In addition, the City may not "unreasonably refuse" to grant a competitive franchise. " Minn. Stat. § 238.081. 18 Id. 19 47 U.S.C. § 541(a)(4)(C); Minn. Stat. § 238.081, subd. 4. 20 See, In re Application of Dakota Telecommunications Group, 590 N.W.2d at 648. 21 1n re Application of Dakota Telecommunications Group, 590 N. W.2d at 648 (Minn. App. 1999). 2z Id.; Dokomo v. Independent School District No. '11, 459 N.W.2d 671, 675 (Minn. 1990). 23 In re Application of Dakota Telecommunications Group, 590 N. W.2d at 648; see also Union CA TV v. City of Sturgis, 107 F.3d 434, 441 (6d Cir. 1997)(recognizing considerable deference granted to city council in granting or denying cable franchise). 24 Cable Communications Board v. Nor -West Cable Communications Partnership, 356 N.W.2d 658, 668-9 (Minn. 1984). " Triax v. City ofNashwauk, C9-98-551 (Minn. App., December 15, 1998)(holding that cities musi strictly comply with the procedural franchising requirements of state law). RJV-221892v4 AL141-35 Finally, any successful franchise applicant must indemnify the municipality.26 A municipality will not be liable for monetary damages associated with its decisions on the applications.27 2. Legal, Technical, Financial and Other Oualifications The City has not previously evaluated FTTH's legal, technical and financial qualifications for purposes of cable franchising. We evaluate the company's qualifications below. For several reasons we have not evaluated Charter's qualifications for purposes of this report. First, Charter is publicly traded (CHRT) and is one of the largest cable operators in the US with operations nationwide. Charter was founded and is controlled by Microsoft co-founder Paul Allen who has significant financial resources. This suggests that Charter is well qualified to operate a cable system in the City. In addition, Charter acquired Bresnan Communications in 1999. Bresnan had been providing cable service in the City. The City approved the transaction on December 20, 1999 after reviewing the proposed transaction and considering Charter's legal, technical and financial qualifications. The City has not subsequently identified concerns related to Charter's qualifications. Finally, to the extent Charter has valid franchise renewal rights under the Cable Act, the City's ability to deny franchise renewal based on Charter's qualifications is limited. However, it is worth noting that in 2002 a federal grand jury was convened to review Charter's accounting practices. Particularly, Charter's accounting of labor costs and subscriber counts has been questioned. Moreover, Charter shares are trading at their lowest level since the company's initial public offering in late 1999. Charter's share value has dropped largely due to concerns about its debt load which totaled $17.6 billion in long-term debt as of June 30, 2002. The City has not re-evaluated Charter's qualifications based on these developments. a. Legal Qualifications. FTTH submitted an application for grant of a nonexclusive cable television franchise. FTTH is a Minnesota limited liability company qualified to do business in Minnesota. Moreover, FTTH has received conditional CLEC authority from the MPUC. There are no legal barriers to FTTH's provision of cable service as proposed. b. Financial Qualifications. " Minn. Stat. § 238.084(i). Z' 47 U.S.C. § 555a. RJV-221892v4 AL141-35 The financial qualifications standard refers to an applicant's ability to initially construct and operate the proposed system. State and federal law do not provide guidance on how a franchising authority is to evaluate the financial qualifications of a cable franchise applicant.28 However, the Minnesota Court of Appeals has considered a municipality's appropriate role in reviewing the financial qualifications of a cable franchise applicant, stating: Although we agree [the applicant's] prospective financial status does not necessarily guarantee future success, the Cable Act does not require such a guarantee. Citations omitted. Because the city properly focused on [the applicant'sl ability to construct and initially perate its proposed system, we conclude it sufficiently considered substantial evidence of [the applicant's] financial condition.29 In sustaining the city's review, the Court of Appeals noted that the city examined the applicant's capital resources and financing plans, and required the company to furnish a substantial performance bond, and a corporate guarantee the performance of its subsidiary's obligations." This analysis is consistent with the criteria used by the MPUC in evaluating the financial worthiness of new telephone companies. The MPUC is solely responsible for granting authorization to construct and operate local exchange and competitive local exchange telephone service.31 The MPUC may only authorize a new telephone provider in the event the applicant possesses the technical, managerial, and financial resources to provide the proposed services.32 The MPUC's criteria to determine whether an applicant is financially qualified is the extent to which the applicant's cash reserves and cash equivalents are adequate to meet the start-up costs and expenses.33 The long term likelihood of profitability is not reviewed. FTTH indicated that the system would be financed by CPDC. FTTH provided no financial information supporting its application. In relation to the FTTH franchise application submitted to the City of Rosemount, we reviewed certain financial information that FTTH marked as "trade secret." Specifically, we reviewed consolidated financial statements and other financial information for Scherer Bros. Lumber Co. and its subsidiaries, including its wholly -owned subsidiary CPDC, for years ended March 31, 2001 and 2002. We also reviewed a consolidated income statement for CPDC for the 9 months ended December 31, 2001, and a balance sheet for CPDC for the year ended December 31, 2001. We have not conducted a thorough analysis of the financial status of FTTH, CPDC, or Scherer Brothers for purposes of this franchise application. The non-public financial 281n re: App ofDTG, 590 N.W.2d at 648. " Id. (emphasis added). 30 Id. 31 Minn. Stat. § 237.16, Subd. 1. 32 Id. 33 Minn. R. 7812.0300, Subp. 3(D). RJV-221892v4 AL141-35 information we reviewed in relation to the Rosemount application suggests that CPDC has significant assets but is also heavily leveraged. However, based on the regulatory oversight already provided by the MPUC, and the MPUC's approval of FTTH's financial qualifications for purposes of CLEC certification, we do not believe that the City needs to conduct a comprehensive analysis of FTTH's financial qualifications. FTTH has obtained MPUC authorization to construct a phone network in Towne Lakes and certain neighboring areas subject to the City's permitting requirements. FTTH has completed construction of a substantial portion of this network pursuant to such MPUC authorization. The network is also capable of providing video services in the event the City issues a cable franchise. The City had no role in determining whether FTTH or CPDC were financially able to build and operate this communications network. FTTH has authority to construct its network as proposed regardless of whether the City grants a cable franchise. Moreover, any franchise granted to FTTH will require a $30,000 performance bond, a $50,000 construction bond, adequate insurance and full indemnification. These instruments protect the City in the event FTTH fails to perform under the Franchise due to financial or other reasons. "It is not clear whether FTTH will profitably manage its operations in the future. However, FTTH 's long-term financial viability is outside the City's ability to reasonably evaluate. Given the MPUC's approval of FTTH's financial qualifications, and with the security described above, FTTH is financially qualified for purposes of this franchise application. c. Technical Qualifications. The technical qualifications standard relates to an applicant's experience in constructing, operating, and maintaining cable communications systems and/or telecommunications network, and the ability provide video services as proposed. FTTH is a newly formed competitive communications company. FTTH has been certificated by the MPUC to provide competitive telephone services as a CLEC. FTTH also recently received a cable franchise in the City of Rosemount. However, FTTH does not have a history in providing video services. FTTH has hired a general manager with significant experience in the cable television industry. In addition, FTTH has contracted with Videotele for video headend equipment and Myrio for headend software, and Midwest Data (in Willmar, MN) for billing and customer care. FTTH will use the services of consultants such as Technology Planners (in Fond du Lac, WI) on video issues. FTTH has contracted with Focal Communications for Metro -area voice and data connectivity. These experienced companies will supplement FTTH's in-house expertise to ensure a full range of technical abilities in providing cable service in Albertville. RJV-221892v4 AL141-35 Moreover, FTTH is deploying a network using technology manufactured by Optical Solutions Inc. Optical Solutions was founded in 1994 and is focused on bringing voice, video and high-speed data via fiber optic lines directly to the home. Optical Solutions provides a unique product. Modern cable systems are typically designed in hybrid fiber coaxial (HFC) configurations; i.e. the main fiber runs terminate at optical nodes where the signal is converted to analog and distributed to neighborhoods and homes via traditional coaxial cables. This design reduces the amount of coaxial plant and amplifiers to enhance reliability and reduce exposure to signal ingress/egress, amplifier outages, distortion and other mechanical failures. However; Optical Solutions is a fiber - to -the -home deployment. It encompasses a central office, or headend, which sends and receives laser -driven light to and from a residence -mounted node via the completely optical network. The node at the residence converts the fiber carried light signals into electrical signals for telephones, televisions and data modems. . Optical Solutions claims that its technology is superior to Charter's HFC system design or digital subscriber line (DSL) services deployed by the incumbent phone company because it provides more bandwidth/capacity. Optical Solutions claims that traditional copper -based DSL and coaxial cable -based technologies are capacity limited. Optical Solutions claims that because fiber costs have fallen, it has become economically viable to deploy a passive optical network with fiber to each end -user. Optical Solutions claims that subscribers can receive up to six telephone lines, up to 80 analog video channels plus hundreds of digital video channels, and high-speed data at up to 10 megabit -per -second, scalable in 64 kilobit -per -second increments. Optical Solutions also claims that its networks are configured to allow digital transport permitting individual subscribers to have bandwidth of up to 155 Mbps. We have contacted several communities where Optical Solutions technology has been deployed including Alberta, Morris, and Chokio, Minnesota. In sum, although there have been some short-term video signal outages, the video signal quality is reportedly very good. We conclude that by virtue of its MPUC certification, hiring of a capable manager, and contractual relationships with Optical Solutions and other experienced consultants with cable television experience, FTTH has demonstrated adequate technical qualifications to receive a franchise. We note that FTTH has little experience with respect to operational and customer service issues but that FTTH's parent, CPDC, has experience in development projects requiring customer service responsiveness. The City may wish to carefully monitor FTTH's customer service and operations. We emphasize that FTTH will be providing service in competition with Charter and other communications providers. If FTTH is unable to provide good quality video service the market will provide other choices. d. Conclusion RJV-221892v4 9 AL141-35 The City has previously concluded that Charter is adequately qualified to provide cable services in, the City. For the reasons discussed above, the City may conclude that FTTH is also adequately qualified. 4. Other Considerations- Level Playing Field Requirement Minnesota law requires a "level playing field" between an incumbent cable operator and a new competitor. The applicable statute provides: No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public educational, or governmental access requirements; or (3) franchise fees." These requirements are not imposed by the Cable Act and are unique to cable service in Minnesota. Accordingly, a system serving fewer than 1000 residents may be exempted from these obligations. a. Area Served. The required service area is the primary "level playing field" issue. Charter requests that the City issue franchises authorizing service throughout the City but explicitly requiring both Charter and FTTH to extend service where there are 9 or more homes per quarter mile (36 homes per mile). The Sherburne/Wright Counties Cable Commission franchises currently require Charter to extend its system and cable services based on this dwelling density standard. Charter claims that it has extended its system throughout the City based on this system extension standard and that the City previously incorporated this obligation in its line extension permit. Conversely, FTTH applied for a franchise authorizing the provision of cable service throughout the entire City but only requiring FTTH to provide service in Towne Lakes. Cable franchises commonly require the cable operator to extend the system and services based on the type of density standard proposed by Charter (expressed in terms of dwellings, homes, potential customers, etc). The service requirement requested by FTTH is not typical. b. Public, Educational, and Governmental (PEG) Access Requirements. 34 Minn. Stat. § 238.08(1)(b). It appears that an incumbent cable operator has standing to claim that a city or competitor has violated the "level playing field" statute. See, In re Application of Dakota Telecommunications Group, 590 N.W.2d 644, 648 (Minn. App. 1999). RJV-221892v4 10 AL141-35 Charter currently does not provide PEG channels, equipment or support to the City. There is no local PEG programming and any PEG programming provided originates in other communities using PEG equipment and support provided to those communities. Going forward, the companies will provide up to two (2) channels to the City along with $2000.00 each to purchase equipment allowing coverage of City Council meetings or such other community programming. The City may subsequently purchase access equipment with a cost of up to $10,000 per company. The City may also require the companies to collect and pay a fee of up to $1.00 per subscriber, per month to support access. Both companies will provide free cable service to City Hall and City schools, and free internet access at City Hall. C. Franchise Fees. Charter currently pays a franchise fee. In the. future, the City will require both Charter and FTTH to pay a 5% franchise fee. Both have agreed to such franchise fees. 5. The Service Area Requirement. The "level playing field" provision in Chapter 238 mandates that the service area requirement in a new franchise be no more favorable less burdensome than such requirement in any existing franchise.35 Charter proposes to continue serve the entire City, but only where there is a sufficient density of homes. FTTH proposes to serve every home, but only in the Towne Lakes development. FTTH and Charter submitted conflicting legal analysis concerning this issue.36 Rather than evaluating each competing argument, we address the most significant issues below. FTTH's proposal only raises a level playing field issue to the extent the City has subjected Charter to a service area requirement. As a preliminary matter, it is not clear that the City's permit remains effective.37 More importantly, the City could conclude that 35 Minn. Stat. § 238.08, Subd. 2. 36 The parties previously submitted similar opinions concerning FTTH's franchise application in Rosemount. In some cases, the parties' earlier analysis was not fully revised and tailored to Albertville. For example, Charter's opinion repeatedly references obligations under an unidentified franchise ordinance. These references do not relate to the City's permit and appear to relate to Charter's franchise in Rosemount. 3' The City Attorney, the City's special cable counsel, and Charter *representatives met to discuss concerns about the enforceability of the line extension permit. Jones Intercable submitted a renewal request dated October 9, 1996, indicating the permit authorization expired on or about September 14, 1999. Charter claims that the permit was extended by the actions of certain Sherburne/Wright Counties Cable Commission members, including the City of Buffalo. Charter provided a copy of a resolution adopted by the City of Buffalo on November 19, 2001, which indicates that its cable franchise was extended to December 31, 2002. However, the resolution was adopted after the permit expired. Moreover, Minn. Stat. § 238.082 requires that cable franchises be amended like other ordinances. The resolution was not an ordinance amendment. Further, Charter provided no evidence that the company accepted the resolution. Finally, as of the date of this report Charter has not requested a further extension of its permit. RJV-221892v4 11 AL141-35 the permit does not impose such a service area requirement. By its terms, the City's permit does not contain a service area requirement or a map identifying any required service area. However, Charter asserts that the City's permit incorporates the system extension requirement contained in the Sherburne/Wright Cable Commission franchises. At best, the permit language is ambiguous and Charter provides no evidence to confirm its interpretation. For example, Charter does not claim that the City has ever agreed with this interpretation, nor that the City has ever attempted to enforce such a line extension requirement. The Sherburne/Wright Cable Commission franchises do reflect that Charter's predecessor agreed to a line extension requirement in those communities. The line extension standard is based on the density of potential customers in an area. Presumably, Charter's predecessor agreed to this standard because it permitted profitable operations; i.e. the capital expense for system construction was justified by the expected return on investment in a non-competitive market. Accordingly, the fact that Charter's system has been extended to the more densely developed parts of City is merely evidence of good business practice, not that the City's permit imposes a system extension requirement. Even if the permit did incorporate a system extension requirement, the City has significant flexibility in considering FTTH's service area proposal. Minnesota law requires that the service area requirement in a second franchise be no "more favorable or less burdensome" than in the incumbent's franchise. Other states have similar statutory requirements. Several courts have concluded that incumbent and competitive franchises need not be identical under these statutes. Cable TV Fund 14-A, Ltd. v. City of Naperville, 1997 WL 280692, * 12 (N.D.Ill.1997)38; Cable Systems of Southern Connecticut, Ltd. v. Connecticut Department of Public Utility Control, 1996 WL 661818, *2 (Conn. Super. 1996)39; Southeast Florida Cable v. Martin County, 173 F.3d 1332, 1334 (11th Cir. 1999)40 38 The Illinois' Overbuild Act prohibits new franchises granted "under terms or conditions more favorable or less burdensome to the applicant than those required under the existing cable television franchise." 65 ILCS §5/11-42-11(e) (West 2001). The court stated: "[nothing in the language] supports the conclusion that new and existing franchises must contain identical terms." The court instead indicated that the terms and conditions of franchise must be "considered as a whole." 39 The Connecticut statute requires that any new franchise issued can "not contain more favorable terms or conditions than those imposed on the existing franchisee." Conn. Stat. § 16-331(i) as quoted in Cable Systems of Southern Connecticut, Ltd. v. Connecticut Department of Public Utility Control, 1996 WL 661818, *2 (Conn. Super. 1996). The court held that if the franchising authority were required to achieve point -by -point equality in terms and conditions, it would be put in the position of imposing particular requirements on a new entrant not because of any real need, but simply to match the situation that existed at the time of the application of the existing entrant, without regard to new information, new technology, or other developments. The court rejected this interpretation. ao The Florida statute provides: "No municipality or county shall grant any overlapping franchises for cable service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within such municipality or county." Fla. Stat. § 166.046(3). R]V-221892v4 12 AL141-35 We conclude that Minnesota's statute does not require the second franchise to contain an identical service area requirement. In particular, the statute applies to "an additional franchise for cable service for an area included in an existing franchise." Implicitly, a municipality may issue an additional franchise that requires service in an area "included in," but smaller than the incumbent's service area. In addition, we conclude that the City could consider distinguishing characteristics between Charter and FTTH in establishing a service area requirement.41 For example, adoption of a line extension requirement would not require Charter to complete any new system construction while FTTH would be required to construct a system throughout the City. Further, FTTH claims that its system will be more robust and significantly more expensive to build than Charter's system. FTTH would need to incur these construction costs while subject to competition from Charter and the incumbent telephone company. However, Charter's system was constructed and operated for 17 years without any comparable competition. Cable operators enjoyed a monopoly rate of return on investment during this period.42 Finally, FTTH has MPUC authorization to construct a network only serving Towne Lakes as a CLEC. With City authorization, FTTH can provide cable service over this network. Charter has no similar authorization. Finally, FTTH requests that the City exempt it from the level playing field obligation regarding service area. FTTH indicates that the Towne Lakes development will be constructed in phases over a period of years. The development is never expected to exceed 600 dwelling units in the City. Even if FTTH realizes a 100% cable take rate, it will not exceed 1000 cable subscribers. We recommend that the City exempt FTTH by resolution from the appropriate Chapter 238 requirements) in the event the City determines that FTTH should be permitted to provide cable service only in Towne Lakes.43 As noted above, the City cannot exempt FTTH from the Cable Act's franchising requirement. However, the City could exempt FTTH from certain Chapter 238 requirements. FTTH is willing to accept a franchise that is materially the same as any franchise issued to Charter except that FTTH is unwilling to be required to serve the entire City. We have drafted franchises that contemplate the attachment of maps showing the respective initial service areas. In the event the City elects to exempt FTTH from a line extension requirement, we recommend that Charter be similarly relieved of such requirement. The City would issue franchises that authorize service throughout the City "' Charter claims that the City may not consider distinguishing characteristics because Chapter 238 does not specifically so provide. However, municipal decisionmaking generally can and should be based on relevant, available information. "Z This conclusion led to Congress' re -regulation of cable rates in 1992. The FCC's subsequent cable rate regulations attempted to constrain cable rates to levels that would be expected if cable were subject to competition. The FCC's rate regulations have been widely criticized for failing to constrain cable rates. 43 Minn. Stat. § 238.02, Subd. 3. RJV-221892v4 13 AL141-35 but do not require system extension to any particular area. Instead, the market and individual business plans will dictate cable service availability in the City. The franchises should also provide for the possibility that FTTH may eventually exceed 1000 subscribers. In such case, the City would by resolution subject FTTH and Charter to a line extension requirement. IV. CONCLUSION The City's cable franchise application process complies with state law. FTTH submitted a completed application. The City requested and received additional information concerning the application. Charter requested a renewed permit or new franchise but did not file an application based on federal franchise renewal rights. Charter has participated in the City's franchising process. Neither company intends to provide cable service to every home in the City. Neither company has proposed a service plan based on the income of residents.". Charter proposes serving areas that are developed with sufficient density. FTTH proposes serving an area that an affiliated company is developing. We conclude that the City may grant both franchise requests. The City must determine whether it should issue franchises to Charter and FTTH as requested. " The Cable Act provides: "In awarding a franchise or franchises, a franchising authority shall assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides." 47 U.S.C. § 541(a)(3). This prohibits intentional discrimination against low income customers and neighborhoods but does not require "universal service." American Civil Liberties Union v. FCC, 823 F.2d 1554, 1579 (D.C. Cir. 1987) (holding that evidence of a discriminatory motive is required to show a violation of the Act). RJV-221892v4 14 AL141-35 CITY OF ALBERTVILLE ORDINANCE NO. ZZ1010 SECTION 1. INTENT Section 1.1 Findings. The City finds that multiple providers may be interested in providing Cable Service in the City. The City is authorized to grant one or more nonexclusive Franchises to provide Cable Service in the City. Section 1.2 Intent. The City's intent in adopting this Cable Ordinance is to further the public interest in the delivery of Cable Service and ensure that all providers of Cable Service are subject to comparable burdens consistent with applicable law. This Cable Ordinance may encourage further development of, and competitive choices for, Cable Service and related communications services in the City. Such a development could contribute significantly to the communication needs and desires of residents of the City, benefit local economic development, and improve public and municipal services. SECTION 2. SHORT TITLE This Ordinance will be known and cited as the "Cable Ordinance." SECTION 3. DEFINITIONS For the purposes of this Cable Ordinance, the following terms, phrases, words, and their derivations must have the meaning given herein. Terms, phrases and words contained in this Cable Ordinance that are not defined herein or in a Franchise will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a Franchise. b. "Cable System" or "S stem" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, terminal devices, equipment, or facilities located in whole, or in part, in the City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing Cable Service in the City. A Cable System may be designed and constructed to be capable of delivering services in addition to Cable Services. RJV-2204osvl AL141-35 c. "Cable Programming Service" means any video programming regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: 1. Basic Cable Service; 2. Video programming offered on a pay -per -channel or pay -per -program basis; or 3. A combination of multiple channels of pay -per -channel or pay -per -program video programming offered on a multiplexed or time -shifted basis so long as the combined service consists of commonly -identified video programming and is not bundled with any regulated tier of service. d. "Cable Service" means: (1) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. e. "Channel" means a portion of the electromagnetic frequency spectrum which is used in a System and which is capable of delivering a television channel (as defined by the FCC). f. "City" means the City of Albertville, Minnesota, a municipal corporation, in the State of Minnesota. g. "Competition" means the offering of Cable Service to substantially the same potential customers in the City by two (2) or more providers pursuant to Franchises. h. "Drop" means the cable that connects the ground block on the Subscriber's Terminal Device to the nearest feeder cable of the System. i. "FCC" means the Federal Communications Commission, or its lawful successor. j. "Franchise", "Cable Franchise" or "Franchise Agreement" means an agreement between the City and any provider of Cable Service pursuant to this Cable Ordinance granting an initial authorization, or renewal thereof, to provide Cable Service or operate a System in the City. k. "Franchise Fee" means the fee or assessment imposed by the City on a Grantee solely because of its status as a recipient of a Franchise. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability; (ii) capital costs which are required by the Franchise related to the provision of public, educational, or governmental access facilities; (iii) requirements or charges incidental to awarding or enforcing the Franchise, including payments for bonds, security funds or letters of credit, insurance, indemnification, penalties or liquidated damages; (iv) any fee imposed under Title 17 of the United States Code. I. "Grantee" is any recipient of a Franchise, and its agents and employees, lawful successors, transferees or assignees. RJV-220405v1 AL141-35 in. "Gross Revenues" means all revenues received by a Grantee, or its affiliates, from the sale or provision of Cable Service in the City. By way of example and not limitation, Gross Revenues shall include all carriage revenues received by a Grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. Gross Revenues shall not include bad debt, any taxes or fees on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit, or revenues received by a Grantee or its affiliates from the provision of Telecommunications Services in the City. n. "Installation" means the connection of the System with the Subscriber Terminal Device. o. "Lockout Device" means an optional mechanical or electrical accessory to a Terminal Device which inhibits the viewing of a certain Channel or Channels provided over the Cable System. p. "Normal Business Hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, Normal Business Hours must include some evening hours at least one night per week and/or some weekend hours. q. "Normal Operating Conditions" means those service conditions which are within the control of a Grantee. Those conditions which are not within the control of a 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 a 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 a Grantee's facilities. r. "Pay Television" means the delivery of pay -per -channel or pay -per -program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Cable Programming Services. s. "PEG Access Facilities" means public, educational, and governmental programming channels, or any equipment or facilities for use of such Channels. t. "Person" means any natural person, firm, partnership, association, corporation, company, or other legal entity. u. "Right -of -Way" or "Rights -of -Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights -of -way for travel purposes and utility easements of local government units. Right -of -Way does not include the airwaves above a Right -of -Way with regard to wireless or other nonwire telecommunications or broadcast service. RJV-220405v1 3 AL141-35 v. "Right -of -Way Ordinance" means an ordinance adopted by the City creating requirements regarding regulation, management and use of Rights -of -Way, including registration and permitting requirements. w. "Standard Installation" means any residential installation that can be completed using a Drop of 150 feet or less. x. "Subscriber" means any Person who lawfully receives Cable Service via a System. y. "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. § 153(46), as may be explained or interpreted by final action of the FCC. z. "Terminal Device" means an electronic device that converts signals to a form accessible by the Subscriber. SECTION 4. FRANCHISES Section 4.1 Generally a. No Person may provide Cable Service in the City, nor operate a Cable System in the City, unless and until such Person is granted a Franchise. All Franchises must be granted pursuant to the provisions of this Cable Ordinance. b. Any Franchise granted hereunder will authorize the Grantee to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. c. All Franchises. shall be nonexclusive, and City may grant additional Franchises at any time. To the extent required by applicable law, the City will not grant a Franchise for an area included in an existing Franchise on terms and conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees, unless the area in which the additional Franchise is being sought is not actually being served by any existing Grantee. The City may impose additional terms and conditions on any additional Franchises. d. This Cable Ordinance and Franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238. Any applicable requirement established by Minn. Stat. 238.084 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed incorporated by reference in the Franchise as though fully set forth therein. e. The performance of any Grantee is subject to periodic evaluation by the City upon reasonable notice to the Grantee. RN-220405v 1 4 AL 141-35 Section 4.2 Use of Rights -of -Way , a. Use of the Rights -of -Way to provide Cable Service and operate a Cable System must not be inconsistent with the terms and conditions by which such Rights -of -Way were created or dedicated and is subject to all legal requirements related to the use of such Rights -of -Way. b. The City may adopt and enforce a Right -of -Way Ordinance and all Grantees shall be subject to such Right -of -Way Ordinance. To the extent that rights, duties and obligations regarding the use of Rights -of -Way are specifically addressed in a Franchise, such Franchise terms shall prevail over any conflicting provisions of a Right -of -Way Ordinance. The terms of the Cable Ordinance shall be subordinate to any conflicting provisions of a Right -of -Way Ordinance. A Grantee shall not, through adoption or amendment of a Right -of -Way Ordinance be subject to additional burdens or obligations with respect to usage of the Right -of -Way which exceed the burdens on other users of the Right -of -Way under a Right -of -Way Ordinance. c. The City may construct, maintain, repair or relocate sewers; grade, pave, maintain, repair, relocate and/or alter any Right -of -Way; construct, repair, maintain or relocate water mains; or construct, maintain, relocate, or repair any sidewalk or other public work.. d. All System facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of Rights -of -Way, alleys and other public ways and places, and cause minimum interference with the rights of property owners who abut any of the said Rights -of -Way, alleys and other public ways and places, and not interfere with existing public utility installations. e. A Grantee must file with the City maps, plats, or other record of.the location and character of all facilities constructed in the City, including underground facilities. A Grantee must update such maps, plats and permanent records annually if changes have been made in the System. Consistent with applicable state law, Grantee may identify such maps, plats or other records as "confidential trade secret," and City shall comply .with all state laws regarding the protection and dissemination of such materials. f. If the City alters, or changes the grade or location of any Right -of -Way, alley or other public way, a Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other System fixtures, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the Right -of -Way, the affected Grantee will be likewise reimbursed. g. Grantees shall not place poles, conduits, or other System fixtures where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of City. h. A Grantee will, on request of any Person.holding a moving permit issued by the City, temporarily move wires or fixtures to permit the moving of buildings with the expense of such RJV-220405v1 5 AL141-35 •r � temporary removal to be paid by the Person requesting the same, and the Grantee will be given no less than ten (10) business days advance notice to arrange for such temporary changes. i. A Grantee will be :liable for the failure to exercise reasonable care during construction, operation or maintenance of a System. Section 4.3 Tree Trimming A Grantee is authorized to trim any trees upon and overhanging the Rights -of -Way, alleys, sidewalks, or public easements of City so as to prevent the branches of such trees from coming in contact with wires and cables of a System. The City may supervise tree trimming activities and condition the authority to trim trees as it deems appropriate. Section 4.4 Franchise Term. Franchises will be granted for a term established in the Franchise Agreement. No Franchise may be granted for a period exceeding fifteen (15) years from the date of acceptance by Grantee. Section 4.5 Regulation of Cable Service. a. The requirements of this Cable Ordinance define the City's regulatory authority over Cable Services and Cable Systems. All Grantees are subject to all lawful exercise of the City's police power, ordinance -making authority, and power of eminent domain. b. The terms of a Franchise Agreement define the contractual rights and obligations of the City and the Grantee thereunder. Section 4.6 Initial Franchise Applications. . a. Upon request or its own initiative, the City may initiate the cable franchise application process required by Minnesota Statutes Section 238.081. Any Person desiring an initial Franchise must file an application with the City. b. The City will establish an application fee in an amount to offset the costs of processing applications and awarding a Franchise. Such application fees will not constitute a Franchise Fee. c. Upon receipt of an application for a Franchise, City staff will prepare a report and recommendations to the City Council regarding the application(s). d. A public hearing concerning applications will be held prior to rejection or acceptance of applications, and award of any Franchises. Section 4.7 Franchise Renewal. RJV-220405v1 6 AL141-35 Franchise renewals will be conducted in accordance with applicable laws. To the extent consistent with applicable laws, the City will require reimbursement of the City's expenses incurred in processing the renewal. SECTION 5. CONSTRUCTION STANDARDS Section 5.1 Registration, Permits and Construction Codes. a. Within ninety (90) days of acceptance of a Franchise, a Grantee shall apply for any necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain or reconstruct a System. Grantees may submit permit applications as construction progresses, as agreed upon with. the City. Grantees must strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the facilities used to provide Cable Service in the City. b. The City may inspect any construction or installation work performed pursuant to the provisions of a Franchise. The City may make such tests as it must And reasonably necessary to ensure compliance with the terms of this Cable Ordinance, the Franchise, and applicable provisions of local, state and federal law. Section 5.2 Repair of Rights -of -Way and Property. a. Any Rights -of -Way or other property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of a Cable System shall be promptly and fully restored by the Grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work. b. If a Grantee fails to promptly perform the restoration required herein, the City shall have the right, following ten (10) business days written notice to Grantee, to restore Rights -of - Way and other public property to a condition as good as that prevailing prior to the Grantee's work. The -City shall be fully reimbursed by the Grantee for its actual costs relating to such restoration. Section 5.3 Undergrounding of Facilities. a. In all areas of the City where utility facilities are required to be placed underground, or where all other utility lines are underground, all Grantees must construct and install System facilities underground. b. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground, but such facilities shall be of such size, design, and location as not to be unsightly or unsafe, as approved by the City. c. A Grantee must bury new Drops within a reasonable time period, which must not exceed fifteen (15) business days, subject to weather conditions. In the event the ground is RJV-220405v1 AL141-35 7 I frozen, a Grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 30th. Section 5.4 Erection, Removal and Joint Use of Poles. a. In any area of the City where facilities may be located above ground, a Grantee must make use of existing poles and other facilities to the extent technically and economically feasible. b. No poles, above -ground conduits, amplifier boxes, similar structures, or other wire -holding structures may be erected or installed by the Grantee on public property without prior approval of the City with regard to location, height, type and other pertinent aspects. c. All facilities are subject to applicable zoning and other land use regulations. Section 5.5 Safety Requirements. a. A Grantee must at all times employ ordinary and reasonable care in the construction, installation and maintenance of System facilities and must use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All System facilities must at all times be kept and maintained in good condition, order, and repair so that the same must not menace or endanger the life or property of the City or any Person. b. A Grantee must install and maintain equipment and facilities in accordance with all applicable federal, state and local laws and regulations, and the requirements of the National Electric Safety Code and in such manner that they will not interfere with private radio, police and fire communications or any installations of City or of any public utility serving City. SECTION 6. SYSTEM DESIGN AND EXTENSION PROVISIONS Section 6.1 System Capacity and Channels. At a minimum, any Franchise granted hereunder shall describe the Grantee's network in terms of the total System capacity such as the total number of analog and digital video channels which can be provided, and the minimum number of video channels which will. be offered. Section 6.2 Cable Service Availability. a. Any Franchise granted hereunder may authorize Cable Service throughout the City, or a portion thereof. b. Each Franchise will identify a required service area. A Grantee will be required to offer Cable Service to all dwellings, homes and businesses within its required service area. Franchises may authorize and require Cable Service throughout the corporate boundaries of the RN-22o4o50 AL141-35 City, as it exists from time to time, or such smaller area as the City reasonably and lawfully deems appropriate and is agreeable to the Grantee. c. Any Franchise granted hereunder may establish requirements for the extension of the System and provision of Cable Service beyond the initially required service area. d. Cable Service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Section 6.3 Non -Standard Installations. A Grantee must provide Cable Service to any Person requesting other than a Standard Installation except that a Grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a Standard Installation. Section 6.4 Technical Standards. Any System offering Cable Service in the City must comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. Section 6.5 System Testing. a. In the event City finds that there are signal or System performance difficulties which may constitute violations of applicable FCC technical standards, the Grantee will be notified and afforded ten (10) days to correct problems or complaints. If the performance difficulty is not resolved within ten (10) days in City's sole determination, the City may require the Grantee to demonstrate compliance via testing or other means selected by the Grantee. b. If the performance difficulty is not timely resolved, the City may test any System or facilities used to provide Cable Service in the City., The City will seek to arrange its testing so as to minimize hardship or inconvenience to Grantee and Subscribers. In the event that testing reveals that the source of the technical difficulty is within the Grantee's control, the cost of the testing must be borne by the Grantee. If the testing reveals the difficulties to be caused by factors that are beyond Grantee's control, the cost of the testing must be borne by the City. Section 6.6 FCC Reports. Grantees must, upon written request from City, file all required FCC technical reports with the City. Section- 6.7 Nonvoice Return Capability. Grantees are required to provide a System with capacity and technical capability to provide nonvoice return communications. Section 6.8 Lockout Device. RJV-220405v1 9 AL141-35 Grantees shall provide by sale or lease a Lockout Device to any requesting Subscriber. Section 6.9 Emergency Alert System. All Grantees must provide an emergency alert system (EAS) that complies with FCC requirements. Grantees must further ensure that City can insert, or direct the insertion of, brief audio and video emergency messages simultaneously on all Channels or a single Channel to which Subscribers are directed. The City shall indemnify Grantee for City's use of a Cable System for emergency messages unless such use is consistent with the FCC's EAS requirements. SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS Section 7.1 Enforcement of Customer Service Standards. This Section 7 shall be fully applicable except during periods when Competition exists in the City. The City will stay and not enforce this Section 7 during periods when Competition exists in the City, except that the City may initiate enforcement of this Section while Competition exists in the event the City receives, in any thirty (30) day period, at least five (5) written complaints with respect to each competitor concerning similar customer service issues. In such case, the City Council may initiate enforcement of this Section by adopting a Resolution indicating the basis for initiating enforcement. Section 7.2 Regulation of Cable Service Rates. a. The City may regulate rates for the provision of Cable Service to the extent allowed under federal or state law($). b. Grantees must file a list of current Subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. Grantees must give the City and Subscribers written notice of any change in a Cable Service rate or charge no less than thirty (30) days prior to the effective date of the change. Section 7.3 Sales Procedures. A Grantee may not exercise deceptive sales procedures when marketing any of its Cable Services within City. Grantees may conduct marketing consistent with local ordinances and other. J applicable laws and regulations. Section 7.4 Telephone Inquiries and Complaints. a. Grantees must maintain local, toll -free or collect call telephone access lines which will be available to its Subscribers 24 hours a day, seven days a week. b. During Normal Business Hours, trained representatives of Grantee must be available to respond to Subscriber inquiries. Grantees must ensure that: (1) an adequate number of trained RJV-220405v1 IU AL141-35 company representatives will be available to respond to customer telephone inquiries during Normal Business Hours, and; (2) after Normal Business Hours, the access line will be answered by a trained company representative or a service or an automated response system such as an answering machine. c. Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. Section 7.5 Telephone Answer Time and Busy Signals. a. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, must not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed thirty (30) seconds. b. These standards must be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer must receive a busy signal less than three (3) percent of the time. Section 7.6 Installation, Outage and Service Calls. Under Normal Operating Conditions each of the following standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: a. - Excluding conditions beyond the control of a Grantee which prevent performance, Grantees will begin working on service interruptions promptly, and in no event later than twenty- four (24) hours after the interruption becomes known, and Grantees must begin actions to correct other service problems the next business day after notification of the service problem and resolve such problems as soon as is reasonably possible; b. 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. Grantees may schedule service calls and other installation activities outside of Normal Business Hours for the convenience of the customer; c. A Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the. scheduled appointment; d. If a representative of a Grantee 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 during Normal Business Hours which is convenient for the customer. Section 7.7 Complaint and Other Service Records. RJV-220405v1 AL141-35 a. Upon written request by the City, and subject to a Grantee's obligation to maintain the privacy of certain information, Grantees must prepare and maintain written records of all complaints received and the resolution of such complaints, including the date of such resolution. b. Written complaint records must be on file at the office of a Grantee. Upon written request by the City, Grantees must provide the City with a written summary of such complaints and their resolution on a quarterly basis and in a form mutually agreeable to the City and Grantee. , c. Upon written request by the City, Grantees must provide detailed compliance reports on a quarterly basis with respect to the objectively measurable service standards required in this Section. A Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards contained in this Section unless a historical record of complaints indicates a failure to comply. Section 7.8 Subscriber Contracts. Grantees must provide to the City upon request any standard form Subscriber contract utilized. If no such written contract exists, Grantee must provide a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. Section 7.9 Video Programming. All Franchises will identify the initial video Channels to be provided by a Grantee. In accordance with 47 U.S.C. § 544(b), prior City approval is required for any change in the broad categories of video programming provided. Individual programming decisions may be made in the discretion of a Grantee. Section 7.10 Billing and Subscriber Communications. a. A Grantee must give the City and Subscribers thirty (30) days advance written notice of any changes in rates, programming services, or channel alignments. b. Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within 30 days. Section 7.11 Refunds and Credits. a. If a Grantee's Cable Service is interrupted or discontinued for 24 or more consecutive hours, its Subscribers must be credited pro rats for such interruption. Credits must be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. For this purpose, every month will be assumed to have thirty (30) days. - RJV-220405v1 12 AL141-35 b. In the event a Subscriber establishes or terminates Cable Service and receives less than a full month's Cable Service, the Grantee must prorate the monthly rate on the basis of the number of days in the period for which Cable Service was rendered to the number of days in the billing. Refund checks will be issued promptly, but no later than the return of the equipment supplied by the Grantee if Cable Service is terminated. Section 7.12 Local Office/Drop Box. Grantees must maintain a local office or a local drop box for receiving Subscriber payments. Section 7.13 Additional Customer Service Requirements. The City may adopt additional or modified customer service requirements to address subscriber concerns or complaints. SECTION 8. COMMUNITY SERVICES Section 8.1 PEG Access Facilities. Franchises will establish obligations to provide PEG Access Facilities to meet the community's needs and interests. Section 8.2 Service to Public or Educational Institutions. Franchises will establish obligations for the provision of free or reduced cost services to identified public or educational institutions. SECTION 9. ADMINISTRATION PROVISIONS Section 9.1 Administration of Franchise. a. The City Administrator will have continuing regulatory authority over Cable Systems, Cable Services, and Franchise compliance; provided, however, the City Council shall have the sole authority to hold hearings and take final enforcement action as provided in Section 14.1 c.-d or revoke a Franchise as provided in Section 14.2. b. The City Administrator may delegate this regulatory supervision by giving written notice of such delegation to affected Grantees. Grantees must cooperate with any such delegatee of the City Administrator. Section 9.2 Franchise Fee. a. A Grantee must pay to the City a Franchise Fee in the amount established in the Franchise Agreement. b. Franchise Fee payments are payable quarterly. Franchise Fee payments must be made within sixty (60) days of the end of each calendar quarter. RN-2204050 13 AL141-35 c. Eac ranchi ee pa ent mu accompanied by a report certified by an officer of the Grant in form onably ptab City, detailing the computation of the payment. All amounts aid must 2 bject #audit ecomputation by the City and acceptance of any payment mu " of be co ed as cord the amount paid is in fact the correct amount. d• rantee desig a that rtion of a Subscriber's bill attributable to the Franchise Fe a sep line ite n the Secti 9.3 A s to R rds.' a• City m upon onabl tice and during Normal Business Hours, and subject to th vacy p ions o U.S. 521 et seq., inspect any records maintained by a Grantee whi relate t Fran a or em operations, including specifically Grantee's Gross Reve records rante ust a copies of documents upon City's reasonable request but ' ay iden and 1 1 any ch documents as "confidential trade secret" in . accordance Section shove b. GWees m repar d to the City such reports with respect to the operations, affliirs, trans City may re ably req ons or t. perty, they relate to this Franchise or Cable Services as SECTION 10 I EMNI ATIO UAND INSURANCE Section 10.1 I mnific n of the City. a. A Grantee m inde , defend and hold harmless the City, its officers, boards, committees, ommissio elected cials, employees and agents from and against any loss or damage to any real or onal rty of any Person, or for any injury to or death of any Person, arisigg out of o corm with the construction, operation, maintenance, repair or removal of, oother acti or eve th respect to a System or other facilities used by a Grantee to deliver Cale Service. JEGrantee b. st i nd defen fy, d, and hold the City, its officers, boards, committees, commissio elected cials, employees and agents, harmless from and against all lawsuits, claims, action iability ages, costs, expenses or penalties incurred as a result of the award or enforcemen ° 'f a Fra 'se. C. A -Grantee sill . not ity :required to provide indemnification or defense for any intentional misconduct willfulglect or, negligence by an Indemnified Party, . for any enforcement `action taken by the against a Grantee, of for any claim based solely on the City's operation of PEG :Access Tacilities," delivery of PEG Access programming, or EAS messages originated by the City. Subject to the limitations in Minnesota Statutes Chapter 466, the City shall indemnify, defend aid hold a Grantee harmless from any damage resulting from any intentional misconduct, willful ` neglect or negligence by the City, its officers, boards, RJV-220405vl 14 AL141-35 committees, commissions, elected officials, employees and agents, in utilizing PEG Access Facilities or Channels, delivering EAS messages originated by the City, or in connection with work performed on or adjacent to the System. d. With respect to each claim for indemnification: 1. the City must promptly notify the Grantee in writing of any suit, claim or proceeding which gives rise to such right; 2. the Grantee must afford the City an opportunity to participate in any compromise, settlement or other resolution or disposition of any suit, claim or proceeding; and 3. the City must cooperate with reasonable requests of the Grantee, at Grantee's expense, in its participation in a suit, claim or proceeding. Section 10.2 Insurance. a. A Grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for damages which may arise. as a result of operation of the System or delivery of Cable Service. b. The policies of insurance must be in the sum of not less than One Million Dollars ($1,000,000.00) for personal injury or death of any one Person, and Two Million Dollars ($2,000,000.00) for personal injury or death of two or more Persons in any one occurrence, Five Hundred Thousand Dollars ($500,000.00) for property damage to any one person and Two Million Dollars ($2,000,000.00) for property damage resulting from any one act or occurrence. c. The insurance policy must be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the City. SECTION 11. FRANCHISE TRANSFER OR ABANDONMENT Section 11.1 Abandonment of Service. A Grantee may not discontinue the provision of Cable Service without having first given three (3) months written notice to the City. Section .11.2 System Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, the City may require the Grantee to remove all or any portion of its System from all Rights -of -Way and public property within the City; provided, however, that the Grantee will not R.1v-220405v 1 15 AL141-35 be required to remove its System to the extent it lawfully provides Telecommunications Services over the System. b. If the Grantee has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Franchise toward removal and/or declare all right, title, and interest in the System to be in 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 pursuant to the provisions of 47 U.S.C. § 547. Section 11.3 Sale or Transfer of Franchise. a. No sale or transfer of ownership of a Grantee or "fundamental corporate change" in a Grantee as defined in Minn. Stat. 238.083, nor sale of transfer of a Franchise, is permitted without City approval. Any sale or transfer of stock in a Grantee creating a new controlling interest constitutes a sale or transfer of ownership. A "controlling interest" includes majority stock ownership or a lesser amount sufficient to confer actual working control in whatever manner exercised. City approval is not be required where a Grantee grants a security interest in its Franchise or System to secure an indebtedness. b. A Grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred and twenty (120) days of receipt of a written request. The City will not unreasonably withhold its approval. c. In no event will a transaction be approved unless the transferee becomes a signatory to, and assumes all rights and obligations under, the Franchise. d. In the event of any proposed transaction described above, the City will have the right to purchase the System. In the event a Grantee has received a bona fide offer for purchase of its System, the City shall have the right to purchase for the price which the proposed assignee or transferee agreed to pay. The City will be deemed to have waived its right to purchase the System in the following circumstances: 1. The City does not notify the Grantee in writing, within 90 days of notice, that it intends to exercise. its right of purchase; or 2. The City approves the transaction. SECTION 12. PROTECTION OF INDIVIDUAL RIGHTS Section 12.1 Discriminatory Practices Prohibited. No Grantee may deny Cable Service or otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Section 12.2 Subscriber Privacy. RJV-220405v1 16 AL141-35 a. Grantees must comply with the subscriber privacy -related requirements of 47 U.S.C. § 551. b. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the Subscriber. c. No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any party other than to Grantee and its employees for internal business use, and also to the Subscriber subject of that information, without the express written authorization of the Subscriber. d. Written Subscriber authorization is limited to a period not to exceed one (1) year. Subscriber authorization may be renewed at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew such authorization. The authorization must be revocable at any time by the Subscriber without penalty of any kind whatsoever. e. Written authorization from a Subscriber is not be required for conducting System- wide or individually addressed electronic sweeps to verify System integrity or monitor for billing purposes. This information must be kept confidential subject to the provision set forth in Subparagraph (b) of this Section. SECTION 13. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS Section 13.1 Unauthorized Connections or Modifications Prohibited. a. It is unlawful for any Person, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a Grantee's System. b. It is unlawful for any Person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a System for any purpose. c. Any Person found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. SECTION 14. ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE Section 14.1 Violations or Other Occurrences Giving Rise to Enforcement Action. a. In order to take enforcement action pursuant to this Cable Ordinance or a Franchise, the City must provide the Grantee with written notice of the violation or other occurrence giving rise to the City's action. b. The Grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the Grantee may, within RJV-220405v1 17 AL141-35 be required to remove its System to the extent it lawfully provides Telecommunications Services over the System. b. If the Grantee has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Franchise toward removal and/or declare all right, title, and interest in the System to be in 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 pursuant to the provisions of 47 U.S.C. § 547. Section 11.3 Sale or Transfer of Franchise a. No sale or transfer of ownership of a Grantee or "fundamental corporate change" in a Grantee as defined in Minn. Stat. 238.083, nor sale of transfer of a Franchise, is permitted without City approval. Any sale or transfer of stock in a Grantee creating a new controlling interest constitutes a sale or transfer of ownership. A "controlling interest" includes majority stock ownership or a lesser amount sufficient to confer actual working control in whatever manner exercised. City approval is not be required where a Grantee grants a security interest in its Franchise or System to secure an indebtedness. b. A Grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred and twenty (120) days of receipt of a written request. The City will not unreasonably withhold its approval. c. In no event will a transaction be approved unless the transferee becomes a signatory to, and assumes all rights and obligations under, the Franchise. d. In the event of any proposed transaction described above, the City will have the right to purchase the System. In the event a Grantee has received a bona fide offer for purchase of its System, the City shall have the right to purchase for the price which the proposed assignee or transferee agreed to pay. The City will be deemed to have waived its right to purchase the System in the following circumstances: 1. - The City does not notify the Grantee in writing, within 90 days of notice, that it intends to exercise its right of purchase; or 2. The City approves the transaction. SECTION 12. PROTECTION OF INDIVIDUAL RIGHTS Section 12.1 Discriminatory Practices Prohibited. No Grantee may deny Cable Service or otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Section 12.2 Subscriber Privacy. RJV-220405v 1 16 AL141-35 a. Grantees must comply with the subscriber privacy -related requirements of 47 U.S.C. § 551. b. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the Subscriber. c. No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any parry other than to Grantee and its employees for internal business use, and also to the Subscriber subject of that information, without the express written authorization of the Subscriber. d. Written Subscriber authorization is limited to a period not to exceed one (1) year. Subscriber authorization may be renewed at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew such authorization. The authorization must be revocable at any time by the Subscriber without penalty of any kind whatsoever. e. Written authorization from a Subscriber is not be required for conducting System- wide or individually addressed electronic sweeps to verify System integrity or monitor for billing purposes. This information must be kept confidential subject to the provision set forth in Subparagraph (b) of this Section. SECTION 13. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS Section 13.1 Unauthorized Connections or Modifications Prohibited. a. It is unlawful for any Person, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a Grantee's System. b. It is unlawful for any Person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a System for any purpose. c. Any Person found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. SECTION 14. ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE Section 14.1 Violations or Other Occurrences Giving Rise to Enforcement Action. a. In order to take enforcement action pursuant to this Cable Ordinance or a Franchise, the City must provide the Grantee with written notice of the violation or other occurrence giving rise to the City's action. b. The Grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the Grantee may, within RJV-220405v1 17 AL141-35 i seven (7) days of receipt of notice from the City, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee. c. In the event a Grantee does not timely cure to the City's satisfaction the violation or other occurrence giving rise to the City's action, or timely disputes whether a violation has occurred, the City will schedule a public hearing affording Grantee due process. The City will endeavor to schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearing must be provided to the Grantee. d. At the completion of the hearing, the City will issue written findings of fact and its final determination. A Grantee may not initiate legal proceedings until the City's final determination is issued. e. In the event City determines that no violation has taken place, the City will rescind the notice of violation in writing. Section 14.2 Franchise Revocation. a. In addition to all other rights and remedies that the City possesses pursuant to law, equity and the terms of the .Franchise Agreement, the City may revoke or terminate the Franchise, and all rights_ and privileges pertaining thereto, in accordance with Section 14.1 if the City determines that: 1. The Grantee has violated any material requirement or provision of the Cable Ordinance or a Franchise and has failed to timely cure; or 2. The Grantee has attempted to evade any of the material provisions of the Cable Ordinance or a Franchise; or 3. The Grantee has practiced fraud or deceit upon the City or a Subscriber; or 4. The Grantee has filed for bankruptcy. b. During any revocation proceeding and any appeal period, the Franchise will remain in full force and effect unless the term thereof sooner expires. Section 14.3 Compliance with Federal, State and Local Laws. The City and Grantee will conform to state laws and rules regarding Cable Service or the System not later than one year after they become effective, unless otherwise stated, and conform to federal laws and regulations regarding cable as they become effective. RJV-220405v1 18 AL141-35 CITY OF ALBERTVILLE RESOLUTION CONDITIONALLY APPROVING THE RENEWAL REQUEST BY CHARTER COMMUNICATIONS AND FRANCHISE APPLICATION BY FTTH WHEREAS, the City of Albertville ("City") is a municipal corporation organized under the laws of Minnesota; WHEREAS, on or about May 6, 1985, the City issued a "line extension permit" authorizing Rite Cable Company of Minnesota, Ltd. ("Rite") to deliver cable service in the City pursuant to the terms of cable franchises issued by the member municipalities in the Sherbume/Wright Counties Cable Commission ("Commission"), including the City of Buffalo; . WHEREAS, since issuance of the permit ownership of the local cable system has been transferred from Rite to Cable TV Fund 14-A d/b/a Jones Intercable ("Jones"), then to Bresnan :Telecommunications Company LLC ("Bresnan"), and then to Charter Communications Holding Company, LLC d/b/a Charter Communications ("Charter"); WHEREAS, by letter dated October 9, 1996, Jones requested that the City renew the authorization to deliver cable service in the City, which authorization was to expire on or about September 14, 1999; WHEREAS, Charter claims that the City's cable authorization was extended to December 31, 2002 by the actions of certain Commission members; WHEREAS, Charter provided a copy of a resolution adopted by the City of Buffalo on November 19, 2001, extending its franchise to December 31, 2002; WHEREAS, the City. Attorney, special cable counsel, and Charter representatives have discussed concerns about enforceability of the line extension permit; WHEREAS, Contractor Property Developers Company ("CPDC") is developing the Towne Lakes residential development in the City; WHEREAS, CPDC is constructing a communications network as an amenity in the Towne Lakes development and intends to provide cable, telephone and other communications services in competition with the incumbent providers that may also serve the development; WHEREAS,. CPDC formed FTTH to provide communications services in certain developments such as Towne Lakes; WHEREAS, by letter dated October 22, 2001, FTTH Communications LLC ("FTTH") requested that the City issue a competitive cable franchise; RJV-224537v1 AL141-35 WHEREAS, in response to FTTH"s request, the City initiated the cable franchising process mandated by Minnesota Statutes, Chapter 238, received an application from FTTH, held a public hearing concerning the application and Charter's renewal request, and requested and received information, comments and legal analysis from FTTH and Charter concerning certain cable regulatory issues; WHEREAS, FTTH is certified by the Minnesota Public Utilities Commission ("MPUC") as a competitive local exchange carrier ("CLEC") which certification authorizes construction and operation of a system to provide telephone service throughout the City, subject to the City's right- of-way requirements; WHEREAS, FTTH has substantially constructed a system to provide telephone service in the Towne Lakes development; WHEREAS, FTTH seeks a cable franchise authorizing cable service throughout the City but only requiring the provision of cable services over its system in the Towne Lakes development; WHEREAS, Charter has constructed a system to provide cable service throughout the City to the extent a given area has a dwelling density of at least 9 homes per 1/4 cable mile; - WHEREAS, Charter seeks a cable franchise authorizing cable service throughout the City but only requiring the provision of cable services to the extent this dwelling density exists; WHEREAS, Minnesota Statutes, Section 238.08(1)(b), provides: No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public educational, or governmental access requirements; or (3) franchise fees; WHEREAS, Minnesota Statutes, Section 238.02, Subd. 3 permits a system which serves fewer than 1,000 subscribers to be exempted from cable franchising obligations under Minnesota law "if the governing bodies of all political subdivisions served by the system, vote, by resolution, to remove the system from the provisions of [Minn. Stat. Ch. 238]' ; WHEREAS, Charter and FTTH submitted legal analysis concerning the lawfulness of FTTH's proposal to serve only the Towne Lakes development; WHEREAS, among other things, Charter claims that the City may not approve, FTTH application because the City's permit remains effective and incorporates the service area requirement contained in the Commission franchises; WHEREAS, among other things, FTTH indicates that it will serve fewer than 1000 subscribers in the Towne Lakes development and requests that the City exempt it from a service xrv-I821oov1 2 SA2330-20 area obligation; WHEREAS, the City Council received and considered a report from its special cable counsel dated December 9, 2002, concerning Charter's renewal request and FTTH's franchise application; WHEREAS, the report indicates that the Council could conclude that: 1) the permit is no longer effective; 2) the permit did not impose a service area requirement; 3) the Council has discretion in determining whether FTTH's proposal is "more favorable or less burdensome" than any service area requirement applicable to Charter; 4) the Council could consider distinguishing characteristics between Charter and FTTH in establishing a service area requirement, and; 5) FTTH may be exempted from requirements in Minnesota Statutes, Chapter 238. WHEREAS, the report recommends adoption of a cable regulatory ordinance setting forth requirements generally applicable to all providers of cable service operating in the City; WHEREAS, the City may require adequate assurance that Charter and FTTH have the financial, technical, or legal qualifications to provide cable service, may consider whether the proposals for providing cable service are reasonable and in the public's interest, and may require acceptance of franchises containing reasonable terms and conditions; WHEREAS, the City has reviewed and considered the renewal request and franchise application and the proposed franchise ordinances; WHEREAS, the City considered and approved Charter's legal, technical and financial qualifications in 1999 when the City approved transfer of rights to Charter; WHEREAS, the City considered FTTH's qualifications in reviewing the franchise application; WHEREAS, federal and state laws and regulations encourage competition in the provision of telecommunications and cable service and the City may not unreasonably refuse to award an additional competitive franchise; NOW, THEREFORE, BE IT RESOLVED THAT, competition in the delivery of cable services may benefit residents and businesses in Albertville by increasing the availability of advanced telecommunications services and infrastructure and contribute to the overall vitality of the community; BE IT RESOLVED FURTHER THAT, Charter possesses the requisite legal, technical and financial qualifications to provide cable television services in the City; BE IT RESOLVED FURTHER THAT, Charter's renewal request is approved subject to Charter's prompt acceptance and execution of the cable franchise ordinance offered by the City; RJV-182100v1 SA230-20 BE IT RESOLVED FURTHER THAT, FTTH possesses the requisite legal, technical and financial qualifications to provide cable television services in the City; BE IT RESOLVED FURTHER THAT, FTTH's franchise application is approved and FTTH is exempted from any requirement to serve homes outside the Towne Lakes development pursuant to Minn. Stat. § 238.02, Subd. 3, subject to: I . FTTH's prompt acceptance and execution of the cable franchise ordinance offered by the City which is substantively equivalent to the franchise offered to Charter; 2. FTTH's ongoing obligation to notify the City in the event home construction in the Towne Lakes development extends into any neighboring municipality, in which case such neighboring municipality must approve an exemption pursuant to Minn. Stat. § 238.02, Subd. 3; 3. FTTH's construction and operation of a system and provision of services in accordance with its franchise application, which is incorporated herein by reference; 4. The City's statutory right to repeal by resolution the exemption pursuant to Minn. Stat. § 238.02, Subd. 3, and impose a service area requirement on FTTH to the extent an identical requirement is imposed on Charter. BE IT RESOLVED FURTHER, that the City Council reaches no conclusion regarding: the enforceability of the "line extension permit"; the nature of the obligations in the "line extension permit"; whether FTTH's proposal is "more favorable or less burdensome" than any service area requirement applicable to Charter; whether certain characteristics materially distinguish Charter and FTTH regarding appropriate service areas. BE IT RESOLVED FURTHER, that this resolution is binding on Charter, FTTH and their lawful successors and assigns. BE IT RESOLVED FURTHER, that this Resolution shall be effective immediately. Approved this day of , 2003 by the City Council of Albertville, Minnesota. Mot Its: ATTEST: By: Its: RJV-182100v1 4 SA230-20 CITY OF ALBERTVILLE, MINNESOTA ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING LLC DB/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Albertville, a municipal corporation of the State of Minnesota ("City") and CC VIIi Operating LLC d/b/a Charter Communications, a limited liability company ("Grantee"). 2. Pursuant to Ordinance No. ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee timely submitted a request for a Franchise. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to grant and issue a Franchise to Grantee. 5. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. Section 1.2 Written Notice. RN-2213740 AL141-35 All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Albertville Attn: City Administrator City of Albertville 8899 Nashua Ave. NE Albertville, MN 55330-7314 If to Grantee: Charter Communications Attn: General Manager 1215 N. 15'' St. - St. Cloud, MN 56302 With copies to: Charter Communications Attn. Government Relations 440 Science Drive, Suite 101 Madison, WI 53711 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance in the exercise of its police powers and as otherwise permitted by applicable law. To the extent required by law, the City will not grant a Franchise for an area included in this Franchise on terms and conditions more favorable or less burdensome than those in this Franchise pertaining to: (1) area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. The City may impose additional terms and conditions in any other Franchises. c. Grantee acknowledges the right of City to issue this Franchise. RJV-2213740 AL141-35 2 { Section 2.2 Franchise Term. This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. Grantee's System will pass and Grantee will offer Service to all dwellings, homes and businesses within the area(s) identified on the map attached as Exhibit A. b. The City does not initially intend to enforce System extension requirements. Upon the City's adoption of a Resolution imposing System extension requirements, the Grantee will extend its System and offer Cable Service to areas not identified in Exhibit A within a reasonable time, not exceeding 120 days, after a request for Service. Provided, however, that Grantee will only be required to extend its System where such extension area has a density of at least nine (9) residential units per one - quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. Where the density is less than that specified above, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of Installation or line extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service 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. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a Hybrid Fiber Coaxial System. The System will provide a minimum of 750 MHz of capacity. Grantee will offer at least 75 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within twelve (12) months after acceptance of this Franchise, except that the Grantee may complete construction of new developments within its franchise area at the same time that other utilities are being installed. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. RJV-221374v3 AL141-35 Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals necessary for Standard Installations without receiving prior approval from the City. A standard pedestal shall be no larger than 2'X 2' and 3' tall. SECTION 4. COMMUNITY SERVICES Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The second PEG Access Channel must be activated within thirty (30) days of City's request after Grantee's completion of System upgrade in accordance with Section 3.2 of this Franchise and thereafter maintained. The VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities and local government on a first -come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first -come, first -served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channel"). The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other System operators in the City. C. Responsibility for PEG Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4.1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities. Equipment and Programming. Upon acceptance of this Franchise, Grantee shall provide City Two Thousand Dollars ($2,000.00) to be used RN-2213740 4 AL141-35 exclusively to purchase PEG Access Facilities. Thereafter, within sixty (60) days of delivery of paid invoices, Grantee shall reimburse City for costs incurred by City in purchasing PEG Access Facilities. Grantee's total obligation pursuant to this Section 4.1(d) shall not exceed Ten Thousand Dollars ($10,000) throughout the term of this Franchise. In the event there is Competition in the City during the term of this Franchise, the City shall ensure that the obligations to support PEG Access Facilities are imposed equally, in a non-discriminatory fashion. e. Future PEG Access Support. In addition to the requirements of Section 4.1(a)-(d) above, the City may require Grantee to collect an Access Fee to purchase additional PEG Access Facilities. The Access Fee must not exceed one dollar ($1.00) per Subscriber per month. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before October 1', to be effective on January 1 S` of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. f. Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who_ requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. g. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. h. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. The Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. RN-2213740 AL141-35 E b. The Grantee must extend distribution cable up to one hundred and fifty (150) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. C. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outlets at their own expense. d. In the event Grantee introduces Internet access service, Grantee shall provide such service and all associated equipment free of charge to City Hall. Grantee shall permit distribution of Internet access service to computer terminals within City Hall. Grantee will not be responsible for the equipment and wiring needed to distribute the service. The City may only use the free Internet access service provided pursuant to this Section 4.2 for use by City staff in official City matters. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. The Grantee must pay a Franchise Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit B attached hereto. Section 5.3 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. RN-2213740 6 AL141-35 At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. a. The Grantee must furnish the City a performance bond in the amount of Thirty Thousand Dollars ($30,000.00.) in a form and with such sureties as are.reasonably acceptable to the City. At the time of acceptance of this Franchise, the Grantee will file with the City a copy of the performance bond. The Grantee must maintain the performance bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The performance bond must be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, 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 the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, will be recoverable jointly and severally from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City must be entitled to collect from the performance bond any resultant damages, costs or liabilities incurred by the City. C. It may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations .may, however, be presumed to. harm the City and the public's interest. Accordingly, the City . may, in its reasonable discretion, collect from the performance bond liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the performance bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights pursuant to the performance bond are in addition to all other rights the City may have. Any action with respect to the performance bond does not constitute an exclusive remedy nor limit any other right. RJV-221374v3 7 AL141-35 Section 6.4 Construction Bond. a. During periods in which System construction rebuild, upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). b. Upon completion of initial System construction within the service area identified on the map attached as Exhibit A. the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid or unenforceable provisions do not substantially alter the agreement between the Parties. In the event such law, rule or regulation is RN-2213740 g AL141-35 subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce. prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise. to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. Section 7.7 Acknowledgment of Validity of Franchise. The Grantee acknowledges that it believes that the terms and conditions of this Franchise comply with current laws, are not unreasonable or arbitrary, and the City has the power to enter into this Franchise on the terms and conditions contained herein. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) days of enactment by the City, unless the time for acceptance is extended by the City.. Acceptance .by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. RJV-221374v3 9 AL141-35 t The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. In the event the Grantee does not timely accept this Franchise in accordance, with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this of , 2003. CITY OF ALBERTVILLE By: Its: IM ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. CC VIII OPERATING LLC DB/A CHARTER COMMUNICATIONS Dated: By: Its: RJV-2213740 10 AL141-35 EXHIBIT A (Service Area Map) RJV-221374v3 11 AL141-35 Buffalo Basic Channels 2KTCA (PBS) 3 TV Guide Channel 4WCCO (CBS) 5KSTP (ABC) 6CSPAN 7 WFTC (FOX) 8 Local Access 9 KMSP (UPN) 10 WGN 11 KARE (NBC) 12 Government Access 13 Education Access 14Great American Country 15 Local Access 16Public Access 17KTCI (PBS) 18KSTC (IND) 19Home Shopping Network 20Comm./Ed. Access 21 KPXM (PAX) 22TBS 23 KMWB (WB) 24QVC Expanded Basic Channels 31 Disney Channel 32Nickelodeon 33ABC Family 34 CNN 35 CNBC 36Headline News 37HGTV 38Nashville Network 39MTV 40 VH-1 41 AMC 42 Lifetime 43 Discovery Channel EXHIBIT B (Channel Line Up) Digital Choice Channels l 00Noggin 104Nick GAS 108Nick Too 112Discovery Kids 116Toon Disney 120BBC America 124Discovery Home 128Discovery en Espanol 132 Style 136DIY 140ESPN Classic 144Boomerang 200Biography 202History International 208Discovery Science 210Discovery Civilization 212Discovery Health 216 Bloomberg 218 Fox Sports World 220ESPNews 228 CNN en Espanol 232 CNNFN/Money 236CNN International 300 Sundance 302Lifetime Movie Network 304Independent Film Ch. 306Fox Movie Channel 312Discovery Wings 314MuchMusic 316MTV2 318 MTV Espanol 320MTV Jams 322VH-1 Classic 324VH-1 Soul 326VH-1 Country. Digital Music Formats 901 Showcase 902Today's Country Digital Premium Channels 500HBO 505 HBO Plus 510HBO Signature 515 HBO Family 520HBO Zone 525 HBO Comedy 530HBO Latino 550 Cinemax 555More Max 560Action Max 565Thriller Max 600 Showtime 605 Showtime Too 610 Showtime Showcase 615 Showtime Extreme 620Showtime Beyond 650The Movie Channel 655The Movie Channel 2 700 STARZ! 705 STARZ! Cinema 710Black STARZ! 715 STARZ! Family 750Encore 755Encore Love Stories 760Encore Action 765 Encore Mystery 770Encore True Stories 775 Encore Westerns Digital PPV 800PPV Previews 80134 PPV Channels 85012 NBA PPV channels 8659 NHL/MLB PPV 8904 Mature PPV channels RN-2213740 AL141-35 12 r 44A&E 45 TNT 46USA 47ESPN 48Fox Sports Net 49ESPN2 50EWTN 51 Weather Channel 52Comedy Central 53 MSNBC 54Sci-Fi Channel 55 Travel Channel 56Animal Planet 57History Channel 58 Cartoon Network 59TV Land 60 Hallmark 61 Food Network 62Golf Channel 63 WE 64Bravo 65 CCMN 66National Geographic 67The Learning Channel 68 TechTV 69Outdoor Life 70 Speedvision 71 Univision 72 FX 73 Fox News Channel 74E! 75 CMT 76Turner Classic Movies 903 Classic Country 904Americana 905 Bluegrass 906R&B and Hip -Hop 907Classic R&B 908 Smooth R&B 909Rap 910Metal 911 Rock 912Power Rock 913 Classic Rock 914Alternative Rock 915 Electronica 916Dance 917 Progressive 918Soft Rock 919Hit List 920Party Favorites 921`80s 922New Wave 923 `70s 924Solid Gold Oldies 925 Singers & Standards 926Big Band & Swing 927Easy Listening 928 Smooth Jazz 929Jazz 930Blues 931 Reggae 932 Soundscapes 933Classical Masterpieces 934Opera 935Light Classical 936Show Tunes 937Contemporary Christian 93 8 Gospel 939For Kids Only 940Sounds of the Seasons 941 Musica Latina 942Salsa Merengue 943 Rock `En Espanol 944Latin Love Songs 945 Mexicana RN-2213740 AL 141-35 13 CITY OF ALBERTVILLE, MINNESOTA ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO FTTH COMMUNICATIONS, L.L.C., A MINNESOTA LIMITED LIABILITY COMPANY, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF ALBERTVILLE, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Albertville, a. municipal corporation of the State of. Minnesota ("City") and FTTH Communications LLC, a Minnesota limited liability company . ("Grantee"). 2. Pursuant to Ordinance No. ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and .construct, operate, and maintain a Cable System in the City. 3. The Grantee timely submitted a request for a Franchise. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to grant and issue a Franchise to Grantee. 5. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. Section 1.2 Written Notice. RJV-221375v3 AL141-35 All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Albertville . Attn: City Administrator City of Albertville 8899 Nashua Ave. NE Albertville, MN 55330-7314 If to Grantee: FTTH Communications, L.L.C. 4483 Evermoor Parkway Rosemount, MN 55068 Attn: John Schultz With copies to: Christopher K. Sandberg Lockridge Grindal Nauen Suite 2200 100. Washington Avenue South Minneapolis, MN 55401-2179 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance in the exercise of its police powers and as otherwise permitted by applicable law. To the extent required by law, the City will not grant a Franchise for an area included in this Franchise on terms and conditions more favorable or less burdensome than those in this Franchise pertaining to: (1) area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. The City may impose additional terms and conditions in any other Franchises. c. Grantee acknowledges the right of City to issue this Franchise. RN-221375v3 AL141-35 2 Section 2.2 Franchise Term. This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. Grantee's System will pass and Grantee will offer Service to all dwellings, homes and businesses within the area(s) identified on the map attached as Exhibit A. b. The City does not initially intend to enforce System extension requirements. Upon the City's adoption of a Resolution imposing System extension requirements, the Grantee will extend its System and offer Cable Service to areas not identified in Exhibit A within a reasonable time, not exceeding 120 days, after a request for Service. Provided, however, that Grantee will only be required to extend its System where such extension area has a density of at least nine (9) residential units per one - quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. Where the density is less than that specified above, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of Installation or line extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service 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. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a passive fiber optic network with fiber extended to the Subscriber's dwelling providing at least the equivalent of 750 MHz of capacity. The System will deliver at least 75 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within twelve (12) months after acceptance of this Franchise. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. RN-2213750 3 AL141-35 a Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals necessary for Standard Installations without receiving prior approval from the City. A standard pedestal shall be no larger than 2'X 2' and 3' tall. SECTION 4. COMMUNITY SERVICES Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee. must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The PEG Access Channels must be cablecast on the Basic Cable Service _tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The second PEG Access Channel must be activated within thirty (30) days of City's request after Grantee's completion of System upgrade in accordance with Section 3.2 of this Franchise and thereafter maintained. The VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities and local government on a first -come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first -come, first -served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channel"). The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other System operators in the City. C. Responsibility for PEG Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4.1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities Equipment and Programming. Upon acceptance of this Franchise, Grantee shall provide City Two Thousand Dollars ($2,000.00) to be used RN-221375v3 4 AL141-35 exclusively to purchase PEG Access Facilities. Thereafter, within sixty (60) days of delivery of paid invoices, Grantee shall reimburse City for costs incurred by City in purchasing PEG Access Facilities. Grantee's total obligation pursuant to this Section 4.1(d) shall not exceed Ten Thousand Dollars ($10,000) throughout the term of this Franchise. In the event there is Competition in the City during the term of this Franchise, the City shall ensure that the obligations to support PEG Access Facilities are imposed equally, in a non-discriminatory fashion. e. Future PEG Access Support. In addition to the requirements of Section 4.1(a)-(4) above, the City may require Grantee to collect an Access Fee to purchase additional PEG Access Facilities. The Access Fee must not exceed one dollar ($1.00) per Subscriber per month. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before October 1st, to be effective on January Is' of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. f. Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. g. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. h. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. The Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. Upon request by the public institution, the Grantee may alternatively install and provide a data service of equivalent market value to Grantee's Cable Service. RJV-221375v3 5 AL141-35 b. The Grantee must extend distribution cable up to one hundred and fifty. (150) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. c. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outlets at their own expense. d. In the event Grantee introduces Internet access service, Grantee shall provide such service and all associated equipment free of charge to City Hall: Grantee shall permit distribution of Internet access service to computer terminals within City Hall. Grantee will not be responsible for the equipment and wiring needed to distribute the service. The City may only use the free Internet access service provided pursuant to this Section 4.2 for use by City staff in official City matters. SECTION 5: ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. The Grantee must pay a Franchise Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit B attached hereto. - Section 5.3 'Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. RJV 2213750 6 AL141-35 Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. a. The Grantee must furnish the City a performance bond in the amount of Thirty Thousand Dollars ($30,000.00) in a form and with such sureties as are reasonably acceptable to the City. At the time of acceptance of this Franchise, the Grantee will file with the City a copy of the performance bond. The Grantee must maintain the performance bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The performance bond must be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, 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 the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, will be recoverable jointly and severally from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City must be entitled to collect from the performance bond any resultant damages, costs or liabilities incurred by the City. C. It may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City may, in its reasonable discretion, collect from the performance bond liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the performance bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights pursuant to the performance bond are in addition to all other rights the City may have. Any action with respect to the performance bond does not constitute an exclusive remedy nor limit any other right. RJV-221375v3 7 AL141-35 Section 6.4 Construction Bond. a. During periods in which System construction rebuild; upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). b. Upon completion of initial System construction within the service area identified on the map attached as Exhibit A, the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid or unenforceable provisions do not substantially RN-2213750 8 AL141-35 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 Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. Section 7.7 Acknowledgment of Validity of Franchise. The Grantee acknowledges that it believes that the terms and conditions of this Franchise comply with current laws, are not unreasonable or arbitrary, and the City has the power to enter into this Franchise on the terms and conditions contained herein. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. RN-2213750 9 AL141-35 Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. In the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this of 12003. CITY -OF ALBERTVILLE By: Its: By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. FTTH COMMUNICATIONS, L.L.C. Dated: By: _ Its: RJV-221375v3 AL141-35 to EXHIBIT A (Service Area Map) RJV-221375v3 11 AL141-35 EXHIBIT B (Channel Line Up) RN-221375v3 AL141-35 12 edAr r GOLF COURSE - ALBERTVILLE City of Albertville 5975 Main Avenue Northeast Albertville, MN 55301 Dear Mayor and Council Members, 3/24/03 I would ask you to reconsider allowing Cedar Creek to re -install our direction sign at the intersection of County Rd. 19 and County Rd. 18. We have had our sign in place at this intersection since we built in 1998. We feel that by not being present at this corner we have no monument for people to recognize and direct them to the facility. Our restaurant has not been successful at the course. We are on our P management team. We now have new management but without an awareness at this intersection it could hurt any efforts we try to implement. As you know the golf course industry nationwide has been financially hurt due to the downturn in the economy. We along with the rest are struggling to compete in this tough market. Our location without access to a major road is an obstacle we must address. Signage helps solve this problem. We are a very large employer in the city of Albertville employing 50 to 65 people at times directly and even more indirectly. In the past we have worked very harmoniously with the City of Albertville to overcome the obstacles in our developments. Please continue to assist us in making Cedar Creek a valued member of the community by exercising the power you have to allow us the use of the sign. Section I 1 allows you to grant us a variance. Section 11. Advertising Device or Business Sign Variance Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Ordinance, the City Council has the power to vary the requirements of this Section in harmony with the general purpose and intent hereof; so that the public health, safety and general welfare may be secured and substantial justice done. When considering a variance, the City Council shall make a finding of fact and grant approval based upon the following conditions: (a) That the conditions involved are unique to the particular parcel of land or use involved. Fact: The conditions are unique because we have a 125 acre facility that allows for a park like atmosphere that is conducive to all families as an amenity for the growth and the overall health of the residence of the Municipality. (b) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved Fact: Cedar Creek provides both a recreational and occupational benefit for the community beyond what ownership may benefit from economically. (c) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel Fact. The location of the Golf Course was determined by sound municipal planning. The entrance to the Golf Course was appropriate based on area geography. There were no mistakes in the planning process. (d) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the City. Fact: Long term lease with property owner has been signed only allowing one sign on property and they agree with use. No other factors or concerns. I would ask that you use Section 11 of the Ordinance to allow Cedar Creek to re -install our sign at the intersection so we can keep competitive with the other Cities in our neighborhood who have Golf Courses. We are trying very hard to make Cedar Creek into a quality facility, the best in the area. Help uspfake Cedar Creek be the best Golf Facility in the area! President 5700 Jason Avenue NE • Albertville, Minnesota 55301 • Office: (612) 497-8245 +, t y .� ber March 23, 2003 To the Mayor and City Council Members of Albertville, Minnesota: I wish to submit my name for consideration for the vacant council seat. Currently, I am serving on the Planning and Zoning Commission of Albertville.. I have served in this capacity for the last three years. In the past, I have served six years on the city council of Minot, ND. Also , I have served as chairman, president, or vice president of numerous committees and organizations. My resume is on file at the City Hall of Albertville. I would be happy to meet with you to discuss this position. Ron Klecker 5524 Kalland Ave. NE Albertville, MN 55301 -- - 763 497-6654 Cottages of Albertville, Two