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11/07/2005 - 6082r � . � � Cf1Y OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 7:30 p.m. - City Council Chambers Attendance Sheet � ALFAS� AR/NT NAA+IF, ADURFSS ANU /i�M NUMB�'R YOU ARF /NTF'R�SSTFD /N. Pr��t: Name {Gl+ea�rlpy Address I�em i11'o� . _ �-- , � S,. � � �-,.�. t s-- � �. � �-� �. � 3 � �i�� . s�� ls A1.4rt C_ R � _5s -- < <t sfj _�i�.�-�,,� �.,.,� ��/ S' �, �.l -c i 7 nn � �J��1� �� 1 �;'��,� - ,��N , ��1�� s�� 'Iv �' �l1)G£ ��'1'��vr�L£ 1 �� G� �� j s-v �. S� s�_ s�,�� 30� ( V''� C� ��- � ??� CJ C;�,' y,'� c� i`�i t'� ��;; ✓� �, I�" C� r' - 1 t� l .:� `( �, fG L�': �1 �`' S�-��•- � `�^"l �`V � � / t l /-�+f .,., I . c �./�- %✓ �! �, / % ` = • � r. � i(� /�L ._ FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 1= ��- 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, nat'sonal 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. �NEW BUSINESS: � +-� -, � c-( P,,,� 4. First Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining APPROVAL OF PROPOSED CONSENT AGEND : �c to Diseased Tree Removal Assessment J $, �� Fees ................................... 76 - 77 APPROVAL OF MINUTES: �- � t � �� ( City Council Meeting of October 24, 2005 OLD BUSINESS: � ,,' ; .� L Second Reading of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose 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; and Adopt Official Title and Summary Ordinance - ................................... 2. Second Reading of an Ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Social Skill; 3. and Adopt Official Title and Summary Ordinance ................................... 54 - 62 Second Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses; and Adopt Official Title and Summary Ordinance ................................... 63 - 75 First Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to Reinspection Fees ............................. 78 - 79 6. Receive the Minutes from the Planning Commission Meeting of October 19, 2005 ................................... 80 - 87 7 Adopt the 2005-2006 City of Fridley Snow Removal Plan ................................... 88 -100 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (AMF Bowling Centers, d/b/a Maple Lanes, 6310 Highway 65) (Ward 2) ................................... 101 - 102 9. Appointment — City Employees ......... 103 10. Claims ................................... 104 r'� 11. Licenses ................................... 105 -128 12. Estimates ................................... 129 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 2 ��, ADOPTION OF AGENDA. �� A� NEW B SI TI UED : ��jl ��' � �� %� I � 17. Motion to Deny Renewal of Residential Rental Property Licenses ............... 150 -151 ��` �� '� A- C,�. _ ��' � �-�" l `t � � `�,%,.s�1 �" 6� �h� � OPEN FORUM NISITORS): �' � gl ' 9 Consideration of Items not on Agenda —15 Minutes 18. Informal Status Reports .................. 152 Op� .� '� ., �, � P �, PUBLIC HEARING: f�" �'1 'e"�- � 'A�-� 13. Consideration of an Ordinance Amending ) O�� P`"�' Chapter 205 of the Fridley City Code ADJOURN. / Pertaining to Front Yard and Side Yard (�� Setbacks in the S-1, Hyde Park District (Zoning Text Amendment, ZTA #05-03, by the City of Fridley) ...................... 130 -132 ��. ,��;��-.51Qwt NEW BUSINESS: 14. First Reading of an Ordinance Amending Chapter 11 of the Fridley Gity Code Pertaining ��'�� to Pawn Shop Tran�ction Fees .... 133 - , b�v ,,,� � c.t"`�C� �,c.� �.. �j -�-) A ��2g��r ,�/� ��s , a—�.� l� `"'� I o ` ��.�z.2 � ` T stf -FS c,c � �? �� '�.e.¢ T� i �2� 15. Special Use Permit Request, SP #05-03, by U iFi c.¢.r �` Kinghorn Construction for Woodcrest Baptist Church, to Allow an Expansion to an Existing Church in an R-3, Multi-Family Zoning District, Generally Located at 6875 University Avenue N.E. . (Ward 1) ................... ...... 135 -140 �, � � ! � � �.� ...� �� ; � P�- � : � 16. Variance Request, VAR #05-14, by Kinghorn Construction, for Woodcrest Baptist Church, to Allow a Reduction in the Required Parking Setbacks to Allow the Reconstruction of the Parking Lot, Generally Located at 6875 University Avenue N.E . ................... 141 - 149 tP �/�' � �'' ��'/� �� ( � I �� P� ��1� � �` �� .� �P�' �� 2�,it �y��s'PP ,<Gr f, � �'\ �o � n�► �� . �- � �� „� �rs � �J ,� � ,rh - � c� ox� °� J�v � � CffY OF FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 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 October 24, 2005 OLD BUSINESS: Second Reading of an Ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code to Provide a New Section 405A for the Purpose 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; and Adopt Official Title and Summary Ordinance 2. Second Reading of an Ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Social Skill; and 1 - 53 Adopt Official Title and Summary Ordinance .................................................. 54 - 62 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 3. Second Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses; and Adopt Official Title and Summary Ordinance .................................................. 63 - 75 NEW BUSINESS: 4. First Reading of an Ordinance Amending Chapter 104 of the Fridley City Code Pertaining to Diseased Tree Removal Assessment Fees ................................................... 76 - 77 5. First Reading of an Ordinance Amending Chapter 220 of the Fridley City Code, Residential Rental Property Maintenance and Licensing Code, as it Pertains to ReinspectionFees ............................................................................................. 78 - 79 6. Receive the Minutes from the Planning Commission Meeting of October 19, 2005 ......................................................... 80 - 87 7. Adopt the 2005-2006 City of Fridley Snow RemovalPlan .................................................................................................... 88 - 100 8. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for CLIMB Theater (AMF Bowling Centers, d/b/a Maple Lanes, 6310 Highway 65) (Ward 2) ........................................................ 101 - 102 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Appointment — City Employees .......................................................................... 103 10. Claims ....................................................................................................... 104 11. Licenses ....................................................................................................... 105 - 128 12. Estimates ....................................................................................................... 129 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 13. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Front Yard and Side Yard Setbacks in the S-1, Hyde Park District (Zoning Text Amendment, ZTA #05-03, by the City of Fridley) ...................................................................................... 130 - 132 NEW BUSINESS: 14. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Pawn Shop Transaction Fees ..................................................................... 133 - 134 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 7, 2005 PAGE 4 NEW BUSINESS (CONTINUED): 15. Special Use Permit Request, SP #05-03, by Kinghorn Construction for Woodcrest Baptist Church, to Allow an Expansion to an Existing Church in an R-3, Multi-Family Zoning District, Generally Located at 6875 University Avenue N.E. (Ward 1) ....................................................................................................... 135 - 140 16. Variance Request, VAR #05-14, by Kinghorn Construction, for Woodcrest Baptist Church, to Allow a Reduction in the Required Parking Setbacks to Allow the Reconstruction of the Parking Lot, Generally Located at 6875 University Avenue N. E . ................................................................................... 141 - 149 17. Motion to Deny Renewal of Residential Rental Property Licenses ................................................................................ 150 - 151 18. Informal Status Reports .................................................................................. 152 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 24, 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 Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director Jon Haukaas, Public Works Director Don Abbott, Public Safety Director UPDATE ON STORM CLEANUP Mayor Lund stated there will be a brief overview of what has transpired since the September 21 storm and he would then terminate a State of Emergency that was declared on September 22. Mr. Haukaas, Public Works Director, stated after the September 21 storm, they immediately began to pick up wood, trees, trunks, and branches from the curb. They realized that they were not going to be able to do the cleanup themselves in a reasonable enough amount of time. They brought in several contractors and also received help from Anoka County and MnDOT. As of last week, they were able to get through the entire City once and have been through some of the hardest hit areas a second time. During the next few weeks, they will be sweeping City streets. Typically they would have started the fall sweeping on October 1. There was so much debris in the streets that they felt it important to still get that done. They have hired two contract sweepers. After that is completed, they will be going back through the City one more time to pick up remaining debris from the storm. They are trying to be careful but there may be scars in the boulevard and some ruts from the machinery. Unfortunately, they cannot take responsibility for this or the dead grass from having the brush by the curb. They need the homeowners to take care of that. With respect to the disposal, there is a large pile at Columbia Arena. They have a contractor chipping it and hauling it of£ They will stay until it is done. They have had some FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 2 requests for chips or other logs. The chips and logs are defraying some of the contractor's costs, so it is saving the City a little bit of money to have the contractor take them. When they are done, there will be a pile of chips available to residents if they are interested. Dr. Burns, City Manager, asked about the costs. Mr. Haukaas stated the costs for contractors to help pick up the tree debris from the storm are currently about $150,000. They will be combining that with the damage estimates and joining with other cities and Anoka County to hopefully get some kind of disaster relief. The $150,000 is only the contract costs. It does not include the internal overtime or fuel costs. Mayor Lund asked they would do if it snowed before they could pick up the remaining tree debris. Mr. Haukaas stated they are noting where the locations are as they are driving through the City. They are moving as quickly as they can. About the only thing that would delay them at this point is if there was a major early blizzard. Councilmember Bolkcom said she though the City crews have done a tremendous job. Mayor Lund said he wanted to thank all the residents and businesses for their patience and help. He also thanked Mr. Haukaas and City personnel. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 26, 2005. APPROVED. City Council Meeting of October 3, 2005. APPROVED. OLD BUSINESS: 1. 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). Dr. Burns, City Manager, stated the ordinance would allow these containers to exist as long as they are screened and do not interfere with minimum parking requirements. They are allowed in C-2 and C-3 Commercial Districts and are allowed for up 90 days, but no more frequently than once a year. The Planning Commission approved this at their meeting on September 7, 2005. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 3 The first reading of the ordinance was on September 26, 2005. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1208 ON SECOND READING AND ORDERED PUBLICATION. 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. Dr. Burns, City Manager, stated this ordinance amends Chapter 205 of the City Code by changing parking stall requirements for all commercial districts. The change amends the required parking in commercial districts from one stall for every 150 feet of building space to one stall for every 250 feet of building space. The change is in line with actual parking needs, consistent with area cities, and conditions of our storm water runoff. The change was approved by the Planning Commission at their September 7, 2005, meeting. The first reading was held on September 26, 2005. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1209 ON SECOND READING. ADOPTED SUMMARY ORDINANCE NO. 1209 AND ORDERED PUBLICATION. 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). ADOPTED RESOLUTION NO. 2005-56. 4. 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 (Ward 3). ADOPTED RESOLUTION NO. 2005-57. 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). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 4 Dr. Burns, City Manager, stated Council approved the preliminary plat on June 27, 2005. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-58. 6. Approve a Development Agreement between the City of Fridley and Timothy Van Auken (Ward 2). Dr. Burns, City Manager, stated the development agreement designates improvements to be installed at the developer's expense and provides for the control of soil erosion and contains specifications for the construction of site improvements. It also contains escrow requirements, provides for special assessments for public improvements, and incorporates all plat stipulations. Staff recommends Council's approval. APPROVED. 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). Dr. Burns, City Manager, stated although the Van Auken plat is compatible for the R-3 zoning of the two parcels, it is not consistent with the R-1 Future Use Designation in the Comprehensive Plan. City staff has noted the presence of other R-3 structures in the immediate vicinity of the Van Auken parcels, and has determined that a minor amendment to the Comprehensive Plan is justified. The amendment was approved by the Planning Commission at its August 3, 2005, meeting on a 5-1 vote. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Receive Bids and Award Contract for 73 1/Z Avenue Street Improvement Project No. ST. 2005 — 3(73 �/z Avenue Cul-de-Sac Extension) (Ward 2). Dr. Burns, City Manager, stated the City opened bids on September 21, 2005, and found Dave Perkins Contracting, Inc. to be the low bidder at $93,186.00. Of this amount, Mr. Van Auken will be responsible for $60,723.50; the City of Fridley water funds will bear $12,500.00 for plant water line looping; and the street construction budget will bear $19,962.50 for the portion of the project to the east of Van Auken's cul de sac. Adjacent property use will be assessed for the replacement of bituminous curbing with concrete curbing. Dave Perkins has assured the City that the base course in concrete curbing can be completed yet this year. The completion date of November 15, 2005, contained in the bid specifications, has been extended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 73 1/Z AVENUE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 TO DAVE PERHINS CONTRACTING, INC. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 5 9. Resolution Authorizing Changes in Appropriations for the 2005 Budget for January through September, 2005. Dr. Burns, City Manager, stated the changes have arisen as a result of donations, unforeseen expenditures and revenues, and reclassifications of account codings. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-60. 10. Resolution Adopting Assessment for the 2005 Tree Abatement. Dr. Burns, City Manager, stated a property owner on Lyric Lane has agreed to be assessed for $1,984.60 for the removal of a diseased tree on his property. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-61. 11. Resolution Certifying Certain Delinquent Utility Services to the County for Collection With the 2006 Property Taxes. Dr. Burns, City Manager, stated they would be certifying delinquent amounts, together with penalties. The delinquent amounts for 2005 total $182,884.89. This compares with $160,872.00 for 2004. The number of delinquent customers is 344 compared to 335 in 2004. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 12. Claims (123569 —123850) APPROVED. 13. Licenses. APPROVED AS SUBMITTED AND AS ON FILE. 14. Estimates. APPROVED THE FOLLOWING ESTIMATES: Palda & Sons 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement ProjectNo. ST. 2005 — 1 Estimate No. SR $107,410.21 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 6 BCG Construction, Inc. 3117 Salem Avenue South St. Louis Park, MN 55416 2005 Miscellaneous Concrete Repair Proj ect No. 3 59 Estimate No. 4 $7,382.14 Pam Reynolds, 1241 Norton, approached and requested that Item No. 7 and Item No. 11 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda as presented with removal of Items 7 and 11. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Wolfe to approve the agenda with the addition of Items 7 and 11. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): There were no comments. 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). MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:50 P.M. Mr. Hickok, Community Development Director, stated the City charges a 25 percent assessment fee. The assessment fee listed in the City Code is $25 for tree abatements instead of 25 percent. The amount of $25 does not cover the cost of the County assessment filing fees and required public notices and the staff cost involved. Tree abatements really are the same as public nuisance abatements. They encourage property owners to finance the removal costs rather than FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 7 financing through the City and there are costs if that is done. Staff's recommendation is to hold a public hearing and to take public comment on this text amendment change. Councilmember Bolkcom asked when the City would cut down a tree. Mr. Hickok said if they received communication from a resident, they would know the person was in the process of working on removing the tree, and they would work with them on a time schedule. At the point a resident decides they would like the City to do it or if they are not participating or communicating, they would put it on a timeline that is appropriate. Mayor Lund asked how long this had been on the books. Mr. Hickok replied the language dates back to the early 1980's. It is rare to have a dollar amount in the Code, because of inflation, etc. Charging 25 percent better reflects the real cost. 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 7:54 P.M. 16. Consideration of Proposed Assessment for 2005 Nuisance Abatement. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:54 P.M. Richard Pribyl, Finance Director, stated this is the annual assessment for those properties that the City has expended funds for cleanup in accordance with the City Code. There are three properties involved in this assessment. The total amount of the assessment was $4,598.44. The assessment in this case is a one-year assessment with 6.5 percent interest. Mayor Lund said that out of the properties they are talking about, three have settled or paid up and the total of the three left is $4,598. Councilmember Bolkcom asked how the property owners were notified. Mr. Pribyl replied through verbal and written communications. Councilmember Bolkcom asked how long homeowners had to pay the amount off. Mr. Pribyl replied they actually have 30 days from the date of this assessment to prepay it, or until November 23. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 8 Councilmember Bolkcom said if they do not pay it off, it is charged to their property taxes at 6.5 percent interest. Mr. Pribyl replied that is correct. Councilmember Bolkcom asked if, for example, she could pay off the amount in June, she would still be assessed for the interest for the first year. Mr. Pribyl said she would. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Council- member Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. 17. Consideration of Proposed Assessment for Street Improvement Project No. ST. 2005 — 1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:00 P.M. Mr. Pribyl, Finance Director, stated there is a resolution on the agenda for the actual assessments for this project. The project assessment pertains to the concrete curb and gutter portion of the 2005 — 1 Street Improvement Proj ect. This proj ect assessment applies to those homes generally in the area west of East River Road and north of 71st Way and behind Holly Center. The total assessed cost, including the driveway portion, is $823,086.24. The assessed cost of the street project is at $16.20 per front foot as compared to the original estimate of $16.84. The assessment is for ten years and the interest rate is 6.5 percent. They did have homeowners who wanted their obj ections noted. Francine and Michael Coyan at 260 - 67tn Avenue NE are objecting to the amount of the assessment and the interest rate. Judy Beine, 180 Talmadge Way, has a concern regarding the measurement of her property. Staff is working with her and making an adjustment for the correct front footage. Dennis and LaVonne Mason of 8141 Ruth Circle, are both over 65, and said it would create a hardship. They have been sent senior deferral information. Staff is recommending a change to the assessment roll for 180 Talmadge Way from 91.44 feet to 77.3 feet, which would change the assessment from $1,481.33 to $1,252.26. MOTION by Councilmember Bolkcom to enter into the public record letters from Dennis and LaVonne Mason, Judith Beine, and Francine and Michael Coyan. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if they had until November 23 to take care of the assessment. If they could not pay it before the 30 days, it would go on their taxes. Mr. Pribyl replied, that is correct. Councilmember Bolkcom said if they pay it off at anytime during the next year before December 31, they would be charged interest for one year. If it was two years from now, they would be assessed interest until December 31 of that year. Mr. Pribyl agreed. Councilmember Bolkcom asked Mr. Pribyl how they arrived at the 6.5 interest rate. Mr. Pribyl replied the 6.5 percent interest rate is actually compared to the cost of the City debt. Any time they get assessments, they try to make sure that when they have a future bond issue that they have to sell in conjunction with special assessments, they have actually set the assessments to match what the City's cost of debt will be. Interest rates are currently rising, so they have to insure that when they do go to market and sell a bond issue, they do not have debt service costs in excess of the assessments that have been provided. They have been maintaining this interest rate for a couple of years. Councilmember Bolkcom said one of the homeowners thought the assessment was high. She asked Mr. Haukaas if he could explain how they arrived at the assessment. Mr. Haukaas, Public Works Director, contractors and consulting engineers and others have commented that Fridley has a really low assessment rate. Our assessment rate is realistically in the 15 percent range. The City's average assessment is probably in the $1,200 to $1,400 range. The assessment on a comparable lot in another city could be $3,000 to $4,000. Although the City may be resurfacing a street, concrete curb and gutter are also included, so those costs are also included. They total everything up and divide it by the number of assessable front feet, and that is how they come up with the per foot number. Councilmember Bolkcom commented they have always worked with residents in order to help them improve their driveways at the same time. This year, the City has actually included that in the assessment. She asked Mr. Haukaas to explain why they did that this year. Mr. Haukaas stated there are a couple of reasons. One it is bringing in a lot of other properties that could not have afforded it otherwise. The second reason is the contractor wanted to do it, but wanted the all payments run through the City. Councilmember Bolkcom asked if there was a warranty on the work Mr. Haukaas said there is a one-year warranty period and they have bonds for this. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 10 Councilmember Bolkcom said she thought it was a great idea and asked if it was cheaper. Mr. Haukaas replied he thought the prices are very comparable. Councilmember Barnette talked about an article that was in the Sunday paper having to do with the number of cities in the metropolitan area who are having tremendous difficulties with the deterioration of their streets. He wished they would have interviewed Fridley's city engineer and let him tell how Fridley has been doing this for many years. He asked when all the streets would be done. Mr. Haukaas stated they will finish concrete, curb, and gutter on all the City's streets in the ne�t three years. Councilmember Barnette commented that is a tremendous accomplishment and he thinks the City of Fridley residents should be very proud of that. They have saved money doing it this way. Mayor Lund commented that one of the three letters they received stated that not only were the residents over 65, but they made the comment they were already assessed $300 for this action. He asked Mr. Haukaas if he knew what they were talking about. Mr. Haukaas said he did not. He pulled their assessment history and the last assessment against this property was in 1964. Mayor Lund asked Mr. Haukaas whether he or any of his staff have contacted the homeowners. Mr. Pribyl, Finance Director, said a member of his staff contacted the homeowners and talked to them about the senior deferral application. Councilmember Bolkcom asked about the senior deferral program and when a person could apply. Mr. Pribyl stated they could apply for this within 30 days. Councilmember Bolkcom stated so if this is a hardship, it would defer their assessment until they sold their home. Mr. Pribyl replied, yes, with interest. Jim Johnson, 8057 Fairmont Circle, said it looked like he was being charged $21.80 a foot. He has about 70 feet, and most of the neighbors around there have about 80 or 90 feet and their cost is about $1,200. He measured and came up with 65 feet. Mr. Haukaas replied the City uses an averaging method where they measure at 35 feet back from the front property line. On a rectangular lot that does not make a change. Someone on a pie-shaped lot that is narrow in the front will pay a little more than someone on a pie-shaped lot that is wider in the front. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 11 Mr. Johnson said there is still about a six-foot difference if he looks at the angle. Mr. Haukaas replied there are a few that may be corrected. He has discussed this with Mr. Pribyl, and their recommendation is to certify this with the other corrections. If there are issues, such as Mr. Johnson's that come up, they are going to bring another resolution to Council at one of the two next Council meetings to make those corrections. Councilmember Bolkcom asked if someone will explain to Mr. Johnson how they came up with the measurement. Mr. Haukaas said they would. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:21 P.M. 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. MOTION by Councilmember Billing 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 8:21 P.M. Mr. Knaak, City Attorney, stated under federal and state law, cable television is broadcasted under guidelines and regulations that are promulgated by the FCC. Specifically regulated and governed by local units of government it is formed by franchise agreement which under state law must be enacted by ordinance. In Fridley's case, Time Warner is the current franchisee. Its relationship with the City is in fact governed by a franchise ordinance. Time Warner approached the City to start informal negotiations in 2000 and there was little progress in those negotiations. Time Warner's franchise ended in 2003, but Fridley and Time Warner agreed to continue negotiations after its expiration. Fridley was seeking expansion services in technology, and Time Warner was seeking reduction of expenses. The 5 percent franchise fee which is allowed by law was never at issue. The methods of calculating that fee, however, were an issue. Mr. Knaak stated another issue was whether there would be a technological upgrade. Time Warner has experienced major changes in the industry. Fridley had major technological changes that needed to be addressed including upgrades. It is important to understand that current authority only permits the City's franchise ordinance to deal with cable television sources alone and not internet access. "Bundling" is a term that has been given a lot of exposure lately. The FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 12 term is used to describe the process in which cable television service would be offered as part of a package for two or three services; for example, television, internet, and telephone service. The revenues of only one of those services, cable television, is shared with the City under the franchise fee. The possibility exists, that Time Warner would offer a bundle in which the discounted service would occur entirely under the auspices of the cable television portion, giving Time Warner the full benefit of any business increase of its non-franchise services at the expense of the City. Mr. Knaak stated Time Warner ultimately demanded under federal law that a formal renewal procedure begin. The City agreed and under that process adopted a request for a formal proposal from Time Warner. Time Warner submitted such a proposal. Staff reviewed it very carefully and found that it did not meet the City's cable television needs. Time Warner then requested under federal law a formal hearing on its proposal. The City agreed, and began to set up the necessary procedures. The parties agreed to continue informal negotiations. During this time, Time Warner decided to sell its interest in the Fridley franchise as part of a larger deal with Comcast. It was approved by the City, subject to renewal of the franchise by Time Warner prior to the effective date of transfer anticipated to occur early in 2006. Both the City and Time Warner renewed their negotiation efforts this past summer. An agreement was reached that was drafted in the required format for a 15-year period. There is bundling protection of revenue. There is a one-time equipment grant for the renewal and for new equipment. The cable industry is going digital and that includes the camera and everything else, so there is a need for a significant equipment. That is going to be provided in this agreement. There are currently four public channels. There will be three after the implementation, if we choose to do so, of this agreement. But in exchange for one of those, there will be a new On Demand service. Mr. Knaak stated there are some negatives in this agreement. There will be a lack of a local studio inside the City. He went over a two-page summary prepared by Brian Strand, the City's Video Coordinator. It detailed nine key areas that were discussed during negotiations. The franchise fee is untouched. The term continues to be 15 years. They were able to get specific language that would help protect the City with respect to bundling of services offered by the cable company. He talked about gross revenues and said it did not appear, that it was going to make a significant difference in revenue. He talked about the area of PEG support and equipment grant stating it was an important issue. There was a$450,000 cash contribution that must be used for equipment by the City related to the cable production of the City. That would include things like new cameras. They are not requiring a studio or local origination. The City had originally taken the view that they wanted a substantial upgrade of the I-Net, the internet system with the wiring in the City, particularly with respect to the schools. They reached an agreement to upgrade some of the connections and to maintain the current system as it was being used. He said there were four PEG (public educational/governmental) channels. They accepted a proposal to have three but also 20 hours a month of On Demand capacity for City use. The 20 hours has to do with the amount of storage that they have available for that purpose. He said with respect to the customer service standards, the FCC has certain customer service standards and they match quite closely the service standards that are in the current City franchise. They have adopted those and placed them in the franchise agreement to protect residents and consumers. He said staff recommended that Council hold the public hearing on this matter and approve the first reading of the ordinance. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 13 Councilmember Billings said in regard to the PEG channel, it is his understanding that it is either state or federal law that if governmental channels are using something like 80 percent of that with first-run programming, they can make application to the cable company to receive a fourth channel. Mr. Knaak replied, yes, that is correct. Councilmember Billings said they are not really giving up a channel as much as acknowledging they are not really utilizing it to its fullest extent and, therefore, it is not going to be there until such time as they do need it. Mr. Knaak stated that is an accurate statement. Councilmember Billings stated regarding the On Demand service, the City will be providing tapes to Time Warner who in turn will put it in their library. There is a specific cable channel that has a menu and you select what you want to watch. He said it was his understanding that all of the extra services--the studio and local origination--are costs to Time Warner that are passed on to the consumer. Lance Leupold, Time Warner Cable, said those are costs that are currently passed onto their customers. It is a line item on their bill as an access fee. It is currently $1.42 per month. If this agreement is passed, the fee would drop to $.48 cents per month. Councilmember Billings stated years ago they had a volunteer organization in town called ETC, which stood for Everyone's Television Channel, that was providing the public access. At that time, approximately 95 percent of the people who were participating were non-residents of Fridley. So the City ended the contract with ETC and entered into a contract with Time Warner to provide public access. He said near the end of the contract, there were less than four people per month who were utilizing that service. Mr. Leupold said they had actually expected a larger number to carry over from the original access entity but, after a few months, there was not any identifiable continuance other than some programming that is being submitted. So they continue to play that programming. Councilmember Billings said based on the volume of usage of the studio and public access, the fact that we are not going to have that is not going to have a negligible effect on the citizens. Mr. Leupold said that was his opinion. He believed the City stopped paying Time Warner to provide these services almost two years ago, so they have not been since then. He said he wanted to thank Council for their patience during the renewal process. Councilmember Bolkcom asked about normal business hours and if there would be any evening hours. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 14 Mr. Leupold commented that payments happened to be by far one of the largest uses of the service center and there are many ways that payments can be made. They do have a service center open until7 p.m. Monday through Friday and 5 p.m. on Saturday. Councilmember Bolkcom asked where it was located. Mr. Leupold said on Plymouth Avenue in Minneapolis. He said after the Comcast transfer goes through, there might be some other local offices that are Comcast-operated. Councilmember Bolkcom asked so right now anyone who would like to personally make their payments would have to drive to Minneapolis. Mr. Leupold replied they also have alternative and would be happy to work with people. Councilmember Bolkcom asked so what he is saying they could call the office and make those arrangements and not wait more than 30 seconds. Mr. Leupold said under normal operating conditions. Councilmember Bolkcom said one of her concerns is a customer calling and not being able to talk to someone. Mr. Leupold stated people will still be able to choose that as an option. One of the options is to make a payment by telephone. There is also an option to talk with a representative. Councilmember Bolkcom said she was looking at the definitions in the franchise agreement and asked what a kill date was. Mr. Leupold answered that is a date at which time she would want them to remove a program from the local On Demand service. Councilmember Bolkcom asked if there was a charge for video On Demand. Mr. Leupold replied they would not be charged for this. They would need to have a converter. There would be a one-time equipment charge. Once you have the converter it would open it up to a number of other programming services in addition to the local On Demand. Customers will still continue to have access channels and the Council meetings will still be available as frequently as the City wishes to air them on the regular channels. Councilmember Bolkcom asked how much it would be if she wanted to watch it. Mr. Leupold replied $8 a month. Councilmember Bolkcom asked about their service interruptions and interference. She had some problems over the weekend and she called and was told the earliest anyone would be there FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 15 was sometime Tuesday. In the agreement is says there will be no event longer than 24 hours once it is known. Mr. Leupold stated he would have to look at that specific language but he thinks it means they will commence to correct it within 24 hours. Councilmember Bolkcom said she was not trying to be difficult but this has happened to her more than once where she has called with this problem and it has taken more than 24 hours. Mr. Leupold stated they will initiate the effort to correct it within 24 hours. In the case of complete outage they have been able to correct it within 24 hours. Typically that is catastrophic and they can actually put power back and it is usually because they lose power from the power company. In the case of something less involved, it may be more complicated to try and fix. They would initiate repair on that within 24 hours. They may not have it repaired within 24 hours. There are times when interference can occur on broadcast channels from sources within the home or outside of the home. It or may not be at their plant. If it is at their plant, they usually can correct it very quickly. But sometimes interference can come from pager services, from electrical equipment in the neighborhood or some other temporary problem. They would still initiate a repair on that within 24 hours. That is their policy. Councilmember Bolkcom stated the reason she brought it up is because it has happened before to her and other people. Mr. Leupold said he would be more than happy to look at her situation. He said he would check and give her a call within the next few days. Councilmember Wolfe said he called on a Monday and was told they would be out the next Wednesday. He asked if once he talked to the cable company, were they starting to work on the problem, even though they were not going to be at his house for a week and a half. Mr. Leupold stated he would have to find out more about the specific situation. Councilmember Wolfe said he was getting none of his channels. Mr. Leupold stated they should come out to him within a day or two at the most. Councilmember Wolfe stated there had to be a number of times where they said it would be the next week. Mr. Leupold stated he would have to find out what it was that was causing his specific problem. Councilmember Bolkcom asked if they were comfortable that the $450,000 included was enough money to replace and maintain the equipment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 16 Dr. Burns said they thought is would replace the equipment. They are not necessarily sure that after 15 years it will be enough to replace the replaced equipment, but it certainly will give them a fair amount of money to make conversions from analog to digital. Councilmember Bolkcom said it would replace the equipment used now but there were no funds set aside for 15 years from now. Dr. Burns replied it is probably unlikely it will give them enough money to replace everything at some point in the 15-year cycle. Mr. Leupold stated they had their own expert look at the dollar amount. After some debate it was increased by $70,000 to $80,000 over what their consultant thought would work for the City. It should work well for them through this franchise term, and he believes Time Warner offered to purchase equipment for them at any discounted way they could get. Dr. Burns stated the number for the new equipment for 2006 is around $185,000. That will replace the monitors in the Council chambers, the editing system, the playback system, and the tape deck A substantial amount of their equipment will be replaced next year as a result of this equipment grant. Councilmember Bolkcom inquired but not enough money to replace the screens. Dr. Burns replied there will be some of that coming along later. They wanted to wait until the plasma screens were cheaper. Pam Reynolds, 1241 Norton Avenue NE, asked if the Council meeting would still be broadcast live. Dr. Burns said he thought so. Ms. Reynolds asked about the access fee being dropped by $.94. If they have not had all of what they should have had for public access, why didn't that number already go down? Councilmember Billings said the studio is still there and they are still paying for heat and electricity. The studio is required under the current franchise agreement. They still have people who are doing the local origination--that is the Time Warner people who are doing football games and things like that. Public access is something that was actually being paid for by the City out of the cable television fund. Ms. Reynolds stated she has talked to Brian Strand and he referred her to information on a studio in Columbia Heights and one she believed was in Blaine. He said Fridley's was not operational anymore. Councilmember Billings stated the equipment is so outdated it does not do anyone justice to try and use it. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 17 MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:04 P.M. 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. Councilmember Bolkcom asked Councilmember Billings if he felt comfortable with the franchise agreement, since he worked on it with the City Manager and the City Attorney. Councilmember Billings replied he did feel comfortable. He thought it was the best deal that could be reached between the City of Fridley and Time Warner. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 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. Don Abbott, Public Safety Director, this would permit licensed establishments to hold tournaments of social skill card games, also known as Texas Hold `Em. Minnesota Statutes were amended in June, 2005, to include Texas Hold `Em in the list of ten other social skill games. Tournaments of social skill games can be legally held and promoted under certain circumstances and they do not constitute gambling. There can be no betting, no entrance fee, there is a$200 limit on prizes, a minimum age of 18 to play, and other requirements. Fridley currently prohibits establishments licensed under Chapter 602 (Beer), 603 (Liquor), and 606 (Clubs) from playing on the premise, whereby prohibiting these tournaments. City license holders approached Council and requested the ability to hold Texas Hold `Em tournaments. Staff prepared this ordinance allowing social skill card tournaments with regulations. Basically, the State did not adequately define and regulate these tournaments and they have undertaken that task at the City level. Staff found no similar ordinances in other communities to use as a model, so the City developed its own language. City staff consulted with the Minnesota Department of Public Safety. Mr. Abbott stated language is being added to Section 602.08, 603.10, and 606.10 to allow licensed establishments to hold social skills card game tournaments. This language will permit use of playing cards only during a tournament of social skill card game as defined by Minn. Stat. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 18 §609.761. Citing of this statute will allow our ordinance to be updated by any future additions to this statute. The description of a tournament is a separate and distinct organized contest involving contestants who compete in a series of elimination card games and social skill. Only one tournament can be held at one time on the licensed premise or any adjoining property owned or leased by the licensee. This would allow multiple tournaments any given day but only one at a time. Tournaments can only occur during the normal hours of operation of a licensed premise. No entrance fee, cover charge, or buy-in may be charged. No purchase requirement 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 a tournament. They can use chips or tokens that have absolutely no monetary value limited only to a method of keeping score and determining the winner of the tournament. Side bets, back bets, and gambling are prohibited. No bets can be made ahead of time and people in the audience cannot bet. Prizes are limited to no more than a$200 fair market value and a participant cannot be awarded more than $200 in prizes in the same day at the same location. No prizes of liquor, beer, or wine are permitted. No gift certificates for future consumption of liquor, beer, or wine are permitted. Licensees are permitted to conduct tournaments themselves without food or license permits or endorsements. Licensees may hire a promoter to conduct the tournament. If they do, the promoter must obtain a tournament service provider license from the City. Staff recommends Council approve the first reading. Councilmember Barnette asked if 18 to 21 year olds were allowed in liquor establishments. Mr. Abbott stated an 18 to 21 year old can enter a liquor establishment. They are prohibited from consuming or possessing any alcoholic beverage on the premises. Councilmember Barnette asked in our establishments that have a liquor license, this ordinance restricts any card playing. Mr. Abbott replied the use, possession, and operation of playing cards. Councilmember Barnette stated and yet there are cribbage games, gin rummy games and similar games being played. He asked if the ordinance was too restrictive. Mr. Abbott replied they have not instituted anything new. They are just maintaining other events or tournament games of social skill. They are maintaining the prohibition on the dice and specifically in this instance playing cards. Councilmember Wolfe said with respect to 18 to 20 year olds, were they not strict about that regarding pool tournaments and games. Mr. Abbott explained under the age 18 can only enter a licensed establishment to eat, consume meals, or work Over the age of 18 up to 20 you can be on the premise, but cannot possess, consume, or use alcohol. Councilmember Wolfe stated he thought they made some restriction where they could not even be in the area where pool was being played. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 19 Mr. Abbott replied that was for under age 18. Councilmember Bolkcom asked if the restaurants that serve intoxicating liquor were notified of this. Mr. Abbott said they sent letters on Wednesday afternoon. Councilmember Bolkcom asked if they heard anything from any of them. Mr. Abbott said they heard from one who said they were in agreement and had no issue with the ordinance as presented. Mayor Lund said the State specifically listed 10 different types of card games. Mr. Abbott said Texas Hold `Em is the eleventh game. Councilmember Barnette asked what some of the others were. Mr. Abbott replied cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500, smear, Texas Hold `Em, or whist. Councilmember Barnette commented they can only be played in a tournament then. Mr. Abbott replied, correct, a tournament is just defined as those games that are played at that location on that day. Councilmember Barnette asked there have been any problems with Texas Hold `Em. Mr. Abbott said none that they were aware o£ The statute only took effect on June 12 of this year. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. First Reading of an Ordinance Amending Chapters 601, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses. Mr. Abbott, Public Safety Director, stated they are putting forth an ordinance to create an administrative penalty process for compliance checks on licensees and individuals selling liquor. The Police Department conducts compliance checks on liquor license holders and tobacco retailers once or twice each year. Police officers conduct these compliance checks utilizing underage buyers. Persons who fail a tobacco compliance check and sell cigarettes to an operative may ask for an administrative process as opposed to a criminal charge. Tobacco FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 20 retailers are given a penalty of $500 to $1,000 for failing a compliance check They can also lose their license if they do it three times in a 12-month period. Liquor compliance checks do not have this option. If they fail, they are subject to arrest for a gross misdemeanor and currently there is no penalty for the licensee. The City of Fridley has been awarded a grant from the State of Minnesota in the amount of $1,360 for additional alcohol compliance checks. The Department of Public Safety requires the City to provide for an administrative penalty for the license holder. The Police Department is recommending that the same process utilized for tobacco compliance check violators be applied to persons and licensees failing liquor compliance checks. Holding the license holders accountable for the actions of their employees will provide an incentive for them to adequately train and supervise their employees through server training programs and other policies and practices that encourage employees to comply with the age-of- sale laws. Mr. Abbott stated the ordinance amends Chapters 601 (Municipal Operations), 602 (Beer), 603 (Liquor), and 606 (Clubs). The administrative penalty imposed on the sellers or servers of alcohol is $350 for the first violation, $500 for the second violation within 12 months, and $750 for a third violation within 12 months. This is for the individual actually selling or providing the alcohol. In Minnesota, penalties you can impose for license holders are $500 for a first violation and $1,000 for a second violation within 12 months and the option of a permanent license revocation for a third violation with 12 months. For example, a server provides alcohol to a minor during a compliance check, the only option currently available is to arrest or charge them for a Gross Misdemeanor criminal offense. No action is taken against the licensee. Administrative offenses provide the option of civil penalties against the server, as well as the licensed holder. For a first offense the server would pay a$250 penalty and a license holder would pay a$500 penalty and that would be paid directly to the City and criminal charges would be filed against the individual. Due process is maintained by two methods: first, participation in the administrative process voluntarily for the individual actually making the sale. In other words, they would have a choice to be criminally charged or have the matter handled at an administrative level. The Police Department may decide a criminal charge is preferable to the administrative process in any given situation. Second, individuals or licensees opting for the administrative process have the ability to appeal to an administrative hearing officer and ultimately the Mayor and City Council. The additional changes for Chapter 602 (Beer) and Chapter 603 (Liquor), are regarding the ability of the Police Department to use persons under the age of 21 years to test whether licensed establishments are complying with statutes and ordinances prohibiting the sale of alcohol to minors. Basically the way the ordinance reads right now prohibits anyone under the age of 21 buying or attempting to procure alcohol. This would specifically make the exception for a person 18 to 20 years of age working for the Police Department or for the City to be able to conduct those checks. Staff recommends Council's approval of the first reading of this ordinance. Mayor Lund asked why it was being changed now. Mr. Abbott said the grant they received from the State of Minnesota requires that the City engage in an administrative process. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 21 Mr. Knaak, City Attorney, stated the idea of administrative penalties is an alternative and is a way that cities can take more control of their own ordinance enforcement. The Police Department was specific that this just focused entirely on liquor enforcement. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 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). Mr. Hickok, Community Development Director, stated this is a request by JLT East River Road, LLC, for the City's assistance in making an application to the Metropolitan Council. 7LT is making an application to the Tax Base Revitalization Program offered by the Metropolitan Council. The resolution before Council authorizes staff to help JLT through the process and to administer the grant if awarded. 7LT is requesting a grant in the amount of $490,000 for abatement of asbestos they found in the building that they own at the northeast quadrant of the intersection of East River Road and Highway 694. Asbestos is a substance that needs to be cleaned up in a very controlled manner which is also a very expensive process. They have been successful in the City of Fridley with two other accounts. Dealers Manufacturing had soil contamination as did the Onan site where Murphy Warehouse is now located. Using the Tax Base Revitalization Account in both cases, staff assisted with the grants that were needed there. Staff recommends Council's approval of this application. The deadline for the application is November 1. Councilmember Bolkcom stated it was estimated that staff time would be 20 to 30 hours. Mr. Hickok replied that is correct. Councilmember Bolkcom asked what the amount was based on, Mr. Hickok replied it is based on their experience, spread over about a three-year time period. MOTION by Councilmember Bolkcom to enter into the record an application to the Metropolitan Council Tax Base Revitalization Account for 5601 East River Road. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom stated she understands that he received this on Friday. She asked whether City staff had enough time to review the application. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 22 Mr. Hickok replied said they had. He thanked petitioners for their diligence in putting the application together. Councilmember Bolkcom said until they hear on the grant there is not going to be any demolition of the property. Mr. Hickok replied grant funding guidelines require that they spend the money after they have been awarded. Councilmember Bolkcom asked the City Manager if by approving this grant application in any way causes any hardship or any financial burden to the City of Fridley other than the staff time that is used to administer it. Dr. Burns said just staff time. Jay Lundgren, Dorsey & Whitney, approached and spoke on behalf of the JLT Group. He discussed the application. With regard go the question of whether or not any removal of buildings could occur prior to the time the grant was received, they do not have any plans as of yet to do that. Under the grant program, you can get reimbursed for activities that have been taken 180 days prior to the receipt of the grant. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-63. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 23. Resolution Adopting Assessment for 2005 Nuisance Abatement. Mr. Pribyl, Finance Director, stated three properties are involved in the code enforcement abatement process. MOTION by Councilmember Billings to adopt Resolution No. 2005-64. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 24. Resolution Adopting Assessment for Street Improvement Project No. ST. 2005 — 1. Mr. Pribyl, Finance Director, stated this is the assessment that relates to the earlier public hearing for the Street Improvement Project No. ST. 2005-1. They would be amending 180 Talmadge Way to request an assessment of $1,252.26. Councilmember Billings asked Mr. Haukaas if he was going to have some corrections to this at the next Council meeting. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 23 Mr. Haukaas stated they would, if necessary. He said some of the driveways were just done today and final restoration and exact measurements were not known before this meeting. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-65 amending the amount for 180 Talmadge Way to $1,252.26 with total assessments being $823,086.24. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 (Ward 2). Pam Reynolds, 1241 Norton, asked if they remember that part of the issue was introducing R-3 building into an R-1 neighborhood. Her biggest question is, in the resolution it says "Whereas, the City has determined this Comprehensive Plan change and associated rezoning of the one- family residential property to R-3, multi-unit residential, to be a minor amendment." She did not understand why it talks about rezoning it when it is already zoned R-3. Dr. Burns, City Manager, said it should be changed to read, "Whereas, the City has determined this Comprehensive Plan change to be a minor amendment." MOTION by Councilmember Wolfe to amend paragraph 5 to read, "Whereas the City has determined this Comprehensive Plan change to be a minor amendment." Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to adopt Resolution No.2005-59. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2006 Property Taxes. Ms. Reynolds, 1241 Norton, asked why if you have a business the water is not shut off when it gets to be $2,014.41. She asked how long a period of time they had. Mayor Lund stated by certifying this to taxes, it is going to be tax forfeited if they do not pay it. Mr. Pribyl stated by ordinance it assesses a 10 percent penalty. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2005 PAGE 24 Councilmember Bolkcom said on top of the interest rate. Ms. Reynolds asked if the City gets that money. Mr. Pribyl stated by this action, this gets certified onto the 2006 taxes. It will actually be collected in with the first half and second half tax statements. This is a very positive means of collection for the City. MOTION by Councilmember Bolkcom to adopt Resolution No. 2005-62. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 25. Informal Status Reports. Mayor Lund said the Fridley Historical Society will be holding a second annual Hall of Fame ceremony at the Knights of Columbus Hall on November 12 at 12:00 p.m. Tickets are $15. Councilmember Bolkcom stated she wanted to remind everyone to go out and vote. 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 10:09 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 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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V ;� W a, . i'""�' U y � � „� � `a�� y �.n, � � F� a �+ �j � v� � �C� '"p° �>' .� �°�' ° � � .-� �; � '� � � � ,,� ao �d � � e-i '�� .�� 3 �� °� v,V >, Z � � U a� a� � � �; o .� `� � � ��" �--� .� � � � � � a 3 � ° p., "' :� °�j- � ° o.� ,� � U.� � .� � � � '� � Q � � �" Q � E-� �� c�i c� Ki c� �t o � o �.y � � � a � � O r. ^C Z a � �� 3 � <�::� � � �� - �� ne�spapers AFFIDAViT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Rirh�rd Hendric son, 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 knowledge 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: abcdefghijklmnopqrstwwxyz By: �- Title: CFO Subscribed and sworn to or affirmed before me on this 29 day of September , 2005. Notary ublic �; �,Tr�. � � �' aP'7� r c'' . - _ �� . 1�►-��. r• . �. D• 1 ''�!f=.}:. � J' RATE INFORMATtON (1) Lowest classified rate paid by commercial users $ 2.85 �er line for comparable space (2) Maximum rate allowed by law for the above matter $ 6 20per line (3) Rate actually charged for the above matter $.99 per line 4 �,EGAL NOTICES City of Fridley ( �au�' n1 Clty of Frlt�ey . Notice of Publlc Hearing Proposed Ordlnance to.Am�nd Chapter 405 of the FrkNoy Clty Code related to Cable Television Franchlse The City of Fri�ey, Ntinnesofa, will hold �a public hearing on Monday, October 24,. 2005, at 7:30 p.m., iri the City Council Chambers of"th5 Fridley Mur�cigal Center to. discuss a proposed ordlnance to amend Fridley Clty Code ChaQter ,40.5 Pgrtai��^9 � the cable _television firanchise. The .Municipal Centerds 4ocated.• at :6431 Univerelfy AY�nue NE, Fri�ley. MN 55432.,:. -::° qrn,: �Serson may speali to Ure City con- certilng the pri��posed ordmance,at.the.Wne : of th� public hearing. Any per$on (nay sulr . mit wr�t�en cori�ments by addressiiag"those comments to the City Elerk,_ Debra Skogen:' qny person wtio wishes td'sj�eaK, at #ie pub- -•Fic• hearirag rs requested to co�jtacf ttie Cdy ; Gletk pdor. to the public hearinQ or to sign up to speak at the public'hearin9 0^ a fist wfiich will ,be ..available in the City Council Chambers immediately prior to the hearing. �. The Cit�r. Gerlc's telephare number is. (763) 571-3450. .. - Hearing impaired persons planning to attend who need an interpreter. or other per- - sons•with disabilfties who require auxiliary aids should cor�tact.Roberta Calliris at 763- 572-3500 no later than August 18, 2003. The TDD number is 763-572-3534. Dated tl�s 22nd day of September 2005. Bjl: /s/ Debra A: Skogen. Cily Clerk Publlshed in the Fr7dley Sun Focus September 29. 2005 ( Sept: 29,. 2005}t21PHN Ordamend 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 operator of each cable television system s}�all be responsible for insuring that each such system is designed, installed, and oPerated in a mann� that fully camplies with the provisions of this subpart. (b) The operator of each cable television system shall conduct complete performance tests of tUat system at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted below. The perf�rmance tests shall be directed at detPrm?n�ng the extent to which the system complies with all the tecimical standazds set forth in §76.605(a) and shall be as follows: (1) For cable television systems with 1000 ar mare subscribers but with 12,500 or fewer subscribers, proof-of-performance tests conducted pursuant to this section shall include measurements taker► at six (6) widely separated points. However, within eacl�► cable systexn, one additional test twint shall be added for every additio�al 12,500 subscribers or fraction the�'eof (e•g•• ��es� P°�� if 12,501 W 25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). In additiam, for t,�lu�ically integrated portio�►s of cable systems that are not mechanically continuous (i.e., employing microwave co�nnections), at least ane test point will be raquired for each poztion of the cable system served by a technically integrated microwave hub. The proof-of-performance test points chosen shall be balanced to represent a11 geographic areas s�ved bY the cable system. At least oaie third of the test points sha11 be representative of subscriber teaminals most distant from the system input and from each microwave receiver (if microwave transmissions are empioyed), in te�ms of cable length. The measurements may be taken at convenient manitaring 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 subscriber tetmir►a1. An ide�ntificatia� of the instruments, including the makes, model numbers, and the most recent date of calibration, a d� p� a� procedures utiliz�, and a statement of the qualificatians of the person p�forminS also be included. (2) Proof-of-performance tests to determine the extent to which a cable television system caxnplies with the standards set forth in §76.b05(a) (3), (4), and (5) shall be made on eacli of the NTSC or similar video channels of that system. Unless otherwise as noted, p2'oof-of-performance tests frn' all other standards in §76.605(a) shall be made aai a minimwn of four (4) channels plus one additional channel for every 100 MHz, ar fraction t�►exeo� of cable distribution systex�► «pPer freyuency limit (e.g., 5 charmels for cable televisian systems with a c�ble disiribution system upper frequency limit of 101 to 216 MHz; 6 ct►annels for cable television systems with a cable distribution system upper frequ�cy limit of 217-300 MHz; 7 chmmels for cable television systems with a cable disrtribution upper frequ�cy limit to 30Q to 400 MHz, etc.). The channels selected for testing must be representative of all the channeLs within the rable televisiaa� system. (3) The operator of each cable television system sha11 conduct semi-sunual Pr°°f-of performance tests of that system, to determine the extent to which the system complies with the technical sTandards set forth in §76.605(a�4) as follows. The visual signallevel an each channel shall be measured and recorded, along with t�►e date and time of the measurement, once everY six hours (at intesvals of not less than five hours ar no more than seven hours af%r the previous measurement), to include the warmest and t�►e coldest times, during a 24 hour period 'u► January or February and 'm July or August. (4) The aperator of each cable television system shall conduct triennial proof-of performance tests of its system to deternune the extent to which the system complies with the technical standards set forth in §76.605(a)(11). (c) Successful completion of the perfornoance tests required by paragraph (b) of tbis section dces not relieve the system of the obligation to comply with all pertinent t�hnical standards at all subscribe.r terminals. Additional tests, repeat tests, or tests involving specified subscriber /`[�(�� T, � g yy,qp�� E� page 1 of 13 20050901REB 4 CiRIF� . � . � 39 Subpart K-Technical 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 subscn'bers: Provided, however, that any cable television systexn using any frequency sp�trum 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 required by this subpart. A cable television system operator complying with the monitoring, lagging and the leakage r�air requirements of §76.614, shall be considered to have met the requirements of this paragraph. However, the leakage log shall be retained for five years rath� than the two yeazs prescribed in §76.1706. Note 1 to &76.601: Prior to requiring any additional testing pursuant to §76.601(c), the local franchising suthority shall notify the cable operator who will be alla�wed thirty days to come into compliance with any perceived signal quality problems wluch need to be coirected The Commission may request cable operators to test their systems at any ti�. Note 2 to �76.601: Section 76.1717 contains recaadkeeping requircments for each system aperator in order to show compliance with the technical rules of tlris subpart. Nate 3 to 576.601: Section 76.1704 contains recordkeeping requirements for proof of performance tests. . . [65 FR 53615. Sep15. NIODI � . � . § 76.6021ncorporation by reference. (a) The mat�ials listed in this section are inccxporated by reference in this part. These incorporations by ref�ence we,re approved by the Director of the Federal Regist� 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 publishe�i in the Federal Register. The materiaLs are available for purchase at the corresponding addresses as noted, and all are available for inspection at the Federal Communications Commission, 445 12th. St, SW., Reference lnformation Center, Room CY- A257, Washington, DG 20554 and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARE1, call 202-741-6030, or go to: httn •//ww►v archivesigovffederal register/code of�'ederal regulations/ibr locatior�s html. (b) The following materials are available f� purchase from at least one of the following addresses: Glabal Engineering Documents,l5 Inverness Way East, Englewood, CO 80112 or at httn://Qlobal.ihs.com; or American National Standards lnstitute, 25 West 43`� Street, 4th Floor, New York, NY 10036 or at ht�://webstore.ansf.org/ansidocstore/defaudt.asn; or Society of Cable Telecommunications Engineers at ht1n://www.scte.or..g/standards/index.cfr�r ; ar Advanced Television Systems Committee, 1750 K Stre�, NW., Suite 1200, Washington, DC 20006 o� at httn:/lwww atsc.or�lstandards. (1) ANSI/SCTE 26 2001 (formaly DVS 194): "Home Digital Network Interface Specification with Capy Protection,,' 2001, IBR approved for §76.640. (2) (2) SCTE 28 2003 (formerly DVS 295): "Host-POD Inteaface Standard," 2003, IBR approved far §76.640. (3) SCTE 41 2003 (formerly DV5 301): "POD Copy Protection System," 2003, IBR approveci for §76.640. (4) ANSUSCTE 54 2003 (frnmerly DVS 241), "Digital Video Service Multiplex and Transport System Standard for Cable Television," 2003, IBR approved for §76.640. �TltviH WARTVER page 2 of 13 20050401REB ra R� ■ 40 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 Netwa�king," 2003, IBR approved for §76.640. - (7) SCTE 40 2003 (formerly DVS 313), "Digital Cable Netwark Interface Standard,"2003, IBR approve� fo� §76.640. (8) ATSC A/65B: "ATSC Standard: Pro�azn and Systein Informatiun Pratocol for Te�trial Broadcast and Cable (Revision B)," Marc� 18, 2003, IBR appzov� for§76.640. (9) CEA-542—B: "CEA Standard: Cable Television Channel Identification Plan," July 2003, IBR app�oved f� §76.605. [68 FR 66734, Nov. 28, 2003, as emended at 69 FR 18803, A�tt. 9, 2004; 69 FR 57861, Sept. 28, 2004] § 76.605 Technical standards. (a) The following requirements apply to the performance 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 televisian channel in the system: (1) The cable television channels delivered to the subs�riber's terminal sha11 be capable of being received and displayed by TV broadcast receivers used for off-the-air receptia�n of TV broadcast signals, as authorized under part 73 of this chapter; and (ii) Cable television systems shall transnit signals to subs�riber premises equipment on frequencies in ac�ordance with the c�annel allocation plan set fortr� in CEA-542—B: "Standard: Cable Television Channel Idea�tification Plan," (Incorpaa�ated by reference, see §76.602). (2) The a�al center freyuency of the sural carrier must be 4.5 MHz f 5 kHz above the frequency of the visual carriea� at the output of the modulating ar processing equipment of a cable television system, and ai the subscriber terminal. (3) The visual signal level, across a terminating impedance which coaectly matches the intanal impedance of the cable system as viewed from the subscrib�r tExminal, ahall not be less �an 1 millivolt across an internal impedance of 75 ohms (0 dBm�. Additio�lly, as measurod at the end of a 30 meter (100 foot) cable drop that is conn� to the subscriber tap, it shall not be less than 1.41 millivolts across an inteanal impedance of 75 ohrns (+3 dBm�. (At other impedance values, the minimum visual signal level, as viewed from the subseriber terminal, s1'►all be the square root of 0.0133 (Z) millivolts and, as measured at the �d of a 30 meter (100 foot) cable drop that is connec� to the subscriber tap, shall be 2 times the squaze root of 0.00662(� millivolts, where Z is the appropriate irnpedance value.) (4) The visual signal level on each channel, as meas�ed at the e,nd of a 30 meter cable cirop that is cAnne�ted to the subscriber tap, shall not vary mare than 8 dacibels within any six-month interval, which must include four tests performed in six-hour increments during a 24-hour period in July or August and during a 24 hour period 'm January ar February, and shall be maintained within: (i) 3 decibels (dB) of the visnal si�al level of any visual cauier within a 6 MHz nominal freguency separation; (u) 10 dB of the visuai signal level on any other channel on a cable television system of up to 300 MHz of cable distribtrtion system npper frequency limit, with a 1 dB increase for each additiamal 100 MHz of cable distrbution system npper frequency limit (e.g., t 1 dB for a system at 301-�WO MHz; 12 dB for a system at 4U1-500 MHz, etc.); and /'{��'JI TIME WAR�leR page 3 of 13 20050901REB `_ l'bRl / . � � � � � � . 41 Subpart K-Technical Standards 47CFR (76.601 to 76.617) (111�A maximum levei such that signal degradation due to overload in the subscriber's receiver or terminal - dces not occur. (5) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated visual signal levei. This requirement must be met both at the subscriber terminal and at the output of the modulating and processing equipm�t (generally the head�d). Fa subscxiber terminals that use equipment which modulate and re-modulate the signal (e.g., baseband converters), the rms voltage of the sural signal shall be maintainad between 6.5 and 17 decibels below the associated visual signal level at the subscriber terminal. (6) The amplitude characteristic shall be within a range of f2 decibels from 0.751vtIIz to 5.0 MHz above the lower baindary freyuency of the cable television channel, referenced to the average of the lughest and lowest amplitudes within these freque�cy boundaries. The amplitude c�aracteristic shall be measured at d�e subscriber terminal. (7) The ratio of RF visual sigr►al level W system noise shall not be less than 43 de�cibels. Fo� class I cable television channels, the requiremeats of this sedi� are applicable only to: (i) Each signal which is delivered by a cable television system to subscsibers within the predicted Grade B contour for thffi signal; (ii) Each sigual wtuch is first picked up within its predicted Grade B contour; (111�Each signal that is first received by the cable television system by direct video feed from a TV b�oadcast station, a law power TV station, or a TV translator station. (8) The ratio of visual signal level to the rms amplitu� of any coherea�t distaabances such as intea- modulation products, s�ond and third arder distortio�ns ar discrete-frequency interfering signals not operating on proper offset assignments shall be as follows: ` (i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for non- coherent channel cable televisia�n systems, when measured with modulated caaiers and time averaged; . and (u) The ratio of visual signal level to cohere� disturbances wlrich are frequency coincident with the visnal carrier shall not be less than 47 decibels for oohere� channel cable systems, when measw�ed with modulated carriers and time averaged. (9) The te�ninal isolation provided to each sul�scriber t�minal: (i) Shall not be less than 18 �bels. tn lieu of periodic testing, the cable operatar may use specificatiaas pmvided by the manufacturer for the tem�inal isolation eqnipme� to meet tlris standard; and (ri) Shall be sufficient to preveat reflections cansed by open-circuited or short-circuited subscriber terminals from producing visible picture impairmems at suy other subscriber terminal. (10)The peak tapeak variatian in visual signallevel caused by undesired low frequency disturbances (hum or repetitive transieirts) 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 requireanents apply to the perfarmance of the cable television system as measured at the output of the modulating or processing equipme.nt (generally the head�d) of the system: (i) The chrominance-luminance delaY ineqnalitY (or chroma de1aY). wluch is the change in delay time of the chrominance component of the signal relative to the h�minance compone�t, shall be within 170 nanoseconds. /`(��J/TlME'44rARNER page 4 of 13 20050901REB `_ l' 8 R 1 R � � � 42 Subgart K-Technical Standards 47CFR (76.601 to 76.617} {ii) The differential gain for the color sub-carrier of the television signal, which is measured as the difference in amplitude between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent), shall not exceed f20%. (ui) The differential phase for the color sutrcarrier of the television signal wluch is measured as the lazgest phase difference in degrees between each segment of the chrom;na+�c�p signal and refenence seg�ment (the segnent at the blanking level of O IRE), shall not exceed f10 degrees. (12)As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the type of signals carried by the cable television system, signal leakage frvm 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 limi.t Dietance D�°°�t° ' Frequencies mders(m) � � ia (micro-volt/ � ' � ' ' -- -------metere ) � �---------------------------------------------------- -----------------------, ; Lesa than and including 54 MHz, and wer 15 3� ; 216 MHz �----�------------------------------------------------------------------------------------� � Over 54 I+�iz u�_to_and including 216_t�z _______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 wluch, because of their basic design, cannot comply with one or more of the technical standards set forth in paragraph (a) of this section, ma.y be permitted to operate: Provided, That an adequate showing is made pursuant to §76.7 which establishes that 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 1: Local franchising autharities of systems serving fewer than 1000 subscribexs may adopt standards less string�t than th�e in §76.605(a). Any such agree�n�►t shall be reduced to writing and be associated with the system's proof-of-performance records. Note 2: For systems serving rural azeas as defined in §76.5, the system may negotiate with its local franchising aut�►a�ity foor standards less stringern than those in §§76.605ia)(3), 76.605(aX'n= 6.605(a)(8), 76.605(ax10) and 76.605(axl l). Any such agreeanent shall be reduced to writing and be associated widi the system's proof-of-performance recards. Note 3: The requiremex►ts of this section shall not apply to devices subject to the T'V interface device rules under part 15 of this chapter. Note 4: Should subscriber complaints arise fro�► a systsm failing to meet §76.605(a)(6) prior to D�ember 30, 1999, �e cable operat� will be required to provide a c�verte� ti�at will allow the system to me�t the standard immediately at �e complaining subscril�er's tenninal. F�ther, should the problem be found to be system-wide, the Commission may arder all converteas an the system be changed to meet the standard Note 5: Should subscriber complaints arise fram a system failing to meet §76.605(a)(10), the cable operator will be reyuired to remedy the co�apiaint and perform test measurements � §76.605(a)(10) c�ntaining the full number of channels as indicat� in §76.601(bx2) at die complaining subscriber"s te,rminal. Further, should the problem be found to be system-wide, the +� TIMH WARh1ER page 5 of 13 20050901REB 1Tr•sR�s . . . . � . 43 Subpart K-Technical Standards � 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 franchising autha�ity may prohiMt, condition, or restrict a cable system's u� of any type of subscriber equipmeirt or any hansmission t�hnology. [37 FR 3278, Feb. 12, 1972, as am�ded at 37 FR 1386T, July l4,1972; 40 FR 2690, Jaa 15, ! 975; 40 FR 3296, Jan. 21, 1975; 41 FR 53028, Dec. 3, t976; 42 FR 21782, Apr. 24, 1977; 47 FR 21503, May 18,1982; 50 FR 52466, Dea 24,1985; 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. L, 1992; 57 FR 6I010, Dec. 23, 1992; 58 FR 44952, Aug. 25,1993; 59 FR 25342, May 16,1994; b 1 FR 18510, Apr. 26, 1996; bl FR 189'78, Apr. 30, 1996; 65 FR 53616, Sept 5, 2000; 69 FR 2844, Jaa 2l, 2004; 69 FR 57861, 3ept. 28, 2004J § 76.606 Closed captioning. (a) As of June 30, 1992, the aperator of each cable television system shall n� take any action to remove ar alter closed captioaing data contained on line 21 of the vertical blanking nrterval. (b} As of July l, 1993, the operatar of each cable television system shall deliver intact closed captioning data cantained on line 21 of the vertical blanldng interval, as it azrives at the headend or from anather origination saurce, to subscriber terminals and (when so delivered to the cable system) in a format that can be recovered and displayed by de�oders meeting § 15.119 of this chapier. [57 FR i 1003, Apc. 1, 1992] § 76.609 Measnrements. (a) Measurements made to d�nonstrate conformity with the pafo�mance requiremerns set forth in §§76.601 and 76.605 shall be made under conditions which reflect system perfornoance during normal aperations, including the effect of any microwave relay operated in the Cable Television Relay (CARS) Service urtervenin� between pickup antenna and the cable distribution network. Amplifiers shall be op�ated at normal gains, eith� by the insertion of apprcypriate signals or by manual adjustmeut. Spacial signals inserted in a cable television chamiel far measurement purposes should be oparated at levels approximating those used for normal operation. Pilot tones, auxiliary ar substitute signals, and non-television signals normally cazried 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 this section. (b) Wh� it may be necessary to remove the television signal no�mally carried on a cable television channel in order to facilitate a perfonnance measureme�, it will be permissible to disconnect the antenna which serves ttie channel unda measureme� and to substitute therefore a matching resistance termination. Other antennas and 'uiputs should remain connected and normal signal levels should be maintained on oth� channels. (c) As may be necessary to ensure satisfactory savice to a subscdber, the Commission may require aclditiona� tests to demonstrate system pexformance ar may specify the use of different test procedutes. (d) The frequency response of a cable television channel may be determined by one of the following methods, as appropriate: (1) By using a swept frequmcy or a manually variable sigaal g�e,rator at the sending end and a calib�ated attenuator and frequency-selective voltmeter at the subscriber terminal; or (2) By using either a multi-biast generator ar vertical intesval test signals and either a modutator ar processor at the ser►ding e,nd, and by using eithea a demodulator and eith� an oscilloscape display or a waveform m�ito�r display at �e subscriber terminal. �jTIME WARNER page 6 of 13 C� RI i / � 20050901REB Subpart K-Technical Standards 47CFR (76.601 to 76.617) (e) System noise may be measured using a frequency-selective voltmet� (field strength meter) which has been suitably calibrated to indicate rms noise or average power level and wluch has a l�own bandwidth. With the system operating at normal level and with a properly matched resistive termination substituted for the autenna, noise power indications at the subscrib� terminal are taken in successive increments of frequency equal to the bandwidth of the frequency-selective voltmet�, s�ixrLm�ng the power indications to obtain the tatal noise power present over a 4 MHz band centered within the cable television channel. lf it is established that the noise level is constant within this bandwidth, a single measurement may be taken which is corrected by an appropriate facto�' representing the ratio of 4 MHz to the noise bandwidth of the frequency-selective voltmeter. If an amplifier is inserted between the frequency-selective voltmet� and the subscriber terminal in order to facilitate this measurement, it should t�ave a bandwidth of at least 4 MHz and appropriate corrections must be made to accourtrt far its gain and noise figure. Alternatively, measurements made in accordance with the NCTA Recommended Practices for Measiuements on Cable Television Systems, 2nd edition, November 1989, on noise measurement may be employed. ( fl The amplitude of discrexe frequency inte�rfering signals within a cable television channel may be determined with either a spectrum analyz� or with a frequency-selective voltmeter (field strength meter), which instruments have been calibrate�l far adequate accuracy. lf calibration accuracy is in doubt, measurements may be referenced to a cahbrated signal generator, or a calibrated variable attenuator, substituted at the ponrt of ineasurement. if an amplifiex is used between the subscnb� termixial and the measuring instrument, appropriate correctians must be made to account for its gain. (g) The terminal isolation between 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. Measur�nents of taminal isolation are not required when either: (1) The manufact�er's specificati�s for subseriber tap isfllati� based an a representative sample of no less than 500 subs�ribers taps or (2) Laborat�y tests performed by or for the operatar of a cable televisian system a► a representative sample of no less than 50 subscriber taps, indicates that the terminal isolation standard of §76.605(a)(9) is met. To demans�rate compli�ce with §76.605(ax9), the operat,as' of a cable television system shall attach eithea such manufacturet's specificatians or labaratory measurements as an exhibit to each proof-of-performance record• (h) Measurements to determine the field strength of the signal leakage emanated by the cable television system shall be made in accardance with standard engineaing procedar'es• Measurements made on fraquencies abave 25 MHz shall include the following: (1) A fieid strengih meter of adequate accuracy using a harizontal dipole ffi►tenna shall be employed. (2) Field stre�gth shall be expressed in teams of the rms value of synchronizing peak far eac}► cable television charmel for wluch signal leakage can be measured. (3) The resonant half wave dipole ante�a. shall be placed 3 meters from and positiaried directly below the systern components and at 3 meters above ground Whese such plac�nent results in a separatio�► of less th� 3 meters between the center of the dipole arnen� and the system components, or less than 3 metas between the dipole and ground level, the dipole shall be repositianed to provide a separation of 3 meters from the system campa�ents at a height of 3 meters or more above ground. (4) The horizarital dipole ani�na shall be rotated about a vertical axis and the maximum meter reading shall be used. �TIFr1E LwAFt1�ER page 7 of 13 20050901REB CaRI i �� Su6part K-Technical Standards � ■ 47CFR {76.601 to 76.617) - (5) Measurements shall be made where other conductors are 3 ar more meters (10 or more feet) away _ from the measuring antenna. (i} For systems using cable traps and filters to control the delivery of specific channels to the subscrib� tenninal, measurements made to d�ermine compliance with §76.605(a) (5) and (6) may be performed at the location immediately prior to the trap or filier far the specific chaxmel. The effects of these traps or filters, as certified by the system engineer or the equipment manufacturer, must be attached to each proof-of-performance record (j) Measurements made to d�ermine the diff�ential gain, differential 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°d edition, November 1989, on these parametas. [37 FR 3278, Feb. l2, 1972, as amended at 37 FR I3867, July 14, 1972; 4! FR 10067, Mar. 9, 1976; 42 FR 21782, Apr. 29,1977; 49 FR 45441, Nov.16,1984; 57 FR 11004, Apr. 1, 1992; 57 FR 61011, Dec. 23, 1992; 58 FR 44952, Aug 25, 1993] § 76.610 Operation in the freqnency bands 108-137 and 225�00 MH�—scope of application. The provisions of §§76.605(ax12), 76.611, 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 carriers or other sigaal components carried at an avaage power level equal to or great� than 10- 4 watts across a 25 kHz bandwidth in any 160 xnicrosecond period, at any point in the cable distnbution system in the &equency bands 108-137 and 225�00 MHz for any purpose. Excegtion: Non-cable MVPDs serving less than 1000 subscribers and less than 1000 units do not have to comply with §76.1803. 69 FR 57862, Sept 28, 2004] § 76.611 Cable tekvision basic signal leakage performance criteria. (a} No cable television system shall commence or provide service in the frequency bands 108- 137 and 225�400 Ml�z unless such systems is in compliance with one of the following cable television basic signal leakage performance criteria: (1) prior to carriage of signals in the seronautical radio b�nds and at least once each cale,ndar year, with no more than 12 ma�ths between successive tests thereafter, based on a sampiing of at least 75% of the cable strand, and inciuding any portio� of the cable system wluch are known to have or can reasonably be expected to have less leakage integrity than the average of the system, the cable operator demonstrates compliance with a cumulative signal leakage index by showi.ng either that (i) 10 �� 1� is eqnal to or less than -7 or (ii) 10�� 1� is equal to or less than 64, using one ofthe following formula: where: 1 "E,Z 1 "2 1�=o�Rfi,1�=o�1, Yl is t6e distance (in meters) betwcen the leakage source end the ceMer of the cable television system; T is the &action of the system cable length actually examined f� leakage sources and is equal to the strand kilometers (strand miles) of plant tested divided by the tote! strand kilometers (strand miles) in the plsnt; Ri is the slant height distance (in meters) from leakage source i to a point 3000 mecers above the center of ti� cable television system; - •�/y�yy TIME'WARNE'E3 page 8 of 13 20050901REB ` e•aR� s � � . . . . . . . . . � . � . . . 46 Subpart K-Technical Standards 47CFR (76.601 to 76.617) Ei is the electric field strength in microvolts per meter (µVlm) measured pursuant to §76.609(6) 3 meters from the Leak i; end n is the number of lealcs found of field strength equal to or greater than 50 µV/m pursuant to Section 76.609(h). The sum is cacried ovet all leaks i detected in the csble examined; or (2) prior to carriage of signals in the aeronautical radio bands and at least once each calendaz year, with no more than 12 months between successive tests thereafter, the cable operator dexnonstrates by measurement in the airspace that at no point does the field str�gth generated 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 systenn. The measurement system (including the re�eiving sute�na) sha11 be calibrated against a known field of 10 µV/m RMS produced by a well chazacteaized antenna consisting of arthogonal resonant dipoles> both parallel to and o�ne quarter wavelength above the ground plane of a diameter of two meters ar mare 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 tlus purpose it shall m�t the standards of the Radio Technical Commission far Aerar�sutics (RC.TA) for ae�r�sutical communicatia�s r�eivers. The aircraft anteawa shall be harizontally polatized. Calitaati� shall be made in �e coxnmunity unit or, if maze than one, in any of the community units of the physical system within a reasonable time period to performing the measiaements. If data is recorded digitally the 90th percentile level of points recarded over the cable system shall not exceed 10 µV/m RMS; if analog recordings is used the peak values of the curves, wh� smoothed according to good engineerin� practices, shall nat excee� 10 µV/m RMS. (b} ln paragraphs (axl) and (a)(2) of this section the un-modulated test signal used on the cable plaut sha1L• (1) Be within the VI� seronautical band 108-137 MHz or any other freque�ncy in wluch the results can be correlated to the VF� aera�autical band and (Z) have an average power level equal to �te average power level of the strongest cable televisia� carrier on the system. (c) In paragraph (a)(1) and (2) of this section, if a modulated test signal is used, the test signal and d�ectar technique m�ust, when consideretl together, yield the same result as though an un-modulated test signal w�e used in conjunction with a detection technique which would yield the RMS value of said un-modulated carrier. (d) If a sampling of at least 75% of the cable strand (and including any portions of the cable system which are known to have ar' can reasonably be expected to have less leakage integrity than the average of the system) as described in paragraph (a}(1) cannot be obtained by the cable operator or is otherwise n� reasonably feasible, the cable ope,rator shall perfarm the airs�ce measurements described in paragraph (ax2). (e) Priorto providing service to any subscriber on a new section of cable plaut, the ope�ator shall show compliance with either: (1} The basic signalleakage criteria in accordance with paragraph (a)(1) 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 plant exceeds 20 µV/m at 3 meters in accordance with §76.609 fo the Rules. (f} Notwithstanding paragraph (a) of this section, a cable operator shall Ue permitted to operate on any &equency which is offset pursuant to §76.612 in the frequency band 108-137 MHz for the purpose of demonstrating compliance with the cable television basic signal leakage pe,rformance criteria. [50 FR 29399, July l9, 1985, es amended at 53 FR 2494, Jan. 2S, 1988; 53 FR 5684, Feb. 25, 1988; 58 FR 44952, Aug. 25, 1993] § 76.612 Cable television frequency separation standards. �TIME wARtdER pagt 9 of 13 20050901REB t'6R1 i � . . . . . 47 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-�00 MHz, the frequency of all carrier signals or signal components catried at an average power level equal to or greater than 10- 4 watts in a 25 kHz bandwidth in any 160 microsecond peiiod must operate 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 maintainai are those frequencies which are within one of the aeronautical bands defined in t.�is snbparagraph, 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 carricxs ar signal component"s shall be offset by 12.5 kHz with a freque�cy toleaance of f5 kHz; oz (2) The fundamental frequeacy from which the visual carrier frequencies are daived by multiplication by an integer number which shall be 6.0003 MHz with a toIerance of f i Hz (Harmac�ically _ _ Related Carrier (HItC) comb generators a�ly). _ (b) In the aeronautical radio-navigation bands 108-118 and 328.G-335.4 MHz, the frequency of all carrier signals or signal components carri� at an average power level equal to or greater than 10- 4 watts in a 25 kHz bandwidth in any 160 microsecond period shall be ofiset 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) Witlun the aeronautical band 108-11$ MHz when expressed in MHz and divided by 0.025 yield an even integer. _ (1) Within the band 328.Cr335.4 MHz, the radio-navigatian glide path channels aze listed in Section 87.501 of the Rules. Nate: The HRC system, as described above, will meet this requirement in the 328.6-335.4 MHz navigatian glide path band. Those Incrementally Related Gazriers (IItG� systems, with co�b generata reference frequencies set at cerfain odd multiples equal to or greater than 3 times the 0.0125 MHz aerona�ical communicatia�s band offset, e.g. (6n + 1.250 f 0.0375) MHz, may also meet the 25 kHz offset rcquirement in the navigation glide path band [50 FR 24400, 7uly 19, 1985] § 76.613 Interference from a multi-channel video programming distributor (MVPD). (a) Harmful interference is any emission, radiation or induction which endangers the functioning of a radio navigatian s�vice or of other safety services ar s�iausly degrad�, obstructs or re�eatedly interrupts a radio communication service operating in accordance with tliis chapter. (b) An MVPD that causes harmful intexfaence shall promptly take apprapriate measures to eliminate the harmful interference. (c) If harmful interference to radio communications involving the safety of life and protection of prop�ty cannot be promptly eliminated by the application of suitable t�hniques, operation of the offending MVPD or appropriate elements thereof shall immediately be suspended upon notification by the District Directo� and/or Resideut Agent of the Commission's local field office, and shall not be resumed until the interference has been eliminated to the satisfaction of the District Directar and/or Resident Agent. When auth�ized by the District Dire�tor and/or ResiQent Agent, shart test operations may be made during the period of suspended _ operation to check the efficacy of remedial measures. f'(��`JRTI M E tNARN EFt page 10 of 13 20050901R.EB t" !' � R 1 O . . . . 48 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, corrective measures planned or taken, and the efficacy of the remedial measures. [42 FR 41296, Aug. ! 6, 1977, as am�ded at 62 FR 61031, Nov. 14, 1997j § 76.614 Cable television system regular monitoring. Cable television operators transmitting carriers in the frequency bands 108-137 and 225�00 MHz shall provide for a program of regular monitoring for signal leakage by substantially covering the plant every three moirths. The incorporation of this monitoring program into the daily activities of existing service pasonnel in the discharge of their normal duties will genaally 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 source 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 time. Note 1 to §76.614: Section 76.1706 contains signal leakage recordkeeping requirements applicable to cable operato�s. [65 FR 53616, Sept 5, 2000] § 76.616 Operation near certain aeronautical and marine emergency radio frequencies. (a) The transmission of carriers ar other signal componerrts capable of delivering peak power levels equal to or greater than 10- 5 watts at any poiut in a cable television system is prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited within SO kHz of the two frequencies 156.8 MHz and 243.0 MHz. (b) At any point an a cable system from 405.925 MHz to 406.176 MHz analog transmissians are prohibited from delivering peak power levels equal to or greater than 10- 5 wa.tts. The transmission of digital signals in this range is limited to pow�' 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. [64 FR 57862, Sept. 28, 2004] § 76.617 Responsibility for interference. Interference resulting from the use of cable system terminal equipment (including subscribe� 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 tbis ct�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 premi�ses and/or would cause the cable system to exceed the Part 76 signal leakage requirennents. 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 FR46619,Nov. 18, i989} § Sec. 76.1704 Proof-of-performance test data. �y} TIMEI�VARhIER page 11 of 13 20050901REB l e•sR� ■ � � .. I � Subpart K-Technical Standards ' 47CFR (76.601 to 76.617) (a) The proof of performance tests required by § 76.601 shall be maintained on file at the operator's local business of�ice for at least five years. The test data shall be made available for inspection by the Commission ar the local franchiser, upon request. (b) The provisions of paragraph (a) of this section sha11 not apply to any cable television systetn 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 accardance 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 cunent listing of the cable television channels which that system delivers to its subscdbers. § Sec. 76.1706 Signal leaka.ge togs and repair records. Cable operators shall maintain a log showing the date and location of each leakage source identified pursuant to § 76.614, the date on which 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 signalleakage log is being used to mect proof of performance test r�ordkeeping requiremea�ts in accordance with § 76.601, such a log must be retained for the period specifled 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(a}(1) or airspace measurements daived in accordance with § 76.611(a)(2), including a description of the method by which compliance with basic signal leakage criteria is actueved 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 freqnencies: Ieakage Monitoring (CLI) An MVPD shall notify the Commission before transmitting any carrier or oth� signal component with an av�age power level across a 25 kHz bandwidth in any 160 microsecond time period equal to ar greater than 10-4 watts at any poi� in the cable distxY�bution system on any new frequency ar frequencies in the aeronautical radio frequency bands (108 - 137 and 225 - 400 MHz). The notification shall be made on FCC Form 321. Such notification shall include: (a) Legal name and local address of the MVPD; (b) The names and FCC identifiers (e.g., CA0001) of the system communities affected, far a cable system, and the name and FCC ide�tifi� (e.g., CAB901), far o�lhier MVPDs; (c) The names and tel�hone numbers of local system officials who are responsible far 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 tke maximum of those average powers measured over a 25 kHz bandwidth as described above in this rule section; (e) The geographical coordinates (in NAD83) of a ponrt near the center of the system, toge�her with the distance (in kilometers) from the designated point to the most remote point of the plant, existing ar planned, that defines a circle enclosing the entire plant; (� Certification that the monitoring procedure used is in compliance with § 76.614 or description of the routine monitoring procedure to be used; and TI M E WARN EE2 page 12 of 13 20050901 REB l•►RI � � . . . 50 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 signalleakage criteria is achieved and the method of calibrating the measurement equipment. (h} A�onautical Fraquency Notifications, FCC Form 321, shall be p�sonally signed either eledronically or manually by the opaator; by one of the partners, if the operator is a partnership; by an officer, if the operator is a corparation; by a member who is an officer, if the operator is an unincorporated assaciation; ar by any duly authorized employee of the operator. (i) Aaonautical Frequency Notifications, FCC Form 321, may be signed by the opaato�'s attarney in case of the operator's physical disability ar of his 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 attorne�s knowledge), the attorney shall separately set forth the reasons for believing that such stateme�s are true. (j) The FCC Registration Number (FRN). § Sec. 76.614 Cable television system regular monitoring. Cable television operators transxnitting carriers in the frequency bands 108-137 and 225-400 MHz shall provide for a�xogram of regular monitoring far signal leakage by substantially covaing the plaYrt every three mouths. The incorporation of this monitoring program into the daily activities of existing service personnel in the discharge of their normal duties will generally cover all portions of the system and will th�efore meet this ret�uirement. Manitoring equipment and procedures utilized by a cable c�►eratar 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 source wluch produces a field strength of 20 uV/m � 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 time. Note 1 to §?6.614: Sectian 76.1706 contains signal leakage reca�'dkeeping require�nents applicable to cable operato�s. [b5 FR 53616, Sept 5, 2000) �TIF11E tiVARN�R page 13 of i3 20050901REB e•s R� � . � � .. � . . 51 tltGREi[i}:fli�:�� '�tinncapuli� __._. i��r'c'[�IIG +:nt'�r�i��+ F'rairie 'i.�[ii 94tti��{�rn Ft"t'i'1��1f�r a�!'�r��tH� kicP+Grftl FC"�`C::l•4U ;4t.^dl}j�K; Fdina f�f`C � f'€E) y4t>fti34? Nopkinti F'r,`i� t�(. tl.} �R!V!I!`1;K (ikexFmin�6r�n NC't ('1 il:} kLl'�:J11t�i FridM�t rc.C'[`t'ii; u\t�(xi:- wi. 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Title 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 II. Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapter 405, Cable Franchise, is hereby deleted in its entirety and replaced with a Section 405A Most of the changes from the language being repealed are either minor corrections or of a technical nature. In summary, Section 405A would eliminate a requirement of a local studio and local origination programming; as a result of "bundling" of services, this would prevent Tim Warner from using cable service as a loss-leader enticement to attract customers to its non- franchise services; discounts offered to customers must be proportionately shared by all services offered in the "bundled" package; and, 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. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the Cable Franchise. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx DAY OF NOVENIBER 2005. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: October 24, 2005 First Reading: October 24, 2005 Second Reading: November 7, 2005 Published: November 17, 2005 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 7, 2005 William W. Burns, City Manager Don Abbott, Director of Public Safety Bob Rewitzer, Captain November 3, 2005 2N� 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." 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 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. Staff believes that this ordinance applies reasonable regulations to permit license holders to conduct social skill card game tournaments. A first reading of this ordinance was held on October 24, 2005. Staff recommends a second 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: October 24, 2005 Second Reading: Published: ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An ordinance Amending Chapters 11, 602, 603 and 606 of the Fridley City Code Allowing Tournaments of Card Games of Social Skill II. Summarv The City Council of the City of Fridley does hereby ordain as follows: 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 by requiring a license for a Social Skill Card Game Tournament Service Provider. In addition an amendment to Chapter 11 is necessary to set the license fee for the Social Skill Card Game Tournament Service Provider. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City Code of the City of Fridley as it relates to card games of social skill. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. 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 First Reading: October 24, 2005 Second Reading: November 7, 2005 Published: November 17, 2005 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF November 7, 2005 William W. Burns, City Manager Don Abbott, Director of Public Safety Bob Rewitzer, Captain November 3, 2005 2N� READING OF AN ORDINANCE AMENDING CHAPTERS 601, 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING ADMINISTRATNE OFFENSES An administrative offense allows the 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. Two additional changes to Chapter 602 (Beer) and Chapter 603 (Liquor) permit 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. 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. A first reading of this ordinance was held on October 24, 2005. Staff recommends a second 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: October 24, 2005 Second Reading: Published: ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title An ordinance Amending Chapters 602, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses II. Summarv The City Council of the City of Fridley does hereby ordain as follows: Sections 601, 602, 603 and 606 of the Fridley City Code are being amended to provide the public and City with an informal, cost effective and practical alternative to traditional criminal charges for violations of the City's liquor code for selling or serving to minors. This ordinance establishes administrative penalties and provides procedures to follow similar to that in Chapter 12 of the City code relating to the sale of tobacco and tobacco products. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City Code of the City of Fridley pertaining to the liquor code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. 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 First Reading: October 24, 2005 Second Reading: November 7, 2005 Published: November 17, 2005 � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 November 7, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Rick Pribyl, Finance Director Julie Jones, Planning Coordinator Subject: First Reading of Ordinance Related to TA #OS-09, Text 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 reference of a$25 assessment fee for tree abatements needs to be removed to allow staff more flexibility to recover the true cost of these assessments. The assessment filing cost of an individual assessment varies depending on how many assessments are filed at the end of the year. In some cases that cost may be more than $25, but in some cases it may be less. Staff had initially proposed making the assessment fee 25% to match administrative fees related to public nuisance assessments. However, further analysis has shown that the 25% fee may be more in some cases than the City's actual costs to administer the assessment. As a result, staff recommends the modification found in the attached ordinance's final sentence, which simply states that the City will add all assessment related costs to each individual assessment. The City Council held a public hearing on October 24 to consider language for a text amendment to establish a 25% assessment fee for all types of assessments. However, during a subsequent discussion, staff concluded they wanted to re-evaluate the proposed language. The revised ordinance reflects those changes, which focus less on a percentage and more on simply recovering associated costs. Recommendation Staff recommends that the Fridley City Council hold a first reading of the attached ordinance related to text amendment TA #OS-09 at its November 7 meeting. M-OS-129 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�'m;r;�*r�*;�,° All assessment related costs ^� Q��.nn � r°��'� '�* �r „�r�°' shall be added to each assessment. (Re£ 931) 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: October 24, 2005 First Reading: November 7, 2005 Second Reading: November 21, 2005 Published: � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 William W. Burns, City Manager John Berg, Fire Chief October 25, 2005 Text Amendment - City Code Chapter 220.13 I am recommending a text amendment to City Code, Chapter 220.13, Licensing. The text which designates specific fees for licensing rental property was removed and replaced by text referencing fees to Chapter 11, Fees. By doing this, fees could be changed in Chapter 11 without having to make changes to both Chapter 11 and Chapter 220. Currently, the fees referenced in Chapter 220 do not match the fees designated in Chapter 11. I am also requesting the addition of text to include licenses that have been "denied at the time of renewal" by Council. The City Attorney has made it clear that the process for revoking or suspending a license requires a hearing and could be a significant cost to the City to process. Our best tool for compliance appears to be denying a license at the time it is scheduled to be renewed. : ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 220 OF THE FRIDLEY CITY CODE, RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE, AS IT PERTAINS TO REINSPECTION 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: That Chapter 220 of the Fridley City Code be hereby amended to read as follows: 220.13. LICENSING 3. Fees A. The annual license fee shall be as provided in Chapter 11 of the City Code. B. At the time that a third inspection of a dwelling or dwelling unit is needed for an uncorrected violation, a reinspection fee shall be charged to the owner. The reinspection fee shall be as provided in Chapter 11 of the Cit.� °�°*�� ^��°r° �Qtin nn� for each reinspection needed after the initial inspection and the second inspection. No license shall be issued until all outstanding reinspection fees have been paid. If a dwelling or dwelling unit is licensed, the license may be denied at the time of renewal or revoked or suspended in the manner described in Section 220.13.09. C. In order to restore a license for a rental dwelling or dwelling unit which has had its license denied at the time of renewal or revoked or suspended, the license application shall be accompanied by the license fee °�' *� �°'��„�'r°�' �„�' ��*�� r° ��* �, cno�� „� *'�° ��' '��°�°° �° as provided in Chapter 11 of the Citv Code. D. A fee ^�*T��°�*�� ° �'�"�r° «�c nn� as provided in Chapter 11 of the Citv Code shall be paid when filing the license Transfer Form as required in Section 220.13.08. 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 First Reading: Second Reading: Publication: CITY OF FRIDLEY PLANNING COMMISSION OCTOBER 19TH, 2005 CALL TO ORDER Chairperson Savage called the regular meeting of the Planning Committee to order at 7:30 p.m. ROLL CALL Members Present: Members Absent: Diane Savage, Barbara Johns, David Kondrick, Larry Kuechle, Brad Dunham, Dean Saba Leroy Oquist Others Present: Stacy Stromberg, City Planner Grady Kinghorn, Kinghorn Construction Rick Strayer, Woodcrest Baptist Church Dean Eberhard, 436 Rice Creek Boulevard Beverly Eberhard, 436 Rice Creek Boulevard Pam Reynolds, 1241 North Avenue NE Paul B. Gunderson, 413 Rice Creek Boulevard APPROVE PLANNING COMMISSION MEETING MINUTES - September 7th, 2005 MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. PUBLIC HEARINGS 1. Consideration of a Special Use Permit, SP #05-03, by Kinghorn Construction, for Woodcrest Baptist Church, to allow an expansion of an existinq Church in an R-3, Multi-Family Zoninq District, qenerally located at 6875 University Avenue NE. MOTION by Commissioner Kondrick, seconded by Commissioner Kuechle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Ms. Stromberg provided a brief overview of Woodcrest Baptist Church and their request for this special use permit. The petitioner, Grady Kinghorn of Kinghorn Construction is representing Woodcrest Baptist Church, in their petition to seek a special use permit to allow an expansion to the existing church, which is located in an R-3, Multi-Family zoning district. The church is located at 6875 University Avenue. Woodcrest Baptist Church expansion will be an addition on the northwest side of the existing church building and will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities which will provide easier access for the congregation. Planning Commission, October 19�h, 2005 � The property is located on 69th Avenue, just east of University Avenue and is zoned R-3, Multi- Family. The church was originally constructed in 1965. A two-story addition used for administration and classroom use was constructed in 1974 and in 1985 a gymnasium was added to the south side of the church building. A special use permit was issued for the gymnasium addition in 1985 to allow an expansion of a church use in a residentially zoned district. Currently, the existing church space combined with the gymnasium space is 23,719 square feet. Woodcrest Baptist Church currently has approximately 400 worship members. The church also operates a school which provides education for children age's kindergarten through 12th grade, with approximately 220 students. Churches are permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking, subject to the stipulations suggested by staff. All of these requirements are being met with the new proposal, with the exception of the parking setback on the north and west sides of the property. City code requires a 20 ft. parking setback from any public right-of-way. The parking setback on the west side of the property is deficient as a result of the State acquiring additional land for University Avenue. As a result of the highway taking, the parking lot on the west side of the property is set back two feet from the property line. Therefore, the petitioner has applied for a variance to recognize the existing parking setback from 20 feet to 2 feet. They are also seeking a variance to reduce the parking setback on the north side of the property from 20 feet to 5 feet. The current curb line is over the petitioner's property line; by reducing the setback from 20 feet to 5 feet will bring the parking lot further south than it currently is. Both of these items will go before the Appeals Commission on October 26th, 2005. Currently, the Woodcrest Baptist Church property has 226 parking stalls. City Code requires one parking stall per every three seats. After the proposed addition, the church will have 580 seats in the assembly facility, therefore requiring 194 parking stalls. After the addition is constructed, the site will be left with 195 stalls, which meets code requirements. The proposed addition will be constructed of rock faced block, precast concrete and brick to match the existing structure. The proposed addition meets all setback, height and lot coverage requirements. The petitioner has been in contact with the Rice Creek Watershed District regarding any ponding and storm water treatment devices that might need to be constructed as a result of the proposed expansion. Due to the fact that there will be a slight decrease in impervious surface, the Watershed has determined that a biofiltration system is an acceptable alternative to infiltration. The biofiltration system is essentially a rain garden area. The petitioner is proposing to put this system on the west side of the proposed addition. This location and size will need to be approved by Rick Creek Watershed District. City Staff recommends approval of this special use permit request as churches are permitted special use in the R-3, Multi-Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to the following stipulations attached. City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. Planning Commission, October 19�h, 2005 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff to issuance of a building permit. 9. Petitioner shall satisfy Rick Creek Watershed requirements prior to issuance of a building permit. Commissioner Savage questioned if the Planning Commission should stipulate that this request is dependent upon the approval of the variance requests. Ms. Stromberg responded that the Planning Commission could add that additional stipulation if they felt it was necessary. If the variance is not approved they would need to move the parking lot. Commissioner Kondrick questioned the parking lot stall width. Mr. Stromberg stated that the width is nine feet wide. Commissioner Kondrick questioned if more parking is needed, how would the church comply and where would they park the cars if the congregation grew larger than anticipated. Ms. Stromberg mentioned that staff has spoken to Woodcrest Baptist Church about the possibility of obtaining land north of the current lot. The city owns this property and it could be sold and used for more parking if needed. The city does not have to sell this land but it would be a potential expansion site. If more than 100 additional stalls are needed, the church would have to relocate. Commissioner Kondrick stated that currently there seems to be enough room along the north and west side for plantation of trees and shrubs to shield the parking lot. He questioned if there were any landscaping plans. Ms. Stromberg commented that they do have a landscaping plan that will need to meet all code requirements. Currently there are mature trees on site and those trees will not be in the way of the proposed construction plans. Commissioner Savage stated that currently there is a line of small evergreen trees along University that provides a shield. Commissioner Kondrick questioned if an irrigation system will be installed. Ms. Stromberg responded that an irrigation system is required to meet code requirements. Commissioner Kondrick questioned if any neighbors have responded to this proposal. Ms. Stromberg stated that she received one call for clarification of this meeting date and time. Planning Commission, October 19�h, 2005 Mr. Kinghorn, petitioner, shared an elevation drawing. It was discussed in detail the type of materials that will be used such as asphalt shingles, adding more glass and brick to create a softer look. The church currently uses all square footage for their school and this expansion will allow additional classroom space. Ms. Everhart, 436 Rice Creek Blvd., stated that the gymnasium and school face her back yard. She questioned if this new expansion will include any upgrading of existing buildings. The siding on the current building is peeling off and woodpeckers are making holes in the current buildings. These buildings were added in 1985 and nothing has been maintained nor has improvements been made to the existing exterior. Mr. Kinghorn responded that any maintenance on the existing building would not be contracted by Kinghorn Construction. Mr. Strayer, the building chair for Woodcrest Baptist Church said the deacon board has discussed the need for maintenance of existing buildings and it is in the budget of the capital campaign. Funds will be generated to take care of the east side of the building and maintenance tended to when funds are available. Commissioner Kondrick questioned when this issue will be addressed. Mr. Strayer stated that timing depends on the capital campaign. They hope to resolve this issue at the same time of the new construction. He estimated two years maximum time to complete the maintenance. Ms. Everhart questioned what type of siding would be used to fix the building. Mr. Strayer stated that they would use the same type of siding. They have not priced out materials but once the building is fixed, it will be stained and maintained. Mr. Kondrick commented that we need to be good to our neighbors in upkeep of our properties. Mr. Gunderson, 413 Rice Creek Blvd., lives next to the Woodcrest Baptist parking lot and stated that they have been good neighbors. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Commissioner Saba, seconded by Commissioner Kondrick, to recommend approval of Special Use Permit, SP #05-03, by Kinghorn Construction, for Woodcrest Baptist Church, to allow an expansion of an existing church in an R-3, Multi-Family zoning district, generally located at 6875 University Avenue, with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. Planning Commission, October 19�h, 2005 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff to issuance of a building permit. 9. Petitioner shall satisfy Rick Creek Watershed requirements prior to issuance of a building permit. This will be brought to the City Council on November 7th, 2005 at 7:30 p.m. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Zoninq Text Amendment, ZTA#05-03, by the City of Fridley, to amend the S-1 Hyde Park Neiqhborhood Zoninq District, Section 205.23.5D(1-2), to reduce front and side yard setbacks. MOTION by Commissioner Johns, seconded by Commissioner Kuechle, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:55 P.M. Ms. Stromberg stated that staff has begun to review preliminary plans for the Fridley HRA's Gateway West redevelopment project in the Hyde Park neighborhood. They have discovered an oversight in the S-1, Hyde Park zoning language. When front yard setbacks were changed in the R-1, Single Family, section of code five years ago, staff did not suggest that the same change be considered in the Hyde Park District. In addition to the change in the minimum front yard setback, staff finds a need to reduce the side yard setback requirements in the Hyde Park District. Due to smaller lot sizes dominating the Hyde Park District, the neighborhood is in a separate zoning district, which has less strict requirements for lot width, garage space, and parking. However, the side yard setback requirements are the same as those in the R-1, Single Family, zoning code language. Many existing homes do not meet the required 10' side yard setback. There are many homes and garages that do not meet the proposed 7.5' setback either. Therefore, staff is proposing that the text amendment be worded to only apply to new construction to avoid making more properties nonconforming. Staff suggests that the new homes may better fit into the neighborhood if the side yard setbacks are reduced. A seven and one-half foot setback would still ensure 15' between any two buildings, providing ample space for maintenance and open space. Staff recommends approval of ZTA #05-03, reducing the front yard setback in the Hyde Park District from 35 feet to 25 feet, and reducing the side yard setback from 10 feet to 7.5 feet. Commissioner Kuechle asked where they measure the garage roof from. Ms. Stromberg stated that it is measured from mid span to the average grade. There is a 14 foot requirement in the R-1, Single Family zoning district. Planning Commission, October 19�h, 2005 Commissioner Kondrick questioned if someone wanted to build a garage with a special design such as a peak roof are we limiting ourselves with design. Ms. Stromberg stated that if the new structure would exceed 15' in height, they would need to ask for a variance. Ms. Johns mentioned that the measurement is from the average grade and most structures will still meet the code requirements. Ms. Stromberg stated that this specific code is for the Hyde Park district. Commissioner Kondrick mentioned that the goal is to make the Hyde Park area beautiful and is concerned this would limit the buyer's options. Ms. Stromberg stated that this will not apply for new construction, only for existing construction. All new construction will need a 7%2' side yard setback. This will allow the home to be centered on the lot and allow different designs. According to the builder it would allow them to wrap the garage around the back of the home and many other options would be available. Ms. Reynolds came forward with three concerns regarding the proposal. 1. The S-1 text is being altered and it seems we are changing this for a specific area. Several areas are subject to R1 regulations. Why not just add specific language in a separate addition? 2. By changing the side yard to 7%2 feet are we going to have any problems regarding emergency equipment access? 3. Lastly, it seems like we keep changing codes to benefit the developer. Ms. Stromberg stated that nothing else has been proposed to be changed in language of the S-1 code related to the Hyde Park area and changing the side yard to 7%2 feet will not be a hazard for emergency equipment access. The text change is not to benefit the developer only, but it will spur reinvestment in existing homes and benefit all in the Hyde Park area. This change will allow people to reinvest in their own property. Ms. Reynolds questioned if all parcels of land will need to qualify for the new side yard requirements. For example if she bought two houses and tore them down would she have to comply with the new side yard requirements? Ms. Stromberg responded that if your house was destroyed via a natural disaster such as a fire or tornado and you built the same exact home, you would be able to use the old set back codes. However, if you changed your floor plan, square footage etc. you would have to comply with the new codes. If you purchased a home, demolished it and built a new home, you would have to comply with the new codes as well. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M. Commissioner Saba commented that he can see the benefit of this code change and thinks this area will be great. Planning Commission, October 19�h, 2005 Commissioner Kondrick agreed that this will be a great neighborhood and will make the area look sharp. MOTION by Commissioner Kuechle, seconded by Commissioner Saba, to approve the ZTA #05-03, reducing the front yard setback in the Hyde Park District from 35 feet to 25 feet, and reducing the side yard setback from 10 feet to 7.5 feet. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 1, 2005, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Commissioner Kondrick, seconded by Commissioner Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE AUGUST 16, 2005, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. MOTION by Commissioner Johns, seconded by Commissioner Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE SEPTEMBER 20, 2005, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. MOTION by Commissioner Johns, seconded by Commissioner Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE SEPTEMBER 12, 2005, PARKS AND RECREATION COMMISSION MEETING. MOTION by Commissioner Kondrick, seconded by Commissioner Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS 7. Consideration of approval of the 2006 Planning Commission meeting dates. MOTION by Commissioner Kondrick, seconded by Commissioner Johns, to approve the 2006 Planning Commission meeting dates as presented by staff. Planning Commission, October 19�h, 2005 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg reminded that the next meeting will be November 2nd, 2005. ADJOURNMENT: MOTION by Commissioner Johns, seconded by Commissioner Kondrick, to adjourn. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted by, Krista Monsrud Recording Secretary � � CffY OF FRIDLEY T�: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 William W. Burns, City Manager Jon Fi. Fiaukaas, Public Works Director I`lovember 3, 2005 Approval of 2005 - 2006 Winter Snow Plan PW05-058 Attached is the 2005 - 2006 Snow Removal Operations Policies and Procedures with maps. This document gives an overview of equipment, responsibilities, plowing and sanding policies, districts, emergency plan reference and the responsibilities of other jurisdictions. The other attachments include the snowplow district and equipment assignments, Emergency Snow Removal Procedures policy, assignments and map and the Priorities on Sidewalk Plowing. All personnel have been prepped for their duties during snow plow operations. We will have two new employees coming on board and we will use our alternate plow drivers to train them and ensure things go smoothly. To ensure the City has a reasonably defensible snow removal plan, I recommend the City Council adopt this plan by motion for the 2005 - 2006 winter snow season. Jtiti:cz Attachments SNOW REMOVAL OPERATIONS POLICIES AND PROCEDURES The Fridley Public Works Department is engaged in a continuing effort to provide improved snow removal services, and yet keep expenses in balance with the current budget appropriation. For street snow removal, the City currently deploys 20 pieces of equipment. Each of the 10 residential snowplow districts and the 2 industrial districts has a major piece of equipment dedicated to clearing snow from its roadways. These 11 major pieces of equipment are made up of 5 dump trucks with one-way plows and wing plows, 1 flatbed truck with a one-way plow, 1 dump truck and 2 pot patcher trucks with one-way plows and underbody plows, and 3 loaders with directional plows and wing plows. Six of these trucks are also equipped with sand spreaders for use when ice and slippery conditions exist. There are 8 minor pieces of equipment are used to supplement the major equipment and to clear cul-de-sacs, dead end streets, improved alleys, municipal parking lots and concrete sidewalks. These 8 pieces are comprised of 6 4x4 pickups, 1 1-ton 4x4 truck and 1 sidewalk plow/snowblower. The Public Works Director has overall responsibility for snow and ice control operations. The Street Supervisor has direct responsibility for supervising the day-to-day operations, such as determining when to call out manpower, equipment needs, ordering materials, etc. The Street Supervisor utilizes weather services and reports, police reports, citizen input and consults with the Director when necessary to determine when to initiate the snow plowing operation. Our policy is to begin snow removal operations after the snow storm has subsided, normally in the early morning hours. However, if the storm ends in late evening, the crews are called out in an attempt to clear redline collector routes by morning rush hour. If a storm is predicted to last unreasonably long, or heavy accumulations appear imminent, full snow plowing operations begin on the redline collector routes in eight districts when accumulations become hazardous for driving. Based on different storm situations and severity levels, the starting time frames are flexible. For blizzard or high wind storms, plowing does not commence until the storm subsides. For economy purposes, weekend snow storms will be reviewed for impact and delay in starting times to minimize overtime costs. Whenever ice or slippery conditions develop, sanding crews are dispatched to the six sanding districts (see attachment A- Sanding Districts). Sand and salt mixtures are spread over ice or slippery areas. The sand provides an abrasive to help melt the ice. We are currently using straight salt in the Melody Manor, Rice Creek Plaza, Rice Creek Terrace, Sylvan Hills, Hyde Park, Christie and Florence Park neighborhoods. Salt is less effective below 20 degrees F, therefore, sand may be used to a limited degree in these areas if extreme cold follows an icing condition. The Public Works "on call" employee upon notification of slippery conditions by the Police Department is authorized to respond with up to two additional personnel to sand or salt slippery areas. If more personnel are needed, the "on call" employee will notify the Public Works Director or Street Supervisor of the need for additional personnel. When snow removal operations begin, redline collector routes are plowed first. (See Attachment B- Redline Collector Routes map). It takes approximately 4 to 6 hours (depending upon the snowstorm) to complete these routes. These streets have been declared redline routes because they allow residents and emergency vehicles faster and better access to the highways and into all areas of Fridley. The City is divided into ten snow plowing districts after the redline collector routes are plowed. (See Attachment C- Snow Plowing Districts map). In each district, there are four alternating starting points. After each snow, the starting points will change. It takes approximately 6 to 8 hours to complete snow plowing operations on the remaining streets. This results in providing clean, safe streets 12 to 16 hours after an average snow storm. There are 86 cul-de-sacs and 35 dead-end streets in Fridley. It takes considerable time before the smaller and specialized equipment can complete the cul-de-sac areas. A snowplow may complete the regular street and a portion of the cul-de-sac area. The major portion of the cul-de-sac will be plowed by the special equipment within the total time of the snow plowing operation. Concurrent with the plowing of the streets and cul-de-sacs, the sidewalks, improved alleys and municipal parking lots are also plowed. We do not plow bikeways or asphalt paths, we only clear concrete sidewalks. Cleanup operations begin on the next normal working day after the snow removal operations have been completed. This includes cul-de-sac clearing and hauling, intersection clearing, sidewalks, traffic light areas, bus stops, and winging back on boulevards The snowbird vehicles parked on streets during a snow storm create problems for snow removal operations. City ordinance prohibits vehicles from parking on City streets from 2:00 a.m. to 6:00 a.m. and during any snow removal operation from November 1 to April 1 of each year. Snowplow drivers report snowbirds to the Police Department. Depending on available police personnel, tickets are issued, if the vehicle is not removed. Vehicles that are blocking the street are towed away. Snowbirds that are still parked when cleanup operations begin are towed and impounded under the direction of police personnel. For larger storms predicted to be over 8 inches and up to 15 inches or storms of longer duration, City crews may begin plowing when streets are covered by approximately 6 inches of snow. Crews will follow our standard snow plowing format of concentrating on the redline streets first and then moving into the residential neighborhoods. Once the storm is substantially over, crews will begin a final city-wide plowing operation cleanup. For a major storm over 15 inches, our alternate plan comes into effect. The City is sectioned into 10 districts (see Attachment D- Emergency Snow Removal Plan) and the personnel are established into two 12-hour shift crews. The redline streets are plowed first and then the remaining streets in the district are plowed. The major difference is only one pass is made down the center of each street initially. Once all streets are opened, the crews then go back and start clearing the roads full width. This continues until all the streets are cleared by rotating the crews through their shifts. MnDOT is responsible for clearing TH 47 (University Avenue), TH 65 (Central Avenue) and I-694. Their policy is black pavement and run teams down the highway as the snow storm progresses. Anoka County plows East River Road, the 44th Street bridge, Main Street to 57th, 57th to University, 49th between Main Street and University, Mississippi Street, Osborne Road, 85th and Old Central. The County also varies its starting points and attempts to clear to black pavement. 11/OS H:�nyfiles\snow�2005\snow Remove Proc EMERGENCY SNOW REMOVAL PROCEDURES We differentiate between a"normal snowfall" and what we would call an "emergency snowfall." An "emergency snowfall" is a snowfall of 15 inches or more that is projected to fall within a 24 hour period. 2. When there is a projection of an emergency snowfall, the snow plowing procedure will begin when there is 6 inches of snow on City streets. The Police Department will have the responsibility for notifying the Public Works Department of the existence of 6 inches of snow on the streets. Once the plowing for an emergency snowfall has been decided, Public Works employees will be divided into two 12-hour shifts beginning at the time they are called out. 4. Each shift will consist of eight employees who will operate five dump trucks and three front-end loaders. Each group of eight employees will be assigned to one 12-hour shift. In addition to the eight employees assigned to each shift, another employee shall be assigned as needed to address particular problems. He may, for example, be assigned to digging out cul-de-sacs, plowing sidewalks, and plowing City parking lots. The storm and/or any other circumstances surrounding the storm will dictate the use of any additional employees. These employees will also be available to assist the Police and Fire Department with emergency operations (i.e., police calls, medical and fire emergencies). The Police Department will take the primary responsibility for responding to questions from citizens. It was agreed that the Police Department personnel will be updated approximately every two hours. Personnel will keep maps and be responsible for plotting the progress of the snow removal crews as reported. 6. As the plows are working during a major snowfall, they will make an initial pass in each direction through redline streets and then residential streets. Efforts toward plowing curb to curb will not be made until all streets have been opened to traffic. It is understood that there will be difficulties with cul-de- sacs and driveways being plowed shut on a number of occasions and with cars being parked on the streets. Revised: 11/OS h: \myfiles\snow\2005\emergency_removal PRIORITIES ON SIDEWALK PLOWING L Mississippi Street from University Avenue to Highway 65 2. 7�' Street from Mississippi to 61gt 3. 615t from University to Highway 65 4. Mississippi Street, from University Avenue west to East River Road, then to the two walkway easements off Rivers Edge Way for Stevenson School 5. Osborne Road, from University Avenue to Highway 65 6. 7�' Street, 615t south to 59�' 7. Hayes School on Monroe, from Mississippi to 67'�' 8. Mississippi Street, from East River Road to Central Avenue, south side 9. 5'�' Street, from Mississippi to 63rd, then to University Avenue Service Road to 57'�' 10. 615t, University Avenue west to Starlite, both sides, also two walkway easements from Starlite to Trinity 11. 615t, from University to Moore Lake Commons on south side 12. Medtronic Parkway from Highway 65 to 7'�' Street 13. 53rd from Target to Menards 14. Highway 65, from Ground Round to Twin City Federal 15. East River Road from Osborne Road north to Lafayette Street west side 11/OS h:\myfiles\snow\2005\sidewalk priorities SIDEWALKS Osborne Road South side Commerce Lane to Old Central Mississippi Street North side, Stinson Boulevard to East River Road South side, East River Road to Old Central Monroe Street, from Mississippi to 67'�' Avenue 7'�' Street, west side from Mississippi to 63ra 7'�' Street, east side from 63rd to 615t 61 gt Avenue North side, Main Street to Highway 65 South side, Main Street to just east of Sears Outlet Store Easements north to 615t Between Starlite and Trinity Between Rainbow and Sunrise 7�' Street from 615t to 59�' 53rd Avenue north side from Learning Tree to Menards Highway 65 east side, from 53rd to 52nd 57'�' Avenue north side University west to Main Street University East Service Drive from 57'i' Avenue to Mississippi 5'�' Street east side from Mississippi to 63ra Fourmies Avenue between Service Drive and 5'�' Street 63rd Avenue north side between University Service Drive and 7'�' Street University east side bikeway between Mississippi and 69'�' Avenue West Moore Lake Drive in front of high school Walkway path behind high school and Little League fields Medtronic Parkway, 7'�' Street to Highway 65 Easements west side of East River Road Between 62"d Way and River Edge Way River Edge Way to Stevenson School East River Road west side from Stevenson School to River Edge Way East River Road west side from Osborne Road to Lafayette Street 11/OS h:�nyfiles\snow\2005\sidewalks SNOWPLOWS ASSIGNED TO PLOWING DISTRICTS — 2005/2006 SEASON District # 1 #774 —' 96 Case Loader w/wing District #2 #792 —'97 Ford Dump Truck w/wing District #3 #775 —'04 Sterling Tandem Dump w/wing District #4 #795 —' 99 JD Loader w/wing District #5 District #6 District #7 District #8 District #9 District # 10 North&South Industrial #744 — 'OS Case Loader #725 — '92 Ford w/wing #755 — 'O1 Int'1 Dump w/wing #763 — '02 Sterling Dump w/wing #762 — ' O1 Sterling w/wing #769 — 'OS Int'1 Dump w/wing #672 —'91 Ford Single Axel w/Util Box & front one-way plow #730 — 'OS Int'1 Potpatcher front plow w/underbody Red Denotes Snow Emer�encv Routes Black Denotes Snowplowin� Districts Supervisor: Jeff Jensen Plowin� Assi�nments for Snow Emer�encv Routes North Area 769, 762, 774 East Area 792, 775 Central Area 744, 763, 795, 730, 672 West Area 755, 727 Allevs, Cul-de-sacs, & Intersections: Alleys & Area # 1 781 — Ken Small 554 — Mark Schulte Area #2 753 — Keven Becklin Area #3 528 — Ron Fields 541 — Rich Perron Intersections 724 — Craig Hanson Sidewalks 740 — Bruce Koopmeiners 11/OS h: \myfiles\snow\2005\plowing_Districts Taylor Scott Bradseth Brandon O'Mara Garry Volk Craig Turbak Pete Gunderson Kevin Mensch Mike Graves Brian Benesch Bud Zurbey Jon Williams Gary Bulman Equipment Respondin� to Snow Emer�. 3 Front end loaders w/directional plows & wings 1 Dump truck w/one-way plow & underbody plow 5 Dump trucks w/one-way plows & wings 1 Ford Sngle Axel w/util box & front one- way plow 1 Sidewalk plow & snow blower 5 4 x 4 vehicles 1 One ton truck 4x4 w/sander 2 Potpatchers w/one-way plow & underbody plow SNOWPLOWING ASSIGNMENTS FOR SNOWS OF 15 INCHES OR MORE p�A TEAM A TEAM B Area 1: Bud Zurbey Ron Fields Unit 769-Int. Dump w/wing Area 2: Brandon O'Mara Unit 775 - Ford tandem w/wing Keven Becklin Unit 774 - Case loader w/wing Area 3: Unit 762 - Ford dump w/wing Brian Benesch Jason Wiehle Area 4: Unit 763 - Sterling dump Mike Graves Pete Gunderson w/wing Area 5: Unit 755 - Int. Dump w/wing Kevin Mensch Ken Small Area 6: Unit 792 - Ford dump w/wing Scott Bradseth Gary Bulman Area 7: Unit 795 - JD loader w/wing Craig Turbak Gary Volk Area 8: Unit 774 - Case loader w/wing Taylor Unit 744 - Case loader w/wing Phil Perron Auxiliary Crew Rich Perron Mike Schulte Bruce Koopmeiners Jon Williams Mechanics Mark Foster Mark Kluge Kelly Odenthal NOTE: Crews will consist of ] 0- 11 men plus mechanics in 12-hour shifts 11 /OS h:\myfi les\snow\2005\ 15_in_or_more 95 i000 0 Feet 1000 2000 3000 4000 MAP DATE: OCTOBER 2003 .i y��q s+ _, . C1� Of FRIDLEY REDLINE COLLECTORS LEGEND � Redline Collectors 0 R.ight-of-Way 0 Parcel Boundaries _.____ Water Features Sources: City of Fridley Public Works City of Fridley Engineering City of Fridley GIS Anoka County GIS , � _, . � I D � N E s � Feet ' 1000 0 1000 2000 3000 4000 MAP DATE: OCTOBER 2003 � City of _ FRIDLEY PLOWED SIDEWALKS LEGEND N Plowed Sidewalks � Right-of-Way � Parcel Boundaries __ ____, Water Features Sources: City of Fridley Public Works City of Fridley Engineering City of Fridley GIS Anoka County GIS � � CffY OF FRIQLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 William W. Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 3, 2005 CLIMB- Charitable Gambling Premise Permit Renewal AMF Maple Lanes Bowling Center, 6310 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The CLIMB Theater is currently conducting charitable gambling at AlVg' Bowling Centers dba Maple Lanes located at 6310 Highway 65 NE. Their Charitable Gambling Premise Permit expires on February 28, 2006. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective March 1, 2006 and expire February 28, 2008. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. RESOLUTION NO. 2005 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR CLIMB THEATER WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the CLIlVIB Theater, and WHEREAS, the location of the Premise Permit is for AlVg' Bowling Centers dba Maple Lanes located at 6310 Highway 65 and will be effective from March 1, 2006 to February 28, 2008; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the CLIlVIB Theater at AlVg' Bowling Center dba Maple Lanes located at 6310 Highway 65. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7tn DAY OF NOVENIBER 2005. SCOTT J LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIdLEY Name AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 Position Richard Public Services Perron Worker — Parks Non-exempt Brian Public Services Benesch Worker — Streets Non-exempt Appointment Starting Salary $18.48 per hour $15.16 per hour Nicholas Patrol $17.95 Knaeble Officer per hour Non-exempt (union contract) Starting Date Nov. 22, 2005 Nov. 22, 2005 Nov. 14, 2005 Replaces Keven Becklin Peter Gunderson Roger Standal, Jr. � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 7, 2005 CffY OF FRIDLEY CLAI MS 123853 - 124055 � � C,fTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 LICENSES Tvpe of License CHR/STMAS TREE SALES Bob's Produce 7620 University Av NE Fridley, MN 55432 � Robert Schroer Approved Bv Public Safety Dir Fire Inspector Community Dev Dir FOOD ESTABL/SHMENT Los Girasoles Beatriz Hernandez Public Safety Dir 7891 E River Rd NE Fire Inspector Fridley, MN 55432 Community Dev Dir � AGENDA ITEM � CITY COUNCIL MEETING OF �°F NOVEMBER 7, 2005 FRIDLEY Contractor License Tvpe Applicant Approved By Action Roofing & Siding Residential Kurt Merreu State of MN American Building Contractors Residential Brian Fischer State of MN Alltech En ineerin Co Commercial Robert Lawrence Ron Julkowski, CBO Castle Building & Rem Inc Residential Marty Schirber State of MN Charlies Angles Residential Charles Browning State of MN Crest Exteriors Residential Dan Bowlin State of MN Deans Professional Plumbin Plumbin Dean Adelman State of MN Five Star Construction & Rem Residential Nick Kirdan State of MN Grussing Roofing Residential Don Grussing State of MN Hendel Plumbing Plumbing Philip Hendel State of MN Ima e Ca ent & Home Im ro Residential Jon Philli s State of MN J& I Homes Inc Mobile Home Intaller Joel Snidarich State of MN Jack Potvin Inc Residential Jack Potvin State of MN Johnson Plumbing & Htg Plumbing Mark Johnson State of MN L& S Plumbin Inc Plumbin Scott Store State of MN Lam ert Yards Inc Residential Steven Carlson State of MN Mar uis Inc Residential Mark Pi natello State of MN Michael Waage Contracting Residential Michael Waage State of MN Mr Rooter Plumbing James Rudnick State of MN Norcon General Contractors Inc Residential Bill Cin State of MN Probuilt America Inc Residential Terence Derosier State of MN Regent Construction Residential Dion Brown State of MN Robins Robert Contractor Commercial Robert Robins Ron Julkowski, BO Shoops Building & Remodeling Residential Jim Shoop State of MN Thompson Exteriors Residential Peter Thompson State of MN Vanmar Construction LLC Commercial Amanda Easle Ron Julkowski , BO Voson Plumbing Gas Services Donald Voss Ron Julkowski, B002 � � � � � o. a Q a� � � � � � � � � � � � � N � N N ('7 V ('7 (O I� V I� I� I� V ('7 � ('7 a0 .0 _ �7 � N � � Z � � Y � � N � � � � N � � N � � N � N � Y � >, � Q Q � � O (6 � � C � �' U O V '� 7 (6 � C� C� � L U �i � (6 o� O (0 O 7 � � N ' U U � U N O O N z = m � o � � z � �n Q Q � cn = � _ � m `o � ao � E o ea � m � °� J (6 � C � N .� � � � � � � C o � Q c> > � � `_° z � � � � � N � Y J ~ � U i �' N � E '� a� m m m � a� � � � � � H m a� m � � T T � Z � >, � � � � � Q � � Q oi � � o Y Y o � c z � a� a� � m � � Q ��> QQ > � E °� � L(7 O ('7 O O O (O O 00 (O V O O N O Z � I� DO � O N V O O O N 00 (O ('7 (O I� +� (O I� I� I� 00 00 00 00 � � � � � � O 00 I� I� y V � � � � � � � � � � � � � � V � � w w w w w w w w w w w w w w w z z z z z z z z z z z z z z z z z z � � � � � � � � � � � � � � � � � � � � N N N N N N N N N N N N N N N Z � � � � � � � � � � � � � � � �6 �6 �6 �� C C C r/J N N N N N N N N N N N N N N N N N N N N O N � N d u� 0 0 N V O N � � N > O Z � N � LL � ('7 N V a0 � V � N V V � V V I� V L(7 (O I� I� I� .0 _ U J � J � T � — N � � � O �7 � � � E � � �- m � � � � � ._ � Y � � = Y = � � � Z �n �n � � � � m � a� � o , o � . . . 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Fridley, MN 55432 University Pond FINAL ESTIMATE .................................................................... $ 6,854.50 Palda & Sons, Inc. 1462 Dayton Avenue St. Paul, MN 55104 2005 Neighborhood Street Improvement ProjectNo. ST. 2005 - 1 Estimate No. 6 ......................................................................................... $333,226.39 � � CffY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 November 3, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing on ZTA #OS-03 Hyde Park S-1 Front and Side Yard Setbacks Background As staff began to review preliminary plans for the Fridley HRA's Gateway West redevelopment project in the Hyde Park Neighborhood, we discovered an oversight in the S-1, Hyde Park Overlay District zoning language. When front yard setbacks were changed in the R-1, Single Family, section of code five years ago, staff did not suggest that the same change be considered in the Hyde Park District. As the City Council approved the front yard setback reduction to encourage reinvestment in single family properties, staff anticipates that the City Council also wants to encourage the same reinvestment in the Hyde Park Neighborhood. In addition to the change in the minimum front yard setback, staff finds a need to reduce the side yard setback requirements in the Hyde Park District. Due to smaller (nonconforming by current code requirements) lot sizes commonly found in the Hyde Park District, the neighborhood is in a separate overlay district, which has less strict requirements for lot width, garage space, and parking. However, the side yard setback requirements are the same as those in the R-1, Single Family, zoning code language. Many existing homes do not meet the required 10' side yard setback. There are many homes and garages that do not meet the proposed 7.5' setback either. Therefore, it is anticipated that the proposed text amendment will result in less properties being classified as nonconforming. The HRA's Gateway West single family new construction project along Third Street in the Hyde Park Neighborhood is the reason why staff is proposing these code changes at this time. Staff suggests that the new homes may better fit into the neighborhood if the side yard setbacks are reduced. A seven and one-half foot setback would still ensure, in most cases, 15' between two buildings, providing ample space for maintenance and open space. Commission Action The Planning Commission held a public hearing on this proposed text amendment on October 19. A motion recommending Council approval of ZTA #OS-03 passed unanimously. Recommendation Staff concurs with the Planning Commission's recommendation for Council approval of ZTA #OS-03, reducing the front yard setback in the Hyde Park District from 35 feet to 25 feet, and reducing the side yard setback from ten feet to seven and one-half feet, following a public hearing on the matter at the November 7, 2005 City Council meeting. M-OS-128 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO FRONT YARD AND SIDE YARD SETBACKS IN THE S-1, HYDE PARK DISTRICT 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: D. Setbacks: (1) Front Yard: A front yard with a depth of not less than +'��--'�� ••° ��" twenty five (25) feet is required. (2) Side Yard: As of Januarv 1 2006 all parcels of land developed with an entirely new principle and accessorv structure shall require, t�wo (2) side yards a�e�e�e�, each with a width of not less than t�-(�} seven and one-half (7.5) feet., except as follows: (a) Where a house is built without an attached garage, a minimum side yard requirement _ shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is access to the rear yard for a detached and off-street parking area. (b) Where a house is built with an attached gara.ge, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of the garage or accessory building on that side is not more than fifteen (15) feet. PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200_. ATTEST: _ DEBRA A. SKOGEN, CITY CLERK . 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Cash-N-Pawn and Pawn America. Pawn shops make their money by offering cash loans to people who walk in with items of personal and household property. It should not be surprising that some of those items turn out to have been stolen. Investigators spend an increasing amount of time investigating such cases. It has been long believed that a more proactive approach in analyzing pawn transactions would serve to identify the deeper roots of criminal activity occurring in our community. The experience of investigators who have been assigned to handle the pawn detail clearly indicates that a proactive approach to pawn-related criminal activity could easily consume a FTE officer position. The 2005 Council and Commission Survey revealed a favorable response to the proposal if the costs associated with the position could be supported through increased fees. In July 2005, department staff inet with representatives of both pawn shops to explain the proposed plan and identify how the fee increase would support investigators of pawn-related criminal activity. Analysis has shown that transactions at Cash-N-Pawn have remained fairly consistent over the past few years and are expected to be roughly 8,900 this year. Transactions at Pawn America have steadily increased as they have positioned their Fridley store as a regional center and are expected to top 24,000 this year. If the fee were to be increased from the current $1.50 per transaction to $3.00 per transaction, the resulting revenue based on 2005 transaction figures and including license renewal fees would be $105,300. $33,100 of that would be passed through to Minneapolis to pay for APS. The remaining $72,200 would be used to offset the costs of an officer assigned to dedicated pawn shop investigations. Salary and benefits of a full time investigator are budgeted at $72,475. Office and vehicle expenses would be absorbed costs. The Police Department proposes that the pawn shop transaction fee be increased to $3.00 per transaction and that $2.00 of that fee, along with the license renewal fee, be used to offset the costs of an experienced licensed police officer assigned as a dedicated Pawn Shop Investigator. We also propose raising the reporting/manual entry penalty to $4.00 per transaction. The department will hire an additional licensed police officer to backfill assignment of an experienced officer to pawn investigations. The increase would take effect on January 1, 2006. The City Council discussed this issue at their budget work session on October 17, 2005. Staff recommends approval of the first reading of this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO PAWN SHOP TRANSACTION 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: That Fridley City Code Chapter 11, Section 11.10 be hereby amended as follows: CODE SLTBJECT ' FEE ' 31 Pawn Shops Annual License fee $3,000 Monthly Transaction Fee $3.00 �59 per transaction Reporting Failure/Manual Entry Penalty $4.00 �.59 per transacrion/ Investigarion Fee $400 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2005. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK ♦* '� - f LEONARD STREET AND DEINARD November 7, 2005 HAND DELIVERED The Honorable Scott J. Lund and Members of the City Council City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 �. ��, I j0 SOUTH FIFTH STREET SUITE 2 j00 MINNEAPOLIS, MINNESOTA 55402 612-jj$-Ij00 MAIN 6iz-335-1657 Pwx BxAnr,EY J. Gt1t1x 612-335-1671 DIItECi' BRADLEY.GUNN@LEONARD.COM Re: Proposed amendments to Chapter 11 of the Fridley City Code pertaining to Pawn Shop Transaction Fees; LS&D File No.16737.00008 Dear Mayor Lund and Councilmembers: Our office represents Pawn America Minnesota, LLC, in connection with the proposed amendments to Chapter 11 of the Fridley City Code, which would dramatically increase pawn shop transaction fees. I am writing to set forth the reasons that we strongly oppose the proposed fee increases, as follows: 1. The City's current Automated Pawn System ("APS'� fee is $1.50 per transaction. The City retains $0.50 per transaction and it pays $1.00 per transaction to the Minneapolis Police Department for administering the APS. The proposed increase to $3.00 per transaction would be a 100% increase in the overall fee (from $1.50 to $3.00), and a 400% increase in the City's share of the fee (from $0.50 to $2.00). These are extraordinary increases that bear no LAW OFFICES IN MINNEAPOLIS, SAINT PAUL, MANICATO, SAINT CLOUD AND WASHINGTON, D.C. A PtOfCSSIOnQI ASSOCiation 26865781 www,LHONARD.COM � e The Honorable Scott J. Lund and Members of the City Council November 7, 2005 Page 2 relatianship whatsoever to the rate of inflation, and we do not believe that the City has prepared any studies, data or evidex�ce to support the proposed $3.00 per transaction charge. 2. Similazly, the City itself estimates that the total revenues from the increased APS fees (along with the $3,000/year licensing fee) would be $105,000 per year from the two pawn shops located in Fridley, and that the City would retain $72,200 of those funds. This is an enormous burden to place on two small businesses (especially considering that Pawn Axnerica, for example, is already paying an additional $37,000 per year in property taaces that go to local government). There has been some suggestion that the City would use the $72,200 per year to hire a new police officer to investigate pawn shops. It is reasonable to assume, however, that the police department will continue to assign its officers to whatever tasks are the most urgent, and it seems very unlikely that any new officer's duties would be limited solely to pawn shop investigations. It is o�r understanding that St. Paul, with seven pawn shops, has only one officer assigned to pawn shop investigations, and that his time is divided about equally between pawn shop work and other, unrelated work. It is not fair to single out two lawful businesses in this community to assume the burden of paying for a new police officer who will presumably benefit all of the businesses and residents of the City. 3. The APS does not create more work for the police—it actually saves the police considerable time and effort. Before the APS was implemented, police officers had to regularly travel to a pawn shop and inspect the merchandise to see if anything matched the description of a stolen item. Now, with APS, the police have a great deal of information about every single pawn 2686578.1 « The Honorable Scott J. Lund and Members of the City Council November 7, 2005 Page 3 transaction made available to them by computer within 24 hours: What is the justification for raising the APS transaction fees when the APS is actually making it easier for the police to do � their jobs? 4. Pawn America handles loans as small as $15.00, and a$3.00 transactional fee can add as much as 20% to the cost of a loan, which is clearly excessive and disproportionate. 5. The APS fees are charged only to pawn shop transactions, and not to other retailers in the City that buy and sell second-hand goods. In other words, pawn shops have akeady been treated differently from other similar businesses, and any increases in the APS fees would just make an already difficult situation even worse. In summary, Pawn America objects to the proposed increase in the APS transaction fees on the grounds set forth above, and because we believe that the increase is excessive, unreasonable and inadequately documented; that the proposed increase is intended as a revenue measure and therefore constitutes an unlawful tax; and that Pawn America and Cash-N-Pawn have been singled out for treatment different from other similarly situated businesses. Very truly yours, LEONARD, STREET AND DEINARD Professional Association By Bradley J. Gunn BJG:c1p:2686578 2686578.1 � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 November 1, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #05-03, Woodcrest Baptist Church M-05-126 INTRODUCTION The petitioner, Grady Kinghorn of Kinghorn Construction is representing Woodcrest Baptist Church in their petition to seek a special use permit to allow an expansion to the existing church, which is located in an R-3, Multi-Family zoning district. The church is located at 6875 University Avenue. The proposed Woodcrest Baptist Church expansion will be an addition on the northwest side of the existing church building and will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities, which will provide easier access for the congregation. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking, subject to the stipulations suggested by staff. All of these requirements are being met with the new proposal, with the exception of the parking setback on the north and west sides of the property. City Code requires a 20 ft. parking setback from any public right-of-way. The parking setback on the west side of the property is deficient as a result of the State acquiring additional land for University Avenue. As a result of the highway taking, the parking lot on the west side of the property is set back 2 feet from the property line. Therefore, the petitioner has applied for a variance to recognize the existing parking setback from 20 ft. to 2 ft. They are also seeking a variance to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. The current curb line is over the petitioner's property line, so reducing the setback from 20 ft. to 5 ft., will bring the parking lot further south then it currently exists. Both of these requests were reviewed by the Appeals Commission on October 26, 2005 and were unanimously approved. PLANNING COMMISSION RECOMMENDATION At the October 19, 2005, Planning Commission meeting, a public hearing was held for the special use permit application, SP #05-03. After a brief discussion, the Planning Commission recommended approval of SP #05-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the mid-span, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. City of Fridley Land Use Application SP #05-03 October 19, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kinghorn Construction Grady Kinghorn 14198 Northdale Blvd. Rogers M N 55374 Requested Action: Special Use Permit to allow a church expansion in a R-3, Multi-Family Residential District. Existing Zoning: R-3 (Multi-Family Zoning District) Location: 6875 University Avenue Size: 3.76 acres Existing Land Use: Woodcrest Baptist Church Surrounding Land Use & Zoning: N: City Park & P E: Single Family home & R-1 S: Single Family & R-1 W: University Avenue & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.09.01.C.(1) requires a special use permit for churches in the R-3 zoninq district. Zoning History: 1962 — Lot platted. 1964 — Church constructed. 1974 — Addition constructed. 1985 — Gymnasium addition constructed. Legal Description of Property: See attachment. Public Utilities: Church is connected. Transportation: 69th Avenue provides access to the property. Physical Characteristics: Lot consists of the church, parking lot, landscaqed areas and Rice Creek. SU M MARY OF PROJECT Mr. Kinghorn, representing Woodcrest Baptist Church is seeking a special use permit to allow an expansion of the existing church located in an R-3, Multi-Family zoning district, which is located at 6875 University Avenue. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as churches are a permitted special use in the R-3, Multi-Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 7, 2005 60 Day — November 14, 2005 Existing Building Staff Report Prepared by: Stacy Stromberg SP #05-03 REQUEST The petitioner, Grady Kinghorn of Kinghorn Construction is representing Woodcrest Baptist Church, in their petition to seek a special use permit to allow an expansion to the existing church, which is located in an R-3, Multi-Family zoning district. The church is located at 6875 University Avenue. Woodcrest Baptist Church expansion will be an addition on the northwest side of the existing church building and will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities which will provide easier access for the congregation. HISTORY AND ANALYSIS The subject property is located on 69t" Avenue, just east of University Avenue and is zoned R-3, Multi-Family. The church was originally constructed in 1965. A two-story addition used for administration and classroom use was constructed to the church in 1974 and in 1985 a gymnasium was added to the south side of the church building. A special use permit was issued for the gymnasium addition in 1985 to allow an expansion of a church use in a residentially zoned district. Currently, the existing church space combined with the gymnasium space is 23,719 square feet. Woodcrest Baptist Church currently has approximately 400 worship members. The church also operates a school which provides education for children age's kindergarten through 12t" grade, with approximately 220 students. Aerial of Property Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements, related to building and site requirements and parking, subject to the stipulations suggested by staff. All of these requirements are being met with the new proposal, with the exception of the parking setback on the north and west sides of the property. City Code requires a 20 ft. parking setback from any public right-of-way. The parking setback on the west side of the property is deficient as a result of the State acquiring additional land for University Avenue. As a result of the highway taking, the parking lot on the west side of the property is set back 2 feet from the property line. Therefore, the petitioner has applied for a variance to recognize the existing parking setback from 20 ft. to 2 ft. They are also seeking a variance to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. The current curb line is over the petitioner's property line, so reducing the setback from 20 ft. to 5 ft., will bring the parking lot further south then it currently is. Both of these items will go before the Appeals Commission on October 26, 2005. Existing Building Entrance Currently, the Woodcrest Baptist Church property has 226 parking stalls. City Code requires one parking stall per every 3 seats. After the proposed addition, the church wil have 580 seats in the assembly facility; therefore, requiring 194 parking stalls. After the addition is constructed, the site will be left with 195 parking stalls, which meets code requirements. The proposed addition will be constructed of rock faced block, precast concrete and brick to match the existing structure. The proposed addition meets all setback, height and lot coverage requirements. The petitioner has been in contact with the Rice Creek Watershed regarding any ponding and stormwater treatment devices that might need to be constructed as a result of the proposed expansion. Due to the fact that there will be a slight decrease in impervious surface, the Watershed has determined that a biofiltration system is an acceptable alternative to infiltration. The biofiltration system is essentially a rain garden area. The petitioner is proposing to put this system on the west side of the proposed addition. This location and size will still need to be approved by Rice Creek Watershed. RECOMMENDATIONS City Staff recommends approval of this special use permit request as churches are a permitted special use in the R-3, Multi-Family zoning district, provided that the proposed expansion complies with the requirements for the special use permit, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. � � CffY OF FRIQLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 November 1, 2005 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Variance Request, VAR #05-14, Woodcrest Baptist Church M-05-127 INTRODUCTION Grady Kinghorn, of Kinghorn Construction, who represents Woodcrest Baptist Church, located at 6875 University Avenue, is seeking a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 2 feet on the west side of the property, which will recognize an existing non-conformity setback. They are also seeking a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 5 feet on the north side of the property to allow the reconstruction of their parking lot. These requests are coming to the City as a result of the church requesting a special use permit to allow the construction of an addition on the northwest side of the existing church building. The proposed expansion will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities which will provide easier access for the congregation. APPEALS COMMISSION RECOMMENDATIONS At the October 26, 2005, Appeals Commission meeting, a public hearing was held for VAR #05-14. After a brief discussion, the Appeals Commission recommended approval of the variance, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. City of Fridley Land Use Application VAR #05-14 October 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Kinghorn Construction Grady Kinghorn 14198 Northdale Blvd. Roaers M N 55374 Requested Action: Variance reducing the hard surface and parking setback from any street right-of- Existing Zoning: R-3 (Multi-Fami Location: 6875 University Avenue Size: 3.76 acres Existing Land Use: Woodcrest Baptist Church Surrounding Land Use & Zoning: N: City Park & P E: Single Family home & R-1 S: Single Family & R-1 W: University Avenue & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.09.5.D.(5).((a)) requires a setback of twenty (20) feet from any street right-of-way for parking and hard surface area. Zoning History: 1962 — Lot platted. 1964 — Church constructed. 1974 — Addition constructed. 1985 — Gymnasium addition constructed. Legal Description of Property: See attached survey. Public Utilities: Church is connected. Transportation: 69th Avenue provides access to the property. Physical Characteristics: Lot consists of the church, parking lot, landscaped areas and Rice Creek. SU M MARY OF PROJECT Mr. Kinghorn, representing Woodcrest Baptist Church, is requesting to reduce the parking setback on the west side of the property from 20 ft. to 2 ft. to recognize an existing non- conformity, and to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. to allow the reconstruction of the parking lot at Woodcrest Baptist Church. SUMMARY OF HARDSHIP "As you know when University Avenue was extended and the walking path was installed the church lost green space and the land that would have served as the set back area for the current parking requirements. We are asking for the variance to allow the parking to continue as it exists today, with the exception of the north lot line which we would bring back 5 feet inside the property line. Thankfully, there is only grass extending all the way to the intersection so there is no adverse impact at this point." - Pastor Mark Poorman SU M MARY OF ANALYSIS City Staff recommends approval of this variance, as it simply recognizes an existing non-conformity, allows the property to meet its parking demands, and should not set a precedent for existing or future properties. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 7, 2005 Aerial of property Staff Report Prepared by: Stacy Stromberg VAR #05-14 REQUEST Grady Kinghorn, of Kinghorn Construction, who represents Woodcrest Baptist Church, located at 6875 University Avenue, is seeking a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 2 feet on the west side of the property, which will recognize an existing non- conformity setback, and a variance to reduce the parking and hard surface setback from any street right-of-way from 20 feet to 5 feet on the north side of the property to allow the reconstruction of the churches parking lot. These requests are coming to the City as a result of the church requesting a special use permit to allow the construction of an addition on the northwest side of the existing church building. The proposed expansion will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities which will provide easier access for the congregation. SITE DESCRIPTION/HISTORY The subject property is located on 69t" Avenue, just east of University Avenue and is zoned R-3, Multi-Family. The church was originally constructed in 1965. A two-story addition used for administration and classroom use was constructed to the church in 1974 and in 1985 a gymnasium was added to the south side of the church building. A special use permit was issued for the gymnasium addition in 1985 to allow an expansion of a church use in a residentially zoned district. Currently, the existing church space combined with the gymnasium space is 23,719 square feet. Woodcrest Baptist Church currently has approximately 400 worship members. The church also operates a school which provides education for children age's kindergarten through 12t" grade, with approximately 220 students. CODE REQUIREMENTS City Code requires that all parking and hard surface areas in an R-3, Multi-Family zoning district be set back 20 feet from any public right-of-way. The parking setback on the west side of the property is deficient as a result of the State acquiring additional land for University Avenue. Due to the highway taking, the parking lot on the west side of the property is set back 2 feet from the property line. Therefore, the petitioner is seeking a variance to recognize the existing parking setback from 20 ft. to 2 ft. The petitioner is also seeking a variance to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. The existing curb line is over the petitioner's property line, so reducing the setback from 20 ft. to 5 ft., will bring the parking lot further south then it currently is. Therefore, reconstructing the parking lot 5 feet from the property line will provide a little extra green space on the property and will ensure that the churches parking needs are being met. Aerial of property Granting these variances should not be precedent setting for existing or future residential, commercial or industrial properties. This situation is unique to the property and is cleaning up a non-conformity. It also ensures that the parking demands of the church are being met. SUMMARY OF HARDSHIP "As you know when University Avenue was extended and the walking path was installed the church lost green space and the land that would have served as the set back area for the current parking requirements. We are asking for the variance to allow the parking to continue as it exists today, with the exception of the north lot line which we would bring back 5 feet inside the property line. Thankfully, there is only grass extending all the way to the intersection so there is no adverse impact at this point."— also see attached hardship statement - Pastor Mark Poorman RECOMMENDATIONS City Staff recommends approval of these variances, as it simply recognizes an existing non-conformity, allows the property to meet its parking demands, and should not set a precedent for existing or future properties. STIPULATIONS Staff recommends that if the variances are granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the midspan, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #05-14, BY KINGHORN CONSTRUCTION FOR WOODCREST BAPTIST CHURCH — Consideration of a variance to reduce the parkinq setback from any street riqht-of-way, from 20 feet to 2 feet on the west side of the property, which will recoqnize an existinq non- conforming setback; and to reduce the parking setback from any street right-of — way, from 20 feet to 5 feet on the north side of the property to allow the reconstruction of the parkinq lot at Woodcrest Baptist Church, qenerally located at 6875 University Avenue NE. MOTION by Commissioner Jones, seconded by Commissioner Vos, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:45 P.M. Ms. Stromberg stated that Mr. Kinghorn, representing Woodcrest Baptist Church, is requesting to reduce the parking the parking setback on the west side of the property from 20 ft. to 2 ft. to recognize an existing non-conformity, and to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. to allow the reconstruction of the parking lot at Woodcrest Baptist Church. She reviewed the summary of hardship from Pastor Mark Poorman stating; "As you know when University Avenue was extended and the walking path was installed, the church lost green space and the land that would have served as the set back area for the current parking requirements. We are asking for the variance to allow the parking to continue as it exists today, with the exception of the north lot line which we would bring back 5 feet inside the property line. Thankfully, there is only grass extending all the way to the intersection so there is no adverse impact at this point." The property is located at 6875 University Avenue and is zoned R-3, Multi-Family. It was originally constructed in 1965. In 1974 an addition used for administration and classroom use was added. In 1985 a gymnasium was added to the south side of the church building. The existing church space combined with the gymnasium space is 23,719 square feet. These requests are coming to the City as a result of the church requesting a special use permit to allow the construction of an addition on the northwest side of the existing church building. The proposed expansion will increase the building footprint by 14,162 square feet. The proposed addition will include a main floor sanctuary with a small balcony and lower level classroom space. The addition will also increase the size of the foyer, add an elevator, and will relocate the restrooms and nursery facilities which will provide easier access for the congregation. Woodcrest Baptist Church currently has approximately 400 worship members. The church also operates a school which provides education for children ages Kindergarten through 12th grade, with approximately 220 students. City Code requires that all parking and hard surface areas in an R-3, Multi-Family zoning district be set back 20 feet from any public right-of-way. The church would have met the parking setback on the west side of the property if the State did not acquire an additional 25' of right-of- way on University Avenue in 1964. As a result of the taking, the parking lot on the west side of the property is set back 2 feet at the closest point from the property line. The petitioner is also seeking a variance to reduce the parking setback on the north side of the property from 20 ft. to 5 ft. The existing curb line is over the petitioner's property line, so reducing the setback from 20 ft. to 5 ft. will bring the parking lot further south than it currently is. Therefore, reconstructing the parking lot 5 feet from the property line will provide a little extra green space on the property and will ensure that the churches parking needs are being met. Granting these variances should not be precedent setting for existing or future residential, commercial or industrial properties. This situation is unique to the property and is cleaning up a non-conformity. It also helps the church meet its parking demands. City Staff recommends approval of these variances, as it simply recognizes an existing non- conformity, allows the property to meet its parking demands, and should not set a precedent for existing or future properties. Staff recommends that if the variances are granted, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 3. Proposed addition shall not exceed 45 feet in height at the mid-span, between the ridge and eave line, when measured from finished grade. 4. The subject property shall be maintained free of any and all construction debris. 5. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. 6. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 7. The City reserves the right to require additional parking should the demand of the facility warrant it. 8. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 9. Petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. Commissioner Vos questioned if by adding more seats to the worship area, would the parking lot still meet city requirements. Mr. Kinghorn, of Kinghorn Construction, confirmed that the parking lot would meet city code requirements and added that if the congregation grew any larger, they would need to relocate. He also stated that they had no problems with the stipulations in the variance and shared an overhead drawing of the proposed addition. The goal is to tie in the new construction with the existing building and create a softer look. Commissioner Vos asked for clarification if they are going to change the parking lot. Mr. Kinghorn stated that they are changing the parking lot and trying to make it more functional. They will have a drop off site and close one of the entrances which will flow much better than the current parking lot. Ms. Stromberg clarified that currently the parking lot holds 226 stalls and the new parking lot will hold 195 stalls. Wth the additional worship space city code would require 194 stalls. Commissioner Jones asked if staff has heard any comments from the neighborhood. Ms. Stromberg stated that two people were at the Planning Meeting last week and their issues were addressed. Their concerns were regarding the property in general, not the proposed new construction. MOTION by Commissioner Jones, seconded by Commissioner Vos, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 7:55 P.M. Commissioner Jones stated that he had no problems with the proposal. It looked reasonable, will improve the area and be more efficient. Commissioner Vos agreed with Commissioner Jones and that it would cut back on hard surface and be more attractive. Chairperson Kuechle confirmed that it wasn't the churches fault the highway imposed on them. This will give the area more green space and he was in favor of the variance. MOTION by Commissioner Jones, seconded by Commissioner Vos, to approve the variance to reduce the parking setback from any street right-of-way from 20 feet to 2 feet on the west side of the property and to reduce the parking setback from any street right of way from 20 feet to 5 feet on the north side of the property. This will be brought forth to the City Council Meeting on November 7th, 2005. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED. � � CffY OF FRIDLEY To: From: Subject: Date: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 7, 2005 William W. Burns, City Manager Ralph Messer, Fire Marshal Denial of Rental Property License Renewals November 4, 2005 We respectfully request the City Council to deny renewal of residential rental property licenses for the following properties listed by address: 140 Mississippi Place, N.E. 160 Mississippi Place, N.E. 190 Island Park Drive, N.E. 191 Island Park Drive, N.E. 360 - 362 57th Place, N.E. 6471 - 6477 Riverview Terrace, N.E. License renewal denial is recommended by provision of Fridley City Code, Chapter 220, Residential Rental Property Licensing and Maintenance Code, Section 220.13.2 Conformance, which states, to-wit: "No operating license shall be issued or renewed unless the residential rental property or condominium conforms to the provisions of this Chapter, the ordinances of the City, and the laws and regulations of the State of Minnesota." An attachment to this memorandum lists current non-conformance issues for each of the rental properties listed above. Further, it is recommended that these licenses be denied pending resolution of all issues, including conducting inspections to ensure that all corrections have been completed, all delinquent fees and penalties due and payable to the City are paid, and license application submittals are properly and timely filed. Thank you. RM:r Attachment cc John Berg, Fire Chief Ashley Otten, Rental Property Inspection Division CITY OF FRIDLEY RENTAL PROPERTY INSPECTION DIVISION FIRE DEPARTMENT 6431 UNIVERSITY AVENUE, N.E. FRIDLEY, MINNESOTA 55432 Office (763) 572-3616 FAX (763) 572-8825 LICENSE DENIALS Fridley City Council Meeting November 7, 2005 HyderJaweed orAsgherJaweed Sunshine Mgmt. 3 Blue Spruce Ct North Oaks, MN 55127 Outstanding code violations and/or inspections 190 & 191 Island Park Drive-Multiple repairs not accomplished in 45 days, 30, or 15 days as specified in Rental lnspection's policy and procedure. Fines of $450.00 due to uncorrected code violations remain unpaid. License fee not paid in full and the owner had a$5.00 deficient on license for over 45 days. Chris Zelevarov 6477 Riverview Terrace Fridley, MN 55432 Outstanding code violations and/or inspections 160 Mississippi Place and 6471-6477 Riverview Terrace-Owner fails to show for inspections scheduled 45 days in advance. Owner still owes $150. 00 for a third inspection correction and has been turned over to collections by the City of Fridley for non-payment Owner has a history of non-compliance. His license applications for the last three years have all been late at least two months. Enes Gluhic 140 Mississippi Place Fridley, MN 55432 Outstanding code violations and/or inspections 140 Mississippi Place-Initial inspection for this property was April 19, 2005. The owner has been a no show for every inspection after the initial inspection. He has a$150.00 assessed after the third no show and at this time still has not paid his 2005/20061icense fee. Creative Housing Alternative P.O. Box 22393 Robbinsdale, MN 55422 Outstanding code violations and/or inspections 360-362 57th Place-This property has had no interior inspection. The company failed to show up for the initial inspection and has not been present on the second and third attempt to inspect the interior. The fee of $150.00 for the third inspection remains unpaid. � � AGENDA ITEM ��F CITY COUNCIL MEETING OF NOVEMBER 7, 2005 FRIDLEY INFORMAL STATUS REPORTS