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10/24/2005 - 00026996CITY 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 ne�t 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 off. 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 relie£ 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 1/2 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 e�tended to June 1, 2005. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 73 1/2 AVENUE STREET IMPROVEMENT PROJECT NO. ST. 2005-3 TO DAVE PERKINS 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 Project No. 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 Project No. 359 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 te�t 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 Project. This project 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 objections 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 ne�t 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 ne�t 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 e�ent 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 e�tra 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 ne�t few days. Councilmember Wolfe said he called on a Monday and was told they would be out the ne�t 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 ne�t 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 ne�t 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 of. 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 7LT 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 7LT through the process and to administer the grant if awarded. JLT 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 ne�t 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