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Agenda Packets - 1998/07/13
CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY,JULY 13, 1998 7:00 PM 6:00 PM-NEIGHBORHOOD CRIME WATCH PREVENTION RECEPTION 1. CALL MEETING TO ORDER 2. ROLL CALL: McCarty, Stigney, Koopmeiners, Quick, Gunn 3. APPROVAL OF MINUTES A. June 22, 1998 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: A. Resolution of Appreciation for Apartment Managers and Neighborhood Watch Groups. 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Approval of Park and Recreation Commission Meeting Minutes - May 28, 1998 and Planning Commission Meeting Minutes -May 6, 1998 and May 20, 1998. C. Set a Public Hearing for 7:15 PM on Monday, July 27, 1998 to consider Ordinance No. 621, Granting a Franchise to MediaOne to construct, operate and maintain a cable communications system in the City of Mounds View, and setting forth the conditions accompanying the granting of such franchise. D. Approve Resolution No. 5250, Authorizing Execution of Grant Agreement by the U.S. Department of Transportation under the Hazardous Materials Emergency Preparedness (HMEP) Program. E. Set a Public Hearing for 7:05 PM on Monday, July 27, 1998 to consider Ordinance No. 620, an Ordinance amending various chapters of the Mounds View Municipal Code Relating to Driveways, Parking Areas, and Accessory Buildings. F. Approval of Contractor Licenses. (Staff report attached.) 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5251, Concerning Sufficiency of Corrected Petition for Initiative Regarding the Project Commonly Known as the Theater Project. Page 2 City Council Agenda July 13, 1998 B. Public Hearing and Consideration of Licenses for Holiday Station Store Located at 2732 Highway 10. 1. Consider Motion Adopting Roll Call: Quick, Stigney,Koopmeiners, Gunn, McCarty C. Public Hearing to Consider Off Sale Intoxicating Liquor License for ABC Liquor, 2840 Highway 10/Approval of Resolution No. 5244.. 1. Consider Motion Adopting Roll Call: Stigney,Koopmeiners,Gunn, Quick,McCarty D. Introduction and First Reading of Ordinance No. 620, an Ordinance Amending Various Chapters of the Mounds View Municipal Code Relating to Driveways, Parking Areas, and Accessory Buildings. E. Consideration of Resolution No. 5247, a Resolution Approving a Minor Subdivision of the Property Located at 3025 County Road H for Duane and Nancy Peterson. F. First Reading and Consideration Ordinance No. 621, Granting a Franchise to MediaOne to construct, operate and maintain a cable communications system in the City of Mounds View, and setting forth the conditions accompanying the granting of such franchise G. Resolution No. 5252,Authorizing Requests for Proposals for Management of the Mounds View Community Center. H. Consideration of Appointment to Planning Commission. I. Discussion of Anoka County-Blaine Airport Plan Status at the Metropolitan Council. J. Consideration of Resolution No. 5255, a Resolution to Work with the City of v Spring Lake Park to Add Lions Name to Lakeside Park. ARP1PC1 ,5tot C one i w Ti�.110 u . CLOSED SESSION K. Golf Course Litigation. 8. REPORTS 9. Budget Work Session: July 20, 1998 -6:00 PM Next Council Work Session: August 3, 1998 - 6:00 PM Next Council Meeting: July 27, 1998- 7:00 PM 10. ADJOURNMENT MEMO July 10, 1998 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: July 13, 1998 City Council Meeting A little update on the Mayor here to start, he is coming home tonight (Friday) and will be rehabilitating on an outpatient basis. You may see him at Festival this weekend. I talked with him again today and he seems anxious to get home and get healthy. Also, check your voice mail for an update on tree removal from Rick Wriskey. As for the meeting Monday, here is what we have: Item 5C and 7F - Ordinance 621 Granting Cable Franchise to MediaOne: The Council has reviewed this from time to time as the negotiations have been taking place and have expressed no further concern. 5C sets the public hearing for the second reading and 7F is the first reading. If anyone has any questions about this,please call me before the meeting. Item 7A-Resolution#5251 Regarding Insufficiency of Petition: The Sponsoring Committee of the theater related petition for a referendum have submitted additional signatures in an amount needed to exceed the Charter requirement[see my enclosed letter]. The Committee did not change the language of the petition however. I conferred again with Bob Long prior to writing my report and his June 30 letter addresses the problem again of the insufficiency of the petition. The resolution is written therefore as to the insufficiency of the petition. I have informed both Julie Olson and Lynne Thomason of Monday night's meeting and expect interested residents to be present. They have also indicated some interest in conferring with the Charter Commission on this question, but no meeting has been held to date. Item 7C-Liquor License for ABC Liquor: See Cari's report on this. This is the license that was the Murzyn license. The owners of the license were not given a renewal as the Council will recall at the June 22 meeting. They have since found a new buyer. Item 7G-Resolution#5252 Regarding Seeking RFPs for the Community Center Management: I am in the process of drafting both a resolution and the RFP. If it is not in your packet, it will be ready on Monday. Item 711 - Planning Commission Appointment: I received a call from Greg Johnson informing me that his choice for appointment would be to the Planning Commission. Item 7I-Anoka County-Blaine Airport Plan Status at the Met Council: Bob Long will brief the Council again on work done this past week. Bob may be drafting a resolution of the City's position on the plan for the Met Council similar to a resolution done two years ago for the MAC. Item 7J- Resolution 5255 to Rename Lakeside Park: I drafted the resolution to do two things, one,recognize the work of the Lions Club,and two,to put a more positive light on our relationship with the City of Spring Lake Park. Assuming the Council approves the resolution, I will notify Spring Lake Park and coordinate the name change. This weekend I will also let the President of our Lions Club know about this. I have been told our club is in favor of this. 7K- Golf Course Litigation: The Council will be asked to retire to closed session for an update on the golf course litigation. That's it for now. Have a good weekend at the Festival and see you on Monday. UNAPPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting June 22, 1998 Mounds View city Hall 2401 Highway 10, Mounds View, MN 55112 1. CALL MEETING TO ORDER: The Mounds View City council was called to order by Acting Mayor Koopmeiners at 7:02 p.m., on June 22, 1998. 2. ROLL CALL: MEMBERS PRESENT: Acting Mayor Koopmeiners, Council members Gunn, Quick, and Stigney. MEMBERS ABSENT: Mayor McCarty(excused) ALSO PRESENT: Chuck Whiting, Clerk Administrator; Cari Schmidt, Assistant to the City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associated; Bob Long, City Attorney; and Dave Hix, Recording Secretary. 3. APPROVAL OF MINUTES: A. June 8, 1998 City Council Meeting Minutes Koopmeiners asked for additions and/or corrections to the June 8, 1998 City Council Meeting Minutes. MOTION/SECOND: Gunn/Quick to approve the June 22, 1998 City Council Meeting Minutes as submitted. VOTE: Ayes - 4 Nays - 0 Motion carried. 4. SPECIAL ORDER OF BUSINESS A. Lions Club presentation Stan Haugen,representing the Mounds View Lions Club,told the Council that the Mounds uNAppRovED Page 2 June 22, 1998 Mounds View City Council View Lions Club had been asked to find funding for defibrillators for the City of Mounds View Police Department. To date, enough funding had been secured to purchase four defibrillator units. Steve Schack, President of the Mounds View Lions Club,presented the defibrillator units to the City Council and Chief of Police Ramacher. He asked the City to consider funding of a fifth defibrillator in order that the City could have one on hand at the City Hall to accommodate an emergency that might take place on City Hall grounds. Koopmeiners and Chief of Police Ramacher accepted the defibrillator units on behalf of the City of Mounds View. Jerry Linke asked the Council, Staff, and audience in attendance to purchase raffle tickets and buttons for the upcoming Mounds View Festival in the Park. 5. CONSENT AGENDA A. Approve the Just and Correct Claims B. 1998-1999 License Renewals - (Staff Report Attached) 1. 1998-1998 Contractor Licenses 2. 1998-1999 Garbage Hauler Licenses 3. 1998-1999 Restaurant Licenses MOTION/SECOND: Quick/Stigney to approve the Just and Correct Claims and the 1998-1999 License renewals. VOTE: Ayes -4 Nays - 0 Motion carried. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR No resident requests or comments were considered for items not on the agenda. 7. COUNCIL BUSINESS A. Public Hearing Regarding On-Sale Intoxicating and Off-Sale Intoxicating License Renewals Assistant Schmidt gave her report as follows: UNAPPROVED Page 3 June 22, 1998 Mounds View City Council There were six licenses up for renewal. All utilities from the applying establishments had been paid up to date. All property taxes had been paid with the exception of one of the establishments. The Police Department has indicated there was one establishment that was having problems. Details on this issue were given by City Atoorney Long later in the report. Attorney Long suggested that each license request be handled on a separate motion. This process would give the public or anyone wishing to speak to a specific license the chance to do so. Koopmeiners closed the Council Meeting and opened the public hearing on Network Liquor, 2345 County Road H2. No comments were considered from the public. The public hearing was closed and the Council Meeting was opened. MOTION/SECOND: Quick/Stigney to approve the renewal of the Off-Sale Intoxicating Liquor License for Network Liquors- 2345 County Road H2. VOTE: Ayes - 4 Nays - 0 Motion carried. Koopmeiners closed the Council Meeting and opened the public hearing on Budget Liquor, 2577 Highway 10. No comments were considered from the public. The public hearing was closed and the Council Meeting was opened. MOTION/SECOND: Gunn/Stigney to approve the renewal of the Off-Sale Intoxicating Liquor License for Budget Liquor- 2577 Highway 10. VOTE: Ayes - 4 Nays - 0 Motion carried. Koopmeiners closed the Council Meeting and opened the public hearing on Donatelle's, 2400 Highway 10. No comments were considered from the public. The public hearing was closed and the Council Meeting was opened. MOTION/SECOND: Stigney/Quick to approve the renewal of the On-Sale Intoxicating Liquor License for Donatelle's - 2400 Highway 10. VOTE: Ayes -4 Nays - 0 Motion carried. UNAPPROVED Page 4 June 22, 1998 Mounds View City Council Koopmeiners closed the Council meeting and opened the public hearing on Robert's Off 10, 2400 County Road H2. No comments were considered from the public. The public hearing was close and the Council Meeting was opened. MOTION/SECOND: Quick/Gunn to approve the renewal of the On-Sale Intoxicating Liquor License for Roberts Off 10 - 2400 County Road H2. VOTE: Ayes - 4 Nays - 0 Motion carried. Koopmeiners closed the Council Meeting and opened the public hearing on Mermaid, Inc., 2200 Highway 10. No comments were considered from the public. The public hearing was closed and the Council Meeting was opened. MOTION/SECOND: Quick/Stigney to approve the renewal of the On-Sale Intoxicating Liquor License for Mermaid, Inc., - 2200 Highway 10. VOTE: Ayes - 4 Nays - 0 Motion carried. Koopmeiners closed the Council Meeting and Opened the public hearing on Murzyn Liquor, 2740 Highway 10. Police Chief Ramacher reviewed his June 10, 1998, Memo to City Administrator Chuck Whiting which outlined three cases in which Murzyn Liquor had violated City Law in regards to liquor sale to minors. In addition, a second Memo, dated June 22, 1998, outlining the illegal sale of liquor to a minor violations that had occurred June 20, 1998. Ramacher stated it was his belief that the clerk in question is honest and is not intentionally trying to violate the City's laws. However, the violations are continuing even after the Police Department has made repeated efforts to educate the clerk on how not to sell to under aged people. The license holder is aware of the problem and was in attendance at the evening's meeting. Khanh V. Duong, license holder for Murzyn's liquor,told the Council that the clerk in question Rose Marie, was his wife. He stated he and his wife have been trying to follow the City's laws to the best of their ability. Duong stated part of the problem they are having is dealing with the language barrier problem which makes it hard to communicate with customers when checking I.D.s Also, minors are having adults buy their liquor for them. He added that he and his wife have decided that owning and operating a liquor store is not the right business for them. They UNAPPROVED Page 5 June 22, 1998 Mounds View City Council are in the process of advertising the business for sale. Duong asked that the City Council renew his license to give him the necessary time to sell his business. Chief Ramacher told the Council that Murzyns has successfully passed a police sting operation that was staged to see if Murzyn's Liquor Store would sell cigarettes to minors. He added that Murzyns has installed a closed-circuit video system to try to document the situations that are taking place at the store. Ms. Duong does not know how to operate the video equipment. The Chief added that it would be his recommendation, based on the facts,that the renewal of the license for an Off-Sale Intoxicating Liquor License not be renewed. Attorney Long outlined the City Council's options in dealing with the matter as follows: 1. Act to renew the license and see what the outcome of court action will be on the pending cases 2. Act to not renew the license based on the information and testimony heard at the evening's meeting Jerry Linke, 2319 Knoll Drive, stated there is a third option. The third option being renewal contingent upon certain conditions of operation that would be established by the City Council. This contingency basis would give the Duongs the chance to sell their business before the June 30, 1998 expiration of their license. Attorney Long stated, in regards to the sale of the Murzyn Liquor Store, that liquor licenses in the City are not transferable. The new liquor license applicant would have to come in and apply for the license on his or her own merit. Arthur Jordan, spoke in favor of giving the Duongs an opportunity to try to operate the business without his wife, Rose Marie, being employed as the clerk. He suggested that Mr. Duong hire somebody that was familiar with working as a clerk in a liquor store. Koopmeiners closed the public hearing,and opened the Council Meeting. MOTION/SECOND: Quick/Koopmeiners to approve the recommendation of the City Attorney, to prepare the resolution to deny renewal of the Off-Sale Liquor license for Murzyn's Liquor- 2740 Highway 10. Quick told the Council that he was sympathetic to the applicants situation, but he felt there had been no lessons learned from the educational efforts of the Police Department. The City would be "playing Russian roulette with the lives of the youth in the City if the license was renewed." UNAPPROVED Page 6 June 22, 1998 Mounds View City Council Gunn stated she agreed with Quick but thought Mr. Jordan's suggestion might be worth perusing. Attorney Long stated that licenses could be issued with conditions. If the applicant would agree to the hiring of the proper individual, with proper training and to the satisfaction of the Police Department, to man the clerk position, this could be one of the conditions of renewal. Stigney suggested that the Council continue with the recommendation of the City Attorney to deny the renewal of the license. The City Council could revisit the application on the basis of operation until the time of sale. Administrator Whiting asked the City Attorney what would happen to the store's liquor stock on the day that the current license expired. Attorney Long told the Council that Duong would still own the liquor stock, and could be sold as part of the sale of the business. Mr. Duong could not, without the license, sell the liquor on-sale to customers. VOTE: Ayes -4 Nays - 0 Motion carried. B. Public Hearing and Consideration or Resolution No. 5242, a Resolution Approving a Conditional Use Permit for an Oversized Accessory Building at 2085 Oakwood Drive. Koopmeiners closed the Council Meeting and opened the public hearing. Associate Ericson gave his report as follows: The applicants, Leonard Medrud and Arthur Jordan, were applying for a Conditional use Permit to convert an existing, single-car garage to an accessory building on their property located at 2085 Oakwood Drive. Currently,the applicants are constructing a new two-car garage and breezeway area attached to their house. The new construction and conversion of the old garage to an accessory building meets all City requirements. The Planning Commission, at its June 3, 1998 meeting, voted to recommend approval of the Conditional Use Permit by the City Council. No other comments were considered from the public. Koopmeiners closed the public hearing and opened the Council Meeting. MOTION/SECOND: Gunn/Quick to approve Resolution 5242, a resolution granting a Conditional Use Permit to convert an existing single-car garage to an accessory building located UNAPPROVED Page 7 June 22, 1998 Mounds View City Council at 2085 Oakwood Drive, with conditions as stated. VOTE: Ayes - 4 Nays - 0 Motion carried. C. Public Hearing and Consideration of Resolution No 5243, a resolution Approving a PUD Amendment to the Silverview Estates PUD and Development Review fro a Senior Cooperative housing Development. Koopmeiner closed the Council Meeting and opened the public hearing. Associate Ericson gave his report as follows: On December 8, 1997, the City Council approved Resolution No. 5184, a resolution approving the development stage plan of the Silverview Estates PUD. Permits have been issued and work is progressing on the Holiday Stationstore at the corner of Highway 10 and Silver Lake Road. Realife Cooperative of Mounds View and representatives of Silverview Estates, Inc., have met with the City Staff to discuss the method by which the existing Silverview Estates PUD could be amended to allow for an alternative style senior housing component. Originally planned as an 82-unit senior housing building, the current proposal reduces the number of units to 77 and changes the ownership structure to cooperative ownership instead of market-rate rental. The cooperative housing arrangement, according to the applicant's description, offers people 62 years and older a housing alternative that is becoming increasingly popular. The residents own and operate the development through a nonprofit cooperative corporation. The cooperative approach to housing has been successful because it offers a housing alternative similar to continuing home ownership. Quick asked Ericson if the sidewalk running along Silver Lake Road and County Road I runs down to the corner of the two roads. Ericson stated it was a condition of the PUD that there would be a sidewalk constructed along Silver Lake Road from the tip of the development at Highway 10 down to County Road I. Quick stated he would like to see enough sidewalk to facilitate a bench at the corner of Silver Lake Road and County Road I. Dick Hanson gave his report as follows: A brief background was given of Realife Inc., and their history in developing senior cooperative projects. Realife has developed similar projects in Edina, Brooklyn Park, Burnsville, and Eden UNAPPROVED Page 8 June 22, 1998 Mounds View City Council Prairie. It was stated that the development must be 90 percent presold before HUD will underwrite the financing. A senior, 62 years of age or older is given the opportunity to buy a share of the cooperative and in return receives the right to rent an apartment in the building at a very reasonable rate. The share owner still has the tax advantage of home ownership because the cooperative pays mortgage interest,property taxes, and maintenance on the building. There are accounts set up to pay the taxes, building maintenance and other fees associated with running the facility. Management of the facility is usually contracted out to Realife. When a cooperative member pass away or no longer wants to be a cooperative owner, his or her share is put up for sale. The share can be passed along as part of an inheritance. But if it is not to be used by someone 62 or older, it must be sold to a person that is on the cooperative's waiting list. The facilities have underground parking and over 25, 000 square feet of common space that includes libraries, game rooms, quite rooms, and work shops. Each floor of the facility has a free laundry facility for the residents of the floor. Stigney asked what implication the project would have on the taxes generated by the facility. Jopke told the Council the EDA had previously approved a tax increment subsidy for the project. The subsidy will have to be reviewed because there will be a decrease in the taxes generated in the potential increment collected on the project. No signed agreement has been reached in regards to the tax portion of the project. Koopmeiners closed the public hearing and opened the Council Meeting. MOTION/SECOND: Quick/Gunn to approve Resolution No. 5243, a Resolution Approving a PUD Amendment to the Silverview Estates PUD and Development Review for a Senior Cooperative housing Development with the following amendments: 1. Consideration of the 25' setback as stated in staffs report 2. The addition of a sidewalk in the vicinity of County Road I and Silver Lake Road, adequately sized to accommodate a bench and adequate standing space in the area, design to be approved by staff. 3. Assess the tax implications of the reduced increment funds that will be generated by the project, contingent that the results are satisfactory to the City. VOTE: Ayes - 4 Nays - 0 Motion carried. UNAPPROVED Page 9 June 22, 1998 Mounds View City Council D. Receive and Approve the Comprehensive Annual financial Report for the City of Mounds View as of and for the year Ended December 31, 1997. Report Attached (Dave Hinnenkamp from Kern DeWenter Viere,Ltd. to be in attendance). Dave Hinnenkamp, Kern DeWenter Viere, Ltd. gave the Council a detailed explanation of financial condition of the City. The City experienced a decrease in its overall available funds. This decrease was due to debt service funds. The City's property tax system is working well with a very low percentage of delinquent taxes. The City's current fund balance covers about 90 percent of 1998 budget expenditures. The City is currently meeting the accounting firms recommended fund balance of three to six month worth of expenditures. A pie chart of 1997's use of the general fund revenues was reviewed. Property taxes and state aids, local government aided HACA, comprised 77 percent of the City general fund. These figures were stated as average for cities in the state. A pie chart showing general fund expenditures was reviewed. Public safety was 41 percent of the total. General government being 27 percent, and streets and highways were 9 percent. Under internal controls: It is being recommended that all department heads or other individuals with budget authority approve disbursements. This process was not taking place. A formal process for approving payroll disbursements is recommended, even to the point of determining whether some of the duties of the payroll personnel should be transfered to other personnel. In summary it was stated the City is in very good financial condition and sound financial management is being exercised. In addition, the City's budget process,projecting out what the fund balances might be, shows that the City is planning for the future. MOTION/SECOND: Quick/Stigney to approve the Comprehensive Annual Financial Report for the City of Mounds view as of and for the year Ended December 31, 1997, as submitted. VOTE: Ayes - 4 Nays - 0 Motion carried. E. Approve Resolution 5248,Approving 1997 Budget Transfers,Designations and Carryovers (Present Bruce Kessel,Finance Director). MOTION/SECOND: Quick/Gunn to approve Resolution 5248, Approving 1997 Budget Transfers, Designations, and Carryovers. VOTE: Ayes - 4 Nays - 0 Motion carried. UNAPPROVED Page 10 June 22, 1998 Mounds View City Council F. Consider Motion Retaining the Monetary Limits on Statutory Tort Limits Established by Minnesota Statutes 466.04 as Recommended by City Attorney Long (Presenter Bruce Kessel,Finance Director). Finance Director Kessel told the Council that the League of Minnesota State Insurance Trust came up with an option for cities so they could waive their statutory limit. Approximately 90-95 percent of all cities have not opted for the waiver. It would cost the City for additional premiums. Attorney Long stated his main concern is that if a great number of cities did start waiving their statutory limit it would set a precedent with the Legislature to raise the cap. MOTION/SECOND: Gunn/Stigney to retain the Monetary Limits on Statutory Tort Limits Established by Minnesota Statutes 466.04 as recommended by the City Attorney. VOTE: Ayes - 4 Nays - 0 Motion carried. G. Authorization to Enter Into an Option to Purchase the Midland Videen Property ad To Send Out a Request for Proposals. Director Jopke gave his presentation as follows: The Midland Videen property is located south of the Community Center property and east of Edgewood Drive. The property is approximately 9.4 acres in size. Of that 9.4 acres 1.5 acres is developable with the remainder being wetland. When Edgewood Drive is realigned, the City will have an additional 1.5 acre site which could be developed. Because the two sites would be contiguous, it would make sense to market them together to get the best development. Staff is recommending that the City maintain what gets developed on the site so that it is compatible with the City Center, City Hall, and the wetland. Staff is recommending that the City either acquire the Midland Videen property outright or acquire an option to purchase the site. The Community Center project is experiencing a problem in that it does not have enough area, because of an existing wetland, to build a parking lot. By purchasing the Midland Videen property and mitigating the Community Center parking lot wetland to that site the problem would be solved. The current asking price for the Midland Videen property is $250,000. A six-month option could be purchased for $20,000. An alternate course of action would be to not purchase or option the Midland Videen Property at this time. The City could ask for proposals which include both properties. The RFP could UNAPPROVED Page 11 June 22, 1998 Mounds View City Council require that developers include in their submittal proof of control of the Midland Videen property and what they would sell the wetland to the City for. A variation of this alternative would be to not require proof of control of the Midland Videen property. The City could select a developer based on the plan submitted, and the land bid for the City-owned parcel. The developer selected would then have to negotiate the purchase of the Midland Videen property and the City would have to negotiate with the developer to purchase the wetland outright or to purchase an easement to allow the City to do the mitigation necessary to solve the Community Center parking problem. Staff recommended that the City Council pass Resolution No. 5246 authorizing staff to enter into an option to purchase the Midland Videen property and to send out the request proposal to solicit developer interest in the developable portion of the Midland Videen property as well as the City- owned parcel created by the realignment of Edgewood Drive. Stigney asked Jopke what the appraised value of the Midland Videen property was. Ulrich stated in 1996 the property had been appraised at$330,000 for the entire parcel. Stigney asked if TIF funds would be used to purchase the property. Whiting stated that would be a logical place to take it from, and the proceeds from the future sale would be put back into that account. If the City chooses to acquire the land and not resell, different accounts might be used. Quick stated if the City decided to purchase the land they would have more latitude in dealing with the wetland mitigation and solving the parking problems for the Community Center. Stigney stated the City has a lot of control over the situation as it sits because they own half of the property being considered. He added, it was his opinion that the City did not need to purchase or option the land. The same would apply for the RFP process. The City owns half of the property and thus, half of the control of the property. "The citizens need to be in on the decision of what happens to property that the City might purchase," he added. Stigney asked if there were other options in regards to the wetland mitigation of property for the Community Center Parking lot. Ulrich told the Council there is a "wetland bank" that has been established in Columbus Township where the City could mitigate wetland for the Community Center parking lot. Cost of this process would be approximately 50 cents per square foot. The City needs to mitigate approximately 4.3 acres, which comes up to 18, 000 square feet, or$9,000. "The parking lot is very much needed at the Community Center," he added. UNAPPROVED Page 12 June 22, 1998 Mounds View City Council MOTION/SECOND: Quick/Gunn to approve Resolution No. 5246, a resolution approving the authorization to enter into an option to purchase the Midland Videen property and to send out a request for proposal. MOTION/SECOND: Stigney/ to table the decision to approve Resolution No. 5246, to give staff time to resolve the wetland mitigation matter at the Community Center. Motion failed due to lack of second. Jerry Linke, 2319 Knoll Drive, suggested that the City buy the Midland Videen property and use it for much needed park land for the City. He said it was a bad idea to put out RFPs for land that should be used for the public. Quick stated the idea behind the land purchase would be to facilitate development of the area and broaden the City's tax base. If the City controls the property, it can control what gets developed there. VOTE: Ayes - 3 Nays - 1(Stigney) Motion carried. H. Update on Edgewood Drive Realignment and Signalization.(Representatives From SEH will be Presenting a Report). Mike Ulrich, gave his report as follows: A letter from Glen Van Wormer, SEH traffic engineer, was reviewed. Efforts are being made to try and lessen the impact that the realignment of Edgewood Drive will have on the parking lot at City Hall. In order to stay with state aid standards and design criteria at the intersection of Edgewood and Highway 10, it was deemed that the original design of the realignment would have to stay as is. Stigney asked Ulrich if Edgewood Drive from County Road I was designated MSA and if so how much MSA funds are involved in that piece of property. Ulrich stated Edgewood Drive to Highway 10 is designated MSA and he gave no dollar amount. MOTION/SECOND: Quick/Gunn to approve Resolution No. 5249, a resolution designating the continuation of Edgewood Drive from Highway 10 to County Road H2 an MSA Street. Also,to authorize staff to proceed with mitigation of the wetland at the Community Center. Stigney reiterated his original stand in regards to the realignment of Edgewood Drive: "I was UNAPPROVED Page 13 June 22, 1998 Mounds View City Council opposed to then,now we're going to loose the parking lot, and I guess I still oppose it." VOTE: Ayes - 3 Nays - l(Stigney) Motion carried. I. Discussion on Community Center HVAC Change Order Mike Ulrich, Director of Public Works, gave his report as follows: There have been ongoing concerns about the comfort level and the efficiency of the HVAC system at the Community Center. The originally designed system had short comings with the possible comfort levels and controls that would be available for individual rooms. A previous change order had been approved by the City Council to install a more energy efficient and occupant friendly environment within the entire Community Center. The installer had originally estimated that the City would realize any where from$40,000-$80,000 in the change order process. It is now felt by the architect, contractor, and construction manager that the credits the City is receiving back on the change order is not what is perceived to be an adequate amount. To provide additional control for individual areas VAV(variable air volume) boxes could be installed for an approximate cost of$25,000. While this will improve the comfort of the building,this system will not improve the efficiency of the system. Staff's recommendation is to authorize the VAV boxes and not the entire hydronic unit. MOTION/SECOND: Quick/Gunn to approve installation of the VAV boxes for the sum of approximately$24,960,per staffs recommendation. Stigney asked if the proposal before the Council included removal of the electric heaters in the entry ways of the building. Ulrich stated in order to remove the electric heaters the entire hydronic system would have to be installed. Jerry Linke, 2319 Knoll, stated the City was not taking into consideration the air quality within the Community Center building. He suggested that there be more investigation by the architect and the contractor to get the installer to give back the proper credits. Ulrich countered the air quality argument saying that the proposed system does have fresh air being introduced into the system. "The roof-top system is gas fired and it does bring fresh air into the system," he said. UNAPPROVED Page 14 June 22, 1998 Mounds View City Council VOTE: Ayes - 4 Nays - 0 Motion carried. J. Consideration of Resolution No. 5245 Approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. Schmidt reviewed the staff report outlining the terms of the Labor Agreement. MOTION/SECOND: Quick/Gunn to approve Resolution 5245, a resolution approving the Labor Agreement Contract with Public Works and Parks Maintenance Bargaining Unit. VOTE: Ayes -4 Nays- 0 Motion carried. K. Consideration of Tobacco License for Bridges Golf Course. Schmidt told the Council that staff had been approached by John Hammerschmidt in regards to selling cigars at the golf course. The proposed sale would start as soon as possible and would be done from the portable beverage carts only. There would be no sales taking place inside of the club house. The City Attorney has advised there should be no problems with this arrangement. Staff is recommending approval pursuant to Chapter 512 of the Municipal Code. MOTION/SECOND: Gunn/Stigney to approve a tobacco license for the sale of cigars at the Bridges Golf Course. VOTE: Ayes - 3 Nays- 1(Quick) Motion carried. 8. REPORTS Council Member Quick had no report but made the following motion: MOTION/SECOND: Quick/Gunn to direct the Park and recreation Commission to come up with some alternate ways to handle the City's need for a small soccer field to replace the one the City will loose due to the Edgewood Drive realignment. VOTE: Ayes -4 Nays - 0 Motion carried. Council Member Gunn had no report. Council Member Stigney had no report. UNAPPROVE0 Page 15 June 22, 1998 Mounds View City Council Administrator Whiting reviewed the City's participation in the League of Minnesota Cities gathering held in Duluth last week. Mounds View staff had meet with members of the Spring Lake Park City Council, who were also in attendance, and issues were discussed that will be brought up at a later Council work session. Attorney Long told the Council that Mounds View, through the City Attorney, had asked for a 30-day layover from the MAC in their consideration of the Anoka County Airport Redevelopment. MAC turned down the request but the Metropolitan Council offered to hear arguments in July. Council Member Quick had no report. Acting Chairperson Koopmeiners had no report. 9. Next Council Work Session: Monday.July 6. 6:00 p.m. Next Council Meeting: Monday. July 13, 7:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Stigney/Quick to adjourn the meeting at 10:30 p.m. VOTE: Ayes -4 Nays - 0 Motion carried. Respectfully submitted, ►rind 'ACPa)4--- DaveHix Recorder 53 MOUNDS VIEW PARKS AND RECREATION COMMISSION MEETING MINUTES Thursday, May 28, 1998 City Hall, 6:30 p.m. The Parks and Recreation Commissioners met at Woodcrest Park at 6:30 p.m. to observe the conditions of the building and to discuss options for replacing the park building. Afterwards the Commissioners stopped by Silver View Park to discuss the improvements and new layout of the proposed Disc Golf Course. CALL TO ORDER: Chair Silvis called the meeting to order. ROLL CALL: Commissioners present included Chair Silvis, Stevenson, Starr, Benz, Dentz and Long. Commissioner absent was McDonald. APPROVAL OR MINUTES: Commissioner Long made a motion seconded by Commissioner Benz to approve the minutes of April 23, 1998. Motion passed unanimously. UPDATE OF ATHLETIC FACILITIES MTGS: Director Saarion informed the Commission that there seems to be opportunities to add soccer fields at Highview Middle School, add Fast Pitch field and Baseball field at Mounds View High School, add little league fields at University Property area in Shoreview and provide grass infields to various fields in the district for upper age baseball users. Group continues to look at possibilities and planners are formulating information to present to Mayors and Manager on June 10. GROUNDS MAINT. PROP: Director Saarion informed Commissioners that the School District sent a letter thanking cities for offering proposals but that they would continue as usual this year and perhaps consider proposals for future years. COMM CNTR EQUIP NEEDS: Director Saarion informed the Commission that there may be a need to purchase basketball goals, bleachers and volleyball sleeves during the construction of the Community Center so that these elements can be installed at the time of construction. It seems that these equipment needs, although identified in the construction of the Community Center, have been identified as"supplied by owner". This means that the City must pay for the addition of these items. Director Saarion asked the Commission if they would approve the use of Park Dedication Funds if there was no other funding identified for the purchase and installation of these items. While the Commissioners were very disappointed that these items were not part of the project funding and construction, they understood the importance of these equipment items in the construction of the community center. Therefore, Commissioners gave direction to Saarion that if there were no other funding alternatives, that Park Dedication could be used, although it was their opinions that there were lots of other uses for park dedication funds than the community center gymnasium equipment. Commissioners asked why the capital items were not included and asked what other equipment or items were not included. Because staff was unable to answer these questions, Commissioners requested that the Community Task Force be called to meet and asked that staff put together a list of itemized equipment and materials included and those that are not included in the cost of the community center. Director Saarion said that she would discuss the concerns with Administrator Whiting and Public Works Director Ulrich. WOODCREST BUILDING DISCUSSION: Commissioners directed Saarion to provide information at the next meeting including the costs and opportunity of a new or used portable building. Commissioner Long stated that it is important to keep the neighborhood parks viable. Commissioners agreed. SUMMER UPDATE: Director Saarion informed the Commissioners that there were three special events the weekend of June 6 & 7. A Bicycle Safety program is being held at City Hall and a tennis activity promotion to be held at Groveland Park on Saturday afternoon, June 6. June 7 is the first Entertainment in the Park program at Lakeside Park. DISC GOLF COURSE: Commissioners reviewed the plan to improve the disc golf course at Silver View Park. Commissioner Long made a motion, seconded by Commissioner Stevenson to purchase 4 additional baskets and give the "go-ahead"to the volunteer disc golf group to improve the course as planned Motion passed unanimously. OTHER BUSINESS: At the Commissioners request, Councilmember Gunn provided an update to the Theater project and Hwy 10 streetlight issue. ADJOURNMENT: Commissioner Benz made a motion seconded by Commissioner Dentz to adjourn the meeting. Motion passed unanimously. 58 M PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 6, 1998 Mounds View City Hall 2410 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order at by Chairperson Peterson at 7:00 p.m., May 6, 1998. 2. Roll Call Members present: Chairperson Peterson, Commissioners Brasaemle, Brooks, Miller, Obert, and Stevenson. Members absent: Commissioner Johnston (Resigned from the Planning Commission). Also present: Community Development Director Jopke, Planning Associate Ericson, Council Liaison Koopmeiners, and Recorder Dave Hix. 3. Citizens' Requests and Comments on Items Not on the Agenda. • There were no citizen requests or comments on items not on the agenda. Index to Minutes Page Planning Case No. 523-98, 2200 Highway 10, Consideration of Resolution 2 No. 545-98 Approving a Development Review Request for a Bowling Alley Expansion, Mermaid, Inc., (Dan Hall) Planning Case No. SP062-98, Consideration of Resolution No. 546-98 4 Regarding a Zoning Code Amendment to Allow Community Centers Within a B-3 district (Ordinance no. 617) 4. Approval of Minutes Chairperson Peterson asked for discussion on the March 18, 1998 meeting minutes and the April 1, 1998 meeting minutes. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 2 No discussion was held. Motion/Second: Stevenson/Brasaemle to approve the March 18, 1998 (Special) meeting minutes and the April 1, 1998 (Regular) meeting minutes as corrected. Ayes - 6 Nays - 0 The motion carried. Chairperson Peterson directed the Commission's attention to Commissioner Johnston's letter of resignation from the Mounds View Planning Commission. 5. Planning Case No. 523-98 2200 Highway 10 Applicant: Mermaid Inc., (Dan Hall) Consideration of Resolution No. 546-98 Approving a Development Request for a Bowling alley Expansion. The applicant, Mermaid Inc., (Dan Hall), was present. Associate Ericson made his presentation as follows: The owner of the Mermaid Bowling Alley is requesting permission to add eight new bowling lanes to the north side of the existing facility at 2200 Highway 10. The site is currently, and inappropriately, zoned B-3. The addition would consist of 7,825 square feet which would necessitate the construction of 40 additional parking spaces. There is no additional runoff expected from the development, although the Rice Creek Watershed District will need to review the development proposal and issue a watershed permit before construction can begin. There are 505 parking spaces proposed by the developer. The required number, including the new addition, would be 482, thus parking requirements will be met. One problem that was discussed was the parking stalls, as shown on the proposal drawings, were dimensioned at 9'x18' instead of the required 9'x20'. The shorter 9'x18' parking stalls have been allowed only for perimeter parking where an overhang of the car into greenspace may occur. These allowances, however, have been allowed as part of a PUD. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 3 There was a problem in that the parking areas were shown to be at the property line instead of set back by the required ten feet. The existing parking lot setback along the western property line is five feet. There is a potential problem in that vehicles parking near the property line would extend too far over the property line encroaching into the neighboring property. Staff recommended redrawing the site plan to show 45 degree angled parking around the proposed addition, which would allow for the continuation of the five-foot parking lot setback from the property lines and the addition of a five-foot sidewalk around the perimeter of the building and show concrete curb and gutter along the north parking lot. Staff recommended the Planning Commission approve Planning Commission Resolution No. 545-98, a resolution recommending to the City Council approval of the development review as requested by Mermaid Inc., with stipulations. Commissioner Miller questioned the fact that the City had allowed the bowling alley to operate in the B-3 zone. Director Jopke told the Commission the City, at an earlier period of time, allowed, without discussion and consideration of changing the code, the bowling alley to operate. He added it would not be appropriate at this time to deny the expansion because it has existed there with no problems. Staff is recommending the Code be amended to allow a bowling alley in that particular zone. Commissioner Stevenson stated his main concern is the parking issue. The fact that all of the new parking would be at the perimeter of the lot, would make it necessary for the bowling alley patrons to walk further to get to the bowling facility. Chairperson Peterson stated the five-foot parking setback from the property lines should be maintained. Commissioner Miller questioned snow storage. Dan Hall, for Mermaid Inc., told the Commission he does the snow plowing for the facility and there is room available on the existing site for snow storage. Commissioner Miller stated because of the allowed use of amusement centers in a B-3 zone it made sense to reconsider allowing a bowling alley as one of the permitted uses in a B-3 zone. Commissioner Miller questioned the outdoor lighting requirements for the building. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 4 Mr. Hall told the Commission his facility has adequate lighting and that all City requirements for lighting would be adhered to. Motion/Second: Stevenson/Miller to approve Resolution 547-98 recommending the City Council approve Ordinance No. 618, which allows bowling alleys as a permitted use in a B-3 zone. Ayes - 6 Nays - 0 The motion carries. Motion/Second: Obert/Brasaemle to approve Resolution 545-98 recommending approval by the City Council for a development review for the expansion of the Mermaid Entertainment Center, 2200 Highway 10; Planning Case No. 5232-98, with stipulations. Ayes - 6 Nays - 0 The motion carried. 6. Planning Case No. SP062-98 Applicant: The City of Mounds View Consideration of Resolution No. 546-98 Regarding A Zoning Code Amendment to Allow Community Centers Within B-3 District(Ordinance No. 617) The applicant, The City of Mounds View, was present. Director Jopke made his report as follows: The Community Center is currently zoned B-3 Highway Business. At present the City's zoning code does not permit a community center as either a permitted use or a conditional use. The City Attorney had drafted two alternative code amendments for the Commission to consider regarding the issue. Alternative one is to make a community center a permitted use. Alternative two is to make community centers a conditional use and to set standard for the issuance of conditional use permits. The Attorney's draft ordinances also include other similar uses such as public or semi-public recreational buildings, schools, and churches. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 5 A code amendment, it was stated, is necessary prior to the issuance of any occupancy permits for the new Mounds View Community Center which is under renovation/construction on the site of the former Bel Rae Ballroom. Staff recommended that the Planning Commission pass Resolution No. 546-98, a Resolution recommending that City Council approve Ordinance No. 617; an ordinance relating to zoning, the B-3 Highway Business District and the permitted uses thereof, and amending Title 1114, Section 1114.02 in the Mounds View City Code; Planning Case No. SP062-98. Commissioner Brasaemle stated he viewed the community center use as less intensive than the uses already allowed under the B-3 zoning. Because of this, he said he would prefer to deal with the rezoning on a permitted-use basis. Commissioner Stevenson agreed with Brasaemle's viewpoint on the issue. Chairperson Peterson stated there would be less control of the development with the permitted use. Commissioners Miller and Brooks stated in favor of the permitted-use approach. Motion/Second: Brasaemle/Miller to approve Resolution 546-98, a Resolution recommending that the City Council approve Ordinance No. 617; an ordinance relating to zoning, B-3 Highway Business District and the Permitted Uses Thereof, and amending Title 1114, Section 1114.02 in the Mounds View Code; Planning Case No. SP062-98. Ayes - 6 Nays - 0 The motion carried. 7. Staff Reports/Informational Items A. Comprehensive Plan Discussion Director Jopke directed the Commission's attention to the attached summary of the Community Forum meetings recently held in regard to the Comprehensive Plan Update process. He asked each Commissioner to review the report, gather any comments/additions/corrections/recommendations and bring that information forth at the next meeting of the Planning Commission. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 6 Commissioner Stevenson asked Jopke to report to the Commission on the City Council's reaction to the Community Forum Summary Report. Director Jopke told the Commission that the City Council had expressed some concerns about the inclusion of all of the community in the process. They have suggested a community survey of some sort to be done in conjunction with the information gathered in the Community Forums. Commissioner Brasaemle stated he agreed with the City Council. He added the opinions expressed by the citizens at the Community Forums were a "very vocal minority". Commissioner Stevenson stated he questioned doing a Focus 2000 type of survey. He said it would be just as effective to go forward with the information that has been gathered. Chairperson Peterson stated he didn't know what the City could do to get total involvement from the citizens. It was his opinion that the City should move forward with the information that has been gathered. The City is obligated to finish the Comprehensive Plan Update process by the end of the year and that time is approaching quickly. Commissioner Miller stated that many of the issues the citizens had mentioned in the Community Forums have already been addressed. She stated that one more survey, one more phone call, or one more meeting would not get the City any more accurate information than it already has. Commissioner Stevenson suggested using Director Jopke's experience with these issues, along with any outside expertise if deemed necessary, to move forward and get the job accomplished. Commissioner Obert agreed that the time to have the Comprehensive Plan Update process completed was drawing near. B. Resignation of Commissioner Johnston C. Walgreen's Project Associate Ericson told the Commission that the City Council had voted to deny the Walgreen's project. According to TOLD Development, Inc., Walgreens is still interested in developing within the City of Mounds View. So plans could again be before the Commission in the near future. D. The Theater Project. Mounds View Planning Commission May 6, 1998 Regular Meeting Page 7 Director Jopke told the Commission that the City Council had passed a resolution approving the development stage plan, wetland buffer permit and another resolution relating to certain improvements on Edgewood and the signalized intersection relating to the theater project. Negotiations continue with MnDOT staff regarding the right-in/right- out to the site. Three of the City Council members have indicated their support for access to either or H2 and/or Long Lake Road or both. The developer is looking at plans to achieve this alternate access. The City Attorney has indicate the City Council can approve the revised plan without it returning before the Planning Commission. 8. Chairperson and Planning Commissioners' Reports No Chairperson or Planning Commissioners'Reports were considered. 9. Adjournment to the Agenda Meeting There being no further business before the Regular meeting of the Planning Commission, Chairperson Peterson adjourned the meeting at 8:10 p.m. (The Regular Meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ckiik Rick Jopke Community Development Director PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting May 20, 1998 Mounds View City Hall 2410 Highway 10, Mound View,MN 55112 1. Call To Order The meeting was called to order by Chairperson Peterson at 7:00 p.m., May 20, 1998. 2. Roll Call Members present: Chairperson Peterson, Commissioners Brasaemle, Miller, Obert (arrived at 7:10), and Stevenson. Absent: Commissioners Brooks (excused); Council Liaison Koopmeiners. Also present: Community Development Director Jopke, Planning Associate Ericson, and Recorder Dave Hix. 3. Citizens' Requests and Comments on Items Not on the Agenda There were no citizen requests or comments on items not on the agenda. Index to Minutes Page Planning Case No. 524-98, 2824 Woodale Drive, Consideration of Resolution 2 No. 547.98 Approving a Variance for a Reduced Front Yard Setback, Ron and Jan Overton. Planning Case No. 526-98, 8400 Coral Sea Street, Consideration of Resolution 4 No. 548-98 Approving a Variance for Reduced Parking Ratios, Bridges Leasing Company II, LLC Planning Case No. 528-98, 2359 Pinewood Circle, Consideration of Resolution 5 No. 550-98 Approving a Conditional Use Permit For a Residential Dog Kennel, Marcia& Scott Dumonceaux Mounds View Planning Commission May 20, 1998 Special Meeting Page 2 4. Approval of Minutes: April 15, 1998 Motion/Second: Brasaemle/Stevenson to approve the April 15, 1998 Planning Commission (Special) meeting minutes as amended. Ayes -4 Nays - 0 The motion carried. 5. Planning Case No 524-98 2824 Woodale Drive Applicant: Ron and Jan Overton Consideration of Resolution No. 547-98 Approving a Variance for a Reduced Front Yard Setback. The applicant, Jan Overton was present. Associate Ericson gave his report as follows: The applicants were requesting a 16.6 foot variance to the 54 foot front yard setback that currently exist on their home located at 2824 Woodale Drive. The 54 foot setback was established by Section 1104.01, Subd. 3., "requires a 30 foot front yard setback. Where principle buildings in existence on one side of a block are set back more than 30 feet, the minimum setback shall be the minimum setback in existence for any one lot." The property is 126 feet wide and 290 feet deep and covers 0.84 acres. The footprint of the existing home is approximately 1,000 square feet. The Overtons are planning on reconfiguring the home's existing floor plan, including moving the existing stairway leading to the basement. In order to do this, an entryway/foyer will need to be added to the front of the home, within which the access to the lower level would be relocated. Two letters had been received from the neighbors. One letter from David Rudnick in favor of the addition and the second letter from JoAnn Valley questioning the definition of a foyer. Staff is recommending approval of Planning Commission Resolution No. 547-98 approving a variance for Ron and Jan Overton at 2824 Woodale Drive to allow for a reduced front setback of 37.4 feet, subject to stipulations. Mounds View Planning Commission May 20, 1998 Special Meeting Page 3 Chairperson Peterson returned the floor to the Commission for questions of staff Commissioner Brasaemle asked for the current side yard setbacks. Associate Ericson stated they were approximately 30 feet, although he had not measured them during his field visit of the site. Mr. Allen, the project architect, gave his presentation as follows: The house currently has stucco and vinyl siding. The new addition will be attached to the house and blended into the existing finishes. All of the roofs will be new. All of the windows will be new. There will be a new two-car-detached garage, also with finishes to match the existing. An attached garage was not considered because it would have meant capping an existing well that is used for irrigation purposes. Chairperson Peterson returned the floor to the Commission for discussion. Commissioner Brasaemle asked what the setback was for the houses on the other side of Woodale. Associate Ericson told the Commission the setback was 30 feet. All the Commissioners spoke in favor of the project. Commissioner Brasaemle suggested removing from the fifth Whereas starting after the word "Code", remove "was amended in 1996 by Ordinance 590 to", and change the word "protect" to "protects". This change would clarify the meaning and intent of the Resolution. The Commissioners agreed with the changes. Motion/Second: Brasaemle/Miller to approve Resolution 547-98 as amended approving a reduction in the front setback requirement from 54 feet to 37.4 feet for construction of a foyer entryway at 2824 Woodale Drive, Planning Case No. 524-98, with stipulations as stated in the resolution. Ayes - 5 Nays- 0 The motion carried. Mounds View Planning Commission May 20, 1998 Special Meeting Page 4 6. Planning Case No. 526-98 8400 Coral Sea Street Applicant: Bridges Leasing Company II, LLC Consideration of Resolution No. 548-98 Approving a Variance for Reduced Parking Ratios The applicant, Bridges Leasing Company II, LLC, was present. Associate Ericson gave his report as follows: Bridges Technology Park Phase II recently had an approval of a development review adding to the existing building at 8400 Coral Sea Street. As part of this review the parking was looked at. It was determined that the parking the applicant had shown on their site plans was not sufficient to meet the code requirement. However, there was enough space if proof of parking was used, which necessitated a variance request so the applicant could construct the parking lot as indicated on the site plan and in Resolution 5219, which was approved the City Council on April 27, 1998. Two hundred stalls are required by the Code requirement. The applicant is proposing to construct 171 with the remaining 29 plus parking stalls and proof of parking. There is room for more stalls but the stalls that could be added are located along side of the wetland into the rear of the property. The Council and Planning Commission thought that the land would be better used as green space and additional buffer to the wetland and from the building. Staff is proposing to maintain the office space parking ratio, three spaces plus one space for every 175 square feet of floor area, but raise the requirements for the warehouse and manufacturing to eight spaces plus one space for every 750 square feet of floor space. This action would leave the requirements for parking at this facility at 168 spaces. Staff is recommending approval of Resolution 548-98, which approves a parking ratio variance for Bridges Leasing Company, located at 8400 Coral Sea Street, subject to stipulations, as stated in the Planning Report dated May 20, 1998. Chairperson Peterson returned the floor to the Commission for questions. Commissioner Brasaemle asked the applicant if there had been any changes since the site plan had been approved on April 27, 1998. Grady Kinghorn, representing Bridges Leasing Company II, LLC, told the Commission the only change had been the addition of more handicap parking stalls as had been Mounds View Planning Commission May 20, 1998 Special Meeting Page 5 requested by the Planning Commission. He said the stipulation, as stated in the Planning Report, would not be a problem for the developer. Motion/Second: Peterson/Brasaemle to approve Planning Commission Resolution 548-98, a Resolution approving a variance in parking rations for Bridges Leasing Company, LLC, Located at 8400 Coral Sea Street; Mounds View Planning Case No. 526-98, with stipulations as stated in the Planning Report dated May 20, 1998. Ayes - 5 Nays - 0 The motion carried. 7. Planning Case No. 528-98 2359 Pinewood Circle Applicant: Monica& Scott Dumonceaux Consideration of resolution No. 550-98 Approving a Conditional Use Permit For a Residential Dog Kennel. The applicant, Marcia& Scott Dumonceaux were present. Associate Ericson gave his report as follows: The applicants own four dogs. According to City Code, home owners having three or four dogs must have a kennel license and a conditional use permit. One of the requirements for getting the kennel license is that the applicant take a petition to all neighbors within 500 feet of their property. A majority of the surrounding property owners must sign off on the petition in order for the license and conditional use permit to be considered by the City. The applicants have submitted the petition and it has been checked against City records to insure its validity. There seems to have been only one neighbor in opposition to the license and conditional use permit. Chairperson Peterson asked staff if a check had been made with the police department for complaints that had been made against the applicants' dogs. Associate Ericson stated he had not checked but the action is one of the steps that staff will need to complete as a part of the licensing procedure. Mounds View Planning Commission May 20, 1998 Special Meeting Page 6 Staff is recommending approval of Planning Commission Resolution No. 550-98, a Resolution recommending the City Council approval of a Conditional Use Permit to allow for a Dog Kennel for Scott and Marcia Dumonceaux, 2359 Pinewood circle; Mounds View Planning Case No. 528-98. Chairperson Peterson returned the floor to the Commission for questions. Marcia Dumonceaux told the Commission that the dogs are house dogs. At night the dogs are in the house. During the day when there is nobody home one dog is in a kennel in the yard, and the rest of the dogs stay in the house until somebody comes home. The property has a fenced in back yard. There has been one police report made because of the dogs' barking. The one neighbor in opposition has not been willing to reach a compromise on what to do to make the situation livable for everybody. Motion/Second: Stevenson/Miller to approve Planning Commission resolution 550-98, a Resolution recommending the City Council approval of a Conditional Use Permit to allow for a dog kennel for Scott and Monica Dumonceaux, 2359 Pinewood Circle; Mounds View Planning Case No. 528-98. Ayes - 5 Nays - 0 The motion carried. 8. Staff Reports/Information Items A. Update on Comprehensive Plan Director Jopke gave all of the Commissioners new Comprehensive Plan Update Work Books and told the Commission that the Comprehensive Plan Update process would be resumed at the next regular meeting of the Planning Commission. B. Anthony Properties Update Director Jopke told the Commission that Anthony Properties, the City of Mounds View, and MnDOT had reached a compromise on the signalized intersection and access for the new theater project. Edgewood will be realigned and intersect with Highway 10 with a signal. Edgewood will continue across Highway 10 (access into the theater/business area), into and through the parking lot of the theater and ending at County Road H2. This scenario had made it necessary for the Anthony Properties plan to be revised. The Theater Mounds View Planning Commission May 20, 1998 Special Meeting Page 7 seating has been reduce to accommodate the reduction of approximately 90 parking stalls. A petition was filed for a referendum in regards to the access road. Signatures on the petition are currently be reviewed to ensure their validity. Associate Ericson told the Commission the City Attorney has given an opinion that states the issue does not meet the criteria for a valid petition in that Minnesota case law would hold that these types of actions, that is non-legislative actions, are not subject to initiative referendum; in addition to some problem with the construction of the petition itself. 9. Chairperson and Planning Commissioners' Reports There were no reports from the Chairperson or the Commissioners. 10. Adjournment There being no further business before the Planning Commission Special Meeting, Chairperson Peterson adjourned the meeting at 8:10 p.m. Respectfully submitted, (A-at' jer1(1 Rick Jopke Community Development Director �Sc BERNICK AND LIFSON, P.A. SUITE 1200, THE COLONNADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MN 55416 TEL. (612)546-1200 FAX(612)546-1003 MEMORANDUM TO: City Managers/Administrators North Suburban Cable Territory FROM: Tom Creighton, Legal Counsel Cable Commission DATE: June 12, 1998 SUBJECT: Renewed Franchise As you may recall, you were sent a proposed Franchise Ordinance from this office in mid-April. Since then many of your Cities have conducted workshops to discuss the document. Enclosed please find the final proposed Franchise Ordinance for adoption by your City. Also enclosed is an Ordinance Summary which you may use for publication if your City so requires. Please consider the enclosed proposed Franchise Ordinance at your next regularly scheduled meeting. We are, of course, available for any further discussion or information which your City may require. Please contact Cor Wilson to schedule such conferences. After your City has adopted the Franchise Ordinance, please have it signed by the appropriate individuals and return the original to this office. We will secure the signature of the company when all ten Cities have adopted the Ordinance. We will return the original to you for your ordinance codification after the company has signed the document. Again, please contact us if you have any questions. cc: Ms. Cor Wilson C:\CABLE\NSCCCC\FRANCHIS.MEM ORDINANCE SUMMARY Prepared by: Thomas D. Creighton Robert J.V.Vose Bernick and Lifson,P.A. ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF ; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System, and the continued operation of it. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS The City Council makes the following findings: 1. The company technical ability, financial condition, legal qualifications, and character were considered and approved; 2. The company plans for constructing, upgrading, and operating the System were considered and found adequate and feasible; 3. The Franchise complies with applicable laws and regulations; and 4. The Franchise is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS This Section names the Franchise Ordinance as the Cable Franchise Ordinance and contains many definitions regarding the cable system. 1 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS This Section grants a nonexclusive, fifteen(15)year Franchise pursuant to the company's proposal and additional requirements contained in the Franchise. This Section further provides for free subscriber service to designated public and educational institutions. SECTION 3. CONSTRUCTION STANDARDS This Section provides for permitting requirements, construction code compliance, undergrounding requirements, and other conditions on the use of the Rights-of-Way. SECTION 4. DESIGN PROVISIONS This Section provides for the construction of a System providing 750 MHZ capacity and which is fully activated with the capability of a minimum of up to 81 video channels. The company will develop, construct and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and other competitive services which shall be activated as Marketplace Need dictates. The company will complete all construction related to the System upgrade on or before November 30, 2000. The Section contains requirements regarding testing and technical standards and provides for four (4) channels to be interconnected with all adjoining cable systems. SECTION 5. SERVICE PROVISIONS This Section provides for rate regulation when permitted by law, customer service standards, late fees and subscriber contracts. SECTION 6. ACCESS CHANNEL(S) PROVISIONS The company will provide twelve (12) channels for public, education and government programming. The company will continue to comply with all requirements regarding community programming operations and funding and in addition will increase the funding by $667,286 over the life of the Franchise. 2 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS This Section contains provisions requiring the company to dedicate certain capacity for use by designated institutions, and contains terms and conditions for the usage and performance of this institutional network. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS This Section contains provisions requiring the company to pay quarterly to City or its delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. In addition, the City shall have the right to require the company to provide copies of any records and the company must file with the City a report of all Gross Revenues and shall furnish such other reasonable reports with respect to operations may be required. If requested, the company shall furnish the maps, plats, and permanent records of the location and character of all facilities. Finally, the City may require evaluation sessions at any time during the term of this Franchise. As a result of a review session, the company will meet with City and undertake good faith efforts to reach agreement on changes and modifications to the Franchise which are both economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS This Section contains provisions requiring the company to furnish a performance bond to City in the amount of$500,000.00 and deliver to City an unconditional Letter of Credit from a National or State bank approved by City in the amount of$25,000.00 to secure compliance with the terms of the Franchise. In addition, this Section provides that the City and its agents shall not be liable for any loss or damage arising out of any action of the company with respect to this Franchise. Finally, as a part of the indemnification above, the company shall maintain a comprehensive general liability insurance policy for any and all damages and penalties which may arise as a result of this Franchise in the sum of not less than$1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $500,000.00 for property damage to any one person and $2,000,000.00 for property damage resulting from any one act or occurrence. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE This Section provides that the City reserves the right to revoke, this Franchise, if it is determined by City that the company has violated material provisions(s) of this Franchise, has attempted to 3 evade any of the provisions of the Franchise; or has practiced fraud or deceit upon City. This Section also contains provisions regarding abandonment of service and removal of equipment and requires that the company receive approval prior to sale or transfer. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS This Section prohibits discrimination and requires subscriber privacy by the company. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS This Section prohibits unauthorized connections to the system or damage to the system. SECTION 13. MISCELLANEOUS PROVISIONS This Section contains a variety of requirements concerning franchise renewal, amendments, compliance with applicable law, and interpretation of the Franchise. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS This Section requires that the Franchise be published in accordance with applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by the company in accordance with the provisions of Section 14.2. The company shall accept this Franchise within sixty (60) days of its enactment by the City Council provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. C:\CABLE\NSCCCC\NSCCCC.SU2 4 ORDINANCE NO. CITY OF MOUNDS VIEW CABLE TELEVISION FRANCHISE ORDINANCE Date: July 15, 1998 Prepared by: Thomas D. Creighton Robert J. V. Vose Bernick and Lifson,P.A. 1200 The Colonnade 5500 Wayzata Boulevard Minneapolis,Minnesota 55416 Telephone: (612) 546-1200 Facsimile: (612) 546-1003 STATEMENT OF INTENT AND PURPOSE 1 FINDINGS1 SECTION 1. SHORT TITLE AND DEFINITIONS 2 1. Short Title. 2 2. Definitions 2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 5 1. Grant of Franchise 5 2. Grant of Nonexclusive Authority. 5 3. Lease or Assignment Prohibited. 5 4. Franchise Term. 6 5. Previous Franchises. 6 6. Compliance with Applicable Laws, Resolutions and Ordinances. 6 7. Rules of Grantee. 7 8. Territorial Area Involved. 7 9. Written Notice 7 10. Subscriber Network Drops to Designated Buildings. 8 SECTION 3. CONSTRUCTION STANDARDS 9 1. Registration, Permits and Construction Codes. 9 2. Repair of Rights-of-Way and Property. 9 3. Conditions on Right-of-Way Use. 9 4. Undergrounding of Cable. 10 5. Installation of Facilities 10 6. Safety Requirements. 11 SECTION 4. DESIGN PROVISIONS 11 1. System Upgrade: Minimum Channel Capacity. . . . . . . . . . . . . . . . 11 2. Construction Timetable 12 3. Interruption of Service. 12 4. Technical Standards. 13 5. Special Testing. 13 6. Drop Testing and Replacement 13 7. FCC Reports. 14 8. Interconnection. 14 9. Nonvoice Return Capability. 14 10. Lockout Device 14 SECTION 5. SERVICE PROVISIONS 14 1. Regulation of Service Rates. 14 2. Non-Standard Installations. 14 3. Sales Procedures. 15 4. Subscriber Inquiry and Complaint Procedures. 15 5. Subscriber Contracts. 16 6. Refund Policy. 16 7. Late Fees. 16 8. Office Policy. 16 SECTION 6. ACCESS CHANNEL(S) PROVISIONS 16 1. Public. Educational and Government Access. 16 2. Charges for Use 17 3. Access Rules. 17 4. Access Support. 17 5. Studio Relocation. 17 6. Regional Channel 6 18 7. State and Federal Law compliance. 18 SECTION 7. INSTITUTIONAL NETWORK(I-NET)PROVISIONS 18 1. Capacity. 18 2. Grantee's Use of Capacity. 19 3. End-User Equipment 19 4. Service Standards. 20 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 20 1. Administration of Franchise. 20 2. Delegated Authority. 20 3. Franchise Fee. 20 4. Access to Records 20 5. Reports and Maps to be Filed with City. 21 6. Periodic Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 21 1. Performance Bond. 21 2. Letter of Credit. 22 3. Indemnification of City 25 4. Insurance. 25 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 26 1. City's Right to Revoke. 26 2. Procedures for Revocation. 26 3. Abandonment of Service 27 4. Removal After Abandonment, Termination or Forfeiture. 27 5. Sale or Transfer of Franchise. 28 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 30 1. Discriminatory Practices Prohibited. 30 2. Subscriber Privacy. 30 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 31 1. Unauthorized Connections or Modifications Prohibited. 31 2. Removal or Destruction Prohibited. 31 3. Penalty 31 SECTION 13. MISCELLANEOUS PROVISIONS 31 1. Franchise Renewal. 31 2. Work Performed by Others. 31 3. Amendment of Franchise Ordinance. 31 4. Compliance with Federal, State and Local Laws. 32 5. Nonenforcement by City 32 6. Rights Cumulative. 32 7. Grantee Acknowledgment of Validity of Franchise. 33 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 33 1. Publication: Effective Date. 33 2. Acceptance. 33 ORDINANCE NO. 140,9--1 AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE NORTH CENTRAL COMMUNICATIONS CORP. TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY [IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of Mounds View ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System, and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading, and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. 1 SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Franchise Ordinance. 2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). b. "City" means City of Mounds View, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. c. "City Council" means the governing body of the City. d. "Cable Service" or "Service" means the provision of communications and/or entertainment services as "Cable Service" is defined by Minn. Stat.§ 238.01 et seq. and 47 U.S.0 § 521 et seq., as may be amended from time to time, but including Institutional Network services. e. "Cable System" or "System" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, Converters, equipment, or facilities located in City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and data. System as defined herein shall not be inconsistent with the definitions set forth in Minn. Stat. 238.02, subd. 3 and 47 U.S.C. § 522(7). f. "Class IV Cable Channel" means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. g. "Commercial Need" or "Marketplace Need" means such need or market demand which City and Grantee may jointly determine requires action or performance by Grantee as specifically set forth in this Franchise. Such determination shall be based upon evidence and information presented by 2 City, Grantee and other interested parties at a duly noticed public proceeding. Grantee shall have an opportunity to present evidence regarding the level of market demand, the cost of meeting such demand and the availability of technologies to meet such demand. Any decision regarding Commercial or Marketplace Need which requires action by Grantee shall not be unreasonable. h. "Converter" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. j. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory and contractual relationship established hereby. 1. "Grantee" is MediaOne North Central Communications Corp., its lawful successors, transferees or assignees. m. "Gross Revenues" means all revenue received directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, or person in which Grantee has financial interest of five percent (5%) or more, from the operation of its System within City including, but not limited to, all Cable Service fees, Franchise Fees, PEG Fees, late fees, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue, Converter rental fees, Lockout Device fees, fees related to commercial and institutional usage of the I-net, Internet access fees, cable modem service fees and interest. The term Gross Revenues shall not include any taxes on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit. n. "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. o. "Institutional Network" or "I-net" means the discrete communications network and services related to such network provided by Grantee to identified institutions as required by this Franchise. 3 p. "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable Communication System. q. "Memorandum of Understanding" or "MOU" means that certain agreement dated November-3, 1994 regarding PEG access funding, creation of a "PEG Fee" and certain rate regulatory issues. r. "North Suburbs Access Corporation" means that certain non-profit corporation or its lawful successor, designee, or assignee, which is delegated authority and responsibility for providing certain community programming functions including public access. s. "North Suburban System" means the Cable System located in those municipalitiescollectively comprising the North Suburban Cable Service territory as originally approved by the Minnesota Cable Communications Board. t. "Pay Television" means the delivery over the System of pay-per-channel or pay-per-program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Cable Programming Services. u. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. v. "Proposal" means the Proposal for Franchise Renewal dated May 13, 1997, submitted to the North Suburban Cable Communications Commission by Group W Cable of the North Suburbs, Inc., as amended by the revised Renewal Proposal submitted under cover letter dated August, 4, 1997, and related correspondence and prior agreements or resolutions which are attached hereto as Exhibit A. w. "Right-of-Way" or "Rights-of-Way" means the area on, below, or above any real property in City in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of City, including other dedicated Rights-of-Way for travel purposes and utility easements. x. "Right-of-Way Ordinance"means the ordinance codifying requirements regarding regulation, management and use of Rights-of-Way in City, including registration and permitting requirements. 4 y. "Standard Installation" means any residential installation which can be completed using a Drop of 250 feet or less. z. "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Grantee shall comply with all provisions of its Proposal, which is expressly incorporated herein by reference. Failure of Grantee to provide a System as described in its Proposal, or meet obligations and comply with all provisions therein, shall be deemed a violation of this Franchise. 2. Grant of Nonexclusive Authority. a. The Grantee shall have the right and privilege, subject to the permitting and other lawful requirements of City ordinance, rule or procedure, to construct, erect, and maintain, in, upon, along, across, above, over and under the Rights-of-Way in City a Cable System and shall have the right and privilege to provide Cable Service. The System constructed and maintained by Grantee or its agents shall not interfere with other uses of the Rights-of-Way. Grantee shall make use of existing poles and other above and below facilities available to Grantee to the extent it is technically and economically feasible to do so. b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be used by Grantee if City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or with the present use of the Right-of-Way. c. This Franchise shall be nonexclusive, and City reserves the right to grant a Franchise to any Person at any time during the period of this Franchise for the provision of Cable Service. The terms and conditions of any such Franchise shall be, when taken as a whole, no less burdensome or more beneficial than those imposed upon Grantee pursuant to this Franchise. 3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the purpose of providing Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise. Any assignment of 5 rights under this Franchise shall be subject to and in accordance with the requirements of Section 10, Paragraph 5. 4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee. 6. Compliance with Applicable Laws. Resolutions and Ordinances. a. The terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the System in City. However, the Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance-making authority, and eminent domain rights of City. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of City's police power, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of Grantee as provided in Section 13.3 herein. b. Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights-of-Way within City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5(c) herein, except that Grantee shall not, through application of such City ordinance or regulation of Rights-of- Way, be subject to additional burdens with respect to usage of Rights-of- Way which exceed burdens on similarly situated Rights-of-Way users. c. In the event of any conflict between Section 3 and/or Section 8.5 (c) of this Franchise and any City ordinance or regulation which addresses usage of the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8.5 (c) of this Franchise shall be superseded by such City ordinance or regulation, except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. 6 d. In the event any City ordinance or regulation which addresses usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5 (c) of this Franchise, Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which exceed burdens on similarly situated Rights-of-Way users. e. In the event Grantee cannot determine how to comply with any Right-of- Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee shall immediately provide written notice of such question, including Grantee's proposed interpretation, to the City with copy to the North Suburban Cable Communications Commission, in accordance with Section 2.9. The City or Commission shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by Grantee apply. Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, City, or any other body having lawful jurisdiction. 8. Territorial Area Involved. This Franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the territory for which this Franchise is granted provided, however, that Grantee shall not be required to extend service beyond its present System boundaries unless there is a minimum of 50 homes per cable mile for underground plant and 35 homes per cable mile for overhead plant. Access to cable service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas but in no event not to exceed twelve (12) months from notice thereof by City to Grantee and qualification pursuant to the density requirements of this Subsection 8. 9. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any 7 officer of Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 Attention: City Manager/Administrator With copies to: North Suburban Cable Communications Commission 950 Woodhill Drive Roseville, Minnesota 55113 And to: Thomas D. Creighton, Esq. and Robert J. V. Vose, Esq. Bernick and Lifson, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, Minnesota 55416 If to Grantee: General Manager MediaOne 950 Woodhill Drive Roseville, Minnesota 55113 With copies to: John F. Gibbs, Esq. Robins, Kaplan, Miller & Ciresi, L.L.P. • 2800 LaSalle Plaza 800 LaSalle Ave. So. Minneapolis, Minnesota 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 10. Subscriber Network Drops to Designated Buildings. Grantee shall provide, free of charge, Installation of one (1) subscriber network Drop, one (1) cable outlet, one (1) Converter, if necessary, and monthly Basic Cable Service without charge to the institutions identified on Exhibit B attached hereto and made a part hereof, and such other public or educational institutions subsequently designated by City which is located five hundred (500) feet or less from the existing Subscriber network. Any such institution located more than five hundred (500) feet shall be connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. Additional subscriber network Drops and/or outlets in any of the locations identified on Exhibit B will be installed by Grantee at the cost of Grantee's time 8 and material. Alternatively, said institution may add outlets at its own expense, as long as such Installation meets Grantee's standards. Grantee shall have three (3) months from the date of City designation of additional institution(s) to complete construction of the Drop and outlet unless weather or other conditions beyond the control of Grantee requires more time. The provision of Institutional Network service is addressed in Section 7 herein. SECTION 3. CONSTRUCTION STANDARDS 1. Registration, Permits and Construction Codes. a. Grantee shall strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property. b. Failure to obtain permits or comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law. 2. Repair of Rights-of-Way and Property. Any and all Rights-of-Way, or public or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to the same condition as that prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to promptly perform the restoration required herein, after written request of City and reasonable opportunity to satisfy that request, City shall have the right to put the Rights-of-Way, public, or private property back into good condition. In the event City determines that Grantee is responsible for such disturbance or damage, Grantee shall be obligated to fully reimburse City for such restoration. 3. Conditions on Right-of-Way Use. a. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. b. All System transmission and distribution structures, lines and equipment erected by the Grantee within City shall be located so as not to obstruct or 9 interfere with the use of Rights-of-Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights-of-Way and not to interfere with existing public utility installations. c. If at any time during the period of this Franchise City shall elect to alter or change the grade or location of any Right-of-Way, the Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the reasonable and lawful standards and specifications of City. d. The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right-of-Way shall be so placed as to comply with all reasonable and lawful requirements of City. e. The Grantee shall, upon request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance written notice to arrange for such temporary changes. f. The Grantee shall have the authority to trim any trees upon and overhanging the Rights-of-Way of City so as to prevent the branches of such trees from coming in contact with the wires and cables or other facilities of the Grantee. g. Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-of-Way. 4. Undergrounding of Cable. Unless otherwise required by action of City Council, Grantee must place newly constructed facilities underground in areas of City where all other utility lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted with Grantee's permit application(s) and approved by City. 5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire-holding structures shall be erected or installed by the Grantee without required permit of City. 10 6. Safety Requirements. a. The Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. The Grantee shall install and maintain its System and other equipment in accordance with City's codes and the requirements of the National Electric Safety Code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with City communications technology related to health, safety and welfare of the residents. c. All System structures, and lines, equipment and connections in, over, under and upon the Rights-of-Way of City, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of City or any Person. SECTION 4. DESIGN PROVISIONS 1• System Upgrade: Minimum Channel Capacity. a. anee adv , so it and efohe m ths Fanci a GrSystem providingshlle 750 MHz capacity and whrate ichr is fullyteractivatediwith these capabilitty of deliverielopng conto all ct Subscribersopcapabletof receivingof r themha minimum of up to 81 video programmed channels. Construction will be completed and channels itrvated as described in Exhibit C attached. b. The System will utilize a hybrid fiber-coaxial architecture as detailed in the Proposal. In addition, the System will be designed with the capability to transmit return signals upstream in the 5 - 40 MHz spectrum which shall be activated as Commercial Need dictates. Finally, in conjunction with the upgrade, Grantee shall replace all existing headend equipment with state-of- the-art standard frequency headend equipment. c. Grantee shall develop, construct and operate a System capable of providing non-video services such as high-speed data transmission, Internet access, and other competitive services which shall be activated as Marketplace Need dictates. Grantee may use 200 MHz of the total 750 MHz System capacity for the provision of such services. 11 d. During the design, walkout and preliminary construction activities related to upgrade of the System, Grantee shall seek to identify the non-video interests of the business community within City and will seek to quantify business community demand for non-video services. Grantee shall report the results of its investigation into business demand for non-video services to the City or its designee no later than one (1) year from the commencement date of the Franchise. e. All final programming decisions remain the discretion of Grantee in accordance with the Proposal, provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Channels shall be governed by Section 6, 1. (c). 2. Construction Timetable. a. Grantee shall complete all construction related to the System upgrade required by Section 4 herein on or before November 30, 2000, in accordance with the specific timeline identified in Exhibit C attached. Failure to timely complete such construction shall be a violation of this Franchise. b. The System, once upgraded, shall continue to offer Service to all dwelling units serviceable prior to upgrade and shall extend Service to any area within the corporate boundaries of City which was not previously constructed which exceeds a density of 35 dwelling units per cable mile or greater for overhead plant and 50 dwelling units per cable mile for underground plant. c. Within ninety (90) days after the commencement of the renewal term of this Franchise, Grantee shall commence application for all necessary permits, licenses, certificates and authorizations which are required in the conduct of its business. Failure to timely commence application for the aforementioned authorizations shall be a violation of this Franchise. d. Within ninety (90) days after commencement of the term of this renewed Franchise, Grantee will commence System design, walkout and all other preliminary construction activities related to upgrade of the System and shall give written notice thereof to City upon commencement of such activities. 3. Interruption of Service. The Grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of 12 minimum use of the System. If service is interrupted for a total period of more than forty eight (48) hours in any thirty (30) day period, Subscribers shall be credited pro rata for such interruption. 4. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 5. Special Testing. a. The City shall have the right to inspect all construction or installation work • performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. b. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or- complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee's expense by a qualified engineer selected by City and Grantee, and Grantee shall cooperate in such testing. 6. Drop Testing and Replacement. Grantee shall insert a 750 MHz carrier at a level 10db below the video carriers that will be measured by Grantee as a normal procedure during all service calls. In addition, the Drops and related passive equipment will be inspected during Installations to assure that the Drop and passive equipment can pass the full 750 MHz System capacity. In the event measurement of the carrier or the inspection demonstrate that a Drop or associated passive equipment do not pass the full 750 MHz, the Subscriber address will be recorded by Grantee and Grantee shall provide City, or its designee, upon request a report indicating the addresses where Drops or associated passive equipment have failed. Grantee shall replace all failing Drops and/or associated passive equipment at the 13 time the address upgrades service to a level which requires a signal above the 550 MHz spectrum at no separate charge to the individual subscriber. 7. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall upon request of City also be filed with the City or its designee within ten (10) days of the conduct of such tests. 8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview shall continue to be completely interconnected. In addition, Grantee shall make available for interconnection purposes one (1) six (6) MHz channel for forward video purposes, one (1) six (6) MHz channel for return video purposes, one (1) six (6) MHz channel for forward data or other purposes, and one (1) six (6) MHz channel for return data or other purposes between all Systems adjacent to the North Suburban System and under common ownership with Grantee. 9. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 10. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device at no additional charge to Subscribers. SECTION 5. SERVICE PROVISIONS 1. Regulation of Service Rates. a. The City may regulate rates for the provision of Cable Service, equipment, or any other communications service provided over the System to the extent allowed under federal or state law(s). City reserves the right to regulate rates for any future services to the extent permitted by law. b. Grantee shall give City and Subscribers written notice of any change in a rate or charge at least one billing cycle prior to the effective date of the change. Bills must be clear, concise, and understandable, with itemization of all charges. 2. Non-Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable Service can meet FCC technical specifications and all payment and policy obligations are met. In such case, Grantee may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. 14 3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing any of its services within City. In its initial communication or contact with a non-Subscriber and in all general solicitation materials marketing the Grantee or its services as a whole, Grantee shall inform the non-Subscriber of all levels of service available, including the lowest priced and free service tiers. Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulation. 4. Subscriber Inquiry and Complaint Procedures. a. Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive Subscriber complaints and requests on a twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days a year basis. During normal business hours, trained representatives_of Grantee shall be available to respond to Subscriber inquiries. b. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and City where applicable and lawful. 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. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. Grantee shall respond to written complaints with copy to City or its designee within thirty (30) days. c. Subject to Grantee's obligations pursuant to law regarding privacy of certain information, Grantee shall prepare and maintain written records of all complaints received from City and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Grantee. Grantee shall provide City with a written summary of such complaints and their resolution upon request of City. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to City upon request. d. Subscriber requests for repairs shall be performed within thirty-six (36) hours of the request unless conditions beyond the control of Grantee prevent such performance. Grantee may schedule appointments for Installations and other service call either at a specific time or, at a maximum, during a four hour time block during normal business hours. 15 Grantee may also schedule service calls outside normal business hours for the convenience of customers. Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during normal business hours. 6. Refund Policy. In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. 7. Late Fees. Fees for the late payment of bills shall not be assessed until after the service has been fully provided and, as of the due date of the bill notifying Subscriber of an unpaid balance, the bill remains unpaid. Late Fees may not exceed the actual costs to Grantee of late payment of bills and the servicing and collecting of such accounts. 8. Office Policy. Grantee shall maintain a location in City or the Franchise territory encompassing any joint regulatory body of which City is a Member for receiving Subscriber inquiries and bill payments. The location must be staffed by a person capable of receiving inquiries and bill payments. In addition, Grantee shall maintain a local drop box for receiving Subscriber payments after hours. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 1. Public. Educational and Government Access. a. City or its designee is hereby designated to operate, administer, promote, and manage access (public, education, and government programming) (hereinafter "PEG access") programming on the Cable System. b. Grantee shall dedicate 12 channel(s) for PEG access and community programming use in accordance with the Proposal. All residential 16 Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive such channels at no additional charge. The channel(s) shall be activated upon the effective date of this Franchise and thereafter maintained. City may rename, reprogram, or otherwise change the use of these channels in its sole discretion, provided such use is non-commercial, lawful, and retains the general purpose of the provision of community programming. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. City shall provide ninety (90) days prior written notice to Grantee of City's intent to activate access channels. c. Each public and government access channel(s) required by this Section shall retain the channel designation/number it had as of the commencement of this Franchise term. Grantee may not move or otherwise change the channel number or location of any public or government access or community program channel without the written approval of the City or its designee. Upon six (6) months notice to City, any other access channel may be moved by Grantee, but in no event more than once every two (2) years unless otherwise allowed by City, provided Grantee pays all reasonable costs or expenses arising out of the channel move including, but not limited to, equipment necessary to effect the change at the programmer's production or receiving facility (school frequency routing equipment, etc.), signage, letterhead, business cards, and reasonable marketing or other constituency notification costs. In any event, those access channels carried on the universal service tier pursuant to the MOU shall remain-on the universal service tier. This paragraph shall not apply to Regional Channel 6. 2. Charges for Use. Channel time and playback of prerecorded programming on the PEG access and community program channel(s) must be provided without charge to City and the public. 3. Access Rules. City, or its designee, shall implement rules for use of any access channel(s). 4. Access Support. Grantee shall continue to be obligated pursuant to the MOU, and shall additionally provide $667,286.00 over the term of this Franchise for the acquisition of new equipment according to the schedule in Exhibit A attached. 5. Studio Relocation. In addition to the agreement between the City and Grantee regarding the North Suburbs Access Corporation relocation pursuant to the access transfer agreement, the following shall apply: If North Suburbs Access Corporation expends, with Grantee's express written consent which may not be unreasonably withheld, over $1,000.00 to remodel or renovate its leasehold in a 17 twelve (12) month period and Grantee thereafter requires North Suburbs Access Corporation to move studio locations, Grantee shall reimburse North Suburbs Access Corporation 100% of its expenditures if the request to move is within one (1) year of the expense of North Suburbs Access Corporation. Said reimbursement shall be decreased by 20% for each year the expense was incurred prior to the date North Suburbs Access Corporation is required to move. 6. Regional Channel 6. Grantee shall designate standard VHF Channel 6 for uniform regional channel usage. 7. State and Federal Law compliance. Satisfaction of the requirements of this Section 6 satisfies any and all of Grantee's state and federal law requirements of Grantee with respect to PEG access. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS 1. Capacity. a. Grantee shall provide an Institutional Network with 54 channel capacity (16 upstream channels and 38 downstream channels) in the 5-450 MHz spectrum, all in accordance with the Proposal. All institutions designated on Exhibit B attached hereto and made a part hereof shall be connected to the Institutional Network along with any new City Hall which may be constructed by City or to which City may otherwise move its government offices or City Council meeting locations. Other public or educational institutions subsequently designated by City shall be connected to the Institutional Network if the designated institution is located less than five hundred (500) feet from the existing Institutional Network, or if such designated institution agrees to reimburse Grantee for Grantee's actual costs in excess of the five hundred (500) foot installation actual costs. b. All institutions designated on Exhibit B attached shall be allowed to make use of the full channel capacity for video uses at no charge. The institutions designated on Exhibit B attached may make use of three (3)-6 MHz channels downstream and three (3)-6 MHz channels upstream for non-video uses at no charge. c. Grantee shall construct and thereafter maintain fiber optics to the Institutional Network nodes which shall include two (2) fibers to transmit the fifty-four (54) channels required in subparagraph a. above, and four (4) additional fibers which are expressly for the use of the institutions listed in Exhibit B. 18 Charges to designated institutions for non-video use of the channels other than the six (6) non-video dedicated channels (three (3) upstream and three (3) downstream) on the Institutional Network required in subparagraph a. above shall be calculated based on Grantee's actual cost plus a 45% margin or the "most favored comparable user rate", whichever is lower. Charges to the designated institutions for video or non-video use of the six (6) fibers provided to the Institutional Network nodes shall be calculated based only upon Grantee's incremental actual cost for providing the additional six (6) fibers. Use of the Institutional Network by a designated institution is limited to its own use(s) and no institution may sell Institutional Network capacity or usage to any third party, without the express written consent of Grantee. 2. Grantee's Use of Capacity. Grantee may use available capacity on the fifty-four (54) channel Institutional Network required in Paragraph la. above for other uses including commercial uses, provided, however, that usage of seventy-five percent (75%) of such capacity by designated institutions shall have priority over other uses subject to rules or policies adopted by Grantee and approved in advance by City. Further, should City determine that any portion of Grantee's use of the twenty-five percent (25%) should be terminated to accomodate the use by a designated institution for video purposes, City may direct that Grantee terminate its use at the expiration of any third party use contract or three (3) years, whichever is sooner. 3. End-User Equipment. a. Designated institutions shall be generally responsible for providing their own end-user equipment. However, Grantee shall provide at no charge twenty (20) new modulators for City and/or designated institutions use of the Institutional Network, all as approved by the City. b. With respect to non-video end-user equipment, upon request by a designated institution, Grantee must either lease the equipment requested to the requesting institution or make reasonable efforts to arrange for the lease of such equipment. Within 30 days of a written request, Grantee must notify the requesting institution in writing of its ability or inability to lease the requested equipment and the terms of such lease. The City, its designee, or the requesting institution may purchase or lease the equipment from any vendor. c. In addition, Grantee will provide standby power for the Institutional Network, provide fifteen (15) new pilot generators, re-tune ten (10) existing return pilot generators, and re-tune one hundred twenty-four 124 existing return amplifiers. 19 4. Service Standards. Grantee shall maintain those technical and performance standards as are detailed in Exhibit D attached. Grantee shall provide the City, or its designee, upon request with reports of the performance of the I-Net and Grantee's compliance with the technical and performance standards. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City Administrator or other designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City, or its designee, may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 2. Delegated Authority. The City may appoint a citizen advisory body or a Joint Powers Commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegatee of City. 3. Franchise Fee. a. During the term of the Franchise, Grantee shall pay quarterly to City or its delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues, or such other amounts as are subsequently permitted by federal statute. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. c. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the .amount paid is in fact the correct amount. 4. Access to Records. The City shall have the right to inspect, upon reasonable notice and during normal business hours, or require Grantee to provide within a reasonable time copies of any records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records. 20 5. Reports and Maps to be Filed with City. a. Grantee shall file with the City, at the time or payment of the Franchise Fee, a report of all Gross Revenues in form and substance as required by City. b. Grantee shall prepare and furnish to City, at the times and in the form prescribed, such other reasonable reports with respect to Grantee's operations pursuant to this Franchise as City may require. c. If required by City, Grantee shall furnish to and file with City Administrator the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file with City updates of such maps, plats and permanent records annually if changes have been made in the System. 6. Periodic Evaluation. a. The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to Grantee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics City deems relevant. c. As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with city and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are both economically and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. At the time the Franchise becomes effective and at all times thereafter, until the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond to City in the amount of $500,000.00 in a form and with such sureties as reasonably acceptable to City. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee 21 shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. City may, from year to year, in its sole discretion, reduce the amount of the bond. b. The time,for Grantee to correct any violation or liability, shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) days period and thereafter uses reasonable diligence to correct the violation or liability. c. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. d. Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided City has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. e. The rights reserved to City with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 2. Letter of Credit. a. At the time of acceptance of this Franchise, Grantee shall deliver to City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to City, from a National or State bank approved by City, in the amount of$25,000.00. 22 b. The Letter of Credit shall provide that funds will be paid to City, upon written demand of City, and in an amount solely determined by City in payment for penalties charged pursuant to this Section, in payment for any monies owed by Grantee to City or any person pursuant to its obligations under this Franchise, or in payment for any damage incurred by City or any person as a result of any acts or omissions by Grantee pursuant to this Franchise. c. In addition to recovery of any monies owed by Grantee to City or any person or damages to City or any person as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: i. For failure to timely complete System upgrades as provided in this Franchise unless City approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. ii. For failure to provide data, documents, reports or information or to cooperate with City during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. iii. Fifteen (15) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. iv. For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the access channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. v. For Grantee's breach of any written contract or agreement with or to the City or its designee, the penalty shall be $500.00 per day for each day, or part thereof, such breach occurs or continues. vi. For failure to comply with any of the provisions of this Franchise, or other City ordinance for which a penalty is not otherwise specifically provided pursuant to this paragraph c, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 23 d. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. e. Whenever City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in Subparagraph c. above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the sole determination of City, is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter of Credit all penalties and other monies due City from the date of the local receipt of notice. f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days of such draw, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by Grantee to City shall specify with particularity the matters disputed by Grantee. All penalties shall continue to accrue and City may continue to draw from the Letter of Credit during any appeal pursuant to this subparagraph f. i. City shall hear Grantee's dispute within sixty (60) days and render a final decision within sixty (60) days thereafter. ii. Upon the determination of City that no violation has taken place, City-shall refund to Grantee, without interest, all monies drawn from the Letter of Credit by reason of the alleged violation. g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in Paragraph A of this Section. h. If City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to City a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2 (a) as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any draws upon the Letter of Credit. 24 If any Letter of Credit is not so replaced or replenished, City may draw on said Letter of Credit for the whole amount thereof and use the proceeds as City determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. j. The collection by City of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. 3. Indemnification of City. a. City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System or as to any other action of Grantee with respect to this Franchise. b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the Franchise. c. Nothing in this Franchise relieves a Person, except City, from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding, or changing the line of a Right-of-Way or public place or with the construction or reconstruction of a sewer or water system. 4. Insurance. a. As a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees 25 for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City as an additional insured, and in their capacity as such, City officers, elected officials, boards, commissions, agents and employees. b. The policies of insurance shall be in the sum of not less than$1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $500,000.00 for property damage to any one person and$2,000,000.00 for property damage resulting from any one act or occurrence. c. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to City. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: i. Grantee has violated material provisions(s) of this Franchise; or ii. Grantee has attempted to evade any of the provisions of the Franchise; or iii. Grantee has practiced fraud or deceit upon City. City may revoke this Franchise without the hearing required by 9.2(b) herein if Grantee is adjudged a bankrupt. 2. Procedures for Revocation. a. City shall provide Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate 26 assurance of performance in compliance with the Franchise. In the notice required herein, City shall provide Grantee with the basis of the revocation. b. Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision. c. Only after the public hearing and upon written notice of the determination by City to revoke the Franchise may Grantee appeal said decision with an appropriate state or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment, including all costs incident to removal of the System. 4. Removal After Abandonment. Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, City shall have the right to require Grantee to remove all or any portion of the System from all Rights-of-Way and public property within City. b. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 27 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquistion by one Person of an interest of five percent (5%) or more in a single transaction shall require notice to City. c. The Grantee.shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 1. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof. 2. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 3. Any other documents or information related to the transaction as may be specifically requested by the City. d. City shall have such time as is permitted by federal law in which to review a transfer request. 28 e. The Grantee shall reimburse City for all the legal, administrative, and consulting costs and fees associated with the City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its subscriber rates. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this Section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City including, but not limited to, any adequate guarantees or other security instruments provided by the transferor. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subparagraph(a) or(b) of this Section, City shall have the right to purchase the System for the value of the consideration proposed in such transaction. City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. h. City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: i. If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 10.5 (g) above, its intention to exercise its right of purchase; or ii. It approves the assignment or sale of the Franchise as provided within this Section. No Franchise may be transferred if City determines Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to City. 29 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. 2. Subscriber Privacy. a. No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may 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 Channel activity planned for the purpose of monitoring individual viewing patterns or practices. b. No lists of the names and addresses of 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 or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may 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. c. Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this Section. 30 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, state and local laws and regulations. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. 2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7.5 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an 31 amendment is required due to changes in federal, state or local laws. Provided, however, nothing herein shall restrict City's exercise of its police powers or City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 4. Compliance with Federal. State and Local Laws. a. If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. 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 complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. 5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights 32 or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication: Effective Date. This Franchise shall be published in accordance with applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 14.2. 2. Acceptance. a. Grantee shall accept this Franchise within sixty (60) of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void. b. Upon acceptance of this Franchise, Grantee and City shall be bound by all the terms and conditions contained herein. c. Grantee shall accept this Franchise in the following manner: i. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. ii. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that have not previously been delivered. 33 Passed and adopted this .91 day of ` (i 9 , 1998. ATTEST: CITY 1/IOUNDS I At A By: f By: 10 Y1WLWr. Its: C. C/..h ..:,.�t�. � Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: By: Its: C:\CABLE\NSCCCC\MOUNDSVI.FRN • 34 EXHIBIT A lb Meredith Kevin C. Griffin ' ®Cc�klle President&General Manager 934 Woodhill Drive (Fax)612/483-9184 Roseville, MN 55113 Customer Service: 612/483-9999 Administration: 612/483-3233 August 4, 1997 Ms. Cor Wilson, Executive Director North Suburban Cable Communications Commission 950 Woodhill Drive Roseville, Minnesota 55113 Re: North Suburban Cable Communications Franchise Renewal Dear Cor: Attached please find an updated and revised Renewal Proposal per your request. We have made an attempt to identify everything that has been agreed to between us. Should there be any confusion please refer to my memorandum of July 31, 1997 to Mr. Creighton. As we have discussed, any agreements or offers regarding clarifications or modifications of our May 13, 1997 proposal have been made in the spirit and context of an entire"package" of • understandings. Accordingly, changes in any one component could result in a need to change other components. Please feel free to contact me with any questions or for further clarification. Sincerely, K-'m C. Griffin cc: Thomas D. Creighton Randall Coleman Kathi Donnelly-Cohen John Gibbs Trudi McCollum Foushee EXHIBIT A - Continued Renewal Proposal -Investment for the Future Meredith Cable proposes to meet the needs of the North Suburbs with this investment plan for the future which will thoroughly revitalize and modernize the system. This plan includes a franchise commitment to develop the system to 750 MHZ capacity. This plan will result in higher quality signals, expanded channel capacity and the opportunity to launch new programming services. In addition, Meredith Cable proposes to upgrade the existing Institutional Network and incorporate fiber into the system to facilitate future expansion of the Institutional Network. Meredith Cable also proposes a renewal of our commitment to support of local access programming and the establishment of capability to enable the development of future high speed data transmission services and other future services. This proposal represents an aggressive effort to respond to identified community needs and interests, taking into account the cost of meeting those needs and interests over the requested fifteen (15) year renewal time frame. The specifics of the proposal are set forth below: A. SUBSCRIBER SYSTEM UPGRADE DESIGN AND CONSTRUCTION Meredith Cable will commit in a renewal franchise that the subscriber system serving the North Suburbs will be enhanced from the current 450 MHZ, 65 channel system to a state-of-the-art 750 MHZ system offering dramatically more channel capacity, higher signal quality, more reliability and more features as set forth below: • A- 1. The subscriber network will be 750 MHZ capacity. Meredith plans to initially program 81 downstream channels upon activation- with phased activation launches as nodes are completed. This leaves an additional 200 MHZ capacity available for future activation of additional video channels, digital services, and other services as future marketplace needs dictate. In addition, the system will be designed with the capability to transmit return signals upstream at 5 -40 MHZ in the future as commercial need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding activation of the return. • A- 2. Hybrid fiber-coaxial architecture will be deployed. • A- 3. Initially, the system will be developed with approximately Forty (40) pockets which are called "nodes", each connected by optical fiber and serving approximately Two Thousand (2000) homes with a minimum 16 fiber count. The fiber optic nodes will be designed to be capable of migrating to five hundred (500) home nodes with a minimum 4 fiber count as marketplace need dictates. • A- 4. All power supplies will be equipped with standby power capability which, at a minimum, will be initially activated at the node locations. • A- 5. In order to better assure reliability and system maintenance, the system will EXHIBIT A - Continued incorporate status monitoring at nodes and strategic locations. • A- 6. Non-interruptible power-passing compatible taps are planned for ease of maintenance and less disruption during system maintenance. • A- 7. Adequate fiber count, a minimum of 16 per initial 2,000 home node, will be included in order to facilitate future expansion of needs including future expansion of needs in business corridors as commercial need dictates. • A- 8. The subscriber RF system will accommodate and be capable of providing return signals in 5 - 40 MHZ bandwidth in the future. Such return capacity will be activated as commercial and marketplace need dictates and with mutually acceptable franchise language that establishes a mechanism for discussions regarding the activation of the return. • A- 9. All existing head end equipment will be replaced with state-of-the-art standard frequency head end equipment. • A- 10. Basic Service channel mapping will no longer be utilized by the system, thereby permitting all local VHF off-air broadcast signals to be located "on-channel" for all customers and with no impact on the PEG channel location on Universal Service. • A- 11. Standby power will continue to be in place for the head end. • A- 12. The system will have the capability to receive and pass through all local broadcast signals in digital format as required by applicable federal rules and regulations and in compliance with applicable FCC mandated time lines. • A- 13. The system will permit all channels available to Meredith Cable in stereo to be passed through in stereo. • A- 14. Meredith Cable will commence application for licenses and permits related to construction within 90 days after the commencement of the renewal period. • A- 15. Meredith Cable will commence design, walkout, etc. related to construction within 90 days after commencement of the renewal period. • A- 16. Meredith Cable proposes to enter into a franchise timetable to complete the project by November 30, 2000 and will aggressively work to substantially complete construction by November 30, 1999. Meredith Cable will carefully map and report any underground plant that may be abandoned. Stand alone abandoned aerial cable will be removed. 2 EXHIBIT A - Continued • A- 17. Meredith Cable proposes that interconnection between commonly owned, adjacent franchised systems in the Twin Cities marketplace can be accommodated by making available one (1) 6 MHZ channel for forward video purposes, one (1) 6 MHZ channel for return video purposes, one (1) 6 MHZ channel for forward data and/or other purposes, and one (1) 6 MHZ channel for return data and/or other purposes. Actual interconnection with other franchise areas will be subject to technical capability of those systems and those franchise areas entering into similar renewal agreements containing similar provisions. • A- 18. Meredith Cable plans to have a 750 MHZ carrier inserted at a level 10db below the video carriers that will be measured as a normal procedure during service calls. The drop cable and passives will be inspected during normal installations to assure that 750 MHZ can be passed. Should a drop or associated passive equipment not pass the full 750 MHZ, the address will be noted and at the time the address upgrades service that requires signal above 550 MHZ, the drop and/or associated equipment will be changed out. B. INSTITUTIONAL NETWORK Meredith Cable proposes to meet the needs of institutions and users by upgrading the existing Institutional Network, including fiber capacity in the system to facilitate future Institutional Network enhancements, and with mutually acceptable franchise language relating to technical and performance standards for the Institutional Network. This plan will offer flexibility and alternatives to local governments, public school districts, private schools, higher educational institutions, libraries and the social service community for the delivery and exchange of video and telecommunications services. Specifically, Meredith Cable proposes to make the following franchise commitments: • B - 1. Frequency spectrum (including upstream and downstream); 5 - 450 MHZ. • B - 2. Channel capacity of 54 channels (16 upstream and 38 downstream). • B 3. 15 additional pilot generators. • B - 4. Re-tuning of 10 existing pilot generators. • B - 5. Re-tuning of 124 existing amplifiers. • B - 6. Provision of 20 additional modulators or de-modulators. • B - 7. Standby power with full battery placement. • B- 8. Four (4) count shadow fiber placed along that part of the subscriber network that parallels the Institutional Network. 3 EXHIBIT A - Continued • B - 9. Meredith Cable will make the I-Net available to the designated institutions for video uses at no charge. • B - 10. Meredith Cable will make three (3) 6 MHz channels available downstream and three (6)MHz channels available upstream, for non-video uses at no charge. • B - 11. Meredith Cable will charge designated institutions for all non-video uses beyond B - 10. mentioned above at a rate calculated based on the Company's actual cost plus a 45% margin or"most favored comparable user" rate, whichever is lower. • B - 12. Nothing contained herein shall prevent Meredith Cable from using available capacity for other uses except that designated institutions shall have priority over other uses subject to rules or policies adopted by Meredith Cable after consultation with the Commission. • B- 13. Use of the I-Net by the Cable Commission, cities or delegated institutions will be limited to their own uses and no institution may sell any service to any third party. • B- 14. Meredith Cable will either allow designated institutions to purchase their own equipment or will lease end-user terminal equipment to requesting institutions. • B - 15. Meredith Cable will provide and maintain I-Net equipment for the Commission, member cities and designated institutions on a cost recovery basis. C. PROGRAMMING Upon completion and activation by territory, Meredith will program a minimum of 81 analog video channels. While definitive programming agreements have not been entered into and, as such, specific packaging, tiering and pricing decisions cannot be made at this time, it is anticipated that prices will be adjusted as authorized to reflect the additional programming as well as project and programming costs. As examples, we preliminarily anticipate the following new programming choices or similar services will be available: • C - 1. Basic Service (or equivalent) - Initially, Meredith Cable anticipates a continuation of current Basic Service offering of 28 channels without a realignment of channels within Universal Service. • C- 2. Preferred Tier Service (or equivalent) -Meredith Cable anticipates the addition of 4 or 5 channels to this tier that currently consists of 29 channels. There will be a corresponding rate adjustment. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: 4 EXHIBIT A - Continued • The Golf Channel - The Golf Channel is the premier network devoted to the sport of golf providing more live golf coverage than all other networks combined. Tournaments include coverage from the PGA Tour, Senior PGA Tour, NIKE Tour, LPGA, Australian and PGA European Tour. Original live programming on The Golf Channel includes a weekly live call-in show, Golf Talk Live, and a nightly golf news show, Golf Central. The service also provides instructional programs such as The Golf Channel Academy. • The Cartoon Network-Featuring the world's largest cartoon library, the Cartoon Network features all-animated cartoon programming at any time of the day or night. For cartoon lovers of all ages, this network offers 8,500 animated programs from the Hanna-Barbara libraries including The Jetsons, The Flintstones and many more. • Classic Sports Network- The first 24-hour, all sports television hall of fame, featuring the world's largest library of rare and exclusive programming from professional, amateur, college sports and the Olympic Games. • TV Food Channel -Helps cable television viewers learn new recipes and cooking techniques, `spice' up family meals, learn the latest in healthier cuisine and explore fine restaurants nationwide. Hosts include world-class chefs, restaurateurs, mothers who work outside the home and celebrities. • Sneak Prevue - Sneak Prevue is the channel cable customers turn to 24 hours a day, for the most up-to-date information on programming available for order on a Pay-Per-View basis.. The service includes video clips of Pay-Per-View movies and events along with complete ordering information. • C - 3. New Product Tier Service-Meredith Cable anticipates the addition of 4 or 5 channels to a new, separately priced tier of service. Preliminarily, and as examples, we anticipate the likely addition of the following exciting new offerings or others as we may deem more responsive to subscriber or marketplace needs and interests.: • Independent Film Channel - The first network dedicated to independent film, showcasing feature-length premieres, domestic and international films, documentaries, shorts, animation, new works, and masters. All movies are shown un-cut and without commercials, 24 hours a day. • FX Movies - Twenty four hours per day, un-cut and commercial free, FX Movies brings the vast Fox film library to cable television. • TV Land - America's favorite classic television shows are brought back to 5 EXHIBIT A - Continued television. A companion station to Nick at Night, TV Land expands into all areas of classic television, comedies, dramas, variety shows, and even classic commercials. • Turner Classic Movies - The world's greatest collection of classic movies 24 hours a day, with no commercial interruptions. • CNN SI - The 24 hour sports news network from CNN and Sports Illustrated. Seven days a week CNN SI is a 24 hour network offering coverage of sports news unlike any other service. CNN SI utilizes the news gathering resources of CNN and in-depth reporting expertise of Sports Illustrated and provides sports viewers the most complete on-demand coverage available anywhere. • C - 4. Premium Services -Meredith Cable will ad several new optional premium service selections. Preliminarily, and as examples, we anticipate the likely addition of the following new premium offerings or others as we may deem more responsive to subscriber or marketplace needs and interests: • HBO 3 - With Multichannel; HBO featuring HBO 2 and HBO 3, you always have three HBO programs to choose from. A Hollywood hit, maybe an HBO Original that everyone's talking about or something light like HBO Comedy Hour. The choice..and convenience...is yours! • HBO Family -HBO Family is a new HBO channel designed especially for a family to watch together. With HBO Family's daily programming blocks, HBO • Kids Block, the HBO Family Feature Block and Grown Ups Block, you always know just what kind of programs are on any time. Your family will love our family! • Showtime 3 -With Multichannel Showtime featuring Showtime 2 and Showtime 3 you'll see the biggest Hollywood hits, exciting Showtime Original Pictures, featuring the hottest stars and stories - sexy thrillers, sci-fi, National Lampoon comedy and high profile dramas. Multichannel convenience means you'll always find the program to match your mood! • C - 5. Pay-Per-View Services -Meredith Cable will offer more optional pay-per-view service selections. Preliminarily, and as examples, we anticipate the likely addition of the following three new pay-per-view services or others as we may deem more responsive to subscriber marketplace needs and interests: • Viewer's Choice 3 - featuring "movie-of-the-day" schedules allowing customers to see the biggest hits as soon as they become available. 6 EXHIBIT A - Continued • Viewer's Choice 4 - similar to Viewer's Choice 3 but featuring yet another movie option. • Viewer's Choice 5 - similar to above featuring yet another movie option. • C - 6. Interactive Services -Meredith Cable's plan contemplates the capability of offering interactive services upon completion of the project and a reasonable expectation of consumer acceptance and financial viability. While various services are currently developing, Meredith Cable is considering, among other services, a digital music service and interactive program guide. No decisions have been made regarding particular services, pricing or launch dates. • C - 7. Digital Services - Meredith Cable anticipates that additional premium service options, pay-per-view offerings and other new services including future digital services will be offered over time utilizing the appropriate bandwidth. D. HIGH SPEED DATA TRANSMISSION In addition to traditional video services, the cable system will position Meredith Cable to offer new and yet-to-be-developed non-video services. • D - 1. The subscriber network will have adequate capability to enable the provision of high speed data service such as Internet access as marketplace need dictates. • D - 2. Meredith Cable's system will be able to address opportunities to meet the non- video interests of the business community by including fiber capacity through business corridors identified during the construction walkout in order to explore high speed data services demand by business users. E. COMMITMENT TO ACCESS PROGRAMMING Meredith Cable proposes to meet and exceed the agreements regarding access support which were entered into with the North Suburban Cable Communications Commission in the November 3, 1994 Memorandum of Understanding. Specifically Meredith Cable proposes the following support for local access programming: • E - 1. Meredith Cable agrees to maintain the number of access channels (12) as currently exist and accept the concept of having the current channel loan agreements extended for the fifteen (15) year renewal term and that the Commission will retain control over the entire 6 MHZ spectrum that equals one channel.. • E - 2. Meredith Cable agrees that the Commission can, on its own, change the name of required PEG channels, provided that Meredith is indemnified from any claims as a result 7 EXHIBIT A - Continued of such action by the Commission. • E - 3. Meredith Cable proposes that the PEG support components of the Memorandum of Understanding remain intact. Rather than the PEG support fee set forth in the May 13, 1997 original proposal , Meredith proposes a PEG fee based on the following: a new commitment to provide the Commission a total of$667,286 for the franchise term for acquisition of new equipment as follows and to be assessed as part of the PEG Fee; the $50,000 Equipment Replacement Grant, per the MOU; the appropriate amount for the Operating Grant, per the MOU; the appropriate amount for Universal Service, per the MOU; and the appropriate amount for the Scholarship Grant (which may be used for other purposes at the Commission's discretion), per the MOU: New Equipment Acquisition Grants Year Amount 1 $ 40,000 2 $ 40,600 3 $ 41,209 4 $ 41, 827 5 $ 42,455 6 $ 43,091 7 $ 43,738 8 $ 44,394 9 $ 45,060 10 $ 45,736 11 $46,422 12 $ 47,118 13 $ 47,825 14 $ 48,542 15 $ 49,270 • E - 4. Should Meredith Cable request the relocation of the CTV studio, Meredith agrees that the current agreements governing CTV relocation will remain intact. Meredith does not waive any rights it may have with respect to the ability to recover any such costs should a move occur. 8 EXHIBIT B North Suburban Area Institutional Connections City of Arden Hills Inst. Name Street Address City Phone I-Net Sub Arden Hills City Hall 4364 W. Round Lk. Rd. (Temp.) Arden Hills 636-5676 X X Arden Hills Public Works 1460 W. Hwy. 96 Arden Hills 636-5676 Y X Util.- Booster 1230Red Fox Road Arden Hills Y Util.- Lift #1 3196 North Cleveland Arden Hills Y Util.- Lift #10 3804 North Cleveland Arden Hills Y Util.- Lift #11 1901 Highway 96 Arden Hills Y Util.- Lift #12 1965 Thom Drive Arden Hills Y Util.- Lift #13 1123 Karth Lake Drive Arden Hills Y Util.- Lift #14 Hwy 96, (MN Nat. Guard) Arden Hills Y Util.- Lift #2 1850 Co. Rd. E2 Arden Hills Y Util.- Lift #3 1578 Lake Johanna Blvd. Arden Hills Y Util.- Lift #4 3484 Ridgewood Road Arden Hills Y Util.- Lift #5 3495 Lake Johanna Blvd. Arden Hills Y Util.- Lift #6 3328 Lake Johanna Blvd. Arden Hills Y Util.- Lift #7 3230 Lake Johanna Blvd. Arden Hills Y Util.- Lift #8 1335 lngerson Road Arden Hills Y Util.- Lift #9 3168 Ridgewood Road Arden Hills Y Util.- Roseville Station Y City of Falcon Heights Inst. Name Street Address City Phone I-Net Sub Falcon Heights City Hall 2077 W. Larpenteur Ave. Falcon Heights 644-5050 X X Falcon Heights Community Bldg. 2050 W. Roselawn Ave. Falcon Heights 645-2712 N Y Falcon Heights Fire Station 2077 W. Larpenteur Ave. Falcon Heights 644-5575 X X City of Lauderdale Inst. Name Street Address City Phone I-Net Sub Lauderdale City Hall 1891 Walnut St. Lauderdale 631-0300 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 2 Inst. Name Street Address City Phone I-Net Sub City of Little Canada Inst. Name Street Address City Phone I-Net Sub City Garage 3100 Country Drive Little Canada Y Y Ice Rink 430 Little Canada Road Little Canada Y Ice Rink 100 E. Demont Little Canada Y Little Canada City Hall 515 E. Little Canada Rd. Little Canada 484-2177 X X Little Canada Fire Station 325 Little Canada Rd. Little Canada 871-5503 X X Old Little Canada Fire Station 440 E. Little Canada Rd. Little Canada 871-5503 X X Shelter 350 Eli Road Little Canada Y Shelter 2950 Centerville Little Canada Y Util.- Booster Station 141 Co. Rd. B Little Canada Y Util.- Lift Station 672 Co. Rd. B Little Canada Y Util.- Lift Station 2537 Keller Parkway Little Canada Y Util.- Lift Station 99 Co Rd. B Little Canada Y Util.- Lift Station 2458 Dianna Lane Little Canada Y Util.- Lift Station 2707 Jessica Court Little Canada Y Util.- Lift Station 1002 Co. Rd. D Little Canada Y Util.- Lift Station 216 Co. Rd. B-2 E. Little Canada Y Util.- Water Meter Station 5 Roselawn Little Canada Y Util.- Water Tower 517 Little Canada Road Little Canada Y City of Mounds View Inst. Name Street Address City Phone I-Net Sub Bridges Golf Course 2850 82nd Lane NE Blaine Y Y Mounds View City Hall 2401 Hwy. 10 Mounds View 784-3055 X X Mounds View Community Center 5394 Edgewood Dr. Mounds View Y Y Mounds View Fire Station Hwy. 10 Mounds View X Y Mounds View Maintenance Gar. 2466 NE Bronson Dr. Mounds View 784-3114 Y X Util.- Booster Station (Reservoir) 2450 Bronson Drive Mounds View Y EXHIBIT B - Continued North Suburban Area Institutional Connections Page 3 Inst. Name Street Address City Phone I-Net Sub Util,- Lift Station #1 5396 Raymond Ave. Mounds View Y Util.- Lift Station #2 8251 Groveland Road Mounds View Y Util.- Well #1 2401 Highway 10 Mounds View Y Util.- Well #2 2524 Bronson Drive Mounds View Y Util.- Well #3 2426 Bronson Drive Mounds View Y Util.- Well #4 2408 Hillview Drive Mounds View Y Util.- Well #5 5100 Long Lake Road Mounds View Y Util.- Well #6 7545 Groveland Road Mounds View Y City of New Brighton Inst. Name Street Address City Phone I-Net Sub Brightwood Hills Golf Course 1975 NW Silver Lake Rd. New Brighton 638-2150 X X New Brighton City Hall 803 NW 5th Ave. New Brighton 638-2100 X X New Brighton Fire Station 785 NW 5th Ave. New Brighton 633-2727 X X New Brighton Maintenance Bldg. 700 NW 5th Ave. New Brighton Y X New BrightonFamily Service Cntr. 400 NW 10th St. New Brighton 638-2130 X X Util.- Lift Station 1 (under const.) To Be Assigned New Brighton Y Util.- Lift Station 2 531 5th Avenue NW New Brighton Y Util.- Lift Station 3 515 3rd Avenue NW New Brighton Y Util.- Lift Station 7 650 Cleveland Ave. New Brighton Y Util.- Lift Station 8 24 New Brighton Road New Brighton Y Util.- PGAC Water Treatment Plant 3001 5th Street NW New Brighton Y Util.- Well 10 & Iron Removal Plant 660 5th Street SW New Brighton Y Util.- Well 11 & Iron Removal Plant 1375 7th Street NW New Brighton Y Util.- Well 12 & Iron Removal Plant 2400 Mississippi St. -New Brighton Y Util.- Well 13 & Water Treatment 680 5th Street NW New Brighton Y Util.- Well 14 1377 7th Street NW New Brighton Y Util.- Well 15 590 20th Street NW New Brighton Y EXHIBIT B - Continued North Suburban Area Institutional Connections Page 4 Inst. Name Street Address City Phone I-Net Sub Util.- Well 8 600 Silver Lake Road New Brighton Y Util.- Wells 3 & 4 700 Silver Lake Road New Brighton Y Util.- Wells 5 & 6 3001 5th Street NW New Brighton Y Util.- Wells 9 2745 5th Street NW New Brighton Y City of North Oaks Inst. Name Street Address City Phone 1-Net Sub North Oaks City Hall 100 Village Center Dr. North Oaks 484-5777 X X North Oaks Recreation Center 4 Mink Lane North Oaks X X City of Roseville Inst. Name Street Address City Phone I-Net Sub John Rose Minnesota OVAL 2661 Civic Center Dr. Roseville 415-2164 X Y Roseville Activity Center 2800 Arona St. Roseville 415-2100 X X Roseville Cedarholm Golf Course 2323 N. Hamline Ave Roseville 633-5817 X Y Roseville Central Park-Bandshell Lexington Ave. -(FH Inet) Roseville X N Roseville City Hall 2660 Civic Center Dr. Roseville 490-2200 X X Roseville Fire Station 1 2701 N. Lexington Ave. Roseville 490-2306 X X Roseville Fire Station 2 2501 N. Fairview Ave. Roseville 636-6763 X X Roseville Fire Station 3 2335 N. Dale St. Roseville 484-5297 X X Roseville Gymnastics Cntr. 1240 Co. Rd. B-2 Roseville 415-2190 Y Y Roseville Harriet Alexander Nature 2520 N. Dale St. Roseville 415-2161 X X Roseville Ice Arena 2661 Civic Center Dr. Roseville 415-2164 X X Roseville License Bureau 2701 Lexington Ave. Roseville 490-2294 X X Roseyille Maintenance Building 2660 Civic Center Dr. Roseville 490-2310 Y X Util.- Booster Station 706 Shryer Ave. Roseville Y Util.- Elevated Tank 2501 N. Fairview Ave. Roseville Y Util.- Lift Station 635 S. Owasso Blvd Roseville Y Util.- Lift Station 2980 Galtier Street Roseville Y ' Util.- Lift Station 1610 Co. Rd. C-2 Roseville Y • EXHIBIT B - Continued North Suburban Area Institutional Connections Page 5 Inst. Name Street Address City Phone I-Net Sub Util.- Lift Station 3033 Cleveland Ave. Roseville Y Util.- Lift Station 435 Wagner Street Roseville Y Util.- Lift Station 2013 Cohansey Blvd. Roseville Y Util.- Lift Station 1680 Fernwood Ave. Roseville Y Util.- Lift Station 3050 Lexington Ave. Roseville Y Util.- Lift Station 1216 Josephine Road Roseville Y Util.- Lift Station 3050 Long Lake Road Roseville Y Util.- Lift Station 1953 Fulham Street Roseville Y Util.- Lift Station 20.50 Walnut Street Roseville Y Util.- Lift Station 201 Center Street Roseville Y Util.- Storm Water Pumping Station 2535 N. Victoria St. Roseville Y Util.- Storm Water Pumping Station 1658 Millwood Ave. Roseville Y Util.- Storm Water Pumping Station 591 Owasso Hills Drive Roseville Y Util.- Storm Water Pumping Station 2340 St. Croix Street Roseville Y Util.- Storm Water Pumping Station 1999 Fulham Street Roseville Y City of Shoreview Inst. Name Street Address City Phone I-Net Sub Shoreview City Hall /Community 4600N. Victoria St. Shoreview 490-4600 X X Shoreview Maintenance Bldg. 4665 N. Victoria St. Shoreview 490-4650 Y Y Util.- Booster Station 855 Highway 96 Shoreview Y Util.- Lift Station 4468 Chatsworth Shoreview Y Util.- Lift Station 3580 Cohansey Shoreview Y Util.- Lift Station 425 Gramsie Road Shoreview Y Util.- Lift Station 875 Gramsie Road Shoreview Y Util.- Lift Station 636 Highway 96 Shoreview Y Util.- Lift Station 1088 Lake Beach Drive Shoreview Y Util.- Lift Station 3366 Lexington Ave. Shoreview Y EXHIBIT B - Continued North Suburban Area institutional Connections Page 6 Inst. Name Street Address City Phone I-Net Sub Util.- Lift Station 4680 Lexington Ave. Shoreview Y v Util.- Lift Station 915 Oak Ridge Shoreview Y Util.- Lift Station 3194 West Owasso Blvd. Shoreview Y Util.- Lift Station 3212-1/2 W. Owasso Blvd. Shoreview Y Util.- Lift Station 4338 Reiland Lane Shoreview Y Util.- Lift Station 4465 Rice Street Shoreview Y Util.- Lift Station 699 Schifsky Road Shoreview Y Util.- Lift Station 700 Schifsky Road Shoreview Y Util.- Lift Station 4307 Snail Lake Blvd. Shoreview Y Util.- Lift Station 4412 Snail Lake Blvd. Shoreview Y Util.- Lift Station 512 Suzanne Ave. Shoreview Y Util.- Lift Station 5024 Turtle Lane East Shoreview Y Util.- Lift Station 3121 Woodbridge Shoreview Y Util.- Sucker Lake Pump 50 Highway 96 W. Shoreview Y Util.- Water Tower 745 County Road E Shoreview Y Util.- Water Tower 5880 Lexington Avenue Shoreview Y Util.- Well 785 Highway 96 Shoreview Y Util.- Well 883 Highway 96 Shoreview Y Util.- Well 4965 Hodgson Road Shoreview Y Util.- Well 902 Monterey Shoreview Y Util.- Well 750 Mound Avenue Shoreview Y Util.- Well 4675 Victoria Street Shoreview Y City of St. Anthony Inst. Name Street Address City Phone I-Net Sub SAV Liquor Store #1 2900 Pentagon Drive St. Anthony Y SAV Liquor Warehouse #2 3900 Silver Lake Road St. Anthony Y St. Anthony City Hall 3301 Silver Lake Rd. St. Anthony 789-8881 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 7 Inst. Name Street Address City Phone 1-Net Sub St. Anthony Fire Station 2900 Kenzie Terrace St. Anthony 788-1434 X X St. Anthony Public Works 3801 Chandler Dr. St. Anthony X X Util.- Foss Road Lift 3829 Foss Road St. Anthony Y Util.- Harding Lift 2700 37th Ave St. Anthony Y Util.- Water Filtration Plant 3807 Silver Lake Road St. Anthony Y Util.- Well #5 2920 Silver Lake Road St. Anthony Y CTV Inst. Name Street Address City Phone 1-Net Sub Canadian Days Parade-drop Little Canada Rd Little Canada X CTV Irondale studio 2425 Long Lake Rd. New Brighton 783-9334 X X CTV Van 1 2425 Long Lake Rd. New Brighton 783-9334 X CTV Van 2 950 Woodhill Dr. Roseville 481-9554 X Lake Owasso Beach - drop ??? N Owasso Bvd. Shoreview X LC Spooner Park- drop Eli Rd. Little Canada X NB Parade - drop New Brighton X RAHS Parking Lot (on B2)- drop Roseville X Rosefest parade - dropl Lexington Ave. Roseville X Rosefest parade - drop2 Lexington Ave. Roseville X Rosetown Legion field-drop W. Co. Rd. C. Little Canada X Dist 282 - SA/NB Schools Inst. Name Street Address City Phone 1-Net Sub ISD 282 District Office SA/NB 3303 33rd Ave. NE St. Anthony 706-1000 X X St. Anthony High School 3303 33rd Ave. NE St. Anthony 706-1100 X X St. Anthony Middle School 3303 33rd Ave. NE St. Anthony 706-1200 X X Wilshire Park Elementary 3600 NE Highcrest Rd. St. Anthony 706-1030 X X Dist 621 - Mounds View Inst. Name Street Address City Phone I-Net Sub Area Learning Center 4182 N. Lexington Ave. Shoreview 482-8203 N X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 8 Inst. Name Street Address City Phone I-Net Sub Bel Air Elementary School 1800 NW 5th St. New Brighton 633-3521 X . X Chippewa Middle School 5000 Hodgson Rd. North Oaks 483-6635 X X Edgewood Middle School 5100 N. Edgewood Dr. Mounds View 784-2010 X X Highview Middle School 2300 NW 7th St. New Brighton 633-8144 X X Irondale High School 2425 Long Lake Rd. New Brighton 786-5200 X X ISD 621 District Service Center 2959 Hamline Ave. Roseville 636-3650 X X Island Lake Elementary 3555 N. Victoria St. Shoreview 484-5553 X X Mounds View High School 1900 W. Co. Rd. F Arden Hilts 633-4031 X X Oak Grove High School 5100 Hodgson Rd. North Oaks 484-2057 X X Pike Lake Elementary 2101 NW 14th St. New Brighton 633-7711 X X Pinewood Elementary 5500 Quincy St. Mounds View 784-4006 X X Ralph Reeder Center 500 NW 10th St.. New Brighton 636-1910 X X Snail Lake Elementary 4550 Hodgson Rd. Shoreview 483-6725 X X Sunnyside Elementary 2070 W. Co. Rd. H New Brighton 784-5226 X X Turtle Lake Elementary 1141 W. Co. Rd. I Shoreview 484-2150 X X Valentine Hills Elementary 1770 W. Co. Rd. E2 Arden Hills 631-0737 X X Dist 623 - Roseville Area Inst. Name Street Address City Phone I-Net Sub Brimhall Elementary 1744 W. Co. Rd. B Roseville 638-1958 X X Central Park Elementary 535 W. Co. Rd. B2 Roseville 481-9951 X X Edgerton Elementary School 1929 Edgerton Street Maplewood 772-2565 X X Emmet D Willams Elem 955 W. Co. Rd. D Shoreview 482-8624 X X Fairview Community Center 1910 W. Co. Rd. B Roseville 631-1013 X X Falcon Heights Elementary 1393 W. Garden Av. Falcon Heights 646-0021 X X ISD 623 District Center 1251 W. Co. Rd. B2 Roseville 635-1600 X X Little Canada Elementary 400 Eli Rd. Little Canada 490-1353 X X Parkview Center School 701 W. Co. Rd. B Roseville 487-4360 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 9 Inst. Name Street Address City Phone I-Net Sub Roseville Area High School 1261 Hwy. 36 Roseville 635-1660 X X Roseville Area Middle Sch 15 E. Co. Rd. B2 Little Canada 482-5280 X X Guard/Reserves Inst. Name Street Address City Phone I-Net Sub Army Reserve Training Cntr. Lexington & Hwy. 96 Arden Hills Y Y National Guard Armory 211 N. McCarrons Lake Roseville 296-4140 X X Hennepin County Inst. Name Street Address City Phone I-Net Sub St. Anthony Public Library 2900 NE Pentagon Dr. St. Anthony 781-1900 X X Higher Education Inst. Name Street Address City Phone I-Net Sub Bethel College 3900 Bethel Dr. Arden Hills 638-6180 X X Capital View (Dist. 916) 70 W. Co. Rd. B2 Little Canada 415-5413 X X Northwestern Col- FB field 3003 Snelling Ave. N. Roseville 631-5100 X X Northwestern Col- Gym/BB 3003 Snelling Ave. N. Roseville 631-5267 X X Northwestern College-Studio 3003 Snelling Ave. N. Roseville 631-5312 X X U of M - Earl Brown Center 1890 Buford Ave. Falcon Heights 624-2777 X United Theo. Seminary 3000 NW 5th St. New Brighton 633-4311 Y Y ISP Inst. Name Street Address City Phone I-Net Sub Risdahl-Linahan Agency 2475 NW 15th St. New Brighton 631-1098 X T.I.E.S. 1925 W. Co. Rd. B2 Roseville 638-2339 X Lake Johanna.Fire Dept. Inst. Name Street Address City Phone I-Net Sub Lake Johanna Fire Station 1 2346 New Brighton Rd. Arden Hills 633-0349 Y X Lake Johanna Fire Station 2 4676 Hodgson Rd. Shoreview 484-3444 Y Y Lake Johanna Fire Station 3 1140 W. Co. Rd. I Shoreview 481-7025 Y X Lake Johanna Fire Station 4 3615 N. Victory St. Shoreview 483-0767 X X EXHIBIT B - Continued North Suburban Area Institutional Connections Page 10 Inst. Name Street Address City Phone I-Net Sub Non-Profit • Inst. Name Street Address City Phone I-Net Sub Northwest Youth & Family Services 3490 Lexington Ave. Shoreview 486-3808 Y Y Private Schools Inst. Name Street Address City Phone I-Net Sub Concordia Academy 2400 N. Dale St. Roseville 484-8429 X X Corpus Christi School 2131 N. Fairview Ave. Roseville 639-8888 X King of Kings School 2330 N. Dale St. Roseville 484-9206 X X North Side Christian School 7901 Red Oak Drive Moundsview 786-8632 X St. Charles Barromeo 2727 NE Stinson Bvd. St. Anthony 781-2643 X St. Christopher's Ep. 2300 N. Hamline Ave. Roseville 633-4589 X St. John the Baptist School 845 NW 2nd Ave. New Brighton 633-1522 X X St. John the Evangelist 2621 McMenemy St. Little Canada 484-2708 X X St. Odilia School 3495 N. Victory St. Shoreview 484-3364 X St. Rose of Lima 2072 N. Hamline Ave. Roseville 645-9389 X X Ramsey County Inst. Name Street Address City Phone I-Net Sub Island Lake Golf Center Grey Fox Rd. Shoreview Y Y Lake Owasso Residence 210 N. Owasso Bvd. Shoreview 484-2234 Y Y Ramsey Co. Library - Arden Hills 1941 W. Co. Rd. E2 Arden Hills 636-1790 X X Ramsey Co. Library - Mounds View 2576 Hwy. 10 Mounds View 784-8829 Y X Ramsey Co. Library - Roseville 2180 N. Hamline Ave. Roseville 631-0494 X X Ramsey Co. Library - Shoreview 4570 N. Victoria St. Shoreview 486-2210 X X Ramsey Co. Public Works Bldg. 3377 N. Rice St. Shoreview 484-9104 Y X Ramsey Co. Sheriff Patrol Station 655 W. Co. Rd. E Shoreview 481-1300 Y Y Ramsey Co. Women's Detention Kent & Larpenteur Y Y Shoreview Ice Arena 877 W. Hwy. 96 Shoreview 484-2400 Y Y EXHIBIT C Description of Work Time Frame Engineering Walkout 0-6 months Engineering Design 2-8 months Commerce Permitting Day 75 Fiber Optic Cable and Node Installation 11-16 months Amplifier Replacement 12-24 months Passive Equipment Replacement 18-36 months System Balancing and Proof-of-Performance 36 months Activation in Phases; Completion By November 30, 2000 EXHIBIT D - NORTH SUBURBAN I-NET PERFORMANCE STANDARDS Upon completion of the I-Net upgrade: Video Transmission A. Video transmission will comply with the following performance : standards: 1. Carrier to noise ratio=45dB or better 2. Carrier to composite triple beat=53dB or better 3. Carrier to composite second order=55 dB or better 4. Carrier to cross modulation=55 dB or better 5. System signal level variations(peak to valley)=n= 10+2 or better for all coaxial cable portions of the I-Net(where N=the number of amplifiers in cascade). B. Testing will occur twice yearly following the timing established in CFR 76.601 and 76.605. 1. From the institution to the longest subscriber cascade. 2. From the institution through the applicable headend/hub site returning back to the same institution. 3. Performed using existing I-Net carriers active at the time of the testing,which will subject them to service interuptions. 4. Completed at Company-designated entry demarcation point at the institution. 5. The system will meet calculated worst case fully loaded video and audio measurements,taking into consideration existing I-Net data loading at the time the measurement is taken. 6. Under ordinary operating conditions. 2. Digital Transmission A. For I-Net that is 50% or more coaxial cable,a Bit Error Rate of 1 x 10(-8) at the demarcation point. 1. Outage times not included 2. Ordinary operating conditions B. For I-Net that is 50% or more fiber optic cable,a Bit Error Rate of 1 x 10(- 9) at the demarcation point. 1. Outage times not included 2. Ordinary operating conditions C. For both coaxial and fiber network,the company will meet or exceed a reliability factor of 99.965% on an annual basis. D. Testing will occur twice yearly, during the months of January/February and July/August. EXHIBIT D - Continued 3. Repair and Maintenance A. Company will provide a repair force of technicians capable of responding properly to all requests for service by I-Net Users and available on a 7 X 24 X 365 basis. B. Under normal operating conditions,the initial page to the technician on call will be within a 10 minute time frame. Barring situations that are outside the control of the Company(i.e.,physical damage to the network caused by third parties not under the control of the cable company,weather related restrictions,etc.),the company will continue to work on a service problem until it is resolved and complete its resolution of such problem within eight (8)hours,if resolution of such problem is within control of company. C. Fiber may be incorporated,where necessary,to reduce amplifier cascades to meet performance standards. Where possible,fiber nodes may be located within the building or facility of the I-Net user. D. I-Net Users will be notified at least seven days in advance of any scheduled maintenance that will interrupt service on the I-Net,unless I-Net Users agree to waive such time frame. Where possible,such maintenance will be scheduled at times of low usage. 51) RESOLUTION NO. 5250 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT BY THE U.S. DEPARTMENT OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PROGRAM WHEREAS,the State of Minnesota has been given a grant by the U.S. Department of Transportation under the Hazardous Materials Emergency Preparedness (HMEP) Program; and WHEREAS,the City of Mounds View Emergency Management has applied in good faith for HMEP monies for a full-scale exercise; and NOW THEREFORE, BE IT RESOLVED,that the City of Mounds View fully agrees to the terms of the grant, and, with the passage of this resolution, officially requests the Division of Emergency Management to enforce the contract in accordance with the applicable rules and regulations; BE IT FURTHER RESOLVED, THAT the Mounds View City Council approves to execute the agreement and thereby assume for an on behalf of the City of Mounds View all of the contractual obligations contained therein. Adopted this 13th day of July, 1998. Attest: Roger Koopmeiners,Acting Mayor (Seal) Charles S.Whiting,Clerk-Administrator Item No. SG Staff Report No. Meeting Date: July 13, 1998 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Introduction (First Reading) of Ordinance 620, an Ordinance Amending Various Chapters of the Mounds View Municipal Code Relating to Driveways, Parking Areas and Accessory Buildings. Special Planning Case No. SP-063-98 Date of Report: July 2, 1998 Background: Staff has drafted Ordinance No. 620 to address some of the inconsistencies and confusion in the City Code regarding driveways, parking areas and accessory buildings (i.e., garages and sheds.) The Council has in the past indicated that in terms of garages, there should be some element of proportionality. That is, the size of the garage should be proportionate to the size of the house and to a lesser extent, to the size of the lot. This ordinance puts in place proportional guidelines and permits larger garages based on those guidelines. The ordinance also addresses driveway surfaces, requiring permanent improved surfaces such as concrete, asphalt or brick for all new construction, but does not require improved driveways where currently there is not unless a permit is pulled for a new garage or garage expansion. The Planning Commission, at its meeting on June 17, 1998, reviewed this ordinance and recommended its adoption. At that meeting, the issue of requiring that all driveways be improved "across the board" by a certain date was discussed. The prevailing thought was that this would not be appropriate and would present a hardship for many property owners. Requiring that driveways be improved with a permanent surface would, however, be appropriate for new construction and in conjunction with garage expansions or construction. A public hearing will be held for this proposed ordinance on July 27, 1998 at 7:05 p.m. Discussion: The pertinent changes of this ordinance and have been outlined below. 1. All new and reconstructed driveways, from this point forward, shall be improved with a permanent surface, defined as concrete, asphalt or brick. Existing unimproved driveways may remain as such, but cannot be expanded without making the necessary improvements. Ordinance 620 Staff Report July 13, 1998 Page 2 2. Construction standards have been added for brick driveways. 3. No permit shall be issued for the construction of a residential dwelling, garage, or garage expansion unless the driveway servicing the dwelling/garage is improved with a permanent surface. 4. The square footage (area) of a garage shall not exceed the foundation area of the house, except by CUP. This will finally provide a rational basis for the size of the garage relative to the size of the home. 5. The combined square-footage for accessory buildings in a rear yard would be reduced from 25% to 20% of the rear yard area. Twenty-five percent coverage of a rear yard--in my opinion--is too much 6. The maximum garage area without a CUP has been increased from 864 to 952 square feet. Most garage additions that would have fallen between 864 and 952 square feet have been approved with a rubber-stamp after a curt review. With the approval contingent upon items 4 and 5 above, the size of the garage would still be dictated by the size of the lot and the house. The increase may seem large, but put in perspective, the result would be represented by adding less than three feet to the back of a 32-foot wide garage. 7. The combined square footage for all accessory buildings on one lot shall not exceed 1,400 square feet. This is increased 136 square feet from 1,264 square feet. Again, the maximum can only be achieved on a lot that can support such coverage. 8. Currently, if a garage exceeds 1,000 square feet, no other accessory building (shed) is allowed. This requirement has been eliminated. Given the number of large lots in Mounds View, not being able to have a shed is a hardship. Again, items 4 and 5 would prevent over-coverage of accessory buildings on one lot. 9. Currently, the Code does not allow for garages with more than three stalls. Beginning in the R-3 district, language is added such that garages with more than three accesses are allowed but limited to the number of dwelling units present on the property. For example, a four-plex owner on an R-3 lot may construct a four car garage. 10. Because the space requirements of vehicles have decreased over the years, the parking lot stall dimensions will be reduced to 9 x 18 from 9 x 20. Many cities use the smaller sized- space and find it completely adequate. Mounds View has allowed the 9 x 18 spacing on the theater site, Silverview Estates, and most recently, on the Mermaid site. 11. The Code currently allows for gravel driveways with new, single-family and two-family home construction. This allowance has been eliminated. 12. All references to temporary surfacing will be removed to eliminate the confusion over the intent of the language (i.e., temporary in the temporal sense or in the physical sense?) Ordinance 620 Staff Report July 13, 1998 Page 3 13. In the R-1 and R-2 districts, a gravel parking surface may be installed not to exceed 300 square feet, or, if to be used as a parking surface for an RV, the minimum area that would encompass the wheelbase of one RV. 14. Proof of parking--the setting aside of required parking spaces as green space until needed sometime in the future--currently requires a CUP. However, there are built-in conditions in the Code that must be met to allow for the Proof of Parking. If the requirements are met, why require a CUP? 15. Distinction between temporary and permanent surfaces eliminated regarding setback of driveway and parking area. Now all surfaces (gravel, asphalt, concrete or brick) are allowed within one foot (1') of property line, with permission of neighboring property owner. Recommendation: Move to introduce the first reading of Ordinance 620, an ordinance amending various chapters of the Mounds View Municipal Code related to driveways, parking surfaces and accessory buildings. James Ericson, Planning Associate ORDINANCE NO, 620 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 607, 902, 1005, 1102, 1104, 1106, 1108 AND 1129 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO DRIVEWAYS, PARKING AREAS AND ACCESSORY BUILDINGS WITHIN THE CITY OF MOUNDS VIEW, SPECIAL PLANNING CASE SP-063-98 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 607.06 of the Mounds View Nuisance Code is hereby amended with the proposed additions and deletions underlined and italicized and - - : • : . : .-• respectively, to read as follows: 607.06: OUTSIDE PARKING AND STORAGE: Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the meanings ascribed to them in this Subdivision: a. FRONT YARD AREA: All that area between the front property line and a line drawn along the front face or faces of the principal structure on the property extended to the side property lines. The front side of the property shall be determined as specified in Title 1100 of this Code. b. OCCUPANT: Any person living in or in control of any dwelling unit upon property wherein a motor vehicle is parked. c. IMPROVED SURFACE:An improved surface shall mean a driveway or parking area constructed of asphalt. concrete. brick or a parking area of gravel construction (according to Section 1121.09. Subd. 7 of this Code.) d. IMPROVED SURFACE. PERMANENT:Permanent improved surfaces are those constructed of asphalt. concrete or brick. e. VEHICLE OR VEHICLES: Any motor vehicle as defined in Minnesota Statutes as ". . .every device in. upon. or by which and person or property is or may be transported or drawn upon a highway. . . "but excluding the following: (1) Trailers with weight classifications of A and B (0 - 1,500 lbs and 1.501 - 3.000 lbs. respectively) as provided in Minnesota Statutes. (2) Snowmobiles, and (3) All-terrain vehicles as defined in Minnesota Statutes. /.4 VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. Subd. 3. Unlawful Parking And Storage: a. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses, or other similar nonpermanent structures outside continuously for longer than twenty four (24) hours in the front-yard area of residentially-zoned property. b. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residentially-zoned property. c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles in residentially-zoned property unless it complies with the following requirements: (1) Vehicles which are parked or stored outside shall be parked upon an "improved surface", as defined in this Code to mean asphalt. concrete, or brick'. (2) All vehicles, watercraft and other articles stored outside on residential property must be owned by a person who is a legal resident of that property. d. No person owning, driving or in charge of any vehicle with a weight classification, as specified in Minnesota Statutes, may cause or permit that vehicle to be parked outside or stand continuously for more than two (2) hours on property or public street within a residential zone in the City. (Ord. 620. 12-12-99) LSee Sections 902.05 and 1121.09 of this Code. SECTION 2: Section 902.05 of the Mounds View City Code is hereby amended with the proposed additions and deletions underlined and italicized and - - respectively, to read as follows: 902.05: DRIVEWAY CONSTRUCTION: Page 2 Subd. 1. General Construction: The following procedure and specifications shall be required for all : • = , • - - • -• • driveway construction from streets to private garages, and parking areas attached thereto:' a. Excavation: The driveway or parking area shall be excavated to remove all black dirt from the area to be surfaced. b. Drainage Provisions: The driveway or parking area shall be constructed so as to provide drainage from the garage to the street unless a variance is granted by the Building Inspector2. Subd. 2. Gravel Construction: After initial excavation, the driveway construction shall consist of foul iTK hc, (41--crpeass ,ras-he. . = .. .. . .3 - -. ' . : . Subd. 32. Concrete Construction: a. After initial excavation, the driveway shall be backfilled with Class 4 base material, compacted in place, to an elevation four inches (4")below the finished surface grade of the driveway. b. The driveway construction shall consist of a minimum of four inches (4") of three thousand five hundred (3,500) pound mix, four inch (4") slump with air. Subd. 43. Asphalt Construction: a. After initial excavation, the driveway shall be backfilled with Class 4 base material, compacted in place, to an elevation four inches (4") below the finished surface grade of the driveway. b. The driveway construction shall consist of a minimum of two inches (2") (compacted thickness), Class 5 base material and a minimum of two inches (2") (compacted thickness) bituminous wearing course conforming to Minnesota Highway Department specifications 2331. c. The bituminous wearing course material shall not be delivered to the job site until the Class 5 base material has been placed compacted. (1988 Code §44.05) Subd. 4. Brick Construction2: a. After initial excavation and compaction of the exposed earth. the driveway shall be backfilled with four inches (4') of Class 4 base material. compacted in place, to an elevation four inches (4') below the finished surface grade of the driveway. Page 3 b. The driveway construction shall consist of a leveled layer of sand not to exceed 1'/2 inches deep upon which the bricks or pavers are to be fitted and interlocked. held in place by an edging material. c. Dry sand shall be scattered over the driveway area and swept into the cracks between the bricks or pavers and repeated as necessary until all voids are filled. (Ord. 620. 12-12-99) Subd. 5. Gravel Construction: After initial excavation. the parking area construction (not to exceed 300 square feet in area) shall consist of a minimum of four inches (4') of Class 2 rock compacted into place. t See Chapter 1302 of this Code for stormwater management requirements. Because of the numerous types and styles of brick and brick pavers available, these construction guidelines may be superseded by individual manufacturer or professional landscape specifications. SECTION 3: Section 1005.06 of the Mounds View Building Code is hereby amended with the proposed additions and deletions underlined and italicized and - - a a : ' ' 'a, respectively, to read as follows: 1005.06: EXTERIOR AND STRUCTURAL STANDARDS: No person shall occupy, as owner-occupant, or let to another for occupancy any dwelling or multiple dwelling, dwelling unit, rooming house, rooming unit or portion thereof which does not comply with the following requirements: Subd. 2. Stairs, Porches, Railings, Sidewalks and Driveways: e. Every driveway surface shall be improved with a permanent surfacing material so as to control dust, drainage and erosion, according to the requirements as set forth in Section 902.05 of this Code. Every driveway and parking area, except on R-1 and R-2 properties. shall be maintained year round in good condition.free from snow and/or debris that might build up to cause a dangerous surface. a ° a ' -a : a a a : , 'a . Drivewa s not im proved as o the date o enactment o Ordinance 620 ma be allowed to continue subject to the provisions of Section 1123.02 subdivision 1(b) of this Title. (Ord. 620, 12-12-99) Page 4 SECTION 4: Section 1102.02 of the Mounds View Zoning Code is hereby amended by adding two definitions, Subdivisions 56 and 57, and renumbering the subsequent subdivisions as necessary: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: (Ord. 548, 9-24-94, Ord. 620. 12-12-99) Subd. 56. IMPROVED SURFACE: An improved surface shall mean a driveway or parking area constructed of asphalt. concrete, brick or a parking area of gravel construction (according to Section 1121.09. Subd. 7 of this Code.) Subd. 57. IMPROVED SURFACE. PERMANENT::Permanent improved surfaces are those constructed of asphalt, concrete or brick. SECTION 5: Section 1104.01 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and struck out and italicized, respectively, to read as follows: 1104.01: YARD REQUIREMENTS Subd. 4. Minimum Setbacks for Accessory Buildings, Driveways and Parking Areas: a. Accessory Buildings (detached from a principal building): (Ord. 590, 11-25-96) (1) R-1, R-2, R-3, R-4, R-5 and R-O: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. (Ord. 590, 11-25-96) (b) side: five feet (5') except the minimum setback shall be thirty feet (30') from any lot line abutting a public street. (Ord. 590, 11-25-96) © rear, including street frontages at the rear of through lots: five feet (5'). (Ord. 590, 11-25-96) (2) All other districts: (a) front: no accessory building shall be located between the front of the principal building and the front lot line. (Ord. 590, 11-25-96) (b) side: same as principal building. (Ord. 590, 11-25-96) © rear: same as principal building, except accessory buildings having four Page 5 hundred (400) square feet or less and not abutting property in a residential district or a street, may have a minimum rear setback of ten feet (10'). (Ord. 590, 11-25-96) b. Driveways: : '• • . • . , - , , ' ' . id . • , . . oil , IV . d ; .' , .. . , ' . . • • , - , - . . . - . . •. - - . .. . . V. - . - . .• - . . , ' •. - ... .. - . • .. . , , . . . - - - .. . . - . .. .. areas. (Ord. 590, 11-25-96) (1) Driveways shall have a minimum setback of five feet (5')from any lot line. except as permitted in Sections 1104. Subd. 4(1a) and 1121.15. Subd. 2 of this Title. Driveways shall be permitted to cross a required setback area in order to establish access between the lot and a public street. Where a driveway would encroach into an easement. the property owner shall obtain an encroachment permit if required by the City prior to construction of the driveway. Drive aisles and driveways which are within the boundaries of a parking area shall conform to the setbacks required for parking areas. (Ord. 590. 11-25-96) 422 Driveways in existence as of the date of enactment of Ordinance 620 and which do not conform to the provisions of this subsection. may continue subject to the provisions of Section 1123.02 subdivision 1(b) of this Title. (Ord. 620. 12-12-99) c. Parking Areas: (1) R-1, R-2, R-3, R-4, R-5, R-O: (a) residential uses: five feet (5'), except in the R-1 and R-2 districts, temporary parking areas and driveways shall be permitted with a setback of one foot (1') provided the owner(s) of the abutting lot(s) indicates their permission on a form acceptable to the City. Where a temporary parking area would encroach into an easement, the property owner shall obtain approval for an encroachment permit if required by the appropriate authority prior to construction of the driveway. The combined width of parking and driveway surfaces shall not exceed thirty five feet (35'). . : : , •% = = be in accordance with Section 1121.09 subdivision 7. (Ord. 524, 2-22-93; Ord. 590, 11-25-96; Ord. 620. 12-12-99) Page 6 (b) non-residential uses: five feet (5') except where non-residential uses abut property in a residential district, the setback for parking areas from the common property line shall be as follows: (Ord. 590, 11-25-96) [I]. for sites having two and one-half (2.5 ) acres or less: twenty feet (20') (Ord. 590, 11-25-96) [ii]. for sites having more than two and one-half(2.5) acres: thirty feet (30') (Ord. 590, 11-25-96) • - ; : : 1123.02 subdivision 1(b). (Ord. 590, 11-25-96) (2) B-1, B-2, B-3, B-4 (parking areas and loading docks): (a) front: thirty feet (30') (Ord. 590, 11-25-96) (b) side and rear: five feet (5'), except where a non-residential use abuts a property in a residential district, the setback for parking areas from the common property line shall be as stated in Section 1104.01 subdivision 4c(1)(b). (Ord. 590, 11-25-96) (3) I-1 (parking areas and loading docks): (a) front: forty feet (40') (Ord. 590, 11-25-96) (b) side and rear: five feet (5'), except where a non-residential use abuts a property in a residential district, the setback for parking areas from the common property line shall be as stated in Section 1104.01 subdivision 4c(1)(b). (Ord. 524, 2-22-93; Ord. 590, 11-25-96) (4) Parking areas in existence as of the date of enactment of Ordinance 620 and which do not conform to the provisions of this subsection. may continue subject to the provisions of Section 1123.02 subdivision 1(b). (Ord. 620. 12-12-99) SECTION 6: Section 1106.03 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and struck out and italicized, respectively, to read as follows: Page 7 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: (1988 Code §40.10) Subd. 1. Accessory Buildings: Accessory buildings, such as garages or tool houses, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment. a. Private garages, parking spaces and carports as regulated by Chapter 1121, Off-Street Parking, of this Title. Private garages are intended solely for storage of the private passenger vehicles of the residents of the premises. Such spaces can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers or equipment if sufficient off-street parking, in full compliance with this Title, is provided elsewhere on the property. b. No permit shall be issued for the construction of more than one private garage for each dwelling. Each applicant for a building permit to construct any dwellings shall be required to provide off-street parking spaces for at least two (2) automobiles per family in addition to any garage spaces to be used. Every dwelling house hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. c. No permit shall be issued for the construction of a residential dwelling, garage or garage expansion unless the driveway servicing the property is improved with a permanent surfacing material so as to control dust. drainage and erosion, according to the requirements as set forth in Section 902.05 of this Code, unless the property owner provides a signed. notarized statement in which he/she/they agree to improve the driveway in conjunction with the desired construction activities or within three months of the commencement of such activities, in a form acceptable to the City Attorney. For the purposes of this Title, permanent surfacing materials are defined as concrete, asphalt or brick. d. Accessory buildings shall not exceed fifteen feet (15') in height, shall be five feet (5') or more from all lots lines of adjoining lots and shall be six feet (6') or more from any other building or structure on the same lot. Attached garages must conform to the front and rear setback requirements for the principle structure, and the side yard setback shall be at least five feet (5'). e. The square footage of a garage in an R-1 District shall not exceed the square footage of the principal dwelling's foundation. except by conditional use permit. .4d- No garage in an R-1 District shall exceed nine hundredffty-two (952) eight-hum],ed sixty four (864) square feet in area, except by conditional use permit. g,e:- An outdoor living room or patio shall not be used for storage of automobiles or Page 8 trucks. f No permit shall be issued for the construction of more than two (2) accessory buildings in any R-1 District. One of the two (2) permits must be for a garage. No accessory building other than a garage shall exceed two hundred sixteen (216) square feet, except by conditional use permit. /Jr- The combined square footage of for all accessory buildings in a rear yard on-ene-let shall not exceed occupy-more-than twenty,frve percent (20 25-%) of the rear yard. (Ord. 442, 7-11-88; Ord. 620, 1993 Code, 12-12-99) SECTION 7: Section 1106.04 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and - i• % % ' respectively, to read as follows: 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 6. Garage exceeding nine hundredfifty-two(952) eight hundred sixty four (864) square feet. a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(1) of this Title. b. The combined square footage of all accessory buildings on one lot cannot exceed one thousand four hundred(1.400) one thousand two hundred four (1,264) square feet. C tl. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. d e. The width of the building cannot exceed thirty five feet (35') nor allow for more than three (3) vehicle access. g f. Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by Section 1125.01 of this Title. (Ord. 620. 12-12-99) Page 9 SECTION 8: Section 1108.03 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and - - :' a a • • - _ respectively, to read as follows: 1108.03: ACCESSORY USES: The following are permitted accessory uses in an R-3 District: All permitted accessory uses allowed in an R-2 District. Enclosed garage stalls. the number of which shall not exceed the number of dwelling units in the principal building. Individual stalls shall not exceed two hundred and fifty (250) square feet each and shall be attached to one another by common interior walls which meet the Minnesota State Building Code requirements. All setback requirements as specified in Section 1104.01. Subd. 4. shall be met. Off-street loading. (Ord. 620. 12-12-99 1988 Code §40.13) SECTION 9: Section 1121.09 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and - - a, a a • .-. _ respectively, to read as follows: 1121.09: STALL, AISLE AND DRIVEWAY DESIGN: Subd. 1. Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen twenty feet (18 20') in length exclusive of access aisles, and each space shall be served adequately by access aisles. - •_ %' '' • _ % _ : .: [Subdivisions 2 through 6 remain unchanged.] Subd. 7. Surfacing: All areas, as allowed in Subdivision 1104.01(4) of this Title, to be utilized for parking space and driveways shall be surfaced with a permanent. improved surface material as defined in Section 1102.02 of this Chapter. suitable to control dust, drainage and erosion, meeting the requirements of Section 902.05 of this Code and-she • ' • - : : _ I, except as follows:A gravel surface material meeting the specifications of Section 902.05. Subd. 5 of this Code may be used for parking areas in an R-1 or R-2 District not to exceed three hundred(300) square feet or. if to be used as a parking surface for an RV. the minimum area that would encompasses the wheel-base area of one (1) recreational vehicle. Plans for surfacing and drainage of driveways and Page 10 stalls for five (5) or more vehicles shall be submitted to the Director of Community Development ', . '- : - - = for review, and the final drainage plan must receive the Director of Public Works/City Engineer's written approval. temporary _- ; .- -I - _ , I I I' I • Ir .,. 11 .1 I I•', I I. I I. construction, as defined in subdivision 902.05(4) of this Code. No concrete suifacing - . I: ;..-: : = :a a -, -= -. (Ord. 524, 2-22-93; Ord. 620. 12-12-99) [Subdivisions 8 through 12 remain unchanged.] SECTION 10: Section 1121.14 of the Mounds View Zoning Code is hereby amended with the proposed additions and deletions underlined and italicized and - -. : a a -. respectively, to read as follows: 1121.14: PROOF OF PARKING $ • C 1 • _ . ' : '• '• REDUCTION: A reduction in the parking space requirements may be administratively granted by the Director of Community Development or formally in conjunction with a City Council approved development review -: :' , I- if the following conditions are met: Subd. 1. The number of spaces being reduced does not exceed fifteen percent (15%) of the required amount. Subd. 2. The required area for the spaces being omitted must be available for later use if necessary. Subd. 3. The required area for the spaces being omitted must be complementary and coordinated with the proposed parking spaces and access tot he property. Subd. 4. The required area for the spaces being omitted shall be designated as undevelopable other than being used for parking or access. Subd. 5. A written agreement approved by the City Attorney shall be filed with the property requiring that the owner or subsequent owners be required to improve the omitted parking spaces if needed by the use of the property. (1988 Code §40.07 Ord 620. 12-12-99 ) Page 11 Section 11. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this day of 1998. Read and passed by the City Council of the City of Mounds View on this day of , 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) APPROVED AS TO FORM: City Attorney Page 12 Item No.sr Staff Report No. Meeting Date: Type of Business: •Zir WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: Contractor Licenses for Approval Date of Report: July 18, 1998 Please consider the following contractor licenses for approval. All licensees have submitted license fee and proof of adequate insurance. All are renewals unless specified and will expire on June 30, 1999. ASPHALT ACI Construction, Inc. EXCAVATING Genadek Trucking &Excavating, Inc. -NEW GENERAL (COMMERCIAL) Gilbert Construction Co., Inc. Louis Dammann& Sons Const. Inc. -NEW McGough Construction Co., Inc. Real Estate Diversified, Inc. -NEW Tyler Construction, Inc. -NEW HVAC Alliance Mechanical Services, Inc. Doody Mechanical, Inc-NEW Egan Mechanical Contractors, Inc. Gilbert Mechanical Contractors, Inc. Sedgwick Heating & Air Cond. Co. Spriggs Plumbing &Heating -NEW ROOFING Central Roofing Company -New SIGN Lawrence Sign National Advertising Co. Dba Outdoor Systems TREE TRIMMING/REMOVAL Precision Landscape & Tree, Inc. Staff Recommendation: Approve licenses as requested. 17/2-4 RESOLUTION NO. 5251 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION DETERMINING THE CORRECTED PETITION FOR INITIATIVE TO BE INSUFFICIENT WHEREAS,a petition proposing to adopt a resolution by initiative regarding the theater project ("Petition")had been submitted to the City Clerk-Administrator and determined by the City Council to be insufficient on May 26, 1998 [Resolution No.5240];and WHEREAS,the Sponsoring Committee of the Petition has since acted in attempts to correct the Petition according to Charter Section 5.04 by submitting an additional 149 petitioning signatures verified as satisfactory by the Clerk-Administrator thereby totaling 882 approved signature and surpassing the required 859 signatures;and WHEREAS,the Sponsoring Committee has retained the wording of the original petition which were opined by the City Attorney to be reasons for considering the Petition to be invalid;and WHEREAS,the Clerk-Administrator has reported to the City Council in accordance with Charter Section 5.04 in the letter dated June 29, 1998 that the Sponsoring Committee had submitted the additional signatures;and WHEREAS,Charter Section 5.04 requires the City Council to again fmd the Petition to be sufficient or insufficient;and WHEREAS,the City Attorney has opined that a petition for initiative pursuant to Chapter 5 of the City Charter is not lawfully applicable to an initiative for a resolution,and that regardless of the language of such Charter provision,such initiative authority must be construed in harmony with and subject to the constitution and laws of the State of Minnesota;and WHEREAS,the Petition for initiative is for the adoption of a resolution,the City Council is under no obligation to place the initiative resolution on the ballot of either a special election or regular City election;and BE IT HEREBY RESOLVED that the Mounds View City Council determines the corrected Petition for initiative to be insufficient based on the recommendation and legal advice of the City Attorney;and be it FURTHER RESOLVED that based on this fmding of insufficiency of the Petition,the initiative for a resolution requested by the Petition Sponsoring Committee shall not be placed on either a special election or a regular City election. Adopted this 13th day of July, 1998. Roger Koopmeiners,Acting Mayor AlFEST: Charles S. Whiting (SEAL): City Clerk-Administrator Item No. 18 Type of Business: CB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Public Hearing to Consider Licenses for Holiday Station Store Located at 2732 Highway 10 Date of Report: July 7, 1998 Charles Durand, owner/operator of the new Holiday Station/Store, located at 2732 Highway 10, has submitted complete applications for the following licenses: * cigarette * gasoline * 3.2% Malt Liquor Staff Recommendation: Approve the licenses pursuant to Chapters 503, 509 and 512 of the Municipal Code. 7 c Item No. 'iC/ Type of Business: CB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Public Hearing to Consider Off Sale Intoxicating Liquor License for ABC Liquor, 2840 Highway 10 / Approval of Resolution 5244 Formally Denying the Renewal License for Murzyns Liquor Date of Report: July 9, 1998 The applicants have submitted complete application materials and proof of financial responsibility to the City. The Police Department conducted an investigation revealing nothing that would prevent the City Council from approving the license for off sale intoxicating liquor(see attached report from Chief Ramacher) The applicants have also submitted a complete application for the sale of cigarettes at the liquor store. At the June 22 Council meeting, the City Council voted to deny renewal of the intoxicating liquor license for Murzyn's Liquor. The attached resolution reflects that decision. Staff Recommendation: 1. Approve the license for off sale intoxicating liquor and cigarettes for ABC Liquor, 2840 Highway 10. 2. Approve Resolution 5254 Denying renewal of the Intoxicating Liquor License to Murzyn's Liquor. MEMO To: Mayor, City Council From: Chief Ramacher Subject: Liquor License Application Date: July 9, 1998 On July 6, 1998, Smita Shantilal Shah, made application for a off sale intoxicating liquor license. The location for the license is 2840 Hwy. 10 (formerly known as Murzyn's). The new name would be ABC Liquor. The Police Department conducted an investigation,the following is a sysnopis of that investigation: * Smita Shah and Shripal Shah are married. Smita has been a citizen of the United States since 1977. Shripal is not a citizen but has lived in this country sincel979. * Smita and Shripal owned a dairy store in St.Paul from 1980-1986. They owned a small grocery store(Mark's Superette) in Mahtomedi from 1986-1993. * Currently, Smita and Shripal own a commercial cleaning service (Jani-King)their clients incurred a Police Department and numerous banks. They currently live in Eden Prairie. * A criminal history and a warrant check revealed no history and no wants or warrants on Smita or Shripal. The investigation revealed nothing that would denied the issuance of an intoxicating liquor license to Smita Shah. RESOLUTION NO. 5254 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING RENEWAL OF THE INTOXICATING LIQUOR LICENSE FOR MURZYN'S LIQUOR,2840 HIGHWAY 10 WHEREAS,Murzyn's Liquor has been cited with six liquor law violations in 1998; and WHEREAS,these incidents violate Municipal Code Sections 502.13, 502.14, subd.4 and 502.04 subd. 1(b)(4); and WHEREAS,it is in the best interest of the health and safety of the residents of Mounds View to prevent such unlawful activity. NOW THEREFORE,BE IT RESOLVED THAT the renewal license for Muzyn's liquor is denied effective June 30, 1998. Adopted this 13th day of July, 1998 ATTEST Acting Mayor Roger Koopmeiners (SEAL) Chuck Whiting,City Administrator Item Staff Report No. Meeting Date: July 13, 1998 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution No. 5247, a Resolution Approving a Minor Subdivision of the Property Located at 3025 County Road H for Duane and Nancy Peterson. Planning Case No. 527-98. Meeting Date: July 13, 1998 Applicable Regulations: • Surveyor's Certificate: Section 1202.01, Subd. 3b requires that the applicant provide a certificate of survey prepared by a Minnesota registered land surveyor. • Minimum Lot Size and Widths: Section 1104.02, Subd. 2b, as amended by Ordinance 590, sets the minimum interior lot size at 11,000 square feet and the minimum corner lot size at 12,500 square feet. The minimum width for interior lots is 75 feet while the minimum frontage for a corner lot is 100 feet. • Provision of Easements: Section 1203.04 requires that drainage and utility easements be provided in the event of property subdivisions. • Park Dedication Fee: Section 1204.02 requires that a park dedication fee be paid in an amount equivalent to five percent (5%) of the land value of the property to be subdivided. Attachments: Planning Application Zoning Map Certificate of Survey(81/2 x 11 reduced copy) Certificate of Survey (11 x 17 copy, Separate attachment) Easement Documents Purchase Agreement Resolution No. 5247 Background: The applicants, Duane &Nancy Peterson, are requesting approval of a minor subdivision to create two lots from their property located at 3025 County Road H. The City's subdivision regulations allow for approval of a surveyor's certificate in these situations. A copy of the surveyor's certificate showing the proposed lot split is attached. This property currently has 100 Peterson Minor Subdivision Planning Case No. 527-98 July 13, 1998 Page 2 feet of frontage on Pleasant View Drive and 225 feet along County Road H. There is a home on the eastern portion of the lot. The applicant proposes to split off the west 125 feet of the lot, to create a 12,500 sf corner lot. The remaining lot would only be 10,000 sf, which is 1,000 sf less than the minimum lot size. The applicant has arranged to purchase 10 feet of property from the neighbor to the east, Mr. Steve Borden, residing at 3009 County Road H. With the additional 10 feet, the remaining property, at 11,000 sf, would meet the minimum requirements. This will be accomplished by means of a simple deeded land transfer between the two property owners. Discussion: The proposed legal descriptions and certificate of survey have been reviewed by the City's Engineering Technician, who finds them in compliance with City standards in the proper form for recording. Staff has sent a copy of the certificate of survey to the City Attorney for his comments and to arrange for the drafting of easement documents to convey the drainage and utility easements shown on the survey. These easement documents have been prepared and are attached for reference. With every subdivision of land within the City of Mounds View, a park dedication fee is required to be paid. The dedication fee for this subdivision is five percent of the market value of the land. There is an exception to this in that if a home occupies one of the remaining or created lots, the land value for that parcel is to be excluded from the fee. According to the Ramsey County assessor's records, this property is valued at $29,700. Five percent of that would amount to $1,485. With this exclusion, the dedication requirement is reduced to $825. There is an outstanding utility bill for this property that has remained unpaid since 1995. The current owners have only recently took over control of the property via a court settlement yet have indicated that they will make arrangements to meet with the utility billing clerk to work out an appropriate payment to bring the account up to date. The Planning Commission, at its meeting on June 17, 1998, approved Resolution 549-98, a resolution recommending to the City Council approval of this minor subdivision request. Recommendation: Approve Resolution 5247, a resolution approving the minor subdivision of 3025 County Road H as requested by Duane and Nancy Peterson, subject to stipulations. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\527-98\PETERSON.CC1 I COMMUNITY DEVELOPMENT DEPARTMENT r DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 4""u'Pxrrntts'° 612-717-4020 612-784-3462 -FAX Please Type or Print Information-Complete Both Sides of This Form Applicant Information Name of Applicant DUANE R. PETERSON AND NANCY PETERSOltelephone(F,1 2 ) 444-6468 Address 28195 MADISON STREET N.E. Fax NONE ISANTI, MINNESOTA 55040 Interest in Property(check appropriate box) • Owner of Property 0 Contract for Deed Owner O Lessee,Operator,Manager ❑ Agreement to Purchase ❑ Other(explain) Applicants must provide evidence of interest in property at the time of application,and if you are not the owner of the property,you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location 30 2 5 COUNTY ROAD H Legal Description The West two hundred twenty—five (W.225) feet • • ' , • - • • • - •RK,Ramsey Co. ,' Property Identification#(PIN#) 07-30-23-33-0031 3 #of Acres Approximately 1 /7 arra Current Zoning R_1 Type of Application ❑ Comprehensive Plan Amendment $250 ❑ Rezoning $250/acre; min$250 max$1500 ❑ Major Subdivision $250+$250 deposit* 1r Minor Subdivision $200 ❑ Planned Unit Development(PUD) Refer to rezoning fees ❑ PUD Amendment $350 ❑ Conditional Use Permit R-I, R-2$75;all others$250 ❑ Variance R-1, R-2$75;all others$250 ❑ Code Appeal $100 ❑ Develop Review/Site Plan $125/acre;min$125 max$750 ❑ Wetland Alteration Permit R-1,R-2$150;all others$200 ❑ Wetland Buffer Permit R-1,R-2$25;all others$100 ❑ Floodplain Permit $200 • Other *Deposits shall be paid to cover all costs of public notices,materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty(30)days atter consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View,MN Development Application Page 2 Present Use of Property ❑ Undeveloped/Vacant ffi Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi-family Dwelling ❑ Business/Commercial Establishment ❑ Industrial Establishment ❑ Other(explain) Property Classification ❑ Abstract nt Torrens Description of Proposal To subdiviap the property in to two lots. One with tha axi et inrj ho»ea and nnP fnr aPVP1 npmPnt BY MY(OUR)SIGNATURE ON THIS APPLICATION,I HEREBY DECLARE THAT,TO THE BEST OF MY KNOWLEDGE,THE INFORMATION PROVIDED IS TRUE AND ACCURATE. Signature of Applicant Name of Applicant(typed/printed) T)TTANE V. PETERSON — NCY PETERSON Signature of Property Owner i i , . Name of Property Owner(typed/printed) nnANR R. PETERSON — ANCY •ETERSON Address of Owner ,81Q5 MA n T S QN ST_ N_E_ TSANTT . MTNNESOTA 55040 Phone Number of Owner (61 2) 444-646R ************************************************************************************************ Date of Submittal ‘-i-20 —6'1r^ FOR OFFICE USE ONLY Date of Acceptance Assigned to: Planning Case No. S — 9 g 60-day Limit 120-day limit Fees Paid: Account# Check# Receipt# • Application: vZ/j() do f)) 7 Park Dedication: Deposits: Other. Total: N:\DATAZROt1Ps\COMDEV\FORMS\DEVAPP.FOR 1/98 15; 732 7344 736• �= i� 32. 7327 M l I I 1a 33 (7`325` N N N 7338 1 I a o0 N en in ^ O O 61 N ^ 8 721-12- 1.4 M k — .) la M in M 0O M r, N N N N N '7315 m�N 2 N N 7310 . 1111111 el RP . c0 v o co o N tO CO 77295 of of N N N N 728Fi 8-1 4141 1.:: M M r0] 1 N N 7280 I( 7234 7237 7250 0 ct 7226 7225 72 • 7200 7215 7194 :::: 7188 7191 R-4 7172 7151 718• (: [ 7150 r) in n rn 7111 :1;-1 N N N N N ( . o W000ALE DR , g aD O N 14. N d c0 CO co O rn rn cn 7100 7095 co m ao 709C' • p O N : N N Q N N Cl N ! , N `° In '� 7094 p M 7092 0:k r0, rAi 7090 0 708., 7070 . 7082 0 7095 _I 707: 7060 7074 p ' 7072 7069 Y 7083 0I 7060 M r N 03 O N A 7054 7057 7044• 7039 co N N N e 0 I a CF 7034 704 WOODCREST / �� >` PARK 7028 —cr. o N cc J 7026 702- i - • 000 N N N N N �' PF 7006 701 ' a, 5092 5091c 6986 1--' 69. 2940 5086 50850 6970 2932 �:_ NnN X96 6960 L. il�./E . 5080 5079 • • • 2 6 6953 ` IMO N 6950 6951 5072 5071, 6940 506615065 • 6942 0. 6939 6946 6945 5060 5059,C 6928 ' • 692 . 3 `06929 ai — rLn r. a) 5054 505 ,'N`\‘\ \\ \ o . 6900 `p\ \ r�� c•I 5046 5045i 13aI ci o 2, m m m J , • um . . . . ., _1.� • _ . . — _._ . . _____ _ • NEW BRIGHTON Zoning Map Planning Case 527-98 Applicant: Duane & Nancy Peterson N4 Location: 3025 County Road H * engineering LAND PLANNERS• LANDSCAPE ARCHITECTS 625 Highway 10 N.E. Blaine, MN 55434 * 4( 4( * (612) 783-1880 FAX:783-1883 - - - - - __-•- PLEA EW .DRfIVE'---.----•-- --- m..0°57'40"e, 100,00 ' Sketch Plan o1 i — _o - N 1.l's-'. • PAPCELI •o LOT 75, KNOL.LINOOD PARK j A \ Rannsey Counfy Minnesota ,- I %.+o, �• DUANEPETERSON , A. 10.. A Lit ,5 ' tN _r : ,1 4 -1,rif.-0-37-44" ,r‘.;,, , - -41.1 I' -r.l GP I ,t. '^ Ily `ZScale 1 inch=40 t 4 I r L. T o7% 4 , `,..z °; e.o1r o W PARCEL A N.1, ' 'PAIkfEL ' The West 125.00/2e/or'Lo/ 75, KNo[[woo0 I , h I PARK as/dallied clod o record in fhe of{;'ce o r' I a 8 i /the Counfy Recorder,Ramsey Calmly,M/nnerola. 1'" ID wo•oo ;, f y 1 I Confoining 12,502' 97./.7. 1 ` iis -f- P4RCEL-C--j- ,-,-4 / PARCEL 8 (Parcels Q�C combined) 100.00 f The East (10.00 o f /he Wes/ 235 o0'�ef'oI'tot 75 I' ;,?as/line o f Me West � g ou w000 /Amc as p//feel and Of rlrord in/h %cc 35 fcel at Lot 75 , ' of fix° Coun/y Recorder,'Cornett Cam y,Minneso I IA": Con/oinirlg 11,0o/ s'cr.ti PARCEL C The Eac/10,00t ee/of Ike Wes/ 735:00,1th of Lot 75, 14/040/000 PARK as pb//edond o/r'record to the "rite o{'/he Coun/y Tlecorder,Ramsey PARCELCounfy, 44/nneso11, 0 o Containing /000 s '.,4? D i. 'v N PARCEL D ' to/75/txcepf /he WEST Z .OOfeef of Lo/ 75, kNOLLwood PARS as lo/ailed and 9"record in fhe '/re or'/he Counfy Recorder, Ramsey Counfy, 44/nom/a. Bearings shown are assumed \` ,' A separate drainage and afilify easement •%, document has been recorded w//li ,'oms y Coun'y 100.oo I hereby cer/i' /ha/ this /0/an was prepared by me and that f am a du/y Qe isfered Land . Surveyor under fhe /aws o/r' /he 'Tate of M/r/neso/a. Dated Phis Sod ar ia.2- A.D./ B Rev: e//6/99 we/se/lgck cid,e4f,,ns °/30/98 add note a'Ewgemerf I Il /8236 Roeser 6. Srn'fc/I L.•c. Lie.No. /499/ ! PARCEL A Easement PERMANENT DRAINAGE AND UTILITY EASEMENT GRANT THIS EASEMENT GRANT IS MADE THIS day of 1998, between DUANE PETERSON AND NANCY PETERSON, husband and wife, Grantor, owner of the property located at County Road H, Mounds View, Minnesota 55112 (hereinafter referred to as "Grantor" ) , and CITY OF MOUNDS VIEW, Grantee, a municipal corporation organized under the laws of the State of Minnesota, having its principal office located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter referred to as "City" ) . 1 . Consideration and Description. In consideration of the sum of $1 . 00 and other good and valuable consideration, receipt of which is acknowledged, Grantor hereby grants, sells, and conveys to City, its successors and assigns, a permanent drainage and utility easement for the purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing and putting into operation all necessary public utilities, including but not limited to water and sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City, in, upon, over and across the following described real estate owned by the Grantor situated in the County of Ramsey which is described herein as the Easement Tract . The Easement Tract is legally described on Exhibit A which is attached hereto and incorporated herein. 2 . Term of Easement. The easement rights granted herein shall be possessed and enjoyed by the City, its successors and assigns, in perpetuity. 3 . Ingress, Egress, and Maintenance. The City, its employees, contractors, and representatives shall have the right of ingress and egress to and from the Easement Tract for the purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing and putting into operation all necessary public utilities, including but not limited to water and sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City. Such ingress and egress shall be limited to the Easement and to existing public roads, if any, on the premises . 4 . Rights and Restrictions of Grantor. Grantor shall have the right to full use and enjoyment of the Easement Tract except for such use as may interfere with the exercise by the City of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, maintenance, repair, or other SJR145125 MU210-5 1 PARCEL A Easement operation of any utility lines, drainage, facilities or appurtenances constructed or permitted pursuant to this instrument . Grantor further agrees that it will not materially change the ground elevation above such utility lines, facilities or appurtenances, or impede the drainage over or across the Easement Tract, without the prior written consent of the City. 5 . Covenant of Ownership. Grantor covenants that it is the owner of the Easement Tract and has the right, title, and capacity to grant the Easements granted herein. 6 . Effect Upon Subsequent Parties. This Easement Grant shall be binding upon and accrue to the benefit of the heirs, legal representatives, successors, and assigns of the parties hereto. [The remainder of this page is intentionally left blank. ] SJR145125 MU210-5 2 PARCEL A Easement IN WITNESS WHEREOF, the Grantor has caused this Easement Grant to be duly executed in its name and behalf as of the day and year first above written. DUANE PETERSON NANCY PETERSON STATE OF MINNESOTA ) ss COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of , 1998, by DUANE PETERSON and NANCY PETERSON, husband and wife, respectively. Notary Public This instrument was drafted by: KENNEDY & GRAVEN, CHARTERED (SJR) 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 SJR145125 3 MU210-5 PARCEL A Easement EXHIBIT A Legal Description of Easement [Easement Tract] A permanent easement for drainage and utility proposes over, under and across the West and South 10 . 00 feet and the North and East 5 . 00 feet of the West 125 . 00 feet of Lot 75, KNOLLWOOD PARK, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota. SJR145125 MU210-5 4 PARCEL B Easement PERMANENT DRAINAGE AND UTILITY EASEMENT GRANT THIS EASEMENT GRANT IS MADE THIS day of 1998 , between DUANE PETERSON AND NANCY PETERSON, husband and wife, Grantor, owner of the property located at County Road H, Mounds View, Minnesota 55112 (hereinafter referred to as "Grantor") , and CITY OF MOUNDS VIEW, Grantee, a municipal corporation organized under the laws of the State of Minnesota, having its principal office located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter referred to as "City" ) . 1 . Consideration and Description. In consideration of the sum of $1 . 00 and other good and valuable consideration, receipt of which is acknowledged, Grantor hereby grants, sells, and conveys to City, its successors and assigns, a permanent drainage and utility easement for the purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing and putting into operation all necessary public utilities, including but not limited to water and sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City, in, upon, over and across the following described real estate owned by the Grantor situated in the County of Ramsey which is described herein as the Easement Tract. The Easement Tract is legally described on Exhibit A which is attached hereto and incorporated herein. 2 . Term of Easement. The easement rights granted herein shall be possessed and enjoyed by the City, its successors and assigns, in perpetuity. 3 . Ingress, Egress, and Maintenance. The City, its employees, contractors, and representatives shall have the right of ingress and egress to and from the Easement Tract for the purpose of constructing, laying, operating, inspecting, maintaining, altering, replacing, repairing and putting into operation all necessary public utilities, including but not limited to water and sewer, storm sewer and drainage, pipes, lines and facilities and appurtenances of said City. Such ingress and egress shall be limited to the Easement and to existing public roads, if any, on the premises . 4 . Rights and Restrictions of Grantor. Grantor shall have the right to full use and enjoyment of the Easement Tract except for such use as may interfere with the exercise by the City of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, maintenance, repair, or other SJR145127 MU210-5 1 PARCEL B Easement operation of any utility lines, drainage, facilities or appurtenances constructed or permitted pursuant to this instrument . Grantor further agrees that it will not materially change the ground elevation above such utility lines, facilities or appurtenances, or impede the drainage over or across the Easement Tract, without the prior written consent of the City. 5 . Covenant of Ownership. Grantor covenants that it is the owner of the Easement Tract and has the right, title, and capacity to grant the Easements granted herein. 6 . Effect Upon Subsequent Parties. This Easement Grant shall be binding upon and accrue to the benefit of the heirs, legal representatives, successors, and assigns of the parties hereto. [The remainder of this page is intentionally left blank. ] SJR145127 2 MU210-5 PARCEL B Easement IN WITNESS WHEREOF, the Grantor has caused this Easement Grant to be duly executed in its name and behalf as of the day and year first above written. DUANE PETERSON NANCY PETERSON STATE OF MINNESOTA ) ss COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of , 1998, by DUANE PETERSON and NANCY PETERSON, husband and wife, respectively. Notary Public This instrument was drafted by: KENNEDY & GRAVEN, CHARTERED (SJR) 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 SJR145127 3 MU210-5 PARCEL B Easement EXHIBIT A Legal Description of Easement [Easement Tract] A permanent easement for drainage and utility proposes over, under and across the South 10 . 00 feet and the West, North and East 5 . 00 feet of the East 110 . 00 feet of the West 235 . 00 feet of Lot 75, KNOLLWOOD PARK, according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota. SJR145127 MU210-5 4 JUL-08—'98 WED 14:16 ID:STUART E GALE ATTYS FAX NO:612-888-9238 14563 P02 JUL- 9-98 WHU 11:42 All SAUCE, {VU SOR PAx HO 7 7734 F. 2 VACANT LAND PURCHASE AGREEMENT XRAIREIGGCRUSIMVINIGjc vir.wit 401100m11 MIIMi]R8•MNuftaweANIo.,ir•rtgagl DSAL 01020 4r r Uma wry Miry mop tai a pier or gleam d WI eon, 1. Oe1e ,Tune 1 7 gap Z. Pap. 1 421-3--- PAM I NICEIVED 00 —PIM!INS R. "TIMOR AND, r�dRY .$STERSDN___, • e.Ms sum d Wawa(cm.Da ) yr CHIEcC4rPOTE +►ammo~ON to a Yea aaParalps d PaCN�.Agl�raa try a8 ma*an or soups Mw nom a e eines ew atm aaaepesrq 1n.bud !#�i18ib�iiPUrrnd d Dup.i runtime Apl..rrrn knot amsylea by 1 al"Sad marnee +a Pen wN►trs tr�+Pr ettrau ataACICOM tea litoox =.batt 'if IOW acw, ty Et JID.ali _ a City aOu KD9view _.Carty d -s bleep a*nada, et by*eme:TDea era: ^A-=+• ,n trent Of the W.Vt 235 feet of Lat 75, . _.__�_� •-� B.twilling tu blowy onvorrit+anb:awed ty$aarr and Imre on and piton : ri peter buffet peels erode med beset tont tea me featerry u elyeee g propnn)rt ,.,ZONE )1 al d waif popery Oda Ida w bey*eel o ad 4 Buys tr der tun c6 B, Z _TTao]ualknd >!>f d A01 j 08. " ,.-.. 9 r 09A qn l OuMnxi t4 wdretr flays octal bpey 41 to 1•13Mrd mirror. Enna money d s L 00.00 Ina$e.•5104,-nn rr,taco on es OWL_ 932 ADDEnsai.Mrr ti n yai wtsx oms is ow ansnor9 rt aslis+tai w:.srf,ro Irmo**aaa+.ewm _ al.Amepaltri• OstYa mer Deed Conmarl.l,Purrs!*anal Monpse! Doh r_. . 24 6.1121M aoyflw $NaR+1: Mrls Roam;Apruanmre leLoam b Ys Moore cadtpindso ant f the Miming comma cial~NW oebv 2R taloa es*aka ar aa'ali h*nar'1,by Buyer by._.��AIImbIdX..L�. tb36..,Ws Putnam rine a1 me rad tame ad and a ?2 mrd.ad an arm*mammy am be tropate ID or Bl4 mew a�74p a 19'a into let Putese App rr wt 23151011$If1P **colas 24 G(yraknitio4ER endl pewee a owleces it away at is pow*N ASITA BrEU eo+owter,nd Meir awn ro (til Shea ottinb1p wad d d CRIM IWiip ci pVIee 1 tar✓liina Oars WE 14meeklkrok a1BVIti IND NOM 2T.x i Sure aeler*w wpm)d dlyb+ae41 d Pmg4aad subalrieiar deulr4r►e1 plata E 11.ER emena. 2B r)as Ma Oar**oritov l d d1YbMrW ll 10 swam tir we come ae su yam!6"'C4ll,./t worm 2a 11 by Buyer Mande at SE14. 1 stpsera precci W°n OSY*Aka se°mapreli6 0 Wylie 33 0 A Buys ahead;a lgyni s,A„LEI1 mores,marl reds whirl.Masi the Ms poverty may to mimed ratetti arterelnery MAIN 31. 11tt1O a a tt�4 32.0(W Owed Mailed—d taken On am*iciairPebrbt be amo Brae with ry War*,WOW embroils and DPW"!tl 33 l e aellrastead MAI 00OrrO ea 3,Dr0met urv►e_YS.1LA$1p }}rats.vnuJA rs, .fYnet alta r`nunt_y n* aikomey 310443fpiiri nQ A 2* 1 r'arnt•T.*Tiil abur,ray S eywtmyea rO�b}yr�Rr+�UYYrles N any)aDdo rel semit 7 .non nn 3E Date prays lamnhi ar d walet ih a pitg any lar boric ric and*mite maw 31 MAASS NO m Aryl/rote/rear a dlabrwr creeps rrrpraltg Ht prcOony+mea ane as rail Inib4>¢ troakaip weir wawa d,ar ik mukuked i3i,dhlefia Q er,d tole le ewesbamp Mat atm,park OsOroslrOl4 ase ametg tray mansion and common/feel art)are pini a1.b ata eat a1 are Seelei N+oMedys Cure ea no MOAN Neta&sesndonea sada ar a serum ala aortpe arra cagy at Mail meted a4 SPECIAL.IMARRAN,IES: Sager .,,.r he - •• discreara In Ods PUIOnw vermin arra d as 1e(190t ..+:1_ • le war*move . >:I tot Suer ISMS ata Ind proof!/ Rrr +h PIe dogad 103 year Itmd pWn oak Ma Dad*reamer e,nt ora poperly OQE$ •••' NGT/sows pnlawr•it lar!Itleln+eri Par Breen Arran ra). an tete are drier MOM*MI tit me a pod el fro Fames Arerrw rt Poor Pegs a Imps on rbcs 2) Mr! COMAINICIPAMIL TITllt Uva/etylomelea bl'Surat SOW MO Orlark a—X %SIMS,/Did blared as an by apnea P ran)(a rear a adhoriblo aeey e,q(ro a et WW Wad ad Poreg nrre aabtett d tans WE mina I e;(8) Resrtrions Ming b ass a 4rtproer era+P no popery rano abotte e4 Um:(4 Msaorran Q say MOO.ti"by the Dale d Maw (01 Wry ore)dame"eaMehsrsa*Mt oo nal Yrorrse at Wee Urea erporreeet 04 NM or imma as roam lunium 1016000.1ed Majed b*Imola SI 0) COM Nag te aterMet toskle M.TITLE&IELIMMI1Ork Saber teres Main a meondee Ins leer mons at est aprssrrsrt,tumid+an Mind o Impa or a myelomas btt prep it areA►d n alms o Middy prop/r ee cornea urrirnpom eta era Wood. d and lhri,and Mil and 03 rpq�� } !+��ILya be aenred 10 taalnees days OW ra io d Ymrro U trams i d Pre and making any +s BT.sad ba•fl n poly a. rad.0*erl,r arta ►•bo notch !lacer sing Hera 10 OlAineas tags Mon Keech d E>tgarb aw on floe abadie s 4 may atm",d 1'naaktn r,omit age nwrstim MI).j r1p ares 110M Siam's readd it audr rehire arloM% et ameba a 6e"Shan;wenn,him/aft rbkPArrsl Nang ter poaprmid protea worm d NA(all upon ovum or Oda arra warn 10 Cray Mir W,flNn moor €1110 dlay+d re Pram Nd pertar►r ars Puotseu Auremer*arrodne o i amts Pru math ribs a wet a N nits a gran but ert is rd at cameo win ale ams paorr?ea an,the Puttitio AOtenlenra vi bo ra,1 WE*cod.eb awn d Buyer,maw party rOldh.bade kr Mokpo narraItr*roe serer WE swim money Nre1 bo*After ru B4+(,r,Behar WE*dor tent,b ago corcin Nan d Robe ngreemen.13►yer na wow u wimp an on rs s tae pato},rn a.nee armours a ne wave,Ow„ha,d an stow d Veer a ar a,gerby Is aubpea td a maw • Mild or Ina elated d a a Jr Soares ereseeebn et 4oi4d,a9f.ris lour Aue r pussy(I)ire lN.serrietron para•bas*worn on upon Dieners reagin or a moat NON Maim corte?imm.ted(2157dr sad pe"the canis premiun,a kith;URN N no k+ndda i I oa mantra,WE only is rMt Mayor tool a~Pc a e rnasns•aiy/err r►wy brads x/a p i a• ads mew a aeaeu.'4red tE INA pray hs pprAen NT.Is M*Weft peva. c-�C•. - i .P / - - —./ .fir/.7 . JUL-08—'98 WED 14: 17 ID:STUART E GALE ATTYS FAX NO:612-888-9238 14563 P03 JUL- 6-49 WED 11:43 AM EANCE. IVERSON RAI NO, 512 571 7734 PL3 rwargagarapuotz • ' VACANT LAND PURCHASE AGREEMENT 7Q Dna ldno :2. 1 itUa n, Pep*2 d s Repos 72.REAL ESTATE TAXES NW be pea as Mom 7I stirs OW Pall p or.4sd(rem dot Of mesion,__ISO,s I, r real vegeta taus duo and Parotin In VP fir 19L_. 7a,Oak.mall Dirt prortlsd kart et alnalnp._121118,8 naw real beano two due ane payeers k1 UT/year 19.$14_. 71L fn Me sena be Nedra Me is ta angle*dM»real !low paid OakOakM or&SOd,hArs s ad)uMtetl b Ste ndoling dais.BeerBeertoinerto e 711.War ea and mine h Ow err+� 99 we e.a +(oar rlAD dmirea(aa Ser+fir.l b pre Byrd coram$ -n- T7,Ow,Ola f ortnolltMead Conant d the mei a® MISS stent,Sugar agent b pry are remaining balance d ron4a+nraeerd linos Mien rimy Become 71 dra are payable,MaiMwr Se 4s nor Awe)make arm regresanlanlon o xeminp the ennui.d ail sequai real valeta lama. A SPECIAL AIWAMENTY mai to pee as Odom eQPAP.AMD 8E �jQ SHALL PRORATE eta OF THE OM Or OLOSI$Q/i r aA µy T. St rest mins d pada am:Imwlh waned for parrot rrth the real arisen hues duo and payable In the peer d 0 1g, ea rl.9H‘,14./14N,Antes s, R.tNt_ t1Au.P�on dels of MON ea acror amid e.osTwrr IOW as of tie Me d dosing. 9UYEIT MALA**NEtJ?R SNAU. NT OP emit seamonr paring as er IreMie a corp ler S4,ITaoramens ar haw teen mod ey the tfty bound or diet aniesi p Wheelies.(sellers pro for perm PAs II Nom a to,(2}ams A aeMTrre meat d Ito aaaarin ie a les as raquInel toy Seera 1rno4g)MB SMALL ROT SE at eats d tloem any Marred real tanks lass(a Orem AeyS ma)at apscId awesome*payment of which le rapt is a nest d V.M 0111A1 d Ws eels Byer ON roil MINI IMM tall,ono MASH a me err LiNQi(k19 dwMlp ane haat iii Med NW mato tyska ea err eurnarin pa1MrM rlermih and rte amen of Wadi is rRe otkenrige patina, ea AtDQTTAIR#sayer IaleainM ds orad epee the Ten Por hmo rtiswnerd b wrepea n reveOgrnoe by near In wdA+g.Peens e.ret Ileore IN a rasporaWe(or any eellpgdons re wa.Tees mads In 1*Purchase A omen%swept Ms agents as Isola a Isom cr baccarat v.*Ow awned nary The UWP PY or ad papas rd monks rte(De meds a Ins Mfg tamers ORM a2.ftlIPICTION3 Eluent Iles Mee Apes 10*pm smorany Leer a d0s4rg OS aEIiML WN9IANT101 MUIR MANUMITS MAT T1IE ANY ARE ENTIRELY WITHIN TIM EOLIN AR UNE8 OF THE 114 PROPANE MAAR VAPIRANTS THIS T11111*IS A IlleRI NT1RS MALL OUIMIVE T1 N DOJV!AT Or THE DIED OR CONTRACT FOR OEEDOF 10 WM PROPOITY R 1 A PUMA MINT 4F MAS T1Ri113 is gaup WE RAN1a THAT mon TO HIE CLOSING DR E PINME T N PIAL 1AIAL NAW 01,4 MACE FOR ALL LAp�, O MA0(t(ENE FUTURES OR TOOLS WITTMI THE 1211 011$IMMSDI1TILY PROMOS* T C.CEMQ QAT< OE CONNOCTION WTT11 N$T iCfON,AC UAflON QR PIM*QP ANY STRUCTURE ON OR IM ITOVEarEa1T 10 THE PROPERTY. pE SILLSRR���W�ARRANT8 THAT SSLL PIAS NOT Ig VIED ANY NONCE FRAY ANY OOYERNME7�1TAL AUY1i0(ITTY AS TO VIOLATION 101.A 11 .L l*HASH V$DOnonaninal OR� ANY NOTIOS FROM ANY PF.RSONPROPERrf M On WT OPTM COMOPITIL ANY In NOT1aF8 RRpEIVED SY WILLI*WILL SE PROVIDED TO OUTER IMM61if1ATELY, Via ONE OF LOS*1 Oise Y ab loss or denim im b be Pupae Omen Ins Ma f+46rdf oral �t�+hw+e dte d b{by nonan n+dudeg 11A evelaasm, iO amid.eaArgrral.R ad d Orel,TIM Mk r los d.N NW%OptV.an am a 1:141:har1 C�9yia�r,ewer ski so oberabble*tab5s em 103,o 02 swan PURIM*t lR Assobet Rol rifting rsal and mid.a - • a 1. ARrf1AC1ON STSTEM: AWARE,OOH ANY CLAIM •'- • •• EEL. MMAMA,BN RE,OR ANY OF 1HEas : : •• CP OR Pampa =10 THE P1TWICAL C• . - • 115 Wiwi BY um --• r MO WITHOUT 112 uroTAf1ON CLAIMS OF FRAUO. : -; • - • • WARRANTY AN• . • - . ' ,SMALL se - DY ARBITRATION 1111.IN A IOCROAPICE op EN 24 - • . ARNTRAIION AI OCTATION AND THE 1i . ASSoCIATION t •,•'r r.i . PARSIMONY it�TWSEN 1141 FORTIES AND MIMES TO J - - MQf -. . .TY OF TTA HA. $E A R D TO na. =Fun A L • 1S ONLY - -•RC IABLJJ IP ALL PASTIME • • 111 • .• mama pt.MIMS as tmv ::J • • try oem.a71 M lea Y maAebete or M ammo o se pvrlprr4 assn,and Buys Mauls In any d Sr.sersivirris Ire&War rimy 4arnamo 1*arm AradoNe Aga wiweae penman sleds here rears terry to MOM torr std ,s we imerad a biers may mow 11* i s dg1rMtl0 i--- praldsd lis ArmedrLind*rarebit aao wow in�dp�&a meth 4 Ata%cer rod 5* so d dian1Is commas/id mrDd 1A rMIM ptorltied,s b apolb psrbmlfg W'r radian 4 oartTar4 WI."Mb pit manta ilei soon d*San arose& 1111.ME OP MEIN*Tone k of tale mend h ter Purchase PglWWI 19$OMNI ACIREEMENR 1}b pu chaos emle t.any mom nwhbb and wry oldende or arnandnrlM'Med Cl SO wigs, Buret�Printaa woe i1*Popes a coo Cl �%Ong*Id IN Ss*enc, a ae1 e�preanens boom sear 101 POS817aBIOH:Satan snag dallier pmeee on d Ms departs nal Mar Iran Dur y of 1oMg. w . 1y�. Selo aeras b moo ALL 20.DE$RCI3�ALLL P N p84r.lAL?H EOF an tit INCLUDED HEREIN non+the atio+M Cl pasesece dee. t 11 AfJM9 Lilies ..- 971 TINA di,ilii ,114.1140.1110111CearglITTISITINIAGENLja SOONER STIPULATES NE OR SHE IS 1N,} 44} ' 1H19 TRANINLTION. OUTER A SELLER IN1TIALr Sro a; MI,the gem d Ms moms Inn Imam*and I some 10 purchase the pommy fir Ins 4f1Oa and on Chs 131.a rAs a VP fAt a us ls teerA Manna I y from lams aid cs+,dl Ions sal INN Mom 1/Ataie6.44s6;; iawt4//143504 r r'TO ""7' 13L S Vat)1 t)I_ PR=t3 3.04 NA R -t- , � �.g,„,6 3-r Ise *rime ,110 �j( OW •- tawvLl�.*d• .P -noN MAR IIT,l om 101 Ma am col 1INAL At€NfANGE $$U.I 0 AGENT 111. THIS IS A LedALLY BIIMDIMO ColITRaer DETWISN SUTEpa ANO MO.I.ERO. 140.las.t.,4 i1 d You mom LUOAL On True Aw10E,CONSULT IN APPROPRIATE PROFESSIONAL. JUL-08-'98 WED 14:18 ID:STUART E GALE ATTYS FAX NO:612-888-9238 #563 PO4 JUL- 8-98 WFD 11:45 AM RANCE, IVERSON FAX NO,. 612 571 7734 P. 4 ADDENDUM TO PURCHASE AGREEMENT Addendum to Purchase Agreement between the parties dated pertaining to the purchase and sale of property deter#bed as follovel The Rost 10 feet of the West 235 feet of Lot 75, RNOLLWOOD PARK • This Purchase Agreement is contingent upon the following, 1. Buyers obtaining from the City of Mounds View approval of their application for a Minor Subdivision. 2. Approval by the County of Ramsey including but not limited to acceptance for recording of the Warranty Deed from Seller to Buyers, acceptance of the Minor Subdivision and any and all documents that may be necessary for Buyers to divide their property at 3025 County Road H in to two iota. 3. Payment of the purchase price set forth on page I shall be required only upon the successful sale and closing of the lot identified as Parcel A on the Sketch Plan prepared by � RobertyB. Sikich of Pioneer Engineering attached hereto as EXIMibit A. 4. Seiler conveying to Buyers clear and unemaunbered title to the property free of any liens, mortgages, claims of an interest or title by others, encumbrances or other matters that adversely affect the marketability of the title to the property to be transferred. S. Seiler agrees to cooperate fully with Buyers to obtain the Minor Subdivision necessary to divide Buyers property in to two lots including out not limited to execution of documents that may be required by the City of Mounds View and County of Ramsey. Seller agrees that he will Obtain and record all documents that may be required in order to convey marketable title to Buyers. Seller shall receive at the closing of the sale of Parcel A the Nine Thousand and no/100 ($9,000.00) Dollars the parties have agree upon am the purchase price provided all of the contingencies have been eetistied, removed or waived in writing by the parties. Seller shall execute kq,nd deliver to the closing along with the Warranty Deed a Seller's Af'fiel vit, Certificate of Real Estate Value and any other documents as may be necessary to close this transaction. seller further agrees to surrender his Owners Duplicate Certificate of Title at the closing. All provisions of this Purchase Agreement including without limitation all representations, covenants and agreements shall survive the closing of this sale and conveyance of the property. ‘5&Z. .4111,„4,,;(:2kAait.)..1 Av_ihjf, Steven'bouglas Borden Date Duane R. P arson Date a b -. -pf envy etersen Date JUL-08-'98 WED 14:18 ID:STUART E GALE RTTYS FAX NO:612-888-9238 #563 P05 JUL- 8-98 WED 11 :45 AMg , HANCE. 111216011 FAX NO, 612 571 7734 P. 5 Jut.. WED 09:67 tDtSTU0RY Y GALE RTTYS FAX NO1612- -9238 wdl6l16lm T. Ore 3 30 MPS • • L no;wievolfred 00.•p*Prada. wr Wu ear Ii 1?____.4.11y Aoopia b 3,gum=ma pdsboupaipa lh Eaat 1A.met o[ Lka mai ay¢tn •a4t r , xn011sooe PM. staa.y Comity, Riflieso/w • head,,n w++s owl NON r+nr■.4rrisib•,ew+ . . . • . q Line ah d a• ., , L ±! anr) seal] aet exes•d fs,a i Lit* 4 WW1 r.a a rot •vas • - . ow I property la ih.lb* de,igit.3JOe your floo4 plea area, 5th. Ya rail ras o r • , . 1t ri 1 . y .. . s. . . • t3, Ua Y, . It Oben _a aaaedadla te�li�aa _ 11 s. t , • . , . • 1>e —err ego Ti or -a- of , • vi • . . st su .re a-r.s e t a oN •_ t. - •1• vi • 0.00 e • • 1b ?Na ecus ao.ta neutral teaa ahtr ea]e *UCN ar AILLtn��, ems+ **..i.tared Property Abatr.ot, fend to raeord deouaaent., state dafd tax, 11, v$tien feel, ■ *cis] Ts ana11 No -&i b Nu era. -� � ir,•° Par. 3 of the Addendum shall be amended as follows : Pay of the purchase price set forth on Page 1 ,shall be required only upon the successful sale and - `°" " closing of either of the lots identified as ParoeIs fi as•A and B on the Sketch Plan prepared b}�$obert sikieh ix of Pioneer Engineering attached hereto as Exhibit it. II I anw Imb end oardlYw d ora bulate s ..■NOW a acme • • tpT'.oid }Pa414`6M"yi' ir lard boo r,. loot -lw 3t m445.4 Pos u •t MOM f"kisi'I some.. s Mat I A Mniwe . s• .L m • JUL-08-'9S WED 14: 19 ID:STUART E GALE ATTYS FAX NO:612-888-9238 14563 POE JUL- 8-98 UD 11:48 AY RANCE. 1YBRSON ?AY NO, 612 571 7734 P. 6 4 *; N.1OUI N.A.rteM 1}3130 ' PIONId1 IMO WirorMill•OM.moan {612) 98I-10t4 FAYz18t- 48 *0 ** (612) 783-lieu FAX:7e3-181}3 f 1 ,'ketch Plan —4r- PwQcEL, • S LoT 7s, KNOGLw000 PAW A 0 Poit y ear cry heti etok .. Cacti adetE PEr5RSQN_ r ,A rocas I f r:o-rrors, •` .1- J 1 e ;j.:i' ..n4t. n ' •'''.t. 3 i $c *: � 414 a ; � a � P ` -- 'NPARca 1.3 e�witr 1'1s'cage/e '4c/76,Xeouwoo° I A,RX a//ailed fed e, ,yeord N/Iv # ) .i,^ I 8 ; c ry RccwS ,Pamsey(ir,.:/yi1 s r,/q. r0o:a 0 { 1 Ceneeireny ,r,lei'P9.".. I PAM EC i (Prrede 8(4 beNtiard) �! .f par ,�f0,00 nj Me kka/215:0410.041C) ., i i,clod fel d'ik. teed �j KNutwwo/Awe w frirefed aro d'nesid nr ow e� ' ' ¶ Ilse C.w,y R Roma*Lltm/l Mm,a• Nf I; Can1SsIl, ? ooi cf.', F /Nrcec C The rad/o,00 pe/o f Me Wtt/2% A Moo A 41' Oat 1t Kmactweop ow 4#1.10/01ami errstearu/ in the gree 1}y'Mr Cdvo(y Ret s/de,Awe" • JI. PARCEL I 009, MIgtsor(I, Y. 0 g now.," loco /top ' La/is,04971 al Worr 115".004101001 75, /lNauwooa PARK orlsbl4 '$'I'rr48,41M *ries of came/RfflPleff, Ro,ncey Cowry,Mrer,tro/a. t Beariafr fMwn 4,1} a'ivmed I htre6y ear/i r Ilia/ 4i, wv�r pr yd by me end 4 s f I a p a(uy e 'i,1eeed 10 cormyer under Ale kw, q"%/fit ChM 1i ievso/v, Qdsd MJir o,.^ 4,2r 8 . !1 tJ� aa how 8.Paco 44. Lk.eds. rim • $XIiTRTT A RESOLUTION NO. 5247 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MINOR SUBDIVISION OF 3025 COUNTY ROAD H FOR DUANE AND NANCY PETERSON, MOUNDS VIEW PLANNING CASE NO. 527-98 WHEREAS, Duane and Nancy Peterson have requested approval for a minor subdivision dividing their property located at 3025 County Road H, property zoned R-1, Single Family Residential, legally described as follows: The West 225.0 Feet of Lot 75, Knollwood Park, Ramsey County WHEREAS, the applicants have entered into an agreement with the neighboring property owner to the east to purchase an additional 10.0 feet of land so as to make subdivided Parcel B a conforming lot with regard to the minimum lot size of 11,000 square feet; and, WHEREAS, the two lots created by this minor subdivision, Parcel A(the western half) and Parcel B (the eastern half with the existing home)would be legally described as follows: Parcel A: The West 125.0 Feet of Lot 75, Knollwood Park, Ramsey County Parcel B: The East 110 Feet of the West 235.0 Feet of Lot 75, Knollwood Park, Ramsey County WHEREAS, the Mounds View City Council has reviewed the applicant's request for a minor subdivision and has determined that it is in conformance with Chapters 1104, 1201, and 1202 of the Municipal Code; and WHEREAS, the applicant has submitted a Certificate and Plat of Survey for the above described property; and, WHEREAS, all subdivisions of land are subject to park dedication requirements as indicated in Section 1204.02 of the Municipal Code; and, WHEREAS, the Mounds View Planning Commission has recommended approval of this minor subdivision in Resolution No. 549-98. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the minor subdivision request made by Duane and Nancy Peterson, of 3025 County Road H, contingent upon the following: 3025 County Road H Minor Subdivision Resolution No. 549-98 June 17, 1998 Page 2 1. The applicant shall make payment of a park dedication fee to the City according to the requirements of Section 1204.02 of the Municipal Code, in the amount of$825 as calculated using Ramsey County property tax data. 2. The applicant shall make arrangements to pay the outstanding utility bill for the property at 3025 County Road H. 3. The applicant shall record the City Council resolution of approval, the Certificate of Survey and the drainage and utility easement documents with Ramsey County within sixty(60) days of final adoption, and present proof of such recording to the City of Mounds View, or this approval shall be null and void. Approved this 13th day of July, 1998 Roger Koopmeiners, Acting Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) N:\DATA\GROUPS\COMDEV\DEVCASES\527-98\5247CC.RES 75- RESOLUTION NO. 5252 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE CLERK ADMINISTRATOR TO PREPARE REQUESTS FOR PROPOSALS FOR MANAGEMENT SERVICES AT THE MOUNDS VIEW COMMUNITY CENTER WHEREAS,the City of Mounds View has acted to construct a new community center scheduled for opening in January of 1999 for the benefit of its residents; and WHEREAS,management of the facility will be important to the assurance of its success in benefitting its residents; and WHEREAS, Council discussions have determined that seeking proposals for the facility's management would assist in evaluating the best management options; THEREFORE BE IT NOW RESOLVED that the Mounds View City Council hereby authorizing the Clerk Administrator to prepare requests for proposals for management of the community center, and that a process for evaluating the proposals be established with the Clerk Administrator, a representative from the City Council and a representative from the Park and Recreation Comission acting as an evaluating and negotiating committee for the review of the proposals; AND BE IT FURTHER RESOLVED that this committee report to the City Council no later than October 5, 1998 at the City Council work session on its evaluation and negotiation of terms of an agreement for further direction and action by the City Council. Adopted this 13th day of July, 1998. Roger Koopmeiners, Acting Mayor Attest: Charles S. Whiting, Clerk Administrator Item No. gift Staff Report No. Meeting Date: 7/13/98 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Vacancy on the Planning Commission Date of Report: July 9, 1998 BACKGROUND: At the July 6, 1998 work session staff discussed the vacancies which exist on the Planning Commission and the Economic Development Commission. There is one vacancy on the Planning Commission. As previously indicated, staff advertised the vacancy in the newspaper and on the city's web site. Staff has received one additional application since the work session. Dana Mendoza listed the Planning Commission as his only choice, and Sean Walther listed the Planning Commission as his first choice with the EDC being his second choice. Wendy Marty, Greg Johnson, and Richard Oman listed the Economic Development Commission as their first choice with the Planning Commission being their second choice. Copies of their applications are attached. The City code indicates that appointments to the Planning Commission are to be made by the Mayor and approved by the City Council. REQUESTED ACTION It is recommended that the City Council discuss the applicants and determine the process to follow to fill the vacancies. A copy of the form of a resolution which can be used to make the appointment is attached for your use. Rick Jopke, Co munity Development Director N:\DATA\USERS\RICKJO\SHARE\071398.RPT 401.01 401.02 CHAPTER 401 PLANNING AND ZONING COMMISSION SECTION: 401.01: Commission Established 401.02: Membership; Terms; Oath; Compensation 401.03: Removal from Office; Vacancies 401.04: Powers and Duties 401.05: Conflict of Interest 401.06: Organization; Meetings 401.07: Employment of Experts; Expenditures 401.08: Annual Report 401.09: Comprehensive Plan Adopted 401.10: Review of Proposed Plats 401.11: Zoning 401.12: Availability of City Records 401.01: COMMISSION ESTABLISHED: A Planning and Zoning Commission for Mounds View is hereby established. (Ord. 536, 4-25-94) 401.02: MEMBERSHIP; TERMS; OATH; COMPENSATION: Subd. 1. Membership; Terms: a. Appointed Members: The Planning and Zoning Commission shall consist of not less than seven (7) nor more than nine (9) members from the resident population of Mounds View, other than persons elected to a public body, to be appointed by the Mayor with approval of the City Council, from applications submitted. The appointees shall have three (3) year staggered terms; at least two (2) of these terms, but not more than three (3) terms, shall expire each year on December 31. Based upon the recommendation of the Planning and Zoning Commission, the Mayor, with approval of the City Council, shall appoint a chairperson. b. Designated Members: In addition to the appointed membership, two (2) nonvoting members shall be designated by the City Council to serve as liaison to the Planning and Zoning Commission. The term of the appointments shall ordinarily be for one year; except, that they will terminate with the office from which the nonvoting appointment is derived. City of Mounds View APPLICATION FOR ADVISORY GROUPS Group Applied For: Planning Committee Second Choice (if any); Full Name (print or type): Dana R . Mandoza Address: 2633 Clearview Avenue Years at This Address: Years You Have Lived in Mounds View: 6-years Telephone: Home: Work or Cater. 612-784-8942 612-628-5514 QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER Skills and Interests: Softball , Fishing , Gardening, and raising my children Employment, Occupation or Other Experience: Approx . 10 years in real estate & 6 years supervision Memberships, Accomplishments or Other Cualifc ations: Various awards in both R .E. & mgmt. 4 year degree from the U of M. Please State your Reasons Far Wanting To Serve On This Committee: I believe that with my experience ,Minh real estate & mgmt . I 'would be an asset on the committee .& for the city . Your response to aryy of the above m- '•a continued on the back andyou attach any other gntenals whi • .. may _ the C -, oil to consider. Signature Date : G' "11 The City of Mounds View is committed to the police that all access to its programs, facilitiesand employmentpersons shall have equal without regard to race, teed, c:fcr, sex, age, national origin, or handicap Mi^eZt=r 612 427 5543 P.01i01 APPLICATION FOR ADVISORY GROUPS Group Applied For: Planning Commission Second Choice: Economic Development Commission Full Name: Sean Jason Walther Address: 5445 Jackson Drive,Apt.320 (I am moving on July 27 to: 2425 Ridge Lane) Years at This Address: 8 mo. Years You Have Lived in Mounds View: 8 mo. Telephone: Home: 612/785-1501 Work or Other: 612/427-1410 QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER Skills and Interests: I have a BA in Local&Urban Affairs from St Cloud State University. I have education,training and experience with Comprehensive Planning and Economic Development I have the ability to analyze all sides of an issue, relate the issue to the City regulations, and make fair and impartial decisions in the best interest of the City. Employment, Occupation or Other Experience: City of Ramsey, Community Development Assistant(1/98-present). City of Anoka, Community Development Aide(6/97- 1/98). MN Office of Environmental Assistance Sustainable Communities Team(12/96-6/97). Central MN Initiative Fund, Community Initiatives Intern(9/96-12/96). 1 Memberships, Accomplishments or Other Qualifications: Spring Lake Park Junior Chamber of Commerce(1991-present). American Planning Association(1996-present). Minnesota Planning Association(1996-present). Sensible Land Use Coalition(1997-present). Land Stewardship Project 1000 Friends of Minnesota.(1997). Please State your Reasons for Wanting To Serve On This Committee: I have been living in Mounds View a short time,but my wife and I enjoy living here very much and purchased a home in Mounds View last month. I wish to be more involved in the community, to offer service in my area of interest and skills,to learn more about the issues Mounds View faces, and to do what I can to help the City address those issues. I also would like the opportunity to learn more about my profession from the view point of decision and policy makers. (I assure the City Council and Staff that I am not volunteering for this advisory position because of the current movie theater development which is near the my fixture house.) SignatureDate: A/f1 ,"� The City of Mounds View is committed to the police that all persons shall have equal access to its programs, facilities, and employment without regard to race, creed, color, sex, age, national origin, or handicap. APPLICATION FOR ADVISORY GROUPS • Group Applied Far. Econorn;c, a ,e1) 2lO.pgvo- e_Dmfy.izan Second Choice (if any): ��6.tY1 Y1.1 Ylc� co YY1r`f1 j�s i ZSr1 Full Name (print or type): '_• : 2_t.aA YY1.Q.r-t Address: '-i : Years at This Address: Years You Have Lived in Mounds View: 71a 1/ Telephone: P Home: Work or Other: :► -S$77. lag .s QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER Skills and Interests: S lfQ" Employment, Occupation or Other Experience: Memberships, Accomplishments or Other Qualifications: Please State your Reasons For Wanting To Serve On This Committee: • Your response to any of the above may be continued on the back andou attach any other materials which you want the Council to consider. y may Signature\_ A 4..4, 1/1/1.0, Date `�/,C-�lC ' 4 The City of Mounds Viewcommitted ro to the police that all persons shall have equal access to its programs, facilities, and employment without regard to race, creed, rotor, sex, age, national origin, or handier. QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER SKILLS AND INTERESTS : I HAVE STRONG ORGANIZATIONAL AND MANAGERIAL SKILLS. TYPING OF OVER 90 WPM. I LOVE TO TRAVEL,BOTH DOMESTIC AND WORLD WIDE.I ENJOY GARDENING AND SPENDING TIME WITH MY HUSBAND, 9 YEAR OLD STEPDAUGHTER,AND 18 MONTH OLD SON. EMPLOYMENT, OCCUPATION OR OTHER EXPERIENCE : I AM CURRENTLY ONE OF FOUR FAMILY MEMBERS WHO OWN BOKER'S INC. A PRECISION METAL STAMPING COMPANY IN SOUTH MINNEAPOLIS. I HAVE BEEN SEMI INVOLVED SINCE 1977,AND VERY ACTIVELY INVOLVED SINCE 1995. I CURRENTLY AM NAFTA AND EXPORT COORDINATOR,AND ASSISTANT TO TEE OFFICE MANAGER. FROM SEPTEMBER 1978 THRU JANUARY 1997 I WORKED IN OPERATIONS FOR AIRBORNE EXPRESS, 12 YEARS AS LEAD IN THE EXPORT DEPARTMENT. I INITIATED LOCAL NEGOTIATION OF AIRLINE CONTRACTS AND RATES,SAVING THE COMPANY OVER.S 100,000.00 PER.YEAR. I HANDLED INSIDE SALES AND HAVE TRAVELED OVERSEAS MANY TIMES FOR THIS JOB. I DEALT WITH CUSTOMERS,SALES PERSONS, AIRLINE SALES AND OPERATIONS STAFF BOTH LOCALLY,NATIONALLY AND WORLDWIDE. I AM STILL EMPLOYED AT AIRBORNE EXPRESS BUT ONLY ON AN ON CALL AVAILABILITY BASIS. MEMBERSHIPS, ACCOMPLISHMENT'S, OR OTHER QUALIFICATIONS : MOUNDS VIEW COMMUNITY POLICING COMMITTEE JULY 1996 TO PRESENT. ESL(ENGLISH AS A SECOND LANGUAGE)TUTOR 1990-1993,'MU COMMUNITY EDUCATION AT THE RALPH R.READER CENTER AND ON MY OWN. MSP AIRPORT TRAVELERS ASSISTANCE VOLUNTEER 1987 TO PRESENT. 1 YEAR AT SEATTLE PACIFIC COLLEGE,SEATTLE, WASHINGTON 1 54 YEARS AT TEE UNIVERSITY OF MINNESOTA CURRENTLY WORKING ON FINISHING MY DEGREE. I WAS RAISED IN ST.ANTHONY VILLAGE AND HAVE LIVED NUMEROUS PLACES IN TIM BACKMINNEAPOLIS ��SAME AREA OF TOWN,THAT HOME I WANTED TO MOVE MOUNDS VIEW. T OF TEE REASON I CHOSE PLEASE STATE YOUR REASONS FOR WANTING TO SERVE ON THIS COMMITTEE : I FEEL VERY STRONGLY ABOUT PRESERVING TEE WETLAND AND WOODLAND AREAS IN MOUNDS VIEW. I BELIEVE THE CITY NEEDS TO PURSUE THE TYPES OF BUSINESS THEY WANT IN MOUNDS VIEW,AND I HAVE SEVERAL DIFFERENT TYPES OF BUSIlNLSSES IN MIND. I ALSO THINK SOMETHING HING NEEDS TO BE DONE TO BEAUTIFY THE HIGHWAY 10 CORRIDOR.AND HAVE THIS. I PLAN ON 3TAYIIVG IN MOUNDS VIEW IND SEVERAL IDEAS REGARDING HAVE AN ACTIVE ROLE IN THE GOVERNMENT. EFIl�IEIEI.Y AND WOULD LIKE TO THANK YOtJ FOR YOUR CONSIDERATION OF MY APPLICATION. APPLICATION FOR ADVISORY GROUPS Group Applied For: Second Choice (if any): / 1 iJu:vc 7 ..� Full Name (print ore): (-7 CC y / ,✓ Address: Years at This Address: Years You Have Lived in Mounds View: Telephone: Home: -7,e, -7717 Work or Other. QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER Skills and Interests; ,e:cs,� Employment, Occupation or Other Experience: c./e ,",y,0/y. /'+�wt/i"= �'-jam- Memberships, Accomplishments or Other Qualifications: `''7✓N*9� - /I'Zd 4-wi — J^' '' v -� �L Please State your Reasons For Wanting To Serve On This Committee: e� ,- /4 G � ��, �- ..,.� (/��.✓ Your response to any of the above may be continued on the back and you may attach any other materials which you want the Council to consider. S gnature 4�rfi.1,• G U – A.__ — Date // NW The City of Mounds View comm' - Irthe police that all persons shall have equal access to its programs, facilities, and employment without regard to race, creed, color, sex, age, national origin, or handicap. APPUCATION FOR ADVISORY GROUPS Group Applied For: r. D . 0- Second Choice (if any): P1flNr , Nc Full Name (print or type): C h Peed D. OMAN Address: 81. 0 & 2d A N d Rd. Years at This Address: Years You Have Lived in Mounds View: Q l Telephone: Home: 756_ ‘e 79 Work or Other: 307 - 653-6 Cp. ) QUALIFICATIONS YOU WANT TO HAVE THE COUNCIL CONSIDER Skills and Interests: eas//vcss v wveil / ,�vi[ a�R gOmC-'OGv NFA Employment, Occupation or Other Experience: RDd ed,v5TRdc7/-ON £ 7, O tvNC2 0 Rema ll/a3 C'a mpAivy, emberships, A compiishments or Other Qualifications: W/c+� !'RFA 0 /navvds c v� w Cho,Ptxc COmm,Ssiiw e-AtetAl XNp way /A) gvss,,vess/ 00,vsAve-//e v, LAR1o/SeAA/.uS/ ,vamee r D 7$6A -to/' S, Please State your Reasons For Wanting To Serve On This Committee: , - /J/?;46S r iN T7S E rnn,R aem ee- o/ d v e .r,vF e 71,4 Your response to any of the above may be continued on the back and you may attach any other materials which you want the Council to consider. Signature 'felt /7rrQ4-\ Date 7-1.-9? The City of Mounds View is committed to the police that all persons shall have equal access to its programs, facilities, and employment without regard to race, creed, color, sex, age, national origin, or handicap. RESOLUTION NO. -98 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION TO FILL A VACANCY ON THE PLANNING COMMISSION WHEREAS,the Planning Commission acts as an advisory commission to the City Council on land use and other matters in accordance with state statutes; and WHEREAS,the City Code indicates that the Planning Commission shall consist of not less than seven members; and WHEREAS, Marshall Johnston has resigned from the Planning Commission prior to the expiration of his term on December 31, 1999; and WHEREAS,the City Code states that the Mayor shall appoint members to the Planning Commission with approval of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View hereby Appoints to the Planning Commission. The term of the appointment shall expire on December 31, 1999. Adopted this day of , 1998. Duane McCarty, Mayor Attest: Charles S. Whiting, City Clerk-Administrator N:\DATA\GROUPS\COMDEV\PLANCOMM\PCVAC.RES 73- RESOLUTION NO. 5255 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION TO WORK WITH THE CITY OF SPRING LAKE PARK TO ADD LIONS NAME TO LAKESIDE PARK WHEREAS,the cities of Mounds View and Spring Lake Park share in managing Lakeside Park for the benefit of both communities' residents'; and WHEREAS,the City of Spring Lake Park has recognized the efforts of the Spring Lake Park Lions Club in their donations of time, energy and funds to the betterment of Lakeside Park for all park users and their enjoyment; and WHEREAS,the City of Spring Lake Park wishes to honor those efforts of the Spring Lake Park Lions Club which came during a time of significant reductions in state aids to cities by adding the name"Lions"to the name of Lakeside Park; and WHEREAS,the City of Mounds View also recognizes the contributions made to Lakeside Park, appreciates the benefits from the efforts of its own Mounds View Lions Club in many projects in the community, and thereby agrees recognition is appropriate to such groups for their efforts and contributions; and WHEREAS,the cooperative spirit of the two cities and its contributing community groups would be duly recognized in the addition of"Lions"to the name of Lakeside Park; HEREBY DULY RESOLVE to support the renaming of Lakeside Park to "Lakeside Lions Park" in recognition of the contributions made to that park and in continuation of the spirit of support between these two communities in overseeing this great amenity shared between them. Adopted this 13th day of July, 1998. Roger Koopmeiners,Acting Mayor Attest: (Seal): Charles S. Whiting, Clerk-Administrator Item No. r7K-' Staff Report No. Meeting Date: July 13, 1998 Type of Business: CB WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consider Approving Bid for Project 98-2 Sealcoating Date of Report: July 13, 1998 Staff opened bids on July 13, 1998 for this year's sealcoating project. Two bids were received. ASTECH CORP. $91,883.00 ALLIED BLACKTOP CO. $74,500.00 Staff is recommending acceptance of Allied Blacktop's bid of$74,500.00 and approval for the • Director of Public Works to sign all change orders up to twenty per cent(20%) of the total bid. Michael Ulrich, Director of Public Works RECOMMENDATION: Council approve the 98-2 Sealcoating project to Allied Blacktop for a bid of$74,500.00 and authorize the Director of Public Works to sign all change orders up to twenty per cent(20%) of the approved bid to be funded from the Pavement Management Program, account no. 100-4470-705. Item No. 71‹.._ Staff Report No. Meeting Date: July 13, 1998 Type of Business: C.B. WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of One Ton Truck Award Date of Report: July 13, 1998 Staff received and opened three bids for a one ton truck and box on July 10, 1998. The results of the opening is as follows: Boyer Ford $39,659.00 Lakeland $37,100.00 Superior Ford $36,292.00 Staff is recommending the award to the low bidder in Superior Ford for$36,292.00. This purchase was budgeted for in the Streets Division Budget(Snow, Pavement, Signs) Y&' Michael Ulrich, Director of Public Works RECOMMENDATION: Council award the purchase of a one ton truck and box to Superior Ford for the sum of$36,292.00.