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10/24/2005 - 6081� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 7:30 p.m. - City Council Chambers Attendance Sheet PLFASF AR/NT NAMS, AaflRFSS AND /i�M NUMBFR YOU ARF /N1'�RFSTFD /N. - .. Print N'ame �Cl+�arly� Address Ir�em No. : `"Ti�rn U��,n �UK�n I��S= 7�� l�e, �J � �- � �s� S . � 5 - � D sl .� �1_ , , �� . � o � �. �/ ' ��°� �- n� �� o� "130 �.s� C� r� �� n.�,�� 3 � �, �- � � , � �� ► �� ; � , � � � �� S- � - z , v, ' � I �� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 i= Cf7Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who requi e auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) �, , . _% .. � `� � � : .<.c. � �.ti-a� - PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: .� �� APPROVAL OF PROPOSED CONSENT AGENDA ,,, �i � �c APPROVAL OF MINUTES: '� City Councif Meeting of September 26, 2009 City Council Meeting of October 3, 2005 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Temporary Outdoor Storage Containers (Zoning Text Amendment, ZTA #05-01, by the City of Fridley) .................................. 1- 3 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requirements (Zoning Text Amendment, ZTA #05-02, by the City of Fridley) and Approve Summary Ordinance NEW BUSINESS: ....... 4 - 8 3_ Resolution Approving a Plat, P.S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the Future Land Swap of Excess Right-of-Way (Ward 3) .....................,. 9 -12 NEW BUSINESS (CONTINUED): 4. Resolution Approving a Plat, P.S. #05-07, 160 Ely Street/1160 Liberty Street Service Drive, by the City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting from a Slightly Widened Service Drive and Allow for the Land Swap of Excess Right-of-Way (1lUard 3) ................................... 13 -16 5. Resolution Approving a Plat, P.S. #05-03, Lots 1-6, Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Generally Located at 1475 and 1485 — 73`� Avenue N.E. (VVard 2) ................................... 17 - 27 6. Approve a Development Agreement between the City of Fridley and Timothy Van Auken (Ward 2) ................................... 28 - 44 Z`� �` � N� Resolution Approving a Minor Comprehensive Plan Amendment, CP #05-02, by Timothy Van Auken, for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73rd Avenue N.E. (Ward 2) .................. 45 - 46 8. Receive Bids and Award Contract for 73'/: Avenue Street Improvement Project No. ST. 2005 — 3(73'/ Avenue Cul-de-Sac Extension) (V1/ard 2) ............................ 47 - 49 , � - FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution Authorizing Changes in Appropriations for the 2005 Budget for January through September, 2005 ................................... 50 - 53 10. Resolution Adopting Assessment for the 2005 Tree Abatement ................................... 54 - 56 ��t1. Resolution Certifying Certain Delinquent Utility ;� Services to the County for Collection with the i, 2006 Property Taxes ......................... 57 - 64 I 12. Claims ................................... 65 , 13. Licenses 14. Estimates .......................... 66 - 69 �.�� ADOPTION OF AGENDA. �` �� y�v � � OPEN FORUM (VISITORS): 70 Consideration of Items not on Agenda —15 Minutes ��S P� . ,� PUBLIC HEARINGS: �P��, �� " g l �. 15. Consideration of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees (Text Amendment, TA #05-09, by the City of Fridley) ... 71 - 72 �.�� , �q�.� �g �ag � r� : n �, 5y � �' � 2�`AS� t�P£�• 16. Consideration of Proposed Assessment for 2005 Nuisance Abatement ............. 73 - 74 \ �( C',l.o�'�o �_ �.� � �� p.�" �b15� `P� � r , -. Y � � PUBLIC HEARINGS (CONTINUED}; ,,S�P�� , g -: e o � � (��'��' 17. onsideration of Proposed Assessment for �, Street Improvement Project No. ST. 2005 —1 ................................... 75 - 76 � y��7 �g � ; � � � � p �, � g � (1,q,�(�-A- � f �,�'� S� e F�� , g-. 2��,,,,� s g J� 6 �� pP�� 18. Consideration of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services within and for the City and its Residents ................................... 77 -128 C(.�a S � � "�I'. o y ��+�-''�I �.�' NEW BUSINESS: 19. First Reading of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services within and for the City and its Resid nts ........ .......................... 77 - 128 ,r�—r� g �,�-�/� � �- s�_-� ►�� - �,,.,5 Q ,.,�� 20. First Reading of an Ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Soci I Skill ......... ........ . 129 -137 Py�� 5�4 �� '( 31-13� � I P• � �.��'j 21. First Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses ........ � ..c� ..... ........... 438 -150 ��.��.�1� ►��'�`�� 22. Resolution Authorizing Application for the Tax Base Revitalization Account {By JLT East River Road, LLC, Generally Located at 5601 East River Road) (Ward 3) . 1 1-155 G�b �'�� I A��c�� ,,�,� 5 g A�- � I y' r � ` .. ' FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24 2005 PAGE 3 NEW BUSINESS (CONTINUEDI: 23. Resolution Adopting Assessment for 2005 Nuisance Abate en ............. 1 6- 158 y�s� ��1�� 24. Resolution Adopting Assessment for Street Improvement Project No. �`� ST. 2005 —1 .................................. 159 - 206Q� �j �' ��,��,�pC°z�' �`' 1 � Q�'�'�k �" `ZS2' �,p,� �, � v . -tiJ` �� . � �, �ti � 25. Informal Status Reports .................. 207 ADJOURN. �'� . � ` I- � �-�-1,�/,�--�- �� ' Z��. � �� '�� , ,�� S (�, �� ;��I� ` ,� I� � i � .� ►� � _,�-� . - .� ,. � �� z� �. �� ,, s�,, �� CITY COUNCIL MEETING OF OCTOBER 24, 2005 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 26, 2005 City Council Meeting of October 3, 2005 OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Temporary Outdoor Storage Containers (Zoning Text Amendment, ZTA #05-01, by the Cityof Fridley) .............................................................................................. 1- 3 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requirements (Zoning Text Amendment, ZTA #05-02, by the City of Fridley) and Approve Summary Ordinance ...................................................................... 4- 8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Resolution Approving a Plat, P.S. #05-06, 151 Glen Creek Road, by the City of Fridley, for the Purpose of Correcting and Clarifying Right-of-Way Boundaries and Allowing for the Future Land Swap of Excess Right-of-Way (Ward 3) .................................................................................. 9 - 12 4. Resolution Approving a Plat, P.S. #05-07, 160 Ely Street/1160 Liberty Street Service Drive, by the City of Fridley, for the Purpose of Correcting Right-of-Way Lines Resulting from a Slightly Widened Service Drive and Allow for the Land Swap of Excess Right-of-Way (Ward 3) .................................................................................................. 13 - 16 5. Resolution Approving a Plat, P.S. #05-03, Lots 1-6, Van Auken Addition, by the City of Fridley, for the Purpose of Creating Four New Lots, Generally Located at 1475 and 1485 — 73rd Avenue N. E. (Ward 2) .................................................................................................. 17 - 27 6. Approve a Development Agreement between the City of Fridley and Timothy Van Auken (Ward 2) .......................................... 28 - 44 7. Resolution Approving a Minor Comprehensive Plan Amendment, CP #05-02, by Timothy Van Auken, for Property Located on Lots 1-6, Van Auken Addition, Generally Located at 1475 and 1485 73rd Avenue N. E. (Ward 2) ............................................................................ 45 - 46 8. Receive Bids and Award Contract for 73'/ Avenue Street Improvement Project No. ST. 2005 — 3(73'/ Avenue Cul-de-Sac Extension) (Ward 2) ....................................................................................... 47 - 49 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Resolution Authorizing Changes in Appropriations for the 2005 Budget for January through September, 2005 .................................................................................................. 50 - 53 10. Resolution Adopting Assessment for the 2005 Tree Abatement.................................................................................................. 54 - 56 11. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2006 Property Taxes .................................................................................... 57 - 64 12. Claims .................................................................................................. 65 13. Licenses .................................................................................................. 66 - 69 14. Estimates .................................................................................................. 70 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 15. Consideration of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees (Text Amendment, TA #05-09, by the City of Fridley) .............................................................. 71 - 72 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 PUBLIC HEARINGS (CONTINUED): 16. Consideration of Proposed Assessment for 2005 Nuisance Abatement ......................................................................... 73 - 74 17. Consideration of Proposed Assessment for Street Improvement Project No. ST. 2005 — 1 ........................................... 75 - 76 18. Consideration of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services within and for the City and its Residents.................................................................................................. 77 - 128 NEW BUSINESS: 19. First Reading of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose of Granting, Pursuant to Section 10 of the Fridley City Charter, a Franchise to Time Warner Cable for the Purpose of Providing Cable Services within and for the City and its Residents.................................................................................................. 77 - 128 20. First Reading of an Ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Social Skill ................................................................................. 129 - 137 21. First Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses.................................................................................................. 138 - 150 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 5 NEW BUSINESS: 22. Resolution Authorizing Application for the Tax Base Revitalization Account (By JLT East River Road, LLC, Generally Located at 5601 East River Road) (Ward 3) ............................................................. 151 - 155 23. Resolution Adopting Assessment for 2005 Nuisance Abatement ......................................................................... 156 - 158 24. Resolution Adopting Assessment for Street Improvement Project No. ST. 2005 — 1 ........................................... 159 - 206 25. Informal Status Reports ............................................................................. 207 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 26, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Wolfe Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Layne Otteson, Assistant Public Works Director Richard D. Pribyl, Finance Director/Treasurer Don Abbott, Director of Public Safety PRESENTATION REGARDING STORM: Don Abbott, Director of Public Safety, stated the storm hit at approximately 7 p.m., Wednesday, evening, September 2L Most of the damage in the City occurred within the first 45 minutes. Rainfall continued for several hours with more than three inches being the total estimated by the National Weather Service. The National Weather Service conducted a survey which concluded the damage in Fridley occurred both from a downburst and also from basically a large rotational storm, not specifically referring to a tornado. Tornadoes can be spawned out of those storms, but there is no indication of traumatic activity having occurred in the City that night. Wind speed estimated by the National Weather Service was 50 to 70 m.p.h. Director Abbott stated storm damage included power loss to the City at approximately 7:12. That is the time the clock stopped at City Ha1L Many power lines were downed by falling trees. They estimate that they lost approximately 95 percent of power within the City and most of that remained down for the first 12 hours. The City also suffered approximately 15 gas line ruptures during the storm. The storm damage included street flooding which stalled several cars. The worst area was under the bridge on Mississippi Street near the railroad tracks. There was approximately 12 to 15 feet of water in that area on Wednesday evening, and a substantial FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 2 amount remained at 11:00 a.m. Thursday morning. They did have a report of one semi-truck southbound on Highway 65, north of 694, which was blown over by the wind during the storm. Streets were also blocked by downed or low-hanging power lines. All semaphores/stoplights in the City were inoperable due to power outage. It has since been estimated that approximately 300 homes were damaged in some way mainly by falling trees, rather than direct wind damage. Director Abbott stated the City responded with its Emergency Operation Center (EOC) at 8 p.m., Wednesday, September 21. Police, Fire, and Public Works established a unified command to coordinate the response of all police, fire and public works staff. They concluded that there were two primary damaged corridors through the City; both traveling from northwest to southeast. The northerly damage slot initiated around the 7800/7900 block of Alden Way and traveled to the southeast, leaving the City of Fridley at approximately 73rd and Stinson. The southern damaged slot was a bit wider, north of Mississippi Street at the river, and then traveled southeast, moving into New Brighton in the area of Totino-Grace High School. Damage was more widespread outside those areas. Director Abbott stated City Hall lost all of its telephone lines and computer network They were operating on generated power only. It was used for emergency analog telephone lines into the Emergency Operations Center. All 911 calls continued to be handled through the Anoka County 911 dispatch center in Anoka. Additional staff were called in for Police, Fire, and Public Works. They prioritized life safety issues first, such as downed and sparking power lines, motorists trapped in flooded cars, and any types of accidents or injuries. They had some medical calls, but there were determined not to be a direct result of the storm. They then worked on hazard issues which were additional downed power lines and the semaphores which could become life safety issues. Finally, they worked on security issues with the City out of power for the evening. Priority was placed on clearing streets for emergency and recovery access. Street, sewer, and water crews worked throughout the night. Director Abbott stated Police and Fire responded to 117 calls for service in the first four hours after the storm. A couple of specific calls included one child on dialysis that had approximately eight hours to survive without power. They took him to a relative's house where power was available. The Fire Department responded to three calls to assist people who were on home oxygen. Throughout the storm they had reports of volunteers or community emergency response team volunteers and residents assisting with clearing storm sewers and traffic control during the storms, as well as removing debris and trees from the streets. Temporary stop signs were erected at all controlled intersections. The Fire Department responded to one call of a small fire on Wednesday evening in a home caused by a candle that was used for illumination. Fridley Police arranged for the Red Cross assistance and shelter of one person. Police and Fire have responded to more than 345 calls since the storm hit. Normally in this period of time they would have responded to approximately 160 calls. Director Abbott stated Mayor Lund conducted an aerial survey of the damage in a State Patrol helicopter on Thursday morning. Following that he declared a State of Emergency in the City at approximately 1 p.m. on Thursday and that was for 72 hours. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 3 Director Abbott stated City staff volunteered to deliver ice to residents in the more affected areas until they ran out, and that was donated by Arctic Glacier Company from North St. Paul. Interstate Power Systems out of Minneapolis donated the truck and the driver. Director Abbott stated at the time this presentation was prepared late this afternoon, power was back to all but 1,400 customers in the City which would be 90 percent. Since that time, updates indicate the number of customers without power has decreased even more. As of late this afternoon, major areas remaining without power, were Melody Manor, portions of Sylvan Hills, and the Locke Lake neighborhood. Information was that all those areas have had power restored. It does not mean that every single house and block in those areas have power. There are still some isolated power outages and there probably will be for another day or two. As far as they know all streets are passable and most have been cleared almost entirely. All of the semaphores are operating. The Police Department is continuing extra staffing for security in areas without power, and they have only had one burglary reported during the power outage. They expect no federal disaster declaration. Director Abbott stated what worries them at this point is that more injuries typically occur in the cleanup or recovery from a storm than it does from the storm itself. They have actually seen that borne out here as they had no injuries reported during the storm, but two tree trimming injuries requiring medical transport have been reported since the storm. He would like to remind people not to work on, around, or near any downed power lines. They may become active again at any time without any warning at all. Stay away from power lines until Excel Energy has repaired, replaced, or controlled them. Exercise caution working with chain saws, on ladders, on your roof, or near any other power equipment. Use caution if still cooking on camp stoves or grills indoors and with alternative lighting such as candles. Finally, they would recommend that people turn off their generators before fueling them. Layne Otteson, Assistant Public Works Director, stated they have been really busy. They had three wells, two pressure boosters, and one supply booster under generator power. The sewer system operated under generator power also which included 13 sanitary lift stations (3 of those are stationary generating units). Two mobile units operated 10 different lift stations. Both mobile units were behind a pickup, and they would go from lift station to lift station throughout the night and throughout the day, continuing a rotation. There were a lot of trees down and road closures. They began clearing the streets at about 8 p.m. They did the main line roads first. They assisted Fire and rescue operations and barricaded downed power lines and closed streets. They had some flooding due to the rain intensity and the debris blocking the street drains. Mr. Otteson stated they did extend their work hours. They have been operating on generators 24/7 from the time of the storm. Personnel came in at 8 p.m. They were on-call immediately and worked until 2 a.m. on Thursday morning and then most of them went home Sunday. Currently the Public Works staff is working from 7 a.m. to 5:30 p.m., Monday through Friday. All Streets and Parks personnel are working on tree cleanup. Water and Sewer personnel are back to normal operations. The water supply did not have any contamination. The water supply system has 100 percent power. They do have two lift stations that are still running on generators, and they have personnel who are continuing to monitor those 24/7. They have looked into renting equipment for their loaders, and should get some equipment this week to assist and help FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 4 keep costs down. They have also hired two tree contractors to assist with tree removal and boulevard cleaning. Mr. Otteson stated they are going to do a tree disposal program which will include the pickup of logs and branches at the curb. They will be picking up trees that are in the public and private areas. Residents can also take tree debris to the north end of the parking lot at Columbia Arena. They are partnering with Columbia Heights and Spring Lake Park, and making that area available to the residents of those three cities. The pile will be chipped and hauled out by a contractor. The disposal site at Columbia Arena will be staffed from 8 a.m. to 7 p.m., Monday through Friday and 8 a.m. to 4 p.m. on Saturday and Sunday. They will be securing the entrance and exit. There will be a perimeter fence around it and barricades, and a disposal permit will be required. The disposal permits will be available at Columbia lce Arena and also City Hall. They will be available for residents of the three cities. Residents will need to show proof of residency and will be able to dispose of logs and branches for free. Contractors will need a city license from Fridley, Spring Lake Park, or Columbia Heights. They will also need a copy of the contract from the resident they are working for. There will also be a per dump fee for contractors. For a pickup-sized vehicle, it will be $25; vehicles bigger than that, the fee will be $50. Mr. Otteson stated the curbside pickup will begin in the hardest hit areas. They are going to start with the major arterials so that they can get them opened sooner and will then go into the neighborhoods. It will probably take a couple of months to get everyone taken care of. They would like to ask the residents to place their logs and branches behind the curb and cut the logs into 4-foot lengths. They will also be taking the stumps after they are finished with the logs and branches. He also said they wanted to thank the Fridley residents for helping. Mayor Lund asked residents not to leave any of the debris on any of the streets. He asked about the tree stumps. Mr. Otteson stated the first stumps they will remove are those in the right-of-way. If they are on private property, residents can move the stumps, put them on the boulevard, and the City will pick them up. Residents can also take them to the Anoka County facility. Stumps will be removed separately. Mayor Lund asked about any cost estimates. Mr. Otteson replied it is really tough to estimate as they do not know how many people will be using their services. It could be $200,000 to $300,000. Councilmember Bolkcom asked about the disposal permit. She also heard that logs/branches had to be 8 feet. Councilmember Wolfe commented that he originally heard it was 6 feet. Mr. Otteson stated the 8-foot length came from the County. Depending on the type of equipment they will be using, they can handle 4-feet without a problem. If they start getting the 8-footer lengths and they have some 30-inch diameter logs, they are going to have trouble FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 5 picking them up and will have to look at specialized equipment. If the logs are smaller in diameter, they can handle 8-foot lengths. Councilmember Bolkcom stated she was just concerned because a lot of people did call into the City and were told 8-feet. Now they are going to have to undo their piles. She also commented she thinks it is wonderful they are doing this. Mr. Otteson clarified it is 4 feet. If someone has an 8-foot log and Public Works cannot handle it, they can cut it up quick If there are a bunch that are 8, 10, 12 feet long, they will address that issue. He thinks they can take care of a lot of that but he wanted the information to go out now that 4 feet is what they can handle. Mayor Lund stated the County has said they will do a curbside pickup but, from what he is hearing, they have plenty of area to cover, and they will be slow in getting to us. To expedite this, the City is taking the initiative by starting to do a cleanup. Councilmember Bolkcom inquired about the Anoka County Compost site. Mr. Otteson stated the compost site memorandum came out this afternoon and they are going to extend it another week It will be open until next Monday, October 3. They are open Monday through Friday, 8 a.m. to 7 p.m., and he believed on Saturday, from 8 a.m. to 7 p.m. He suggested people contact the County to check on the hours. Councilmember Barnette asked Mr. Otteson to state where it is located. Mr. Otteson stated from the City of Fridley, take Highway 47 or 65 north and j oin with US 10 goin�u northwest. Exit on Hanson Boulevard and go north about three miles. Take a right at 133r . It is clearly marked. Councilmember Bolkcom asked if there was any benefit to having volunteers on the weekend to help people unload their stuff quicker. Mr. Otteson replied they anticipate on Saturday it will be very busy and on Sunday it will be somewhat busy also. They have looked at staffing and think they are going to need about four, maybe five, people on Saturday. They can have some people on standby to be called in to help. They could consider volunteers, but there may be some liability issues. All the information will be on the website. William Burns, City Manager, commented regarding the disposal permit, they are sharing this responsibility with Columbia Heights and Spring Lake Park. While they are trying to separate the three cities, the disposal permit will help them to allocate costs among the three cities. They are also billing the contractors using the site. They will not be collecting money at the site. Councilmember Bolkcom asked about the possibility of any State funds. Mr. Otteson replied possibly if the State decides to provide some recovery. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 6 Councilmember Bolkcom commended the City staf£ She said as usual, they arose to the occasion and she has only heard good, positive things about people. Mayor Lund commented how he was very pleased to see how the citizens have really lived up to the virtue of patience, and they have shown it very well in this big storm. There are many instances of how citizens have been very helpful and reached out to others, and he wanted to comment on a couple of them. Dan Gillette, an employee of Cummins knew there was an apartment building with heavy damage across the street from their facility on 73rd. They went over there to give the residents lunch, and quickly ascertained there was a much greater need than just feeding them. All of the 18 units had to be vacated and a number of employees over at Cummins spent the entire day on Thursday until dark, helping the residents move out of the apartment building. He wanted to thank Cummins, Dan and the other employees for their much- needed help. A resident contacted him Saturday morning and alerted him to a concern that he felt was related to the health and safety at Norwood Square which has a number of senior residents. They did not have power and needed electricity. Staff then was very quick to get a generator over there. Mayor Lund stated he felt there are many instances and he wanted to commend the Police Department, the Fire Department, and all of the City staf£ They have done an outstanding job. Councilmember Barnette stated the thing he noticed the most was how patient and understanding people were. It is no fun to say to people, your power might be out up to five days but they would understand. This is a tribute to the resiliency of people, when emergencies occur, and how quickly they are to help one another. He saw that all over. He is very proud to live in Fridley. Councilmember Wolfe asked people to be please be patient. They are up and down the poles in the dark, working hard 24 hours a day, and he was really impressed. PROCLAMATIONS: • Fire Prevention Week: October 9-15, 2005 • Toastmasters Month: October, 2005 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 12, 2005. APPROVED. NEW BUSINESS: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 7 1. Receive the Minutes from the Planning Commission Meeting of September 7, 2005. MINUTES RECEIVED. 2. Comprehensive Sign Plan for Pawn America, Generally Located at 785 — 53rd Avenue N.E. (Ward 1) Dr. Burns stated the sign meets the City's criteria for signage of a multi-tenant building, and they are recommending Council's approval. APPROVED. 3. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley VFW, Post 363. Dr. Burns, City Manager, stated the VFW's current permit expires on February 28, 2006. The new permit would run between March 1, 2006, and February 28, 2008. Staff is recommending Council's approval. Mayor Lund asked if there was a timeline when an application comes before them for a lawful gambling permit. Mr. Pribyl, Finance Director, stated the VFW was late in getting there application in the last time and did not have a permit for a week or two. After the application is approved by Council, there is a review process at the State level. The VFW just wanted to make sure they got the application in early enough. ADOPTED RESOLUTION NO. 4. Resolution Designating Time and Number of City Council Meetings for 2006. ADOPTED RESOLUTION NO. 5. Appointment — City Employee Dr. Burns, City Manager, stated they are recommending the appointment of Cynthia Bobick to replace Tammy Christiansen at the front desk The position is officially named "Accounting/Data Processing Clerk-Cashier." Cynthia has been employed at the Fridley Liquor Store, has performed there capably, and staff is recommending Council's approval. APPOINTMENT APPROVED. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 8 6. Claims (123305-123480). APPROVED. 7. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette to approve the consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of an ordinance claiming a State of Emergency within the City. Seconded by Councilmember Wolfe. Mayor Lund stated he would place the Ordinance on as Item 9A. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Jason Arth, 5629 North Danube Road, stated he was approaching the Council this evening in regards to the neighborhood of Totino-Grace--specifically their students and teachers--about not stopping at the stop sign in the neighborhood of North Innsbruck, North Danube, and Harbor Streets. All it takes is one child to get hit. He has lived in the neighborhood for six years, and has been in touch with the Fridley Police Department. He has seen a few patrols in the neighborhood and saw them hand out a few a tickets but the problem is still there. Mayor Lund acknowledged that Mr. Arth had sent a letter previously to them and they had a conversation the night before. The letter was brought up before Council and they did discuss it. Since his conversation with Mr. Arth, he did place a call to Totino-Grace to talk to them. He will let Mr. Arth know the result. Mr. Arth stated it is frustrating, and it's almost impossible for him to pull out of his driveway in the morning to go to work. Councilmember Bolkcom asked there should be some type of neighborhood meeting with Totino-Grace. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 9 Mayor Lund stated he has spoken with Brother Milton Barker in the past and he was going to ask him what his solutions or remedies were. Councilmember Wolfe stated he agrees. It happens at intersection near his house every day. Mr. Arth stated it is frustrating. When Totino-Grace had their first home football game of the season, there were non-stop cars going through. He said to try driving down Arthur Street behind Totino-Grace when there is a football game when cars are parked on both sides. You can only get one vehicle at a time down the street. He asked what would happen if there was a fire. Councilmember Wolfe commented he thought they were not supposed to park on both sides of the street. Mr. Arth stated they can, after school hours. Councilmember Wolfe stated he would think that would be dangerous even after hours. Mr. Arth stated the signs all up and down Arthur Street state No Parking Between the Hours of 7 a.m. and 3 p.m. After that they are free to park there. Councilmember Wolfe stated it would be tough to try and get a fire truck down there. Karen Engler, 5202 Pierce Street NE, stated she has watched the Council meetings for a long time and she knows many times they are blamed for a lot of things. She said on Saturday she was very impressed when Mr. Hickok's daughter came to her door and asked if she needed water and if she was okay. She thinks that was pretty great. She thought somebody should come before them and acknowledge that and she thanked them. PUBLIC HEARINGS: 8. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Temporary Outdoor Storage Containers (Zoning Text Amendment, ZTA #05-01, by the City of Fridley). MOTION by Councilmember Wolfe to waive the reading and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:27 P.M. Scott Hickok, Community Development Director, stated this request resulted from a question in the council/commission survey. They have had a few businesses contact the City over the years requesting the ability to have outdoor storage by way of using temporary seasonal outdoor storage regulations. The current zone regulations do not permit this type of storage in the City, and the council/commission survey showed much support for this code change. Regarding which districts—this is something that has been discussed, and it would not be the G1 District FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 10 because the lots are generally too small to provide or allow enough space for proper screening. The G1 districts are the neighborhood commercial districts, and they have a lot size of 2,000 square feet. Mr. Hickok stated the procedure for the permit would be similar to a temporary outdoor sales permit. There would be a maximum duration of 90 days, a fee of $75 with a$300 refundable deposit. A business would submit drawings showing how they can meet all of the requirements on the site. The reason they need a permit and a pay a fee is because anything that has enforcement about it has a cost attached to it, and this has been determined to be the appropriate fee to cover costs of administration. The $300 would go back to the operator, owner of the site, or tenant, in the event they remove the container in a timely fashion. Otherwise the $300 would be used by the City to have arrangements made to remove the container. Mr. Hickok stated the container needs to be on a paved surface. It needs to be screened from the right-of-way, residential areas, and parks. It needs to have architecturally-compatible screening so it does not jump out and look inappropriate or like it is not part of the plan for that complex. They need to have adequate parking and safe circulation. There is a maximum of one use per year and 90 days for that use. There is a three-permit limit on a multi-tenant building; much like they do on the temporary signs and multi-tenant buildings. There would be three available in this case, and it would be up to the owner of the complex to sign off on those three. Finally, they would have to comply with all State fire and safety codes and ordinances in the City. Mr. Hickok stated the Planning Commission held a public hearing on September 7. No one appeared to speak for or against such modification of the ordinance, and a motion was approved unanimously after some discussion. There has been a minor change since the hearing that he would like to point out. The Planning Commission, in their motion, included the G1 district which was erroneous. Staff also discovered that besides the outdoor storage, the accessory use sections of the C-2 and C-3 zoning should be amended so that it is easier to understand. The ordinance draft in Council's packet clarifies this proposed change. Staff concurs with the recommendations of the Planning Commission but proposes additional language changes as mentioned for the C-2 and C-3 districts. Staff further recommends using the newly-created permit application form that appeared in Council's packet. For anyone who is interested, they would be glad to show them the changes and talk to them. The next step is the first reading of the ordinance, which will occur at the October 3, 2005, City Council meeting. Councilmember Wolfe asked, since this is a temporary permit, why screening needed to be architecturally compatible. Mr. Hickok stated for the types of businesses that have requested this, it is an ongoing situation for them. It is an annual situation where they have a block of time, a quarter of the year, when that they need to use the container. For that purpose, the screening requirements should stand. It is their belief that containers can be unsightly and could be positioned in areas that are within sight of adjacent properties and impact them. There are a number of different solutions for screening. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 11 Councilmember Barnette asked Mr. Hickok for an example of a business that might use it for a 30-day period and then one that might use it for 90 days. Mr. Hickok stated there are certain retailers that have Christmas demands and they start bringing in Christmas products in late October, early November, and then have them throughout the holiday season. That will probably be one of the primary candidates for the 90 days. It allows a business to get through the season without having to build additional building space to accommodate that 3-month period. He knows certain retail businesses that have an incredible Mother's Day demand where they have about a month window of time where they have Mother's Day products from early April until Mother's Day but they would not use it beyond that. Dr. Burns asked if this could include a situation where maybe a person was remodeling and they had to bring new product out of the store for a short period of time. Mr. Hickok stated that is another good example. Although when they have permits, oftentimes storage containers are already permitted. Because of a catastrophe such as a fire or storm, they might have merchandise or store fixtures that they need to set aside while they make repairs. Councilmember Bolkcom asked if it was for storage. Mr. Hickok replied, yes. Councilmember Bolkcom said it was only for storage. They can have storage behind their business and bring the product into their store, but it is not to be used as an additional place to sell flowers or meat, etc. Mr. Hickok said it was only for storage. No other purpose. There are special use permits for other demands that they might have. Councilmember Bolkcom asked if they had any idea how many permits they were looking at. Mr. Hickok stated he could think of two businesses that were waiting for them. Beyond that, he does not see right now the City being flooded with applications. Dr. Burns commented this legislation came about as a response to requests from the business community. Mr. Hickok stated this is a direct response to people who had spoken with staff. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:42 P.M. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 12 9. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Parking Stall Requirements (Zoning Text Amendment, ZTA #05-02, by the City of Fridley). MOTION by Councilmember Wolfe to waive the reading and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:42 P.M. Scott Hickok, Community Development Director, stated as part of the Target Superstore and the CVS Pharmacy projects, they talked about parking space and the City Code requirement for the number of parking spaces. It was evident through those development projects and also in the cases of Wal-Mart, Walgreens, and Home Depot that the City requires too much parking. This ordinance amendment would reduce the amount of parking they require relative to the building size. Currently in the G1, C-2, and C-3 commercial districts they require that all building areas have the relationship of 150 square feet of building area for every stall that is provided outside which calculates out to 6.7 stalls per 1,000 square feet. They found out from Target's recently presented research data that on their busiest day, they needed 3.8 stalls per 1,000 square feet. They also checked other cities to compare. They did find there was more parking demand in Fridley than in the communities they checked. The range is from 2.5 in the inter-city up to 6.7. The first-ring suburbs have generally begun to reduce their parking requirements. Golden Valley is the only community that they found matches Fridley. This changes the parking stall ratio of 1 to 250 or 4 per 1,000. It would remove the optional speculative parking ratio of 1 to 200 for those in the G1 through C-3 Districts. Speculative ratios generally apply to multi-tenant buildings where the owner or developer is building a building but not knowing which kind of parking demands they are going to have because they do not know who the tenants are who will fill the space. Staff is allowing them a bit of a break there with the 1 to 200 ratio. As they now revisit this and look at a 1 to 250 ratio, that would remove the speculative parking ratio. They also removed the optional office space ratio of 1 to 250 because it would not exactly match what they are recommending. In essence, it makes it much simpler for the development community and it matches what their studies show they should be doing. They are not suggesting in their recommendation that they do anything with the parking stall width. That is at 10 feet in Fridley and nothing is being proposed to modify that. Mr. Hickok stated this really would afford more opportunity for green space, it would lessen the storm water runoff impact from a site, and it would reduce the heat island effect. Less variance requests will come as a result of this, and more efficient use of commercial properties could result from this modification. The Planning Commission held a public hearing on September 7. No one from the public appeared to speak either for or against this. A motion was made and passed unanimously to approve ZTA #OS-02 as proposed. The recommendation for Council this evening is to hold the public hearing and take public comments. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:48 P.M. 9A. Ordinance No. 1207 of the City of Fridley Declaring the Existence of a State of Emergency within the City and Ratifying Certain Actions. Richard Pribyl, Finance Director, stated on September 22, 2005, the Mayor for the City of Fridley declared that a State of Emergency existed in the City within the meaning of applicable Minnesota and Federal law. The City Council of the City of Fridley wishes to acknowledge, ratify, and extend the State of Emergency declared by the Mayor until such time as the conditions endangering the public in the City are found by the Mayor and public safety officials to have passed. MOTION to waive the reading of the ordinance and adopt the ordinance. Seconded by Councilmember Wolfe. Councilmember Bolkcom asked how long the ordinance would last. Mayor Lund replied there are certain conditions that allow the Police Department to take action immediately. It also helps keep them in compliance with State and Federal assistance if it should become available. Councilmember Bolkcom asked who would decide how much further this would go. Mr. Pribyl stated the statute itself actually allows the Mayor by this public declaration to end it when it appears that the public safety officials, the Public Safety Department, the Public Works Department feel that the safety of the public is well within hand, that power has been restored, and all the services are back in order again. He thought that what would happen is their recommendations would come to the Mayor and Council and a recommendation would be made that the public declaration take place ending the State of Emergency. Mayor Lund stated he would assume most likely they will get an update from City staff, and they will bring it to the Council in one week when they have another Council meeting and, at that time, they can declare the emergency need is over. Layne Otteson, Assistant Public Works Director, stated that he concurs with everything that has been said. It provides for an expedited process of allowing and providing for utility crews to enter onto or across private properties to restore utilities for the greater good of the neighborhood. They are beyond the 90 percent point, so they are very close to the end. Mayor Lund commented that they are following the guidelines under FEMA and Homeland Security. Dr. Burns, City Manager, stated they are also following recommendations of the State Department of Public Safety as well. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 26, 2005 PAGE 14 Councilmember Bolkcom asked if they could get some type of estimated cost. Dr. Burns said they could. Mayor Lund said staff has been speaking with neighboring communities about sharing costs. Councilmember Bolkcom asked if they could contact the Governor and ask for some funding. Dr. Burns said as soon as they have a better handle on the costs. They had a nice response from our State Representatives, Connie Bernardy and Barbara Goodwin, who came to the City and were very emphatic about wanting to help. 10. Informal Status Reports Councilmember Barnette said the Fire Department will be having an open house on Saturday, October 8, from 11 a.m. to 3 p.m. Mayor Lund stated the Senior Safety Camp is back by popular demand. It will be held Wednesday, September 28, from 8:45 a.m. to 2:30 p.m. The cost is $5 and does include lunch. Dr. Burns wanted to again thank the department managers for their fine cooperation following the storm. They are always very team-oriented but in this case, they went above and beyond. The level of cooperation from staff has been fantastic. He wanted to thank them for all of their hard work. Councilmember Barnette stated the City will be holding a Recycling Drop-Off Day on Saturday, October 8, from 9 a.m. to 1 p.m., behind Columbia lce Arena. They will take up to 10 fluorescent bulbs free. Electronics, appliances, air conditioners, and other things can be dropped off although there will be a charge for some of those items. For information, ca11763-572-3607. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:59 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 3, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Wolfe Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard D. Pribyl, Finance Director/Treasurer UPDATE ON STORM CLEANUP: Mr. Haukaas, Public Works Director, stated they are probably about 20 percent done picking up trees and brush throughout the City. The County has cleared their roads. He said they are running two crews of contractors plus their own personnel. They expect to put at least two more crews together with the help of the State and the County. They have had a very successful drop- off site at Columbia Arena for the last two weeks. They are going to try to keep it open one more weekend. Right now they have a crew in the southeast corner of the City, just north of Totino-Grace, a crew in the central part of the City, north of Hayes School, and a crew north of 73rd Avenue. These are some of the hardest hit areas. They expect it will take at least three or more weeks to finish up what they are doing right now. They are moving as fast as they can but it is a slow process. Mayor Lund asked what the policy was for stump grinding and removal. Mr. Haukaas stated if the stumps are removed and placed on the boulevard, they are picking them up. If it is a boulevard tree, and they have identified all of those, the City will come and grind the stump up. For trees in people's yards, the stumps are going to be their responsibility. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 2 Mayor Lund asked if the trees had been identified on the right-of-ways and if the City would be back in the spring to remove the stumps, fill the holes and reseed. Mr. Haukaas said they do not believe they will be able to get to all of the stumps this fall. They will have to go back in the spring and, at that point, they will fill the holes with black dirt, reseed, and ask the homeowners to water it. Mayor Lund asked what they are going to do about replacement trees. Mr. Haukaas stated the City will not be replacing any of the boulevard trees. If a resident wants to put in a new tree, they ask that it not be put in the right-of-way. It must be planted on the homeowner's property. They need to keep the right-of-ways clear for safety, utilities, and all other work that goes on. Mayor Lund asked about any damage resulting from the curbside collection. Mr. Haukaas replied they simply cannot go around repairing that. At this point, they are concentrating on picking up the brush. They cannot rake it or clean it up. They are asking the residents to repair their yards. Mayor Lund stated it may be a little harder for the seniors but perhaps the residents and businesses could all pitch in a little bit and help them. Mr. Haukaas mentioned there is a senior program they can contact. Dr. Burns, City Manager, added the program is called, "Chores and More." Councilmember Wolfe stated regarding the stump in his yard, the size is so large, if by some miracle he gets it to the boulevard, should he try and get it to Columbia Arena? Mr. Haukaas replied something that large will probably have to be pieced up. Right now they are still taking some stumps. That could be taken directly up to Anoka County. Councilmember Barnette asked if the Anoka County compost site on Hanson Boulevard is still taking the tree brush, free of charge, from Anoka residents. Mr. Haukaas stated he believed they are charging $10 a load. Right now they are taking brush. They cannot take any building materials. Councilmember Bolkcom asked what residents could do to help. Mr. Haukaas replied the biggest thing is to keep the debris in a clear area. Some people are putting it on their landscaping so it does not harm their grass, but that is even worse on their landscaping because they are using machinery, they are not taking it by hand. The residents could take the smaller stuff up to the drop-off site which is free of charge. The City can still pick up the large stuff. Keep it as close to the curb as possible but do not put it on the street. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 3 Councilmember Bolkcom asked what time the drop-off site at Columbia Arena was open. Mr. Haukaas replied the drop site is open from 8 a.m. to 7 p.m. Residents need to show a driver's license to prove they are a resident. Councilmember Bolkcom stated on Saturday and Sunday they are open until4 p.m. She asked about the Tree Trust. William Burns, City Manager, replied he did not have any information on that at this time. Councilmember Wolfe asked if storm victims would get a break on permits. Mr. Hickok, Community Development Director, replied, no. The process will remain the same for everyone. He said they are not trying to discourage folks from planting trees on their own property. If they are planting around power lines, it would be a good idea to obtain from Xcel a list of recommended trees to plant around power lines, so they only grow to a certain height. PROCLAMATION: Student Foreign Exchange Week October 3-9, 2005 Yuksel Cihangir from Turkey Alfredo Grossi from Chile Piero Marky from Peru Roua Schmitz from Germany APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve 2006 Sixty-Day Agency Action Application Deadlines for the Planning Commission and Appeals Commission Meetings. APPROVED. 2. Resolution Directing Preparation of the Assessment Roll for the 2005 Nuisance Abatement. Dr. Burns, City Manager, stated there are assessments for six properties and the total is $4,962.57. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-48. 3. Resolution Directing Publication of the Hearing on the Proposed Assessment Roll for the 2005 Nuisance Abatement. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 4 Dr. Burns, City Manager, stated the hearing is scheduled for October 24, 2005. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-49. 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated this project included 620 properties to be improved in this year's assessments. The total project cost is $2,850,907.83 and $750,402.27 will be assessed. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-50. 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST. 2005-1. Dr. Burns, City Manager, stated the hearing is scheduled for October 24, 2005. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-51. 6. Resolution Appointing Election Judges for the 2005 Special Municipal Election. Dr. Burns, City Manager, stated the term of the judges is two years. A regular judge makes $8.75 and a head judge makes $9.25. Staff is recommending Council's approval. Councilmember Bolkcom asked if you have to reside in the City of Fridley to be an election judge. Mr. Pribyl, Finance Director and Treasurer, replied, yes, you need to be a resident. Councilmember Bolkcom commented Del Jenkins was on the list and he was no longer on a Commission as he had moved to Brooklyn Park. Mr. Pribyl stated they would look into that. Mayor Lund questioned whether the resolution needed to be adjusted and passed at a later date. Mr. Knaak suggested in case there are one or two others that might not qualify, it probably makes just as much sense to pass it the way it is now and if someone does not qualify, they basically just cannot serve. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 5 7. Resolution Authorizing a Change in Mileage Reimbursement Rates for the Last Half of the 2005 Calendar Year. Dr. Burns, City Manager, stated the IRS has increased the standard mileage rate from $0.405 to $0.485 cents for mile. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-53. 8. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. Dr. Burns, City Manager, stated this is for the Fridley firefighters. This is a new contract for the year 2005 through 2006. Changes to the contract are a transition from a 50-hour work week to a 56-hour work week beginning January 1, 2006. There is an adjustment of annual leave beginning January 1, 2006, in keeping with the adjusted work week In line with that, the firefighters will be allowed to accumulate up to a maximum of 48 hours of compensatory time in lieu of overtime, and they will receive a 3 percent lump sum COLA for 2005 and the same for 2006. The adjustment is the same for non-union employees. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-54. 9. Resolution Authorizing a Preliminary Agreement for the Replacement of the Traffic Control System on T.H. 65 and Osborne Road. Dr. Burns, City Manager, stated this is an agreement between MnDOT for sharing the cost of replacement of the traffic signal on Highway 65 at Osborne Road. The project is projected for 2008 and is estimated to cost $260,000. The City's share would be $32,500. Staff is recommending Council's approval. ADOPTED RESOLUTION NO. 2005-55. 10. Approve Change Order No. 2 for the 2005 Neighborhood Street Improvement Project No. 2005-1. Dr. Burns, City Manager, stated this is a change order for materials needed during the installation of utilities on Main Street. The net cost of the change order is $5,162.50. Staff is recommending approval. Staff is recommending Council's approval. APPROVED. 11. Appointment — City Employees. Dr. Burns, City Manager, stated James Saefke and Gerald Long are retiring from the Public Works Department after many years of excellent service. Staff is recommending Kory Jorgensen as Water Supervisor. Kory has worked as a public services worker in the water division since FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 6 1986. Peter Gunderson has been a public services worker in the streets maintenance division since 1997. Keven Becklin has worked in the parks maintenance division since 1983. All three individuals have performed very reliably and capably. APPOINTMENTS APPROVED. 12. Claims (123483-123566). APPROVED. 13. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 14. Estimates. APPROVED THE FOLLOWING ESTIMATES: Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement ProjectNo. ST. 2005-1 Estimate No. 5 $336.955.48 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): There were no comments. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 7 PUBLIC HEARINGS: 15. Consideration of an On-Sale Intoxicating Liquor License for B.A.M., Inc., d/b/a Joe DiMaggids, Generally Located at 1298 East Moore Lake Drive (Ward 2). MOTION by Councilmember Wolfe to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:04 P.M. Mr. Pribyl, Finance Director, stated the existing business has been acquired by Mr. Raymond J. McManus of B.AM., Inc. The Police Department has reviewed this request, done background checks, and found no reason to deny the request. Staff has provided a copy of the City Code that sets forth the stipulations that go along with the license. Petitioner has also requested a 2 a.m. endorsement. They plan on being open under new ownership on November 1. The notice of public hearing was published for this item in the Fridley Sun Focus on September 22. Final approval for the license is scheduled for October 24. Councilmember Wolfe asked about what types of changes Mr. McManus was making. Mr. McManus replied there will be very minor changes. He stated he and his wife own the Shortstop restaurant in Coon Rapids. The first change they are going to make is put their hamburgers on the menu. Secondly, they are going to do some remodeling. The 2 a.m. endorsement they are asking for is just for Friday and Saturday nights. They have also requested the liquor entertainment license. They have a very good karaoke business at the restaurant. Councilmember Wolfe confirmed with Mr. McManus that staff explained the liquor to food ratio. The City is very strict on that. Mr. McManus replied, yes. Councilmember Wolfe commented he has always been very loyal to DiMaggio's since they opened. He thinks they have a wonderful site. He wished them good luck. Mr. McManus stated they will definitely try. Councilmember Barnette asked if they are going to be changing the name. Mr. McManus stated he has agreed with George to give it six months, to see what they come up with. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:11 P.M. 16. Consideration of an On-Sale Intoxicating Liquor License for Sandee's of Fridley, LLC, d/b/a Sandee's Cafe, Generally Located at 6490 Central Avenue N.E. (Ward 2). MOTION by Councilmember Wolfe to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:11 P.M. Mr. Pribyl, Finance Director, stated the building located at 6490 Central Avenue NE has been acquired by David W. Reimer. Sandee's will be part of the Town Center Development project. The Police Department has reviewed the request, done background checks, and found no reason to deny this request. Staff has provided a copy of the City Code that sets forth the stipulations that go along with a liquor license which includes the liquor ratios. They have also requested a 2 a.m. endorsement on this license. They plan to open the restaurant on November 1. The notice of public hearing was published in the Fridley Sun Focus on September 22, 2005. Final approval of the license is scheduled for October 24, 2005. Councilmember Wolfe reminded petitioners that staff has made it very clear about the liquor ratio. He asked if they plan big changes to the restaurant. Mr. Reimer replied remodeling of the restaurant will take place down the road. They will be submitting the plans as they need to. Councilmember Wolfe commented it has been a good place for a lot of years and he hopes they can keep up the tradition. He said he thought they were going to get a lot of customers when the buildings were built. He asked if they had any idea when they were going to be built. Mr. Reimer said they will hopefully start building this fall. They are in the process of getting the final bids in now. Councilmember Bolkcom asked if they were going to make any changes to the menu. Mr. Reimer replied the menu will change a little bit. They also own the River Inn in Monticello, and they will have their chefs come down and take a look at what they have. They are in the process of making sure that they keep the things that everybody likes. They are going to have a few of their specialty items from their other restaurant. They will have a pretty varied menu. It will be a nice place to come to. Councilmember Barnette stated Sandee's is probably the first establishment in Fridley and asked if they were going to keep the name. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 9 Mr. Reimer replied it will stay the same. It will stay Sandee's. Councilmember Barnette asked when the actual construction was going to start. Mr. Reimer stated they are hoping to start the construction of the senior building within 60 days. They are trying to break ground before it is frozen. Councilmember Barnette asked about a completion date. Mr. Reimer replied it would probably be about 11 months. Dr. Burns, City Manager, asked Mr. Hickok if there was a predicted date for the final plat. Mr. Hickok, Community Development Director, stated they have not had a chance to discuss this. Mr. Reimer stated they are waiting to hear from the County. Mr. Hickok stated one thing people were asking about is Tamarisk. Mr. Reimer stated they are not including that. They are moving them. Mayor Lund commented that his understanding was, way back when they first brought forth the development that Sandee's was going to be remodeled, there was going to be some significant changes, the Tamarisk was going to be removed, not destroyed, and the parking lot was going to be changed. Mr. Larson replied the first thing they will be doing is probably remove the Tamarisk building to a different location. They do not know exactly where. At one time they had a purchaser, but they are no longer interested. Mr. Larson added the Tamarisk building will be moved to a new site. Mayor Lund asked Mr. Larson what was his association with Town Center was and if he was going to be the manager of Sandee's. Mr. Larson replied he is just a partner in Town Center. He and Mr. Reimer are partners in the development and building site. Mr. Hickok stated typically the final plat does not require its own public hearing, and they are going to bring it back for a public hearing because of the introduction of Tamarisk as one of the unit owners there. They might ask Council if they want that to be a public hearing or come back as a standard plat application. Council replied they did not think that was necessary since it was no longer an issue. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 10 Mayor Lund stated if it comes back being an issue where Tamarisk wants to be located in the senior building or if there was a significant change that people might take an exception to, they could have it come back as a public hearing. Mr. Reimer stated Tamarisk has requested not to be in the building. In fact, they moved them to their new location across the street. Councilmember Bolkcom said they wanted to make sure petitioner was aware that any actual managers had to obtain a license from the City. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:22 P.M. NEW BUSINESS: 17. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Temporary Outdoor Storage Containers (Zoning Text Amendment, ZTA #05-01, by the City of Fridley). Mr. Hickok, Community Development Director, stated this is a zoning text amendment to allow commercial businesses the ability to temporarily store seasonal merchandise outside in containers, provided the business can insert screening that meets requirements. The Planning Commission held their public hearing on September 7, 2005. No one appeared from the public for or against the proposal. The motion to approve was unanimous from the Planning Commission. The City Council held its hearing on September 26, 2005, and again no public attended to comment. Staff recommends approval with proposed additional language in the outside storage section of C-2 and C-3 code sections. Staff further recommends using a newly- created permit application form. The zoning text amendment will come back on October 24 for second reading if passed. Mayor Lund recalled the previous discussion of architecturally-compatible screening. What if that was a large shrub or a series of shrubs? Mr. Hickok replied in some situations, landscape would be the best screening solutions. That would certainly be compatible if landscaping happens to be what is around it already. If it is a situation where it is surrounded by parking or asphalt, they may have a screening device that snaps into place that allows them to screen it while it is there. Each location will probably somewhat prescribe how the screening would work. Mayor Lund stated it should protect the surrounding neighborhoods. Mr. Hickok replied this should not be an imposition for adj acent properties or businesses. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated he has been able to contact the City Clerk. He stated that two years ago there was a law change which allowed election judges to be registered voters within the State of Minnesota. They had the applicants for election judges fill out an application. When it was received in September, the address on the application was 141 Christianson Court NE. Councilmember Bolkcom asked if the City Charter required that they had to be a resident of the City. Mr. Pribyl stated yes, but the Charter is more restrictive than State statute. Mr. Knaak stated normally the State statutes supersede the Charter, but in election law, you are allowed to have a more restricted standard. So in this particular instance, the Charter does have a requirement that the election judge does have to actually live in that precinct. Mayor Lund stated the amended motion requires a judge to be a resident of the City of Fridley. He asked whether the Charter says the same thing, or if they have to be a resident of the precinct. Mr. Knaak stated the Charter actually indicates two voters of each voting precinct to be judges of the election therein; a registered voter in the same precinct as the head judge. In any event, he anticipated that would be the case. Councilmember Bolkcom stated she believes it is saying the chief judges have to be in the precinct but do not have to reside in the City of Fridley. Mr. Knaak read Section 4.05 from the City Charter which stated, "The City Council shall at least 25 days before each municipal election appoint two registered voters of each voting precinct to be judges of elections therein and one registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council." Mayor Lund stated the amendment should reiterate what the Charter says. Mr. Knaak stated the judges need to be registered voters in their voting precinct. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-52 according to the provisions of Section 4.05 of the City Charter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 2005 PAGE 13 19. Informal Status Reports Councilmember Bolkcom stated there is a Fire Department open house on Saturday. It is also Recycling Day. Mayor Lund stated Pumpkin Night in the Park will be held at the Springbrook Nature Center on October 22. Dr. Burns mentioned the City newsletter will be mailed soon. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:42 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of an Ordinance for ZTA #OS-01, Zoning Text Amendment to Allow Temporary Outdoor Storage Containers in Commercial Districts Background On October 3, 2005, the City Council held a first reading of the attached proposed ordinance for a zoning text amendment, which would allow outdoor storage containers by temporary permit in certain commercial districts. This option has been pursued by a few businesses over the years to resolve a need for temporary storage of seasonal merchandise. The code change is being proposed for the G2, General Business, and G3, General Shopping, zoning districts only. Staff suggests that G1, Local Business District, sites are generally too small in square footage to accommodate and allow for screening of storage containers. The proposed code language would require temporary storage container applicants to provide detailed information that would allow staff to determine if adequate screening and safety protections can be ensured. A fee system has been established to cover staff permit application review costs. Commission/Council Action On September 7, 2005, the Planning Commission held a public hearing and reviewed the attached materials. No one from the general public appeared to speak towards the amendment. The Commission unanimously passed a motion recommending approval of ZTA #OS-01 as written. On September 26, 2005, the City Council held a public hearing to review this proposed text amendment. The City Council was presented with an additional code language changes to Sections 205.14.7.B and 205.15.7.B. After the Planning Commission public hearing, staff noticed that there could be some confusion with outdoor storage requirements if an exemption were not clarified for the newly created permit option for outdoor containers in the C-2, and C-3 sections of the Zoning Code. On October 3, the City Council held the first reading of the attached ordinance regarding ZTA #OS-O 1. Recommendation Staff recommends that the City Council conduct the second reading of the attached ordinance approving ZTA #OS-O 1 as submitted at their October 24, 2005 meeting. M-OS-111 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO TEMPORARY OUTDOOR STORAGE CONTAINERS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section l: That Section 205.14.1.B.(10) of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED B. Accessory Uses (10) Temporarv Outdoor Stora�e Containers are allowed bv permit subject to the followin� conditions: (al The stora�e container shall be located on a paved surface. (bl The storage container sl�all be screened from view from an�public right-of-wav, residence, or park• (cl Screening shall be architecturallv compatible with the main business structure. (d) The business shall srill have adequate parking to meet its minimum parkin�quirements and have safe drive aisle circulation throughout their site during the rime of stora� (el Outdoor storage containers mav be used onlv once per vear for a maximum duration of ninet�90� davs. (fl No more than three permits will be issued per vear for multi-tenant developments. (�) The storage container shall com�lv with all State Fire and Safetv Code regularions and requirements, as well as anv other requirements imposed bv Citv Ordinances. Section 2: That Section 205.15.1.B.(9) of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED B. Accessory Uses. (9) Temporarv Outdoor Storage Containers are allowed b�permit subject to the following condirions: (al The stora�e container shall be located on a paved surface. (bl The stora�e container sl�all be screened from view from anv public ri�ht-of-wav, residence, or park• (cl Screenin� shall be architecturallv compatible with the main business structure. (d) The business shall srill have adequate parking to meet its minimum parking requirements and have safe drive aisle circulation throu�hout their site durin� the rime of stora�e. (e) Outdoor storage containers mav be used only once per year for a maximum duration of ninetv (90) davs. (fl No more than three permits will be issued per vear for multi-tenant developments. (�) The storage container shall com�lv with all State Fire and Safetv Code regularions and requirements, as well as anv other requirements imposed bv Citv Ordinances. Section 3: That Section 205.14.7.B.(3) of the Fridley City Code be hereby amended as follows: 7. PERFORMANCE STANDARDS B. E�erior Storage (3) The City shall require a Special Use Permit or a Temporary Outdoor Stora�e Permit in accordance with Section 205.14.1.B.(10) of this code for any e�terior storage of materials. Section 4: That Section 205.15.7.B.(3) 7. PERFORMANCE STANDARDS B. E�erior Storage (3) The City shall require a Special Use Permit or a Temporary Outdoor Stora�e Permit in accordance with Section 205.14.1.B.(10) of this code for any e�terior storage of materials. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 2005. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: September 26, 2005 First Reading: October 3, 2005 Second Reading: October 24, 2005 Published: 17:�1 � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Second Reading of ZTA #OS-02 Regarding Parking Stall Requirements Background On October 3, 2005, the City Council held the first reading of the proposed ordinance amendment to the parking stall requirements for the G1, G2, and G3 commercial zoning districts. Current code requirements for these districts require one parking stall for every 150 square feet of building floor area. This equates to 6 and 2/3 stalls per 1,000 square feet of building area. Research has shown that four parking stalls per 1,000 square feet likely better represents the true need of most retailers. Therefore, staff is proposing changing the language in Fridley's Zoning Code to require one stall for every 250 square feet, which equals four stalls per 1,000. Besides changing the standard parking ratio, the proposed amendment would eliminate the different ratios for office use and speculative buildings. There is no need for these different ratios after the standard ratio is reduced. Commission/Council Action On September 7, the Planning Commission held a public hearing regarding this proposed zoning text amendment. The Planning Commission unanimously passed a motion recommending approval of ZTA #OS-02. Likewise, the City Council held a public hearing on this matter on September 26, 2005. No public comment was received at either public hearing. The first reading of the proposed ordinance occurred on October 3, 2005. Recommendation Staff recommends that the City Council hold the second reading of the proposed zoning text amendment to parking stall requirements at the October 24 City Council meeting and approve the amendment attached. M-OS-112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO COMMERCIAL PARHING STALL REQUIREMENTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section l: That Section 205.13.S.C.(1) of the Fridley City Code be hereby amended as follows: 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each �58 250 square feet of building floor area in the G1 District except: (a) At least one (1) off-street parking space shall be provided for each 100 square feet of building floor area for all theaters, lodges and assembly facilities. � i.,,;i,a;r,, a,,,,,- ., ., � ,- „��,.o , „i.,+;. o �,,,;i,a;,,,. �,,,,,- ., > > > �os��te +�, o�� +��ie ^�sg s-�„ +�, o�g� ; i��s � � +„ +�, o � ,.; � o,a , � ; i i ,- .,i , ,,,,;+ � ,,.,, +�, o r;+.. {�} �At least one (1) off-street parking space shall be provided for each 400 square feet of building floor area for furniture sales use. Section 2: That Section 205.14.S.C.(1) of the Fridley City Code be hereby amended as follows: 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each �58 250 square feet of building floor area in the G1 District except: (a) At least one (1) off-street parking space shall be provided for each 100 square feet of building floor area for all theaters, lodges and assembly facilities. :�.si . . ��sr.rss�eseer:�a�s�r�:*s�sr.�ssr�r��:s.ss�s � �ss� s_ . �� e ! Y � �g} �At least one (1) off-street parking space shall be provided for each 400 square feet of building floor area for furniture sales use. Section 3: That Section 205.15.S.C.(1) of the Fridley City Code be hereby amended as follows: 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each �58 250 square feet of building floor area in the G1 District except: (a) At least one (1) off-street parking space shall be provided for each 100 square feet of building floor area for all theaters, lodges and assembly facilities. � i.,,;i,a;r,, a,,,,,- ., ., � ,- „��,.o , „i.,+;. o �,,,;i,a;,,,. �,,,,,- ., A„+o,- ;,,+„ ., ,;++o„ ., o„+ , ,,,-,a.,�,io � ,,,, � ;+�, +�,o r;+. .� �,;,.�, +�,o „ > >` �' . , � .,i , ...,.;+ � ,,,,. +i,o r;+�, {�} �At least one (1) off-street parking space shall be provided for each 400 square feet of building floor area for furniture sales use. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 17, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Summary Ordinance for ZTA #OS-02 Regarding Parking Stall Requirements in Commercial Zoning Background On October 3, 2005, the City Council held the first reading of the proposed ordinance amendment to the parking stall requirements for the G 1, G2, and G3 commercial zoning districts. The second reading is scheduled for the October 24, 2005, City Council meeting. After a second reading, the ordinance must be published in the City's official newspaper. In order to save taxpayer dollars, State Statute allows cities to publish a summary ordinance, which is an abbreviated version of the proposed code changes. A summary ordinance for ZTA #OS-02 is attached for your review and approval. Recommendation Staff recommends that the City Council review the attached summary ordinance for publication in the City's official newspaper. M-OS-113 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205, SECTIONS 205.13.5.C.(1), 205.14.5.C.(1), and 205.15.5.C.(1) OF THE FRIDLEY CITY CODE PERTAINING TO COMMERCIAL PARKING STALL REQUIREMENTS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Section 205.13.S.C.(1), 205.14.S.C.(1), and 205.15.S.C.(1) of the Fridley City Code be hereby amended as follows: 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each �58 250 square feet of building floor area in the G1 District except: (a) At least one (1) off-street parking space shall be provided for each 100 square feet of building floor area for all theaters, lodges and assembly facilities. � �,,,;i,a;,,,. �,,,,,- ., ., � ,- „��,.o , „i.,+;. o i.,,;i,a;r,, a,,,,,- ., A„+o,- ;,,+„ ., ,;++o„ ., o„+ , ,,,-,a.,�,io � ,,,, � ;+�, +�,o r;+. .� �,;,.�, +�,o „ > >` �' � .,,-i,;,,,. ,-.,+;,, r ,-+�,o „ .,,�,o,- „��,.,,.,,-o � o+ � ,- o.,,.�, +. r „�„�o .� �,;,.�, +�,o „ � +„ +i,o � ,.;�o,a , ;ii ,- .,i , ..,,.;+ � ,,,,. +i,o r;+�, (�} �At least one (1) off-street parking space shall be provided for each 400 square feet of building floor area for furniture sales use. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 14, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Final Plat, PS #05-06, City of Fridley and Mr. and Mrs. Craft M-05-90 INTRODUCTION On July 6, 2005, the Planning Commission considered plat request PS #OS-06, by the City of Fridley. City of Fridley, Petitioner, seeks to replat the properties located at 151 Glen Creek Road and a city-owned lot directly south of Glen Creek Road to better define right-of-way boundaries. As a part of the 2005 street reconstruction proj ect in this neighborhood, curb and gutter are being installed on Glen Creek Road. The Glen Creek Road area does not have sufficient right-of-way in certain areas to construct the proposed typical street section. As a result the road is being slightly widened. Because of the street construction proj ect the City is cleaning up improper lot lines. The current right-of way map does not match the existing location of the road. By later Council action, the Public Works Director hopes to trade excess right-of-way with adj acent property owners for right-of-way easement that is needed for the widening of the service road. Adj acent property owners, the Crafts at 145 Logan Parkway, are supportive of the land swap proposed. PAST COUNCIL ACTION At the July 25, 2005, City Council meeting the preliminary plat was approved. RECOMMENDATION City Staff recommends final plat approval of PS #OS-06 Glen Creek Road plat as submitted. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #05-06, 151 GLEN CREEK ROAD, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CORRECTING AND CLARIFYING RIGHT- OF-WAY BOUNDARIES AND ALLOWING FOR THE FUTURE LAND SWAP OF EXCESS RIGHT-OF-WAY, GENERALLY LOCATED AT 151 GLEN CREEK ROAD. WHEREAS, the Planning Commission held a public hearing on July 6, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat (Registered Land Survey or RLS) for 151 GLEN CREEK ROAD at their July 25, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the RLS for 151 GLEN CREEK ROAD has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat (RLS) for 151 GLEN CREEK ROAD and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 'ZL�TH DAY OF OCTOBER 2005. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2- Resolution - 151 GLEN CREEK ROAD STIPULATIONS EXHIBIT A 1. Staff does not recommend any stipulations as this land is , _ already under City control. 0 11 I CITY OF FRIDLEY � �� COUNTY OF ANOKA � SEC. 10, T. 30, R. 24 REGISTERED LAND SURVEY NQ. ___ ANOKA COUNTY, MINNESOTA 40 0 40 80 SCALE IN FEET 1 INCH = 40 FEET N • Denotes iron monument found, unless otherwise noted O Denotes iron monument set, marked with RLS No. 17256 � � c-�r 2 ` ,`,�-,�;�`- __ For the purposes of this I��v �� • R.LS. the east line of Lot �,- � s,�, 5 ADDITION fis assumed to <� �i+ `�� I �� `CENTEI�JNE OF � � beor North I degrce 31 �`' �r�:i(�''' = o�uc aD1 minutes 40 seconds West �� , f CRmc i�� n n r� n � i ��' . � L.VIVV I'1LJVIV. / (� m �- � _�� / / , . . . ' . i.v i J.� � . � �I, / N t � / N . nVV. .:Vl:. '- / -.I5 ��^ �/ i � ivv. . i % � � � LNJE �i� . . `y�11 �� / � 5��\�� /� � /�� sv��N FO[1ND 1/2' i�/ � �� -iY rYr PINCHm NtON.� ; ��/( / I � i�SO��o� ` �/ ` �APPRO7WAAl'E � W _ i � � LOCATION OF � � z� EASEMF74T PER F �'�.' �.�w.aT oF •oNC ��W�S�� Cd /� / � CRmc ADDN.• I � �I SURVEY-1 / / � 3 F- u� __i_� /j, g � /lc �t` I � $ 4 �� -------- / / / � �i �\�v I � Fc 1-+ / / � 2 0 �, K� W¢ /�/ n�`\.:3` V�F v I �Y 1 G�. � :4 / / � �J � h A I � [ ] / � n h i� �=a �� i V O .r E ur� aF �or ia e�x. i. h OAK CREEIC ADDN.. ALSO N'LY -� PORTION OF DIVIDNrG LNE �TINEEW LOT 9 !c LOT 10, BL.K. I. OAK CREIX ADDN. RIqiT OF WAY i UOST E'LY SE OORNER OF EASDAENT PFR LOT 10, BLK. 1. OAK - CREQC ADDN.. ALSO AN0.E 461352.001-e POINT-BOUNDARY CORNER � w J1 � w�mr� �or�s 9�a i0. 57�"`'�` Sp' ��.. euc. i. oac a�mc r�.- _ � „61• /l � , . W'LY LaIE OF LOT 9 8JS'LY -�� .� � LINE OF LOT 10, BLK. I. OAK� CREEK ADDN. : / ?5 1 \ /� I Y< <C „ �ima 11 b0'00� EASEMENT PQt: � � _ 1 ,.[ �(�!,� " PLAT OF 'OAK � /� � !i3�` 'Yj � � � �p.00 �C w �%O�¢ � / •-. 1 \ / r � � / t�.� �.i C'v r, $ �r oF w�� ',y��\ r.R�� R�� EASEMENT PER -��/ �-: � � I .i DOC. N0. y_ isrts � � � ."d g9'39 I'o �---- — / __`�!� � ` f o�i � ¢ �oT ��f �.s� � 7.�00 y ;.; N�'3'F'� �'� \� � � � 7R�1G"� C I �mwa �{ rc K V��Z y� Y �. _°�� , � � � � oac cRmc ; �GT p-� � � i m . - - I ,. � � �a �x �- �s2.00 i 90' � _ R _� `, ,� �oT 9 0�«�x ,.�ao � r; s L�� b+ pt �a �G 1• � :''�� '�., / 7 �\ N. LINE OF LOT B. ; °° L�, �� ppDN.. ��_ �YO,T� $'& � � �\ �BLK, I. OAK GiEDC p W 7 i � \ �-y C� �C�"" � !��!� � UNE PARALLFl WITN �l� �,� �� J W < <L . �`� � ��a � i. �� °�'',�`��, '•, o►vrowc � eerw� m avrorcrc ur� ;�io o� �) � L O T 9 1 c l O T 8. B L K 1. �TWEFN LOT � 6c I Y � no�+• . u%o, f�, �,� �o�,� onic cx�mc noo�. �o� �. i: oacl � o .�. ` .p8 � �3a'� � � m `� '� SB8°27'32"E ------"- I 4E - * � � �IR�g9t� � ��s;�. � w+ ti8 � /79.3 (PLAT) /7�07 (MEAS) �� Fs�S �� 30 �(►�'�' ` �;�• sz �-�`�`1`V, �m` — �3� 5�r2 �' ----��:_----- �- n r. J � � � � BR�y �-- � � -- �J � ' S�1�tntt�e 12 r.�a s��, i.T.c. SBEET 2 OF 2 SEE1�i'7� � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 14, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner Subject: Final Plat, PS #05-07, City of Fridley and 160 Ely Street /160 Liberty Street M-05-89 INTRODUCTION On July 6, 2005, the Planning Commission considered plat request PS #OS-07, by the City of Fridley. As a part of the 2005 street reconstruction proj ect in the northwest part of the city, the Public Works Director has discovered a need to clarify right of way boundaries along a service drive from Ely Street to Liberty Street along the railroad tracks. The replat is of City owned property located in the public right-of-way service drive and property located at 160 Ely Street and 160 Liberty Street, which is owned by a business at 160 Ely Street and 160 Liberty Street. The replat will correct right of way lines resulting from a slightly widened service drive and allow for the land swap. The Public Works Director hopes to trade excess right-of-way with adjacent property owners in exchange for land that is needed for the widening of the service road. The owners of 160 Ely Street and 160 Liberty Street are supportive of the land swap proposed. It will allow them to expand property square footage, and as a result, the owners may be able to expand the building square footage in the way they wanted. City Staff and the Planning Commission recommended approval of the final plat request, PS #OS-07. PAST COUNCIL ACTION At the July 25, 2005, City Council meeting, the preliminary plat was approved. RECOMMENDATION City Staff recommends final plat approval of PS #OS-07, the Ely/Liberty Street service drive plat as submitted. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #05-07, 160 ELY STREET/160 LIBERTY STREET SERVICE DRIVE, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CORRECTING RIGHT-OF-WAY LINES RESULTING FROM A SLIGHTLY WIDENED SERVICE DRIVE AND ALLOW FOR THE LAND SWAP OF EXCESS RIGHT OF WAY, GENERALLY LOCATED AT 160 ELY STREET AND 160 LIBERTY STREET. WHEREAS, the Planning Commission held a public hearing on July 6, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat (Registered Land Survey or RLS) for 160 ELY STREET AND 160 LIBERTY STREET at their July 25, 2005, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the RLS for 160 ELY STREET AND 160 LIBERTY STREET has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat (RLS) for 160 ELY STREET AND 160 LIBERTY STREET and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 'ZL�TH DAY OF OCTOBER 2005. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2- Resolution -- 160 ELY STREET AND 160 LIBERTY STREET EXHIBIT A � STIPULATIONS . 1. Staff does not recommend any stipulations as this land is already under City control. 15 REGISTERED � _ �L;' �,R�� _ o m ('F.K.r.. RwSF.'F�.': A:'E% �� u i-. r� � � v 1 N � �� „°,, � v�� ;r-� ,,�N�� o< < W N � F ' 3x�� 3mmrg �-� 3 "� . s �o ,� o � Z` x A 1 1 �� N !'�L.I.L 1 � CITY OF FRIDLEY 1 �HND SURVE 1 NO. ___ SECU 3. T�3� NR.K24 ANOKA COUNTY, MINNESOTA \ I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, 1 hove surveyed the following described troct of land in the County of Anoka, State of Minnesota, to wit: Lots 12. 13 and 36, Block 12. "SPRING BROOK PARK, ANOKA COUNTY, MINN.", occording to_ the recorded plat thereof, Anoka County, Minnesota. p th' R istered Land Survey is a correct N89°39'07 E �.r �a /uce c) A AI/'11 � �`/'1 ��IT/ rIIVVf /"'\ vV IV 1 1� v � ^_ _ =3 N .� �< �$ �� °� mx 0� Nd 2. o �. J Z � m � Z ? � . I J�� 3 sn I hereby certify that is eg ` delineation of soid survey. ,�-� Dated this � doy of �6�1^ - 200-`.�. C�.i 1�'�f1�T � C BY Scott J. oukup, R.L.S. � Minnesotc License Na 17256 _� �+ This Regist�ed Land Survey was approved ond —� accepted by the City CouncA of the City of Fridley, << \ Minnesata, at a reqular meeting there2f�held this day of ,� L� . . . . � . .. .. O � GTY COUNCIL OF THE qTY OF FRIDLEY, MINNESOTA c� ` c� � .� eY y Mayor -o `�"-� \ W C i `- BY• - $ — Manager 00 �. M 'Y ,y� ,O� � . . �� 9'59��1; Chedced and opproved this doy i,, 4, �Z.B � of 200�. � B . i� �� \ Y /iU10k0 COU(Ity $UrVEyor' �_ �= �' � u� �� C� �—cor� aF Norrr�N � � PACN-lC RAILROAD � J � w � O j> i.`. � \ For the purposes of this �% � R.LS. the north line of Lot � 36. Blodc 12, "�F�N6 BROOK tT �'{ PARK. ANOICA COIJNTY. MINN." � ,,� is assumed to bwr North 89 � �5��' -+ degrees 39 minutes 07 � � � seconds East i � M h� � � �\ . . �. . . . � A AInIAI •• �V� � � V � V. � . � . . . S_ � 625�1' �' 9°39'07"W — '- ° _ _ ;g , j 9292 (MEAS) o D�otes iron m�ument g/ (� T� set, morked with RLS Na r�i r` CC'r p ��s LO�ER, , .� �'«, m 30 0 30 60 � cK, :, � .. .'..Ej SCALE IN FEET ��i 1 iNC� = 3o FEE7 '— —� Lapd S�rveyl�g, LI.C- � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 20, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #OS-03, Van Auken Addition Background On June 27, 2005, the City Council approved a preliminary plat request, PS #OS-03, submitted by Timothy Van Auken, owner of 1475 and 1485 - 73rd Avenue. The plat has now been approved by the County and is ready for final plat approval. Mr. Van Auken's properiy is located at 1475 and 1485 - 73rd Avenue. The purpose of the new plat is to subdivide the property to allow construction of four additional homes. Council/Commission Action The Planning Commission held a public hearing on the preliminary plat on June 1, 2005. The City Council held a public hearing on the preliminary plat request at their June 13, 2005 meeting. The item was tabled and acted on at the June 27, 2005 Council meeting. Both the Planning Commission and the City Council recommended approval of the preliminary. There was opposition to the plat request by certain members of the public. Recommendation City Staff recommends adoption of the attached resolution approving the final plat for PS #OS-03 for Lots 1-6, Van Auken Addition at the October 24, 2005 City Council meeting with the following 12 stipulations that were approved with the preliminary plat as E�ibit A. Stipulations 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. M-OS-117 RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #OS-03, LOTS 1-6, VAN AUKEN ADDITION, BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING FOUR NEW LOTS, GENERALLY LOCATED AT 1475 AND 1485 - 73� AVENUE NE, FRIDLEY, MN WHEREAS, the Planning Commission held a public hearing on June 1, 2005, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 1475 and 1485 - 73rd Avenue at their June 27, 2005, meeting, with stipulations attached as E�ibit A; and WHEREAS, a copy of the final plat has been attached as E�ibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 1475 and 1485 - 73rd Avenue and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24Tx DAY OF OCTOBER 2005. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2— Resolution — 1475 and 1485 — 73rd Avenue EXHIBIT A STIPULATIONS 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3,000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for Lot 4 on the records of Lot 3. �� °' � � �z I � o _i _ „ � S s I : r4�r iwF 7�c� :!. ]01.�6e PFN uJ0. SUBD. x0. t3G. � �� 4 � < - ww� n �. "".wiaf xaam----- _' ti Io[,+] .-.. ' �n.w ________�s-- ` — . a� _ W �m ,r-�--------------=� :i � "' yi x � � m a x ' i ,�,_�, <.;* i i . i ' i. i . i w � �i T i � � .� $ I �� p I�-I ' NrowRm � � 6 O ; � �G. i . I j y - �'-� � . . � L ii A � � �� L'.'; . . . 8. • m O ,� �" 0 2 .8 � ,_ us,. � .`a°in' � _ _ _ _ _ — O 8 � p "•_____ I i�, �a = �o f .w . : a ' _ -'-_ � ----- - --- � � . . � � � �a.m �e.. s - . I ' s ----'— p � ----� _ � ' Y _ ��.. 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S � (^ RO � gR c��L �#� �-� ��i;g ! :��€ .. a 21 � � � �. � � � � b b y ti O � r.iny `�n c° � N�� y � � •• a � oZ�0 Aa"� ro a 1 s -' — --._.. _._ . i_ R FT _ _ __ _ __ The spaee above this line is reserved for recording daW. DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS - AND EASEMENTS - THIS DECLARATION is made in the County of Anoka, State of Minnesota, on this day of , 2005, by Timothy J. Van Auken, a single person, (the "Declarant"). _ _. _ _ _ VJHEREAS, Declarant is the owner of certain property in Anoka County, Minnesota, which is more particularly described as: Lots 3 and 4, Block 1, VAN AUKEN ADDTTION, according to the plat thereof on file or of record in the Off'ice of the County Recorder in and for Anoka County, Minnesota. WHEREAS, Lot 3, Block 1, VAN AUKEN ADDITION, is also known as — 73 'h Avenue N.E., Fridley, Minnesota 55432. WHEREAS, Lot 4, Block 1, VAN AUKEN ADDITION, is also known as - 73 '/Z Avenue N.E., Fridley, Minnesota 55432. WHEREAS, there is a dwelling unit and attached garage [hereinafter "Unit"] constructed on each Lot, which Units share common Party Walls, which is centered along the common boundary line between the two Lots. WHEREAS, Declarant desires to establish on the Property, a plan for these properties to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the original architectural and aesthet�c character, of the Property. WHEREAS, the real property described herein is not subject to the Minnesota Cotnmon Interest Ownership Act, MIIVN. STAT. Chapter S 15B. THEREFORE, Declarant makes this Declaration, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property, shall be owned, used occupied and conveyed subject to the covenants, restrictions, easements, chazges and liens set forth herein, all of which shall be binding upon and inure to the benefit bf all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and ass'igns. A. APPURTENANCES AND EASEMENTS A.1 Access Easements. Eacfi Lot shall have an appurtenant easement for emergency access purposes over, under, and across the other Lot, subject to any restrictions set forth in this Declaration. A.2 Utilities and Services. Each Lot has appurtenant easements for services and utilities serving the- Unit on each Lot, and for maintenance, repair, and replacement of such services and utilities, over, under, and across the other Lot, subject to any restrichons set forth in tkus Declaration. A.3. Encroachment Easements. Each Unit, and rights of the Owners and Occupants therein, shall � be subject to an exclusive easement for encroachments m favor of the adjoining Umts for walls, roof ' overhangs, utility installations and other appurtenances which aze part of the original construction of the adjoining Unit. If there is an encroachment by a Unit, or other buildmg or improvement located in a Unit, upon another Unit as a result of the construction, reconstruction, repair, slufting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyxnent and habitation of.any encroaching Unit, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added after the date of this Declaration, no easement shall exist unless the same has been approved in a recordable writing by the other Owner, as required by this Declaration. Such easements shall continue for as long as the encroachment exits and shall not affect the marketability of title. 22 A.4. Easement for Maintenance, Repair, Replacement and Reconstructio�t. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Owners of the other Lot to an exclusive, appurtenant easement on and over the Lots and Units for the purposes of maintenance, repair, replacement and reconstruction of the Party Wall and common structural elements, and utilities serving the Units. A.S. Continuance and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth here shall supplement and not limit any easement descnbed elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Lots for purposes of maintenance, repair, replacement and reconstruction. A.6. Easements are Appurtenant. All easements and similaz rights burdening or benefitt�ng a Lot or any other part of the property shall be appurtenant thereto, and shall be permanent, subject only to ternunation only by unanimous writing of all Lot Owners or by the terms of the specific easement. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declazation. A.7. Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Properiy. B. PARTY WALLS AND OTI3ER COMMON ELEMENTS B.1. General Rules of Law to Apply. Each w�ll which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots and those walls forming the peruneter of the interior easement, including covered structural components and the �roof system over the party wall, shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. B.2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use, provided that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner. B.3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and the other Owners thereafter shall contribute to the cost of restoration thereof in proporhon to such use without prejudice, however, to the right of any such Owners to call for a lazger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Insurance claims shall be made promptly following any casualty. B.4. Weatherproofing. Notwithstanding any other provision of this Declazation, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of fiunishing the necessary protection against such elements. B.S. Right to Contribution Runs With Land. The right of an Owner to contribution from any other Owner under this Declazation sha11 be appurtenant to the Unit and sha11 pass to such Owner's assign and successors in title. B.6. Insurable Claims. An Owner shall not assert his or her right of contribution from another Owner until all claims have been submitted to both homeowners' insurance policies and either rejected or only partially paid. C. RESTRICTIONS ON USE OF PROPERTY C.1. Generai. All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions. The Property sha11 be owned, conveyed, encumbered, leased, used and occupied subject to this Declaration, as amended from time to time. All covenants, restrictions and obligations set forth herein shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an'vnterest in the Property, their heirs, personal representatives, successors and assigns. C.2. Su6division Prohibited. No Unit or Lot may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. C.3. Residential Use. 'The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, commercial, business or other non-residential purposes. "Residential use" sha11 be determined by the ordinances and regulations of the City of Fridley, Minnesota. 23 C.4. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or on any Lot; except an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees. If a use is not otherwise determined by the foregoing provisions, "business use" of a dwelling unit shall be determined by the ordinances and regulations of the City of Fridley, Minnesota. C.S. Leasing. Leasing of Units shall be allowed, subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased, (iii) that all leases shall be in writing and shall for a term of not less than six (6) months, and (iv) that all leases shalt provide that they are subordinate to and subject to this Declaration, and (v) that any failure of the lessee to comply with the terms of this Declaration shall be a default under the lease. - C.6. Parking. Garages and driveway azeas on each Lot shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests. Owners, Occupants and their guests shall pazk only on their own portion of their driveway adjacent to the Unit. No Owner or Occupant shall park - in a portion of the driveway as to obstruct any other Owner from accessing such Unit and gazage or to obstruct any other Owner from accessing such Unit and garage in violation of any cross easement agreement between the Owners regarding use and access to such Unit and garage. C.7. Outside Storage. Outside storage of items, including but not limited to, sporting equipment, - toys, outdoor cooking equipment, yazd and gazden tools and trash and garbage containers shall not be stored outside. No boats, snowmobiles, motorcycles, trailers, camping vehicles, tractors/trailers, trucks in excess of 9,000 pounds gross weight or passenger vehicles that aze not currently licensed or passenger vehicles that do not operate shall at any time be stored ot pazked outside of a garage. C.8. Animals. No animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property, except that dogs, cats and other household pets may be kept pursuant to the ordinances and regulations of the City of Fridley, Minnesota. All pets must be restrained on the Owner's Lot by fencing or by a leash. Pet waste shall be promptly removed and lawfully disposed by the Owner of the pet. C.9. Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. C.10. Compliance with Law. No use shall be made of the Property which would violate any then exiting municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, case a material increase in insurance rates on the Property, or otherwise cause any unusuai liability, health or safety risk, or expense, for any Owner or Occupant. C.11. Alterations. No alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively refened to as "alterations") shall be made, or caused or allowed to be made, by any Owners or Occupant, or their guests, to any part of the roof system, siding, exterior doors, windows, driveways, retaining walis, landscaping, or in any part of a Unit which is visible from the exterior of the Unit, without the prior written authonzation of the other/adjoining Owner. There shall be no alterations to the outside appeazance of the Units, including without limitation the exterior paint color(s), the siding material, the roofing material, and landscaping without the prior written authorization of the other/adjoining Owner. Any alteration shall principally use materials of the same quality, kind, color, height, length and chazacter as those originally instalied on each Living Unit. C.12. Time Shares Prohibited. The time shaze form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. : � C.13. Fences. Any fences erected shall be approved by all Owners prior to construction. Fences erected on the common boundary between the two Lots shall be governed by the same covenants as contained herein for the Party Wa1L - C.14. Exterior Antennas. Antennas may not be erected, installed or maintained on the exterior of any Unit or on any Lot except in accordance with the ordinances and regulations of the City of Fridley, Minnesota. C.15. Landscaping. Except for retaining walls and fences which are common to both Lots, each Owner shall maintain finished landscaping over all earthen portions of the Lot except those portions which are covered by impervious surfaces such as driveways and sidewalks. 24 D. MAINTENANCE D.1. Maintenance by Owners. Each Owner of a Lot shall maintain his/her Lot and the exterior of his/her Unit in good condition and repair. Materials used for the roof system, the siding, the exterior trim, windows, and doors shall be identical in quality, composition and color for the two Lots. T'he Owners of the two Lots, when necessary, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, shall provide for all maintenance, repair or replacement (collectively referred to as "mamtenance") for exterior maintenance upon each Unit: paint and replace roofs, gutters, downspouts, decks, garage doors (except hardware), exterior siding, tnm, and other building surfaces; repair and replace siding, trim elements, roofing, and fencing; and provide for lawn, shrub and tree maintenance on all landscapmg. All maintenance of each Lot and Unit shall be the sole responsibility and expense of the respective Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the other Owners of defects in or damage to those parts of the Property which the other Owner is obligated to maintain. To the greatest extent possible, the Owners shall conduct exterior maintenance together or under one contract: painting of the exterior of the Units; replacement of exterior trim and siding; replacement of the roof over one Unit shall require the replacement of the roof over the other Unit; driveways shall be maintained and repaired at the same time; and other such mutually beneficial work shall be performed concurrently for both Lots and both Units. The expenses of repairing, maintaining, and repiacmg entire exterior systems (such as the roof, siding, or trim) sha11 be shazed equally by the Owners of the two Units. Incidental or minor repairs, maintenance or replacement of the exterior components of only one Unit shall be the sole responsibility and expense of that Unit's Owner. D.2. Dnmage Caused by Owner. Notwithstanding any provision to the contrary, if: a. In the judgment of one Owner, the need for maintenance or repairs of any part of the Property is caused by the willful or negligent act or omission of an Ownei' or Occupant, or their guests, or by a condition in a Unit wluch the Owner or Occupant has willfully or negligently ailowed to exist; � b. If the damaged or deteriorated element has been claimed and rejected as an item which is not covered as an insured casualty or insured peril under the then-current homeowner's insurance; then the other Owner may commence an altemative dispute resolution proceeding in accordance with the altemative dispute resolution provisions hereinafter contained in this Declarat�on to determine the cause of such damage or condition and to determine the necessity of such maintenance, repairs or corrections. E. INSURANCE E.1. Required Coverage. Each Owner shall, to the extent reasona.bly available, obtain and maintain, a policy or policies of insuranCe issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows. Each Owner shall maintain property insurance in broad form covering a11 risks of physical loss in an amount equal to one hundred percent (100%) of the insurable "replacement cost" of the Property, less deductibles, and without deductions for depreciation. Each Owner shall maintain comprehensive public liability insurance covering the ownership, existence, management, use, operation and maintenance of the property, with minimum lunits of $300,000 per occurrence, against claims for death, bodily injury and property damage, and such other risks as aze customarily covered by such policies for projects similar in construction, location and use to the Property. Duplicate originals of an Owner's policy of physical damage insurance and of all renewals of such insurance, together with proof of payment of premiuxns, shall be delivered to the other Owner, and if requested, to the Owner's Mortgagee, ten (10) days prior to the expiration of the then current policies. The Owners shall not do or permit any act or thing to be done in or to the Party Wall which is contrary to law or which invalidates or is in conflict with the Owner's policy of physical damage insurance. To the extent commercially practicable or reasonable, the Owners of the Lots shall maintain such casualty insurance coverage with the same insurance company. In the event the Owners cannot agree on which casualty insurance company to retain and insurance is procured through different casualty u►surance companies, each Owner will be required to procure and maintain an endorsement to such insurance company providing that the insurance provider may not deny coverage to such Owner due to any fault, negligence or action of the adjoining Owner. E.2. Appiication of Insurance Proceeds. In the event of a property casualty, the proceeds of the Owner's msurance shall be used the rebuild, repair, and replace the damaged components if either Owner desires to have the property rebuilt, repaired, or replaced. This provision supersedes any provision to the contrary in any mortgage encumbering the property recorded or filed after the recording or filing date of this Declazation. E.3. Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insurance with all risk endorsements and to the extent benefits are paid under such a policy, the Owners of each Lot do hereby mutually release the Owners of the other Lot, and their respectave officers, agents, employees and invitees, for all claims for damage or destruction of their respective physical properties if such damage or destruction results from one or more of the perils covered by the standard Minnesota form of fue and extended coverage insurance. To the extent reasonably available, each Owner shall obtain a waiver of subrogation by the insurer in tlie homeowner's insurance policy wherein the insurer waives its right of subrogation to any claim which is within the class of possible clazms that have herein been mutually released by and between the respective Owners. 25 F. RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN F.1. Reconstruction. Any repair or reconstruction of a Unit shall be substantially in accordance with the plans and specifications of the Property as initially constntcted and subsequently improved. F.Z. Condemnation and Eminent Domain. In the event of a taking of any part of the Property by - condemnation or eminent domain, each Owner shall have the right to prove damages to their respective - property and to retain all proceeds. In connection with any Party Wall or shared structural component, the Owner of a Unit that is not taken by eminent domain shall have the right to have the remainder of the other structure demolished and to claim damages for lateral support for the remaining Unit. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the �riorities established by their respective mortgages. G. DISPUTE RESOLUTION G.1. Mediation and Arbitration for Maintenance and Repair Disputes. In the event that: a. the Owners are unable to agree on the determination that an item of repair, replacement or maintenance is immediately necessary; or, b. the Owners are unable to agree on the scope and cost of a necessary repair, or, c. the Owners are unable to agree on the determination of Owner negligence, willful act, or _----- - - - -_ _ __ _ _ omission as the cause of a necessary repair; and, d. if the damaged or deteriorated element hasbeen claimed and rejected as an item which is not covered as an insured casualty or insured peril under the then-current homeowner's insurance; then the questions of necessity, cost, and/or cause shall be submitted immediately to binding azbitration in accordance with the azbitrahon provisions recited below. In the event of any other dispute arising conceming maintenance, repair, or replacement of a party wall, exterior components, landscape or other common or shared elements, and if the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall be submitted to mediation, through a mutually agreeable mediation provider. In the event the Owners reach an impasse, the matter in dispute shall be submitted to binding arbitration at a mutually agreeable arbitration provider. The Rules of Arbitration within Minnesota Statutes shall apply. In the event the Owners m dispute cannot choose a mutually agreeable arbitration provider, each Owner shall choose an arbitrator. The two arbitrators so chosen sha11 then select a third azbitrator who shall hear and decide the matter, and the selection of the third arbitrator by the two Owners' arbitrators shall be final. Each party agrees that the decision of the arbitrator shall be binding and conclusive of the questions involved. G.2. Other Disputes. For disputes not covered by the provisions above, each Owner may commence legal action to recover sums due for necessary repairs, replacements and/or maintenance, for damages, for injunctive relief, or any combination thereof, or any action for any other relief authorized by this Declazation or available at law or in equity. G.3. Costs of Legal Disputes. The fees of the mediator shall be shared equally by the Owners, but each party shall pay its own attorneys' fees or other costs. In any legal proceeding other than mediation, the prevailmg party shall have the nght to recover reasonable attorneys' fees and costs determined by a court or by an azbitrator. G.4. Liability for Owner's and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by such Owner or Occupant. H. LIEN FOR MAINTENANCE AND REPAIRS H.1. Lien for Maintenance and Repairs. Although it is highly advisable for the Owners to contract ' jointly for maintenance and repairs and to simultaneously pay for such contracted work, either Owner may, in the absence of the other Owner, or in the absence of the other Owner's cooperation, or in the absence of the other Owner's timely payment, or in the absence of a willingness to fully use the - altemative dispute resolution provisions of this Declazation, contract for and pay for labor or materials to be provided to both Lots. The paying Owner shall have a lien on the Lot of the nonpaying Owner for that portion of the contract payment which is allocable to the nonpaying Owner's Lot with mterest accruing from the actual date of payment at the statutory interest rate chargeable for judgments obtained in district court. Such lien shall be subordinate anly to the lien of a first mortgage holder. H.2. Written Notice of Lien. To evidence the lien for such unpaid amounts, the paying Owner may prepare a written notice of lien, setting forth the amount of the lien, the date(s) that contract payments were made, that interest is accruing at the statutory interest rate chargeable for judgments obtained in district court, the name of the nonpaying Owner, and the legal description of the nonpaying Owner's Lot. The written notice of lien may be filed in the o�ce of County Recorder/Registraz of Titles; 26 provided, however, that such written notice of lien shall not be filed until at least thirty (30) days have passed since the later of the dates upon which the paying Owner first made a payment for maintenance or repair work or upon which the paying Owner provided written demand for payment to the nonpaying Owner. H.3. Foreclosure of Lien. Such lien may be enforced and foreclosed in the manner prescribed by Minnesota Statutes for the foreclosure of a mechanic's lien. In the event of such lien foreclosure, all costs and expenses, including actual attomeys' fees, incurred by the paying Owner after the date that the paying Owner first made a payment for maintenance or repair work, shall be paid by the nonpaying Owner or by such person who redeems the interest of the nonpaying Owner regardless of whether or not such payment is made before (amounts in default) or after (redemption amount) the sheriff's sale. All such costs and attorneys' fees shall be further secured by the written notice of lien. The foreclosing Owner sha11 have the right and power to bid at the foreclosure sale other legal sale and to acquire, hold, convey, lease, rent, encumber, used and otherwise deal with the Lot as the owner thereof. I. GENERAL PROVISIONS I.1. Amendments. This Declaration may be amended by the unanimous writing of the Owners of the two Lots and with the consent of first mortgagees. The Arnendment shall be effective when recorded or filed for record. I.2. Mechanic's Liens. Each Owner of a Unit who fails to maintain their. property in accordance with this Declaration ("defaulting Owner") agrees to indemnify and hold harmless the Owner of an adjoining Unit and such Owner's Lot for any Mechanic's or Materialmen's Liens arising from work done or material supplied to make repairs or replacements for which the defaulting Owner is responsible. I.3. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. I.4. Recording. The Owners understand and agree that this Agreement shall be recorded in the office of the County Recorder in and for Anoka County, Minnesota, and that the Agreement is binding on the Owners and their heirs, successors, and assigns. I.S. Term. The covenants, conditions, and restrictions of this Declaration are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants and restrictions aze recorded, after which time they shall be automatically extended for successive periods of 10 years. 'Fhis Declaration may only be ternunated by the Owners if, the consent of the City of Fridley City Council or an order of a court of competent jurisdiction, is obtained. I.6. Enforcement. Any Owner sha11 have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by ttus Agreement Failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. J. RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in this Declaration, first Mortgagees shall have the following rights and protections: J.1. Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of all Owners and first Mortgagees thereof. J.2. Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a fi�st mor�gage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit subject to any judgment of lien of the other Owner obtained m a court of competent jurisdiction for damages accrued in enforcing the terms of this Declaration for repairs and maintenance of the property. J.3. Priority for Condemnation Awards. No provision of this Declazation shall give an Owner, or any other party, priority over any rights of a mortgagee of a Lot pursuant to its mortgage in case of a distribution to such Owner of condemnation awards for losses to or a taking of the Unit. ***�*** 27 � AGENDA ITEM � _ ____. __ _ _ CITY COUNCIL MEETING OF OCTOBER 24, 2005 qT1f OF FRIDLEY DATE: October 18, 2005 ' m W. Burns Ci Mana er �� TO: Willia , tY 9 � FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Van Auken Addition M-05-114 INTRODUCTION On June 1, 2005, the Planning Commission considered plat request PS #05-03, by Timothy Van Auken. Mr. Van Auken plans to replat and subdivide the properties located at 1475 73`d Avenue and 1485 73�d Avenue for the purpose of building two twin homes. City Staff and the Planning Commission recommend approval of plat request, PS #05-03, with 12 stipulations. At the June 27, 2005, City Council meeting, the preliminary plat was approved, with 12 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Van Auken Addition development. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the attached development agreement as submitted. 28 DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 2005, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Timothy Van Auken, developer, (hereinafter collectively called the "Developer") WHEREAS, The Developer has made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: Lot 27 and 29, Auditor's Subdivision #129, Anoka County, Minnesota (the "Subdivision"); and to be described as LOTS 1-6, BLOCK 1, VAN AUKEN ADDITION (See attached Exhibit C). WHEREAS, the City Council, by resolution # , adopted , 2005, granted Developer's plat request for a portion of the property to allow the construction of a four unit twin home development on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 2005, (See Exhibit C) and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "Public Improvements". 2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall retain a licensed professional engineer to design and submit plans for approval by the City Engineer of all public and private site, 1 street, and utility improvements. The Developer shall be responsible for all costs to design, construct, inspect, and administer the improvement contract and be required to escrow funds as surety as listed in Exhibit B. Public Improvements including street construction, water main and services, sanitary sewer main and services, and storm sewer shall be on a separate set of plans from the private improvements to allow the City to bid and construct the public improvements as a City project. All plans and original survey information shall be provided to the City in an AutoCADD compatible electronic format. The Developer shall do all site grading (unless otherwise determined and approved by City Engineer), common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and erosion control plan. A grading plan with maximum two-foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The Developer shall be required to provide finished (sodded) elevation stakes and hubs for all drainage areas and any other areas as required by the City Engineer. The location of the sod elevation staking and hubs are to be located at lot corners and spaced every 20 feet. These locations must be submitted and approved on the development plan and installed at the site prior to issuance of any building permits. C. The Developer shall control soil erosion insuring: All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. D. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and individual owners within the development that they 2 assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. E. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. F. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading). G. The Developer shall remove and/or treat all dead or diseased trees (as determined by the CityForester) before building permits will be issued. Burying or burning of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the plat. The Developer shall mow all tall grass and weeds on vacant lots and boulevard areas periodically throughout the season or as required by the City. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until all lots within the Subdivision have homes constructed upon them. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. The Developer shall make provisions that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. K. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. L. Estimated cost of Developer's improvements, description and completion dates are as listed in the Attached Exhibit B: Furthermore, Developer shall be responsible for all of the development costs and fees outlined in the Stipulations listed in Exhibit A, attached hereto and made a part hereof. M. Construction of Developer's Improvements: Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements and Public Improvement Contract Administration as indicated in Exhibit B. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Fridley and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically renewed or replaced by not later than thirty (30) days prior to its expiration with a like Letter of Credit. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. 4 3 P. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's improvements until such improvements are completed and accepted by the City. Q. Upon written final acceptance of the Developer's improvements by the City Engineer, a one year maintenance bond shall be provided by the Developer for any areas not covered by the Minnesota Pollution Control Agency (NPDES) erosion control permit. The warranty will include but not be limited to the cost of turf restoration and erosion control. CITY INSTALLED IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Public Improvements"), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: A. Street grading, graveling and stabilizing, including construction of berms and boulevards (hereinafter called "Street Improvements"); B. Storm sewers, when determined to be necessary by the City Engineer, including all necessary mains, catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements"); C. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances (hereinafter called "Sanitary Sewer Improvements"); D. Water mains, laterals or services, hydrants, valves "Watermain Improvements"); E. F extensions, including all necessary building and other appurtenances (hereinafter called Permanent street surfacing, sidewalks/trails (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements"). Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements") G. 1. Construction Procedures. All such improvements set out in Paragraph 3.A-F above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such 5 improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of improvements under the City's complete supervision. 2. Security, Levy of Special Assessments and Required Payment Therefore. Prior to the approval of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in an amount equal to one hundred five percent (105%) of the total estimated cost of said improvements as approved by the City Engineer and indicated in Exhibit B. Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph 3.G.4 hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally approved by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levy of the assessments. 3. Required Pavments of Special Assessments bv Developer. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said 6 certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. 4. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph 3.G.2 hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 4. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in second paragraph of Section 3.G.3 on page 6. 5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of 7 acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. Where a platted street intersects an existing publicly maintained road, the City Building Official will only issue building permits on lots that are within 150 feet of a hard surfaced roadway. In the event lots are more than 150 feet from a hard surfaced roadway, the Developer shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining lots within the development after the first lift of the asphalt has been installed on the street. The City shall require that a"Hold Harmless Agreement" be provided by the developer if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. A letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal/treatment of all dead, dying or diseased trees, as determined by the City Forester, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City 8 Engineer. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. D. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued to allow adequate time for an inspection to be completed of all the required improvements. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the lot shall be completed as specified by City Code. In the event a lot has not had the required 4 inches of black/organic dirt spread and been seeded or sodded prior to issuance of a Certificate of Occupancy, the builder shall post a$2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for incomplete items. The City Building Official will issue a stop work order for violation of silt fencing, erosion control and tree protection. 7. CLEANUP. Developer shall promptly clean dirt and debris from streets daily and surrounding properties that have resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and assess all cost to the developer. The Developer shall be responsible for rubbish blown off the building site. 9 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. 9. INSURANCE. Developer and/or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Three Hundred Thousand and no/100 ($300,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent 10 jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 12. GENERAL. A. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions, bond and security. D. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assiqnment and Third Partv Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. 13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer; builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its 11 option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. SIGNED AND EXECUTED by the parties hereto on this day of , 2005 DEVELOPER CITY OF FRIDLEY Owner: Timothy Van Auken ATTEST: Debra A. Skogen, City Clerk By: Scott J. Lund, Mayor 12 EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. Petitioner shall obtain all necessary permits prior to construction. 2. Any remaining debris from demolition of existing structures and any brush piles on site shall be removed prior to granting of final plat. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay required park dedication fees of $3, 000 prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin homes shall meet all parking requirements. 10. Add appropriate address and marking requirements per Fire Code. 11. The petitioner shall agree to the terms of a development agreement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat approval. 12. The petitioner shall file a perpetual easement for access to Lot 1 on the records of Lot 2 and a perpetual easement for access to Lot 4 on the records of Lot 3. 13 EXHIBIT 6- DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION DATES OF DEVELOPER'S AND PUBLIC I M PROVEM ENTS I. Developer's Improvements Estimated Cost Completion 1. Site grading, certification letter, as-builts $= 0- _/ / 2. Lot Stakes $ -0- / / 3. Diseased Tree Removal $ -0- / / 4. Erosion control, sweeping, tree protection $_1,000 on-going 5. Installation of sod on boulevards $_2,500 on-going I. Total Estimated Cost for Developer's Improvements $ 3,500.00 II. Public Improvements Contract Admin. Estimated Cost Completion 1. Design of Public Improvements $-0- _/ / 2. Construction staking and survey $= 0- on-going 3. Street and Utility As-Builts $= 0- _/ / I I. Total Estimated Cost for C.A. of Public Improvements $ -0- Developers Improvements and Contract Administration Total (I +II) $ 3,500 Estimated Legal, Inspection, and Administrative Cost (15%) $ Security Requirement (150%) $ 14 III. Public Improvements Construction Costs Estimated Cost Completion 1. Site Grading $ -0- _/ / 2. F& I Water Main and Services $ 20,900 6/ 1/ 06 3. F& I Sanitary Sewer Main and Services $ 11,475 6/ 1/ 06 4. Street Grading, Concrete Curb and Surface $_20,900 6/ 1/ 06 III. Total Estimated Construction Cost of Public Improvements $ 93,186.00 Construction Security Required (105%) $ 15 EXHIBIT C- PLAT APPROVED BY FRIDLEY CITY COUNCIL 16 � � CffY OF FRIDLEY Date: To: From: Subject AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 19, 2005 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner CP #OS-02, Van Auken Plat Minor Comprehensive Plan Amendment Background On June 27, 2005, the City Council approved a preliminary plat to create 6 residential lots out of two lots zoned R-3, multi unit residential. During the platting process, staff noted that the property was zoned R-3, making the proposed use for new twin homes compatible to the zoning. The Comprehensive Plan; however, guided future use ofthese two lots as R-1, one family residential. The properties were likely guided as R-1 because a single family home exists on each of the lots, which were actually zoned R-3. Staff pointed out to the Council at the time that a Comprehensive Plan amendment would need to be considered if the plat was approved. Analysis The redevelopment of the Van Auken property is consistent with the zoning of this property. However, 1475 and 1485 73rd Avenue are two of those properties in the community where the use does not match the zoning. The City Council decided at the time of the last Comprehensive Plan update to address these discrepancies on a case-by-case basis. While some of the neighbors voiced concern at the public meetings regarding the preliminary plat that the R-3 zoning was not compatible with the neighborhood, the five properties to the west of these two lots (now six lots after plat is complete) are also zoned R-3. In fact, the property adjacent to the west is a 21-unit apartment building. There are also several properties (eight parcels) further down the block to the east which are zoned R-3. Thus, from staff's perspective, the maintenance ofthe R-3 zoning for 1475 and 1485 73rd Avenue is not spot zoning as some opponents have debated. Staff analyzed potential impact of this amendment to the metropolitan systems, as required by the Metropolitan Council, and finds no notable impact that the Metropolitan Council will find objectionable. Commission Action The Planning Commission held a public hearing regarding this minor Comprehensive Plan amendment for 1475 and 1485 73rd Avenue on August 3, 2005. After discussion and comments from the public, the Commission recommended approval of the amendment on a five to one vote. Recommendation Staff recommends City Council approval of the attached resolution authorizing a minor Comprehensive Plan Amendment request to maintain the R-3, multi unit residential, zoning designation for the properties located at 1475 and 1485 73rd Avenue to the Metropolitan Council. M-OS-115 RESOLUTION NO. -2005 RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, CP #OS-02, BY TIMOTHY VAN AUKEN, FOR PROPERTY LOCATED ON LOTS 1-6 VAN AUKEN ADDITION, GENERALLY LOCATED AT 1475 AND 1485 - 73"d AVENUE NE, FRIDLEY WHEREAS, the Planning Commission held a public hearing on the minor Comprehensive Plan Amendment , CP #OS-02, on August 3, 2005 and recommended approval; and WHEREAS, the City Council also conducted a public review of the Comprehensive Plan Amendment and approved the Amendment at their October 24, 2005 City Council meeting; and WHEREAS, the Metropolitan Land Planning Act (MN Statutes 473.851 - 473.872) requires that local government units prepare and submit minor amendments to the land use plans to the Metropolitan Council; and WHEREAS, a minor amendment is defined as changes to the future land use plan where the affected area is small or where the proposed future land use will result in minor changes in metropolitan service demand; changes in the urban service area involving less than 40 acres; change to plan goals and policies that do not change the overall thrust of the Comprehensive Plan; and WHEREAS, the City has determined this Comprehensive Plan change and associated rezoning of this one-family residential property to R-3, multi-unit residential, to be a minor amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CP #OS-02. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24t'' DAY OF OCTOBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director October 19, 2005 ST 2005 - 3: 73-1/2 Avenue Cul-de-sac Extension PW05-056 On Wednesday, September 21, 2005, bids were opened for the 73-1/2 Avenue cul-de-sac extension, Street Improvement Project I`io. ST. 2005 - 3. This project is being driven by the Van Auken plat and twin-home development plus the council"s desire to advance the reconstruction of the end of 73-1/2 Avenue to coincide with this construction. Five bids were received with the low bid coming from Dave Perkins Contracting, Inc., of Ramsey, MI`I, in the amount of �93,186.00. The costs are to be split between the developer paying �60,723.50, the City of Fridley Water Fund paying �12,500.00 to complete a budgeted watermain looping project, and the City of Fridley Street Fund paying �19,962.50 for the reconstruction of the existing bituminous curbed portion. The adjacent residents will be assessed a portion based on existing policy. Recommend the City Council receive the bids and award the contract for the ST. 2005 - 3 to Dave Perkins Contracting, Inc., of Ramsey, MI`I, in the amount of �93,186.00. Jtiti:cz Attachment BID FOR PROPOSALS 73-1/2 AVENUE IMPROVEMENT PROJECT NO. ST. 2005 - 3 WEDNESDAY, SEPTEMBER 21, 2005, 10:00 A.M. PLANHQLDER ' ' BID BOND ' BID ' ADDENDUM < Dave Perkins Contracring Inc West Bend Mutual $ 93,186.00 14230 Basalt Street NW Ramsey MN 55303 G F Jedlicki Inc Great American $ 102,650.00 14203 West 62nd Street Eden Prairie MN 55346 Forest Lake Contracting Inc. Western Surety $ 109,008.00 14777 Lake Drive Forest Lake MN 55025-9461 Park Construcrion Company Western $ 113,551.85 23260 Main Street Ste 6 Hampton MN 55031 W. B. Miller Inc. Developers $ 123,357.00 6702 Norris Lake Road NW Elk River MN 55330 Davies Water Equipment Co. NO BID Northern Water Works Supply Inc. 1694 91st Ave NE Blaine MN 55449 Hardrives, Inc. NO BID 14475 Quiram Drive Rogers MN 55374-9461 Midwest Asphalt Corporarion NO BID 5929 Baker Road Ste 420 Miiiiietonka MN 55345 Minneapolis Builders Exchange NO BID 1123 Glenwood Ave Minneapolis MN 55405 Miiiiiesota Pipe & Equipment NO BID 5145 2llth Street W Farnungton MN 55024 National Waterworks NO BID 15800 West 79th Street Eden Prairie MN 55344 North Valley Inc. NO BID 4105 85th Ave N Brooklyn Park MN 55443 Penn Contracting Inc. NO BID 13025 Central Ave NE Ste 200 Blaine MN 55434 BID FOR PROPOSALS 73-1/2 AVENUE IMPROVEMENT PROJECT NO. ST. 2005 - 3 WEDNESDAY, SEPTEMBER 21, 2005, 10:00 A.M. � � CffY OF FRIDLEY TO: FROM AGENDA ITEM COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2005 BUDGET DATE: September 27, 2005 Attached you will find a resolution amending appropriations to the 2005 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. R D P/ce Attachment Resolution # - 2005 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2005 BUDGET FOR JANUARY THRU SEPTEMBER, 2005 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2005. NOW, THEREFORE, BE IT RESOLVED that the following funds will be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Sale of Misc Property Police-Reimbursement Police-Reimbursement Police-Reimbursement Fire-Reimbursement PW-Sale of Miscellaneous Property Recreation-Donation Recreation-Donation Recreation-Donation Public Works-Donation Recreation-Donation Recreation-Donation APPROPRIATION ADJUSTMENTS Police-Other Services & Charges Police-Other Services & Charges Police-Personal Services Police-Other Services & Charges Police-Personal Services Police-Supplies Police-Personal Services Police-Other Services & Charges Police-Other Financing Uses Police-Personal Services Police-Other Services & Charges Fire-Personal Services Fire-Personal Services 57 60 571 608 645 677 720 3,344 11,632 457 2,523 500 1,100 2,225 480 500 1,292 27,391 57 60 571 608 645 677 720 3,344 6,750 -6,750 11,632 403 6 Citizen Dakota County Safe/Sober Grant Citizen Safe/Sober Grant Safes Anoka County Squad # 342 POST Training CAT-Chemical Assessment Team Auction of Vehicles Fridley Lions Medtronic's Amer Legion & Visitors Bureau ACE Solid Waste TCF Bank Various Donors Repair Squad Car Transport by Dakota County Operation Nite Cap Repair Squad Car Operation Nite Cap Safe Transport for Anoka County Repair Squad Car Match for JAIBG Grant Transfer to Account 4720 POST Training CAT-Chemical Assessment Team CAT-Chemical Assessment Team Fire-Personal Services Fire-Personal Services PW-Other Services & Charges Recreation-Other Services & Charges Recreation-Other Services & Charges Recreation-Other Services & Charges Non-Departmental-Miscellaneous Muni Center-Other Services & Charges Park Main't-Supplies Recreation-Other Services & Charges Recreation-Other Services & Charges Recreation-Personal Services REVENUE ADJUSTMENTS Transfer In From Other Funds Transfer In From Other Funds APPROPRIATION ADJUSTMENTS Personal Services REVENUE ADJUSTMENTS Donation APPROPRIATION ADJUSTMENTS Operating Supplies 25 23 2,523 500 1,100 2,225 -944 944 480 250 250 1,292 27,391 GRANT MANAGEMENT FUND 6,750 22,278 29,028 6,750 6.750 SPRINGBROOK NATURE CENTER FUND 1,500 1.500 1,500 1.500 CAT-Chemical Assessment Team CAT-Chemical Assessment Team Auction Advertising Wnterfest 2005 Computer for Senior Center Fridley 49er's Festival To 0660 to fix voice mail From 0990 to fix voice mail Community Gardens Sign 49er's Teen Dance 49er's Teen Dance Commons Warming House Transfer from General Fund-Police Transfer from Sewer Fund City's share of SNC Clean Water Partne Match for Police JAIBG Grant Wal-Mart Halloween in the Park STREETS CAPITAL I MPRO VEMENT REVENUE ADJUSTMENTS Streets-Muni State Aid APPROPRIATION ADJUSTMENTS Streets-Other Financing Uses CAPITAL IMPROVEMENT FUND 330,000 330,000 2004 Street Construction Project 2004 Street Construction Project PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24T" DAY OF OCTOBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2005 TREE ABATEMENT DATE: October 20, 2005 Attached you will find the final assessment roll for the 2005 Tree Abatement along with the Resolution to adopt the assessment. The assessment includes 1 property at a cost of $1,984.60. The property owner has signed an assessment agreement that states the assessment will be certified for 5 years. The interest rate will be 6.5%. RDP/gt Attachment RESOLUTION NO. -2005 RESOLUTION ADOPTING ASSESSMENT FOR 2005 TREE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all obj ections to the proposed assessment for the 2005 Tree Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ASSESSMENT ROLL FOR 2005 TREE ASATEMENT Name PIN No. Actual Assessment Marvin Cronier 11-30-24-24-0047 $ 1,984.60 7421 Lyric Lane NE Fridley, MN 55432 � � CffY OF FRIDLEY T0: AGENDA ITEM COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR SANDRA K. HARA, UTILITY BILLING CLERK SUBJECT: DATE: CERTIFICATION OF DELINQUENT UTILITY SERVICES October 21, 2005 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with property taxes in the year 2006. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay their bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoption of the resolution to pay without penalty. RDP/me Attachment RESOLUTION NO. 2005 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY FOR COLLECTION WITH THE 2006 PROPERTY TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County for collection with the property taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County for collection with the 2005 taxes due and payable in the year 2006, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24tn DAY OF OCTOBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 11 � � ' � • : � CITY OF FRIDLEY DELINQUENT UTILITY SERVICES - 2005 PIN ACCT # �OCATION # ADDRESS BALANCE PENALTY ACTIVE ACCOUNTS: 26 30 24 32 0062 23 30 24 23 0087 23 30 24 22 0055 14 30 24 23 0086 26 30 24 32 0079 26 30 24 32 0027 26 30 24 23 0064 26 30 24 23 0080 26 30 24 23 0104 23 30 24 23 0133 23 30 24 34 0031 23 30 24 31 0075 23 30 24 31 0055 23 30 24 31 0055 23 30 24 31 0055 23 30 24 31 0055 23 30 24 31 0052 23 30 24 21 0130 23 30 24 21 0103 11 30 24 21 0019 11 30 24 21 0020 11 30 24 21 0048 23 30 24 21 0066 14 30 24 34 0071 14 30 24 34 0079 14 30 24 34 0082 14 30 24 34 0083 14 30 24 34 0017 14 30 24 34 0016 11 30 24 21 0015 23 30 24 34 0062 14 30 24 34 0066 23 30 24 13 0120 23 30 24 24 0116 23 30 24 43 0022 23 30 24 42 0026 23 30 24 14 0054 24 30 24 11 0066 13 30 24 44 0049 15 30 24 43 0093 15 30 24 43 0042 15 30 24 43 0017 15 30 24 43 0023 14 30 24 31 0027 14 30 24 31 0024 13 30 24 42 0047 15 30 24 14 0039 15 30 24 14 0029 14 30 24 24 0021 13 30 24 13 0109 14 30 24 24 0061 14 30 24 13 0050 14 30 24 11 0030 13 30 24 22 0065 10 30 24 41 0065 12 30 24 13 0026 12 30 24 13 0035 505 134585 112105 124905 1715 143735 3185 82445 141895 3555 15775 140615 97095 103585 126825 126825 15455 119335 89325 94535 94665 111525 91065 104105 142255 106785 126865 124515 94215 58165 110655 126935 19105 19185 135075 125345 93275 123085 127955 4885 4945 126495 5265 130025 118645 23205 122965 5805 120735 110145 126975 24725 25115 144165 143335 111515 141345 443880 444160 444430 444560 445080 445270 446520 446600 446640 446870 458410 458590 458600 458620 458630 458640 458680 459160 459230 500650 500670 500700 460210 460390 460480 460510 460520 460550 460570 500880 460800 461730 462270 462350 464320 464640 465290 465520 465700 448190 448250 448450 448570 465780 547430 466280 449070 449110 466580 467180 467490 467800 468190 468300 501980 502480 502520 4740 5835 6018 6530 4744 4875 4976 5045 5068 5760 5330 5519 5600 5602 5604 5606 5614 5981 6034 7501 7509 7518 5981 6111 6191 6221 6231 6244 6252 7526 5336 6130 5741 5792 537 590 731 1541 1601 140 180 110 182 415 459 1356 81 17 363 1376 391 548 801 961 105 1367 1461 2 ST 2 ST 2 5T 2 ST 21/2 ST 21/2 ST 3 ST 3 ST 3 ST 3 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 4 ST 5 ST 5 ST 5 ST 5 ST 5 ST 5 ST 5 ST 5 ST 6 ST 6 ST 7 ST 7 ST 54 AVE 57 AVE 58 AVE 60 AVE 61 AVE 62 WAY 62 WAY 63 WAY 63 WAY 63 AVE 63 AVE 64 AVE 651/2 WAY 66 WAY 66 AVE 66 AVE 67 AVE 67 AVE 68 AVE 68 AVE 71 1/2 WAY 73 AVE 73 AVE 1,201.78 559.71 509.36 2,155.64 622.71 139.62 332.16 238.63 227.77 1,169.13 765.01 357.62 434.94 342.18 741.98 321.04 541.66 555.21 40.46 557.43 305.33 396.86 649.53 543.98 82.19 505.20 215.39 125.52 1,326.28 328.24 515.94 819.28 439.12 182.63 391.58 151.64 308.79 755.69 770.96 489.46 197.77 539.41 410.13 1,115.11 386.56 337.09 1,220.74 242.02 581.95 175.00 678.03 1,146.16 152.52 561.74 263.99 296.69 2,014.41 120.18 55.97 50.94 215.56 62.27 13.96 33.22 23.86 22.78 116.91 76.50 35.76 43.49 34.22 74.20 32.10 54.17 55.52 4.05 55.74 30.53 39.69 64.95 54.40 8.22 50.52 21.54 12.55 132.63 32.82 51.59 81.93 43.91 18.26 39.16 15.16 30.88 75.57 77.10 48.95 19.78 53.94 41.01 111.51 38.66 33.71 122.07 24.20 58.20 17.50 67.80 114.62 15.25 56.17 26.40 29.67 201.44 TOTAL 1,321.96 615.68 560.30 2,371.20 684.98 153.58 365.38 262.49 250.55 1,286.04 841.51 393.38 478.43 376.40 816.18 353.14 595.83 610.73 44.51 613.17 335.86 436.55 714.48 598.38 90.41 555.72 236.93 138.07 1,458.91 361.06 567.53 901.21 483.03 200.89 430.74 166.80 339.67 831.26 848.06 538.41 217.55 593.35 451.14 1,226.62 425.22 370.80 1,342.81 266.22 640.15 192.50 745.83 1,260.78 167.77 617.91 290.39 326.36 2,215.85 PIN 12 30 24 24 0040 11 30 24 21 0035 11 30 24 21 0031 12 30 24 12 0098 03 30 24 42 0013 03 30 24 42 0012 03 30 24 42 0004 03 30 24 42 0002 13 30 24 33 0019 12 30 24 23 0016 12 30 24 23 0014 12 30 24 22 0024 12 30 24 22 0024 12 30 24 22 0021 12 30 24 22 0021 12 30 24 22 0020 12 30 24 22 0020 12 30 24 22 0019 12 30 24 22 0019 12 30 24 22 0018 12 30 24 22 0018 10 30 24 42 0007 10 30 24 12 0017 23 30 24 33 0097 23 30 24 33 0101 23 30 24 32 0003 13 30 24 14 0130 13 30 24 14 0068 24 30 24 14 0005 12 30 24 12 0037 15 30 24 11 0023 03 30 24 13 0003 13 30 24 32 0034 13 30 24 43 0018 24 30 24 44 0134 13 30 24 44 0102 12 30 24 11 0114 03 30 24 32 0035 04 30 24 11 0005 13 30 24 23 0035 25 30 24 21 0035 13 30 24 41 0036 24 30 24 24 0087 13 30 24 42 0046 12 30 24 13 0091 12 30 24 12 0077 13 30 24 24 0044 13 30 24 24 0077 13 30 24 24 0077 13 30 24 21 0003 23 30 24 43 0005 23 30 24 43 0010 14 30 24 32 0248 26 30 24 23 0092 26 30 24 22 0068 11 30 24 22 0010 11 30 24 13 0018 03 30 24 43 0034 03 30 24 43 0026 13 30 24 41 0013 03 30 24 32 0092 24 30 24 44 0041 24 30 24 41 0098 24 30 24 41 0108 24 30 24 41 0089 ACCT # 59T35 131585 143585 129625 99015 120465 121145 105625 25335 55555 145755 145135 135645 139285 134985 145075 145085 145095 145105 145115 145125 56095 114425 6315 127805 120565 110165 25945 132135 56875 109055 124135 36095 113575 25975 26875 57835 127415 70505 36125 113815 139405 132175 28955 103165 119215 125435 29295 29315 29595 29915 104515 119205 7055 7185 83965 116675 115485 62415 138565 131605 31245 31435 128495 104885 �OCATION # ADDRESS 502420 1240 731/2 AVE 503300 305 76 AVE 503340 361 76 AVE 503420 1359 76 AVE 503920 181 79 WAY 503930 195 79 WAY 503940 211 79 WAY 503960 231 79 WAY 468410 6261 ABLE ST 498340 7417 ABLE ST 498410 7447 ABLE ST 498550 7513 ABLE ST 498560 7515 ABLE ST 498640 7553 ABLE ST 498650 7555 ABLE ST 498670 7565 ABLE ST 498680 7567 ABLE ST 498690 7579 ABLE ST 498700 7581 ABLE ST 498720 7595 AB�E ST 498730 7597 ABLE ST 498830 125 A�DEN CIR 498860 7501 ALDEN WAY 449620 5417 ALTURA RD 449660 5455 A�TURA RD 449730 5489 ALTURA RD 468810 6544 ANOKA ST 469020 6683 ANOKA ST 469280 5885 ARTHUR ST 499610 7676 ARTHUR ST 449920 6705 ASHTON AVE 499720 8251 ASHTON AVE 479060 6444 BAKER AVE 469830 6250 BEN MORE DR 469050 1623 BRENNER PASS 469950 1546 BRIARDALE RD 500550 7614 BRIGADOON PL 500280 7995 BROAD AVE 546870 8320 BROAD AVE 479090 6554 BROOKVIEW DR 469760 5250 BUCHANAN ST 471420 1680 CAME�OT LN 471710 5867 CENTRAL AVE 472010 6391 CENTRAL AVE 504260 7401 CENTRAL AVE 529230 7639 CENTRAL AVE 472330 6532 CHANNEL RD 472350 6551 CHANNEL RD 472370 6571 CHANNEL RD 472650 6801 CHANNEL RD 472970 536 CHERI CIR 473050 564 CHERI LN 546020 210 CHRISTENSON WAY 450340 5017 C�EARVIEW ST 450470 5108 CLEARVIEW ST 505510 7501 COMMERCE LN 504570 7321 CONCERTO CUR 505030 170 CRAIGBROOK WAY 505040 175 CRAIGBROOK WAY 473390 1551 DANA CT 505690 625 DOVER ST 474240 5508 EAST BAVARIAN PASS 474430 5529 EAST BAVARIAN PASS 474540 5540 EAST BAVARIAN PASS 474640 5567 EAST BAVARIAN PASS BALANCE $ 549.79 322.02 296.61 322.26 807.82 414.77 934.34 791.47 881.58 369.53 155.08 821.55 556.14 664.88 544.41 330.12 124.66 265.43 288.17 391.53 474.38 309.43 446.38 300.54 1,815.24 528.91 391.18 831.89 663.15 407.13 593.52 342.87 640.48 703.86 286.19 222.43 239.07 168.72 89.35 401.12 98.10 496.18 299.29 463.05 132.02 49 0.03 120.00 2,308.03 2,392.09 1,006.65 269.03 161.88 1,037.04 158.45 387.31 33.67 510.99 519.18 201.70 342.40 465.22 200.00 597.91 105.44 209.88 PENALTY $ 54.98 32.20 29.66 32.23 80.78 41.48 93.43 79.15 88.16 36.95 15.51 82.16 55.61 66.49 54.44 33.01 12.47 26.54 28.82 39.15 47.44 30.94 44.64 30.05 181.52 52.89 39.12 83.19 66.32 40.71 59.35 34.29 64.05 70.39 28.62 22.24 23.91 16.87 8.94 40.11 9.81 49.62 29.93 46.31 13.20 41.00 12.00 230.80 239.21 100.67 26.90 16.19 103.70 15.85 38.73 3.37 51.10 51.92 20.17 34.24 46.52 20.00 59.79 10.54 20.99 TOTAL 604.77 354.22 326.27 354.49 888.60 456.25 1,027.77 870.62 969.74 406.48 170.59 903.71 611.75 731.37 598.85 363.13 137.13 291.97 316.99 430.68 521.82 340.37 491.02 330.59 1,996.76 581.80 430.30 915.08 729.47 447.84 652.87 377.16 704.53 774.25 314.81 244.67 262.98 185.59 98.29 441.23 107.91 545.80 329.22 509.36 145.22 451.03 132.00 2,538.83 2,631.30 1,107.32 295.93 178.07 1,140.74 174.30 426.04 37.04 562.09 571.10 221.87 376.64 511.74 220.00 657.70 115.98 230.87 PIN 24 30 24 44 0258 24 30 24 44 0249 24 30 24 44 0221 24 30 24 44 0191 24 30 24 44 0192 22 30 24 12 0003 15 30 24 44 0093 15 30 24 44 0006 15 30 24 41 0071 15 30 24 13 0009 15 30 24 13 0051 10 30 24 41 0023 10 30 24 14 0015 10 30 24 11 0013 03 30 24 43 0044 03 30 24 43 0008 03 30 24 31 0086 03 30 24 24 0153 03 30 24 24 0026 03 30 24 22 0083 03 30 24 42 0090 03 30 24 32 0029 03 30 24 23 0089 03 30 24 32 0011 03 30 24 23 0198 03 30 24 24 0033 25 30 24 21 0019 13 30 24 14 0060 24 30 24 12 0025 24 30 24 12 0013 24 30 24 12 0012 24 30 24 12 0008 10 30 24 14 0048 03 30 24 23 0075 03 30 24 23 0236 24 30 24 24 0051 24 30 24 24 0083 24 30 24 24 0065 15 30 24 12 0038 12 30 24 13 0057 15 30 24 12 0019 10 30 24 44 0038 10 30 24 44 0027 12 30 24 32 0004 24 30 24 12 0040 24 30 24 12 0062 24 30 24 34 0002 26 30 24 22 0100 26 30 24 22 0051 26 30 24 22 0103 26 30 24 22 0079 03 30 24 13 0010 03 30 24 24 0092 03 30 24 24 0079 03 30 24 23 0187 03 30 24 13 0005 03 30 24 24 0066 03 30 24 24 0158 03 30 24 23 0030 03 30 24 23 0029 03 30 24 23 0136 22 30 24 12 0008 22 30 24 12 0005 11 30 24 14 0015 11 30 24 14 0048 ACCT # 127095 129165 135205 30715 119445 145335 118225 128795 14555 14715 114295 143405 119885 63825 144835 96215 134175 145835 90765 111635 146055 125785 65425 139705 65595 100795 124655 32615 119475 122485 142505 33065 66145 66385 105665 145675 34025 125535 66595 67045 131755 67335 93855 144795 35125 92345 132235 142015 133945 138035 101345 129695 141575 68265 124315 68745 129755 115065 140235 140355 69325 124045 127895 144855 80865 LOCATION # ADDRESS 473490 5415 EAST BRENNER PASS 473520 5421 EAST BRENNER PASS 473640 5445 EAST BRENNER PASS 473750 5471 EAST BRENNER PASS 473780 5475 EAST BRENNER PASS 457670 5950 EAST RIVER RD 457730 6175 EAST RIVER RD 457760 6255 EAST RIVER RD 457800 6305 EAST RIVER RD 457960 6652 EAST RIVER RD 457980 6661 EAST RIVER RD 506180 7165 EAST RIVER RD 506390 7429 EAST RIVER RD 506450 7513 EAST RIVER RD 548710 7751 EAST RIVER RD 506650 7899 EAST RIVER RD 506740 8000 EAST RIVER RD 506770 8100 EAST RIVER RD 506800 8161 EAST RIVER RD 506930 8340 EAST RIVER RD 507210 220 ELY ST 507530 514 ELY ST 508020 531 FAIRMONT ST 508140 580 FAIRMONT ST 508180 615 FAIRMONT ST 507840 8087 FAIRMONT CIR 475310 5261 FIL�MORE ST 475600 6600 FRIDLEY ST 475950 1337 GARDENA AVE 476010 1437 GARDENA AVE 476020 1465 GARDENA AVE 476050 1495 GARDENA AVE 508720 148 GLEN CREEK RD 508930 565 GLENCOE ST 509030 620 GLENCOE ST 476700 1048 HACKMANN CIR 477010 5882 HACKMANN AVE 477090 5917 HACKMANN AVE 509140 101 HARTMAN CIR 509590 7458 HAYES ST 509810 6817 HICKORY ST 509870 6909 HICKORY DR 510130 6987 HICKORY DR 510510 ?298 HIGHWAY 65 478110 1340 HILLCREST DR 478270 1359 HIL�CREST DR 478650 1291 HILLWIND RD 451300 5115 HORIZON DR 451350 5144 HORIZON DR 451360 5149 HORIZON DR 452030 5132 HUGHES AVE 510600 180 HUGO ST 510610 195 HUGO ST 510800 420 HUGO ST 511220 680 HUGO ST 511270 265 IRONTON ST 511480 401 IRONTON ST 511500 420 IRONTON ST 511700 585 IRONTON ST 511710 587 IRONTON ST 511850 671 IRONTON ST 447930 190 ISLAND PARK DR 447940 191 ISLAND PARK DR 512000 7351 JACKSON ST 512030 7370 JACKSON ST BALANCE $ 202.40 412.18 518.27 30.97 411.03 1,867.04 377.09 529.11 161.52 148.15 333.27 485.15 1,038.52 611.85 2,040.39 824.10 110.00 263.41 716.74 363.92 125.29 231.72 624.31 269.63 282.23 208.37 315.23 423.35 796.51 273.39 122.08 66.95 165.52 539.61 340.67 123.75 767.52 680.53 187.25 778.96 1,810.94 126.13 165.42 281.87 354.88 600.60 505.56 152.40 456.04 483.95 86.48 162.47 347.71 443.44 519.08 641.54 434.85 344.96 334.85 206.13 272.70 3,898.11 3,930.67 436.24 255.55 PENALTY $ 20.24 41.22 51.83 3.10 41.10 186.70 37.71 52.91 16.15 14.82 33.33 48.52 103.85 61.19 204.04 82.41 11.00 26.34 71.67 36.39 12.53 23.17 62.43 26.96 28.22 20.84 31.52 42.34 79.65 27.34 12.21 6.70 16.55 53.96 34.07 12.38 76.75 68.05 18.73 77.90 181.09 12.61 16.54 28.19 35.49 60.06 50.56 15.24 45.60 48.40 8.65 16.25 34.77 44.34 51.91 64.15 43.49 34.50 33.49 20.61 27.27 389.81 393.07 43.62 25.56 TOTAL 222.64 453.40 570.10 34.07 452.13 2,053.74 414.80 582.02 177.67 162.97 366.60 533.67 1,142.37 673.04 2,244.43 906.51 121.00 289.75 788.41 400.31 137.82 254.89 686.74 296.59 310.45 229.21 346.75 465.69 876.16 300.73 134.29 73.65 182.07 593.57 374.74 136.13 844.27 748.58 205.98 856.86 1,992.03 138.74 181.96 310.06 390.37 660.66 556.12 167.64 501.64 532.35 95.13 178.72 382.48 487.78 570.99 705.69 478.34 379.46 368.34 226.74 299.97 4,287.92 4,323.74 479.86 281.11 PIN 11 30 24 14 0008 11 30 24 11 0014 11 30 24 11 0028 11 30 24 11 0023 03 30 24 23 0240 03 30 24 23 0228 03 30 24 23 0120 14 30 24 12 0053 14 30 24 33 0077 14 30 24 11 0017 13 30 24 43 0109 13 30 24 43 0025 03 30 24 23 0126 04 30 24 14 0003 12 30 24 14 0016 12 30 24 11 0102 03 30 24 42 0099 25 30 24 21 0115 10 30 24 42 0033 10 30 24 42 0028 10 30 24 42 0024 03 30 24 31 0128 03 30 24 31 0131 03 30 24 31 0066 24 30 24 31 0025 11 30 24 24 0059 11 30 24 24 0037 11 30 24 24 0040 23 30 24 13 0073 23 30 24 13 0070 14 30 24 42 0098 14 30 24 23 0099 14 30 24 23 0026 02 30 24 33 0029 24 30 24 43 0003 24 30 24 43 0028 24 30 24 42 0058 24 30 24 11 0017 24 30 24 11 0010 12 30 24 11 0086 12 30 24 12 0071 12 30 24 12 0068 12 30 24 12 0087 24 30 24 44 0013 11 30 24 13 0105 11 30 24 13 0095 11 30 24 13 0090 14 30 24 32 0033 14 30 24 42 0125 14 30 24 42 0011 14 30 24 41 0115 14 30 24 14 0078 14 30 24 14 0083 13 30 24 32 0032 13 30 24 23 0073 13 30 24 13 0021 13 30 24 13 0044 13 30 24 13 0006 14 30 24 41 0029 14 30 24 11 0062 24 30 24 42 0026 24 30 24 42 0064 24 30 24 41 0039 13 30 24 11 0095 13 30 24 11 0094 ACCT # 69615 146085 102525 104405 143475 70105 70185 89525 8915 37695 138655 38105 133025 123025 125905 70935 137695 38385 97235 71635 71685 72035 72055 144925 38985 124355 141625 97325 39585 39615 39685 114205 9735 73015 142835 114785 71075 139905 145585 113335 107685 137485 134245 42285 92125 103215 91865 9815 41145 124735 41405 111015 102175 144425 118565 41875 110505 101075 117355 83025 17045 126135 84625 138235 74445 LOCATION # ADDRESS 512130 7441 JACKSON ST 512300 7599 JACKSON ST 512310 7600 JACKSON ST 512420 7678 JACKSON ST 512530 554 JANESVILLE ST 512610 585 JANESVILLE ST 512690 641 JANESVILLE ST 480490 6821 JEFFERSON ST 452190 6220 JUPITER RD 480650 800 KENNASTON DR 480860 1400 KERRY CIR 481050 6244 KERRY LN 513000 656 KIMBALL ST 513060 735 KIMBALL ST 513280 7470 LAKESIDE RD 513430 7590 LAKESIDE RD 513570 161 LIBERT'Y ST 481330 5197 LINCOLN ST 514040 116 LOGAN PKWY 514130 200 LOGAN PKWY 514180 323 LOGAN PKWY 514530 402 LONGFEL�OW ST 514550 410 LONGFELLOW ST 514560 417 L.ONGFEL�OW ST 481930 1110 LYNDE DR 514670 7310 LYRIC LN 514720 7331 �YRIC �N 514780 7361 LYRIC LN 482530 5720 MADISON ST 482560 5750 MADISON ST 482630 6311 MADISON ST 452980 6661 MAIN ST 453010 6721 MAIN ST 515500 7835 MAIN ST 483940 5353 MATTERHORN CIR 483520 5490 MATTERHORN DR 483600 5555 MATTERHORN DR 482070 5985 MCKINLEY ST 482210 6065 MCKINLEY ST 515300 7541 MCKINLEY ST 515640 1377 MEADOWMOOR DR 515700 1413 MEADOWMOOR DR 515710 1418 MEADOWMOOR DR 485220 5522 MEISTER RD 516520 7432 MELODY DR 515960 7369 MEMORY LN 516090 7386 MEMORY LN 453090 222 MERCURY DR 484090 506 MISSISSIPPI ST 484170 574 MISSISSIPPI ST 484350 772 MISSISSIPPI ST 484400 811 MISSISSIPPI ST 484480 871 MISSISSIPPI ST 484560 936 MISSISSIPPI ST 484670 1027 MISSISSIPPI ST 484810 1361 MISSISSIPPI ST 484870 'f427 MISSISSIPPI ST 484920 1465 MISSISSIPPI ST 485650 6381 MONROE ST 485930 6862 MONROE ST 486180 1445 NORTH DANUBE RD 486420 1468 NORTH INNSBRUCK DR 486700 1546 NORTH OBERLIN CIR 516870 1517 NORTH TIMBER RIDGE 516890 1521 NORTH TIMBER RIDGE BALANCE $ 567.35 156.42 872.72 560.62 205.20 757.23 573.44 312.36 625.01 278.64 185.65 383.60 814.46 40.77 708.95 736.84 239.77 198.68 1,049.21 157.92 197.34 123.43 577.83 242.96 399.65 124.61 178.00 548.45 291.71 833.33 651.35 1,598.73 359.36 36.25 282.39 450.88 878.98 196.17 205.40 203.12 351.09 126.30 2,226.60 44.33 382.43 216.46 486.58 326.13 417.16 649.86 208.76 485.78 179.30 176.43 172.64 539.73 963.30 571.52 622.82 83.51 366.07 447.09 450.62 67.23 271.49 PENALTY $ 56.74 15.64 87.27 56.06 20.52 75.72 57.34 31.24 62.50 27.86 18.57 38.36 81.45 4.08 70.90 73.68 23.98 19.87 104.92 15.79 19.73 12.34 57.78 24.30 39.97 12.46 17.80 54.85 29.17 83.33 65.14 159.87 35.94 3.63 28.24 45.09 87.90 19.62 20.54 20.31 35.11 12.63 222.66 4.43 38.24 21.65 48.66 32.61 41.72 64.99 20.88 48.58 17.93 17.64 17.26 53.97 96.33 57.15 62.28 8.35 36.61 44.71 45.06 6.72 27.15 TOTAL 624.09 172.06 959.99 616.68 225.72 832.95 630.78 343.60 687.51 306.50 204.22 421.96 895.91 44.85 779.85 810.52 263.75 218.55 1,154.13 173.71 217.07 135.77 635.61 267.26 439.62 137.07 195.80 603.30 320.88 916.66 716.49 1,758.60 395.30 39.88 310.63 495.97 966.88 215.79 225.94 223.43 386.20 138.93 2,449.26 48.76 420.67 238.11 535.24 358.74 458.88 714.85 229.64 534.36 197.23 194.07 189.90 593.70 1,059.63 628.67 685.10 91.86 402.68 491.80 495.68 73.95 298.64 PIN 13 30 24 11 0107 13 30 24 23 0010 12 30 24 13 0086 12 30 24 13 0072 10 30 24 14 0028 12 30 24 22 0012 14 30 24 11 0128 14 30 24 11 0115 14 30 24 14 0097 13 30 24 31 0029 13 30 24 24 0057 26 30 24 23 0049 14 30 24 23 0058 14 30 24 23 0040 14 30 24 23 0035 14 30 24 41 0015 02 30 24 32 0019 15 30 24 14 0007 15 30 24 14 0001 14 30 24 22 0050 14 30 24 21 0040 13 30 24 43 0002 13 30 24 44 0007 14 30 24 24 0075 13 30 24 22 0006 13 30 24 22 0003 10 30 24 12 0008 15 30 24 42 0023 15 30 24 42 0107 15 30 24 42 0030 10 30 24 42 0053 03 30 24 24 0057 03 30 24 24 0039 03 30 24 24 0045 03 30 24 24 0053 15 30 24 41 0085 24 30 24 44 0025 13 30 24 11 0129 13 30 24 11 0131 13 30 24 41 0044 13 30 24 41 0059 12 30 24 14 0050 12 30 24 14 0047 14 30 24 33 0045 15 30 24 41 0052 14 30 24 33 0092 11 30 24 24 0063 11 30 24 24 0139 10 30 24 13 0010 25 30 24 22 0028 11 30 24 24 0018 11 30 24 12 0044 15 30 24 44 0045 14 30 24 34 0004 14 30 24 22 0021 11 30 24 24 0091 11 30 24 24 0093 11 30 24 24 0093 11 30 24 24 0096 11 30 24 24 0096 14 30 24 41 0062 11 30 24 11 0069 23 30 24 13 0127 14 30 24 12 0043 24 30 24 43 0046 ACCT # 120025 129255 131845 75015 127775 141795 128145 123195 126275 135415 102005 95635 88435 101465 10635 105215 99285 115415 127835 76285 95085 103855 116315 86755 142975 113835 133145 11565 143895 11745 107465 106215 122395 88895 123485 90015 131055 105905 126025 49775 49915 102895 127515 13335 113115 13535 112885 131505 141735 90105 129925 79055 138105 139985 79555 79675 137565 137565 118015 139255 106625 124425 137015 113825 54345 LOCATION # ADDRESS 516940 1530 NORTH TIMBER RIDGE 486870 6550 OAK�EY DR 517310 1382 ONONDAGA ST 517450 1483 ONONDAGA ST 517850 30 OSBORNE WAY 518120 980 OSBORNE RD 487200 720 OVERTON DR 487350 831 OVERTON DR 487590 6750 OVERTON DR 487820 6325 PIERCE ST 488110 6548 PIERCE ST 453610 101 PILOT AVE 453800 6731 P�AZA CUR 453820 6750 PLAZA CUR 453910 6800 PLAZA CUR 489020 6350 QUINCY ST 517780 8010 RANCHERS RD 455430 40 RICE CREEK WAY 455480 59 RICE CREEK WAY 518710 254 RICE CREEK BLVD 518950 424 RICE CREEK BLVD 489650 1400 RICE CREEK RD 489760 1520 RICE CREEK RD 490360 458 RICE CREEK TER 491290 1021 RICE CREEK TER 491340 1081 RICE CREEK TER 519400 161 RICKARD RD 454840 6417 RIVERVIEW TER 454990 6473 RIVERVIEW TER 455020 6480 RIVERVIEW TER 519500 7138 RIVERVIEW TER 520000 8121 RUTH CIR 520040 8140 RUTH 5T 520060 8140 RUTH CIR 520100 8161 RUTH CIR 455740 115 SATELLITE �N 492500 1540 SOUTH OBERLIN CIR 521850 1540 SOUTH TIMBER RIDGE 521870 1548 SOUTH TIMBER RIDGE 492650 6311 SQUIRE DR 492780 6450 SQUIRE DR 520180 7400 STINSON BLVD 520210 7450 STINSON BLVD 456580 6240 SUNRISE DR 456610 101 SY�VAN LN 456780 250 SY�VAN LN 520520 7321 SYMPHONY ST 520700 7398 SYMPHONY ST 520800 100 TALMADGE WAY 492890 5235 TAYLOR ST 521030 7321 TEMPO TER 521430 7519 TEMPO TER 457100 6170 TRINITY DR 494360 6267 UNIVERSITY AVE 521930 6890 UNIVERSITY AVE 522050 7325 UNIVERSITY AVE 522080 7349 UNIVERSITY AVE 522090 7351 UNIVERSITY AVE 522150 7385 UNIVERSITY AVE 522160 7387 UNIVERSITY AVE 494000 6405 VAN BUREN ST 523100 7528 VAN BUREN ST 496040 5765 WASHINGTON ST 496700 6875 WASHINGTON ST 497970 1418 WEST DANUBE RD BALANCE $ 372.30 71.20 2,742.26 151.70 248.82 633.49 301.42 163.12 469.86 803.13 633.12 606.99 352.20 426.24 470.44 140.79 1,216.48 441.82 497.13 211.49 628.35 325.64 453.65 336.51 200.05 215.02 144.66 197.07 28.75 556.02 781.61 498.00 435.18 540.91 387.36 501.94 187.06 340.75 669.98 817.22 363.83 149.74 320.92 204.12 558.81 136.77 736.53 331.89 357.74 1,333.80 343.58 817.03 946.66 47 2.04 700.81 135.64 120.98 343.06 305.65 340.09 308.00 778.50 448.37 85.23 446.37 PENALTY $ 37.23 7.12 274.23 15.17 24.88 63.35 30.14 16.31 46.99 80.31 63.31 60.70 35.22 42.62 47.04 14.08 121.65 44.18 49.71 21.15 62.84 32.56 45.37 33.65 20.01 21.50 14.47 19.71 2.88 55.60 78.16 49.80 43.52 54.09 38.74 50.19 18.71 34.08 67.00 81.72 36.38 14.97 32.09 20.41 55.88 13.68 73.65 33.19 35.77 133.38 34.36 81.70 94.67 41.20 70.08 13.56 12.10 34.31 30.57 34.01 30.80 77.85 44.84 8.52 44.64 TOTAL 409.53 78.32 3,016.49 166.87 273.70 696.84 331.56 179.43 516.85 883.44 696.43 667.69 387.42 468.86 517.48 154.87 1,338.13 486.00 546.84 232.64 691.19 358.20 499.02 370.16 220.06 236.52 159.13 216.78 31.63 611.62 859.77 547.80 478.70 595.00 426.10 552.13 205.77 374.83 736.98 898.94 400.21 164.71 353.01 224.53 614.69 150.45 810.18 365.08 393.51 1,467.18 377.94 898.73 1,041.33 453.24 770.89 149.20 133.08 377.37 336.22 374.10 338.80 856.35 493.21 93.75 491.01 PIN ACCT # LOCATION # ADDRESS BALANCE PENALTY TOTAL 25 30 24 12 0029 96825 496740 1440 WINDEMERE DR $ 661.71 $ 66.17 $ 727.88 13 30 24 44 0016 55285 498090 1629 WOODSIDE CT 658.41 65.84 724.25 24 30 24 12 0063 144635 497810 6083 WOODY LN 309.84 30.98 340.82 FINAL BILLED ACCOUNTS: 11 30 24 21 0023 23 30 24 24 0085 14 30 24 24 0013 14 30 24 24 0068 13 30 24 22 0065 10 30 24 41 0066 12 30 24 13 0076 12 30 24 23 0014 12 30 24 23 0014 12 30 24 22 0024 03 30 24 42 0172 13 30 24 13 0055 03 30 24 24 0153 24 30 24 24 0051 24 30 24 24 0070 12 30 24 32 0004 03 30 24 24 0108 12 30 24 13 0069 15 30 24 42 0016 11 30 24 24 0091 11 30 24 24 0095 24 30 24 44 0090 24 30 24 41 0246 24 30 24 41 0246 58015 130595 130645 24595 116125 89095 137315 143235 143235 137765 145875 141815 134185 133325 34005 134205 145905 125625 11575 137715 137825 131645 135985 148855 500730 465040 466690 467670 468300 529020 502830 498410 498420 498550 548790 473220 506770 476700 476990 510510 510790 517280 454850 522040 522130 494620 495130 495130 7533 465 377 491 961 103 1310 7447 7449 7513 8018 1340 8100 1048 5869 7298 389 1365 6418 7323 7373 1564 5651 5651 Sub Total Activc Accounts 4 ST 57 PL 66 AVE 67 AVE 68 AVE 71 1/2 WAY 75 AVE ABLE 5T ABLE ST ABLE ST ASHTON AVE CREEK PARK LN EAST RIVER RD HACKMANN CIR HACKMANN AVE HIGHWAY 65 HUGO ST ONONDAGA ST RIVERVIEW TER UNIVERSITY AVE UNIVERSITY AVE WEST BAVARIAN CT WEST BAVARIAN PASS WEST BAVARIAN PASS Sub Total Final Billed Accounts $160,564.92 $16,056.56 $176,621.48 71.77 23.10 148.73 859.16 142.05 219.69 117.36 436.47 143.35 245.92 99.49 201.32 219.71 129.96 458.57 41.75 61.30 6.87 38.75 67.36 1,699.01 108.39 104.98 48.91 7.18 2.31 14.87 85.92 14.21 21.97 11.74 43.65 14.34 24.59 9.95 20.13 21.97 13.00 45.86 4.18 6.13 0.69 3.88 6.74 169.90 10.84 10.50 4.89 78.95 25.41 163.60 945.08 156.26 241.66 129.10 480.12 157.69 270.51 109.44 221.45 241.68 142.96 504.43 45.93 67.43 7.56 42.63 74.10 1,868.91 119.23 115.48 53.80 $ 5,693.97 � 5G9.44 $ 6,263.41 Grand Total Actives & Finals $ 1GG,258.89 $ 16,626.00 $ 182,884.89 � AGENDA ITEM � COUNCIL MEETING OF OCTOBER 24, 2005 CffY OF FRIDLEY CLAI MS 123569 -123850 � � C,fTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 LICENSES Tvpe of License POL/T/CAL S/GN PERM/TS Marilynn Forsberg 1150 79t" Av N E Spring Lake Park, MN 55432 Gerry Miller 7786 89t" Lane NE Blaine, MN 55449 � School Board School Board John Stroebel School Board Columbia Heights School Referendum 1615 49t" Av N E Columbia Heights, MN 55421 John Borene 5666 Heather Ridge Dr. Shorewood, MN 55126 Jodi Ruch 2318 119t" Av N E Blaine, MN 55449 TREE REMOVAL BVF Inc. 36644 Hwy 65 N E Cambridge, MN 55008 Western Tree Service 14907 TTT Road Paynesville, MN 56362 School Board School Board :Z•771i1:�711i1 Barry Albright FOOD, TOBACCO, RETA/L GAS SALES Fuel & Save Amjad Ibrahim 8100 E River Rd Fridley, MN 55432 Approved Bv r I 7 I Ca �J [:7 ' i:� �] I' i Public Works Dir Public Safety Dir Fire Inspector Community Dev Dir Sinclair — Fridley Abraham Ahmed Public Safety Dir 6071 University Av NE Fire Inspector Fridley, MN 55432 Community Dev Dir Type of License L/QUOR L/CENSE Sandee's of Fridley LLC 6490 Central Av NE Fridley, MN 55432 LICENSES (CONTINUED) � David Reimer Approved By Public Safety Dir Building Inspector Fire Marshal Joe Dimaggio's Sports Bar Raymond McManus Public Safety Dir 1298 E Moore Lake Dr. Building Inspector Fridley, MN 55432 Fire Marshal � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 24, 2005 CffY OF FRIDLEY LICENSES Contractor License Type Applicant Approved By A-Able Plumbing Co Inc Plumbing Tim Dehn State of MN All-Brite Sign Inc Sign Erector Kevin Gillette Ron Julkowski, BO Advent Construction Co Inc Residential George Rossez State of MN Anoka Coun Parks Commercial Karen Blaska Ron Julkowski, BO Ari Mechanical Services Gas Services Gary Brown Ron Julkowski, BO Assured Htg AC & Ref Inc Heating Mike Becker Ron Julkowski, BO B L Dalsin Roofin Co Roofin John Erickson Ron Julkowski, BO BradS Roofin Residential Brad Johnson State of MN Bredemus Construction Residential John Bredemus State of MN Capital Siding & Windows Residential Jeff Moore State of MN Climate Makers Inc Heating Ken Schmoll Ron Julkowski, BO Climate Makers Inc Gas Services Ken Schmoll Ron Julkowski, BO Consolidated Mechanical Gas Services Frank Parizek Ron Julkowski, BO Cronstroms Heating & AC Inc Heating Connie Schwieters Ron Julkowski, BO Dayton Exteriors Inc Residential Steve Hunger State of MN Eaco Construction Residential Timothy Andrajack State of MN Ga Menne & Son Inc Plumbin Ga Menne State of MN General Sheet Metal Com an Heatin Bruce Loventson Ron Julkowski, BO General Sheet Metal Company Gas Services Bruce Loventson Ron Julkowski, BO Heating & Cooling Two Heating Bill Hausmann Ron Julkowski, BO Heatin & Coolin Two Gas Services Bill Hausmann Ron Julkowski, BO Howe Enterprises Inc Commercial Rick Howe Ron Julkowski, BO Identi-Gra hics Si n Erector Thomas Nelson Ron Julkowski, BO Jon Dimich Deck Creations LLC Residential Jon Dimich State of MN Kangaroo Construction Inc Residential Jeremy Drews State of MN Krauseheim Construction Residential Thomas Heimerman State of MN Matthew Daniels Inc Plumbin Bruse Beruh�eln State of MN Newbert & Reed Construction Residential Chris Reed State of MN North Country Exteriors Inc Residential Dana Henjum State of MN Northside Mobile Home Service Mobile Home Installer Miles Lubrant State of MN- Nu Wa Develo ment Residential Chris Johnson State of MN Plaza Cleaners Commercial Rand Tuomi Ron Julkowski, BO Ram Construction Twin Cities Residential Ganesh Ram State of MN Rayco Construction Inc Commercial Ray Ellis Ron Julkowski, BO Ri�nann-Fridley LLC Commercial Todd Regnier Ron Julkowski, BO Scott Farinella Construction Serv Residential Scott Farinella State of MN Scott Freer Electric Inc Electrical Scott Freer State of MN SEERCO Inc Commercial Caitlin Seery Ron Julkowski, BO Shank Constructors Inc Plumbing Mike Shank State of MN Si ns B RSG Inc Si n Erector S encer Blackweld Ron Julkowski, BO SMA inc Residential Steve Arrell State of MN Solomon & Sons LTD Residential Brian Solomon State of MN Superior Roofing Construction Commercial Barry Mendel Ron Julkowski, BO TBH Builders Residential Terry Hagstrom State of MN Thomas Wolney Electrical Electrical Thomas Wolney State of MN Town Line Builders Inc Residential Juel DeVries State of MN Tradewinds Heatin AC Heatin Richard En strom Ron Julkowski, BO Tradewinds Heating AC Gas Services Richard Engstrom Ron Julkowski, BO Twin City Home Remodeling Residential Ronald Brown State of MN Ultimate E�teriors of MN Residential Jim Drew State of MN United Roofin Twin Cities Inc Commercial Eric Jeanotte Ron Julkowski, BO Villa Landscapes Residential Steve Mears State of MN Village Plumbing Inc Plumbing Mark Aldridge State of MN Wayne Sias Siding Residential Wayne Sias State of MN � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 24, 2005 � °F ESTI MATES FRIDLEY Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement ProjectNo. ST. 2005 - 1 Estimate No. SR ...................................................................................... $ 107,410.21 BCG Construction, Inc. 3117 Salem Avenue South St. Louis Park, MN 55416 2005 Miscellaneous Concrete Repair Proj ect No. 3 59 EstimateNo. 4 ....................................................................................... $ 7,382.14 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 24, 2005 CffY OF FRIDLEY Date: October 19, 2005 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for TA #OS-09, Te�t Amendment Regarding Diseased Tree Abatement Fees Background While preparing tree abatement assessments this fall, staff noticed that the code language related to assessment fees for tree abatements did not match code language related to public nuisance abatements. The assessment fee for public nuisance assessments is 25% of the costs of the abatement. Code language in Chapter 104, Diseased Trees, only permits a$25 assessment fee. The assessment fee of $25 for tree abatements needs to be increased to cover the true cost of these assessments. Staff oversight costs and County fees have increased over time. The $25 fee does not cover these costs. A 25% fee, in most cases, will cover the true costs incurred by the City for these assessments. Recommendation Staff recommends that the Fridley City Council hold a public hearing on October 24, to consider language for a text amendment to establish a 25% assessment fee for all types of assessments. M-OS-116 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 104 OF THE FRIDLEY CITY CODE PERTAINING TO DISEASED TREE REMOVAL ASSESSMENT FEES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 104. DISEASED TREES 104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS Whenever the Forester or an agent thereof finds with reasonable certainty that the infestation defined in Section 104.04 exists in any tree or wood in any public or private place in the City, that person shall proceed as follows according to the recommendations of the Minnesota Department of Agriculture: L If the infected tree is located on private properiy, the Forester shall send a written notification and prescription to the owner of said property. It shall be the obligation of the property owner to carry out the prescribed abatement procedure(s) within thirty (30) days from the date of receipt of the notif�ication unless a written variance is granted by the Forester. If the owner requests the City or fails to follow the prescription within the designated time period, the Forester shall notify the property owner by mail that the City will contract for the abatement of the public nuisance, namely the diseased or dead tree and/or wood in question. The Forester shall then proceed to contract for the prescribed abatement procedures as soon as possible and shall report to the City Clerk all �s costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges �t# a related to the City abatement �administrative costs against each separate lot or parcel by September 15th of each year as special assessments to be collected commencing with the following year's taxes. n,a,,,;,,;�+,-.,+;..o Assessment costs equalin� ^� e��.nn �,- o.,,.�, i„+ ,,,- r.,,-,.oi 25% of the total tree removal and administrative costs plus any current and future County related expenses associated with said assessment shall be added to each assessment. (Re£ 931) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: October 24, 2005 First Reading: November 7, 2005 Second Reading: November 21, 2005 Published: DAY � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE 2005 NUISANCE ABATEMENT DATE: October 21, 2005 Attached is the Public Hearing Notice for the assessment for the 2005 Nuisance Abatement. The Public Hearing Notice was published in the Focus newspaper on September 29, 2005 as required by State Statute. The public hearing is in regard to six abatements done during 2005, in which no payment has been received for the work that was done. RDP/gt Attachment CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 24, 2005 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2005 STREET IMPROVEMENT PROJECT Assess 10 years @ 6.5% Interest Project #2005-1 $750,402.27 2005 Street Improvement 2005 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $4,962.57 6418 Riverview Terrace 6854 Channel Road 122 63'/z Way 59 Rice Creek Way 6400 Pierce Street 5575 Fillmore Street The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written obj ection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Scott J. Lund Mayor Publish: September 29, 2005 � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2005-1 DATE: October 21, 2005 Attached is the Public Hearing Notice for the assessment for the Street Improvement Proj ect No. ST. 2005-1. The Public Hearing Notice was published in the Focus newspaper on September 29, 2005 as required by State Statute. RDP/gt Attachment CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 24, 2005 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2005 STREET IMPROVEMENT PROJECT Assess 10 years @ 6.5% Interest Project #2005-1 $750,402.27 2005 Street Improvement 2005 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $4,962.57 6418 Riverview Terrace 6854 Channel Road 122 63'/z Way 59 Rice Creek Way 6400 Pierce Street 5575 Fillmore Street The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written obj ection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Scott J. Lund Mayor Publish: September 29, 2005 ll ll��\� ll TO: Mayor, Council and City Manager FROM: Frederic W. Knaak, City Attorney DATE: October 21, 2005 RE: Cable Television Franchise Ordinance and Agreement In 2000, after some informal discussions, Time Warner formally requested to begin negotiations to renew the Cable Television Franchise in the City of Fridley. Under Minnesota and Federal law, the City of Fridley has the authority to permit and regulate cable television in the City by ordinance granting such a franchise to an applicant. Negotiations progressed slowly, at best. On May 23, 2003, the fifteen-year franchise with Time Warner expired on its own terms. The parties agreed to continue to operate under the old franchise during the pendency of negotiations between the parties. In 2004, in the face of an ongoing stalemate in the negotiations, Time Warner demanded, and the City agreed, to formal renewal proceedings. The City conducted a study of need for cable services and published a request for a proposal for those services. Time Warner made a formal proposal, which was rejected by the City, and a formal hearing was requested. In the meantime, discussions were ongoing. The attached Franchise Ordinance draft represents the agreement since reached between the representatives of Time Warner and the City's negotiation team. Most of the changes from the earlier franchise ordinance are either minor corrections or of a technical nature. Other, more significant changes, however, are reluctant concessions made by the City in the face of the relentless competitive pressures faced by the cable industry at this point. A summary of the key changes, prepared by Brian Strand, is attached. Chief among them are the elimination of a requirement of a local studio and local origination programming. In the face of the relative new issue of "bundling" of services, the City was able to obtain an important concession that would prevent Time Warner from using cable service as a loss-leader enticement to attract customers to its non-franchise services. Under the language in the attached ordinance, discounts offered to customers must be proportionately shared by all services offered in the "bundled" package. The City agreed to return one PEG channel to Time Warner, leaving it with three, but, in exchange, received 20 hours monthly of on-demand capacity for accessing programs produced by the City (e.g. on-demand rebroadcasting of council or commission meetings). It is the assessment of the negotiating team and staff that Franchise Ordinance represents the best possible agreement that could be reached by the City under these circumstances, and that it should be adopted. � � � C� � i� � � � 0 � � � � � � O � � � C� L" � i.w � � � O � O � � � � • � � � � � � � v � � � N O � U � U � � O N ' � �" �" � � � � O U •� O � � � � � � � � � 6'9 � O ,_, v� � � p ,� � O O O �' � � V � � Q � � � � O � � � ,� N � � 4-i � � � � � �' �. � � � �+ � � �I ,..� r"' � U � • � � �. i�. 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COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms that he is the Chief Financial Officer of the newspaper known as Sun Focus, and has full krtowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minn. Stat. § 331A.02, § 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached, was cut from the columns of said newspaper, and was printed and published once each week, for one successive week(s); it was first published on Thursday, the 29 day of September , 2005, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz By: �-- Title: CFO Subscribed and sworn to or affirmed before me on this 29 day of September , 2005. �f_�.,� I �_�` I • . � MARY ANN CARLSON NUTARY PUBIJC—MINNESOTA MY CaNBNISStOM EXPIRES 1�1� RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20�er line (3) Rate actually charged for the above matter $.99 per line �O �,EGAL NOTICES City of Fridley (Offlclal Publlcation) (ueya� rtottcej ; cny ot Fda�ey . Notice of PubNc Hearing Proposed Ordinance � Amend Chapt�r 405 of the Fridley Cliy Cods related to - Cable Televlsial Fra�hise The City of Fridley,' AAinnesota, will ho�d �a public hearing on Monday, October 24, 2005, at 7:30 p.m., in the City Council Chambers nf-fhe Fridley M�icipal Cerrter to_ discuss a proposesi ordinance to amend Fridley City Code Chapter,405 pertai►�ing to. the cable _talevislon franchise. The ,Municip�I.Cen4er•is 4o'cated:-at':6431 Universfly Ayenue NE, Fnd(ey, MN 554$2. :- -•`` P,7iy' �rson may speak to the City con- cemirg the P�4P�d."ordinance:at�the:time: of ffie Public h$aring. Any per�on'may sub-. mii=wrttfen comments byaddressing those' cornments to the City Gle�ic,�Debra Skogen. � Any person wlio wishes �ttS:s�eak At tFie pub- -�lic hearing ts^requestsd fo bontacftlie Ciiy �lertc pdor to the pubtla heactr� or to, sign up to speak at the pubtic hearmg on a list whlch will �be..available in the Qity Council Chambers immediately prior to the hearing. : The Ciiy. Glerk's telephone number is..(763) 571-3450. : - Hearing impaired persons planning to attei�d who need an interpreter or other per- sons•with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than August 18, 2003. The TDD number is 763-572-3534. . Dated this 22nd day of September 2005. By: !s/ Debra A: Skogeo. Gity Cle�lc ' Published in the Fridleg Sun Focus ` September 29, 2005 ' ( Sept 29, 2005)f2lPHN Ord amend Ch 405 ORDINANCE NO. - 2005 AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA, AMENDING THE FRIDLEY CITY CODE TO PROVIDE A NEW SECTION 405A FOR THE PURPOSE OF GRANTING, PURSUANT TO SECTION 10 OF THE FRIDLEY CITY CHARTER, A FRANCHISE TO TIME WARNER CABLE, FOR THE PURPOSE OF PROVIDING CABLE SERVICES WITHIN AND FOR THE CITY AND ITS RESIDENTS The City of Fridley, Minnesota, through, and by action of its City Council, hereby ORDAINS: That Chapter 405 is hereby repealed. That the City Code of the City of Fridley shall be amended to include a new Section 405A, which shall provide as follows: PREAMBLE The City of Fridley does ordain that it is in the public interest to permit the use of public rights- of-way and easements for the construction, maintenance and operation of a cable television system under the terms of this Franchise; said public purpose being specifically the enhancement of communications within the City, the expansion of communications opportunities outside the City, and the provision of programming of a truly local interest. 405A.01. STATEMENT OF INTENT AND PURPOSE 1. Statement of Intent and Purpose. The City intends, by the adoption of this Franchise Ordinance, to bring about the continued development and operation of a non-exclusive cable television system. This continued development can contribute significantly to the communications needs and desires of many individuals, associations and institutions within the City, and to promote the health, safety and welfare of its citizens. This Ordinance complies with the Minnesota franchise standards set forth in Minn. Stat. §23 8.084. 405A.02. SHORT TITLE This ordinance shall be known and cited as the "City of Fridley Cable Television Franchise Ordinance: Time Warner Cable". Within this document it shall also be referred to as "this Franchise" or "the Franchise". 1 405A.03. DEFINITIONS For the purpose of this Franchise, and to the extent not inconsistent with the definitions and terms contained in 47 U.S.C. §522, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 1. Basic Service. The service tier which includes the retransmission of local television broadcast signals. 2. Cable Mile. A mile of cable bearing strand. 3. Cable Service. The one-way transmission to Subscribers of (i) video programming, (ii) other programming service, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service; or as Section 602(6) of the Cable Act (47 U.S.C. §522(6)) may be amended by subsequent statute or regulation. 4. Channel. A portion of the electromagnetic spectrum or fiber optic capacity that is capable of carrying one video signal, in either analog or digital form. 5. Class IV Channel. A signaling path provided by the System to transmit signals of any type from a Subscriber terminal to another point in the System. 6. City. The City of Fridley, Minnesota, a municipal corporation in the State of Minnesota or its delegations. The City Council is the authority of the City. 7. Complaint. Any verbal or written inquiry, allegation or assertion made by a Person which requires subsequent corrective action to the System or any portion thereof, or raises an obj ection to the programming or business practices of Grantee. The term "Complaint" does not include an inquiry which is immediately answered by the Grantee. 8. Converter. An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and by an appropriate channel selector also permits a Subscriber to view all signals included in the Basic Service delivered at designated converter dial locations. 9. Drop. The cable that connects the tap to the Subscriber's ground block. 10. FCC. The Federal Communications Commission or a designated representative. 2 11. Franchise Administrator. The City Manager of the City or the City Manager's designee who shall be responsible for the continuing administration of the Franchise. 12. Fundamental Corporate Change. The sale or transfer or a majority of a corporation's assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation. 13. Grantee. Time Warner Cable Inc., its agents, employees, lawful successors, transferees or assignees. 14. Gross Revenues. All cash, or other consideration derived directly or indirectly from the operation of the System to provide Cable Services in the City by the Grantee, including, but not limited to, Basic Service revenues, any other service tier revenues, including expanded Cable Service revenues, home shopping revenues, viewership studies revenues resulting from the lease of Channels and all other revenues of any kind received from the operation of the Cable System to provide Cable Service. This definition is intended to be read to reach as broadly as possible to encompass all revenues derived from Grantee's operation within Grantor's jurisdiction, subject only to the limitations imposed by federal or state law. Gross Revenues shall not include: 1) any amount collected by the Grantee from Subscribers for PEG purposes (as hereinafter defined); 2) the revenues of any Person where such revenues have been included in Grantee's revenues so as to preclude double imposition of franchise fees; 3) any taxes on services furnished by Grantee which are imposed upon any Subscriber or user by the state, City or other governmental unit and collected by Grantee on behalf of said governmental unit (a franchise fee is not such a tax) or 4) bad debt. This sum shall be the basis for computing the fee imposed pursuant to Fridley Cable Code, Section 405A.10. 15. Installation. The act of connecting the System from the tap to the Subscriber's ground block so that Cable Service may be received by the Subscriber. 16. Normal Business Hours. Those hours during which most similar businesses in the City 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. 17. Normal Operating Conditions. Those service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. 18. Pay Television. The delivery over the System of per-Channel or per-program audio- visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Service. 3 19. Person. Any corporation, partnership, proprietorship, limited liability entity, individual or organization authorized to do business in the State of Minnesota, or any natural Person. 20. Public Property. Any real property owned by any governmental unit other than a Street. 21. Residential Unit. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more individuals. The term Residential Unit is not limited to units occupied by persons as their usual place of residence and includes units rented periodically or used only as seasonal homes. 22. Service Interruption. The loss of picture or sound on one or more cable channels. 23. Street. The surface of and the space above and below any public Street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right- of-way now or hereafter held by the City over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 24. Subscriber. Any Person or entity that lawfully receives a Cable Service provided by Grantee by means of or in connection with the System whether or not a fee is paid for such Cable Service. 25. System. Grantee's facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (B) a facility that serves Subscribers or facilities without using any public right-of-way, (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act of 1984, except that such facility shall be considered a System to the extent such facility is used in the transmission of video programming directly to Subscribers; (D) any facilities of any electric utility used solely for operating its electric utility systems; or (E) an open video system that complies with Section 653 of the Communications Act of 1934. 26. Tapping. Monitoring communications signals, where the monitor is not an authorized monitor of the communications, whether the communications is monitored by visual or electronic means, for any purpose whatsoever. 27. Two-way System. A System that can pass video, voice, and/or data signals in both directions simultaneously. � 405A.04. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Such terms and conditions shall be subordinate to all applicable provisions of state and federal laws, rules and regulations. 2. Criteria of Selection. The Grantee's technical ability, financial condition and legal qualifications were considered and approved by the City in full public proceedings and affording reasonable notice and a reasonable opportunity to be heard. 3. Authority for Use of Streets. A. For the purpose of operating and maintaining a System in the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. B. Grantee shall construct and maintain the System so as not to interfere with other uses of Streets. Grantee shall make use of existing poles and other facilities available to Grantee, provided Grantee is able to obtain access to such facilities on reasonable terms and conditions. Grantee shall notify all residents affected by proposed underground work prior to commencement of that work Such notice shall include a contact and contact phone number of a responsible employee of Grantee. C. Notwithstanding the above grant to use the Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used. 4. Franchise Term. This Franchise shall commence upon acceptance by Grantee as defined herein and shall expire fifteen (15) years from such date unless renewed, revoked or terminated sooner as herein provided. 5. Area Covered. This Franchise is granted for the territorial boundary of the City. In the event of annexation by the City, any new territory shall become part of the area covered. E 6. Police Powers. Grantee's rights are subj ect to the police powers of the City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Grantee shall comply with all generally applicable laws and ordinances enacted by the City pursuant to that power not in conflict with this Franchise; provided, however, that any subsequently adopted ordinance not materially conflict with this Franchise. 7. Use of Grantee Facilities. The City shall have the right to install and maintain, on negotiated terms and conditions, upon the poles and within the underground pipes and conduits of Grantee, any wires and fixtures desired by the City to the extent that such installation and maintenance does not interfere with existing and future operations of Grantee. The City shall indemnify, defend and hold the Grantee harmless from any action arising out of the City's use of such facilities. 8. Written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to the person designated below, or when five (5) days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next addressed business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows: If to City: City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Cable Television Franchise Administrator If to Grantee: Time Warner Cable 9705 Data Park Minnetonka, Minnesota 55343 Attn: Division President With a copy to: Time Warner Cable 9705 Data Park Minnetonka, Minnesota 55343 Attn: V.P. of Public Affairs Such addresses may be changed by either party upon notice to the other party given as provided in this section. 0 9. Franchise Non-Exclusive. The Franchise granted herein is non-exclusive. The City specifically reserves the right to grant, at any time, additional franchises for a System in accordance with state and federal law. Any subsequent cable television franchise granted to a cable operator for the construction of a System to provide Cable Services shall not, when considered as a whole, be on terms or conditions, more favorable or less burdensome than those contained herein. 10. Compliance with Laws. This Franchise complies with the Minnesota franchise standards contained in Minnesota Statutes 238. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the date of this franchise within one year after any such laws become effective. The City and the Grantee shall conform to federal laws and regulations as they become effective, including 47CFR Parts 11, 21, 63 and 76 regarding emergency alert system requirements. 405A.05. DESIGN PROVISIONS 1. System Design. Grantee shall operate and maintain the System to a minimum of 750 MHz. 2. Two-Way System. The City and Grantee will continue to review, during the term of this Franchise, the need for a Two-way System. 3 . Interconnection. The System shall be designed to be interconnected with other Systems. The standard VHF Channel 6 shall be designated for usage as a regional Channel, so long as required by state law. The City may request Grantee to negotiate interconnecting the System with other adjacent System(s) in Minneapolis/St. Paul metropolitan area. Grantee shall use reasonable efforts to negotiate such interconnection and keep the City informed of the progress of any negotiations. 4. Initial Service Area. A. Residential Units in areas with an average density of at least forty (40) units per Cable Mile or its equivalent, as measured from the nearest point of usable trunk, shall be provided Cable Service upon payment of the standard Installation charges and applicable monthly fees. B. In areas with an average density of less than forty (40) Residential Units per Cable Mile the requesting party(s) shall bear a pro rata share of the total cost of time and materials for distribution plant up to the tap. Residents who subscribe thereafter shall be charged 7 a pro rata share from the new location of plant in addition to the standard installation rate until the (40) Residential Units per mile is reached. C. The cost of any Installation exceeding one hundred and twenty-five (125) feet shall be borne by the requesting party in advance. 5. Provision of Service. After service has been established by activating trunk and distribution cable for any area, Grantee shall provide service to any requesting Subscriber within that area thirty (30) days from the date of request. 6. Technical Standards. The System shall be designed, constructed and operated so as to meet those technical standards set forth by the FCC. 7. Special Testing. A. At any time after commencement of Cable Service to Subscribers, the City may require or may retain an independent engineer or other qualified person or entity to perform additional tests, full or partial repeat tests, different test procedures, or tests involving a specific Subscriber's Drop. Such additional tests will be made on the basis of Complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests will be limited to the particular matter in controversy. B. The City shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to Grantee or to the Subscriber. C. If such special testing establishes that the System meets all required FCC technical standards, the City shall bear the expense for such special testing. D. If such special testing establishes that the System does not meet all required FCC technical standards, Grantee shall bear the expense for such special testing. 8. Signal Quality. The System shall produce a picture in black and white or color, depending upon whether color is being cablecast, that is undistorted and free from ghost images, and without degradation of color fidelity. The System shall produce a sound that is undistorted and consistent to the original source on an audio receiver of average quality. : 405A.06. SERVICE PROVISIONS 1. Programming. Grantee shall initially provide programming consisting of the following broad categories of programming: News Music Childrens Arts Public Affairs Religious Consumer Weather 2. Programming Decisions. All programming decisions shall be at the sole discretion of Grantee; provided, however, any change to the mix, quality or level of programming shall require the prior approval of the City. Any such approval by the City shall not be unreasonably withheld. 3. Emergency Alert System. Grantee shall comply with FCC EAS (Emergency Alert System) requirements. 4. Access Channels. A. Grantee shall provide to each of its Subscribers who receive some or all of the services offered on the System reception on at least one (1) specially designated, noncommercial public access Channel available for use by Fridley residents and organizations on a first-come, first-served nondiscriminatory basis; at least one (1) specially designated access Channel for use by local educational authorities; and at least one (1) specially designated government access channel; and video-on-demand access for use by the City and other public bodies. The access Channels shall be carried in a manner so that they can be received by a standard cable-ready television with purchase or rental of a converter. The VHF spectrum shall be used for one (1) of these specially designated PEG Channels. No charges may be made for Channel time or playback of prerecorded programming on the specially designated, noncommercial access Channels required herein. The video-on-demand (VOD) access to be provided herein shall be available for a minimum of twenty (20) hours per month and, in addition to City-provided content, may include school programming. The City will be solely responsible for determining programming priority and will be responsible for providing Franchisee with good quality masters in a format determined through mutual agreement, accurately timed, and with accurate bars and tone. A presentation form (stating program information, the City's acceptance of responsibility for content, "kill" dates, if applicable, and other matters) and content delivery method will be determined through mutual agreement. 0 B. Whenever the specially designated, noncommercial public access channel, the specially designated education access channel, or the specially designated local government access channel required in paragraph A above is in use during eighty percent (80%) of the weekdays, Monday to Friday, for eighty percent (80%) of the time during any consecutive three (3) hour period for six (6) weeks running, and if there is demand for use of an additional channel for the same purpose, Grantee shall have six (6) months in which to provide a new specially designated access channel for the same purpose. C. The City shall establish rules pertaining to the administration of the specially designated, noncommercial public access channel. D. In the event Grantee offers Subscribers the option of receiving programs on one or more special service channels without also receiving the regular Subscriber services, Grantee may comply with the requirements of this Section by providing the Subscribers who receive the special service only, at least one (1) specially designated composite access channel composed of the programming on the specially designated, noncommercial public access channel, the specially designated education access channel, and the specially designated government access channel required in this section. E. In the event Grantee provides only alarm services or only data transmission services for computer-operated functions, Grantee need not provide access Channel reception to alarm or data only service Subscribers. F. Grantee shall also provide and maintain a cable connection between the Fridley Municipal Center and the headend that will meet the standards defined in Exhibit A. G. Grantee shall also provide and maintain a cable connection between Fridley High School and the headend that will meet the standards defined in Exhibit A. H. Grantee shall provide, and thereafter maintain, all necessary headend equipment to permit cable transmission from the City's facilities in (F) and (G) above. 5. Access Equipment and Facilities. The City shall operate and maintain equipment as may be required to operate the noncommercial public access channel. The City may contract this obligation, in its discretion, to outside parties if, in the City's judgement, doing so would be economically feasible and prudent. 6. Institutional Network. A. Grantee shall continue to maintain an Institutional Network with the features described by and on the terms and conditions as may be subsequently set forth by the parties. If provision of this Institutional Network can be shown to be more economical, based upon actual expected usage and need, for all of the parties by utilizing existing System resources, including services offered to private commercial users by Grantee, the parties may agree to provide the equivalent services by those means. 10 B. Grantee will provide coaxial cable or otherwise suitable hookups for data transmissions between the Fridley Municipal Center and both the City Garage and the Commons Park Water Filtration Plant within one (1) year of the City's approval of this franchise. C. Grantee shall maintain at its expense, the Institutional Network as currently used. The user(s) shall be responsible for any and all user premise equipment. Grantee shall be under no obligation to purchase any additional headend equipment other than specified in the preceding sentence; provided, however, nothing contained herein shall prevent or restrict a user from purchasing, after consultation with Grantee, additional headend equipment. Grantee shall thereafter maintain any equipment so purchased by a user and Grantee may charge the user for Grantee's actual cost of maintenance. The Institutional Network shall be used solely for the user's internal communications purposes. D. The user of any Channel(s) on the institutional network shall be responsible for purchasing and maintaining any equipment necessary at the user's site. Grantee shall consult and cooperate with the user in order that compatible equipment will be purchased. E. The City and Grantee shall develop jointly an allocation of Channels on the institutional network including the terms and conditions for the use of any Channels. F. Notwithstanding anything to the contrary, Grantee shall be responsible for repairing, replacing and maintaining any equipment damaged by Grantee. 405A.07. CONSTRUCTION PROVISIONS 1. Construction Standards. A. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all state and generally applicable local codes. B. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code as amended. C. Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations. D. All of Grantee's plant and equipment, including but not limited to the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be (1) installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices; and (2) all such work must be performed by experienced maintenance and construction personnel so as not (a) to endanger or interfere with improvements the City may 11 deem appropriate to make, (b) to interfere in any manner with the rights of any property owner, or (c) to unnecessarily hinder or obstruct pedestrian or vehicular traffic. E. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public. 2. Construction Codes and Permits. A. Grantee shall obtain all required permits from the City before commencing any work requiring a permit, including the opening or disturbance of any Street, or public property or public easement within the City. Grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the System in the City. B. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law. C. Nothing contained in this Franchise, shall be construed to give Grantee the authority to enter upon or work on private property in areas not encumbered with public easements without the permission of the property owner. 3. Repair of Streets and Property. Any and all Streets or public property, or private property which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly repaired by Grantee, at its expense to a condition as good as that prevailing prior to Grantee's construction. 4. Use of Existing Poles. Grantee shall not erect, for any reason, any pole on or along any Street in an existing aerial utility system without the prior written approval of the City. Such approval shall not be unreasonably withheld. Grantee shall exercise commercially reasonable efforts to negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction. 5. Undergrounding of Cable. Cable shall be installed underground at Grantee's expense where both the existing telephone and electrical utilities are already underground. Previously installed aerial cable shall be placed underground when both the telephone and electrical utilities convert from aerial to underground construction. Grantee shall place cable underground in newly platted areas in concert with both the telephone and electrical utilities, unless this requirement is waived by the City. In the event that telephone or electric utilities are reimbursed by the City or any agency thereof for the 12 placement of cable underground or the movement of cable, Grantee shall be reimbursed upon the same terms and conditions as the telephone or electric utilities. 6. Reservation of Street Rights. A. Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Street; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. B. All such work shall be done, insofar as practicable, in such a manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of Grantee. C. If any such property of Grantee shall interfere with the construction or relocation, maintenance or repair of any Street or public improvement, whether it be construction, repair, maintenance, removal or relocation of a sewer, public sidewalk, or water main, Street or any other public improvement, thirty (30) days notice shall be given to Grantee by the City and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by Grantee in such manner as shall be directed by the City so that the same shall not interfere with the said public work of the City, as reasonably determined by the City, and such removal or replacement shall be at the expense of Grantee herein; provided, however, if another Person is reimbursed by the City for its costs associated with relocation of facilities, Grantee shall be similarly reimbursed. D. Nothing contained in this Franchise shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. 7. Trimming of Trees. Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the System; provided, however, all trimming shall be done under the supervision and direction of the City, if requested by the City, and at the expense of Grantee. 8. Street Vacation or Abandonment. In the event (a) any Street or portion thereof used by Grantee shall be vacated by the City or (b) the use thereof discontinued by Grantee, during the term of this Franchise, Grantee shall, at Grantee's expense, forthwith remove its facilities therefrom unless specifically permitted by the City to continue the same, and on the removal thereof restore, repair or reconstruct the Street area where such removal has occurred, and place the Street area where such removal has occurred to a condition similar to that existing before such removal took place. In the event of 13 failure, neglect or refusal of Grantee, after thirty (30) days notice by the City to remove the facilities or to repair, restore, reconstruct, improve or maintain such Street portion, the City may do such work or cause it to be done, and the reasonable cost thereof as found and declared by the City shall be paid by Grantee as directed by the City and collection may be made by any available remedy. 9. Movement of Facilities. In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles, or other facilities placed pursuant to this Franchise, in order to lawfully to move a large object, vehicle, building or other structure over the Streets of the City, upon two (2) weeks notice by the City to Grantee, Grantee shall move at the expense of the Person requesting the temporary removal such of his facilities as may be required to facilitate such movements. If another Person is reimbursed by the City for its costs associated with relocation of facilities, Grantee shall be similarly reimbursed. Any service disruption provisions of this Franchise shall not apply in the event that the removal of Grantee's wires, cables, poles or other facilities, results in temporary service disruptions. 405A.08. OPERATION AND MAINTENANCE 1. Open Books and Records. The City, shall have the right to inspect, upon thirty-six (36) hours prior written notice, at any time during normal business hours all books, records, maps, plans, financial statements, any log of complaints received from the City, performance test results, record of requests for service and other like materials of Grantee which are reasonably necessary to monitor compliance with the terms of this Franchise. 2. Communications with Regulatory Agencies. Copies of all petitions, applications, communications and reports submitted by Grantee or on behalf of or relating to Grantee to the FCC, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters directly affecting the System authorized pursuant to this Franchise shall also be submitted to the City upon request. Copies of responses from the regulatory agencies to Grantee shall likewise be furnished to the City upon request. 3. Additional Reports. Grantee shall prepare and furnish to the City, at the times requested by the City, such additional reports with respect to its operation, affairs, transactions or property, which are, in the judgement of the City, reasonably necessary to monitor the Grantee's compliance with the terms of this Franchise. 14 4. Maps. Grantee shall provide the City with a current location map, in a usable electronic format determined by the City, showing the line routes of the System and the location of equipment installed or in place in streets and other public places. To the extent those as-built maps could contain information that is proprietary, or contains trade secrets or other information which could provide to a competitor unfair advantage, those as-built maps will be designated as not-public or private data to the e�tent that classification is authorized under Minnesota law. 5. Audit. The City and their agents and representatives shall have the authority, during normal business hours, to arrange for and conduct an inspection of the books and records of Grantee and its equipment when necessary to ascertain the Grantee's compliance with this Franchise. Grantee shall first be given no fewer than three (3) business days notice of the inspection request, the description of and purpose for the inspection and description, to the best of the City's ability, of the books, records, documents and equipment it wants to inspect. 6. Periodic Evaluation and Renegotiation Sessions. The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for a maximum degree of flexibility in this Franchise, and to help achieve a continued advanced and modern System, the following evaluation provisions will apply: A. The City reserves the right to adopt rules and regulations controlling the procedures as set forth below and the subjects for Evaluation and Renegotiation Sessions. In the absence of any City action taken to exercise these rights, Grantee shall be subject to at least the procedures and subjects described in this section. B. The City may require, at its sole discretion, evaluation sessions at any time during the term of this Franchise; provided, however, there shall not be more than one evaluation session during any calendar year. At a minimum, such evaluation sessions shall be conducted by the City within thirty (30) days of the fifth (Sth) and tenth (lOth) anniversary dates of the acceptance of this Franchise. C. Topics which may be discussed at any evaluation and session include, but are not limited to, channel capacity, the System performance, programming, access, municipal uses of cable, Subscriber complaints, judicial rulings, FCC rulings and any other topics the City or Grantee deem relevant. D. During an evaluation session, Grantee shall fully cooperate with the City and shall provide without cost such information and documents as the City may request to perform the evaluation. 15 E. If at any time during its evaluation, the City determines that reasonable evidence exists of inadequate System performance, the City may require Grantee to perform tests and analysis directed toward such suspected inadequacies at Grantee's expense. Grantee shall fully cooperate with the City in performing such testing and any report prepared by Grantee shall include at least: (1) A description of the problem in the System performance which precipitated the special tests. (2) The System component tested. (3) The equipment used and procedures employed in testing. (4) The method, if any, by which such System performance problem was resolved. (5) Any other information pertinent to said tests and analysis which may be required by the City, or determined when the test is performed. If after receiving Grantee's report the City determines that reasonable evidence still exists of inadequate System performance, the City may enlist an independent engineer, to perform tests and analysis directed toward such suspected inadequacies. The expense of such testing shall be subject to those provisions set forth at 405A.05(7) hereof. F. As a result of an Evaluation and Renegotiation Session, the City or Grantee may determine that a change in the terms of the Franchise may be required, that the System or Franchise requirements should be updated, changed or that additional services should be provided. If the change is consistent with the terms of this Franchise, the needs of the City and existing state-of-the-art (or due to regulatory, technical, financial, marketing, inflation or legal requirements) and implementation of a change would not unreasonably add to the cost of providing Cable Services, Grantee and the City will, in good faith, negotiate the terms of the change and any required amendment to this Franchise. Upon adoption of such a Franchise amendment, if one is required, the change will become effective and Grantee shall accept the same. In the event Grantee fails to negotiate a requested change of the City, the City may enforce the procedures of this section by any available remedy. 405A.09. CONSUMER PROTECTION PROVISIONS 1. Approval of Basic Service Rate Changes. The initial rates and charges for Basic Service and Pay Television are set forth in Exhibit B. The City reserves the right to regulate rates for Basic Service and such other rates as the City may be authorized to regulate, to the extent provided by federal or state law, through approval or disapproval of a rate revision request after affording Grantee due process. Grantee shall maintain on file with the City at all times a current schedule of all regular rates and charges. Special or promotional rates offered for any period of less than three months shall not need to be filed with the City. 16 2. Non-Regulated Rates. Prior to implementing any rate increase for Basic Service not requiring the City approval, Grantee shall give the following notice: A. At least thirty (30) days advance written notice to the City; and B. At least thirty (30) days advance written notice to Subscribers of Basic Service. 3. Charges for Disconnection or powngrading of Service. A. Grantee may impose a charge reasonably related to the cost incurred for a downgrade of service, except that no such charge may be imposed when: (1) A Subscriber requests total disconnection from the System; or (2) A Subscriber requests the downgrade within a thirty (30) day period following any rate increase relative to the service in question. B. If a Subscriber requests disconnection from service prior to the effective date of an increase in rates, the Subscriber shall not be charged the increased rate if Grantee fails to disconnect service prior to the effective date. Any Subscriber who has paid in advance for the next billing period and who requests disconnection from service shall receive a prorated refund of any amounts paid in advance. 4. Subscriber Complaint Practices. A. Grantee shall maintain at least one handicapped-accessible site located within ten (10) miles of Fridley which shall be open during all normal business hours for the purpose of allowing subscribers to pay bills and return equipment. Grantee shall have a publicly listed toll- free telephone number available for receiving subscriber complaints and requests on a twenty- four (24) hours-a-day, seven (7) days-a-week basis. By mutual agreement of the City and the Grantee, these terms may be amended in writing without amending this ordinance so long as changes made are in keeping with the need to provide adequate customer service to Grantee's subscribers. B. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the System. A written log available for City inspection shall be maintained for all service interruptions. 5. Customer Service Standards. A. The Grantee shall be subject to the following customer service standards: 17 (1) Cable system office hours and telephone availability: a) The Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. b) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. c) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained Grantee representative on the next business day. d) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. e) The Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. � Under Normal Operating conditions, the customer will receive a busy signal less than three (3) percent of the time. g) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. (2) Installations, outages and service calls. Under Normal Operating Conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: a) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. : b) Excluding conditions beyond the control of the Grantee, the Grantee will begin working on "Service Interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem. c) 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. The Grantee may schedule service calls and other installation activities outside of Normal Business Hours for the express convenience of the customer. d) The Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. e) If a Grantee representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. B. Communications between the Grantee and Subscribers. (1) Notifications to Subscribers. a) The Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all Subscribers, and at any time upon request: b) Products and services offered; c) Prices and options for programming services and conditions of subscription to programming and other services; d) Installation and service maintenance policies; e) Instructions on how to use the cable service; � Channel positions of programming carried on the Cable System; and, g) Billing and complaint procedures, including the address and telephone number of the City's office. 19 h) Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph B(1)(a) of this section. Notwithstanding anything in this Section to the contrary, the Grantee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or the City on the transaction between the Grantee and the Subscriber. C. Billing. (1) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (2) In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days. D. Refunds. Refund checks will be issued promptly, but no later than either- (1) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (2) The return of the equipment supplied by the Grantee if service is terminated. E. Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. 405A.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Payment to City. A. Grantee shall pay to the City an annual amount equal to five percent (5%) of its Gross Revenues. The foregoing payment shall be compensation for use of Streets and other public property. 20 B. Payments due the City under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quarter year within thirty (30) days thereo£ Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the City. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Franchise. All amounts paid shall be subject to audit and recomputation by the City. D. The Grantee shall provide the City with an annual written statement of the Gross Revenues for the preceding year, certified by an officer of the Grantee. This statement shall be used to determine the exact amount of payments due the City and to correct any overpayments or underpayments by Grantee. E. In the event any payment is not made on the due date, interest on the amount due shall accrue from such date at the annual rate of one hundred twenty five percent (125%) of the lowest prime commercial lending rate established by any bank in the City at the time the delinquency occurs. F. For purposes of determining gross revenues under Section 405A.10.1A from any subscriber who has been provided "bundled services," including telephony, internet connection services, cable television services and other services that Grantee may provide, Grantee, subject to applicable state or federal law, shall not discount the cable television portion of gross revenues from these "bundled services" at a higher rate than it uses for any of the other services included in the subscriber's bundle. G. Equipment Grant. Upon adoption of this Franchise, Grantee shall immediately pay to the City the amount of $450,000.00 (four hundred fifty thousand dollars) which shall be used by the City solely and exclusively for the purpose of maintenance of equipment, leasing and purchase of equipment for PEG access purposes. "Equipment" shall include proj ection equipment, monitors, screens and all cable television equipment necessary to produce, edit and broadcast City Council and other public meetings. H. The City shall segregate the equipment grant into a separate fund. The equipment grant may only be used for those purposes outlined in paragraph (G) above. The City shall take reasonable steps to insure that the City's annual audit will include a review for compliance with the requirements associated with the equipment grant. I. The Franchisee shall have the right to obtain a copy of the City's annual independent audit of fund accounts to verify that any monies expended under this grant in any given year were for the purposes stated herein. The Franchisee may at any time and its own expense, conduct its own independent audit of City accounts to verify that any funds spent by the City from this grant were spent for the intended purposes as stated herein. Any equipment purchased by the City with equipment grant money remains the exclusive property of the City. 21 J. In the event that the equipment grant is used for purposes inconsistent with paragraph (G) above, the Franchisee may pursue any and all available remedies. 2. Performance Bond. A. At the time this Franchise is accepted, Grantee shall deliver to the City a performance bond in the amount of Twenty-Five Thousand ($25,000.00) dollars as a common security for the faithful performance by it of all the provisions of this Franchise and compliance with all orders, permits and directions the City and the payment by Grantee of any claim, liens and taxes due the City which arise by reason of the construction, operation or maintenance of the System. The bond shall be subject to the approval of the City and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be cancelled without sixty (60) days prior written notice to the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." B. Provision shall be made to permit the City to withdraw funds from the performance bond. Grantee shall not use the performance bond for other purposes and shall not assign, pledge or otherwise use this performance bond as security for any purpose. The City reserves the right, in its sole discretion, to reduce the required amount of the performance bond. C. Within thirty (30) days after notice to it that any amount has been withdrawn by the City from the performance bond pursuant to (A) of this section, Grantee restores the performance bond to the required amount. D. If Grantee fails to pay to the City any taxes due and unpaid; or, fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) days notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the performance bond, the City may then seek to withdraw such funds from the performance bond. 3. Penalties from Performance Bond. In addition to any other remedies provided herein, penalties for violations of this Franchise are set forth below. As a result of any acts or omissions by Grantee pursuant to the Franchise, the City may charge to and collect from the performance bond the following penalties: A. For failure to provide data, documents, reports or information or to cooperate or participate with the City during a renewal process or the System review, the penalty shall be Three Hundred Dollars ($300.00) per day. 22 B. For failure to comply with any provision of this Franchise, for which a penalty is not otherwise specifically provided, the penalty shall be One Hundred Dollars ($100.00) per day. C. For failure to test, analyze and report on the performance of the System following a request by the City the penalty shall be Two Hundred Dollars ($200.00) per day. D. For failure of Grantee to comply with the construction, operation or maintenance standards, the penalty shall be Two Hundred Dollars ($200.00) per day. E. For failure to comply with all conditions of the City permits to disturb streets, repair streets, or other terms or conditions of the City, the penalty shall be Two Hundred Dollars ($200.00) per day. 4. Procedure for Imposition of Penalties. A. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the City may resort to the performance bond. Grantee may, within ten (10) business days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to the City shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. (1) The City shall hear Grantee's dispute at a regularly or specially scheduled Council meeting. Grantee shall have the right to subpoena and cross- examine witnesses. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (2) If after hearing the dispute the claim is upheld by the City, Grantee shall have thirty (30) days from such a determination to remedy the violation or failure, before the City may require payment of all penalties due. B. The time for Grantee to correct any alleged violation shall be extended by the City if the necessary action to correct the alleged violation is of such a nature or character to require more than thirty (30) days within which to perform provided Grantee commences the corrective action within the fifteen (15) day period and thereafter uses reasonable diligence, as determined by the City, to correct the violation. C. The performance bond deposited pursuant to this Section shall become the property of the City in the event that the Franchise is cancelled by reason of the default of Grantee or revoked for cause. Grantee, however, shall be entitled to the return of such 23 performance bond, or portion thereof, as remains on file with the City at the expiration of the term of the Franchise. D. The rights reserved to the City with respect to the performance bond are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such performance bond shall affect any other right the City may have. E. The City shall stay or waive the imposition of any penalties set forth above upon a finding that any failure or delay is a result of an act of God or due to circumstances beyond the reasonable control of Grantee. 5. Damages and Defense. A. Grantee shall indemnify, defend and hold harmless the City for all damages and penalties, at all times during the term of this Franchise, as a result of Grantee's exercise of this Franchise. These damages and penalties shall include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, antitrust, errors and omission, theft, fire, and all other damages arising out of Grantee's exercise of this Franchise, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise; such indemnification shall include, but not be limited to, reasonable attorney's fees and costs. Grantee's obligations hereunder shall not extend to any claims or loss arising from the City's negligence or willful misconduct. B. In order for the City to assert its rights to be indemnified, defended, and held harmless, the City must: (1) Promptly notify Grantee of any claim or legal proceeding which gives rise to such right; (2) Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; unless, however, the City, in its sole discretion, determines that its interests can not be represented in good faith by Grantee; and (3) Fully cooperate with the reasonable requests of Grantee, at Grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subj ect to paragraph (2) above. (4) In the event the City, in its sole discretion, determines that its interests cannot be represented in good faith by Grantee, Grantee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in paragraph A above. These expenses shall include all out of pocket expenses, such as attorney's fees and costs. 24 6. Liability Insurance. A. Grantee shall maintain, throughout the term of the Franchise, liability insurance with a company licensed to do business in the State of Minnesota with a rating by Best of not less than A-, insuring Grantee and the City with regard to all damages mentioned in paragraph A of Section 405A.10.06 hereof, in the minimum amounts of: (1) One Million Dollars ($1,000,000.00) for bodily injury or death to any one (1) person; (2) Two Million Dollars ($2,000,000.00) for claims resulting from any one occurrence; (3) Two Million Dollars ($2,000,000.00) for all other types of liability. B. At the time of acceptance, Grantee shall furnish to the City a certificate evidencing that a satisfactory insurance policy has been obtained. Such insurance policy shall require that the City be notified thirty (30) days prior to any expiration or cancellation. C. All insurance policies maintained pursuant to this Section 405A.10 shall contain the following or similar endorsement: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety, nor may the intention not to renew be stated by the surety until thirty (30) days after receipt by the City of Fridley, Minnesota, by registered mail, of a written notice of such intention to cancel or renew." 7. City's Right to Revoke. In addition to all other rights which the City has pursuant to law or equity, the City reserves the right to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, in the event that: A. Grantee substantially violates any material provision of this Franchise; or B. Grantee attempts to evade any of the material provisions of the Franchise; or C. Grantee practices any fraud or deceit upon the City or Subscriber; or D. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; or E. Grantee materially misrepresents a fact in the application for or negotiation of, or renegotiation of, or renewal of, the Franchise. 25 8. Revocation Procedures. In the event that the City determines that Grantee has violated any provision of the Franchise, the City may make a written demand on Grantee that it remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the City within thirty (30) days following such demand, the City shall determine whether or not such violation, breach, failure, refusal or neglect by Grantee is due to acts of God or other causes which result from circumstances beyond Grantee's control. A. A public hearing shall be held and Grantee shall be provided with an opportunity to be heard upon fourteen (14) days written notice to Grantee of the time and the place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in the notice. Said notice shall affirmatively recite the causes that need to be shown by the City to support a revocation. B. If notice is given and, at Grantee's option, after a full public proceeding is held, the City determines there is a violation, breach, failure, refusal, or neglect by Grantee, the City shall direct Grantee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as City may direct. C. If after a public hearing it is determined that Grantee's performance of any of the terms, conditions, obligations, or requirements of Franchise was prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor strikes. D. If, after notice is given and, at Grantee's option, a full public proceeding is held, the City determines there was a violation, breach, failure, refusal or neglect, then the City may declare, by resolution, the Franchise revoked and cancelled and of no further force and effect unless there is compliance within such period as City may fix, such period not to be less than thirty (30) days, provided no opportunity for compliance need be granted for fraud, misrepresentation, or violation of privacy rights. E. The issue of revocation shall automatically be placed upon the City Council agenda at the expiration of the time set by it for compliance. The City then may terminate Franchise forthwith upon finding that Grantee has failed to achieve compliance or may further extend the period, in its discretion. F. If the City, after notice is given and, at Grantee's option, a full public proceeding is held and appeal is exhausted, declares the Franchise breached, the parties may pursue their remedies pursuant to Franchise or any other remedy, legal or equitable. 26 405A.11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT 1. Foreclosure. Upon the foreclosure or other judicial sale of the System, Grantee shall promptly notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 2. Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of Minnesota law, including the Bankruptcy Act, one hundred and twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: A. Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and B. Such receiver or trustee, within said one hundred twenty (120) days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. 3. Abandonment. Grantee may not abandon any portion of the System thereof without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 405A.12. REMOVAL, TRANSFER AND PURCHASE 1. Removal After Revocation or Expiration. A. At the expiration of the term (and denial of any renewal) for which the Franchise is granted, or upon its revocation, as provided for, the City shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all Streets and public property within the City. In so removing the System, Grantee shall refill the compact at its own expense, any excavation that shall be made and shall leave all streets, public property and private property in as good a condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing in any way electric, telephone or utility, cables, wires or attachments. The City, or its delegate, shall have the right to inspect and 27 approve the condition of such Streets and Public Property after removal. The performance bond, insurance, indemnity and penalty provision of the Franchise shall remain in full force and effect during the entire term of removal. B. If Grantee has failed to commence removal of the System, or such part thereof as was designated within thirty (30) days after written notice of the City's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of the City's demand for removal is given, the City shall have the right to exercise one of the following options: (1) Declare all right, title and interest to the System to be in the City or its delegate 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; or (2) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the performance bond, indemnity and penalty section provided for in the Franchise, or from Grantee directly. 2. Sale or Transfer of Franchise. A. This Franchise shall not be sold, assigned or transferred, in whole or in part, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any Person without full compliance with the procedure set forth in this Section. B. The provisions of this Section shall only apply to the sale or transfer of all or a majority of Grantee's assets, merger (including any parent and its subsidiary corporation), consolidation, or sale or transfer of stock in Grantee so as to create a new controlling interest. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (1) The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer. (2) The City shall then make a determination pursuant to this Franchise as to the exercise of its first right of refusal to purchase the System. (3) The City shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on Grantee's Subscribers. : (4) If a public hearing is deemed necessary pursuant to paragraph (3) above, such hearing shall be commenced within thirty (30) days of such determination and notice of any such hearing shall be given fourteen (14) days prior to the hearing by publishing notice thereof. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City. (5) Within thirty (30) days after the closing of the public hearing, the City shall approve or deny in writing the sale or transfer request. (6) Within thirty (30) days of any transfer Grantee shall file with the City a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. C. In reviewing a request for sale or transfer pursuant to paragraph (A) above, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party, including the adequacy of the support for local programming and Grantee shall assist the City in so inquiring. The City may condition said transfer upon such terms and conditions as it deems reasonably appropriate; provided, however, the City shall not unreasonably withhold its approval. In no event shall a transfer of the Franchise be approved without the transferee becoming a signatory to this Franchise. D. Notwithstanding anything to the contrary, no consent of the City shall be required for the transfer or assignment of the Franchise to any Person controlling, controlled by or under the same common control as Grantee. 3. City's Right to Purchase System. The City shall be entitled to a right of first refusal of any bona fide offer to purchase the System made to Grantee. Bona fide offer as used in this Section means a written offer which has been accepted by Grantee subject to the City's rights under this Franchise. The price to be paid by the City shall be the bona fide offer including the same terms and conditions as the bona fide offer. The City shall notify Grantee of its decision to purchase within sixty (60) days of the City's receipt from Grantee of a copy of written bona fide offer. 4. Purchase by City Upon Expiration or Revocation. A. At the expiration of this Franchise and denial of renewal in accordance with the provisions of federal law, the City may, in lawful manner and upon the payment of fair market value, determined on the basis of the System valued as a going concern exclusive of any value attributable to the Franchise itself, lawfully obtain, purchase, condemn, acquire, take over and hold the System. 29 B. Upon the revocation of this Franchise, the City may in lawful manner and upon the payment of an equitable price lawfully obtain, purchase, condemn, acquire, take over and hold the System. 405A.13. RIGHTS OF INDIVIDUALS PROTECTED 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, programmers or general citizens on the basis of race, color, religion, national origin, sex or age. Grantee shall comply at all times with all applicable federal and state laws, relating to non-discrimination. 2. Subscriber Privacy. A. No signal of a cable communications Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which shall be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV cable communications activity planned for the purpose of monitoring individual viewing patterns or practices. B. No information or data obtained by monitoring transmission of a Signal from a Subscriber terminal, or any other means, including, but not limited to, lists of the names and addresses of such Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee and its employees for internal business use, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. C. Written permission from the Subscriber shall not be required for the conducting of the System-wide or individually addressed electronic sweeps for the purpose of verifying the System integrity or monitoring for the purpose of billing. Confidentially of such information shall be subj ect to the provision set forth in paragraph (B) of this Section. 405A.14. MISCELLANEOUS PROVISIONS 1. Compliance with Laws. Grantee and the City shall conform to all state laws and rules regarding cable television not later than one (1) year after they become effective unless otherwise stated. Grantee and the City shall conform to all federal laws and regulations regarding cable television as they become effective, 30 unless otherwise stated. Grantee shall also conform with all generally applicable City ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. In the event of a conflict between City ordinances, resolutions, rules or regulations and the specific provisions of this Franchise, the specific provisions of this Franchise shall govern. 2. Franchise Renewal. This Franchise may be renewed in accordance with applicable state and federal law. 3. Continuity of Service Mandatory. Upon expiration or the termination of this Franchise, the City may require Grantee to continue to operate the System for an extended period of time not to exceed six (6) months. Grantee shall, as trustee for its successor in interest, continue to operate the System under the terms and conditions of this Franchise. In the event Grantee does not so operate the System, the City may take such steps as it, in its sole discretion, deems necessary to assure continued service to Subscribers. 4. Work Performed by Others. A. Grantee shall give notify the City in writing of the names and addresses of any other entity or person, other than Grantee, which performs services pursuant to this Franchise, provided, however, that all provisions of this Franchise shall remain the responsibility of Grantee, and Grantee shall be responsible for and hold the City harmless for any claims and liability arising out of work performed by persons other than Grantee. B. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise. 5. Compliance with Federal, State and Local Laws. A. If any federal or state law or regulation shall require or permit Grantee to perform any service or act or shall prohibit Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, Grantee shall notify the City of the point of conflict believed to exist between such law or regulation. B. If any term, condition or provision of this Franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall 31 thereafter be binding on Grantee and the City. 6. Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. 7. Administration of Franchise. A. The City shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise. B. Grantee shall construct, operate and maintain the System subject to the supervision of all the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the System. 8. Cable Television Advisory Commission. The City may provide for an ongoing cable television advisory commission. The specific nature and composition of the commission shall be determined by the City. 9. Miscellaneous Violations. A. From and after the acceptance of the Franchise, it shall be unlawful, for any person to establish, operate or to carry on the business of distributing to any persons in the City any television signals or radio signals by means of a System using public right-of-ways unless a Franchise therefore has first been obtained pursuant to the provisions of an ordinance, and unless such Franchise is in full force and effect. B. From and after the acceptance of the Franchise, it shall be unlawful for any person to construct, install or maintain within any Street in the City, or within any other Public Property of the City, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, or the City's official map or the City's major thoroughfare plan, any equipment or facilities for distributing any television signals or radio signals through a System, unless a franchise authorizing such use of such street or property or areas has first been obtained. 10. Emergency Use. In the case of any emergency or disaster, Grantee shall, upon request of the City, make available its System and related facilities to the City for emergency use during the emergency or disaster period to the extent such use is technically feasible and not otherwise in conflict with concurrent emergency use as otherwise provided herein. 32 11. Construction. This Franchise shall be construed and enforced in accordance with the substantive laws of the State of Minnesota and without reference to its principals of conflicts of law. 12. Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 13. Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or during thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation. 14. Reservation of Rights. Both the City and the Grantee expressly reserve any and all rights that either may now have or subsequently be granted under applicable state and federal law. Nothing contained herein shall be construed as a waiver, release or surrender of any right either party may now have or be granted in the future. 15. Amendments. This Franchise may be amended only by the mutual consent of the City and Grantee. Any amendment must be in writing and executed by the City and Grantee. 16. Force Majeure. Notwithstanding any other provisions of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations pursuant to this Ordinance due to strike, unavailability of materials, or equipment, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, civil disturbance, sabotage or vandalism, customer tampering or interference, act of public enemy, accident, fire, flood, or other events, to the extent that such causes or other events are beyond the control of the Grantee. 405A.15. EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE 1. Publication; Effective Date. 33 This Franchise Ordinance shall be signed by the Mayor or acting Mayor and attested by the City Clerk The Franchise shall be published in accordance with the requirements of the City and shall take effect upon acceptance by Grantee as provided under the terms of the City Charter and this Ordinance. 2. Time of Acceptance and Exhibits. A. Grantee shall have thirty (30) days from the date of adoption of this Franchise Ordinance to accept this Franchise in form and substance acceptable to the City. Such acceptance by Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place within thirty (30) days or such other time as the City might allow, this Franchise shall be null and void. B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein and subj ect to any applicable state or federal law. Grantee shall provide all services and offerings specifically set forth herein to provide Cable Services within the City. C. With its acceptance, Grantee also shall deliver to the City a certified resolution of Grantee evidencing its power and authority to accept the Franchise. Such documents shall also describe the officers authorized to accept on behalf of Grantee. D. With its acceptance, Grantee shall also deliver any security deposit, insurance certificates performance bonds and access capital grants required herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 34 SCOTT J. LUND - MAYOR Subpart K-Technical Standards 47CFR (76.601 to 76.617) § 76.601 Performance tests. (a) The aperator of e,ach cable television system shall be responsible for insuring that each such system is designed, installed, and operated in a manner that fully complies with the provisions of this subpart. (b) The operator of each cable television system shall conduct complete performance tests of that system at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted below. The performance tests shall be directed at determining the extent to which the system complies with all the tectmical standards set forth in §76.605(a) and shall be as follows: (1) For cable television systems with 1000 o� more subscribers but with 12,500 or fewer subscribers, proof-of-performance tests conducted pursuant io this section shall include measurements taken at six (6) widely separated points. However, within each cable system, one additional test point shall be added for every additianal 12,500 subscribers or fraction thereof (e.g., 7 test points if 12,501 to 25,000 subscribers; 8 test paints if 25,001 to 37,500 subscribers, etc.). In additian, for technically integrated porti�s of cable systems that are not mechanically continuous (i.e., employing micxowave connections), aL least one test point will be required for each portion of the cable system served by a t�hnically integrated xnicrowave hub. The proof-of-performance test points chosen shall be balanced w represent all geographic areas served by the cable system. At least one third of the test points shall be representative of subscriber terminals most distant from the system input and fram each microwave receiver (if microvrave transnissiaazs are anployed), in te�ms of cable length. The measurements maY be taken at conveni�t moriitoring points in t�►e cable network: Provided, that data shall be included to relate the measured performance of the system as would be viewed from a nearby subseriber terminal• An identification of the instrume�nts, including the makes, model numbers, and the most recent date of calibration, a description of the procedures utiliz�, and a stateme�t of the qualificatiar►s of the person p�farmii'►g t�►e tests shall also beincluded. (2) Proof-of-performance tests to deterrnine the extent to wluch a cable television system crnnplies with the stan�rds set forth az §76.605(a) (3), (4), and (5) shall be made on each of the NTSC or similaz video channels of that system. Unless otherwise as noted, proof-of-performance tests for all other standards in §76.605(a) shall be made an a minimum of four (4) channels plus ane additional ckiannel for every 100 MHz, or fraetion �ea'eo� af cable disiribution system uppea frequency limit (e.g., 5 chatmels for cable televisian systems with a cable distribution system upper freyuency limit of 101 to 216 MHz; 6 channels for cable televisian systems with a cable distribution system upper frequency limit of 217-300 MHz; 7 channels for cable television systems with a cable distribution upper frequ�cy limit to 300 to 400 MHz, etc.). The channels selected far testing must be representative of all the chamnels within t�►e cable televisiari system. (3) The aperatar of each cable television system shall conduct semi-annual pi'oof-of performance tests of that systexn, to determine the ext�t to which the system complies with the technical standards set forth in §76.605(a)(4) as follows. The visual signallevel on each chanc►el shall be measured and recorded, along with the date az►d time of the measurement, once every six hours (at intervals of not less than five hours or no ma�e than seven hours after the previous measurement), to include the warmest and the coldest times, during a 24 hour peaiod in Januar5' or February and in July or August. (4) The aperatar of each cable television system sha11 conduct triennial proof-of performance tests af its system to determine the extent to which the system complies with the technical standards set forth in §76.605(a)(11). (c) Successful completion of the performance tests required by paragraph (b) of this section does not relieve the system of the obligatian to comply with all pertinent technical standards at all subscriber terminals. Additional tests, repeat tests, ar tests involving specified subscribe,r /`r��' IT��,,�E�rpg�E� page 1 of 13 20050901REB 4� !" d R 1 C � � � � 115 Subpart K-Technicat Standards • � 47CFR (76.601 to 76.617) terminals may be required by the Commission or the local franchiser to secure compliance with the technical standards. (d) The provisions of paragraphs (b) and (c) of this section shall not apply to any cable television system having fewer than 1,000 subscdbers: Provided, however, that any cable television system using any frequency spectrum other than that allocated to over-the-air television and ' FM broadcasting (as described in §§73.603 and 73.210 of this chapter) is required to conduct all tests, measurements and monitoring of signal leakage that are r�uired by this subpart. A cable television system operator complying with the monitoring, logging and the leakage - repair requirements of §76.614, sl�all be considered to have mei the requirem�ts of this paragraph. However, the leakage log shall be retained for five years rath� than the two years prescribed in §76.1706. - Note 1 to $76.601: Prior to requiring any additional testing pursuant to §76.601(c), the local franchising auth�ity shall notify the cable operator who will be allowed thirty days to came into compliance with any perceived sigpal quality problems which n�d to be couected. Tl� Commission may request cable operatars to test their systems at any time. Note 2 to 76.601: Section 76.1717 oontains reca�dkeeping requirements for each system operator in order to show compliance with the technical rules of this subpact. Nate 3 to §76.601: Section 76.1704 contains reco�dkeeping requirements for proof of performance tests. ��s flt sseis, spa s, 2000� § 76.602 Incorporation by reference. (a) The mat�ials listed 'm this section are incorporated by reference in this part. These incorpo�raations by reference were approved by the Director of the Fede,ral Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any change in these materials will be published in the Fed�al Register. The materials are available far purchase at the corresponding addresses as noted, and all are available for inspection at the Federal Communications Commission, 445 12th. St, SW., Reference Infarmation Center, Room CY- A257, Washington, DC 20554 and at the National Archives and Records Administration (NARA). For infarmation on the availability of this material at NARA, call 202-741-b030, �' go to: httD •//www archives.govffederal register/code of federal regulations/ibr locutions.html. (b) The following mat�ials are available fo� purchase from at least one of the following addresses: Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112 ar at htt�/global.ihs.com; or American National Standards Institute, 25 West 43`� Street, 4th Floor, New Yark, NY 10036 or at �://webstore.ansi.org/ansidocstore/default.asn; ar Society of Cable Telecommunications Engineers at httn://www.scte.or�/standards/index.�fm; � Advanced Television Systems Committee, 1750 K Street, NW., Suite 1200, Washington, DC 20006 or at htto://www.atsc.org,/standards. (1) ANSUSCTE 26 2001 (formaly DVS 194): "Home Digital Network Interface Sp�ification with CopY Protecti�,,, Z001, IBR approved for §76.640. (2) (2) SCTE 28 2003 (formerly DVS 295): "Host-POD Intesface Star►dard," 2003, IBR approved for §76.640. , (3) SCTE 412003 (farmerly DV3 301): "POD Copy Proteckion System," 2003, IBR app�oved for §76.640. (4) ANSUSCTE 54 2003 (formerly DVS 241), "Digital Video Service Multiplex and Transport System Standard for Cable Television," 2003, IBR approved for §76.640. '/(��JI TI M E WAR�I E'Et page 2 of 13 20050901REB l- t' 6 R 1 • � � �. � 116 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (5) ANSUSCTE 65 2002 (formerly DVS 234), "Service Information Delivered Out-of- Band for Digital Cable Television," 2002, IBR approved for §76.640. (6) CEA-931 A, "Remote Control Command Pass-through Standard for Home Networking," 2003, IBR approved for §76.640. (7) SCTE 40 2003 (farmerly DVS 313), "Digital Cable Netwark lnterface Standard,"2003, IBR approved far §76.640. (8) ATSC A/65B: "ATSC Standard: Pro� and System Information Protocol for Te�trial Broadcast and Cable (Revision B)>" March 18, 20�3, IBR approved for§76.640. (9) CEA-542—B: "CEA Standazd: Cable Televisian Channel Identificatian Plan," July 2003, IBR approved for §76.605. (68 FR 66734, Nov. 28, 2003, as amended at 69 FR 18803, Apr. 9, 2004; 69 FR 57861, Sept. 28, 2004] § 76.605 Technical standards. (a) The following requirements apply to the perfom�ance of a cable television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output of the modulating or processing equipment (generally the headend} of the cable television system or otherwise as noted The requirements are applicable to each NTSC or similar video downstream cable television channel in the system: (1) The cable television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for off-the-air r�ptiom of TV broadcast signals, as authorized under part 73 of this chapter; and (ii) Cable television systems shall transmit signals to subscriber premises equipm�t on frequencies in accordance wit�► the channel allocatian plan set fordi in CEA-542—B: "Stazidard: Cable Television Channel Identific�tian Plan," (Incorporated by reference, see §76.602). (2) The a�aal center frequency of the aucal carrier must be 4.5 NlHz t 5 kHz above the frequency of the visual carrier at the output of the modulating ar processing equipment of a cable television system, and at the subscriber texminal. (3) The visual signal level, across a terminating impedance which carrectly matches the int�'►a1 impedance of the cable system as viewed from �e subscribdr texminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms (0 dBm�. Additionally, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dBm�. (At other impedance values, the minimum visual signal level, as viewed fram the subscriber terminal, shall be the square root of 0.0133 (� millivolts �d, as measured at the �d of a 30 meter (100 foot) cable drap that is connected to the subscriber tap, sha11 be 2 times the square root of 0.00662(� millivolts, where Z is the appro�x'iate impedar►ce value.) (4) The visual signal level on each channel, as measured at the end of a 30 meta cable drop that is connected to the subscriber tap, shall not vary more than 8 decibels within any six-month interval, which must include four tests performed in six-hour incxeme�ts during a 24-hour period in Jo1Y rn' August and during a 24- hour pexiod in January or February, and shall be maintain�ed within: (i) 3 decbels (dB) of the visual signal level of any visual carrier within a 6 MHz notninal freqnen�7+ separation; (ii) l0 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of cabie distribution system upper frequency limit, with a 1 dB increase for each additional !00 MHz of cabie distrbution system upper frequency limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and �TIMH LVARNEFt page 3 of 13 20050901REB !'8R1 P 117 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (i11�A maxixnum level such that signal degradation due to overload in the subscriber's receiver or terminal dces not occur. (5) The rms voltage of the sural signal shall be maintained between 10 and 17 decibels below the associated visual signal level. This requirement must be met both at the subscriber terminal and at the output of the modulating and processing eyuipment (generally the headend). F� subscriber terminals that use eyuipment which modulate and re-modulate the signal (e.g., baseband converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 deciUels below the associated visual signai level at the subscriber terminal. (6) The amplitude characteristic shall be within a range of t2 det;ibels from 0.75 MHz to 5.0 MHz above the lower boundary frequency of the cable televisian channel, referenced to the average of the highest and lowest amplitudes within these frequency boundaries. The amplitude characteristic shall be measured at the subscriber terminal. (7) The ratio of RF visual sigaal level to system noise shall not be less than 43 decibels. F� class I cable television channels, the requiremea►ts of this sectiari are applicable anly to: (i) Each signal wluch is delivered by a cable television system to subscribers witliin the predicted Grade B contonr for that signal; (u) Each signal wluch is first picked up within its predicted Grade B contour; (iii�Each signal that is fitst received by the cable television system by direct video feed from a TV broadcast station, a law power TV station, or a TV translator station. (8) The ratio of visual signal level to the rms amplitude of any coher�t disturbances such as intea- modulation products, second and third or� disto�tio�►s ar discrete-frequency interfering signals not operating on proper offset assignments sha11 be as follows: (i) The ratio of visual signal level to coherem disturbances shall nat be less than 51 decibels for non- coherent channel cabie televisi� systems, when measured with modulated caaiers and time aveiaged; and (u) The ratio of visual signal level to cohere� disturbances wluch are freqnency coincidem with the visual carrier shall nart be less than 47 decibels for wherent channel cable systems, when measured with modulated carriers and time averaged (9) The tenninal isolation provided to each subscriber teiminal: (i) Shall not be less Wan 18 decibels. In lien of periodic testing, the cable operator may use specifications provided by the manufactarer for the terminal isolation equipme� to meet this standard; and (ii) Shall be sufficient to preve� reflections caused by open-circuited or short-circuited subscriber terminais from producing visible picture impairmeirts at any other subscriber terminal. (10)The peak-to-peak variation in visual signallevel caus$d by undesired low frequency disturbances (hum or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual signal level. Measurements made on a single channel using a single un-modulated carrier may be used to demonstrate compliance with this parameter at each test location. (11) As of June 30,1995, the following requirenneuts apply to the performance of the cable television - system as measured at the output of ftie modulating ar processing equipment (generally the headend) of the system: (i) The chrominance-lu[ninance delay inequality (or chroma delay), which is the change in delay tune of the chrominance component of the signal relative to the lvminance component, shall be within 170 nanoseconds. /`[Q��Ji TIME WAR1dER page 4 of 13 20050901REB 4. C6R1 i 118 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (ii) The di$'erential gain for the color sub-carrier of the television signal, which is measured as the difference in atnplitude between the lazgest and smallest segments of the chrominance signal (divided by the largest and expressed in percem), shall not exceed f20%. (ui) The differential phase fot the color sulrcarrier of the television signal w}rich is measured as We lazgest phase difference in degrees between each segment of the chrominance signal and reference segment (the segtnent at the blanking level of O IltE), shall not exceed f10 degrees. (12)As an exception to the general provision requiring measurements to be made at subscriber termina�s, and without regard to the type of signals carried by the cable television system, signal leakage from a cable television system shall be measured in accordance with the procedures outlined in §76.609(h) and shall be limited as follows: �""'"""'""""'"""""""""""""""""""'""""""""""""""""'""""""� . Signal leakage Frequencies limit Distance D�1° ' � in (micro-volt/ meters(m) � � ' � ' , meters) � •-----------------------------------------------------------------------------------------; ; Lesa than and including 54 MHz, and over 15 30 ; 216 MHz ---; �-------------------------------------------------------------------------------------- `Over 54 MHz up to aud includin� 216_MHz __________20 ___ 3_: � --------------------- ----------- ---- ------------ ---• (b) Cable television systems distributing signals by using methods such as non- conventional coaxial cable techniques, non-coaxial copper cable techniques, specialized coaxial cable and fiber optical cable hybridization techniques or specialized compression techniques or specialized receiving devices, and which, because of their basic design, cannot comply with one or more of the technical standards set forth in paragraph (a) of this section, may be permitted to operate: Provided, That an adequate showing is made pursuant to §76.7 which establishes thax the public interest is benefited. ln such instances, the Commission may prescribe special technical requirements to ensure that subscribers to such systems are provided with an equivalent level of good quality service. Note I: L,ocal franchising suthorities of systems serving fewer than 1000 sub�ribers may adopt standards less stringent than those in §76.605(a). Any such agreem�t shall be reduce�i to writing and be associated with the system's proof-of-performance records. Note 2: For systems serving rurai areas as defined in §76.5, the system may negotiate with its local franchising autharity far standards less stringent than those in §§76.605(ax3), 76.605(a)('n, 6.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such agre�nent shall be reduced to writing and be associated widi the system's proof-of-performance records. Note 3: The requirements of this s�arian shall not apply to devices subj�t to the T'V interface device rutes under part 15 of tlus cliapter. Note 4: Should subscriber compiaints arise fr� a system failing to meet §76.605(a)(6) prior to De�ember 30, 1999, the cable operator will be required to provide a canverter that wili allow the system to meet the standard immediately at d�e complaining subscriber's terminal• F�er, should the problem be found to be system-wide, the Commission may order all convert�s on the system be changed to meet the standazd Note 5: Should subscriber complaints arise fra�n a system failing to rueet §76.605(a)(10), the cable operator will be required to remedy the complaint and perform test measurements on §76.605(a)(10) c�taining the full number of channels as indicated 'm §76.601(b)(2) at �e complaining subscriber's termiY►al. Further, should the problem be found to be system-wide, the .�j TI M E WARN ER page 5 of 13 20050901 REB C6 RI i 119 Subpart K-Technical Standards * t 47CFR (76.601 to 76.617) Commission may order that the full number of channels as indicated in §76.601(b)(2} be tested at all required locations for future proof-of-performance tests. Note 6: No State or franclrising autharity may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission te�hnology. [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, Jufy 14, 1972; 40 FR 2690, Jan. 15, 1975; 40 FR 3296, Jaa 21, 1975; 41 FR 53028, Dec. 3, 1976; 42 FR 21782, Apr. 29, 1977; 47 FR 21503, May 18, 1982; 50 FR 52466, Dec. 24, ! 985; 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. 1, 1992; 57 FR 61010, Dec. 23, 1992; SS FR 44952, Aug. 25, 1993; 59 FR 25342, May 16, 1994; 61 FR 18510, Apr. 26, 1996; 61 FR 18978, Apr. 30,1996; 65 FR 53616, Sept 5, 2000; 69 FR 2849, Jsa 21, 2004; 69 FR 57861, Sept. 28, 2004] § 76.606 Ctosed captioning. (a) As of June 30, 1992, the �erator of each cable television system shall not take any action to remove o� alter closed captioning data contained on line 21 of the vertical blanking int�val. (b) As of July 1, 1993, the operato� of each cable television system shall deliv� intact close� captioning data contained on line 21 of the vettical blanlang interval, as it arrives at the headend or from another origination source, to subscriber terminals and (when so delivexed to the cable system) in a fo�mat that can be r�overed and displayed by decoders meeting § 15.119 of this chapter. [57 FR 11003, A�. 1, 1992] § 76.609 Measurements. (a) Measurements made to demonstrate confornuty with the perfo�nance r�uiremerns set forth in §§76.601 and 76.605 shall be made under conditions which reflect system perfarmance during nornoal operations, including the effect of any microwave relay operated in the Cable Television Relay (CARS) Service urtervening between pickup antenna and the cable distribution network. Amplifi�s shall be operated at normal gains, either by the insertion of apprapriate signals or by manual adjustme�rt. Special sign�als inserted in a cable television chaimel for measurement purposes should be op�ated at levels approximating those used for normal operation. Pilot tones, auxiliary ar substitute signals, and non-television signals norn�ally carried on the cable television system should be operated at normal levels to the extent possible. Some exemplary, but not mandatory, measurement procedures are set forth in tlris section. (b) When it may be necessary to remove the television signal normally carried on a cable television channel in order to facilitate a performance measurement, it will be permissble to disconnect the antenna which serves the channel unda measureme� and to substitute therefare a matching resistance termination. Other antennas and inputs should remain connected and normal signal levels should be maintained on other channels. (c) As may be necessary to ensure satisfactoiy service to a subscnb�, the Commission may require additional tests to demonstrate system performance or may specify the use of different test procedures. (d) The &equency response of a cable television channel may be determined by one of the following methods, as appropriate: (1) By using a swept frequency ar a manually variable signal gene�ator at the sending end and a calilxated attenuator and frequea►cy-sele.ctive voltmeter at �e suhscriber terminal; ar (2) By using either a multi-b�st generator or vertical interval test signals and eitha� a modulator a� processor at the sending e,nd, and by using either a demodulator and eithex an oscilloscope display or a waveform ma�nito� display at the subscriber terminal. '/(�('� TIME wARNER page 6 of 13 ` t'L RI R 120 20050901REB 0 Subpart K-Technical Standards 47CFR (76.601 to 76.617} (e) System noise may be measured using a frequency-selective voltmeter (field strength meter) which has been suitably calibrated to indicate rms noise or average power level and wluch has a known bandwidth. With the system operating at normal level and with a properly matched resistive termination substituted for the antenna, noise power indications at the subscrib� terminal are taken in successive increments of frequency equal to the bandwidth of the frequency-selective voltmeter, suxnming the power indications to obtain the tatal noise power present over a 4 MHz band centered within the cable television channel. If it is established that the noise level is constant within this bandwidth, a single measurement may be taken which is correctal by an appropriate facto� representing the ratio of 4 MHz to the noise bandwidth of the frequency-selective voltmeter. If an amplifier is inserted betvveen the frequency-selective voltmet� and the subscriber terminal in order to facilitate this measurement, it should have a bandwidth of at least 4 MHz and appropriate corrections must be made to account for its gain and noise figure. Alternatively, measurements made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems, 2nd edition, November 1989, on noise measurement may be employed. (fj The amplitude of discrete &equ�cy interfering signals within a cable television channel may be determined with eith� a spectrum analyza or with a frequency-selective voltmeter (field strength meter), which instruments have been calibrated far adequate accuracy. lf calibration accuracy is in doubt, measurements may be referenced to a calibrated signal generator, or a calibrated variable attenuator, substituted at the point of ineasurement. lf an amplifier is used between the subscnber terminal and the measuring instxumeirt, aPproPriate conections must be made to accouirt for its gain. (g} The terminal isolation betwe,en any two terminals in the cable television system may be measured by applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at the other terminal. The frequency of the signal should be close to the mid-frequency of the channel being tested. Measurements of terminal isolation are not required when efther: (1) The manufact�aer's sp�ificatiar►s for subscriber tap isolati� based � a representative sample of no less than S00 subscribers taps or (2) Laboratcxuy tests performed by or for the operator of a cable television system an a representative sample of no less than 50 subs�riber taps, indicates that the terminal isolation standard of §76.605(a)(9) is met. To demaaislrate compliance with §76.605(a)(9), the operaW�' of a cable television system shall atxach either suc� manufacturer's specifications or laboratory measurements as an exhibit to each proof-of-performance record. (h) Measurements to determine the �ield sir�gth of the signalleakage emanated by the cable television system shall be made in accordance with standard engineering procedures. Measurements made on frequencies above 25 MHz shall include the following: (1) A field stre,ngth meter of adequate accuracy using a ho�izzontal dipole antenna shall be employed. (2) Field slrength �►all be expressed in terms of the rms value of synchranizing peak far each cable televisian chaimel for which signal leakage can be measured. (3) The resonant half wave dipole antenna shall be plac� 3 meters from and positi�ed directly below tlie system compoi►ents and at 3 meters above ground. Where such plac�nent results in a separatiari of less than 3 meters between the center of the dipole antenna and the system components, or less than 3 meters between the dipole and ground level, the dipole shall be repositioned to provide a sepazalion of 3 meters from tlie system camponerrts at a heiSht of 3 meters ar more above ground. (4) The horizmtal dipole ant�na shall be rotated about a vertical axis and the maximum meter reading shall be used. •�/�y/ TIME WARh1ER page 7 of 13 20050901REB . 'l r• s �c � s . 121 Subpart K-Technical Standards � • ■ 47CFR (76.601 to 76.617) (5) Measurements sha11 be rnade where other conductors are 3 ar more meters (10 or more feet) away • from the measuring antenna. _ __ - (i} For systexns using cable traps and filters to control the delivery of specific channels to the subscriber terminal, measurements made to determine compliance with §76.605(a} (5) and (6) may be performed at the location immediately prior to the trap or filter far the specific channel. The effects of these traps or filters, as certified by the system engineer or the equipment manufacturer, must be attached to each proof-of-perfonnance record (j) Measurements made to determine the di�ereatial gain, differerrtial phase and the chrominance-luminance delay inequality (chroma delay) shall be made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems, 2°� edition, November 1989, on these param��s. [37 FR 3278, F�. 12, L972, as amended at 37 FR 13867, July 14, 1972; 41 FR l0067, Maz. 9, 1976; 42 FR 21782, Apr. 29,1977; 49 FR 45441, Nov. 16, L984; 57 FR 11004, A�u. i, 1992; 57 FR 61011, Dec. 23, 1942; 58 FR 44952, Aug. 25, 1993j § 76.610 Operallon in the frequency bands 108-137 and 225-400 Mliz—scope of application. The provisions of §§76.605(a)(12}, 76.61 l, 76.612, 76.613, 76.614, 76.616, 76.617, 76.1803 and 76.1804 are applicable to all MVPDs (cable and non-cable) transmitting cazriers or other signal components carried at an avaage power level equal to or greater tha.n 10- 4 watts across a 25 kHz bandwidth in any 160 microsecond period, at any point in the cable distribution system in the frequency bands 108-137 and 225-400 Mliz far any purpose. Exception: Non-cable MVPDs serving less than 1000 subscribers and less than 1000 units do not have to comply with §76.1803. b9 FR 57862, Sept 28, 2004] § 76.611 Cable television basic signal leakage performance criteria. (a) No cable television system shall commence ar provide service in the frequency bands 1 d8- 137 and 225�00 MHz unless such systems is in compliance with one of the following cable television basic signalleakage perfornnance criteria: (1) priar to carriage of signals in the a�onautical radio bands and at least once each calendar year, with no mare than 12 months between successive tests thereaftea, based on a sampling of at least 75% of the cable strand, and including any portian of the cable system wluch aze known to have ar� can reasonably be expect� to have less leakage integrity than the average of the system, the cable operator demonstrates compliance with a cuxnulative signal leakage index by showing either that (i) 10�� 13� is equal to or less than -7 or (ii) 1 O�� Iop is equal to or less than 64, using one of the following formula: wh�e: 1 "E;Z l "2 1�=��R',,1�=��i, Yi is the distance (in meters) between the (eakage source and the center of tlte cable television system; T is the fractioa of the system cable length acU�ally examined for leakage sources and is equal to the strand kilometers (s1rand miles) of plant tested divided by tlie total strand kilometers (strand miles) in the plant; Ri is the slant height distance (in meteis) from tealcage source i to a point 3000 mebers above tl� cerne.r of the cable television system; /�TIME WARNEEt rvR� s page 8 of 13 122 20050901REB Subpart K-Technical Standards 47CFR (76.601 to 76.617) Ei is the electric field sVength in microvolts per meter (µV/m) measured pursuant to §76.609(h) 3 meters from the leak i; and n is the number of leaks found of field strength equal to or greater than 50 µV/m pursuant to Section 76.609(h). The sum is caaied over all leaks i detected in the cable examined; or (2) prior to carriage of signals in the aeranautical radio bands and at least ance each cal�dar year, with no more than 12 months between successive tests thereafter, the cable operator demonstrates by measurement in the airspace that at no point dces the field sirength ger►erated by the cable system exceed 10 microvolts per meter (µV/m) RMS at an altitude of 450 meters above the average terrain of the cable system. The measureme,�t system (including the r�eiving �te�x►a) sha11 be calibrated against a lrnown field of 10 µV/m RMS produced by a well characterized antenna consisting of orthoganal resonant dipoles, both parallel to and a�e quarte� wavelength abcfve the ground plane of a diamet� of two meters ar more at ground level. The dipoles shall have centers collocated and be excited 90 degrees apart. The half-power bandwidth of the detector shall be 25 kHz. If an aeronautical receiver is used for this purpose it shall m�t the standards of the Radio Technical Commission far Ae�ar►autics (RCTA) for a�'onautical communicati�s receivers. The aircraft antenna shall be h�izantally polarized. Caliluation sha11 be made in the community unit ar, if mae than one, in any of the community units of the physical system within a reasonable time period to performing the mea surements. If data is recorded digitally the 90th percentile level of points recorded over the cable sys�tem shall not exceed 10 µV/m RMS; if analog recordings is used the pea.k values of the curves, when smoothed accordir►g to good engineering practices, shall not exceed 10 µVlm RMS. (b) In paragraphs (a)(1) and (a)(2) of this section the un-modulated test signal used on the cable plant shall: (1) Be withixi the VHF aeronautical band 108-137 MHz or any other frequency in wluch the results can be correlated to the VHF aero�sutical band and (2) have an average pow� level equal to the average power level of the strongest cable televisian carrier on the systexn. (c) In paragraph (a)(1) and (2) of this section, if a modulated test signal is used, the test signal and d�ectar technique must, when considexe� togezher, yield the same result as tha�gh an un-modulated test signal wexe used in conjunction with a detection technique which would yield the RMS value of said un-modulated carrier. (d) lf a sampling of at le,ast 75% of the cable strand (and including any portions of the cable system which are known to have or can reasonably be expected to have less leakage integrity than the average of the system) as described in paragraph (axl) cannot be obtained by the cable operator or is otherwise nvt reasonably feasible, the cable operator shall perfarm the airspace measurements described in paragraph (a)(2). (e) Prior to providing service to any subscriber on a new section of cable plant, the op�ator shall show compliance with eith�: (1) The basic signal leakage criteria in accordance with paragraph (a)(l ) or (a)(2) of this section for the entire plant in operation or (2) a showing shall be made indicating that no individual leak in the new section of the plsnt exceeds 20 µV/m at 3 meters in accardance with §76.609 fo the Rules. (� Notwithstanding paragraph (a} of this section, a cable operator shall be permitted to operate on any frequency which is offset pursuant to §76.612 in the frequency band 108-137 MHz far the purpose of demonstrating compliance with the cable television basic signal leakage performance criteria. [50 FR 29399, Ju(y 19, 1985, as amended at 53 FR 2499, Jaa 28, 1988; 53 FR 5684, Feb. 25, l988; 58 FR44952, Aug. 25,1993] § 76.612 Cable television frequency separation standards. �TI (�I E WAFxN ER page 9 of 13 20050901 REB !'6R1 i 123 Subpart K-Technical Standards � • � 47CFR (76.601 to 76.617) All cable television systems which operate in the frequency bands 108-137 and 225-400 MHz shall comply with the following frequency separation standards: (a) In the aeronautical radio-communication bands 118-137, 225-328.6 and 335.4-400 MHz, the frequency of all carrier signals ar signal components camed at an average power level equal to ar greater than 10- 4 watts in a 25 kHz bandwidth in any 160 microsecond p�iod must aperate at frequencies offset from certain frequencies which may be used by aeronautical radio services operated by Commission licensees or by the United States Government or its Agencies. The aeronautical frequencies from which offsets must be maintained are those frequencies which are within one of the aeronautical bands defined in this subparagraph, and when expressed in MHz and divided by 0.025 yield an integer. The offset must meet one of the following two criteria: (1) All such cable carriers or signal components shall be offset by 12.5 kHz with a frequency tolerance of f5 kHz; ar (2) The fundamental frequency from which the visual cazrier frequencies are deriv� by multiplication by an integer number which shall be 6.0003 MHz with a tolerance of f 1 Hz (Harmonically Related Carrier (HRC) comb geneaators only). (b) In the aeronautical radio-navigation bands 108-118 and 328.6-335.4 MHz, the frequency of all carrier signals or signal components carrier at an a�erage power level equal to or greater than 10- 4 watts in a 25 kHz bandwidth in any 160 microsecond period shall be offset by 25 kHz with a tolerance of f5 kHz. The aeronautical radio-navigation frequencies from which offsets must be maintained are defined as follows: (1) Within the aeronautical band 108-118 MHz when expressed in MHz and divided by 0.025 yield an even integer. (1) Within the band 328.6-335.4 MHz, the radio-navigation glide path chazmels aze listed in Section 87.501 of the Rules. Note: The HRC system, as described above, will meet ttris requirement in the 328.6-335.4 MHz navigation glide path band Those Incrementally Related Cazriers (IRC� systet�, with ca�b generat� reference frequencies set at certain odd multiples equal to or greater than 3 times the 0.0125 MHz aeronautical communications baad offset, e.g. (6n + 1.250 f 0.0375) MH� may also meet the 25 kHz offset req�irement in the navigation glide path band (50 FR 24400, July 19, 1985] § 76.613 Interference from a mutN-channel video programming distributor (MVPD). (a) Harmful interference is any emission, radiation ar induction which endangers the functioning of a radio navigation service or of other safety s�vices o� saiously degrades, obstructs or repeatedly interrupts a radio communication service operating in accordance with this chapter. (b) An MVPD that causes harmful iutaference shall promptly take appropriate measures to eliminate the harmful interference. (c) If harmful interference to radio communications involving the safety of life and protection of property cannot be prompfly eliminated by the applicatiott of suitable techniques, operation of the offending MVPD or appropriate elements thereof shall immediately be suspende�l upon notification by the District Director and/or Resident Agent of the Commission's local field office, and shall not be resumed until the interference has baeu eliminated to the satisfaction of the District Director and/or Resident Agent. When authorized by the District Director and/or Resident Agent, short test operations may be made during the period of suspended operation to check the efficacy of remedial measures. '/[��, TiMELWARt�EFC page l0of 13 20050901REB ` l•aRl • . � . . . � . . 124 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (d) The MVPD may be required by the District Director and/ar Resident Agent to prepare and - submit a report regarding the cause(s) of the interference, conective measures planned or taken, and the efficacy of the remedial measures. [42 FR 41296, Aug. 16, 1977, as amended at 62 FR 61031, Nov. 14, 1997) § 76.614 Cable television system regular monitoring. Cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz shall provide for a program of regular monitoring f� signal leakage by substantially covering the plaut every three mouths. The incarporation of this monitoring program into the daily activities of existing service p�sonnel in the discharge of their normal duties will generally cover all portions of the system and will therefore meet this requirement. Monitoring equipment and procedures utilized by a cable operatar shall be adequate to detect a leakage source which produces a field strength in these bands of 20 uV/m or greater at a distance of 3 meters. During regular monitoring, any leakage swrce which produces a field strength of 20 uV/m or greater at a distance of 3 meters in the aeronautical radio frequency bands shall be noted and such leakage sources shall be repaired within a reasonable period of fime. Note 1 to §76.614: Section 76.1706 contains signal leakage recordkeeping requirements applicable to cable opentors. [65 FR 53616, Sept 5, 2000] § 76.616 Operation near certain aeronautical and marine emergency radio frequencies. (a) The transmission of carriers or other signal components capable of delivering peak power levels equal to or greater than 10- 5 watts at any poiirt in a cable television system is prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited within 50 kHz of the two frequencies 156.8 MHz and 243.0 MHz. (b) At any point on a cable system from 405.925 MHz to 406.176 MHz analog transmissions are prohibited &om delivering peak power levels equal to or greater than 10- 5 watts. The transmission of digital signals in this range is limited to power levels measured using a root- mean-squaze detector of less than 10- 5 watts in any 30 kHz bandwidth over any 2.5 millisecond interval. [69 FR 57862, 3ept. 28, 2004] § 76.617 Responsibility for interference. Interference resulting from the use of cable system terminal equipment (including subscriber terminal, input selector switch and any other accessories) shall be the responsibility of the cable system terminal equipment operator in accordance with the provisions of part 15 of this cl�apter: provided, however, that the operator of a cable system to which the cable system terminal equipment is connected shall be responsible for detecting and eliminating any signal leakage where that leakage would cause interference outside the subscriber's premises and/ar would cause the cable system to exceed the Part 76 signal leakage requirements. in cases where excessive signalleakage occurs, the cable operator shall be required only to discontinue service to the subscriber until the problem is corrected. [53 FR 46619, Nov. 18, 1989] § Sec. 76.1704 Proof-of-performance test data. �/[��'J�f Tlh4EtNARM@R page 11 of 13 20050901REB . . t" !' a R 1 0 � . 125 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (a) The proof of performance tests required by § 76.601 sha11 be maintained on file at the operatar's local business office for at least five years. The test data shall be made available for inspection by the Commission or the local franchiser, upon request. (b) The provisions of paragraph (a) of this section shall not apply to any cable television system having fewer than 1,000 subscribers, subject to the requirements of § 76.601(d). Note to § 76.1704: If a signal leakage log is being used to meet proof of performance test record keeping requirements in acca�dance with § 76.601, such a log must be retained for the period specified in § 76.601(d). § Sec. 76.1705 Performance tests (channels delivered). The operator of each cable television system shall maintain at its local office a cutrent listing of the cable television channels which that system delivers to its subscribers. § Sec. 76.1706 Signat leakage logs and repair records. Cable operators shall Ynaintain a log showing the date and location of each leakage source identified pursuant to § 76.614, the date on wluch the leakage was repaired, and the probable cause of the leakage. The log shall be kept on file for a period of two years and shall be made available to authorized representatives of the Commission upon request. Note to § 76.1705: If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with § 76.601, such a log must be retained for the period specified in § 76.601(d). § Sec. 76.1803 Signal leakage Monitoring MVPDs subject to § 76.611 must submit the results of ground based measurements derived in accordance with § 76.611(axl) or airspace measuremeuts derived in accardance with § 76.611(a)(2), including a description of the method by which compliance with basic signal leakage critexia is actrieved and the method of calibrating the measurement equipment. This information shall be provided to the Commission each calendar year via FCC Form 320. § Sec. 76.1804 Aeronautical frequencies: leakage Monitoring (CLI) An MVPD shall notify the Commission befare transmitting any carrier or ather signal component with an avaage power level across a 25 kHz bandwidth in any 160 micrasecond time period equal to ar greater than 10-4 watts at any point in the cable distribution system on any new frequency or &equencies in the aeronautical radio frequency bands (108 -137 and 225 - 400 MHz). The notificarion shall be made on FCC Form 321. Such notification shall include: (a) Legal name and local address of the M VPD; (b) The names and FCC identifiers (e.g., CA0001) of the system communities affected, fo� a cable system, and the name and FCC identifier (e.g., CAB901), for other MVPDs; (c) The names and tel�hone numbers of local system officials who are responsible for compliance with §§ 76.610 through 76.616 and § 76.1803; (d) Carrier frequency, tolerance, and type of modulation of all carriers in the aeronautical bands at any location in the cable distribution system and the maximum of those average powers measured over a 25 kHz bandwidth as descnbed above in this rule section; (e) The geographical coordinates (in NAD83) of a point near the center of the system, together with the distance (in kilometers) &om the designated point to the most remote poiM of the plant, existing or planned, that defines a circle enclosing the entire plant; (� Certification that the monitoring procedure used is in co�liance with § 76.614 or description of the routine monitoring procedure to be used; and �TIME WAFxNER page 12 of 13 20050901REB r�c� • 126 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (g) For MVPDs subject to § 76.611, the cumulative signal leakage index derived under § 76.611(a)(1} or the results of airspace measurements derived under § 76.611(a}(2), including a description of the method by which compliance with the basic signal leakage criteria is achieved and the method of calibrating the measurement equipment. (h) A�onautical Frequency Notifications, FCC Form 321, shall be pasanally signed either electronically or manually by the ope�ator; by one of the partnexs, if the operator is a partnership; by an officer, if the aperatar is a corparation; by a membe,r who is an officer, if the operator is an unincorparated association; or by any duly authorized employee of the operator. (i) A�onautical Frequency Notifications, FCC Form 321, may be signed by the operatar's attorney in case of the operator's physical disability or of lus absence from the United States. The attorney shall in that event separately set forth the reasons why the FCC Form 321 was not signed by the operator. In addition, if any matter is stated on the basis of the attomey's belief only (rather than the attorney's knowledge), the attorney shall s�arately set forth the reasons for believing that such statements are true. (j) The FCC Registration Number (FRN). § Sec. 76.614 Cable television system regular monitoring. Cable television operators transmitting camers in the frequency bands 108-137 and 225-400 MHz shall provide for a program of regulaz monitoring far signal leakage hy substantially cov�ing the plant every three moxrths. The incorporation of this monitoring program into the daily activities of existing service persomiel in the discharge of their normal duties will genez'allY cove,�' all portions of the system and will therefore meet this requirement. Monitaing equipment and procedures utilized by a cable operatar shall be adequate to detect a leakage source which produces a field strength in these bands of 20 uV/m ar greater at a distance of 3 meters. During regular monitaring, any leakage source which produces a field strength of 20 uV/m or greater at a distance of 3 meters in the aeronautical radio fre�uency bands shall be noted and such leakage sources shall be repaired within a reasonable period of time. Note 1 to § 76.614: Section 76.1706 contains signal leakage reco�dkeeping requireanents applicable to cable operat�s. (65 FR 53616, Sept 5, 2000] /'{��`y TIMEL"��4RhiER page 13 of 13 20050901REB 'l- f' � R 1 C . . . � . 127 '�1 �k n iri �ta4ki i e� yfinruupufi. � _. F(�i ['1 1f7 �:\f":{;1��'+ ' en i'rairir 1�133 `#15�11 ��,M-, , n2tumka � F�,c'Cl'!8� ��t!`��i?��r L(�yi`:�L (��'�`Ct'i:kLS f�)it#ei�el �dcire�ti�Pha�sii < al�te t3fli;4r ;;ji S �th Sr � �'��1Httulut��iliuc5a f: ii. t 1'71ii'�f . � ��; i ��-+4 i- 3 t1r lrli Uu�:ic f4��i93y K':tN�) NirhferEtl- �1r Stc:er [k�� a: h__ Ff`� C"IiED 'a4C\Itij�}c} thll� ��rf `?+(NJ f�.dina I?['i'(`f_'fF�? a�,�t'�<it�� NupM'toy Fc`��c�_��i�� tii��*; {iCexrmin�ttirr F('('E't'!1) h'�1\?N)Fri Frfdlc� t,(.(. l:I `ll.Y k41?� (N)" :+1. 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S°i,��5 Hon�e `�etwKarkinF� . . . . . . . . . . . . : . . . . . , : . . : . . a).f15 Insta[t:sti«� thar¢�� Prrt.� tii�h tiree:t Intct'ttiet I�o�iall:ttj�>n (iratr r�Ftiipute¢'Y . . . . . . . . . . . , 5 t�.(:�) Il�,ntr+'``Et.��,r1�in�.\'�`irtd �>r 447reCess _ . . . _ . . . . . . . . . . . . . . . . '9.9:� l'p�r�dc 5inglr EyC' t�itcr initial iit.tallat��ni ,...... i5,16f1 '��iEelc:tii; bl�tal):slAr�n . , . : . . . . . , ; . , . . : : . 35.(Hi t:h.�u�r15t' ..... ..........._............:.-•--..-... 'd.?'+ I)i�;'tt�l �?F�t�ne E'_€i:_;tat„r,F, L7�Ln.�I F'huna , . . . . . _ . . . . . . . . . . . . . . . . . . . : . . . . : . . . . . : . , `l.+4 �15 ;et'ifh Iti�lt s�;rrd i�1tt=�i�°I .urtli��r Stavif:tstt ur f)i_L`nl:�l ('.Ah[e• Pk�.� �)i,rtt:�l {`hr�tte accirh i3scxic (:':thlri . . . . . :i�f.'1y 1�U n....� .� 4a,...,_ c..�. <,. r�..t. +:i ��: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF October 24, 2005 William W. Burns, City Manager Don Abbott, Director of Public Safety Bob Rewitzer, Captain October 19, 2005 1ST READING OF AN ORDINANCE AMENDING CHAPTERS 11, 602, 603 AND 606 OF THE FRIDLEY CITY CODE ALLOWING TOURNAMENTS OF CARD GAMES OF SOCIAL SKILL In June 2005 the Minnesota legislature added language to the Criminal Code including "Texas Hold'em" in a list of card games defined by statute as "social skill games." Texas Hold'em is a popular form of poker in which each player is dealt two cards and there are five common cards. Some of the other card games included in the statute are cribbage, bridge, pinochle, and gin. Tournaments of these card games are not considered gambling when played according to conditions set forth in Minnesota Statute 609.761. Fridley City Code presently prohibits establishments licensed under Chapter 602 (Beer), 603 (Liquor), and Chapter 606 (Clubs) from having playing cards on the premise, therefore they are not permitted to hold tournaments involving these social skill card games. Representatives of licensed establishments have requested that the City of Fridley amend City Code to allow licensed establishments to conduct tournaments of card games of social skill, such as Texas Hold'em. The Police Department believes that social skill card games in licensed establishments should be regulated in a controlled, fair and lawful manner and consulted with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety to determine appropriate guidelines. The amendments to Sections 602.08, 603.10, and 606.10 will allow licensed establishments to hold social skill card game tournaments and benefit from the revenues derived from the sale of food and beverages to patrons of such tournaments, while at the same time ensure that the holding of such tournaments will comply with Minnesota Statutes. The amendments continue the prohibition against playing cards in licensed establishments, permitting them only for use during a tournament of a social skill card game as defined by Minnesota Statute 609.761 (Texas Hold'em, cribbage, bridge, etc.). The amendments define a tournament as one separate and distinct organized contest involving contestants who compete in a series of elimination card games of social skill as defined by MS � 609. 761 subdivision 3. Only one tournament can be held at one time on the licensed premise or any adjoining property owned or leased by the licensee. Tournaments can only occur during the normal hours of operation of the licensed premise. No entrance fee, cover charge, or buy-in, may be charged of either participants or spectators. No purchase requirements or higher than normal charges for consumer goods are allowed either. Neither money nor anything of value is allowed to be used by players for wagering during the tournament. Side bets, back bets and gambling are prohibited. Total prizes in a tournament are limited to no more than $200 fair market value and no participant can be awarded more than $200 in prizes in a single day. No prizes of liquor, beer or wine are permitted. Licensees are permitted to conduct tournaments themselves but any other person, partnership, corporation, or organization desiring to conduct a tournament must obtain a tournament service provider license from the City. Tournament service provider licenses require a background check and have a$100 annual fee. Staff believes that these are reasonable regulations to permit license holders to conduct social skill card game tournaments. Staff recommends a first reading of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11, 602, 603 AND 606 OF THE FRIDLEY CITY CODE ALLOWING TOURNAMENTS OF CARD GAMES OF SOCIAL SKILL It is in the public interest for the City of Fridley to amend its liquor ordinances in an effort to allow licensed establishments to conduct tournaments of card games of social skill, as permitted by Minnesota Statute, in a controlled, fair and lawful manner. The amendments to Sections 602.08, 603.10, and 606.10 will allow licensed establishments to hold social skill card game tournaments and benefit from the revenues derived from the sale of food and beverages to patrons of such tournaments, while at the same time ensure that the holding of such tournaments will comply with Minnesota Statute 609.761. The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Chapter 602 of the Fridley City Code be hereby amended as follows: 602.08. Conditions of License 5. Gambling No gambling or any gambling device shall be permitted on any licensed premises. Prohibited gambling shall include private social bets not part of or incidental to organized, commercialized, or systematic gambling. Gambling device shall include slot machines, roulette wheels, punchboards, dice, r'°��r� ^°r�°, video game of chance and pin-ball machines which return coins or slugs, chips, or tokens of any kind which are redeemable in merchandise, cash or other item of value. Gambling is prohibited whether or not licensed by the State. (Re£ 958) 12. No licensee shall use or permit to be used anv plavin� cards on the licensed premise except that playin� cards may be used durin� a tournament of a social skill card �ame as defined by Minnesota Statute 609.761, subdivision 3, and conducted pursuant to re�ulations contained therein and this Cit.� A. Social Skill Card Game Tournament (1) A social skill card �ame tournament means one separate and distinct or�anized contest involvin� contestants who compete in a series of elimination card �ames of social skill as defined by Minnesota Statute 609.761, subdivision 3. (2) No licensee shall permit or conduct more than one social skill card �ame tournament at anv one time on the licensed premise or anv adjoinin� propertv owned or leased bv the licensee and no social skill card �ame tournament shall be permitted or conducted exce�t durin� the normal hours of operation of the licensed premise. (3) No licensee shall char�e or permit to be char e� d anv fee, cover char�e, or buv-in, or require or permit to be required purchase or consideration of any kind to enter the place where a social skill card �ame tournament is occurrin� as a participant or spectator. Ordinance No. Page 2 (4) No licensee shall char�e or permit to be char�ed, to either participants or spectators of a social skill card �ame tournament, a price for consumer �oods which is hi�her than the price that is normally char�ed. (5) No licensee shall permit wa�ers in a social skill card �ame tournament to be made with currenc.�y other thin� of value except tournament chips or tokens. Tournament chips or tokens shall represent tournament points only and shall have no cash value or be redeemable for cash or for any other thin� of value, except the point total represented by the blavers' accumulation of tournament chibs or tokens shall be used to determine winners and/or final place in a tournament. (6) No licensee shall permit players or spectators to make any side bets or back bets, or en�a�e in any other form of �amblin�, at a social skill card �ame tournament. (7) No licensee shall permit the a��re�ate amount or fair market value of prizes offered or �iven in anv sin�le social skill card �ame tournament to exceed $200 and no licensee shall award or permit to be awarded prizes exceedin� a$200 value to any one social skill card �ame tournament participant on any one da� (8) No licensee shall award or permit to be awarded any prize consistin� of intoxicatin� liquor, beer, or wine, or certificate for future consideration of same, in a social skill card �ame tournament. (9) No person, partnership, corporation, or other or�anization, other than the licensee, shall conduct or be permitted to conduct a social skill card �ame tournament on a licensed premise without first havin� obtained a tournament service provider license pursuant to this Chapter. B. Social Skill Card Game Tournament Service Provider (1) A person, partnership, corporation, or other or�anization, other than the licensee, who conducts, or�anizes su�plies or promotes a social skill card �ame tournament on a premise licensed under this Chapter, is a social skill card �ame tournament service provider. (2) No person, partnership, corporation, or other or�anization shall act as a social skill card �ame tournament service provider without first havin� obtained a license to do so from the Citv Council. (3) All a�plications for tournament service provider licenses shall be made to the City settin� forth all information necessarv to show whether or not the person, partnershi�, corporation, or other or�anization qualifies for such a license under this Chapter, to�ether with such additional information as mav be required bv the Citv Council. A completed application form must include the full true names, dates of birth, social security numbers and addresses of all persons financiallv interested in the business and/or all persons who are either on the Board of Directors of or hold offices in the entity or or�anization. The term "persons financiallv interested in the business" shall include all persons who share in the profits of the business. Ordinance No. Page 3 (4) All a�plications for a license shall be referred to the Public Safety Director for verification and investi�ation of the facts set forth in the a�plication. The Public Safety Director shall cause to be made such investi�ation of the information requested as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State law or Municipal ordinance. The City Council may order and conduct such additional investi�ation as it shall deem necessary. In makin� a determination of suitability for a tournament service provider license, the City Council shall consider the back�round of each person, partner, corporate officer or individual abblicant. (5) No license shall be �ranted or held by an�person who has been convicted, within 15 . e�prior to the a�plication of such license, of an. f�y violation of any law of the United States, the State of Minnesota, or any other state or territory, or of an.� ordinance involvin� or related to theft or �amblin�. (6) The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Section 2: That Chapter 603, Intoxicating Liquor, of the Fridley City Code be hereby amended as follows: 603.10 CONDITIONS OF LICENSE 7. No licensee shall keep, possess, operate or permit the keeping, possession, or operation of any dice, r'�� r�'°, video game of chance, or gambling device including slot machines, roulette wheels, punchboards, and pin ball machines which return coins or slugs, chips, or tokens or any kind which are redeemable in merchandise, cash or other item of value on the licensed premises. Pull-tabs and other expressly authorized forms of legal gambling may be conducted on licensed premises when such activity is licensed by the State pursuant to Minnesota Statute, Chapter 349, and conducted pursuant to the regulations contained in this City Code. (Ref. 1200) 23. No licensee shall use or permit to be used an�playin� cards on the licensed premise except that playin� cards may be used durin� a tournament of a social skill card �ame as defined bv Minnesota Statute 609.761, subdivision 3, and conducted pursuant to re�ulations contained therein and this Citv Code. A. Social Skill Card Game Tournament (1) A social skill card �ame tournament means one separate and distinct or�anized contest involvin� contestants who compete in a series of elimination card �ames of social skill as defined by Minnesota Statute 609.761, subdivision 3. (2) No licensee shall permit or conduct more than one social skill card �ame tournament at anv one time on the licensed premise or anv adjoinin� propertv owned or leased bv the licensee and no social skill card �ame tournament shall be permitted or conducted exce�t durin� the normal hours of operation of the licensed premise. Ordinance No. Page 4 (3) No licensee shall char�e or permit to be char�ed any fee, cover char�e, or bu. -i� require or permit to be required purchase or consideration of any kind to enter the place where a social skill card �ame tournament is occurrin� as a participant or spectator. (4) No licensee shall char�e or permit to be char�ed, to either participants or spectators of a social skill card �ame tournament, a price for consumer �oods which is hi�her than the price that is normally char�ed. (5) No licensee shall permit wa�ers in a social skill card �ame tournament to be made with currenc.�y other thin� of value except tournament chips or tokens. Tournament chips or tokens shall represent tournament points only and shall have no cash value or be redeemable for cash or for any other thin� of value, except the point total represented by the players' accumulation of tournament chips or tokens shall be used to determine winners and/or final blace in a tournament. (6) No licensee shall permit players or spectators to make any side bets or back bets, or en�a�e in any other form of �amblin�, at a social skill card �ame tournament. (7) No licensee shall permit the a��re�ate amount or fair market value of prizes offered or �iven in any sin�le social skill card �ame tournament to exceed $200 and no licensee shall award or permit to be awarded prizes exceedin� a$200 value to any one social skill card �ame tournament participant on any one da� (8) No licensee shall award or permit to be awarded any prize consistin� of intoxicatin� liquor, beer, or wine, or certificate for future consideration of same, in a social skill card �ame tournament. (9) No person, partnership, corporation, or other or�anization, other than the licensee, shall conduct or be permitted to conduct a social skill card �ame tournament on a licensed premise without first havin� obtained a tournament service provider license pursuant to this Chapter. B. Social Skill Card Game Tournament Service Provider (1) A person, partnership, corporation, or other or�anization, other than the licensee, who conducts, or�anizes su�plies or promotes a social skill card �ame tournament on a premise licensed under this Chapter, is a social skill card �ame tournament service provider. (2) No person, partnership, corporation, or other or�anization shall act as a social skill card �ame tournament service provider without first havin� obtained a license to do so from the City Council. (3) All a�plications for tournament service provider licenses shall be made to the City settin� forth all information necessarv to show whether or not the person, partnershi�, corporation, or other or�anization qualifies for such a license under this Chapter, to�ether with such additional information as mav be required bv the Citv Council. A completed application form must include the full true names, dates of birth, social security numbers and addresses of all persons financiallv interested in the business and/or all persons who are either on the Board of Directors of or hold offices in the entity or or�anization. The Ordinance No. Page 5 term "persons financially interested in the business" shall include all persons who share in the profits of the business. (4) All a�plications for a license shall be referred to the Public Safety Director for verification and investi�ation of the facts set forth in the a�plication. The Public Safety Director shall cause to be made such investi�ation of the information requested as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State law or Municipal ordinance. The City Council may order and conduct such additional investi�ation as it shall deem necessary. In makin� a determination of suitability for a tournament service provider license, the City Council shall consider the back�round of each person, partner, corporate officer or individual abblicant. (5) No license shall be �ranted or held by an�person who has been convicted, within 15 . e�prior to the a�plication of such license, of an. f�y violation of any law of the United States, the State of Minnesota, or anv other state or territorv, or of anv local ordinance involvin� or related to theft or �amblin�. (6) The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Section 3: That Chapter 606, Intoxicating Liquors — On-Sale Clubs, of the Fridley City Code be hereby amended as follows: 606.10. Conditions 11. No licensee shall use or permit to be used anv plavin� cards on the licensed premise except that playin� cards may be used durin� a tournament of a social skill card �ame as defined bv Minnesota Statute 609.761, subdivision 3, and conducted pursuant to re�ulations contained therein and this Citv Code. A. Social Skill Card Game Tournament (1) A social skill card �ame tournament means one separate and distinct or�anized contest involvin� contestants who compete in a series of elimination card �ames of social skill as defined bv Minnesota Statute 609.761_ subdivision 3. (2) No licensee shall permit or conduct more than one social skill card �ame tournament at anv one time on the licensed premise or anv adjoinin� propertv owned or leased bv the licensee and no social skill card �ame tournament shall be permitted or conducted exce�t durin� the normal hours of operation of the licensed premise. (3) No licensee shall char�e or permit to be char e� d anv fee, cover char�e, or buv-in, or require or permit to be required purchase or consideration of any kind to enter the place where a social skill card �ame tournament is occurrin� as a participant or spectator. (4) No licensee shall char�e or permit to be char�ed, to either participants or spectators of a social skill card �ame tournament, a price for consumer �oods which is hi�her than the price that is normallv char�ed. Ordinance No. Page 6 (5) No licensee shall permit wa�ers in a social skill card �ame tournament to be made with currenc.�y other thin� of value except tournament chips or tokens. Tournament chips or tokens shall represent tournament points only and shall have no cash value or be redeemable for cash or for any other thin� of value, except the point total represented by the players' accumulation of tournament chips or tokens shall be used to determine winners and/or final blace in a tournament. (6) No licensee shall permit players or spectators to make any side bets or back bets, or en�a�e in any other form of �amblin�, at a social skill card �ame tournament. (7) No licensee shall permit the a��re�ate amount or fair market value of prizes offered or �iven in any sin�le social skill card �ame tournament to exceed $200 and no licensee shall award or permit to be awarded prizes exceedin� a$200 value to any one social skill card �ame tournament participant on any one da� (8) No licensee shall award or permit to be awarded any prize consistin� of intoxicatin� liquor, beer, or wine, or certificate for future consideration of same, in a social skill card �ame tournament. (9) No person, partnership, corporation, or other or�anization, other than the licensee, shall conduct or be permitted to conduct a social skill card �ame tournament on a licensed premise without first havin� obtained a tournament service provider license pursuant to this Chapter. B. Social Skill Card Game Tournament Service Provider (1) A person, partnership, corporation, or other or�anization, other than the licensee, who conducts, or�anizes su�plies or promotes a social skill card �ame tournament on a premise licensed under this Chapter, is a social skill card �ame tournament service provider. (2) No person, partnership, corporation, or other or�anization shall act as a social skill card �ame tournament service provider without first havin� obtained a license to do so from the City Council. (3) All a�plications for tournament service provider licenses shall be made to the City settin� forth all information necessarv to show whether or not the person, partnershi�, corporation, or other or�anization qualifies for such a license under this Chapter, to�ether with such additional information as mav be required bv the Citv Council. A completed application form must include the full true names, dates of birth, social security numbers and addresses of all persons financiallv interested in the business and/or all persons who are either on the Board of Directors of or hold offices in the entity or or�anization. The term "persons financiallv interested in the business" shall include all persons who share in the brofits of the business. (4) All a�plications for a license shall be referred to the Public Safety Director for verification and investi�ation of the facts set forth in the a�lication. The Public SafetX Director shall cause to be made such investi�ation of the information requested as shall be necessarv and shall make a written recommendation and report to the Citv Council which shall include a list of all violations of Federal or State law or Municipal ordinance. Ordinance No. Page 7 The City Council may order and conduct such additional investi�ation as it shall deem necessary. In makin� a determination of suitability for a tournament service provider license, the City Council shall consider the back�round of each person, partner, corporate officer or individual abblicant. (5) No license shall be �ranted or held by an�person who has been convicted, within 15 . e�prior to the a�plication of such license, of an. f�y violation of any law of the United States, the State of Minnesota, or any other state or territory, or of an.� ordinance involvin� or related to theft or �amblin�. (6) The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Section 4: That Chapter 11 of the Fridley City Code be hereby amended as follows: COLIE SUB7ECT ' FEE ' 602 Social Skill Game Tournament Service $100 annually 603 Provider 606 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF October 24, 2005 William W. Burns, City Manager Don Abbott, Director of Public Safety Bob Rewitzer, Captain October 19, 2005 1ST READING OF AN ORDINANCE AMENDING CHAPTERS 601, 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING ADMINISTRATIVE OFFENSES An administrative offense (also known as an administrative penalty) is a legal mechanism that allows a city to impose a civil penalty on a business license holder for failing to comply with state laws and local ordinances relating to sales of alcoholic beverages to minors. The penalty may consist of a monetary fine or the suspension or revocation of a business license and may be imposed upon the license holder as well as the individual seller or server of alcohol. An administrative offense is intended to hold license holders accountable as well as provide an optional enforcement mechanism that is more cost-effective, timely and practical than prosecuting sellers and servers through the court system. It is administered by the City rather than the courts - providing an alternative to criminal prosecution but not necessarily replacing criminal prosecution. An administrative offense section was added to Chapter 12 (Tobacco) several years ago and has been used successfully to limit youth access to tobacco products. The Police Department believes that an administrative offense addition to Chapter 601 (Municipal Operations), Chapter 602 (Beer), 603 (Liquor), and Chapter 606 (Clubs) is an important and viable method for reducing the availability of alcohol to youth. In addition, a grant to enforce underage drinking laws awarded by the State of Minnesota to the City of Fridley has an administrative penalty requirement for license holders whose employees sell to minors. Administrative penalties imposed for sellers or servers of alcohol are $250 for a first violation, $500 for a second within 12 months, and $750 for a third violation within 12 months. Administrative penalties imposed for license holders are $500 for a first violation, $1000 for a second violation within 12 months, and the option of permanent license revocation for a third violation within 12 months. As an example, if a server provides alcohol to a minor, the only option currently available is to arrest or charge the server for a gross misdemeanor criminal offense. No action is taken against the license holder employing the server. Administrative offenses provide the option of civil penalties against the server as well as the license holder. For a first offense, a server would pay a$250 penalty and a license holder would pay a$500 penalty. When license holders are held accountable for the actions of their employees, they are more likely to adequately train and supervise their employees through server-training programs and other policies and practices that encourage employees to comply with age-of-sale laws. Two additional changes to Chapter 602 (Beer) and Chapter 603 (Liquor) regard the ability of the Police Department to use persons under the age of twenty-one (21) years to test whether licensed establishments are complying with statutes and ordinances prohibiting the sale of alcohol to minors. Regular alcohol compliance checks are proven to reduce the availability of alcohol to youth. The amendments to Section 602.11 and 603.13 establish that the Police Department may use persons under the age of twenty-one (21) years in a compliance check without being in conflict with City Code. Staff believes that administrative offenses provide the public and the City with an informal, cost effective, and practical alternative to traditional enforcement of alcohol sales violations. Staff finds that the additional changes to Chapters 602 and 603 are necessary to prevent compliance efforts from conflicting with City Code. Staff recommends a first reading of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 601, 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING ADMINISTRATIVE OFFENSES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Chapter 601, Municipal Operation of Liquor, of the Fridley City Code be hereby amended as follows: 601.09. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. At any time prior to the pavment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the City, at its discretion, may brin� criminal char�es in the first instance. In the event a part�participates in the administrative offense procedures but does not pav the monetar�penalty which ma. b�posed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated �uilty of the criminal violation. C. Notice. Anv officer of the Fridlev Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled enal . D. Payment. Once such notice is �iven, the alle�ed violator may, within twent�20) da.�� the time of issuance of the notice pav the amount set forth on the notice, or mav request a hearin� in writin�, as provided for hereafter. The penal . ma.��paid in person or by mail, and pavment shall be deemed to be an admission of the violation. E. Hearin�. Anv person contestin� an administrative offense pursuant to this Chapter maX request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safetv director within twentv�20) davs of the offense. The Public SafetX Director shall notify the Hearin� Examiner, who will notify the person contestin� of the date, time, and place of hearin�. The hearin� shall be conducted no more than twentv�20) davs after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the person contestin� and the Citv. Within ten (10) davs after such hearin�, the Hearin� Examiner shall affirm, repeal, or modify the char�e a�ainst the person contestin�. Anv person a��rieved bv the decision of the Hearin� Examiner mav a�eal with the Public Safety Director within twent�20) days of receivin� notice of the Hearin� Examiner's decision. At its next available re�ular meetin� followin� the filin� of a notice of a�eal, the Ordinance No. Page 2 Council shall review the decision and findin�s of fact of the Hearin� Examiner and shall affirm repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The City Mana�er may, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin� duties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin� findin�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to pav the penalt. ,�party will be char�ed with the criminal offense. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 601.10. VIOLATIONS A. Administrative Civil Penalties: Anv person in the emplov of a Municipal Liquor Dispensary who sells any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twentv-one 21�vears is subject to an administrative penaltv; and an�person under the a�e of twent. -�21j who attempts to purchase any intoxicatin� liquor, 3.2% malt liquor, beer or wine from a Municipal Liquor Dispensary is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Defense. It is a defense to the char�e of sellin� intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twentv-one 21�vears, that the individual, in makin� the sale, reasonably and in �ood faith relied upon representation of proof of a�e described in State Statute Section 340A.503. subdivision 6,�aragraph (a). C. Exemption. A person, no voun�er than 18 and no older than 20, mav be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an emplovee of the licensin� department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person Ordinance No. Page 3 who purchases or attempts to purchase intoxicatin� liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. 601.11. �9�. PENALTIES Section 2: That Chapter 602, 3.2% Malt Liquor, of the Fridley City Code be hereby amended as follows: 602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION 3. Procurement No person shall induce a person under the age of twenty-one (21) years to purchase or procure 3.2% malt liquor or beer. This Section shall not prohibit the use of a person under the a�e of twent. -�21�years to attempt to purchase or procure beer from a licensee in a test of compliance under the direct supervision of a law enforcement officer or an emplovee of the licensin� department, or in conjunction with a compliance check effort that has been pre- approved by the Fridley Police department. 602.14. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and anv sale or other disposition of anv intoxicating liquor, 3.2% malt liquor, beer or wine by an employee to an�person under twent. -�21�years of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penaltv, license suspension, or revocation. 1. Individual. At an. t�prior to the pavment of the administrative penalt. a�provided for hereafter, the individual mav withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit. ,� discretion, mav brin� criminal char�es in the first instance. In the event a partv participates in the administrative offense procedures but does not pav the monetar�penalty which may be imposed, the Citv will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated �uiltv of the criminal violation. 2. Licensee. At anv time prior to the pavment of the administrative penaltv as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the Citv mav permanentiv revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pav the monetar�penalty which may be imposed, the Citv will suspend the license issued to the licensee under this Chapter in accordance with section 602.15.B of this ordinance. Ordinance No. Page 4 C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled enal . D. Payment. Once such notice is �iven, the alle�ed violator may, within twent�20) da.�� the time of issuance of the notice pav the amount set forth on the notice, or may request a hearin� in writin�, as provided for hereafter. The penal . ma.��paid in person or by mail, and pavment shall be deemed to be an admission of the violation. E. Hearin�. Any person contestin� an administrative offense pursuant to this Chapter may request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twent�20) days of the offense. The Public Safety Director shall notify the Hearin� Examiner, who will notify the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twent�20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) days after such hearin�, the Hearin� Examiner shall affirm, repeal, or modify the char�e a�ainst the licensee or the person contestin�. An�person a��rieved by the decision of the Hearin� Examiner ma��peal with the Public Safety Director within twent�20) da.�� receivin� notice of the Hearin� Examiner's decision. At its next available re�ular meetin� followin� the filin� of a notice of a�peal, the Council shall review the decision and findin�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The City Mana e� r mav, at his discretion and with the a�roval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chabter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin� duties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin f� indin�s of fact and conclusions of law. 4. Affirm, repeal or modifv the penaltv accessed. I. Failure to Pav. In the event a partv char�ed with an administrative penaltv fails to pav the penalty, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will suspend the license issued to the licensee under this Chapter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 602.15. VIOLATIONS Ordinance No. Page 5 A. Administrative Civil Penalties: Individuals. An�person in the employ of a licensee who sells any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent� one (21�years is subject to an administrative penalty; and any person under the a�e of twent� one (21�years who attempts to purchase any intoxicatin� liquor, 3.2% malt liquor, beer or wine from a licensee is subiect to an administrative benaltv. The administrative benalties are as follows: First violation. The penalty for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent. -�21) years, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City ma.��pend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City ma.��pend the license issued to the licensee under this Chapter for a period not to exceed 30 da� Third violation within 12 months. The citv mav permanently revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent. -�21�years, that the licensee or individual, in makin� the sale, reasonablv and in �ood faith relied upon representation of proof of a�e described in State Statute Section 340A.503. subdivision 6, para�raph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensin� department, or in conjunction with a compliance check effort that has been pre-a�roved bv the Fridlev Police department. A person who purchases or attempts to purchase intoxicatin� liquor, 3.2% malt liquor, beer or wine while in this capacitv is exempt from the penalties imposed bv subdivision A above. 602.16 �4. REVOCATION 602.17 ��. PENALTIES Section 3: That Chapter 603, Intoxicating Liquor, of the Fridley City Code be hereby amended as follows: 603.13. RESTRICTIONS 1NVOLVING MINORS 3. No person shall induce a person under the age of twenty-one (21) years to purchase or procure or obtain intoxicating liquor or ��g 3.2% malt liquor. This Section shall not prohibit the use of a person under the a�e of twent. -�21�years to attempt to purchase or Ordinance No. anv intoxicatin� liauor_ 3.2% malt liauor_ beer or wine from a licensee in a test of compliance under the direct supervision of a law enforcement officer or an employee of the licensin� department, or in conjunction with a compliance check effort that has been pre- approved by the Fridley Police department. 603.25. ADMINISTRATIVE OFFENSES Page 6 A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of any intoxicatin� liquor, 3.2% malt liquor, beer or wine bv an emplovee to an�person under twentv-one 21�vears of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penalty, license suspension, or revocation. 1. Individual. At an. t�prior to the pavment of the administrative penalt. a�provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit. ,� discretion, may brin� criminal char�es in the first instance. In the event a part�participates in the administrative offense procedures but does not pav the monetar�penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated �uiltv of the criminal violation. 2. Licensee. At anv time prior to the pavment of the administrative penaltv as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the Citv mav permanentiv revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pav the monetar�penalty which may be imposed, the Citv will suspend the license issued to the licensee under this Chapter in accordance with section 603.26.B of this ordinance. C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notifv the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled enal . D. Pavment. Once such notice is �iven, the alle�ed violator mav, within twentv�20) davs of the time of issuance of the notice pav the amount set forth on the notice, or may request a hearin� in writing, as provided for hereafter. The penaltv mav be paid in person or bv mail, and pavment shall be deemed to be an admission of the violation. E. Hearin�. Any person contestin� an administrative offense pursuant to this Chapter may request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twent�20) days of the offense. The Public Safety Ordinance No. Page 7 Director shall notify the Hearin� Examiner, who will notify the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twent�20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) days after such hearin�, the Hearin� Examiner shall affirm, repeal, or modify the char�e a�ainst the licensee or the person contestin�. An�person a��rieved by the decision of the Hearin� Examiner ma��peal with the Public Safety Director within twent�20) da.�� receivin� notice of the Hearin� Examiner's decision. At its next available re�ular meetin� followin� the filin� of a notice of a�peal, the Council shall review the decision and findin�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The City Mana�er may, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin� duties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin� findin�s of fact and conclusions of law. 4. Affirm, repeal or modifv the penaltv accessed. I. Failure to Pav. In the event a partv char�ed with an administrative penaltv fails to pav the penalty, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will suspend the license issued to the licensee under this Chapter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 603.26. VIOLATIONS A. Administrative Civil Penalties: Individuals. An�person in the employ of a licensee who sells anv intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twentv- one (21�years is subject to an administrative penalty; and any person under the a�e of twent� one 21�vears who attempts to purchase anv intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an emplovee of a licensee is found to have sold any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the Ordinance No. Page 8 a�e of twent. -�21) years, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City ma.��pend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City ma.��pend the license issued to the licensee under this Chapter for a period not to exceed 30 da� Third violation within 12 months. The citv mav permanently revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent. -�21�years, that the licensee or individual, in makin� the sale, reasonably and in �ood faith relied upon representation of proof of a�e described in State Statute Section 340A.503. subdivision 6,�aragraph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensin� department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person who purchases or attempts to purchase intoxicatin� liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. E. Revocation. The Citv Council has the authoritv to revoke anv license as noted in 11.08. 603.27. ��. PENALTIES Section 4: That Chapter 606, Intoxicating Liquor — On-Sale Clubs , of the Fridley City Code be hereby amended as follows: 606.14. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the Citv with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntarv on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and anv sale or other disposition of anv intoxicating liquor, 3.2% malt liquor, beer or wine by an employee to an�person under twent. -�21�years of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penaltv, license suspension, or revocation. 1. Individual. At an. t�prior to the pavment of the administrative penalt. a�provided for hereafter, the individual mav withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit. ,� discretion, mav brin� criminal char�es in the first instance. In the event a partv participates in the administrative offense procedures but does not pav the monetar�penalty which may be Ordinance No. Page 9 imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated �uiltv of the criminal violation. 2. Licensee. At an. t�prior to the pavment of the administrative penalt. a�provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City ma�permanently revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pav the monetar�penalty which may be imposed, the City will suspend the license issued to the licensee under this Chapter in accordance with section 606.15.B of this ordinance. C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled enal . D. Payment. Once such notice is �iven, the alle�ed violator may, within twent�20) da.�� the time of issuance of the notice pav the amount set forth on the notice, or may request a hearin� in writin�, as provided for hereafter. The penal . ma.��paid in person or by mail, and pavment shall be deemed to be an admission of the violation. E. Hearin�. Any person contestin� an administrative offense pursuant to this Chapter may request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twent�20) days of the offense. The Public Safety Director shall notifv the Hearin� Examiner, who will notifv the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twentv�20) davs after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) davs after such hearin�, the Hearin� Examiner shall affirm, repeal, or modifv the char�e a�ainst the licensee or the person contestin�. An�person a��rieved by the decision of the Hearin� Examiner ma��peal with the Public Safety Director within twent�20) da.�� receivin� notice of the Hearin� Examiner's decision. At its next available re�ular meetin� followin� the filin� of a notice of a�eal, the Council shall review the decision and findin�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The City Mana e� r mav, at his discretion and with the a�roval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin� duties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. Ordinance No. Page 10 3. Make a complete record of all proceedin�s includin� findin�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to pav the penalty, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will suspend the license issued to the licensee under this Chapter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 606.15 VIOLATIONS A. Administrative Civil Penalties: Individuals. An�person in the employ of a licensee who sells any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent� one 21�vears is subject to an administrative penaltv; and anv person under the a�e of twentv- one (21�years who attempts to purchase any intoxicatin� liquor, 3.2% malt liquor, beer or wine from a licensee is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penalty for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twentv-one 21) vears, the licensee shall be subject to an administrative penaltv as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 davs the Citv mav suspend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City ma.��pend the license issued to the licensee under this Chapter for a period not to exceed 30 davs. Third violation within 12 months. The citv mav bermanentiv revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� intoxicatin� liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent. -�21�years, that the licensee or individual, in makin� the sale, reasonablv and in �ood faith relied upon representation of proof of a�e described in State Statute Section 340A.503. subdivision 6, para�raph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act onlv under the direct supervision of a law enforcement officer or an employee of the licensin� department, or in conjunction with a compliance check effort that has been pre-a�roved bv the Fridlev Police department. A person who purchases or attempts to purchase intoxicatin� liquor, 3.2% malt liquor, beer or wine while in this capacitv is exempt from the penalties imposed bv subdivision A above. Ordinance No. 606.16. �9Fr�4. REVOCATION 606.17. �. PENALTIES Page 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: � � CffY OF FRIDLEI' DATE TO AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 October 20, 2005 William W. Burns, City Manager FROM: Scott J. Hickok, Community Development Director SUBJECT: Tax Base Revitalization Account Application INTRODUCTION JLT East River Road, LLC, has requested the City's assistance in their quest to obtain a grant through the Metropolitan Council's, Tax Base Revitalization Account (TBRA) program. As JLT has moved toward demolition of their building in the northeast quadrant of Highway 694 and East River Road, they encountered a significant presence of asbestos in the building. Proper abatement of that asbestos will be required, prior to demolition of the building. Since this type of abatement matches the purpose of the TBRA grant program, and since redevelopment of this site will play an important role in revitalizing this property along our major corridors, staff is requesting that the City approve the attached resolution necessary for JLT's complete grant application (application included in the reading file for your convenience). ELEMENTS FOR CONSIDERATION As you may recall, Fridley's involvement in the Livable Communities Program, makes the City eligible for funds through the Tax Base Revitalization Account (TBRA). TBRA funds are used for cleaning up polluted land for redevelopment. The funds help to put vacant land and buildings back to productive uses, help to create jobs, and as the Metropolitan Council describe it, "Fuel the region's economic engine". This results in: a cleaner environment, revitalized communities, and growth directed to central cities and older suburbs where costly infrastructure like roads and sewers is already in place. This program is JLT, Tax Base Revitalization Account October 20, 2005 PAGE 2 conducted in coordination with the Minnesota Department of Trade and Economic Development The interior of the office portion of the building has asbestos ceiling decks, has been fireproofed with asbestos, and the plant areas contain significant quantities of asbestos in various locations. An asbestos survey was completed in October of 2005. Cost estimates for clean-up, based on the survey, will be approximately $490, 000. The City of Fridley has participated in the past in two grant applications such as this being requested. One was for soil clean-up on the Onan property to ready the land for Murphy's warehouse. The other was to assist Dealer's Manufacturing at a time when they discovered and needed significant soil clean- up on their site. City's Role Put simply, the City's role in this application is to be the administrator of the grant. In this program, City staff serves as Met Council's local administrator to make certain that all requirements of reporting and documentation have been met. The City would continue to follow-up after completion of the project to measure the success of the development that occurs as a result of the grant investment. The State is interested in the best return on its investments. Success stories like the Murphy Warehouse project; a project that took land with an assessed value of $0 and through DEED and Met Council participation allowed clean-up to occur and eventually clean land to accommodate a 400,000 s.f. warehouse, new value, new warehouse jobs, etc. is the kind of success story being sought. JLT believes they too will bring the State and our City a similar success story. JLT could not obtain a grant through this program without the City agreeing to administer the grant. Staff too believes that with the proper clean-up and redevelopment, this site will bring new value, image and employment. The funds would be issued to Fridley on behalf of JLT. Once JLT performs, funds would be released as outlined in the program requirements. City's Incentive At a time when economic development tools are few for attracting business, this program does allow the City to offer something other than money to inspire/ assist with redevelopment. An industrial building sitting empty and in need of JLT, Tax Base Revitalization Account October 20, 2005 PAGE 3 clean-up has an image price tag, aside from limiting job possibilities and limiting the performance of that immediate real estate and those sites that surround it. Costs of staff time (estimated 20 — 30 hours) dedicated to the administration of this grant can be absorbed. In exchange, this development will likely see earlier demolition of the existing building and less lag time before a reuse of the site can occur. RECOM M ENDATION Staff recommends approval of the attached resolution supporting JLT, East River Road, LLC's application for a grant through the Tax Base Revitalization Account M-05-118 RESOLUTION NO. 2005- RESOLUTION AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS, the City of Fridley in a participant in the Livable Communities Act's Housing Incentives Program for 1996 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHERAS, the City has identified a clean-up proj ect within the City that meets the Tax Base Revitalization account's purpose/s and criteria; and WHERAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHERAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Fridley, Minnesota agrees to act as legal sponsor for the proj ect contained in the Tax Base Revitalization grant application submitted on November 1, 2005 ; BE IT FURTHER RESOLVED, that 7LT East River Road, LLC is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Fridley and to execute such agreements as are necessary to implement the proj ect on behalf of the applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK 5601 East River Road Proj ect Overview JLT East River Road, LLC owns the former TIRO Manufacturing facility located at 5601 East River Road in Fridley Minnesota. The TIRO facility was closed and the business liquidated by the Federal Bankruptcy Court in June of 2005. The former TIRO manufacturing plant contents were sold at auction and the facility was stripped leaving an empty shell. The former TIRO facility consists of approximately 25 acres fronting I-694 and East River road with approximately 450,000 square feet of office, warehouse and manufacturing space. The existing buildings were constructed starting in 1969 with a series of additions extending through the 1980s. The buildings are of slab on grade construction with masonry and steel sided walls with steel decked roofs covered with built-up roofing. The facility is not readily amenable to use by other manufacturing operations and would require significant retrofitting and renovation to make the building energy efficient and suitable for reuse. Economic analysis indicates the best and highest use for the site is conversion from industrial to retail/commercial use. The site is located at the intersection of East River Road and I-694 adjacent to the interstate access ramps. Approximately 175,000 cars per day pass the site which has high visibility from I-694. JLT has applied for a rezoning (ZOA #OS-03) to allow construction of commercial/retail space. The concept plans submitted indicate the project could support retail construction of approximately 280,000 square feet. Final plans will be reviewed as ZOA #OS-03 continues per Council direction given on September 12, 2005. JLT indicates conversion to commercial/retail would result in an increase in the tax base and increased employment. Demolition or reuse of the site would require a significant asbestos abatement effort. The interior of the office building is fireproofed on the first floor ceiling decks and the plant areas contain significant quantities of asbestos containing pipe insulation. Asbestos abatement costs are estimated at approximately $412,000 based on an asbestos survey completed in October 2005. The site owner has already completed a hazardous waste removal proj ect to address approximately 50 tons of hazardous and process related materials abandoned on the site by TIRO. The owner has also drained, cleaned, and removed all of the abandoned process tanks, storage tanks, process lines, and raildock lines associated with the former TIRO operations that were abandoned on site. This Tax Base Revitalization Account grant request to the Metropolitan Council is specifically for funding to assist in removing the asbestos containing materials from within the building that limit potential reuse of the structure and prevent demolition for redevelopment. � � CffY OF FRIDLEY T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2005 NUISANCE ABATEMENT DATE: October 20, 2005 Attached you will find the final assessment roll for the 2005 Nuisance Abatement along with the Resolution to adopt the assessment. The assessment includes 3 properties at a cost of $4,598.44. The assessment will be certified for 1 year at an interest rate of 6.5%. RDP/gt Attachment RESOLUTION NO. 2005 RESOLUTION ADOPTING ASSESSMENT FOR 2005 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all obj ections to the proposed assessment for the 2005 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK ASSESSMENT ROLL FOR 2005 NUISANCE ABATEMENT Name PIN No. Actual Assessment Rachel E. Lyga 15-30-24-42-0041 $ 3,070.31 122 63 lh Way Fridley, MN 55432 Atif Soussi and/or Mohamad J. 15-30-24-14-0001 $ 1,268.75 Amro 59 Rice Creek Way Fridley, MN 55432 Option One Mortgage 15-30-24-42-0016 $ 259.38 Kirk-DBRE #1003224746 6501 Irvin Center Drive Irvin, CA 92618 RE: 6418 Riverview Terr � � CffY OF FRIDLEI' T0: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2005 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2005 STREET IMPROVEMENT PROJECT NO. ST. 2005-1 DATE: October 20, 2005 Attached you will find the final assessment roll for the 2005 Street Improvement Proj ect No. St. 2005-1 along with the Resolution to adopt the assessment. This proj ect included 317 properties. The assessment will be for 10 years at a rate of 6.5%. RDP/gt Attachment RESOLUTION NO. -2005 RESOLUTION ADOPTING ASSESSMENT FOR THE 2005 STREET IMPROVEMENT PROJECT NO. 2005-1 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2005 Street Improvement Project No. 2005-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � L!) O O N E � z i.% W ti 0 a a E z W � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a w a O CO O � N O� v'� � O � O O O� O� v'� N ftl �i "'� N 0�1 � 0�1 � O N N � N M 01 � V� F N ~ M ~ M � � ~ y 69 69 69 69 69 69 � � � � � � � � � O O� � �' � � l� � N � O O� A N � � � �i ��' � °o °o °o °o � °o � � � �. � � � o�, o�, o�, °�n° o Vai N 0 N 01 N N 01 � V� �� 69 � 69 69 � 69 69 � s. o 0 0 0 � o � ,O �„ O � N N M �O O� "� N M O l� l� l� v'� � N � p. �'„ �O � � � M � �O � N N O M M O v'� v'� � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� n o 0 0 � o cS � � � � � � � � 0 � � �n co o, o � cv 0 Z °o °o °o °o °o °o °o Z M M M M � � � a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � w ¢ � � W � ��Z o�Z N v �i N �i N ��i N �� N O� N �� N '� W-7-�M � H� P-I�,� ��,� �� U� I-�-IU� � � � � Q `� `n O `� `n d `� `n � Z `n � Z `n W Z `n � z � � � H � � � � � � � � O � � O � � O � wz�" '-'�ZpW Q�W ��.,OW ��W �� W ��W �xa �" rxa ¢�rxa �arxa �wa y�wa r�wa --�q P�� ; Q �oQ �woQ ��Q ��Q �oQ �N�w ��°w �°�w �00w � ow c7 ow � ow � � � 0 � ro P� �--i L!') O O N E � z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � a a a � �N VN'� � O 0�0 � VN'� � M 01 01 �--i � V� 01 O� N O� M �--� N � � N M N � CO N � O E-� N r-i � r-i r-i r-i r-i v-; y 69 69 69 69 69 69 69 � � � N l� O � � M M V� � � �O �--� O M M CO y N CO CO V� A y 69 � 69 �i ��' y+ � o o � o o�o � o ftl � �" W M M l� �--� � V� 01 o, o, �o M ,� �v �o V N N 0 M M �O CO N � � �� 69 69 � 69 69 69 69 Ef-? ,o y� c�y c�y � � oMO o 0 '� N CO CO � M N N l� N�i �. .�i, � � 01 O �O CO N � N � � �O 01 N � V� � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 w �'`�� N M 01 �--i CO N o �, o � � � � � � � � � � r" 0 � M � V� �O l� CO 01 O '-7-' O O O O O O O "7'"' N N N N N N N 0.�i � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � � o a o �� z � Q � � �� W�� a�� W�� z�� "� � �"� ��"� o�� "� �"� ��"� � �o� � o� �o� �x� �o� �o� �o� ¢ ��w ��w ��W z�W o�W ��W ��W �� w a a� w a p w a �� Q �� Q �� Q �� Q 0 Q � Q pa cv Q ,�w� a0°w� W °w� ��w� �w� ��w� w��w� �oow �C7oow i�oow 0. oow �oow E-�oow aoow � � � 0 N � � P� rl ui 0 0 N E � z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W N N �i � a � z � � � a a a � O 0�0 vM'� � l� � � N O N v�'� O�i O � O O� N N N N � M l� E N r-i r-i r-i r-i ,� ,� � � � � � � � � � � � � � � � � � O � y N � AN � N � � ��' � o 000o v`�'-� � � �°o. °o �. � �� o � o c�v � o`v, o � � V m N 0 N N N N � M N N �' �� 69 69 69 69 69 69 69 Ef-? ,o �, v`�'-� c�y o ° ° o�OO o "� N 01 M � M M l� M a� � �. � � � O � �o N �o � N N N M M � � N � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� N � � � �, � � � � � � � � � � 0 � o � cv r, � �n �o 0 M M M M M M M '-7-' O O O O O O O "7'"' N N N N N N N 0.�i � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 x � c� W � � o �� }�.i � � M � � M ti � M � � M O � M � � M � � M ^� � � f-' � � � � W � � � � Z v�-� �" Z v�-� ��-, Z v�-� � Z v�-� P-� ',� v�-� �3 ',� V� �',� V� �o� �o� �o� �o� �o� ozo� �o� �� a�� W�� wp�� W �3�W ��W �W ��W ��W �W ��Q z�Q ��Q ��Q �� z�� z�� o�� o�� o°� �o� xox oox �ox rx�ow ti�ow rx�ow w�ow w�ow titi�ow Q�ow � � � 0 M � � a � � 0 0 N E � z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W N N �i � a � z � � � a a a � � � l� O � O � � �O �O O O� O � �O � 01 CO l� M � M N y � � � � � � � E y � 69 69 69 69 69 � � � � � O � M �� o y v, o, o, A N � � � ��' � � � � °o °o o � i� � ¢• -�" �o � o o; o � �o 01 01 l� M N M N V N N 0 � � � � � � � �� 69 69 69 69 69 � Ef-? s+ M O� � O O v'� v'� w,, � � � � o � N N�i �. .�y M V� M 01 CO 01 �O � N O v'� �O v'� �O �O O� � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 w �'`�� N � � N � � cS �o �n o o � �o o, o, o, o o �n � � � 0 � � co o, o � cv r� 0 M M M � � � � '-7-' O O O O O O O "7'"' N N N N N N N 0.�i � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � � � � � x� � � � � w � �� a�� a �� x � v� Z `n � � `n � � `n W � `n � � `n W � `n � � `n �� Q� � � a�� a�� E"�� Q�� W � � W � � W � � W � � W � W � � W zwa rxa rxa Wrxa rxa Qrxa rx rxa �o� U�� 0°,�°� U°o� �o� wwo� oow �oow v�oow r�oow �oow i�oow alloow � � � 0 � � ro P� � ui 0 0 N E � z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � � a w a � O O O N � O � N � � � � O � � O � � � � � � � � E-� N ,� ,� ,� M �O ,� ,� y 69 69 69 69 69 69 69 � y' � O l� � � N N 01 M y n �o cv A N ~ � N � � � ��' � o 0 0 0 0 0 � �. � � �o � � � � � � � � V N N 0 � � � � � � � N �' �� 69 69 69 69 69 69 69 Ef-? w �, � � � � � � � N �i �.�y M M M M M M �--� � � � � � � � � � � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� o, o, o, o, o, o, o � r" 0 � 0 � Z °o °o °o °o °o °o °o Z c�v c�v c�v c�v c�v c�v c�v a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � a ¢� � � N � � � z N � � � � �v � �v � �v w �v � �v �v Z �v � d � � U � � � � � a � � � � � � � � W � � � � � � � � � � � � � � � � � ti � � � � � Q � � � U � � � � � � � � � � a � � � � x a x W�a ��a Q�a E��a ��a �,�a ��a v��°oQ �°Q -��-°Q �c�nvQ �WZMQ Q�Q axo Q � ow � ow ti ow � ow �7,..�� ow � ow ��i ow � � � 0 � � � P� rl � 0 0 N E � 0 z � W � 0 a a E z W � W � a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a a a � M l� O O � O � CO O� � O O � � �C CO �O CO CO CO �O N ftl �i �I'� 01 �--� V'� V'� l� V'� O N � M � � � � �O E y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y � � o o`r', � °o °o � ° a� � � �� i � � � � � � � V N N 0 � M � � � � �O � �� 69 69 69 69 69 69 69 Ef-? s. � � � o o �o co „o ,, � � �n �o �o � �o '� N �o c�i � vi vi � l� N '�.�. �. �i, � v� l� � � cn � � N �n � � �n �n �n l � �, d� � � � � � � � r-i . N a0 O 59 59 59 59 59 59 59 w �'`�� o c`�'v � � � � � � � � � o � r" 0 � � cv cn � �n �o l p �n �n �n �n �n �n �n '-7-' O O O O O O O "7'"' N N N N N N N 0.�i � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 z o � W x o o � � � � N � Q Q a; � �v �v �v �v � �v �v �v � �� z�� °�� o�� W�� x� �x� �x� �x� >x� ox� �x� Qx� �x� �x� �x� ax� �x� �U� ��w ��w ��w ��w ��w ��w ��w xa �xa xa xa xa zxa xxa z z�Q �Q a�Q �Q � ow P..; ow � ow � ow Q ow �¢ ow � ow � � � 0 � � � P� rl � 0 0 N E � z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a a a CO � � O O O O � � l� l� O O O O � � � � � � � � � � � � � � � � N � � � N N N N F � � � � � � � � �--I �--I �--I �--I �--I �--I �--I y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y �� l� l� O O O O � � � � o � � ° � � o�, o�, o�, o�, V� N 0 V� 01 l N N N N �� 69 69 69 69 69 69 69 Ef-? w� � � � o 0 0 0 m � �.� ° M � � � � � � N �O O CO M M M M � �y d' �i �--� C�l �--� �--� �--� �--� �--� . N a0 O 59 59 59 59 59 59 59 w �'`�� cv l �n � � � � � ° o ° ° ° ° � � � 0 � CO 01 N M � V� �O 0 v'� v'� O O O O O '-7-' O O O O O O O Z � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 Q w v� � � x x � > �a � N � j3� � � -�-� �O � � M � �-T-� M � � M � V'� �[�] � M � � M � � � �i ��V� d'`"V� wQ V� v�Z`�' �iQ�, �Q� W� V� � a � � � � i � o� x � � x � U O � � � � � O � � O � � W -��, � � � H � �" -�-� � � N t-� � � � � � � � � � a ��w ��w �w x�,� ��w q�w aa� Wrxa W rxa �wa Z� �wa pwa Zoo Q W � Q � �W �~w' �°~w' ao�o~w' po�',� �o�o~w' �o�ow' �r� a�ow rx�ow c��w ti� �w �w ti�� 0 � � � P� � L!) O O N E � O z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a a a � M O �O O O O O � N V� � V� V� V� V� O � N � � � � � w O� N �--� N N N N F N � �--i � �--i �--i �--i �--i y 69 69 69 69 69 69 69 � 'y' � M �O � � y � � � A N � � �i �� o 0 0 0 0 0 0 � o 0 0 0 0 0 0 � � �� V ai N 0 N N N N N N N N �' �� 69 69 69 69 69 69 69 Ef-? ,o �, ° o 0 0 0 0 0 "� N l� M M M M M M a� � �� N M N N N N N N � �, d� � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� 0 � � co o, o � cv r� p o 0 0 Z o 0 0 0 0 0 0 Z ° ° ° ° ° ° ° M M M M M M M � N N N N N N N O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 x �a � � o � � � � N � � a � � � � � � ~ � � � � '��N Q�N W�N ��N �N ��N ,� �N � ��n ��n d�n Q�n �n CW7�n x �n � �O� �O� ti0� x0� F"O� �O� ~r�" O� �O� WzO� �30� �O� ��..,0� �O� ¢ O� W�y., ��y., ,��y., ��y., x�y., d�� i �� w W�w W�w ��w ��w ��w �z�w ¢�wa wa Uwa �wa wa �wa �wa ��oQ �oQ �cvQ Z�oQ �coQ �cvQ rjp�Q �lo�oP,' �o�oP,' a'o�oP,' �o�oP,' �o�'oP,' o�'oP,' �P,'o�oP,' w�w c��w a�w z�w �w c��w Qa�w � � � 0 � � � � a rl � 0 0 N E � z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a a a � O O O O O O O � � � � � � � � � �--� �--� �--� �--� �--� �--� � N N N N N N N N F � � � � � � � � �--I �--I �--I �--I �--I �--I �--I y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y ��' � °o °o °o °o °o °o °o i� �¢• �" �o v-� v-� v-� v-� v-� v-� � � � � � � � V ai N 0 N N N N N N N N �' �� 69 69 69 69 69 69 69 Ef-? ,o �, ° o 0 0 0 0 0 "� N l� M M M M M M a� � �� N M N N N N N N � �, d� � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� 0 � � �n �o � co o, o o N Z o 0 0 0 0 0 0 Z ° ° ° ° ° ° ° M M M M M M M � N N N N N N N O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � � � x � � z � o� � � �� a� � �� a �� W � � � � � ¢ � � �� z�� a�� WW �WW �WW zWW WW �WW �WW �� Q �� o�� z�� M � � � � � � � � � W o� o�o� �a o� � o� '—' o�OO� �o�o� Wo�o� a�w c��w i�v��w i��w ��w E-��w v��w � � � 0 � � � � a �--i L!') O O N E � z Z.% W ti 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a a a � O � M O �O CO N � �O � N CO l� � O O� �O �O v'� O �O CO � m N � � � �O O � E-� N '—' '—' � � �o v-i l� y 69 69 69 69 69 69 69 � y' � M O CO l� yC � CO l� M N O CO � � A N � � � � �i ��' � °o ° °o °o o °o � � �� o � � � � � � � � V m N 0 N � � � � M � � N�� 69 69 ~ 69 69 69 69 � � 69 ,o �, ° �°o. �°o. �°o. � ° o '� N l l v-� v-� v-� � c�i N� p. � � O � � l� M � � N M N V� V� � � V� � �y d' �i �--i �--i �--� �--� �--� �--� C�l . N a0 O 59 59 59 59 59 59 59 w �'`�� --� M l� � � � � � � � � � � � � r" 0 � � M � �n �o � � 0 Z °o °o °o °o °o °o °o Z � � � � � � � M M M M M M M � N N N N N N N O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � z 0 ¢ � � � �Z W W� � Wz � �Z � �Z x �Z v O�� Z�� w�� r� �� w�� `nZ� �lQ� � �� W�� p� �� Z �� Q � Q � � � a � 5�� 3�� 3Qd� � d� �d� ��W W�W E-��W �� W W'�a W QW�a W ��W �aa W�wa W�wa zwa ��wa �wa �wa ��Q ��Q p�ZA"Q rjaQ �,�P�Q � P�Q rjP�Q r�;cor�; �cor�; �'—'cnr�; ��r�; ��nr�; '—'��or�; �°r�; w�w Q�w rx�Mw Mw tixMw ��Mw QMw � � � 0 0 �--i � ro P� � � 0 0 N E � O z i.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W � � � � a � z � � a a a O O � M N � � O O O O� N � N itl �, o�i o�i N m � � O N N N �O N � M E-� N ,� ,� � ,� � ,� y 69 69 69 69 69 69 � � � � O � � O CO � � �--i M M O y �, M M A N � � � �� o 0 o c� cv � � o 0 0 0, � � �� u. � o�, o�, o�, M � � Vai N 0 N N N N � M N �' �� 69 69 69 69 69 69 Ef-? s. o 0 0 � �o � w ,, N N N � � � '� N l� l� l� M l� CO N � �. � � � � CO CO N � N M M M N �--� � � �y d� �i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 w �'`�� M N � N � � � ° ° ° � ° � � 0 � N M � V� �O l� 0 � � � � � � '-7-' O O O O O O Z � � � � � � M M M M M M � N N N N N N O O O O O O M M M M M M M M M M M M 0 0 0 0 0 0 � � � �� Z � �Z w �Z x �Z z �Z � ¢ w 'r, � � }�.i v � M � � M N� M � � M U � M �'� M � � Z � � Z � � Z � � Z � � Z � U O � � O � � Q O � Q O � � � O � � O � � � � � ��-, [� � � � � � � � � � W � � � � � � � � ~ � W � QI � � ^� QI � � QI � � � QI � � � QI � �y � � O�Ni� ��,�i� Wcoi� PW"xOi� ��i� f��i� o�'o P-�' � o�o P-�' � o�'o P-�' E-� U o�'o P-�' o�o P-�' �' o�'o P-�' rxx�w �a�w ��w v�v��w tix�w ��,w � � � 0 � � ro P� rl � 0 0 N E � z i.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � � a a a � O O O O O O O N � � � � � � �N 0� N N N N N N � E y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y ��' � °o °o °o °o °o °o 0 ��. � o�°, o�°, o�°, o�°, o�°, o�°, ° Vai N 0 N N N N N N � N �' �� 69 69 69 69 69 69 69 Ef-? w� o 0 0 0 0 0 � � a� � � � � � � � a� � �� N M M M M M M � � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� 0 � N M � V� �O l� CO � O O O O O O O '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 z � 5 �� o� x�a ��Z � �Z x� � ^ � � � � M � �y O � � M� W � M V] a � � � M � M � ✓ p � Z � � y� � � ��v�-� �Wv`�'-, �Qv�-� '-�a qv�-� W� �3 qv�-� Wqv�-� �� `�z�� w �� w �°x�w W�z �w�w ��w zwa ,,.,� c7wa �, wa �W �,�wa Wwa Oo,Q Z,�p Z,�Q D�c,-,� �� Z�co� v�o� ti�w ��,d >�w �c��w �� w ��w � � � 0 cv � � ro P� � � 0 0 N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � a a a N O O O O M � � � O O O �O N v'� N ftl �i "'� � � 0�1 0�0 N � O N � M M N �--� N � E y 69 69 69 69 69 69 69 � � � M 01 � � M N � � � v-� � � y a, o, cv A N � � � �� O� O O O O M N �C�� O O O O �O N N � N p� �N � � � ONO N 0�0 V � N 0 � M M N �--� N N �� 69 69 69 69 69 69 69 Ef-? ,o �, � ° ° ° M �°o � '� N �o � � l o� c�i o� N�i �. .�'i, l� M M � N l� M � N � � � M N N M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� 0 � o °� N N N N N N Z °o °o °o °o °o °o °o � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 � � °x � � � � �� z � � � � M � �� , ��N � �,N ��,N ��,N �� a N N a� �� W�� w�� N�� p� �O� �O� � Qpv� O O � d`�� x�� aHQ Q�� Z��'y � d ��'y � W ��'y � � Z � a� � � � r"joa,Q Z��Q ��Q ��Q �c�"v0 �`�Q ��Q � oNO �! p�) � f�! � o�, f�! � o�o f�! �� W o f�! �� f�! �w tiO�vw Q�w w�w �o,U v��w w�w � � � 0 M �--i � ro P� � L!) O O N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � a a a � � � � � N �O � N � itl �. � N � � �O � N O N � � O M � M M E-� N '~ M �O �--� �--� � �--� y 69 69 69 69 69 69 69 � � � 01 M �O � � � � � N l� � y � � � � A N � � � �i � � � � v�-� � c�v, o�o ° N � �" � � � O � � �O O N V � N 0 � � � M � V� M �� 69 69 69 69 69 69 69 Ef-? ,o �, °,�° o°,,. � � o�, � o � a� � � � � � � � N� p. � l �n cv cv � �o l � N � � V� � V� V� M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� o o� cv � � �o � �n � N � � � � �o o � o c� � � � � � � � � � 0 � � co o, o � cv r� 0 Z °o °o °o °o °o °o °o � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 o � � w o�Z �Z W�Z W�Z W �Z �Z �Z c7 � � �, � 'ar, � x � � � N v � � � � � � a � � � � � � � � � � � � � �O� r�;0� c.W70� �a'p� � p� Zp� W p� W � � � � � � � � � � � � � Q � � a � � Q�7� ��7� �C7� C7�, v�C7 aC7 �C7 Z� Q Q� Q �� a �� a Z�� a U� a �3 � a U �U U Do�'o� W o�i� �� OM� '�',y�� 7,n� W o� Q�w �a�w rx�,w rx�,w �3�,w tiNw � °w � � � 0 � � � ro P� rl ui 0 0 N E � 0 z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W � � �i � a � z � � a a a M � � O O O� �O � 01 M O CO � M l� N � O O� � N � 0�0 CO 0 v�i �O � N �O V'� �O � E-� N r-i ,� � r-i ,� r-i ,� y 69 69 69 69 69 69 69 � y+ � v'� � � � y � � Ay N N � � �" � 01 M N CO � 01 �O �C � � � N p� O O� 0�0 N � 0�0 CO V N N 0 � � � � � � � N �' �� 69 69 69 69 69 69 69 Ef-? �O yy M v'� O� O v'� O � '� N co l� o� � o� � c�i N � p. � �o �n �n o� O �n � � N �O �n c0 �O �O l �n �.�, d' � r-i � � r-i r-i r-i � . N a0 O 59 59 59 59 59 59 59 w �'`�� o � � � °n° � � � o; cS o o vi � � o, o, � o o, o o, � � � � 0 � � �n �o � co o, o 0 M M M M M M � '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M M M M M M M M 0 0 0 0 0 0 0 a N Q � w �� N � � �¢ ¢ �¢ �¢ o � � ° z � �3�,1 3�,1 �3�,1 }�.i � '� M � '� M � Q � M �I M W �I M � �I M '� � Q � a Q � � Q � � Q � Q � � O � � � 0 � � �� W�� "�� a x� �� w�� w z��W w�ow �ow wow W�� o�� o�� z��Q ��Q o�Q �Q �a w � a�w aa°�w w��w �a�w �00w � °w v��w � � � 0 � � � ro a �--i L!') O O N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W N N �i � a � z � � a a a CO CO N O� N O� N � N M CO O O� v'� l� � � CO N M O� �--� O � O� O� V'� �O N �--� � N M 01 �--� V� N �--� V� E-� N '~ � M �--i �--i V� �O y 69 69 N 69 69 69 69 � � � � CO 01 � N � � l� �O N � � � � � � � M � V� �--� y N �--� Ol CO N A N � N � � �i � �� CO O M O� N v'� O � y+ N �O �--� O O� M M � C �. F4 � O� r-i M O� �p � '� N 0� � V� V� V� �p �p 01 V � N 0 M CO N V� N N N �� 69 69 69 69 69 69 69 Ef-? ,O �„ � O v'� � O � M m � �.� o�, M °o � o � � � N M 01 M �O M M M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� CO 01 M l� 01 l� �--� o, � N co M � � � � � � � � � � � r" 0 � � cv r, o �o � co 0 Z °o °o °o °o °o °o °o � M M M �--� N N N � � � �--� �--� �--� �--� P. � � � � � � � O O O O O O O M M M M M M M M M M O O O O 0 0 0 � � � � z � � � a �� o o � � U N � �I M � � M � � M � � M � � M w M � � M S�i � W I�i "�� O � H � � H � � a � � � � � � � � � � � � Q � �� a � � � � � � � Wow �ww �ww �o�w ��w ��w ow�w �a �aa �aa � �a x�a ��a � �a MQ �°oQ �°oQ a�oQ FW-'�Q Z�Q '-a��Q ��w ��w ��w 33°w a�w Q�w �¢v� °w � � � 0 � �--i � ro P� � � 0 0 N E � O z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a w a � 0�0 N 0�0 � ONO l� � � �--� N l� O� � �--� O � � � � � � � � N V� �O 01 01 l� V� CO E-� N . . . y 69 69 69 69 69 69 69 � 'y' � OM CO l� M ON l� l� �O M �O y � � o cMn � ° A �' � � � � � � � � ° c"'v °o � ° � � °' a � �� o � � o`vo s°� � o o � V � N 0 � � � � � � �� 69 � 69 69 69 69 Ef-? ,o �, v�O-� ° o o�'o � o � '� a� co co o � r� � � N� u. � � co c� �n �o �o 0 � N O� l� O � � v'� � � d' � � N N � � � . N a0 O 59 59 59 59 59 59 w �'`�� o cv � co � � N �, �, � � � � N � � � � � � � 0 � � cv cn �o l co o� p N N N N Z O O O O O O O Z O O O O O O O � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � � � � 0 N �N z�N �N �w�N �N x�N o�N }�.i Z M M '�..� M � M M � M � M � °�� Q�� p�� z�� a�� z �� a � 3 �� 3Q� �� °�� 5�Q �"�Q 5�Q �"oQ �'�Q w�Q ��Q �� p � � ,� i"i -�-� p � � � � [� p� � � � � l� P� V'� P� V'� P� Q�O P� �--� P� W N P� M P� Q�w ��w Q�w ti�w ��w a�w a�w � � � 0 � � � ro a � � 0 0 N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W N N �i � a � z � � a a a � M 01 CO � O �O M � � � ov', o � � o � o�o O N N CO �--� l� M M l� E-� N "'� V� � M ,� ,� ,� y 69 69 69 69 69 69 69 � � � O� N � � � � � � � � � � � � �O N y ai v-� oo � A �' � � � � �" � M M M M � �O M � � � �� O� O� O� O� O M CO V N N 0 N N N N M M l� � �� 69 69 69 69 69 69 69 Ef-? w �, �i �i �i �i � � o�, � a� � � � � � � � a� � �� N M M M M M M CO � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� o �o �o �o � cn 01 01 01 01 V� V� M � � � � � � � � � r" 0 � o � cv r� � co o, 0 M M M M M M M '-7-' O O O O O O O Z N N N N N N N � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � � � z � w � � � � a � � Q � w z � [�jZ], }�.i � � M � � M � � M L� � M � � M � '" M � � M ^� � � � � [� � � � W � � � � � � � � � � � � � � � � � � � � � � � � � °'� � �' � � �' U V� � �' � � �' °'� � �' 0 � P�" �' °� r� �' � � °'� j� � � �� a x� a �� a � U a � U a W W a �� a o�� za'�� Z�� o� �a�� rx ° w rx � w a � � w �a � w � � w � � � w � � w � � � 0 � � N ro P� rl ui 0 0 N E � O z Z.% W � 0 a a E z W � W 0 a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a w a a l� �O O � M � � � O O CO N v'� � v'� O� � v'� � O � �O � � � �O O E� N � � � � y 69 69 69 69 69 69 � � � � � � � y � o AN � N � � � �• o �o o � c� � � o 0 o co cv �n �� u. � � o; � v i � o `r' � o�, o�o � o U � N O � � � N �' � � � � � 69 69 � 69 Ef-? s+ � v'� O � M O� „o ,, ,� ,� co M �o �o � a�i ¢" �" � c`OV o o�O, � � � � � . � a�o o � � � � � � W a,�� N M ° ° � o � � � � � � � 0 � 0 �--� M V� '-7-' O O O O O O Z N N N N N N � � � � � � 0.�i � � � � � � O O O O O O M M M M M M O O O O O O � � � � � � 0 z � � ti N y� O '—' }�.i � � M � � M �..i � M � M � W7 M W � M �i � � � � � � � � � � � � � � � � � � o�� Q �� o�� z �� W�� °�� o� �� wz�w �¢� °w �x�w ��w ao w ��w � � � 0 � � � ro a rl ui 0 0 N E � O z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a a a � � � O � vN'� � O � O V� N �O O� � M i� �. �O M v'� � O CO � O N N l �O v'� v'� v'� �O E-� N � ,� ,� ,� ,� ,� ,� y 69 69 69 69 69 69 69 � � � � � � � � � � � � N � A y N N � � � � �n � co � cv cv o � cv �o 0 0, �n ,� cv ftl �¢" �" M v� N �O O� �--� M � y p� �O M v'� � O CO � V � N 0 � � � � � � � �� 69 69 69 69 69 69 69 Ef-? �O y,� 01 N M 01 �--i � 01 '� N CO � l� �O 01 M �O N� p. �, N O � l� �O � l� � N l c0 l �n �n �O �O � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� -�" o 0 0 � � � � � � � � 0 � �o � co o, o � cv 0 Z °o °o °o °o °o °o °o Z cv cv cv cv cv cv cv � � � � � � � a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M O O O O O O O � � � � � � � � o o � w � � y, � ¢� W � a a � � � � a a � � � w� �, o W }�.i � � M �y � M � � M �-I � M � � M � � M � � M "� � � � � � � W � � W � V� W � V� � � V� Q � V� �i � � � � � � � � � � � a � � � � � � � � � �� N �� ° �a o��W ��W ��W �'�W °W�W ��W �� o�� a�a�w ��w � °w ti °w ��w �� °w ��w � � � 0 0 cv � ro a rl ui 0 0 N E � O z Z.% W � 0 a a E z W � W y a a � � E W W a E � a w a a O a E z w � � N W N N �i � a � z � � � a a a CO O O �O O� l� CO � O O O O M l� O� � CO O O � M � CO � l� N N O l� l� O O ai CO �O �O � � � �O E-� N � r-i r-i cy ,� ,� r-i y 69 69 69 69 69 69 69 � � � � � � O � � � � y y cv AN � N � � �� o 0 0 �o o, � co �� o 0 0 o c� � o, i� � o 0 0 � c� � co � N O� N N N O l� l� O V N N 0 � � � � � � � N �' �� 69 69 69 � 69 69 69 Ef-? s. o 0 o co o � �n ,o �, o 0 0 � �o o, �n m� p. � o�o o�o o�o o�o c�n c°�v � � N �O �O �O � V� V� �O ��, d' � r-i r-i r-i cy � � r-i . N a0 O 59 59 59 59 59 59 59 w �'`�� co �n �n cv CO 01 CO M �" O O O N O� O� O� � � � � � 0 � M � V� �O �--� N M 0 � � � � � � � '-7-' O O O O O O O Z N N N N N N N � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � � � °� a o W o � °� ¢ o �� x � �� z z z�j¢ � ¢ �¢ }�.i � � M � '" M � � M � M Q '� M � '� M G� '� M � �� V� ~� V� �y � V� W� V� � 0 V� � 0 V� � 0 V� �i _N � � � � � C/� � � � � V� � Q V� _N Q V� _y Q V� �� a�� x �� a�� W�� Q�� z�� W W� W z W W W W W UNQ ��Q ��Q a�Q �oQ ��oQ �oQ ��w x�w cW7°w ¢�o°,w �Nw ��Nw �°iw � � � 0 v N ro a N ui 0 0 N E � O z Z.% W � 0 a a E z w � W y a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a a a CO � � O O � O � O CO � O� V� � l� � CO l� V'� l� l� CO � �O CO CO O N �O N � N V� � CO V� N �O �O E-� N `� r-i �p r-i cy r-i r-i y 69 69 69 69 69 69 69 � � � N � � � � � l� O y � � � A y M V� N � � � � � � � o � o � o °' a � �� 0 � ° o�o o�, o c�v � c�v V m N 0 �O � M V� N �O �O N �' �� 69 69 69 69 � 69 69 Ef-? iO y,� � V� V� � � M CO a� a�i �" �"" � � � ° M � � � � � � � � � � � � � � � � N � � . N a0 O 59 59 59 59 59 59 59 w �'`�� o � o o � �, N � o � � � M o 0 � � � � � 0 � � �n �o l � cv cn O '-7-' O O O O O O O Z N N N N N N N � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � a � z �Z z �Z � �Z � �Z � �Z W �Z �Z ti ¢ �¢ �¢ ¢ �¢ � ¢ ¢ � � �M ��N ¢�N ��N ��N w �N � �N � W O� �O� �O� �O� �O� � O� � O� O�' O�' �O�' �O�' O�' O�' O�' a � � � � �� Q�� a �� Q�� ow How �ow Wow ow w ow �ow ��a �a �a Q�a � �a �z�a d�o°,or~i'w x or~i'w ��r~i'w ��r~i'w �o°or~i'w ��°or~i'w wW°r~i'w a �,w ��,w 3�,w a�,w Q�,w �a�,w ¢�a�,w � � � 0 cv N � ro a � ui 0 0 N E � 0 z Z.% W � 0 a a E z W � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � � a a a � O� v'� � O O� O � M N O� V� CO CO � N � N � � N N N O � l �O �O O� O �O �O E-� N r-i r-i r-i � M r-i r-i y 69 69 69 69 69 69 69 � � � V'� � � � � � � � M � y � � � A �' M ~ N � � � �" � M N O� O � CO � �C � � � N p� � N �M N CO N N V m N 0 l �O �O � N �O �O N �' �� 69 69 69 69 69 69 69 Ef-? s. � co 0 0 �o � � ,o �, � �n � cv o o �n '� N ,� ,� cn � � co � a� ��. � � o, o � r� co co � N CO �O l� � M �O �O � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� V� V� l� N N � �--� �n � � � N N N -�" o °o 0 0�0 � °o °o � � � � � � 0 � 0 V� M V� '-7-' O O O O O O O � N N N N M M M �--i �--i �--i �--i �--i �--i �--i � � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � z � � 3 x � � ¢ � ¢ ¢ ¢ ¢ � �Z � �Z �Z y � � � � � � �I M �I M � �I M � � � � � � W � � � � '� w p� �p� �p� �p� f�� O � � O � � O � W O � � � � Z � � Z � � �z � � � � � � � � � � � o � �� z�� oW WoW oW �oW �W �W �W �D�Q ��Q �Q ��Q OHQ ��HQ �HQ � � � � � � � ��o°ow W�°ow �w Mw ow �w vw �w 3�w 3�w ��w ��w �x�w ��w � � � 0 M N � ro a rl � 0 0 N E � 0 z Z.% W � 0 a a E z W � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � � a w a � O l� � l� V� �O � CO CO M 01 l� V� �O N �� 01 O 01 CO M M M O N V� M � � �O �O �O E-� N '—' cy ,� ,� ,� ,� ,� y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y �" � CO CO M 01 l� V� �O � � � ftl � l� 01 �--� CO M V'� l� 01 O 01 CO M M M V N N 0 V� M � � �O �O �O N �' �� 69 � 69 69 69 69 69 Ef-? s. c� v-� o, �o � � �o 40 y,� 01 O N l� M �--� M '� a� o � o � co o cS a� ��. � �o o �n � o, o 0 � a� � � � � � � � � �, d� � ,� N ,� ,� ,� ,� ,� . N a0 O 59 59 59 59 59 59 59 w �'`�� M CO �O �--� V� �O 01 � � o � � � o � co cS cS � o o � o, � o, o, o 0 0 � � � � � 0 � � co o, o � cv r� p o 0 0 Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 � M M M M M M M �--i �--i �--i �--i �--i �--i �--i � � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � 0 o z � 5 � � W W� �� a� �a� � �� z� �, �oN ��N °�N Qz� ��N y,�N w�N }.i � � M (� � M � M � � � M � M W � M �i F ". � � C"'� � � � V � 0 � � � � � � � � � V � �� o� �� a ��a �a Q�o �� Q�� O�Q o�Q ��Q �oq �oQ �oQ �oQ z00w z°°w 3°w ��d ��w H�w Q�w � � � 0 � N � ro a � � 0 0 N E � 0 z i.% W � 0 a a E z W � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � � a a a CO V� �O l� M M M � l� v'� O N � M � � 01 V� 01 CO M �--� � � CO N CO O� CO �O � N M 01 � �--� �--� � Vl F N '~ � � �--i �--i �--i �--i y 69 69 69 69 69 69 69 � �+ �" � ~ � � M � �--� M y � � M A N � � � �� CO 01 V� l� M M M � l� �--� �O N �--� M � � C¢• �4 p; � O 0�0 � CO � F Vai N 0 M N � � � � V� N �' �� 69 69 69 69 69 69 69 Ef-? s. ,� �o c� ,� � v-� � „o ,, ,� ,� M �v �v co �v "� N M N O� v'� O O� �O N�i �. �i, O �O � M � M N � N � N � N N V� �O � �, d� � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� M 01 N M �O � V� � M � � M M � � � � � � � � � � 0 � � �n co o, o � �n ° o 0 0 0 0 0 0 Z o 0 0 0 0 0 0 � M M M M M M M �--i �--i �--i �--i �--i �--i �--i � � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � a W �� o� � � � � �N � � � � � � � ��I � � � I-ti C'J C'J � C'J C'J W C'J C'J C'J � �,,/ � � � � � � � � � � � � � rT1 � � � � W W V� � W V� � W V� � W/�-, V� � W/�-, V� CG W/�-, V� �� V� � � � � � � � � � � � V � � V � j� V � � a � QA 9 W � ^ � � ' ' � W � � � � � � � � � � � � � � v � � �� I/-�� O� I/-�� O � I/-�� I/-�� y O� I-� �� I-� W O I-� H I—I � H I—I � H I—I � H I—I "C� � H Q I-� H Q U�1 Q ��w ��w �d °w � °w tic�7�w �00w ��w � � � � 0 � N � ro P� � L!) O O N E � 0 z Z.% W � 0 a a E z w � W y a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � a a a � � O O O v'� � � N � O � O � v0,'� OM E� N � � � � � N �O �i � � � y 69 69 69 69 69 69 69 � � � CO O � � V� M � � �o v-� � � � N � � A N � � � � s. � o cv co ,� �o �n � � � � � � � � � itl �¢" �" N O O N � � O � � � �" � �--� N �O �O V'� M U � N O � � � �' �� 69 � � 69 69 69 69 Ef-? �O y,� M O �O CO l� M CO "� � O � O v'� M v'� O� N��. � N O� �O CO � V� V� � N V� �--i M �O l� �O M � �, d' � � cy cy � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� N N � � �n M � -�" o°, ° ° °o o � o°o � � � � � 0 � 0 �--� M '-7-' O O O O O O O � M M M M M M M �--i �--i �--i �--i �--i �--i �--i � � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � � z w o W � � � � x � o � '� � a z � � wW�N W�N �W�N � W�N ��N �W�N �W�N � � � w � � �3 � � � Q � � � � � � �� P" W� �"� aN�� Z� �� Z� ��Z� �Z� �Z� �Z� �3d�.., W Z� F"�� H�� x�� c7 c7 c7 � c7 c7 '�oa �aa Woa �Hoa Woa �oa �oa z�Q �Z�Q ��Q �~�Q �a�Q ��Q ��Q ��w c.W7�w x�w ��w �00w �Nw ��,w � � � 0 � cv � ro a rl � 0 0 N E � O z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � � a a a � � N O �O O O �O N ftl �i "'� 0�1 N v � � M y M 01 �O � M M M E y 69 � 69 69 69 69 69 � 'J+ � y � a� AN "Y � � � c`r'v °o � °o °o � a� � � �. � � oN, ° �i � � c�n V N N 0 M 01 �O � M M M �� 69 � 69 69 69 69 69 Ef-? ,o �, o � o c�Oy ° ° � � a� � � � � � � N �i �,�i,i �O M CO �--� M M 01 � N M O �O v'� � � M � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� °�° c`r'v � °o °o v � � � o �; � � N co �o o co co co co � r" 0 � Z �n � cv co ,� �o l � 0 M � O �--� �--� �--� M Z O P-i O O O O O O Z OM � �M � � � � � � � 0 � � � � � � O a O O O O O O M 01 M M M M M M O� O O O O O O � N � � � � � � � o z � �z � � �� N � � � Q� � � w a� wa a �N �9aN �`r' z�N Q �N ��N � W� W N � � �N � � W � � � � � � � � � � � � � `� � � `n � � `n a � � 5 � `n � � `n � � `n � U � � ¢� � ti U � ti � O � � � �3 Z � � � � � ,��, ZZ�., Z � Qv��.., Q�� W��" w,� W �wW � w ��w � z �� a �aa � � axa �xa a dO� OO°Q O"'Q d�� `��Q O��''Q ��Q ��w rxrx�w z�w z o� ��w Q��w �Mw � � � 0 � cv � ro P� rl � 0 0 N E � 0 z � W � 0 a a E z w � W 0 a a � � E W W a E � a w a a O a E z w � � N W N N �i � a � z � � a a a M M O O O N O � �O �O O O O M O N M M 01 01 01 01 N O � M M N N N � �O E-� N ,� ,� ,� ,� ,� �y ,� y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y �� M M O O O N O �C y+ �O �O O O O M O ��" � W M M 01 01 01 01 �N V N N 0 M M N N N � �O � �� 69 69 69 69 69 69 69 Ef-? ,o � � � o 0 0 � o � � �. � o°, o°, � � � o�, o�o � N M M M M M �O �O � �y d' �i �--� �--� �--� �--� �--� C�l �--� . N a0 O 59 59 59 59 59 59 59 w �'`�� v v o � � � � � � � o � � � 0 � cv cn �o l co o� � 0 M M M M M M � '-7-' O O O O O O O Z � � � � � � � � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � z � � � w a � a � � �� Q� � � �� N �" N F" �" N �a �" N �" �" N -��- �" N �" N Z N � � � � � � � '�..i � M � M v � �� z�� ¢�� w�� w� � � �� ;�� W�� z�� rT1�� Q�� !([��y,�� z�� ~�� a � E'� � � E'� � � E'� � � E'� � � E'� � � E'� Q � M Q 3��w ��%w zNw ��°w ��w � ow Q�w � � � 0 � N � ro P� rl ui 0 0 N E � z Z.% W � 0 a a E z w � W y a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a a a � O N � O O � O� N N l� l� � � M 01 O � �O �O O � � O� V� E-� N r-i r-i cy ,� ,� M ,� y 69 69 69 69 69 69 69 � � � O � � � � y � � A y N N � � ��' � °o c�v � °o °o °o � �. � �� O � o � � o�o o�o o�o � V m N 0 �O �O O � � � v'� N �' �� 69 69 � 69 69 69 69 Ef-? s. o � � o 0 o co w,, o � N � � � � '� � � o o �n �n �n �n N � �. �i', co � �O ,� ,� ,� v-� � N �O l� � V� V� V� �O � �, d' � � � cy � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� V� CO M M N M �" O O N O� O� O� O� � � � � 0 � 0 M V� '-7-' O O O O O O O Z � � � � � � � � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � � o z � � � � � � a�Z ��Z ��Z ��Z W�Z ��Z ��Z N N N N � N � N N N � z�a a�a �a ��a �a �a ��a � �W� zW� oW� �W� �W� WW� �¢W� ,� ��`r' o�`r' �� W � � � � � � � � z� z� �z� �z� �z� �z� z� �� z�� W�� Q � � � � � � � �Mx o°�x oox w�x �Nx ��°x d�x c7�w ti�w rx�w a�w ��w a�w a�w � � � 0 � N N ro a � � 0 0 N E � 0 z i.% W � 0 a a E z w � W y a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a a a � N CO V� M M �--� � O O� CO CO v'� v'� v'� N itl �. O � � � � � � O N � l c0 c0 c0 c0 �O E-� N c'' �n �n ,� ,� ,� ,� y 69 69 69 69 69 69 69 � � � v'� O �O � � O O v'� � � � � � M CO O y n o �o 0 A N � � � � �>+ O N N � M M �--� � O O� M CO v'� v'� v'� C �� N p � l� � � l� l� l� � V� N 0 cn O CO CO CO CO �O �� 69 � 69 69 69 69 69 Ef-? ,o �, ° o�,. o 0000 � � � '� N �--i �--i M l� l� l� M N �i � .�y M M �--� � � � CO � di � �--� Ol Ol Ol Ol �O � �, d' �. �--� c•j �--� �--� �--� �--� �--� . N a0 O 59 59 59 59 59 59 59 w �'`�� M � � � � co cv � � � � o� � � � � � � 0 � o � � � � � � � Z °o °o °o °o °o °o °o Z � � � � � � � � � a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M O O O O O O O � � � � � � � c� W W ¢� � � W W � �i � W � z � � � � W � � � a � W x N I--� �y S�i C/] M Q M �� M � � M �� M �� M � � �i ��y Wr'�TJ1 V� � W � W � � W � � � � � O�y � � � � � "q U � � � � U a � � a � U a � "V a � W a � � � W � � � � � � � � � � W � � W � � W � � � W � � � Q � � Q � � Q � OO � Q � � Q Z � Q � W � Q a � � a � a � a � � � 0 o P-i' '�" cn P-i' p o, P-i' �� o, P-i' o, P-i' 0 0, P-i' a o P-i' ��w v��w ti�,w 3aMw ti�w Q�w 3x�ow � � � 0 0 M � ro a � � 0 0 N E � 0 z Z.% W � 0 a a E z w � W 0 a � � E W W a E N a w a a O a E z w � � � W � � � � a � z � � � a w a a �--� CO N CO O V� � V'� V'� l� O� N V'� � �--� CO V'� l� O N CO M N N CO O � N l� M V� V� 01 N F N '� � �--� �--� Vl N y 69 69 69 69 69 69 � y' � O �O � � l� O � � y ai �n � A N � � � � s• ,� ,� cv co o �n � �y� � � � � � � (� C¢• F4 � � v� l� O� N � N O� � � N N N O V� N 0 l l V� V� V� N �� 69 69 69 69 69 � Ef-? �O yy CO CO O� M O v'� m� p. � n n o�'o o�o o°, o�o � N co co �n �n �n N .� � W � � � � � � � N � � W N � � 01 01 � M � 01 � � � � � � � O O O� O� O� M � � � � 0 � � � � � � � o � � Z o 0 0 0 0 0 Z o 0 0 0 0 0 a � � � � � � 0 0 0 0 0 0 M M M M M M O O O O O O � � � � � � � � � w� �� a� �� W� �� `� � N �"�N O �N c� �N � �N � � � � � � � � � � Q � � Z � � � � � � v� �� v`�'-� � W v`�'-� �23 W v`�'-� � W v`�'-� � W v`�'-� � �� Z� P�� C�7� ,��W �'_'W �wa�W O��W ��W �� W W w�a w�a W w�a Wz�� Q Zo,i� QC7�ni� �Zo,i� x�oi� dw o� �°w ��w �z�w c�7��w �w�w � � � 0 M � ro � rl ui 0 0 N E � O z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W N N �i � a � z � � � a a a � � v'� � � � �O O N itl �. � O� CO � � � V�'� O N N �O v'� v'� v'� � l E-� N N ,� ,� �p ,� ,� ,� y 69 69 69 69 69 69 69 � � � � ftl � �I'� � � N M � � O AN � N � � � � �o � o, o �o o, c� � � �n ,� o, � �o 0 � � u. � � o�,' ocno o � � � V� N 0 N �O V� V� V� � l �� 69 69 69 69 69 69 Ef-? ,o �, o � o�O, � � v cv'y � a� �n M co � � �o � a� � u. � o co o, �o r� o, cv � N M �O V� V� �O � CO �. �y d� �i ('v �--� �--� �--� �--� �--� �--� . N a0 O 59 59 59 59 59 59 59 w �'`�� o�o � � O o�o o�o � � � � � � � � o � � � 0 � 0 �--� M V� '-7-' O O O O O O O Z' � � � � � � � 0.�i � � � � � � � O O O O O O O M M M M M M M O O O O O O O � � � � � � � w � � � o� Z rx � a w v� rx Z � � � � M � � M � � M � M � � M � � M � � M � �� F" �� Z � ,� W`�' p�"n p�.., �"n ��i`n ��`� W W`� W�`� � � � � � � � � � � � � � � � � � � � � � � �� z�� z�� w � w � w � w w �w � w �a oa �oa oa aoa ��a �oa Q�� o� �� o� '�N� w° � �o� w�w v��w v��w �Mw 3Mw a�w a�,w � � � 0 cv M � ro P� � ui 0 0 N E � 0 z Z.% W � 0 a a E z w � W y a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � � a a a 01 CO �--� �--� CO �--� � CO l� V'� V'� CO V'� �C O � O� O� N O� ftl Fi CO �--i �--i �--i �O �--� O N M N �O �O M �O E-� N '—' `r' '—' '—' c�' '—' y 69 69 69 69 69 69 � 'y' � N M � � V� M � � y N � � A �' M ~ N � � � � � � � � � � � a� i� � u• -�" o o; o; o; o; o; � � � � � � V N N 0 M �O �O �O �O �O N �' �� 69 69 69 69 69 69 Ef-? w �, � � � � � � °� a�i �'�" � � � � � � � � � � � � � � � � � � � � � � . N a0 O 59 59 59 59 59 59 w �'`�� N O1 O1 O1 O1 O1 � � � � � � � � � � � � � � 0 � o, o � cv r, � 0 Z °o °o °o °o °o °o Z � � � � � � a � � � � � � 0 0 0 0 0 0 M M M M M M O O O O O O � � � � � � 0 � � 0 x � x a ° �Z ti � z � N W � }�.i � � M C/] � M � � M � M � � M � � M '� � � V� W� V� N � V� �� V� � � V� C/� � V� � � p�..,� �p�..,� � W p�..,� �p�..,� ,�,�p�..,� � p�..,� 0. ��" Q��" �F",��" ��" ��" �Z��" � � � rZ a Q � a Q Z a Q W a Q W a Q O� a Q � a �¢ � P� � � r� �� w Q� w Q�� w �� w v� O� w ¢ U° w � � � 0 M M � ro P� �--i L!') O O N E � z Z.% W � 0 a a E z W � W 0 a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � � a w a M � O � N O CO � � O� l� O �O O � N O O� v'� N M � � O � � � � � � � � E-� N ,� ,� �p ,� �p ,� ,� y 69 69 69 69 69 69 69 � �+ �" ~ � � � N �n � � O V� � � � N N O� A N � � �i �s. cn r" o� r" � � o, � O O °o � �. � �� o � o ov', o c�v � � � V � N 0 � � � � � � � �� 69 69 69 69 69 69 69 Ef-? s. � � c� � co 0 0, 40 y,� CO O O� M M CO �--� "� N CO v'� M l� O O� �O N��. � l� V� �O CO � O� N � N CO v'� v'� v'� �O v'� O � �, d' � � � � � � � N . N a0 O 59 59 59 59 59 59 59 w �'`�� l � l �o � cv V� M CO N � M w �--� 01 01 01 01 01 �N � � � 0 � �n �o l co � cv cn O Z °o °o °o °o °o °o °o Z cNV cNV cNV cNV cNV cNV cNv a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M � � � � � � � � � � � � � � w H � � �W w °x v�i ��"' �-'' �,,/ a' a' W a' � a' � a' }�.i � � M � M w � M � � M � � M � � M � � M W � �_y W � WrT1 � �� WrT1 � O W � C/� W � _�y W � � WrT1 � w � � � � � -'�`� V� � � �--. � � W � � � � � "C� � � � W � � W � � � W � I-� W � � W � � � W � Q W � ��w ��w ��w ��w ��w w�w w�w ��Q z�Q ��Q ��Q W�Q xw�Q ��Q � �� o�� '� �� N� � �� x°x a�,w ti�,w 3c�<.,w a�,w a�,w rx��,w a�,w � � � 0 � M N ro P� rl ui 0 0 N E � z i.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � � � a � z � � a w a � �N ONO N l� �O � � � �O O� O� �O O � O ftl �i M N O� CO CO V� O� O N �O �n �O �n �n �n � E y 69 69 69 69 69 69 69 � � � � � � N � y � o Ay N N � � ��' � ° � c`vv � � o�O, ° i� �¢• -�" �o cS o; �o o � o M �O 01 CO CO V� 01 V � N 0 �O � �O V'� V'� V'� � �� 69 69 69 69 69 69 69 Ef-? iO y,� CO M M � O N N "� � O O �O O� M M O� N � p. �'„ O N �O � � � � � N l �n l �O �O �O �n � .�, d' � � � � � � � � . N a0 O 59 59 59 59 59 59 59 w �'`�� N � �, � � � � o � l l �n cv 0 0, o o, o, o, o, � � � 0 � 0 � � � Z °o °o °o °o °o °o °o Z cNV cNV cNV cNV cNV c�'v c�'v a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M � � � � � � � � � � � � � � � � � �Z �Z �Z � �Z �Z ¢ W ¢x x x zx x � N Z� N W � N � N W� N W� N �„� N � N � d � C7 � � a � `� � � � � � ��'�n W �'�n ��'�n ��'�n Z�,'�n Z��n ��n W� pW� pW� E-�W�n �W�n � �n U �n � �� w� v� �� a�� v� y,�� z� Wz� �w� �w� '�w� �w� �w� �� w ��w ��w z�w �w ��w ��w Q�Q ��Q ��Q ��Q ��Q °oQ �NQ ��,w �°iw �Nw �Nw QNw x�w ��w � � � 0 � M � ro P� rl ui 0 0 N E � O z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W N N �i � a � z � � � a a a v'� l� � � l� O O � cn � O� � O O O N itl �. � � � � c+�� O N �O l � � v'� N N E y 69 69 69 69 69 69 69 � � � � � � O � � � M y N N A y N N � � � � �n � � � o 0 0 � c� � o, � o 0 0 � � �� Vai N 0 �O l � � N N N N �' �� 69 69 69 69 69 69 69 Ef-? �O yy M O pp � O O O N� �. � o�'o o�o c`�'v � � � � � N �O l� V� V'� M M M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� o � � � � � o � o 0 0 o, o o, co co co co � r" 0 � � � o, � M � � �n �o � ° °o 0 0 0�' o 0 0 Z o 0 0 0� o 0 0 � M M M M M M M N P. � � � � ..vi � � � O O O O�" O O O M M M M�--� M M M � � � � � � � � � � � � � � � � x � � � � � � � � � � � � ¢ 3 � ti w � �cv �Wcv �Wcv [��U� Wcv � Wcv �Wcv }�.i � M � [� M � [� M � � ,--i [� M [� M � [� M H � � W � � W � � W � � � a � w W � � � W � � W � � � � � � � � � � � � � � � � � � � � � � � � ��a ��a `nUa ��W Z ZUa '-'�va ��a �� z�� H�O 5�� '��Q ��Q w�x w�,x w�x oH�x �°x a °x o�x a�,w a�w v��w zd�,a �w 3wz�w rx�w � � � 0 � M � ro P� � ui 0 0 N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � a a a O� l� �O M CO � O � l� �O N �O V'� CO �O � M N �O N O� v'� N �� M CO V� M M 01 01 O N M M M �O M N N E-� N �y ,� ,� M ,� ,� ,� y 69 69 69 69 69 69 69 � f�� ~ � � M M �--� y � O M A y ~ N N � � � � � �n � �o � co � o � �o �o N N �n co �o i� �¢• � O cS �o ,� o; �ri cS O� CO V� N M 01 01 V� N 0 N M M M M N N �� 69 69 69 69 69 69 69 Ef-? ,o � � c�y o�o � ° o � '� N �--i l� 01 M N l� M N� p. �'„ � M O l� O� � � � N M � � M M M M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� O M l� V� �O 01 l� � �; � M � N �; �; � � � � � � � � 0 � co o, o � cv r� � p � � cv cv cv cv cv '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M � � � � � � � � � � � � � � � � ¢ x °x z x °x � � � � � � x � �, N � N N N w N H N � N � � C7 � �" � W � ~" � Z � � � W�� Q�� Q�� z� � z � � � � � � � � � �� W�� z�� N� o�� o� o�� 50� � ow � ow r� ow � ow v� ow � ow � ow � � � 0 � M � ro P� � ui 0 0 N E � 0 z i.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � � a w a v'� CO CO O� N O � � N M M N � CO N � M � � N M N 01 �� o, o, o, � o, N � O N N N N �--� M V� V� E N � � � M � � �p 69 69 69 69 69 69 69 � � � � � � � M � M �O y � � O A N ~ � N � � � �� n co co � cv o 0 � y+ N M M 01 V� CO CO ftl � ¢" w M � � CO M N N � � � o � N N V � N 0 N N N � M V� V� �� 69 69 69 69 69 69 69 Ef-? �O y,� M V� V� V� � 01 01 -� a� � � � � � N N a� � �� N M M M � � V� V� � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� M l� N � � � � o � � � � � � � � � � � � � � � � 0 � �n �o � co o, o � 0 Z °o °o °o °o °o °o °o � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M � � � � � � � � � � � � � � 0 w c� Q � W �l �l ��l Z �l �� z � z N z W z � � �' Z cv � cv W cv � W cv �W W cv �W-1 W cv � � � � � � � � � � � � � � � � � � � E" ��n ��n �'�n � �'�n �,'�n �,'�n � W � '—' �n � �n � W �n � W �n � W �n � W �n U � � � � 0 O U Z � �3 Z � � � � � Z � � � � � � � � � �U�¢ �'-'� w'-'� ww� ��w� �w� �ww� �� Q o�Q °�Q �Wq�Q a�Q ��Q w ��'-' a�w �w �°ow �z°w HNw ��°w E-�cv� c7�ow ��ow Ucvw v�Qc.,w wcvw 0. acvw � � � 0 � M � ro P� rl ui 0 0 N E � O z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � N W � � �i � a � z � � a w a � 0�0 O � � � O l� � M �O CO �O l� V� N f� �. �O � CO CO � � � �--� M M N N N N F � C+'1 �--� �--� �--� �--� �--� �--� y 69 69 69 69 69 69 69 � � � O � � V� � � � .y. N � " A N ~ N � � � � � o � � o`�, o � a� � � �� i � No � � � � � � � � V� N 0 � M M N N N N �� 69 69 69 69 69 69 69 Ef-? ,o �, � c�y � c�Oy o o � '� � N 01 M l� �O M O N� p. �'„ O O� � M �O �O �O � N V� M � M N N N � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� cv o� cv � co �o cv o � � � co � o� r; v-� o� v� v-� � � � � � � � � � 0 � � �n �o � co o, o 0 M M M M M M � '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M � � � � � � � � � � � � � � w z � � a � a � ti N � I-� � �� W�� !.�� >,n `�>,n �x,n �>�n �>�n �>�n �>�n � q' U W U � U `n � U `n � � `n � � `n a U `n ��l�]�" E-��l�" ��" �y�" ��" xy�" �y�" �a� W a� �a�W-) �a�W-) �a�W-) �a�W-) a�W-) �oQ �ooQ p��Q �o�Q �oQ ��Q �oQ Ocow pcow �w ��w �w �w �w a�ow ti�ow Q�ow a�ow ��ow c��ow ��ow � � � 0 � M � ro P� � ui 0 0 N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � � a a a CO O� O CO � � O � CO N N �--� CO CO O N ftl �i l� 0�0 M O � � � O N � M �O CO N N N E'i N N �--� M M �--� �--� �--� y 69 69 69 69 69 69 69 � � � N � v� � � � � � O v'� N y � � � � A y � N N N � � � � � >+ �O 01 01 M �--� �--� �� M N �O O CO CO O � � � � � � � � � � � V� N 0 M M �--� N N N N �� 69 69 69 69 69 69 69 Ef-? ,o �, � 000, o�,. o°,,. o°, o°, o m � �. � o oMO � � � � r� � N M � N N M M N � �y d� �i �--i �--i �--i �--i �--i �--i �--i . N a0 O 59 59 59 59 59 59 59 w �'`�� M � CO 01 N N � �--i V'� M � CO CO V'� � � � � � � � � 0 � � cv cn � �n �o l O '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M � � � � � � � � � � � � � � a � � o � � � � Z � Q' � �" W }�.i W ^ M � ^ M � ^ M � ^ M Q ^ M �I M � M � � � � � � � � � � � � � � � � � � � �i � � � � � � � � � � � � � � � � � � � � � H Wd �d �jd �d Wd d�i � �i �� z�� W�� aw aw aw w w Qaa �aa �aa x�Q ��Q Woi� �oi� C7oi� �oi� �oi� PW-' � Qa � U ow � ow 0.�1 ow C7 ow � ow �i ow d�a ow � � � 0 0 � N ro P� rl � 0 0 N E � 0 z Z.% W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � � � W � � �i � a � z � � � a w a � � � � � � � � � � o o co � � o � l� l� O v'� M �O v'� O N N N M N N N N E y 69 69 69 69 69 69 69 � 'J+ � y � a� AN "Y � � � � � � � � � a� i� ��-�" � o o co � � o � y p� l� l� O v'� M �O v'� V m N 0 N N M N N N N N �' �� 69 69 69 69 69 69 69 Ef-? ,o �, � � o`v,. � °�n° o�o. o '� a� � o � co �o � o N� p. � cv cv �n o co ,� o � N M M M M N M M � �y d� �i �--i �--i �--i �--i �--i �--i �--i . 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N a0 O 59 59 59 59 59 59 59 w �'`�� N N � o� � o�o o°, o�o 0 0°0 0°0 ov'o � r" 0 � �n �o � co o, o � p �n �n �n �n �n �O �O '-7-' O O O O O O O � M M M M M M M � � � � � � � � O O O O O O O M M M M M M M � � � � � � � � � � � � � � � � w �� ¢ � x N � � o Q � }�.i � W M � ^ M � ^ M � ^ M � ^ M ^ M � ^ M ro � z � � � � a � � a � � � � � � � � � � � � `n � � `n � � `n ,� U `n O U `n � � `n � � `n a Q zx� �� Q�� Hw Qaw aw aw �aw �aw aw ��a ��aa aa �¢aa aa aa �aa �� x�Q ��Q � � a� or~i'w �¢�°r~i'w ��r~i'w ��r~i'w ��r~i'w ��r~i'w a�r~i'w ��,w tiH�ow a�ow Q�ow x�ow w�ow 3�ow � � � 0 cv � � ro P� � � 0 0 N E � 0 z � W � 0 a a E z w � W � a a � � E W W a E � a w a a O a E z w � N N W � � �i � a � z � � � a w a a O� v'� CO O N CO � N V'� l� �O l� O� N itl �. � � V�'� O1�0 � O� O N �^ � M V� CO M F N M N �--� �--� � �--� y 69 69 69 69 69 69 � y' � O O N �O � O y� M M � A N � � � � �� M � CO O CO CO � � � N V'� l� �O � O� � �" � � V�'� 0�0 O � V � N 0 M N M V� � M �� 69 69 69 69 69 69 Ef-? w y,� N � M M O �--� m � �.� � � o ° � � � N � M � �O � M � �, d� � � � � � � � . 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N DO O y4 y4 y4 y4 W �'`�� M M � � O� O� O � � � � � � � � � o M M O O� O� O� � O � � W � � � .� � H 0 H � � � � � � � o � � � � � � � Z °o °o °o °o °o °o °o Z M M M M M M � N N N N N N �--� a � � � � � � � 0 0 0 0 0 0 0 M M M M M M M � � � � � � � � � � � � � � x � � � � � � � N �� z � W� � � � �n a � a' W a' Z a' � �, � N � N Z N Q N W N H N M M M M � � � � � � � � W � C% W V� � W V� _y "�'"i � � Z � V� O V� � -�-� V� � � � +q �--� � ~ C/� � � °� � W � � � � � W � �� w�� w��¢ �� W a� W � � w a� � w � � w O a H �� W �oQ �oQ ��'Q �p�Q ��Q �QM� ��oQ �� 0 � � �w ��w �°w a��w ti�w �¢� o� v��w � � � 0 � � � � � � 1 . T � s • . October 8, 2005 City of Fridley Fridley Municipal Center 6431 University Ave N.E. Fridley, MN 55432 Attn: Mayor or Clerk of �ity Re:033024240055 We Dennis and LaVonne Mason residing at 8141 Ruth Circle NE, Fridley, Minnesota. Hereby disagree with the Proposed Property Assessment of $1458.00, as we are over the age of Sixty Five this would create a hardship for us. We were already assessed $300.00 dollars for this action, please consider our written appeal per section 429,061 subdivision 1, subdivision2. Thanks for your Corporation in this manner. Dennis & LaVonne Mason e ,�u ��j� `7��r�r LaVonne Mason x ,.(�ivV� �%i ��'°"`_ � Dennis Mason �1 � .,n� �'� `��" I'� � /!�� ANNE CATHERINE LI1l1.E NOTARY PUBLIC - MMM�E90TA �y Cart�ion F�Yes Jan. 31, 2a11 Notary Public i o�t. ao, zoos To whom It May Concern: I would l�ce to address my concem regarding the measurement of my property at 180 Talmadge Way. When I spoke to Lane he said my property was measured at 91.44 ft. Also that the measurement should be made 50 ft. from the curb. When I made that measurf,ment, going from the Water Department fence to my fence line, I measured approximately 81 ft. 91 ft. would put my property line into my neighbors driveway,. I would I�ce to have my yard measurements reevaluated. Judy Beine 180 Talmadge Way 763-571-1104 , l-�'�f �-�- `1c�� -�: � � �� ,-�- l , D �� .�� . r. Page 1 of 1 Tirevold, Greg From: COYANS [r,c�yansmf@usfamily.net] Sent: Sunday, October 23, 2005 3:18 PM To: Boikcom, Ann; Tirevold, Greg Subject: tirevoldg@ci.fridley.mn.us - Sender is forged (SPF Fail) - special assessments for 2005 street project meeting Oct 24th Importance: High Special :issessmenrs for 2005 street project 14302423�069 �roperty addxess: 2G0 G'th Avenue 1�`E Fridley,l4fiv 55432 :�s we are unable to attend meeting Oct 2�th, here are our �-iews an tivs matter. iXje wish to object to the amount oFassessment and the high interest rate proposed.. Iiiterest aaid asscssment tao much for work done that most of the nei�hboihood didn't �vant. The street has not been widened appr.eciat>1�- and damage io propernr, noise aizd incon�reiuenced l�ave been ample. The cit�� of F�ridley is not a coxpozate strucntre and should n�t be looking profits or fot interest rate of this amauni. Residents h�� e just had propertj- taxes increase last year and are not in financial conciition to take on any more debt It is a decision th:�t wilt cause mast r.esideuts to deny anj� further assessments or taa i�icreases Fox school%educarion needs in the November election. Oux ti�iews should t>c airccl at the upcominp meetiii�, as work does not pczmit us to attend. .�ccording to the it•iinnesota statutes, secrion 429061 subdi47sion 1; we u�ish to preserve. our oppomuuty to appeal with this written staiement. Granted it is an emul statement ho�ve��et, it is in �vriting not a cerbal request. Since�relv, F�ranciae and iVfichael Co�an --- USFamil .y Net - $8.25/mo! -- Highspeed - $19.99/mo! --- 10/24/2005 � � AGENDA ITEM ��F CITY COUNCIL MEETING OF OCTOBER 24, 2005 FRIDLEY INFORMAL STATUS REPORTS