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HomeMy WebLinkAbout1983 03-14 CCP Regular Session p CITY COUNCIL AGENDA CITY OF BROOKLfN CENTER MARCH 14, 1983 (Following Adjournment of the Housing & Redevelopment Authority Meeting) 1. Call to Order 2. Roll Call 3. Open Forum 4. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine b the City y Council and will be enacted by one motion. There will be no separate discussion of these items unless a council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *5. Approval of Minutes - February 28, 1983 6. Mayor's Proclamation for Masami Iida, Brooklyn Center's Rotary Club Foreign Exchange Student 7. Presentation of Award to City Council from Minnesota National Water Ski Team 8. Public Hearing Regarding the Designation of a Housing Development Project Pursuant to Minnesota Statutes, Section 462.411 Et. Seq., the Municipal Housing & Redevelopment Act and the Establishment of Tax Increment Financing { District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive, t' the Tax Increment Financing Act. (7:15 p.m.) # t -The Brooklyn Center City Council convened the public hearing at the February_ 28, 1983 City Council meeting and continued the public hearing to this evening. a. Resolution Designating the Brooklyn Center Housing Development Project Pursuant to the Provisions of Minnesota Statutes, Section 462.411 Et. Seq., and Approval of the Brooklyn Center Housing & Redevelopment Authority Housing Development Plan b. Resolution Establishing a Tax Increment Financing Housing District Pursuant to Minnesota Statutes, Section 273.71 to 273.78 Inclusive and Adopting a Finance Plan for Said Tax increment Financing District. The Brooklyn Center Planning Commission recommended approval of the Tax Increment Financing Plan at its March 3, 1983 meeting. C. Resolution Requesting the County Auditor to Certify the Original Assessed Value of the Real Property within the Boundary of the Brooklyn Center Housing & Redevelopment Authority Tax Increment Financing Housing District. CITY COUNCIL AGENDA -2 March 14, 1983 9. Planning Commission Items (7:30 p.m.): a. Planning Commission Application No. 83003 submitted by City of Brooklyn Center to rezone from R3 to R6, 7.15 acres of land at the southeast quadrant of 1 -94 and Highway 100. This application was tabled at the Commission's January 27, 1983 meeting and referred to the Southeast Neighborhood Advisory Group for review and comment. The Planning Commission recommended an amendment to the Comprehensive Plan through Planning Commission Resolution No. 83--1 and approval of the rezoning through Planning Commission Resolution No. 83 -2 at its March 3, 1983 meeting. 1. Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan) Relative to R3 Zoned Land at the Southeast Ouadrant of I -94 and T.H. 100 2. Resolution Regarding the Disposition of Planning Commission Application No. 83003 Submitted by the City of Brooklyn Center b. Planning Commission Application No. 83004 submitted by Blumentals Architecture for site and building plan approval for a three -part housing development, including 65 rental units, 73 condominiums, and 32 townhouses at the southeast quadrant of I -94 and Highway 100.- This application was tabled on January 27, 1983 and was recommended for approval at the March 3 1983 Planning Commission meeting. C. Planning Commission Application No. 83005 submitted by Brooklyn Center Housing and Redevelopment Authority for preliminary plat approval to sub- divide into three lots and dedicate right -of -way for North Lilac Drive from the land at the southeast quadrant of I -94 and Highway 100. This application was tabled on January 27, 1983 and was recommended for approval at the March 3, 1983 Planning Commission meeting. 10. An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as Being Within the R3 and R6 Zoning District -The property referred to in this ordinance is located in the elderly housing project area. 11. Resolutions: a. Receiving City Engineer's Report, Establishing Brookwood Development Improvement Projects No. 1983 -04 and 1983 -05, Approving Plans and Specifications and Ordering Advertisement for Bids (1983 -E) b. Approving Community Development Block Grant Advisory Group Recommendations for Year IX C. Amending Year VII Community Development Block Grant Program -This resolution would delete the senior center project from the year VII Community Development Block Grant Program.- . CITY COUNCIL AGENDA -3- March 14, 1983 d. Approving Portions of Classification List 663 -NC -This resolution approves the public sale of one parcel of tax for- . feited land an the private a second parcel d ate sale of el s c c P P e. Approving Preliminary Layout Plan for the Improvement of T.H. 252 from the Junction of I -694 to the North Corporate Limits f. Requesting MN /DOT to Incorporate Certain Design Features into the Construction Plans for the Improvement of T.H. 252 from the Junction of I -694 to the North Corporate Limits g. Regarding Disposition of Planning Commission Application No. 83001 (Howe, Inc.) h. Authorizing Execution of an Agreement with Howe, Inc. Regarding Acquisition and Use of Excess Highway Right of Way 12. Permit for Use of Explosives in Brooklyn Center by Layne Minnesota Company -This permit authorizes the use of explosives for well development for City well No. 9. 13. Ordinances: a. An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees -The ordinance is offered for a first reading this evening. b. An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violations: Providing for Administration and Enforcement and Periodic Review -The City has approve3the franchise agreement with Storer Cable (.Northern Cablevision) and this ordinance would incorporate the joint cable communications ordinance into the City ordinances. 14. Discussion Itemsc a. Tornado Preparedness Week - March 20 to March 26 b. Police Development TV Security System *15. Licenses 16. Adjournment CORRECTION RESOLUTION NO. 83 -28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS FOR PAYMENT OF LOCAL SHARE OF COSTS FOR PEDESTRIAN /BIKEWAY IMPROVEMENT PROJECT NO. 1980 -06 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Councilmember Hawes commented that he was seconding the motion because the project had already received federal funding approval. Upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION NO. 83 -29 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET AND THE 1983 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka questioned why the category of unallocated departmental expense in the resolution was increased by $3,030. The City Manager explained that the $3,030 is not an expenditure but will be added to the unallocated departmental expense budget which is controlled by the City Council, and that this was done so that the auditors could track the funds. The City Manager introduced a Resolution Authorizing Execution of Agreement for Professional Services with BRW, Inc., for Development of a Redevelopment Land Use Plan for the Southwest Neighborhood. Councilmember Scott commented that she was not pleased with the last study of this type conducted by a consultant and she suggested that the Council hold off on approving the second half of the project. Councilmember Scott introduced the following resolution with a motion to amend the resolution by approving only one -half of the proposed study and to eliminate the optional market study. RESOLUTION NO. 83 -30 Member Celia Scott introduced the following resolution and moved its adoption: ¥ AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH B.R.W. INC. FOR DEVELOPMENT OF A REDEVELOPMENT LAND USE PLAN FOR THE SOUTHWEST NEIGHBORHOOD The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. 2 -14 -83 _g_ d t r MINUTES OF THE PROCEEDINGS OF THE 11OUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COU14TY OF' HENNEPIN AND THE STATE O MINN ESOTA SPECIAL SESSION FEBRUARY 28, 1983 CITY BALL CALI., TO ORD _E_R The Brooklyn Center Housing & Redevelopment. Authority met in special session and was called to order by Chairman Dean Nyquist at 7:06 p.m. RO LL CULL Chairman Dean Nyquist, Commissioners Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were HRA Director Gerald Splinter, Director of Public Works Sy Knapp, Director of finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Sch.ieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Roffman and Tom Bubli.tz. I NVOCATION The invocation was offered by Rev. Merle Christiansen of the Brooklyn Center Free Church. APP OF MINUTES - FEBRUARY 14 1.9 There was a motion by Conunissioner Lhotka and seconded by Commissioner Scott to approve the minutes of tize E'ebruary 14, 1983 Housing & Redevel.opment Authority meeting as submitted. Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLI H REG ARDING THE DISPO OF PROPER BY THE B ROOKLYN CENTE H OUSIN _ _ &�iZEDEVELOPiNiEN A UTHO RITY - 1 A 'COFDANCE WITH MIN NESOTA STATUTES, SECTI 462.525 O T HE M UN ICI PAL F OUSI G & REDEVELO AUTH ACT, MINNESOTA STATU CHAP 462.411 _E lf. _ SEQ. The HRA Director recommended to the Authority that the public hearing be opened and carried over to the first meeting in March, at which time the contract with the developer should be available. Fie recommended that no action be taken this evening but that it be carried over to the first meeting in March at which time it can be taken as a total package. Administrative Assistant Hoffman reviewed the resolutions required for participation in the Housing Development Project and. Tax Increment Financing District. He noted that two resolutions would be required for the Housing Authority, one which would establish the boundaries of the district, and the second would approve the disposition of the property. He also noted the City Council would be required to act on three resolutions related to the project, one being, Council approval of the Housing Development Project and Housing Development Plan, the second would be the establishment of the Tax Increment Financing District and approval of the financing plan, and the third would be a request to the county to certify the assessed value of the district. 2 -28 -83 _l_. Councilmember Scott inquired whether the project was currently on schedule and how far along it was. Administrative Assistant Hoffman stated that he believed the project will be on schedule, and of the 14� acres in the. total project area, the City now has control of 12� acres. He added that the schedule will be somewhat tight but it is anticpated that the project can begin in May. The I Director explained that the condemnation proceedings threw the schedule off by about six months, since the title problems were not originally anticipated in the schedule. Allowing for this six month period, he explained the project is on schedule. Administrative Assistant I-Iol noted a correction in the rents indicated in the Tax Increment F'inancing Plan, and explained that the rents should he $350-$400 per month and not the $300-$360 as stated in the plan. Chairman Nyquist opened the meeting for the purpose of a public hearing regarding the disposition of property by the Brooklyn Center Housing & Redevelopment Authority in accordance with Minnesota Statutes, Section 462.525 of the Municipal Housing & Redevelopment Authority Act, Minnesota Statutes, Chapter 462.411 et. seq. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to continue the public hearing until March 14, 1983 at 7:00 p.m. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to continue the public hearing regarding the disposition of property by the Brooklyn Center Housing & Redevelopment Authority in accordance with Minnesota Statutes, Section 462.525 of the Municipal Housing & Redevelopment Authority Act, Minnesota Statutes, Chapter 462.411 et. seq., to March 14, 1983 at 7:00 p.m. Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 0 ADJOURNMENT There was a motion by Commissioner Lhotka and seconded by Commissioner Scott to adjourn the meeting. Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center Housing & Redevelopment Authority adjourned at 7:20 p.m. Mayor 2-28-83 -2- 3 IiltliJ "" S OF TIE PF,0CT'F;,D.TTTGS OF TKI CITY COUNCIL OFT] CITY OIL' T;F�Cx� JT 1 GF � `'F IN THE COUNTY OF 14 THE STATE OF PIINNESOTA REGULAR S:T'SSION -.�- ,1 28, 1 0 ,83 CITY HAIL CALL TO ORD1,72 The Brooklyn Center Cite Council met in regular session and was called to order by ,layor Dean r?yquist at 7:2.0 p.m. ROLL CALL Mayor Dean Nyquist, Gouncilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Tanager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul 11olmlund, Director of Planning &: Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Tim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. OPEI FORT74 Mayor llyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if anyone in the audience wished to address the Council. There being none, he continued with the regular agenda items. C01 ISE IT AGIT IDA Mayor Nyquist inquired tirhether any Council members wished any items removed from the Consent Agenda. The City Manager requested that item 7g be removed from the Council Agenda since the resolution will be reviewed by the Community Development Block Grant Advisory Committee at its next meeting. Councilmember Hawes requested that item rlo. 6 be removed from the Consent Agenda since he noted a, correction for the February 14, 1 0 ,83 minutes. He stated he would request that on page 8 of the February 14 minutes a comment he made regarding the fact that he seconded the mot ion for the approval of the Resolution Appropriating Funds for Payment of Local Share of Costs for the Pedestrian/Bikeway Improvement Project No. 1980 -06 because the project had already received federal funding approval. Councilmember Lhotka requested that item 7c be removed from the Consent Agenda. RPSOLUTI R SOLU TI - 7 110. 8 3-36 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLU2'ION APPROVILTG '_'LPutiTS A ?D SPECIFICATIONS FOR 63RD A= NORTH WATER MAIN IP'IPRO�'I '`T:1T' PRWEC`' NO. 10,LS 3 -02, ARID ORDERT_NG ADVERTIS=T FOR BIDS (CONTRACT 1983 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote bei� taken thereon, the following voted in favor thereof: Dearr Aiyquist, Gene Diotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LI S ES There wt is a motion by Councilmember Lhotka, and seconded by Councilmember Scott to approve the followinC, list of licen.�es: 2 -28 -83 -1- t AMUSEMENT DEVICE - OPERATOR'S LICENSE Plitt Theater 2501 County Road 10 Snyder Brothers Drug Brookdale Center AMUSEMENT DEVICE - VENDOR'S LICENSE Carousel International Corporation 19 Zinzer Court BULK VENDING LICENSE K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Theisen Vending 3804 Nicollet Ave. Brooks Superette 6804 Humboldt Ave. N. CIGARETTE LICENSE Miernik Vending 7258 Commerce Cir. E. Brookdale Towers 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle Pyramid Petroleum Corporation 2605 County Rd. 10 Wes' Standard Service 6044 Brooklyn Blvd. FOOD ESTABLISHMENT Chuck's Q. 1505 69th Ave. N. GAMBLING LICENSE - CLASS A Northport School PTA 5421 Brooklyn Blvd. GAMBLING LICENSE - CLASS B Knights of Columbus 7025 Halifax Ave. N. GASOLINE SERVICE STATION LICENSE Pyramid Petroleum Corporation 2605 County Rd. 10 Wes' Standard Service 6044 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE LICENSE A & J Enterprises 2367 University Ave. Bob Ryan Olds 6700 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Bermel Smaby 6500 Brooklyn Blvd. Books Plus 5717 Xerxes Ave. N. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Chrysler Ply. 6121 Brooklyn Blvd. City Garage 6844 Shingle Cr. Pkwy. 2 -28 -83 -2- • t NONPERISHABLE.' VENDING MACHINE LI coat. Darrels Dance Connection 6836 Humboldt Ave. N. Fisher Foods 6800 Shingle Cr. Pkwy. Garden City School 3501 65th Ave. N. Hoffman Engineering 6530 James Ave. N. Holiday Ina 1501 Freeway Blvd. Iten Chevrolet 6701 Brooklyn Blvd. K -Mart 5930 Earle Brown Dr. Ka.r -Win Auto 6846 Humboldt Ave. N. Maranatha Nursing Home 5401 69th Ave. N. Minnesota Fabrics 5712 Morgan Ave. N. Razor Court 5740 Brooklyn Blvd. St. Paul Book & Stationery 5810 Xerxes Ave. N. Silent Knight Security Systems 1700 Freeway Blvd. State Farm Office 6415 Brooklyn Blvd. Sunsuit Properties 6120 Earle Brown Dr. Willow Lane School 7030 Perry Ave. N. K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd:Ave. N. F & M Marquette National Bank 5825 Xerxes Ave. N. Interstate United 1091 Pierce Butler Rte. Ault Inc.. 1600 Freeway Blvd. State Farm 5930 Shingle Cr. Pkwy. Lynbrook Bowl 6357 N. Lilac Dr. Miernik Vending 7258 Commerce Circle Brockdale Towers 2810 County Rd. 10 Hiawatha Rubber 1600 67th Ave. N. Marc's Budgetel 6415 James Circle Precision, Inc. 3415 48th Ave. N. Red Owl Country Store 5425 Xerxes Ave. N. Red Owl Country Store 3600 63rd Ave. N. Royal Crown Beverage Co. P.O. Box 43466 Car -X Muffler Shope 6810 Brooklyn Blvd. Duke's Standard 6501 Humboldt Ave. Hi --Lo Manufacturing 6520 James Ave. Ideal Drug 6800 Humboldt Ave. N. Northport School 5421 Brooklyn Blvd. North Starodge 6800 Brooklyn Blvd. Warr_er Hardware 2105 57th Ave. N. Theisen Vending 3804 Nicollet Ave. Thrifty -Scot Motel 6445 James Circle Bill West 2000 57th Ave. N. Viking Pioneer Distributing Co. 5200 W. 74th St. LaBelle's 5925 Earle Brown Dr. i a PERISHABLE VENDING MACHINE LICENSE A & J Enterprises 2367 University Ave. t Bob Ryan Olds 6700 Brooklyn Blvd. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Hoffman Engineering 6530 James Ave. N. Interstate United Corporation 1091 Pierce Butler Rte. Ault Inc. 1600 Freeway Blvd. State Farm 5930 Shingle Cr. Pkwy. t 2 -28 -83 -3- X PERISHABLE VENDING LICENSE cont. P n . Miernik Vending 7258 Commerce Circle Brookdale Towers 2810 County Rd. 10 Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle Norcroftt, Inc. Rte. 1, Box 992 Brooklyn Center High School 6500 Humboldt Ave. N. Red Owl County Store 5425 Xerxes Ave. N. Viking Pioneer Distributing Co. 5200 W. 74th St. LaBelles 5925 Earle Brown Dr. READILY PERISHABLE FOOD VEHICLE Fisher Food Products 6800 Shingle Cr. Pkwy. SIGNHANGER'S LICENSE CBS Sign Company 4820 W. 77th St. SPECIAL FOOD HANDLING LICENSE Children's Palace Brookdale Square Snyder Brother's Brookdale Center RENTAL DWELLING LICENSE Initial: Invespro II Limited Partnership Columbsu Village Apts. James & Shirley Anderson 4204 Lakebreeze Ave. N. Larry Pederson 5401 63rd Ave. N. John & Patty DeVries 2801 66th Ave. N. John & Patty DeVries 2936 69th Lane John & Patty DeVries 2937 69th Lane Renewal: Village Properties Evergreen Park Apts. Diane M. Butterfield 5926 Colfax Ave. N. Nelson Gregg Co. 6715 & 6721 Humboldt Ave. N. William F. & Bonnie L. Shutte 6717 & 6719 Humboldt Ave. N. Gary Scherber 4708 Lakeview Ave. N. William & Dorothy Goins 6331 Noble Ave. N. Edward C. Sass 5101 - 03 Xerxes Ave. N. David J. Richardson 7021 W. River Road Harold Swanson 7230 W. River Road Harold Swanson 7250 W. River Road Harold Dripps 3612 54th Ave. N. Curtis H. Cady 1312 72nd Ave. N. 2 -28 -83 -4- Voting in favor: Vayor [ yruirt, Councilmcmbers Inotka., Scott, Hawes, and Theis. Voting against: none. �I''he motion a ,ed unanimously. APPROVAL OF I1 Ir1?.1TES - Y17 14, 1 c; 3r3' RP'GIJLAR�ESSION, DECxI1B I FR 27, 198 SPECIAL SIJ UI `- '1'here eras a motion byr Counrilr:,ember Ilia .yes and seconded by Councilmember I,hotka to approve the minutes of the City Counc•i.]_ meeting of February 14, 1983 with the correction noted. by Councilmember Dawes. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Fawes, and Theis. Voting against: none. The motion passed. unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of December 27, 1982 as submitted. Voting in favor: 1'ayor Uyquist, Councilmember s Lhotka, Scott, Hawes, and. Theis. Voting against: none. The motion passed. unanimously. RESOLUTIONS (C ONTI1 LTD ) 'The City Manager introduced a Resolution Rejecting Bids and Authorizing Advertisement for New Bids for Diseased Shade Tree Removal Project No. 1983 -01 (Contract 1983 -A). The Director of ?�zbl -ic Works explained that, with regard to the bid for tree removal, the first low bidder did not submit a bid bond with the bid, and on the basis of the references received on the second lowest bidder, the staff would recommend rejection of the second low bidder. He also noted that the staff would recommend rejections of the third lowest bidder since the bid exceeds the engineer's estimate for the contract, and the bid for tree removal from the third lowest bidder is 18 higher than last year based on a unit price comparison. The Director of Public Works noted that Mr. Steve Moracki, owner of Midwest Stump Removal, is present this evening. Mayor Nyquist inquired what the major areas of problems were with regard to the references received on Midwest Stump Removal. the Director. of Public Works explained that the major p roblems we r p � p e e in the area of management methods and communication with tl.e cities. He ex p lained the communication with the cities was inadequate but added that the work itself, with regard to tree removal, was apparently satisfactory. Mayor Nyquist recognized M r. Steve P "oracki, who identified himself as the owner of Midwest Stump Removal, which is based in Anoka. He proceeded to review the cities he had worked for in the past, and reviewed the work accomplished in each city. He also reviewed the equipment his company owned and noted that; his crews were well- trained and used approved work methods for each facet of tree removal. Mr. Moracki stated that he believes he had let the administrative end of his business slip in the past but that he has tried to work with the crews very closely in the past. He explained that as a result of his work with the crews it has been hard for him to relate to the damage done by his crews in - the past. Mr. Moracki then reviewed the procedures used by his firm when damage has been done during the course of tree removal. Mr. Iiaracki noted that his coma ny has an answering service and two -way radios in the vehicles, and that with regard to comim -)ni cat ions he believes that this years work has been scheduled to improve commun:cati.ons with the cities. 2-28 -83 -�- Councilmember Hawes 9,sked N MoracRi to explain the incident in St. Louis Park where an employee was apparently required to pay restitution for damage done in tree removal. Mr. Moracki explained that in the incident in St. Louis Park lie required his employee to trim trees free of charge for tin individual for droppingla - tree on the 0 I - Io person's driveway and bre ki ng the surface. Ile explained the tree was dropped improperly and that in addition to requirin- employee to trim the person's trees free of charge the individual was paid $75 by Midwest Stump Removal. The City Manager explained that one reason the stal is recommendi r ejection of staff g e the bids is that the most diff iculty with property owners in the tree removal program comes with the communication and follow-up. He stated that the staff had experienced problems in this area with contractors in the past. Mayor Nyquist inquired whether Mr. Moracki had done any jobs since he had implemented the new procedures he referred to earlier. Mr. 1 1-Toracki stated that he had done work in the Cities of Richfield and Edina since the new procedures were implemented. The Assistant City Engineer stated that he was notable to contact the individual in the City of Richfield who could provide a reference but that he had a reference f rom the City of Edina with regard to stump removal done in that City, and that there was apparently no problem with - the stump removal work accomplished by Midwest in Edina. Councilmember Lhotka commented that since the Tree Removal Program bee-an in the City, the City has gone - through its share of problems with tree removal- contractors and as a result has become very sensitive to potential problem areas with - regard to tree removal. Mr. Moracki stated that he can understand the City's concern and that he believes establishing a rapport with homeowners is needed. Councilmember Theis inquired what the time periods were -vfnen the contractor left a job in one City and then returned to finish the - work. The City Manager explained that in St. Louis Park contractors are given a twenty-day period to remove diseased trees from the date the tree is marked for removal. He explained that one list of trees was not removed until thirty-five days and that this happened more than twice. He explained that the contractor did not exceed the t�,renty-day period consistently but due to the high visibility and sensitivity of the Tree Removal Program this could create problems. He added that Brooklyn Center's removal period is ten working days but that the size and number of trees on a removal list is also taken into consideration. Councilmember Hawes inquired of the Director of Public Works and City Fanager whether the conversation this evening change staff' recommendations, i L the st f I s eco endations The Director of Public Works stated that the established record of the contractor is not very encouraging and that the staff would be reluctant to recommend approval because of the potential problems with residents. The City Manager stated that tree removal, in many cases, is an extremely sensitive situation to the resident and that considerable staff time can be wasted in dealine, with residents who are upset with the contractor. He added that -1 51he City would hope to have demonstrated good experience on the part of any tree removal contractor. Councilmember Theis stated that he would not want to create Unnecessary barriers to contractors but that he would not wan to award the contract to a contractor who would create problems in the public relations area. Ile added that he believes the City can find a contractor who can perform in all areas. 2-28-83 -6- I RES N0. 83 -37 Member Gene Lhotka introduced the following resolution and moved its adoption: It±f RESOLUTION Kh,?U.`.CTIiTG BIDS AND AITZIIO1RTZTr';G 1ii)VE1� 1 TISFSt,E !T FOR NEW BIDS FOR DIaEASLD � SIDE TM RIhTOVAL PROJECT ITO. 1 983 - Ol (CO13TRACT 198 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor { thereof: Dean 1,yquist, Celia Scott, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Approving Contract for 1983 -8 (M inicipal Garage Remodeling and Storage Euilding Project No. 1982 -28, Phase II). The City ilanager noted that Councilmember Lhotka.'s recommendation with regard to an alternate for concrete block proved accurate and that in general a lower bid was received for the use of concrete block. Councilmember Scott commented on the variety of bids with regard to additions and subtractions for use of concrete block. The Director of Public Works commented that in general a lower bid was received for the use of concrete block but that some of the contractors had added to the bid for the use of concrete block. Councilmember Lhotka expressed some concern over the proposed skylights for the storage building and stated that it has been his experience that skylights are prone to leakage problems from rain and snow. RESO LUTION 110. 83 -38 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING C0NTRACT 1983 -B (MUNICIPAL GARAGE AND STORAGE BUILDING PROJECT 1 1982 -28, PHASE II) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean N- yquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Receiving City Engineer's Report, Establishing Well No. 3 Reconditioning Project No. 1983 -03, Approving Plans and Specifications, a_nd Ordering Advertisement for Bids (Contract 1983 -C). The Director of Public Works reviewed the City's inspection program for wells and explained that City wells are reviewed periodically every five to seven years. He explained the wells axe pulled and inspected and that well 110. 3 was inspected in January, and it v7as noticed that the well was experi- encing pump wear problems and corrosion in the piping. Counci.lmember Theis inquired whether - the City could live with the existing size of the motor instead of the extra cost for the larger motor. The Assistant City Engineer explained that when well No. 9 is brought on line,, the draw down on the aquifer will be greater, and as a result, a smeller motor will not pump at the r 2 -28 -83 -7- required pressure at the greater depth. 'The City ��Ta-nager explained that if any future treatment of water is necesoary it is advisable to have wells located in one area otherwise treatment would have to be done at each well. He added that there are disadvantages to having all wells located in one area but that the advantages outweigh the disadvantages. The Director of Public Works explained that the estimated total cost of the conditioning project is $69,450 and this amount should be added to the third paragraph of the resolution. RESOLUTION NO. 83-39 Member Gene Ihotlia introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY 11rGTTTER REPORT, ESTABLISHING WELL NO. 3 RECOY1DTTLIONII PROJECT NO. APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTIS131LITT FOR BIDS (CONTRACT 1983-C) The motion for the adoption of the foregoing resolution was duly seconded by member. Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhctka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING REGARDING HOUSING DEVELOPMITTT PROJECT AND TAX I ITT CRETO_ IT FINANCING DISTRI Mayor Ilyquist opened the meeting for the purpose of a public hearing regarding the designation of a Housing Development Project pursuant to Minnesota S+ atutes U Sections 462-411 e.t. seq., the .`,uricipal Housing and Redevelopment Act and the establishment of tax increment financing dist rict pursuant to Minnesota Statutes, Section 273.71 to 273-78 inclusive, the Tax Increment Financing Act. He inquired if there was anyone present who wished to speak, at the public hearing. No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Theis to continue the public hearing to the regularly scheduled Council meeting of March 14, 1983. 'Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION TTFIJS 7 OJT PLAJiiNIIJIIIG C01 TC 1 APPLA"J1 IT 0. 83001 SUPT BY HO INC. AIT APPEAL FROM A DE ,111,7 MIO'T B`Y O T 1 I{ A ' . ^ .0 r,,1IOJT "E F IJAX PAC IR:ELA'1i T :1 M !Tql'�PEST ' T HE E QTAF9 , '__ QUT'�!'_[ OF A R IG CO1 OF 4-9 AITT-1 YOR IFIT BIDOO_V]1_ BOU D WOTULD C0 AT",1 T_1PA1_, OF A T7 USE A1,T) Z OIIIIIG The Director of Planning r3, inspection presented and reviewed for Council members pages one through two of the February 17, 1983 Planning, Commission minutes, and also the Planning Commission information sheet prepared for Application Yo . 83001 . He explained that the application was an appeal f rom a determination by the City staff that acquisition of a right of way parcel at the southwest corner of 49th Avenue North on Brooklyn Boulevard would constitute an exp,=j.lnlsior of a nonconforming use. He proceeded to review the location of the subject parcel and explained that the parcel was excess right of way which, Howe, Inc plans to acquire f rom the Minnesota Department of Transportation, and plans to use the 10,000 sq. ft. for add Uional parking area.. The Director of Planning & Inpaection stated the staff position is that the applicant's use of the property would bean expansion of a nonconforming use which is prohibited by Section 35-f11 of the City's zoning ordinance. 2-28-83 -8- The Director of Planning (z Tnspection reviewed the letter from the applicant regarding the applicant's arguments for the proposed use of the area. The Director of Plannin. & Ins ,ect -on stated t -lat the Planning Commission, at its g p February 17, 1 X193 meeting, directed the -,ta,f_f to work out an agreement with Howe, Inc., to allow them the use of the area without violating the provisions of the zoning ordinance regarding expansions of nonconforming-, uses. The Director of Plc nningR� Inspection reviewed a letter from the City Attorney which outlined condition;, for accepting the acquisition of the right of way parcel without it consti tuti_np an expansion of a. Nonconforming use. He reviewed the points expressed on pages three and four of the Ci-t�r Attorney' letter of February 10, 1 983. He explained the Planning Commission I s recoi ,emendation was to form an agreement with Howe, Inc., and then return to the Planning Commission and City Council with site plans for formal review. Councilmernber I,hotka asked. how much parking would be provided by the acquisition of the additional right of way. The Director of Planning & Inspection answered that the parcel would provide parking for between 10 and 15 cars. IIe also noted that a final determination of the right of , ray necessary for setback requirements would have to be made it the agreement with Howe, Inc., and the City were to be approved. Mayor ilyquist recognized Mr. Tom Howe who presented to Councilmembers aerial photos of the Howe site and the proposed parking area. Air. Howe explained that the plans for the additional parking area would be proposed in conjunction with additional landscaping for the area. "Lie added that Howe sees it as an opportunity to correct proble.ns created by the highway department taking of the property for rig1i.t of way. Ile cited an existing problem of trucks not being able to turn in the present turning area, and that they are forced to move into the existing right of way area. He explained that if the agreement were approved the area would be paved. Mr. Howe explained that the adjoining, nei ghbors approve of the project including Mr. I,g °o Hanson and Mr. Fred Fournier. 11r. Howe estimated that a va.riance from the required 15 ft. setback from T.H. 152 would be needed if the plans were approved. Councilmember Lhotka expressed a concern over the difficulty of separating the ammoniated fertilizer production process out of the entire use of the Howe site. He inquired of the City Attorney what the City would be doing legally. The City Attorney replied that the question is not easily answered and that the fertilizer production portion of the plant is a small portion of the entire use. He stated that the size of the present parking variance will be decreased by the number of additional parking spaces made available by the right of ,ay parcel acquisition, and that as long as the area for parking is not expanded, the City is not expanding the nonconforming use. Councilmember Ihotka expressed a concern over the expansion of the nonconforming use portion of the Hoare operation. Mr. Tom Howe replied that it is Howe's belief that the parking will not expand the production aspect, and that 80- of the Howe plant is conforming, although, the nonconforming portion of the business is still important. The City Attorney stated he would not advise the Council to approve the right of way acquisition without an n r€ ement with Rowe, Inc. , since the agreement would prevent the ex- rc.nsion of the atniioniated process for the production of fertilizer. 2• -28 -83 -9- Councilmember Iliotka inquired whether there were any overall community concerns related to this proposal, The City Nancir.,er explained that the City has not received any complaints f rom the area, and that the staff believes they have a good sense of the neighborhood's feelings. Mr. Tom Howe explained that Howe, Inc. is not planning to expand its Brooklyn Center plant but that they want to make the Brooklyn Center plant more efficient, improve the aesthetics of the plant, and improve relations with the neighborhood. Councilmember Theis inquired whether the agreement, if approved, would hold up in court. The City Attorney stated that he believes it would be extremely unlikely if the agreement would be challenged and that he believes Howe, Inc., would not be successful in such a challenge. He added that this does not preclude any third party challenges but he believed this unlikely since he could not foresee what damage could be done by the change in parking. The City Attorney recommended that the Council deal with the appeal and direct the staff to prepare an agreement in final form between the City and Howe, Inc. Councilmember Theis stated that he would f eel more comfortable to pass on the appeal when the formal agreement was prepared. The City Attorney replied that the applicant could challenge the denial of - the appeal in court, with or without, the execution of an agreement. The City Manager stated the Council could defer action on the appeal and direct the staff to prepare a resolution denying the appeal ti.ihich could be brought back to the Council with the formal agreement. In response to the City Manager I s suggestion, there was a motion b y Councilmember Theis and seconded bir Councilmember Lhotka. to defer action on the appeal from a determination by staff regarding Planning Commission Application INTO. 83001 and to direct the City staff to prepare a - resolution denying the appeal and also to prepare a formal agreement between Howe, Inc. , and the City of Brooklyn Center regarding the proposed acquisition and use of the land. Voting in favor: Mayor Yyquist, Councilmembers Lhotka, Scott, Hawes, and 1 1 1 heis. Voting against. none. The motion passed - unanimously. RECESS The Brooklyn Center City Council recessed at 8:53 p.m. and reconvened at 9:10 p.m. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding Setbacks for Existing One or 'Tlwo­�Family Dwellings and explained the T ordinance was f irst read on J anuary 24, 1983, published on February 3, 1 983, and i s recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a. public hearing on An Ordinance Amending Chap 35 of the City Ordinances Regarding Setbacks for ! � t ng One or T wo- Fami Dwellings and inquired 4 , IL there was anyone presen who wished to speak at the public hearing. No one appeared to speak and he Entertained a motion to close the public hearing. 2-23-83 _10- There was a motion by Councilmember Scott �:md seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Setbacks for Existing One ar 'fro- Farlily Dvellings. Voting in favor: Playor Ny(Taist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed uran. O RDTNARC ?; I;O. 83 -1 Tiember Gene ll)otta introduced the following ordinance and moved its adoption: AN ORDINANCE All iMMMG CIIAPTE 35 OF T1E CITY ORDINANCES REGARDING SETBACKS FOR .EXISTII,IG OI`E OR 7WO- FA1 Dti', � The motion, for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean I',yquist, Gene Lhotka, Celia Scott, Dill Hawes, and Rich Theis; and the fallowing voted against the samme: none, whereupon said ordinance was declared duly passed and adopted. The City tlanager introduced An 0-- 1dinance Amending Chapter 8 of the City Ordinances Regarding .rood Establishments and explained the ordinance would provide for a quality assurance plan option for food handlers choosing to develop such a plan. He added that the City Council referred the ordinance amendment to the Chamber of Commerce for review on October 25, 1982 and that the Chamber has since issued a resolution of support for the ordinance. He stated the ordinance was first read on January 2.4, 1 983, published on :_�ebruary 3, 1 983, and is recommended for a second reading this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 8 of the City Ordinances Regarding Food Establishments. He inquired if there was anyone present who t ished to speak at the public hearing. Nc one appeared to speak and he entertained a motion to close the public hearing. There was a motion by CounciLm;ernber Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter. 8 of the City Ordinances Regarding rood Establishments. Voting in favor: llayor Nyquist, Councilmembers I;totka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. OR DINANCE NO. 83 -2 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE T TAT THE c R IhAI` C � ORDINANCES REGARDING D E AMETIDII G CHAPTER 8 OF SHE CITY ORDIlti I'OOD 5 E.. TABLISH1l1ENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dear, >',yqui.st, Gene Lhotka, Celia Scott, Bill Dawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Nanager introduced An Ordinance t� 7:ending Chapter 23 of the City Ordinances Regarding License Fees for Food Establi.hr:ents and explainedthat the ordinance amendment would establish the fee schedule for food establishments with and without 2-28 -83 -11- an approved quality assurance plan. He noted the ordinance was first read on January 24, 1983, published on February 3, 1983, and is reconutionded this eveni ng for a second reading. Mayor Yyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Food Establishments. He inquired if there eras anyone , present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Ihotka to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding License Fees for Food Establishments. Voting in favor: Nayor Nyquist, Councilmembers Ihotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 83-3 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINAN-CES REGARDING LICENSE KITS FOR FOOD ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene 1hotka, Celia Scott, Bill Fawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as Being Within the C1 Zoning District. He explained the property addressed by this ordinance is the Eforthport Clinic property and the property located southwest of the intersection of Xerxes and Shingle Creek Parkway. He added that the ordinance is offered for a first reading this evening and it is recommended a public hearing on the ordinance be scheduled for March 28, 1983 at 8:00 P.M. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as Being Within the Cl Zon Lng District, and setting the 4 public hearing date on - the ordinance for 8:00 p.m. on March 28, 1 Voting in favor: Mayor Nyqtiist, Councilmembers Tholl Scott", Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced An Ordinance Vacating Fremont Avenue North and 62nd Avenue North to F.A.I. 94. He explained that - the ordinance provides for the vacation of public interest for Frer-nont Avenue North through Brookwood Addition, the Housing E Redevelopment Project Are,- He stated the ordinance is offered for a first reading this evening and it is recommended a. public hearing on the ordinance be scheduled for 8:00 p.m. on April 11, 1983. There was a motion by Councilmember 1-hotka, and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Fremont Avenue North from 62nd Avenue T-1 F.A.T. 94 and establishing the public hearing date for - the ordinance for 8:00 p.m. on April 11, 1983. 2-28-83 -12- J 5' N1•;S �CGi ;i' IIT` J I �;Di T�Ember Rich `�'he� 7 introduced the fo�_lowing resolution and moved its adoption: RESOLUTION I.CCI'P II;Cx v1GR'r; Pr;RTG '? FD vi1 11� SHIT]GI�E CREry PAR3aAY ITZPROVI1T PROJI CT 110. 1 979­06 The motion -for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka., and upon vote being taken thereon, the foil -owing voted in favor thereof: Dean 11yqui.st, Gene I1iotka, Celia. Scott, Bill Hawes, and Rich Theis; and the following voted < ?gainst the same: none, whereupon said resolution was declared duly passed and adopted. The City A "anager introduced a Resolution Approving Agreement Yo. 61382 With the Minnesota Department of Transportation and Authorizing Execution Thereof. He explained the agreement provides for the City to reimburse 1 /DOT for the costs of ad justing manholes and .gate valves on the Brooklyn Boulevard resurfacing project. Couneilmember 1hotka requested clarification of item 3 on page five of the ag- ,,eement. The Director of Public ��, "orks explained that reimbursement for r r1 a � e explained mobilization coats is a standard item on state contracts . p mobilization cost is the cost of moving equipment to the site. He added that the state felt it would be better to pay the contractor through a lump sum in this area, as opposed to paying for the cost in the unit prices. The City Manager added that mobilization is a bid item in the project. Coun.ciLmernber Theis commented on the language on page four of the agreement with respect to the state having the exclusive rig t to determine whether the agency work has been satisfactorily performed by the state's contractor. He inquired if there was anything favorable to the City in the agreement. The Director of Public Works explained that there are not many items in the agreement favorable to the City, and that it is with great reluctance the staff recommends approval. RES OLUTION NO. 83 -41 Nieiber Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGRT_ I. T N0. 61382 WITH THE MINNESOTA DEPARTMENT OF .MA SPORTAT'ION A1 ALITHORIZIIIG =CUTIO T T1 REOF The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the followdng voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Tlanager introduced a Resolution Approving Agreement for Excl of Inuids with the Minnesota Department of Trnnspo rtat ion along I - between T.H. 152 and T.H. 100. He explained that in 1 the City Council adopted Resolution No. 74 -144 providing for a complex series of land exchanges between tlxe City and T ,, ;ITT /DOT. In effect, he explained the a- reement conterrplated by the resolution provided that in exchange for the taking of City properties at the northerly edge of Central. Park, A1N /DOT would return to the City some surplus right ofway, which lies west of Central Park between the privolLe properties fron U Ong on the north side of 65th Avenue and the noise wall. He proceeded to review the specific land exchanges contemplated by the agreement. 2 -28 -83 -13- RFSOLUTTON TIO. 83 -42 P %ember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACRI ,1 I , ; FOR I�;C IANCE OF LA 'DS WTTH TES' PITT; i� Sr OTA DEPAR'TPITINT OF TRANSPORTATION ALONG I - BFn l ' .II. 15 ?_ A? I� SIrINGLE CRiI mss. PA -&WAY The motion for the adoption of the foregoing resolution was duly seconded by membr Rich Theis, and upon vote being taken thereon, the following voted in favor thereof : Dean Nyquist, Gene Lhotka, Celia Scott;, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. D ISCUSSIO N ITEPIS ALTF,RFATIVES TO PRESENT ASIT CONT CONTRACT The City Pianager explained that at the time the current contract with MAPSI was executed, the City had already been looking at alternatives to animal control. Ile explained that if the Council approves the concept proposed by the City ,staff, - the City would contract with Dr. Funk of Brooklyn Park for kenneling and care service, provide the animal control services in- house, and cancel the existing MAPSI contract. Councilmember Theis inquired what percentage of dogs are picked up by the police department as opposed to KAPSI. The City Manager explained that there are no percentage breakdolims of this information but there are usually one to two dogs per weekend which have been picked up by police department employees. Councilmember Lhotka inquired whether a special vehicle would be required to make the change to this program. The City Pianage explained that the existing canine car would be used for this purpose and would be rotated to this position when the new cars are brought in. He added that possibly a small pickup could be added in the future and pointed out that this would help with the pi,?blic relations aspect of the code enforcement officers in that they are now mistaken for Brooklyn Center police officers. He also added that apart time code enforcement officer would be added to compensate for the loss of patrol hours if the P contract is canceled. Councilmember Hawes inquired as to the experience of - the code enforcement officers in handling of dangerous animals. The City r , 'anater explained that the CEO' S have been trained in animal control and that they have equipment, such as the long poles and nooses used to apprehend animals. He pointed out that the City's police officers are also trained in this area. Councilmember Theis asked that if the City adds additional equipment how much the cost increase would be. The City TIanager explained that no vehicle would be added and that the pickup, if it were added in the _future, tirould be kept for several years which would eliminate the nece'>sity of rotating a, squad car to the CEO S. Ile added that the problem of using squad cars for the CTO' S and animal control is the identification of the CEO 'S versus police officers and the messes created by the dogs in the squad cars. Councilmember Lhotka inquired whether the new program would be a test situation fo the remainder of the year. He expre a concern about the possibility of adding equipment and manpower. The City P .,nager explained that the Council could review the program again at budget time and decide whether the program was an efficient use it of equipment and manpower. 2 -28 -83 -14- There wtjn, a motion by Councilmerrber Lho -,rid seconded by Councilmember Theis to approve the staff recol-imerd at JL ons rr -,-.a,rd j ng t he City Aniirial Control Program with the condition that the pro-rr)r I revlt v,td Wh.cn the Council reviews theannual City budget. Voting in favor: yq ist, CouncilxtemIe rs Lhotka, Scott, Hawes, and Theis. Voting against: none. IYhe motion passed unanimously. y 71 , GA LJIG TE _'T There v; ,s a motion by Councilmember Uhotla and seconded by Councilmember Theis to approve the application for a C"Lass. B license submitted by the Knights of Columbus. Voting - 'n f , -L liyq CouncilinemI)ers Unotka, Scott, Hawes, and Theis. Voting against: none. The motion Passed unanimously. There iias a motion by Counci1_Tr,(.-.mber Scott, and second.ed 'by Councilmember Hawes to waive the M,00_0 fidelity bond for the `1__­s JI) license for the Knip ' ts of Columbus. Voting in - IL 7 'av0r. !`,ayor 2:i st Co Lhotka, Scott, Hawes, rn motion passed unanimously. and Theis. Voting, against: none. The i, There was a motion by Councilmember Theis =,d seconded by Ccuncilmember. Lhotka, to ap prove , s A , b 1 r prove the application for a Cla� license submitted by Northport or ui-t Councilmembers Lhotka, Scott, Parents Group. Voting in favor: IT, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to waive the $10,000 fidelity bond for th.e Class A. gari-Abling license for Northport Parents Group. Voting in favor: I'Ia,yor T Councilrmembers Lhotka., Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURIIITUINT There was a motion by Councilmember -awes and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Ilia-37 Vyquist, Councilm embers Lhotka, Scott, Ha and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 P.m. Clerk Mayor 2-28-83 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ONE (1) BROOKLYN CENTER HOUSING REHABILITATION GRANT WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has established a Home Rehabilitation Grant Program to assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has received one (1) application from an eligible individual to receive grant assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Housing Rehabilitation Grant Program; and WHEREAS, the estimated cost of the proposed grant application is estimated at $8,250. NOW, THERF.ORE, BE IT RESOLVED by the Brooklyn Center Housing and Redevelopment Authority that: 1. The Brooklyn Center Housing and Redevelopment Authority does approve the one (1) housing rehabilitation grant application as recommended by the staff. 2. That the work performed as recommended in the confidential memorandum dated January 24, 1983, and that the applicant be directed to obtain the necessary bids for staff review and approval. 3. The project shall not exceed the grant limits of $8,250 per house. Date Chairman The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i� Q A RESOLUTION DESIGNATING THE BROOKLYN ` CENTER HOUSING DEVELOPMENT PROJECT PURSUANT TO TIIE PROVISIONS OF MINNESOTA STATUTES, SECTION 462.411 et . sue. AND APPROVA .T, OF THE BROOKLYN CENTER HOUSING AND REDEVELOP IMENT AUTHORITY HOUSING DEVELOPMENT PLAN. WHEREAS, the City Council of the City of Brooklyn Center has held a public hearing to receive input regarding the Brooklyn Center Housing Development Plan; and WHEREAS, the Housing and Redevelopment Authority of the City of Brooklyn Center by Resolution has requested approval of the Brooklyn Center Housing Development Plan; and WHEREAS, the City Council expects to receive recommendation from the City of Brooklyn Center Planning Commission recommending approval of the Brooklyn Center Housing Development Plan at its March 3, 1983 meeting; and WHEREAS, the City Council of the City of Brooklyn Center finds that the housing development project described in said Brooklyn Center Housing Development Plan dated February 28, 1983 will provide housing for persons of moderate income and the families as defined In the Minnesota Municipal Housing Act, Minnesota Statutes Section 462.421, Subdivision 25 and requires public assistance in order to provide decent, safe, and sanitary urban dwellings, apartr.7ents, or other living accommodations for persons of low income as defined in Minnesota Statutes Section 462.421, Subdivision 12 and the U.S. Housing Act of 1949; and WHEREAS, the City Council of the City of Brooklyn Center finds said housing development plan and project will carry out the purpose and policy of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.715 as set forth in Section 462.415 and in the Congressional Declaration of National Housing Policy contained in the Act of 1949 as amended; and WHEREAS, the City Council of the City of Brooklyn Center finds that the land in the project areas would not be made available for redevelopment without the financial aid sought; and WHEREAS, the City Council of the City of Brooklyn Center finds that the designated housing development project area in the locality will afford maximum � � P e whole, opportunity, consistent with the sound needs of the locality as a ole , th development and redevelopment of such areas by private enterprise; and WHEREAS, the City Council of the City of Brooklyn Center finds that the housing development plan conforms to a general plan for the development of the locality as a whole, and said plan: (i) will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for redevelopment by private enterprise; (ii) conforms to a general plan for the locality as a whole; and (iii) that no P lan for relocation of individuals and families is required since the proposed housing development project will be constructed on unoccupied land. NOW, THEREFORE, BE I T RESOLVED that the City Council of the City of Brooklyn Center does hereby approve the Brooklyn Center Housing Development Plan, dated February 28, 1983. ATTEST: Mayor City Clerk a U A RESOLUTION ESTABLISHING A TAX INCREMENT FINANCING HOUSING DISTRICT PURSUANT TO MINNE STATUTES SECTION 273.71 TO 273.78 INCLUSIVE AND ADOPTING A FINANCE PLAN FOR SAID TAX INCREMENT FINANCING DISTRICT. WHEREAS, the City Council of the City of Brooklyn Center, Minnesota has determined that it is necessary to create a tax increment district pursuant to Minnesota Statutes Section 273.71 to 273.78 inclusive, within the housing development project area created pursuant to Minnesota Statutes Section 462.411 St. seq.; and WHEREAS, the City Council of the City of Brooklyn Center finds that the tax increment financing district to be established will facilitate the construction of 170 units of multi - family and owner occupied housing and that a portion of the project will be reserved for occupancy, in part, by persons or families of low and moderate income, as defined in Minnesota Statutes Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949; as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts; and WHEREAS, the City Planning Commission has received a copy of the proposed tax increment financing plan and has been given the opportunity to review and comment upon said tax increment financing plan and the tax increment financing district; and WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has informed the members of the School Board of Independent School District Number 286 and the Board of Commissioners of Hennepin County of the fiscal and economic implications of the proposed tax increment financing district and invited said School Board members and County Commissioners to the public hearing. THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER HEREBY FINDS: 1. That the tax increment financing district to be created is a tax increment financng housing district as the developer, Brutger Companies Inc., has agreed to set aside twenty percent of the 65 rental units of housing for low to moderate income persons and has established affordable prices for the 73 condominium units and 32 townhouse units so they may be purchased by persons of moderate income and their families. ` 2. That without: (i) the use of tax increment financing in accordance with Minnesota Statutes Sections 273.71 to 273.75 to provide funds to acquire the property and make certain public improvements, and (ii) the use of eminent domain, the expense and difficulty of assembling the land and clearing an easement held by the Minnesota Department of Transportation would preclude the development on this site within the reasonably foreseeable future of housing_ for low end -. -. moderate income P ersons and families. 1 3. That the proposed use of the land for multi - family housing conforms to the general plan for the use of the land and therefore the tax increment financing plan conforms to the general plan for the development of the municipality as a whole. 4. That Brutger Companies Inc., the corporation developing the property in the housing development project, will be responsible for all aspects of the construction, marketing and management of the housing to be constructed and that the City of Broodyn Center and the Brooklyn Center Housing and Redevelopment " Authority will only assist the proposed housing development project in the assembly of a buildable site, the installation of public improvements and the issuance of mortgage revenue bonds in accordance with Minnesota Statutes Chapter 462C and therefore it may be concluded that the tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the development of the project by private enterprise. The City Council of the City of Brooklyn Center, Minnesota does hereby approve the tax increment financing plan and the creation of a tax increment financing district as described in said tax increment financing plan. Adopted by the City Council this 28th day of February, 1983. - Mayor ATTEST: 2 A RESOLUTION REQUESTING THE COUNTY AUDITOR TO CERTIFY THE ORIGINAL ASSESSED VALUE OF THE REAL PROPERTY WITHIN THE BOUNDARY OF THE BROOKLYN CENTER HOUSING AND REDEVELOP INIE NT AUTHORITY TAX INCREMENT FINANCING HOUSING DISTRICT. WHEREAS, the City Council of the City of Brooklyn Center has determined that it is necessary and desirable and in the public interest to establish, designate, develop, and administer a tax increment financing housing district pursuant to the provisions of Minnesota Statutes Section 273.71 to 273.78 inclusive, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA that the Hennepin County Auditor is hereby requested to certify the assessed value of all real property within the boundaries of the tax increment housing district as described in the attached tax increment financing plan as of the date of the last equalized assessment, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the original assessed value and also to certify the proportion which any increase or decrease bears to the total assessed value for the real property in said tax increment firancing district for that year, and also to remit to the Brooklyn Center Housing and Redevelopment Authority each year hereafter, that proportion of all taxes paid that year on real property in the district which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes Section 273.76, Subdivision 1 and 2. Adopted this 28th day of February, 1983. Mayor ATTEST: City Clerk MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 3, 1983 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:43 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Nancy Manson, Lowell Ainas and Carl Sandstrom. Also present were Director of Planning and Inspection Ronald Warren, Planning Assistant Gary Shallcross, City Manager Gerald Splinter and Administrative Assistant Brad Hoffman. Chairman Lucht explained that Commissioner Versteeg had called to inform him that he would be unable to attend the evening's meeting and was excused. APPROVAL OF MINUTES - February 17, 1983 M toM 1.on by Commissioner Sandstrom seconded by Commissioner Manson to approve the minutes of the February 17, 1983 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed. APPLICATION NOS. 83003, 8 3004 and 83005 (Elderly Housin Project) Following the Chairman's explanation, the Secretary introduced the first three items of business: A request to rezone from R3 to R6, the 7.15 acres of land at the southeast corner of I -94 and Highway 100; a request for site and building plan approval to construct a three story 65 unit rental building, a five story 73 unit condominium building, and 32 townhouses at the southeast corner of I -94 and Highway 100 and a request for preliminary plat approval to subdivide into three lots, the land at the southeast corner of I -94 and Highway 100. The Secretary reviewed the information sheet for the rezoning and the resolutions for recommending the Comprehensive Plan Amendment and the rezoning of the 7.15 acres to R6. Commissioner Malecki noted that the Comprehensive Plan Amendment would allow for high- density elderly housing. She asked whether this would preclude R6 type housing on the site that was not elderly after the land was rezoned. The Secretary agreed, stating that the Comprehensive Plan Amendment would limit the rezoning to elderly housing. Commissioner Simmons asked what would happen if the pro - posed development fell apart and the land were rezoned R6. The Secretary answered that the rezoning will not be complete until the land is described in the ordinance through an ordinance amendment. He stated that by the time this ordinance becomes effective, the land should be acquired and a contract with the developer should be signed. Commissioner Simmons concluded that if another plan were submitted, it would have to be for elderly housing. The Secretary agreed. He noted that elderly housing produces less traffic and that it was on this basis that the Comprehensive Plan Amendment was deemed to be acceptable. 3 -3 -83 -1- Commissioner Sandstrom asked whether the building would be restricted to elderly occupants. Fie stated he thought that it was not legal to restrict it to certain ages. The Secretary stated that the age restriction would not be contained in the zoning, but in the contract. He added that the contract may not specify that only certain persons can apply for housing in the development, but that the type of housing by the contract would be attractive to elderly residents. He cited as an example, the high -rise building south of City Hall, which was not intended to be a purely elderly building, but has pretty much become so as more and more of the occupants are elderly. Commissioner Sandstrom asked if only those over 55 could apply for housing in the project. The Secretary answered that he was not sure if the contract specifies an age limitation. Commissioner Simmons stated that the contract was very important because it spells out how the project will, in fact, be for elderly. The Secretary then reviewed the staff reports for Application Nos. 83005 and 83004. He briefly reviewed what � -ould be built on each parcel and also reviewed the roadway changes on North Lilac Drive at Fremont and at Humboldt which had been made since the Planning Commission last reviewed the plans on January 27, 1983. He again reviewed the proof -of- parking plan for both the rental building and the condominium building. Commissioner Simmons stated that the fact that not all the parking was being installed was related to the fact that the project was for elderly residents. She stated that given this amount of parking, the City should want to ensure that the project is occupied by seniors. The Secretary resumed his review of the site and building plans. He stated that the townhouse plans had been changed from the January 27, 1983 plans to provide for a half bath on the first floor in the three bedroom units. He explained that Building A and the townhouses would be held in a condominium form of ownership after construction of the units. He also explained that the Fire Department had indicated that they preferred to see the circular stands in the parking lot areas for Buildings A and B removed for easier access for fire- fighting equipment and a turn- around area in the townhouse complex for the same purpose. He then reviewed the conditions of approval for Application Nos. 83005 and 83004. The Secretary then pointed out that the Planning Commission also had, as another business item, action on the Tax Increment Plan for the elderly housing development. He recommended that the Plan- ning Commission make three findings as listed in a handout given to the Planning Commission with their agendas. Commissioner Simmons noted that the Tax Increment Financing Plan is to be consistent with the housing element of the City's Comprehensive Plan. She stated that in addition to providing housing for the elderly, the project should also provide housing for low and moderate income people. The Secretary agreed and stated that at least 200 of the units would have to be for low and moderate income people. Commis- sioner Simmons stated that she recognized that Brooklyn Center had done more than most other suburbs toward meeting their fair share allocation of low and moderate income housing, but she added that the City still has not met its goal and that more could still be done. Commissioner Sandstrom expressed a concern for providing housing opportunities for low and moderate income people. Mr. Brad Hoffman, Administrative Assistant to the City Manager, stated that at least 20% of the units in the rental building would 3 -3 -83 -2- have to be leased to low and moderate income people. He explained that this mandated by Federal Law in any case, where a building is built with tax exempt financing. Commissioner Sandstrom asked whether the coal should not be more than 20 %. Mr. Hoffman stated that the Tax Increment Plan addresses the minimum required. He stated that it is assumed that most elderly persons moving into the rental building will be low and moderate income. Commissioner Sandstrom stated that tax increment financing should be used to help the elderly and that the goal should not be the minimum, but much more than the minimum. Mr. Hoffman stated that the City was trying to get as many low and moderate income persons in the rental building as possible. He stated that 20% is simply a statutory minimum. Commissioner Sandstrom stated that the contract should specify that the buildings built with Tax Increment Financing, should be for low and moderate income people. Commissioner Simmons stated that there are questions about who will benefit from the project, because the City is giving $1,000,000.00 in tax subsidy to the project. City Manager Gerald Splinter ex- plained that the City could not restrict the resale of units in the condominium building to elderly residents. Commissioner Simmons asked whether, once all the units were sold, the association could control who buys the condominium unit. Mr. Splinter explained that the contract would provide the condominium association with the right of first refusal; that is, the right to buy any unit within the building for sale. He stated that the law allows the City to restrict people only so far. He stated that the condominium build. ing could probably be limited to elderly persons as a practical matter, but he could not guarantee that the building would only be occupied by elderly residents. Commissioner Simmons acknowledged that these limitations on screening people out probably hark back to the time when courts ruled against such discriminatory devices. She asked whether the first purchasers of units within the condo - minium building would be elderly. Mr. Splinter responded in the affirmative. Commissioner Sandstrom asked what the price range would be of the condominiums and townhouses. Mr. Hoffman answered that they would be from the mid $50,000's to mid $60,000's. Mr. Splinter stated that, based on a marketing study done previously, he expected that there would be a lot of low and moderate income people buying units within the condominium building. He also explained that the defini- tion of low and moderate income is set by Federal standards, not by the City of Brooklyn Center. He explained that, if the project were funded by Federal funds, the developer would be required to market the condominiums outside of Brooklyn Center first. He explained that this is why the City sought to do the project without Federal funds. Commissioner Simmons asked why there is a six month limit on re- serving mortgage money for low and moderate income residents and why the six month limit started on January 10, 1983. Mr. Splinter explained that the money made available was not simply to Brooklyn Center, but to a number of communities. He stated that only part of the money was set aside for this project. He stated that once the four month limit was over, the financing would be opened to those with incomes not exceeding 110% of the median income level. Chairman Lucht stated that, as far as the contract was concerned, it would certainly have to specify the things that have been 3 -3 -83 -3- guaranteed by the staff and asked for by the Planning Commission. He stated that these provisions would be reflected in the minutes. Mr. Splinter stated that it was unfortunate that the contract had not yet been finalized. He stated that the Planning Commission could suggest provisions and he promised that the staff would try to get those things into the contract. He also explained that the rezoning would not take effect until the contract was signed. Mr. Splinter apologized for the lack of time to consider various aspects because of the importance of meeting deadlines. He asked the Planning Commission to have faith that the staff would follow through on the promises it has made about the project. In response to a question from Commissioner Simmons regarding the 20% low and moderate income units, Mr. Splinter explained that the 20% figure was not a goal, but a minimum. He assured the Planning Commission that the proposed development would not be like the Loring Park development in Minneapolis where tax increment financing was used for high - priced condominiums. He explained that that project was not even marketed to elderly persons. He added that he has no concern that Federal auditors would find anything wrong with the project. PUBLIC HEARING (Comprehensive Plan Amendment) Chairman Lucht then opened the meeting for a public hearing on the proposed Comprehensive Plan Amendment and asked whether anyone present wished to speak on that amendment. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. PUBLIC HEARING (Application No. 83003) Chairman Lucht then reopened the public hearing for the rezoning, Application No. 83003, and asked whether anyone present wished to speak. Mr. Curtis Ward, of 6131 Emerson Avenue North, noted that the plan provides for two -way traffic on North Lilac Drive. He complained of the volume of traffic generated by the Church and stated that it would go past his house if North Lilac Drive were two -way. Mr. Splinter showed the Commissioners on an overhead transparency of the site plan what stretch of North Lilac Drive was being referred to. . There followed a lengthy discussion regarding one -way as opposed to two -way traffic on North Lilac Drive. Chairman Lucht stated that if North Lilac Drive were designated one -way, the traffic would still go by Mr. Ward's house and would cause a great in- convenience for people who would live in the project. Mr. Splinter stated that if two -way traffic posed a problem to the neighborhood, North Lilac Drive could be put back to one -way. He explained that one -way streets are usually found in pairs so that people can easily double back the other way. Mr. Hoffman also pointed out that the townhouse residents would have to travel along 62nd Avenue North to North Lilac Drive and then northeast along North Lilac Drive to the entrance to the townhouses if North Lilac Drive were made one -way going northeast. Chairman Lucht then called on former Brooklyn Center Mayor Phil Cohen to speak to this issue. Mr. Cohen stated that this matter had been discussed in a number of neighborhood meetings and that 3 -3 -83 -4- most of the people in the neighborhood like the roadway layout as proposed. He stated that certain travel habits would have to change since North Lilac Drive would be interrupted between Fremont and 62nd Avenues North. He suggested that the Church get together with the neighborhood to resolve parking and traffic problems. Mr. Curtis Ward stated that it was his understanding that North Lilac Drive was going to be one -way. He stated that he had gone to many meetings and was not aware that it had been decided that North Lilac Drive would be a two -way street. He asked who decided that North Lilac Drive would be a two -way street. Mr. Cohen answered that there had been a number of meetings and that the options had been laid out to the neighborhood in meetings on January 13, 1983 and January 20, 1983. He stated that the two -way option was dis- cussed as the preferred option at those meetings. The Secretary left at 9:20 p.m. and returned at 9:23 p.m. Mr. Cohen again stated that if people are concerned about two -way traffic and if it does not work, North Lilac Drive can be changed back to a one -way street. Chairman Lucht then recognized Mr. Arnold Foslien. Mr. Foslien stated that he hoped the Planning Commission could move the appli- cation at this evening's meeting because he was anxious to see the project get under way so that he could move in as soon as possible. He asked Mr. Splinter whether it would be easy to make North Lilac Drive one -way again. Mr. Splinter stated that it could be done, but that people would have to be retrained, so to speak. Mr. Splinter stated that it would be preferable to get the traffic layout right the first time and reiterated that he felt the two -way street was a better option. Commissioner Simmons asked whether a substantial cost would be in- curred if the road was first widened for two -way traffic and then narrowed again for one -way. Mr. Splinter responded that most one - way streets are just as wide as two -way streets and, therefore, no narrowing would be necessary. Following further discussion with Mr. Ward regarding the traffic patterns in the neighborhood, Mr. Splinter stated that the staff would work with Mr. Ward between the Planning Commission meeting and the City Council meeting to arrive on an acceptable arrangement. He stated that if the street were desig- nated as one -way, other people would be disappointed. He also stated that, since the roadway matters were not a direct concern of the Planning Commission, it should be possible for the Commission to act on the applications without knowing precisely what will be done re- garding North Lilac Drive. CLOSE PUBLIC HEARING (Application No. 83003) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 33 -1 Member Moliy Ma ec i introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO R3 ZONED LAND AT THE SOUTHEAST QUADRANT OF I -94 AND T.K. 100 3 -3 -83 -5- The motion for the adoption of the foregoing resolution was duly seconded by member Nancy Manson, and upon vote being taken thereon, the following voted in favor thereof: George Lucht, Molly Malecki, Mary Simmons, Nancy Manson, Lowell Ainas and Carl Sandstrom; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. RESOLUTION NO. 83 -2 Member Nancy Manson introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 83003 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Lowell Ainas, and upon vote being taken thereon, the following voted in favor thereof: George Lucht, Molly Malecki, Mary Simmons, Nancy Manson, Lowell Ainas and Carl Sandstrom; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. PUBLIC HEARING (Application No. 83005) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to comment on the preliminary plat application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. The Secretary recommended that the Commission note the roadway concerns and further review of those concerns in its motion on the preliminary plat. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83005 (Brooklyn Center Housing and Redevelopment Authority) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 83005, noting the concern re- garding traffic on North Lilac Drive and directing staff to review those concerns, and that the approval be subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4. The Brooklyn Center Housing and Redevelopment Authority shall enter a contract with the developer stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval. 5. Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 3 -3 -83 -6- 6. The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7, building permits shall not be issued until the final plat has been filed at the County. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed unanimously. The Secretary then asked whether there were any questions regarding the site and building plan. Commissioner Manson asked how much parking was provided for the townhouse development. The Secretary stated that, including the garage stalls, the townhouse plan provides three parking stalls per unit. He noted that the Zoning Ordinance requires only two parking stalls per unit, but that most townhouse developments have more spaces in order to accommodate guest parking. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83004 (Blumentals Architecture) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 83004, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Building A and Building B are to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central moni- toring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and tter shall be provided around all g parking and driving areas. 8. Building permits for Buildings A and B are subject to completion of the rezcning process (description of the land in the Zoning Ordinance) and filing of the plat at Hennepin County. 3 -3 -83 -7- 9. Plan approval acknowledges proof -of- parking for 40 spaces on Lot 2 (Building A) and 38 spaces on J Lot 1 (Building B). These parking stalls shall be installed if the City determines that installed parking spaces are insufficient to meet demand. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed unanimously. There followed a brief discussion regarding action on the Tax Increment Financing Plan. Commissioner Simmons stated that she would like to add certain recommendations to the City Council in addition to the three findings which the Commission was asked to make regarding the Tax Increment Plan and the development plan. ACTION RECOMMENDING FINDINGS REGARDING ELDERLY DEVELOPMENT TO BE FINANCED BY TAX INCF FINANCING Motion by Commissioner Manson seconded by Commissioner Ainas to recommend to the City Council the following findings regarding the development plan for the elderly housing project proposed in Appli- cation No. 83004 to be financed by Tax Increment Financing: { 1. The Tax Increment Financing Plan is consistent with the Land Use element of the City's Compre- hensive Plan as recommended for amendment by Planning Commission Resolution No. 83 -1. 2. The Tax Increment Financing Plan is not incon- sistent with the City's Capital Improvements Program. 3. The Tax Increment Financing Plan . is compatible with the goals outlined in the Housing Element of the City's Comprehensive Plan. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed unanimously. Commissioner Simmons then entered the following statement into the record: "Since the taxpayers of Brooklyn Center are being asked to cont-ribute $1,000,000.00 to this development and since the contract between the City and the developer is not available for study prior to the Planning Commis- sion's required approval of the rezoning, etc., the Planning Commission makes the following recommendations to the City Council: 1. The City Council will make sure that the contract gives every legally permitted assistance to Brooklyn Center's low and moderate income elderly residents, to make sure that they know that this alternative housing possibility wi1 exist in their City, 2. The City Council will make sure that Brooklyn Center's interested elderly low and moderate income residents are given full and clear in- 3-3-83 -8 formation concerning the various methods of financing assistance which is being made available to them and to potential buyers of their existing homes to make it possible for them to move into this development; 3. The City Council will make sure that rents in the apartment building of this development are reasonable enough to make it possible for low and moderate income elderly people to live there, and 4. The City Council will make sure that the contract gives a reasonable assurance that the townhouse section of the development will be owner - occupied, using whatever means are customary when a developer plans to build town- houses in Brooklyn Center." Commissioner Simmons explained that "full and clear" means in language that elderly people understand and that it be repeated if necessary. The Planning Assistant pointed out that Point No. 4 of Commissioner Simmons' statement is covered in the conditions of approval to Application No. 83005. By consensus it was agreed that that recommendation would be omitted in light of its inclusion in the conditions of approval for the plat. Commissioner Simmons asked why the townhouses would be held in a condominium form of ownership. She stated that in most townhouse developments, people own a small area of land behind their townhouse so that they can grow a private garden of their own. Chairman Lucht stated that the association can often limit what is done within this small private area. The Secretary stated that the common area would be owned by all the members of the association_ and that the association could allow people to grow small private gardens. Mr. Janis Blumentals, the architect for the project, pointed out that there would be space in the patio areas between the townhouses and the garages to plant small gardens. MOTION FORWARDING RECOMMENDATIONS TO THE CITY COUNCIL Motion by Commissioner Simmons seconded by Commissioner Sandstrom that the first three recommendations of Commissioner Simmons' state- ment be forwarded to the City Council for their consideration. Voting in favor: Chairman Lucht, Commissioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed unanimously. Dr. Duane Orn, a member of the committee sponsoring the development and a member of CEAP, then thanked the Planning Commission for their review of the development plans and the rezoning. He stated that he felt the project would be a definite benefit to the City. TABLE CAR X MUFFLER SHOP APPLICATION NO. 83006 The Secretary then explained to the P anni.ng Commission that the applicant for Application No. 83006 had verbally requested to with- draw the application and asked that the Planning Commission not adopt the resolution of denial. He explained to the Commission that, while there would be no formal denial, the application would continue as a formal file in the Planning Commission's records. By consensus, it was acknowledged that the Car X application would not be acted on and that it would be held over, pending a letter of withdrawal from the applicant. 3 -3 -83 -9- DISCUSSION ITEM (Flood Plain Use Permit Fees) The Secretary then brief yreviewed with the Planning Commission ordinance amendment establishing use an o g permit fees for flood P plain uses. Commissioner Simmons asked why the ordinance allows for the extension of a nonconforming use. The Secretary responded that the language was meant to allow nonconforming uses to continue, not to expand.. MOTION RECOMMENDING APPROVAL OF ORDINANCE AMENDMENT Motion by Commissioner Malecki seconded by Commissioner Simmons to recommend approval of an ordinance amendment establishing flood plain use permit fees. Voting in favor: Chairman Lucht, Commis- sioners Malecki, Simmons, Manson, Ainas and Sandstrom. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Commissioner Manson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:07 p.m. Chairman 3 -3 -83 -10- Planning Commission Information Sheet Application Nos. 83003, 83004, 83005 Applicants: City of Brooklyn Center, Blumentals Architecture and Brooklyn Center HRA Location: Southeast quadrant of I -94 and Highway 100 Requests: Rezoning, Site and Building Plan, Preliminary Plat These applications were all considered by the Planning Commission at its January 27, 1983 meeting. At that time, Application No. 83003 was tabled and referred to the Southeast Neighborhood Advisory Group for review and comment. The other two appli- cations were also tabled at that time until the March 3, 1983 meeting. All appli- cations pertain to the proposed elderly housing and townhouse development at the southeast quadrant of I -94 and Highway 100. The land is presently zoned R3. Application No. 83003 seeks to rezone 7.15 acres to R6 for a 65 unit elderly rental building and a 73 unit condominium building. The Southeast Neighborhood Advisory Group met on February 9, 1983 and considered the proposed rezoning and development plan. The Advisory Group recommended approval of the requested rezoning at that meeting (see minutes attached). A draft resolution recommending approval of the rezoning is attached for the Commission's consideration. The public hearing for the rezoning was continued until this meeting. The Commission must complete the public hearing on the rezoning (new notices have been sent) and should also act on the Tax Increment Financing Plan submitted to the Commission at its February 17, 1983 meeting. A draft motion of approval is attached. Prior to acting on either the rezoning or the Tax Increment Financing Plan, the Commission should take action on recommending amendment of the Comprehensive Plan to allow high-density g t elder housi at the southea quadrant of I 94 and Y Y 9 t qu Highway 100. A draft resolution recommending such a change has been prepared and is attached for the Commission's review. A public hearing has been called to review the proposed amendment. The site and building plans have been reviewed by the Commission at its January 27, 1983 meeting. The plans have been revised very slightly since that time to change the configuration of the cul -de -sac at the intersection of Fremont Avenue North and No Lilac Drive. We did not note in our initial report that lighting of sidewalks and parking lots will be with high pressure sodium (amber color) globe lamps, 10" and 14" in diameter on posts 10' in height. We feel this is a very attractive proposal for lighting and recommend its approval with the plans. The plans are generally in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 3 -3 -83 -1- Application Nos.830O3, 83004, 83005 continued 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Building A and Building B are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. Building permits for Buildings A and B are subject to completion of the rezoning process (description of the land in the Zoning Ordinance) and filing of the plat at Hennepin County. 9. Plan approval acknowledges proof -of- parking for 40 spaces on Lot 2 (Building A) and 38 spaces on Lot 1 (Building B). These parking stalls shall be installed if the City determines that installed parking spaces are insufficient to meet demand. The preliminary plat was also tabled by the Planning Commission at its January 27, 1983 meeting. The plat involves simply three lots and right -of -way for North Lilac Drive. Lots 2 (for the condominiums) and 3 (for the townhouses) will be held in condominium form of ownership after the structures are built. At that time, condominium associations will be declared in accordance with state law. The preliminary plat appears to be in order and approval is recommended subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the the City Ordinances. 3. Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4. The Brooklyn Center Housing and Redevelopment Authority shall enter a contract with the developer stipulating condominium form of owner - ship for Lots 2 and 3 prior to final plat approval. 5. Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 6. The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7. Building permits shall not be issued until the final plat has been B led at the County. 3 -3 -83 -2- Planning Commission Information Sheet Application No. 83006 Applicant: Car -X Muffler Shop Location: 6810 Brooklyn Blvd. Request: Site and Building Plan and Special Use Permit This application was tabled by the Commission at its February 17, 1983 meeting with a request to bring back a resolution recommending denial of the application. We have prepared such a draft resolution and it is attached for the Commission's consideration. The public hearing for this application has been closed. There- fore, action need only be taken on the resolution recommending denial. 3 -3 -83 i fiber Molly Malecki introduced the following resolution and moved ' its adoption: PLANNING COMNaSSION _. RESOLUTION N0. 83 -1 RESOLUTION RECOPM'IENDING AMENDMENT OF COUNCIL RESOLUTION NO. 82 -255 ` (MMPREHENSIVE PLAN) RELATIVE TO R3 ZONED LAND AT THE SOUTHEAST QUADRANT OF I -94 AND T.H. 100 WHEREAS, the Council on December 20, 1982 adopted Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan (at page 90.3) states as a Plan Recommendation for the Southeast Neighborhood that high - density housing should not be allowed at the southeast quadrant of I -94 and T.H. 100 because of poor access to and from freeways through single - family areas; and t•MREAS, the Plan (at page 98 and Figure 15) recommends that the area at the southeast quadrant of I -94 and T.H. 100 be developed with mid- density resi- dential housing; and WHEREAS, the Plan (on pages 82 and 105) also calls for development of housing designed specifically for the elderly and handicapped; and IMPEAS, the Commission has considered at its January 27, 1983 and March 3, 1983 mee tings, the above recommendations in conjunction with Application Nos. 83003, and 83005 submitted by the City of Brooklyn Center requesting rezoning from R3 to R6 of 7.15 acres of land at the southeast quadrant of I -94 and T.H. 100 and Application No. 83004 submitted by Blumentals Architecture for 138 units of elderly housing on this 7.15 acres and 32 townhouse units on an additional 6.12 acres at the same location, and VMREAS, pursuant to Chapter 35 -202 of the City Ordinances, the Commission held a duly called public hearing on March 3, 1983 to consider the amendment of the Plan: NO9, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council, pursuant to Chapter 35 -202 of the City Ordinances, that Council Resolution No. 82 -255 (Comprehensive Plan) be amended to provide for high - density housing on 7.15 acres of land at the southeast quadrant of I -94 and T.H. 100, based upon the following findings: 1. The proposed use described in Application No. 83004 for elderly housing is consistent with the City's Land Use Policy Plan as articulated on page 82 of the Brooklyn Center Compre- hensive Plan. 2. The traffic impact on the adjacent neighborhood will actually be less than uould be the case if the property were developed entirely with R3 -type uses and is further minimized by the access design of the site plan. , r RESOLUTION NO. 83 -1 3. There is no other R6 zoned land in Brooklyn Center, either' developed or vacant, and construction of the project as designed would necessitate the rezoning of land somewhere within the City to R6. 4. The proposed rezoning and site plan serve a public need as i witnessed in Point No. 1 above. 5. There is a minimum amount of high - density housing in the Southeast Neighborhood, whereas the need for elderly housing in this neighborhood is substantial. 6. The proposed use is consistent and compatible with the surrounding single - family and freeway development. 7. Recent rezonings of other land to R3 within the City mitigate the loss of 7.15 acres of land from the R3 zoning classification. 8. The subject property can support development within the requirements of the R6 zoning classification as witnessed by the proposed site plan suhn under Application No. 83004. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to reconrend to the City Council that the Brooklyn Center Comprehensive Plan be re- vised to read as follows: At page 90.3 3. Encourage the development of townhouses in the pocket of land in the extreme northwest part of the neighborhood. The land is now undeveloped and portions of it are to be used for freeway purposes. The remaining undeveloped land will lend itself quite well to medium - density housing. High - density housing, other than housing for the elderly which has minimal traffic impact, should not be allowed because of poor access to and from freeways - necessarily through existing single - family areas. The area should be developed as a complex with its own identity within its "parent" neighborhood. and at page 98: 12. AZid- Density Residenti fH' h- Density Elderly Hou ng Date Chairman Secretary The motion for the adoption of the foregoing resolution was duly seconded by member } Nancy Manson and upon vote being taken thereon, the following voted in favor thereof; Chairman George Lucht, Molly, Malecki, Mary Simmons, Nancy Manson, Lowell Ainas, and Carl Sandstrom and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. Member Nancy Manson introduced the following resolution and moved its • adoption: PLANNING COMMISSION RESOLUTION N0. 83 - RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 83003 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Application No. 83003 sukmitted by the City of Brooklyn Center proposes rezoning from R3 (Townhouse) to R6 (High- Density Residential) of 7.15 acres of land at the southeast quadrant of I -94 and Highway 100; and WHEFT,AS, the Commission held a duly called public hearing on January 27, 1983 and on March 3, 1983 when testimony regarding the request was taken; and Ems, the item was referred to the Southeast Neighborhood Advisory Group, which in the minutes of a meeting on February 9, 1983 recommended the rezoning; and WHEREAS, an appropriate developnent plan and preliminary plat have been accepted by the Con - mission; and GMREAS, the plans and the proposed rezoning have been reviewed by the Ccmmission in light of the Comprehensive Plan; and WHEREAS, the Commission has recc mended by Pl annin g Commission Resolu- tion No. 83 -1 that the Comprehensive Plan be amended to allow for high- density elderly housing in this location: t NOW, THEREFORE BE IT RESOLVED by the Brooklyn Center Pl annin g Advisory Commission to recommend to the City Council that Application No. 83003 submitted by the City of Brooklyn Center be approved in consideration of the following: 1. The proposed use described in Application No. 83004 for elderly housing is consistent with the City's Land Use Policy Plan as articulated on page 82 of the Brooklyn Center Comprehensive Plan. 2. The traffic impact on e adjacent neighborhood will Pa � 7 9 actually be less than would be the case if the property were developed entirely with R3 -type uses and is further minimized by the access design of the site plan. 3. There is no other R6 zoned land in Brooklyn Center, either developed or vacant, and construction of the project as designed would necessitate the rezoning of land somewhere within the City to R6. 4.- The proposed rezoning and site plan serve a public need as witnessed in Point No. 1 above. 5. There is a minimum amount of high - density housing in the Southeast Neighborhood, whereas the need for elderly i housing in this neighborhood is substantial. i 6. The proposed use is consistent and compatible with the surrounding single - family and freeway development. RESOLUTION ITO. 83 -2 7. Recent rezonings of other land to R3 within the city mitigate the loss of 7.15 acres of lard from the R3 zoning classification. r 8. The subject property can support development within the requirements of the R6 zoning classification as witnessed by the proposed site plan submitted under Application NO. 83004. 9. In light of the above, it is felt that the proposed rezoning meets the guidelines for evaluating rezoni.ngs set forth in Section 35 -208 of Zoning Ordinance. 3 2 Q Date Chairman Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Lowell Ainas and upon vote being taken thereon, the following voted in favor thereof; Chairman George Lucht, Molly Malecki, Mary Simmons, Nancy Manson, Lowell Ainas and Carl Sandstrom and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. 4 Member introduced the following resolution and moved,, its adoption: ct l RESOLUTION NO. RESOLUTION APENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) RELATIVE TO R3 ZONED LAND AT THE , SOLIHEAST QUADRANT OF I -94 and T. H. 100 WHEREAS, the City Council on December 20, 1982 adopted Resolution No. 82 -255, adopting the updated Brooklyn Center Comprehensive Plan; and WHEREAS, the Plan (at page 90.3) states as a Plan Recommendation for the Southeast Neighborhood that high - density housing should not be allowed at the southeast quadrant of I -94 and T. H. 100 because of poor access to and from freeways through single - family areas; and WHEREAS, the Plan (at � 92 and Figure 15) recommends that the area at the southeast quadrant of I--S4 art! loo Le cevelo. ed with mid- density residential housing; and WHEREAS, the Plan (on pages 82 and 105) also calls for develorment of housing designed specifically for the elderly and handicapped; and WHEREAS, the Planning Commission has considered at its January 27, 1983 and March 3, 1983 meetings, the above recommendations in conjunction with Application Nos. 83003, and 83005 submitted by the City of Brooklyn Center requesting rezoning from R3 to R6 of 7.15 acres of land at the southeast quadrant of I -9.4 and T. H. 100 and Application No. 83004 submitted by Blumentals Architecture for 138 units of elderly housing on this 7.15 acres and 32 townhouse units on an additional 6.12 acres at the same location; and WHEREAS pursuant ter 5 -2 2 of the City Ordinances the Planning p suant to Chap 3 0 ty g Commission held a duly called public hearing on March 3, 1983 to consider the amend- ment of the Plan; and WHEREAS, the Planning Commission recommended adoption of the proposed Comprehensive Plan amendment by Planning Commission Resolution No. 83 -1; and WHEREAS, the City Council has considered the proposed Comprehensive Plan amendment at its March 14, 1983 regular meeting, in light of the entire Plan and in conjunction with Planning Commission Application Nos. 83003, 83004 and 83005 and concurs with the recommendations of the Planning Commission: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that Council Resolution No. 82 -255 (Comprehensive Plan) be amended to provide for high-density housing on 7.15 acres of land at the southeast quadrant of I -94 and T. H. 100, based upon the following findings: 1. The proposed use described in Application No. 83004 for elderly housing is consistent with the City's Land Use Policy Plan as articulated on page 82 of the Brooklyn Center Comprehensive Plan. t 2. The traffic impact on the adjacent neighborhood will actually be less than would be the case if the property were developed entirely with R3 -type uses and is further minimized by the access design of the site plan. RESOLUTION N0. 3. There is no other R6 zoned land in Brooklyn Center, either developed or vacant, and construction of the project as file designed would necessitate the rezoning of land somewhere within the City to R6. 4. The proposed rezoning and site plan serve a public need as witnessed in Point No. 1 above. 5. There is a minimum amount of high - density housing in the Southeast Neighborhood, whereas the need for elderly housing in this neighborhood is substantial. 6. The proposed use is consistent and compatible with the surrounding single - family and freeway development. 7. Recent rezonings of other land to R3 within the City mitigate the loss of 7.15 acres of land from the R3 zoning classification. 8. The subject property can support development within the requirements of the R6 zoning classification as witnessed by the proposed site plan submitted under Application No. 83004. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Comprehensive Plan be revised to read as follows: At page 90.3 3. Encourage the development of townhouses in the pocket of land in the extreme northwest part of the neighborhood. The land is now undeveloped and portions of it are to be used for freeway purposes. The remaining undeveloped land will lend itself quite well to medium- density housing. High - density housing, other than housing for the elderly which has minimal traffic impact, should not be allowed because of poor access to and from freeways - necessarily through existing single- family areas. The area should be developed as a complex with its own identity within its "parent neighborhood. and at page 98: 12. Mid- Density Residential /High - Density Elderly Housing Date _ Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member_ and upon vote being taken thereon, the following voted in favor thereof; and the following voted against the same; whereupon said resolution was declared duly passed and adopted. MaTber introduced the following resolution and moved �. its adoption: RESOLUTION N0. ro RESOLUTION REGARDING THE DISPOSITION OF PLADINING COMMISSION APPLICATION NO. 83003 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Application No. 83003 submitted by the City of Brooklyn Center 'd Residentia 7.15 Rest e ) ro ses rezoning from R3 (Townhouse) to R6 (High-Density p � g acres of land at the southeast quadrant of I -94 and Highway 100; and WHEREAS, the Planning Coixiission helc a Cull- called public hearing on January 27, 1983 and on i'arch 3, �4 en test.u.0r117 r&jardi.ng the request was taken; and WHEREAS, the item was referred to the Southeast Neighborhood Advisory Group, which in the minutes of a meeting on February 9, 1983 recommended the rezoning; and WHEREAS, the develogrent plans and the proposed rezoning have been reviewed by the Planning Commission in light of the Comprehensive Plan; an amend- ment to the Comprehensive Plan has been recommended by Planning Commission Resolu- tion No. 83 -1; and the rezoning has been recommended by Planning Commission Reso- lution No. 83 -2; and WHEREAS, the City Council considered Planning Commdssion Application No. 83003 at its March 14, 1983 regular meeting in conjunction with the site development Plan and preliminary plat; and WHEREAS, the City Council received pertinent public testimony regarding the proposed rezoning at its March 14, 1983 regular meeting; and WHEREAS, the City Council has adopted City Council Resolution No. 83- , amending the Comprehensive Plan to allow high - density elderly housing at the southeast quadrant of I -94 and T. H. 100: NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 83003 suhmitted by the City of Brooklyn Center be approved in consideration of the following: 1. The proposed use described in Application No. 83004 for elderly housing is consistent with the City's Land Use Policy Plan as articulated on page 82 of the Brooklyn Center Comprehensive Plan. 2. The traffic impact on the adjacent neighborhood will actually be less than would be the case if the property - were developed entirely with R3 -type uses and is further minimized by the access design of the site plan. { 3. There is no other R6 zoned land in Brooklyn Center, either developed or vacant, and construction of the project as designed would necessitate the rezoning of land somewhere within the City to R6. 4. The proposed rezoning and site plan serve a public need as witnessed in Point No. 1 above. rTMLUTION NO. 5. There is a minimLzn amount of high - density housing in the Southeast Neighborhood, whereas the need for elderly housing in this neighborhood is substantial. 6. The proposed use is consistent and compatible with the surrounding single - family and free%ey development. 7. Recent rezonings of other land to R3 within the City mitigate the loss of 7.15 acres of land from the R3 zoning classification. 8. The subject property can support development within the requirements of the R6 zoning classification as witnessed by the proposed site plan submitted under Application No. 83004. 9. In light of the above, it is felt that the proposed rezoning meets the guidelines for evaluating rezonings set forth in Section 35208 of the Zoning Ordinance. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof; and the following voted against the same; whereupon said resolution was declared duly passed and adopted. { CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of April, 1983 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amernt to the Zoning Ordinance regarding the zoning classification of certain land. ORDINANCE NO. AN ORDINANCE P24E DING CHAPTER 35 REGARDING THE ZONING CLASSIFICATTON OF CERTAIN LAND THE CITY CDUNCIL OF THE CITY OF BIC01 YN CENTER DOES ORDAIN AS F01WWS Section 1. Section 35 -1120 of the City Ordinances is hereby amended in the following manner: Section 35 -1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3) The following properties are hereby established as being within the (R3) N[al.tiple Family Residence District zoning classifications [That area bounded by the following: the southerly eight -of -way line of Interstate Highway No. 94 on the north and east; Lilac Drive on the east and south; the easterly right -of -way line of State Highway No. 100 on the west.] Lot 3, Block 1, Broo!oAK)od Addition. Section 2. Section 35 -1150 of the City Ordinances is hereby amended in the following manner. Section 35 -1150 MULTIPLE FAMILY RESIDENCE DISTRICT (R6) The following properties are hereby established as being within the R6 Multiple Family Residence District zoning classificaidon: 4. Lo ts 1 and 2, Block 1, Brookwood Addition. Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted)., CITY t OF 6301 SHINGLE CREEK PARKWAY �+ BROOKLYN CENTER. MINNESOTA 55430 R00 TELEPHONE 561 -5440 v) 'N'ER EMERGENCY- POLICE -FIRE ,¢ 561-5720 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 11 1983 RE: Traffic Considerations For Brookwood Housing Development Project 9 J P During the preliminary planning phases for the Brookwood Elderly Housing project, consideration has been given to existing traffic patterns in the neighborhood and to the impact of the project on traffic patterns and traffic volumes. Following is a summary of our considerations: Lilac Drive Historically this has been a "half street" with a 15 foot wide surface located on a 30 foot wide right -of -way. Because of its narrow width this street has been controlled as a one -way (Northeast - bound) street. The combination of its narrow width and the one -way designation has served to limit the volume of traffic using this street. During the project planning phase residents in the area recognized the possibility that if this street were simply widened to a full - width residential street (i.e. a 30 foot roadway surface within a 60 foot right -of -way) there would be a potential for use of this street as a short -cut from Humboldt Avenue to Dupont Avenue. Accordingly, our current plans are specifically developed to prevent this from happening. This is accomplished by "disconnecting" the roadway at Fremont Avenue by construction of a traffic turnaround on Fremont, and by an L connection of the Northerly portion of Lilac Drive with 62nd Avenue (see sketch attached). f Y. Traffic Generation From Brookwood Development I Additional traffic which will result from the proposed development is summarized as follows: Estimated Estimated Total No. of Trips No. of Trips No. of Units Per Unit Per Da. Per Day Townhouses 32 6 192 Building A (Condominiums) 73 5 365 Building B (Apartments) 65 3.5 228 TOTAL 785 " ?le Sf,.xeticfcg �I oze �� March 11, 1983 - G.G. Splinter Page 2 It is noted that if this same area were developed as a conventional R -3 (townhouse) development, we would expect it to generate between 1,500 and 2,000 vehicle trips per day. As shown on the attached sketch, all of the traffic from "Building B" will be directed to Humboldt Avenue, while the traffic from the townhouses and from "Building A" will be directed toward Dupont Avenue via Lilac Drive. Traffic on the Lilac Drive - 62nd Avenue Segment It is my understanding that Mr. Curtis Ward, 6131 Emerson Avenue North, has expressed concern regarding traffic volumes and proposed traffic patterns on the Lilac Drive - 62nd Avenue segment, and that he feels traffic volumes on 62nd Avenue will increase because our plans call for Lilac Drive to become a two way street. Attached hereto are reports on traffic counts which our staff took on Lilac Drive and on 62nd Avenue over the 5 day period of March 4th through March 9th. These are summarized as follows: Vehicle Trips Vehicle Trips On 62nd Avenue On Lilac Drive West of Dupont West of Dupont Average Weekday Count 144 178* Sunday Count 183 210* * Apparently between 70 and 80 of the vehicle trips on each street on Sunday were going to or coming from church services. Because our plan calls for this segment of roadway to be isolated from the Westerly segment of Lilac Drive, all "through trips" which are now occuring ( esimated at 150 vehicles per day) will be removed. If the Lilac Drive 62nd Avenue segment is allowed to operate as a two -way roadway (as proposed) it is my opinion that the average weekday directional split would be as follows: to 62nd Avenue to Lilac Drive Townhouse traffic 19 (10 %) 173 (90 %) Condominium traffic 146 (40 %) 219 (60 %) Other Neighborhood traffic 140 80% 35 20% TOTALS 305 427 If, on the other hand, Lilac Drive is designated as a one -way street, the average weekday directional split is estimated to be as follows: March 11, 1983 G.G. Splinter Page 3 40 to 62nd Avenue to Lilac Drive Townhouse traffic 96 (50 %) 96 (50 %) Condominium traffic 183 (50 %) 183 (50 %) Other Neighborhood traffic 157 (90 %) 18 (10 %) TOTALS 436 297 In addition, it is estimated that with Lilac Drive as a two -way street, 75% of the traffic to the church would use Lilac Drive, with 25% using 62nd Avenue. With Lilac Drive as a one -way street, this traffic must split 50% on 62nd Avenue (going to church), and 50% on Lilac Drive (leaving church). Accordingly, I recommend that we plan to develop and designate this portion of Lilac Drive as a two -way street. Respectfull submitted, SK:jn Form MHD 29176 (3 -73) PORTABLE TRAFFIC RECORDER DATA SHEET LOCATION -•f�L� � ° - � s a i' COUNTY STATION NO. ' � J COUNT BEGINNING DATE ;' DATA BY DATE AVERAGE of COUNT DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END 12 -IAM oZ a! Jr 1 -2 3 49 2 -3 0 0 0 0 e2 3 -4 s f O 4 -5 0 5-6 / 1 6 -7 6 4E 45' 0 g - � /0 9 /,?, 3 9 - 38* -5 10-11 9 30 1 1-12N 6 S 12-1 9 1 -2 /0 9 8 2 -3 6 (6 7 3 -4 /0 S w I 1� /a ► - 5-6 3 / /ez v 2 / 7-8 13 8a 16 8 3 3 4� h 9 -10 - 7 . 10 -I1 1 3 3 11 -12 M TOTAL / $eO / V- 0 G /0 /6 a0 SKETCH 1 AVERAGE DAILY TRAFFIC Remarks: 7- >� t c � - � �r ✓.r � 7� � r its ! .G' /O. oO.�J1.?.�5. =" �_ 0 ' iDL' 11 a / /,00a1M RECORDER TYPE: HR 0 MR ❑ AR ❑ } . o � �t ^ a � C MACH NQ TAPE N0. FILE N0, Daily Traffic Volumes Week Average Ave. Annual Monthly Average Month Ask Daily Daily elated to of Cou Monday Tuesday Wednesday Thursday Friday day Sunday Totals Traffic Traffic ual Average (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 07-'QD �?:4d January f? �t✓ February Ir Ir April 9iay 07 June July ?.wa 7 ""; ' /7( August September 1 460 October lv'ove::,iber December TABLE II TABLE III] ADJUSTMENT FACTOR Adjustment Factors For Adjustment Factors For 24 Hour Counts started on Month FORM onth 48 Hour Counts Started On of Count Monday Tuesday Wednesday Thursday Friday Monday Tuesday Wednesday January Control Station No. February March Station Location April May �7d'4 ' Grb r/ June July Municipality August September Traffic Data Year October November __D ccr.:ber Form 29 106 ( 10 -63) i. LU '_ • ! } - _ j - S �5TA ?E HW.- a�16F1 }— E ; LOT 12 �r,T � } 1 r 1 5 /? '15 00 y Pr 13' �� 4 1 Ek LOT it V � '.,° , ��)` `� 110 4{ % 12 m, P 4 oe LOT 10 �Y ° 7 l » . ' . ° �� s L. ..� _ _ c Y ,43 .1 ;'l II •� � 2���"' Ii� � ? li � '��� 2 CQO y a �, A\� 3 Q ��8�1b � 2 3 vl � 10��1� �l,l � t0��'�l ' � 3 G .�:F 24 C2 9 2� 9 �� 4• x 9lL r�q1 (�a' Z t391 ®' {3514 4 a`s `Z (3> Q 4 -144. ; iz .: -' .!#• _ - _ l 23 0) w',� U ' � 6 t�. s(�''� e(35l 3z�5 O a. � 5 9 \16 �- 2 a 6! st { / 16 Z a Q '20 W rti5 O E cr sy 77 e x _ :a i1 A Member introduced the following resolution and moved its adoption: RESOLUTION NO. # 4' RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING BROOKWOOD DEVELOPMENT IMPROVEMENT PROJECTS NOS. 1983 -04 AND 1983 -05 AND SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -E) k WHEREAS, the City Council of the City of Brooklyn Center, Minnesota has determined that it is in the best interests of the City to provide a senior citizen housing development program; and i WHEREAS, the City Engineer has reported that it is ,feasible to provide certain utility and street improvements within d adjacent,J�o said senior citizen housing development site at an estimated cost $.444 OOO.00 and certain sidewalk improvements adjacent to the development at an timated cost of $24,000.00; and x WHEREAS, the City Engineer has prepared plans and specifications for the proposed work: / NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL� the City of Brooklyn Center, Minnesota, that: 1. The City Engineer's Report is hereby accepted. 2. The following projects are hereby established: BROOKWOOD DEVELOPMENT WATER MAIN AND STREET IMPROVEMENT PROJECT NO. 1983 -04 BROOKWOOD DEVELOPMENT WATER MAIN, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT NO. 1983- SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06 3. The plans and specifications for Contract 1983 -E for said improvement projects prepared by the City Engineer are hereby approved and ordered filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date for receipt of bids, and specify the work to be done, state that said bids will be received by the City Clerk until, 11:00 A.M., local s time, on April 7, 1983, at which time they will be publicly opened in the Council Chambers at City Hall by the City Clerk t and City Engineer, will then be tabulated and will be considered by the City Council at 7:00 P.M -., local time, on April 11, 1983, in the Council Chambers, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to f the City for five percent (5$) of the amount of such bid. RESOLUTION NO. 5. The accounting for Improvement Project Nos. 1983 -04 and 1983 -05 will be done in the Capital Projects Fund (Division No. 39) and the accounting for Improvement Project No. 1983 -06 will be done in Municipal State Aid Construction Fund No. 2600. 6. The Finance Director is hereby authorized and directed to appropriate funds from the Capital Projects Fund (to be financed by the Housing Redevelopment Authority of Brooklyn Center, Minnesota) for Improvement Project Nos. 1983 -04 and 1983 -05 according to the following schedule: Improvement Project No. 1983 -04 - $182,220.00 Improvement Project No. 1983 -05 - $281,470.00 7. The Finance Director is hereby authorized and directed to appropriate $24,000.00 from the Municipal State Aid Construction Fund No. 2600 for Improvement Project No. 1983 -06. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i e CITY 6301 SHINGLE CREEK PARKWAY OF OOKLY BROOKLYN CENTER, MINNESOTA 55430 RN "'" ER TELEPHONE 561 -5440 CEivi EMERGENCY- POLICE - FIRE , 561 -5720 ENGINEER'S REPORT IMPROVEMENT PROJECTS NOS. 1983 -04, 1983 -05: & 1983 -06 PROJECT DESCRIPTION: Brookwood Development Improvement Project No. 1983 -04 Installation of water main and storm sewer and street construction adjacent to Brookwood Addition Brookwood Development Improvement Project No. 1983 -05 Installation of water main, storm sewer, and sanitary sewer within Brookwood Addition Sidewalk Improvement Project No. 1983 -06 Construction of sidewalk along North Lilac Drive, adjacent to the Brookwood senior citizens housing project. DISCUSSION: The proposed improvements are offered for review and consideration by the City Council in conjunction with its review of the proposal for develop- ment of the Brookwood senior citizen housing development project. The projects consist of utility installations adjacent to, and within, Brookwood Addition, and street and sidewalk construction along North Lilac Drive between Humboldt and Dupont Avenues. The following report provides greater detail of the various improvements proposed under the two projects. Improvement Project No. 1983 -04 ,r It is proposed that 8 inch water main be installed along North Lilac Drive westerly from Colfax Avenue North to the development site. Included in this proposal is the removal and salvage of the existing 6 inch main in North Lilac Drive between Colfax and Dupont Avenues. The salvaged pipe will be utilized zed on the development site in conjunction with the water main placement. Instal- lation of an 8 inch pipe is required to meet fire flow requirements. Also included under Improvement Project No. 1983 -04 is the widening of North Lilac Drive between Humboldt and Dupont Avenues from the existing 15 foot wide street (with curb and gutter on one side) to the typical residential street width of 30 feet _(including curb and gutter on the other side). Special ro consideration has been given to the effects of roadway improvement p ement in the area, and in a deliberate effort to eliminate use of North Lilac Drive as a through street, the proposed street design "cuts off" North Lilac at Fremont Avenue. Traffic proceeding along North Lilac Drive in a southwesterly fashion from Dupont Avenue will enter an "L" intersection at 62nd Avenue and will be guided back toward Dupont Avenue, the logical through street. Traffic proceeding / " 0 74c So4ftee144,9 1 I Engineer's Report - Projects 1983 -04, 1983 -05 & 1983 -06 Page 2 northeasterly along North Lilac Drive from Humboldt Avenue will enter the intersection at Fremont Avenue and be forced to go southerly along Fremont Avenue instead of continuing along North Lilac Drive toward 62nd Avenue. Minor storm sewer construction is proposed along North Lilac Drive to provide adequate drainage. Improvement Project No. 1983 -05 It is proposed that sanitary sewer, storm sewer, and water main be extended within the development site under Improvement Project No. 1983 -05. The proposal provides for construction of a storm sewer, ranging in size from 12 inches to 27 inches in diameter, which will discharge into the L -94 storm sewer system. Water main construction provided under the proposed project includes extension of an 8 inch water main "loop" through the site, from which will branch 4 inch and 6 inch domestic and fire lines. Fire hydrants will be strategically placed within the development site. The proposed sanitary sewer construction provides service to the condominium and apartment buildings. Sanitary sewer mains will be extended adjacent to the 32 unit townhouse development, but individual unit hookups will be the responsibility of the developer. Improvement Project No. 1983 -06 Improvement Project No. 1983 -06 provides for expansion of the City -wide side - walk system by construction of walk along North Lilac Drive, adjacent to the development, from Dupont Avenue to Humbodlt Avenue (sidewalk currently exists along both streets) FUNDING CONSIDERATIONS: It is proposed that financing for Improvement Projects Nos. 1983 -04 and 1983 -05 be provided through the use of tax increment funding (estimated at $463,690.00 ). Costs related to Sidewalk Improvement Project No. 1983 -06 (estimated at $24,000.00) will be financed through the City's Municipal State Aid Construction F d tim t ed un N 00. A summary f t No. 26 u o he estimated p y project costs is provided below: Project 1983 -04 Project 1983 -05 Project 1983 -06 Construction Cost $136,410 $210,700 $ 19,840 Contingencies 13,640 21,070 1,980 TOTAL CONSTRUCTION COST 150,050 231,770 21,820 Engineering Cost (9% of Construction Cost) 13,500 20,860 1,960 Administrative Cost (1% of Construction Cost) 1,500 2,320 220 SUBTOTAL 165,050 254,950 24,000 Capitalized Interest 17,170 26,520 0 TOTAL COST $182,220 $281,470 $ 24,000 i i Engineer's Report - Projects 1983 -04, 1983 -05 & 1983 -06 Page 3 The proposed improvements, as described in this report, are feasible under the conditions outlined and at the costs estimated. Respectfully submitted, SPK:jn a 7 F E' FF J HU, MB0LDT . AV E co G I R A R n o -- ---� -- - . L _ EM R mil_ g V E_ rn ZI i icn I i a LL ' _ _ m DUPONT AVE I � E 1)b Member introduced the following resolution and moved its adoption: { � RESOLUTION NO. RESOLUTIOi1 AUTHORIZING SUBMISSION OF THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION !_ AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK ` GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WHEREAS, the City of Brooklyn Center has executed a Cooperation Agreement with Hennepin County agreeing to participate in the Urban Hennepin �$ County Community Development Block Grant Program; and WHEREAS, a three year Community Development Progam and Housing Assistance Plan has been prepared consistent with the Comprehensive Urban Hennepin County Community Development strategy and the Community Development Program Regulations; and i WHEREAS, the three year Community Development Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County Citizen Participation Plan: I4 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City r of Brooklyn Center approved the proposed three year Community Development Program and Housing Assistance Plan and authorizes the appropriate execution of the application material and transmit it to Hennepin County for consideration as part of the Year IX Urban Hennepin County Community Development Block Grant Application. a i z Date Mayor s Y ATTEST: i' The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t ._ MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: March 11, 1983 SUBJECT: Year IX Community Development Projects Wednesday, March 9th, the Brooklyn Center Community Development Advisory Group held a public hearing to receive comment and make recommendations for the use of Community Development monies for Year IX. The City will be receiving approximately $330,000. The following recommendations were made by the Citizens Advisory Group and are recommended by staff. 1. $20,000 be allocated for Administration of Community Development Programs 2. That $50,000 be allocated to continue the Home Rehabilitation Grant Programs 3. That $227,000 be allocated for the purchase and rehabilitation of homes that are being marketed in Brooklyn Center 4. $33,000 be allocated to the Contingency Fund The program to purchase existing homes in Brooklyn Center is new. As a concept the City would selectively acquire homes being marketed in Brooklyn Center. Homes selected would be homes in substantial need of rehabilitation. The City would, after acquisition, act as a general to either rehabilitate the existing homes and in turn sell those homes or should the home be in a state of such disrepair that it was not economically feasible to rehabilitate the home the home would be demolished and the lot sold. The program is another attempt to provide decent, safe housing in Brooklyn Center. Barb Jensen from the Citizens Advisory Group and myself will be available Monday night to discuss these programs in greater detail. Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION AUTHORIZING THE RETURN OF $65,000 IN COMMUNITY DEVELOPMENT i GRANT FUNDS TO HENNEPIN URBAN COUNTY i WHEREAS, the City Council of Brooklyn Center appropriated $65,000 of Community Development Block Grant Funds in Year VII for the construction of a Senior Citizen Center; and WHEREAS, the local office of Housing and Urban Development, contrary to their regulations, have determined that a Senior Citizen Center does not benefit low and moderate income people; and WHEREAS, the City of Brooklyn Center does not have a readily available and eligible project where such monies could be used: NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brooklyn Center request that the money in the amount of $65,000 be returned to Urban Hennepin County to be reappropriated to another community; and BE IT FURTHER RESOLVED that the monies be made available first to communities within our own planning area. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 r MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant DATE: March 10, 1983 SUBJECT: Senior Center Project In year VII of the Community Development Block Grant Program, the City allocated $65,000 for the future construction of a Senior Citizen Center. The local area office of HUD has made a determination that the proposed project does not benefit low and moderate income people and is therefore ineligible. It is the recommendation of the Community Development Advisory group, as well as myself, that the $65,000 allocated for the project be returned to Hennepin County to be used by another Community that can make use of the money. I will be prepared to discuss this in greater detail Monday evening. Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER; RESOLUTION NO. RESOLUTION DENYING THE APPEAL OF HOWE, INC. WHEREAS, Howe, Inc. has proposed the acquisition of excess MNDOT right -of -way legally described in planning r commission file number 83001 and hereinafter referred to as "Parcel A" for the purpose of combining Parcel A with Howe, Inc. Addition; and WHEREAS, the Director of Planning and 'Inspection of the City of Brooklyn Center has ruled that the acquisition of Parcel A by Howe, Inc., the integration of Parcel A with Howe, Inc. Addition, and the use of Parcel A for the production of fertilizer would be an unlawful expansion of a nonconforming use, to -wit: The production of ammoniated fertilizer; and WHEREAS, Howe, Inc. has appealed that decision of the Director of Planning and Inspection and the matter is before the City Council sitting as the Board of Appeals; NOW, THEREFORE, BE IT RESOLVED by the City Council of { the City of Brooklyn Center that the appeal of Howe, Inc. is hereby denied and the decision of Director of Planning and Inspection in its interpretation of the Brooklyn Center Zoning Ordinance is hereby upheld. x Dated: 1983. Dean Nyquist, Mayor ATTEST: Gerald Splinter, Clerk The motion for the adoption of the ,foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. AN Member introduced the following resolution and moved its adoptiDn: CITY OF BROOKLYN CENTER RESOLUTION NO. RES013TTION AUTHORIZING THE EXECUTION.AF AN AGREEMENT REGARDING THE USE OF EXCESS MNDOT RIGHT -OF -WAY BY HOWE, INC. WHEREAS, Howe,�Inc. has proposed the acquisition of j excess MNDOT right=bf -way legally described in planning commission file number 83001 and hereinafter referred to as "Parcel A" for the purpose of combining Parcel A with Howe, Inc. Addition; and d WHEREAS, Howe,-elnc. has proposed a restricted use of the said Parcel A all as set forth in the AGREEMENT REGARDING USE OF EXCESS MNDOT RIGHT -OF -WAY BY HOWE, INC. which is attached hereto and made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyft Center that the City Council makes the following findings of fact: a. No expana on of a nonconforming use (the production of ammoniated fertilizer) has or will occur on Howe, Inc. Addition or Parcel A as a result of the restricted use as set forth in the attached Agreement; b. The life '36' - -f the nonconforming use (the ammoniated fertilizer processy= has not been extended as a result of the use of Parcel A as -q�et forth in the attached Agreement; C. No increase in the volume of ammoniated fertilizer is directly traceable to the acquisition of Parcel A when it is used pursuant to'the attached Agreement; d. The ammoniated fertilizer process will enjoy.no increased profitability as a result of the acquisition of Parcel A when used in accordance with the attached Agreement;' RESOLVED FURTHER that the Mayor and the City Manager are hereby authorized and directed to execute the Agreement which is attached hereto and made a part hereof by reference. Dated: 1983. Dean Nyquist, Mayor ATTEST: Gerald Splinter, Clerk The motion for the adoption of the foregoing resolution was .duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. -2 V t AGREEMENT REGARDING USE OF EXCESS MNDOT RIGHT -OF -WAY BY HOWE, INC. This Agreement is made this day of s- 1983 by and between the City of Brooklyn Center, hereinafter called the "City" and Howe, Inc., hereinafter called "Howe WHEREAS, Howe is the owner of real estate lying within s the City of Brooklyn Center legally described as Howe, Inc. 1 Addition, Hennepin County; and WHEREAS, Howe is negotiating to acquire excess right- of -way from the Minnesota Department of Transportation, which excess right -of -way lies adjacent to Howe, Inca Addition and is legally described as set forth on Exhibit A which is attached hereto and which is referred to herein as Parcel A and -J WHEREAS, the industrial installation of Howe on the property described as Howe, Inc. Addition contains several $ I I uses related to the production and sale of fertilizers and chemicals, one of which, the production of an ammoniated fertilizer, is a nonconforming use and cannot be expanded; and WHEREAS the Director of Planning and Inspection of the City has ruled that the acquisition of Parcel A by Howe, the integration of Parcel A with Howe, Inc. Addition, and the use of Parcel A for the production of ammoniated fertilizer would be an unlawful expansion of the nonconforming use; and WHEREAS, Howe has appealed the decision of the Director of Planning and Inspection to the Board of Appeals pursuant to the Zoning Ordinances of the City of Brooklyn Center; and WHEREAS, the said appeal is pending before the City Council sitting as the Board of Appeals; and WHEREAS, Howe and the City wish to amicably settle the question of the appeal and the use of Parcel A; NOW THEREFORE, in full settlement of that appeal and future use of Parcel A, the P arties enter into the following agreement: r f 1. Use of Excess Right -of -Way (Parcel A) Parcel A will be used exclusively for the parking of automobiles, landscaping, access to Howe Addition, and driveway purposes. 2. Parking Variance Reduced The parties recognize that the City granted Howe a variance from the parking re- quirements of the Brooklyn Center Zoning Ordinance, which variance permits a reduced number of total parking spaces and permits employee parking in the buffer setback area to the west of the-middle building, all pursuant to the site plan on file in the office of the Director of Planning and Inspection of the City. It is agreed between the parties that to the extent additional parking spaces are provided on Parcel A, the employee parking spaces west of the middle building will be discontinued and the discontinued parking spaces will be used exclusively for buffer setback area in accordance with the Brooklyn Center Zoning Ordinance, and for access purposes pursuant to previously granted City Council approval. 4. No Expansion Resulting From the Excess Right-of- Way Acquisition No storage, loading, sales, storage of rental equipment or other active uses (except for access -2- uses previously approved by the City Council) will be made of any setback and buffer area of Howe, Inc. Addition which may be made available as a result of discontinued employee parking as described in the preceding paragraph 3. 5.. Platting Parcel A will be platted pursuant to Chapter 15 of Brooklyn Center City Ordiances - and combined with Lot 1, Block 1, Howe, Inc. Addition. 6. Appeal Resolved Howe acknowledges that the City Council has upheld the decision of the Director of Planning and Inspection pursuant to appeal number 83001 filed by Howe and Howe waives its right to challenge the constitutionality, legality and reasonableness of that decision of the City Council but does not waive its right to challenge any vio- lation by the City of any other term of this Agreement. 7. No Expansion of the Non - Conforming Use In consid- eration of the restricted use being made of Parcel A by Howe, pursuant to this Agreement, the City Council makes the following findings of fact: a. No expansion of a nonconforming use has or will occur on Howe, Inc. Addition or Parcel A as a result of the use of Parcel A as set forth herein; b. The life of the nonconforming use, the ammoni- ated fertilizer process, has not been extended as a result of the use of Parcel A as set forth in this Agreement; C. No increase in the volume of ammoniated fertilizer is directly traceable to the -3- t acquisition of Parcel A when it is used t pursuant to this Agreement; d. The ammoniated fertilizer process will enjoy no increased profitability as a result of the acquisition of Parcel A when used in accor- dance with this Agreement; 8. Platting of Parcel A . Howe is authorized and directed, in the event it acquires Parcel A, to proceed with } w platting, site plan approvel and any other required approvals in accordance with existing City Ordinances._ 9. Uncontestability Howe agrees that the foregoing .findings of fact are true and reasonable and Howe further agrees to use Parcel A in strict conformance with the terms of this Agreement, and further agrees not to challenge the .authority, constitutionality, legality, or .reasonableness of the restrictions placed on Howe Inc. Addition and Parcel A by the decisions of the City Council herein or the terms of this Agreement. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this Agreement this day of 1983. HOWE, INC. CITY OF BROOKLYN CENTER President City Manager Mayor Dated: Dated.: -4- Member introduced the following resolution and moved its adoption: a RESOLUTION N0. RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST "663 -NC" FOR PRIVATE SALE WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota for nonpayment of real estate taxes, which has been designated as Classification List No, 663 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, the Director of Planning and Inspections has advised the City Council that the following described parcel is not a buildable site in accordance with applicable provisions of the Brooklyn Center City Code: Property Identification No. Description 25- 119 -21 -41 -0059 Outlot 1, Sunny-Brook Terrace NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, that said classification as nonconservation land be and the same is hereby approved with respect to said parcel. BE IT FURTHER RESOLVED that said land is hereby approved for sale to the owner of the adjacent property (P.I.N. 25- 119 -21 -41 -0002) in accordance with Minnesota Statutes relating to the sale of unbuildable parcels of land. Date Mayor i ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: { whereupon said resolution was declared duly passed and adopted. i I Member introduced the following resolution and moved its adoption: r - 0 RESOLUTION NO. I � a t RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST "663 -NC" FOR PRIVATE SALE WHEREAS, the City Council of the City of Brooklyn Center has. received from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota for nonpayment of real estate taxes, which has been designated as Classification List No. 663 -NC and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners; and WHEREAS, the Director of Planning and Inspections has advised the City Council that the following described parcel is not a buildable site in accordance with applicable provisions of the Brooklyn Center City Code: Property Identification No. Description 25- 119 -21 -41 -0059 Outlot 1, Sunny Terrace NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, that said classification 14' as nonconservation land be and the same is hereby approved with respect to said parcel. BE IT FURTHER RESOLVED that said land is hereby approved for sale to the owner of the adjacent property (P.I.N. 25- 119- 21 -41- 0002) in accordance with Minnesota Statutes relating to the sale of unbuildable parcels of land. f Date Mayor i z ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the folla4ing voted in favor thereof: C and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ( Member introduced the following resolution and moved its adoption: RESOLUTION NO. , RESOLUTION APPROVING A PORTION OF CLASSIFIC TION LIST 11 663 -NC' FOR PRIVATE SALE WHEREAS,- he City Council of the City of rooklyn Center has received from the County of H nepin, a list of lands in B klyn Center which became the property of the St to of Minnesota for nonpaym nt of real estate taxes, which has been designate as Classification List 663 -NC; and k { WHEREAS, each par el of land described in said list has heretofore been classified by the Board f Commissioners o Hennepin County, Minnesota, s as nonconservation land and th sale thereof ha heretofore been authorized t by said Board of Commissioners; d WHEREAS the Director of anning a Inspections has advised the City Council that the following describe parcel s not a buildable site in accordance with applicable provisions of the Bro klyn enter City Code;' Property Identification No. Description 25- 119 -21 -41 -0059 Part of Lot 3, Auditor's Subdivision No. 309 { NOW, THEREFORE,, BE IT RESOL BY T CITY COUNCIL of the City of c Brooklyn Center, acting pursuant to M' nesota atute 282, that said classification as nonconservation land be and the s e is here b ;approved with respect to said F parcel. BE IT FURTHER RESOLVED th t said land is ereby approved for sale to the owner of the adjacent property (P.I.N. 25- 119 -21 41 -0002) in accordance with Minnesota Statutes relating to the sale of unbuildabl parcels of land. Date or ATTEST: Cler The motion for the adopti of the foregoing resolution was duly sec ded by member , and upon vote being taken thereon, th following voted in favor thereof: a and the following voted against the same: whereupon said resolut' n was declared duly passed and adopted. Qn Y ,.W LLJ N Y 13 (SUS 0 �o --!} Z L +z _ It34_ £ast 'Zf39�� a 3 . b5 , �, ► h 335 SZ 5� 4 •^ fc P \ i d "C Zs& 74 Ealf TROBEL ('� 1 34i.3' w � t � - , \ 347.53 ;•v,?rr _4 � � 830 �, � � � � 8s z (s) '`' �• '. cn PART OF t T 5 °,,1 �! 2 Y4. i f ( lQl'l+a 4 Member introduced the following resolution and moved its adoption RESOLUTION NO. $: RESOLUTION APPROVING A PORTION OF CLASSIFICATION. LIST "663 -NC" FOR PUBLIC SALE WHEREAS, the City Council of the City of Brooklyn Center has received from the County of Hennepin, a list of lands in Brooklyn Center which became the property of the State of Minnesota for nonpayment of real estate taxes, which has been designated as Classification List No. 663 -NC; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of Commissioners of Hennepin County, Minnesota, . as nonconservation land and the sale thereof has heretofore been authorized by said Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, acting pursuant to Minnesota Statute 282, that said classification as nonconservation land be and the same is hereby approved with respect to the following parcel: f Property Identification No. Description 34- 119 -21 -11 -0076 Lot 5, Block 3, ELSEN'S CITY VIEW 2ND ADDITION and that the public sale of said parcel be and the same is hereby approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t :U4zes. +N'xa-1 WX <r • s���s ? 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A y ,27 :. {mil ^� v, ; `�, � `• ` � ' 30:, •�I ls 4 I' ' '•7 V� 1 r r x! � - , • \ 3 , llF Member introduced the following resolution and moved its adoptions RESOLUTION NO. a RESOLUTION APPROVING PRELIMINARY LAYOUT PLAN FOR THE IMPROVEI -IENt OF T.H. 252 FROM THE JUNCTION OF T.H. 694 TO THE NORTH CORPORATE LIMITS WHEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 110 renumbered as Trunk Highway No. 252 within the corporate limits of the City of Brooklyn Center, from the Junction of T.H. 694 to the North Corporate limits, r and seeks the approval thereof; and f WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. '2; S.P. 0217 -01 (610 =333) and S.P. 2748 -25 (252 =110) from the Junction of T.H. 694 to the Junction of T.H. 10 and 47. NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with the corporate limits be and hereby are approved. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote beting taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. IE F Member introduced the following resolution and moved its adoption: RESOLUTION NO. ) RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION °~ TO INCORPORATE CERTAIN DESIGN FEATURES INTO THE CONSTRUCTION PLANS FOR THE IMPROVEMENT OF T.H. 252 FROM THE JUNCTION OF T.H. 694 TO THE NORTH CORPORATE LIMITS. WHEREAS, the City Council of the City of Brooklyn Center has this date adopted a resolution approving the preliminary layout plan for the improvement of T.H. 252 from the junction of T.H. 694 to the North Corporate Limits; and WHEREAS, the City Council wishes to assure that detailed construction plans to be developed by the Minnesota Department of Transportation for this project will contain certain design features to assure (1) the proper and safe operation of that facility, (2) its integration with existing and future transportation systems in that Northeast Neighborhood, and (3) its compatibility with the neighborhood environment: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the City of Brooklyn Center hereby requests the Minnesota Department of Transportation to incorporate the following design features into the construction plans for said improvement: 1. traffic control signal systems shall be installed at the intersections of 66th Avenue North, 70th Avenue North and 73rd Avenue North.' Lis 2. provisions for pedestrian crossings, including sidewalks and pedestrian crossing provisions within the traffic control signal systems, shall be incorporated at the following locations: Intersecting Street Pedestrian Crossing Provisions For: 66th Avenue North All sides of intersection 70th Avenue North North and West side of intersection 73rd Avenue North All sides of intersection 3. provisions shall be made to assure installation of bus stops and waiting shelters for use by the Metropolitan Transit Commission and its patrons. 4. provisions shall be made to assure installation of adequate bus stops for use by school buses and their patrons. 5. provisions shall be made to allow the City to construct a pedestrian trail or sidewalk along the Westerly side of West River Road from 66th Avenue North to 73rd Avenue North. ¢ 6. consideration shall be given to purchasing adequate right -of -way' along 66th Avenue North, Westerly of new T.H. 252, to allow future upgrading of that raodway to accomodate increasing traffic volumes; 4` on 66th Avenue North. { RESOLUTION NO. 7. the design of the 70th Avenue North connection shall be coordinated with the City's plans for development of a "Parkway" along the 69th 70th Avenue corridor. 8. the detailed design of the 73rd Avenue North intersection shall be coordinated with the City Engineer to assure proper functioning of this intersection. 9. because property owners in this area continue to experience problems resulting from a high water table in the area, consideration should be given to incorporating design features with the storm drainage system which will lower that high water table. 10. if detailed plans for storm drainage of new T.H. 252 require the development of storm water holding ponds which are not within the right -of -way limits indicated on the preliminary plan layout, the Minnesota Department of Transportation is hereby requested to submit those plans to the City Council for separate consideration. 11. where a choice is possible between the use of earthen mounds vs. the use of walls for noise control, the City prefers the use of earthen mounds. 12. adequate landscaping provisions shall be incorporated to assure aesthetic compatibility of the roadway with the area's environment. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s f. 1 MEMORANDUM TO: File 'm Lindsa FROM: Chief J� y DATE: March 1, 1983 J U SUBJECT: Permit for Use of Explosives in Brooklyn Center by Layne Minnesota Company The Police Department has conducted a background investigation i Layne Minnesota for the purpose ose of establishing that they t L P P Y are authorized to use explosives within the State of Minnesota. This investigation indicates that there is nothing that would prevent Layne Minnesota Company from being issued a dynamite permit by the City of Brooklyn Center. I L CONDITIONS REGULATING DISCHARGE OF EXPLOSIVES IN BROOKLYN CENTER, MINNESOTA 1. The permit is issued to Layne Minnesota Company for use in the development of Brooklyn Center Water Supply Well No. 9 only and is non - transferrable. 2. Only qualified and licensed personnel will be authorized to undertake blasting operations. 3. Blasting operations shall be limited to the hours of 9:30 A.M. to 5 :00 P.M. Monday through Friday. No blasting operations will be permitted on Saturday or Sunday. 4. Use of blasting materials to aid in drilling the well through soil forma- tions overlying the aquifer is prohibited. 5. The maximum shot size for any single detonation shall be 10 pounds. 6. Layne Minnesota Company shall notify the Brooklyn Center City Engineer and Chief of Police 24 hours in advance of all blasting operations. 7. Layne Minnesota Company shall notify all residences within 200 feet, 24 hours in advance of all blasting operations. 8. Storage of blasting materials on the site is prohibited. 9. Layne Minnesota Company shall comply with all applicable federal, state, and local codes governing the handling and use of explosives. 10. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire December 31, 1983. w TO: Jim Lindsay, Chief of Police FROM: Jim Grube, Assistant City Engineer ( ' DATE: February 24, 1983 RE: Permit for Use of Explosives in Brooklyn Center Layne Minnesota Company Attached herewith is a copy of Blasting Permit No. A -16626 issued to Layne Minnesota by the State authorizing use and detonation of explosives. It is requested you initiate the appropriate background investigation of Layne Minnesota in preparation of petition by the firm for authorization to detonate explosives in construction of the City's Well No. 9. Upon return of a favorable finding, it is intended that such information be forwarded to the City Manager (for presentation to the City Council) accompanied by necessary "conditions of operations recommended by the staff. JNG:jn f i L BCA -04 -039 (January 1976) APPLICATION FOR USER PERMIT PERMIT NUMBER • Under Minnesota Statute 799F.74 A 16626 DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION (Please read carefully and follow instructions) (Upon approval this becomes perr_:t) V IM BCA -04 -039 must be filed in triplicate. Please make all entries of the form and any separate sheets legible on both the original and the copies. Print with ball point pen or typewriter. Any separate sheets used should be prepared in triplicate and identified by your name and address. Explanations on additional sheets should be numbered to match the items on the form that are being explained. SECTION A 1. NAME (Individual, Corporation, Partnership, etc.) 2. SOCIAL SECURITY NUMBER 3. DATE OF BIRTH 474 -46 -2833 6 -20 -43 Layne Minnesota Company 4. TELEPHONE NUMBER 5. DRIVERS LICENSE 612 -781-9553 S -420 -149- 189 -50 6. ADDRESS (RFD, Street No., City, County, State, Zip) 1. SHOW WHAT USE WILL BE MADE OF EXPLOSIVES 3147 California St. N.E. ❑MINING C3 AGRICULTURE ❑ROAD Mpls., Mn. 55418 t 0 QUARRYING ❑ CONSTRUCTION ❑ SEISMOGRAPHIC RESEARCLter well develop. 0 OTHER LAWFUL ACTIVITY (specify) 8. EXPLOSIVE MATERIALS WILL BE STORED AT 9, DATE OF USE 10. EXPLOSIVE MATERIALS WILL BE USED AT: (Show complete address, including county) (Show complete dress, including county) 3147 California St. N.E. 9 -28-82 Dole E /losives Mpls., Mn. 55418 9-28-83 Rosemouii`t, Mn. 55068 11. APPLICANT INTENDS TO USE: (List quantity) 12. APPLICANT INTtNDS TO PURCHASE EXPLOSIVES FROM: HIGH EXPLOSIVES, CLASS A [] NCN (Give name and complete address) BLASTING OR ELECTRIC BLASTING CAPS + Z ve DETONATING CORD ❑ ANFO 0 OTHER Questions 13 -15 below refer to the person(s) listed on Item 1 above. If any answers are yes, give full details on a separate sheet. Number each explanation to match the item explained YES NO a. UNDER INDICTMENT OR INFORMATION IN ANY COURT FOR A FELONY OR GROSS MISDEMEANOR INVOLVING MORAL TURPITUDE? X b. ON PAROLE OR PROBATION FOR A FELONY OR GROSS MISDEMEANOR INVOLVING MORAL TURPITUDE? X 13. IS ANY PERSON NAMED IN ITEM 1 c. A FUGITIVE FROM JUSTICE? X d. UNDER IS YEARS OF AGE? X e. A HABITUAL AND EXCESSIVE USER OF INTOXICATING LIQUORS? X a. EVER BEEN ADDICTED TO ANY NARCOTIC, DEPRESSANT OR STIMULANT DRUG? X b. BEEN CONVICTED IN ANY COURT WITHIN THE PAST YEAR OF A FELONY OR GROSS MISDE- MEANOR INVOLVING MORAL TURPITUDE? 14. HAS ANY PERSON X NAMED IN ITEM I c. EVER BEEN ADJUDICATED AS MENTALLY DEFICIENT OR BEEN COMMITTED TO ANY MENTAL INSTITUTION? X d. EVER BEEN CONFINED TO ANY HOSPITAL FOR TREATMENT AS AN "INEBRIATE PERSON"? X 1 ST BE COM a. IS THE CORPORATION UNDER INDICTMENT OR INFORMATION IN ANY COURT FOR A FELONY OR TED IF GROSS MISDEMEANOR? X PLICANT IS A b. HAS THE CORPORATION EVER BEEN CONVICTED IN ANY COURT WITHIN THE LAST YEAR OF A CORPORATION FELONY OR GROSS MISDEMEANOR? X J SECTION B certification must be executed on the original and all copies of Form BCA -04 -039 by individual, P artner, or in the case o fa corporation, association, etc., by an official duly authorized to sign for the applicant. Under penalties of perjury and the pe imposed by Minnesota Statute 609.48, 1 declare that I have examined this applicati and documents submitted in support t hereof, and to the best of my knowledge and belief, they are true, correct, and complete. I also certify that I am familiar with all published state laws and local ordinances relating to explosive materials for the location in which I intend to do business or conduct storage of explosives and explosive devices. 1 APPLICANT'S S GN ATU RE TI TLE DATE SECTION C AUTHORIZED SIGNATURE DATE OF ISSUANCE APPLICATION APPROVED, BECOMES PERMIT „� t ❑ ALL INFORMATION ON FORM BCA-04 -039 HAS BEEN VERIFIED AND POST F DUTY—,'- FEE flECEIVED IS CORRECT t �.� ` / �. ' c i ❑ APPLICATION DISAPPROVED -� 15 -- I APPROVAL, THIS PERMIT IS VALID FOR THE LOCATION FOR WHICH IT IS ISSUED (ITEM 101 FOR ONE YEAR M DATE OF ISSUANCE. NOTICE TO BUYER: 1 1. A user permit authorizes the holder to acquire and transport explosive materials within the State of Minnesota for use at the location indicated in Item 10. 2. Explosive materials must be stored in conformance with requirements set forth in 260FR Part 181. It shall be unlawful for any person to store any explosive material in a manner not in conformity with these regulations. j 3. Any person who has explosives in his possession and who incurs a loss or theft of all or a portion thereof upon discovery of such I.os, 1 or theft immediately, and in no event longer than twenty -four (24) hours from the time of discovery, shall inform the office of the County Sheriff or the local Police Department of the loss or theft, the amount of explosives missing and the approximate time of the occurrence. 4. Prior to the stor age of explosives, the applicant shall notify the appropriate Iocal fire official INSTRUCTIONS: 1 1. Distribution of Form BCA -04 -039: Upon its approval, the first copy becomes the permit and will be returned to applicant to be posted at the user location, the second cope will be retained by the local authority, and the third copy is to be filed by the local official to the Department of Public Safety, Bureau of Criminal Apprehension, 1246 University Avenue, St. Paul, Minnesota 55104. I. 1 { J,� CITY OF BROOKLM CENTER Notice is hereby given that a public hearing will be held on the 11th day of April, 1983 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amer0ment to the Zoning Ordinance establishing flood plain use permit fees.' ORDINA14CE N0. AN ORDINANCE A14MING CHAPTER 35 OF THE CITY ORDINANCES ESTABLISHING FLOOD PLAIN USE PERMIT FEES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 - 2182. USE PERMIT 1. Use Permit Required. A Use Permit issued by the Zoning Official in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. When the use involves the erection or alteration of a structure, a building permit shall be obtained in addition to a Use Permit. The fee schedule for a Use Permit shall be as set forth by City Council resolution. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective (Underline indicates new matter, brackets indicate matter to be deleted). MEMORANDUM i TO: Gerald G. Splinter, City Manager ,ecti n '. FROM:. Ronald A. barren, Director of Planning and Ins p 6 DATE: March 10, 1 0 ,83 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Establishing' Flood Plain Use Permit Fees On January 25, 1982, the City Council adopted a Flood Plain Management Ordinance as a part of the Zoning Ordinance. Section 35 -2182 of that ordinance requires the issuance of a "Use Permit" for various activities conducted within the Flood Plain. The purpose of the Use Permit, as part of the overall flood Plain Manage - ment Administration, is to assure that corrective and preventive measures are being taken for reducing flood damage among present and future uses within the Flood Plain. When the ordinance was adopted a schedule for permit fees was overlooked. The staff have prepared the necessary forms and information for obtaining a Use Permit, but no fee has been established. The problem is not related to new construction or alterations requiring a building permit, but rather with grading, filling or excavation for which we have no fee schedule. An ordinance amendment has been prepared and reviewed by the Planning Commission on March 3, 1983 which would establish the authority for a Flood Plain Use Permit fee, with the fee to be established through City Council Resolution as are all other Planning and Inspection Department fees. The proposed Use Permit fees would be as follows: Up to 10,000 sq. ft.: $10.00 From 10,000 sq. ft. to 1 acre: $1.00 /1,000 sq. ft. From 1 acre to 5 acres: $20.00 /acre Over 5 acres: $15.00 /acre If the City Council approves the ordinance amendment for first reading, we will prepare the necessary resolution setting the above fees. This would be presented to the City Council for consideration at the time the ordinance was brought back for second reading and adoption. CITY OF BROOKLYN CENTER s Notice is hereby given that a public hearing will be held on the llth day of April, 1983 at 8 :00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance. ORDINANCE NO. AN ORDINANCE ADOPTING BY REFERENCE THE NORTHWEST SUBURBS JOINT CABLE COMMUNICATIONS ORDINANCE: PRESCRIBING PENALTIES FOR VIOLATIONS: PROVIDING FOR ADMINISTRATION AND ENFORCEMENT AND PERIODIC REVIEW THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Adoption of Cable Communications Ordinance. Northwest Suburbs Joint. Cable Communications ordinance, dated September 14, 1981 is adopted as a franchise regulatnq a cable communications system with northern Cablevision Northwest, Inc. within this City and is hereby incorporated in and made part of the ordinances of this City as completely as if set out here in full. Section 2. Violations. Any violation of the ordinance adopted by reference in Section 1 of this ordinance is declared to be a violation of the ordinances of this City when such violation occurs in this City, and shall constitute a misdemeanor. Upon conviction, the penalty shall be that applicable to such violations as prescribed by the ordinance of this City. Section 3. Administration and Enforcement. The administration and enforcement of the cable communications system authorized pursuant to the ordinance incorporated by reference in Section 1 shall be at the direction of the City Manager and he shall periodically review the progress and benefits of the membership of this City in the Northwest Suburbs Cable Commission and the review of the cable communications system to the City thereby.. Section 4. This ordinance shall be effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) i FINAL FRANCHISE NORTHZ SUBURBS C^.BT_^ Cnn— LYUNICATICNS COMVISSIO CABLE CO! FRANCHISE ORDINANCE John Irving, Chairman Northwest Suburbs Cable Communications Commission Crystal City Hall 4141 Douglas Drive North Crystal, Minnesota 55422 j Telephone: (512) 537 -8421 Draft: September 14, 1981 as amended Prepared by: ( final) Adrian E. Herbst, Attorney Herbst .& Thue, Ltd. 2030 Northwestern Financial Center 7900 Xerxes Avenue, South Bloomington', MN 55 (6 12 235 -2434 L FINDINGS Article 1. STATEMENT OF INTENT AND PURPOSE, AUTHORITY, FRANCHISE APPLICATIONS 1.01 Statement of Intent and Purpose 1.02 Authority 1.03 Franchise Processing Fee Article 2. SHORT TITLE Article 3. DEFINITIONS Article 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS 4.01 Grant of Franchise 4.02 Criteria of Selection 4.03 Authority for Use of Streets 4.04 Grantee's Agreement to be Bound By This Franchise 4.05 Franchise Term 4.06 Area Covered 4.07 Police Powers 4.08 Use of Grantee Facilities 4.09 Written Notice 4.10 Franchise Non - Exclusive 4.11 Certificate of Confirmation and Compliance with Board Standards Article 5. DESIGN PROVISIONS 5.01 System Design Concept 5.02 Three Network Concept 5.03 Multiple Hub Systems 5.04 Home Subscriber Network 5.05 Institutional Communications Network 5.06 Community Interconnect Network 5.07 Cablecasting Facilities 5.08 Special Access Requirements 5.09 Provision of Service 5.10 Technical and Performance Standards 5.11 Test and Compliance Procedure 5.12 Emergency Requirements Article 6. SERVICE PROVISIONS 6.01 Initial Services and Programming 6.02 Levels of Service 6.03 Description of Services 6.04 Grantee Support for Local Programming 6.05 Services to Non- Profit Institutions -3- . Article 7. CONSTRUCTION PROVISIONS 7.01 Initial Service Area 7.0$ Construction Timetable 7.03 Line Extension Policy 7.04 Permits 7.05 Right of Inspection of Construction 7.06 Construction Codes 7.07 Repair of Streets 7.08 Erection of Poles Prohibited 7.09 Undergrounding of Cable 7.10 Reservations of Street Rights 7.11 Trimming of Trees y 7.12 Street Vacation or Abandonment 7.13 Movement of Facilities Article 8. OPERATION AND MAINTENANCE 8.01 Open Books and Records 8.02 Communications with Regulatory Agencies 8.03 Annual Reports 8.04 Monitoring and Compliance Reports 8.05 Additional Reports 8.06 Maintenance and Complaints 8.07 Safety 8.08 Service Contract 8.09 Subscriber Practices -4- 8.10 Rates and Other Charges 8.11 Rate Changes 8.12 Periodic Reviews and Evaluation and Upgrading 8.13 Refunds to Subscribers and Programmers Article 9. COMMUNITY ACCESS CORPORATION 9.01 Grantee Cooperation 9.02 Functions of the Community Access Corporation 9.03 Public Access Rules 9.04 Funding for the Community Access Corporation 9.05 Grantee Support for the Community Access Corporation 9.06 Participation in CAC by City after withdrawal from Commission Article 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS 10.01 Payment to the Grantor 1042 Security Fund 10.03 Procedure ' 10.04 Relation to Other Penalties 10.05 Bonds 10.06 Damages and Defense 10.07 Liability Insurance and Indemnification . Article 11. REVOCATION: 11.01 Grantor Right to Revoke 11.02 Procedures ° _5_ Article 12. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT. 12.01 Foreclosure 12.42 Receivership 12.03 Abandonment Article 13. PURCHASE OF SYSTEM. 13.01 Grantor Right to Purchase System Upon Receipt by Grantee of a Bona Fide Offer 13.02 Procedures 13.03 Purchase by Grantor Upon Termination of Franchise Term or Revocation of Franchise Article 14. RIGHTS OF INDIVIDUALS PROTECTED. 14.01 Discriminatory Practices Prohibited 14.02 Cable Tapping Prohibited Article 15. MISCELLANEOUS PROVISIONS 15.01 Compliance with Laws 15.02 Sale or Transfer of Franchise 15.03 Expiration 15.04 Amendment of Franchise Ordinance 15.05 Franchise Renewal 15.06 Continuity of Service Mandatory 15.07 Removal after Termination or Revocation` 15.08 Work Performed by Others 15.09 Duty to Grantee 15.10 Interest Rate 15.11 Applicable Law and Court Decisions; Severability 15.12 No Recourse Ag -ainst the Grantor -6- 15.13 Nonenforcement by Grantor 15.14 Subsequent Action by State or Federal Agencies 15.15 Administration -of Franchise 15.16 General Provision on Rights and Remedies 15.17 Filing of Offering 15.18 Publication..of Notices Article 16. EFFECTIVENESS AND ENFORCEMENT OF FRANCHISE 16.01 Effectiveness of Franchise 16.02 Duties of Grantee 16.03 Incorporation by Reference 16.04 Withdrawal 16.05 Dissolution of Grantor 16.06 Successor in Interest and Grantee's Rights 16.07 Exhibits _7_ it 1 ORDINANCE N0. AN ORDINANCE GRANTING A FRANCHISE TO NORTHERN CABLEVISION NORTHWEST, INC., A MINNESOTA CORPORATION, TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITIES COMPRISING THE NORTHWEST SUBURBS CABLE COMMUNICATION COMMISSION; SETT`1NG FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. ARTICLE 1. STATEMENT OF INTENT AND PURPOSE. AUTHORITY, FRANCHISE APPLICATIONS 1.01 Statement of Intent and Purpose Grantor intends, by the adoption of this Franchise, to bring about the development and continued operation of a System. Such a development can contribute significantly to the communication needs and desires of many citizens of Northwest Hennepin County. Further, by the development and operation of a System, Grantor may help achieve better utilization and .improvement of public services. Studies participated in by member Cities and Grantor, have led the way for organizing this means of procuring and securing a System deemed best suited to the cable service territory comprising the member Cities of Grantor. This has resulted in the preparation and adoption of this Franchise. 1.02 Authority The powers, rights and duties of Grantor are those provided to it pursuant to the Agreement adopted by each member City. The Agreement has been adopted pursuant to Minnesota Statute 238.08 and this Franchise is subject to that Agreement. 1.03 Franchise Processing Fee Grantee shall be required to reimburse Grantor and its member cities for all costs expended including attorneys fees in soliciting and evaluating a applications, and a pp , processing the franchise award and an other ongoing oin legal b a Y g b a expenses connected with the franchising award, to the extent that such costs are not recovered from application fees. -8- ARTICLE 2. SHORT TITLE This ordinance shall be known and cited as the "Northwest Suburbs Cable Communications Ordinance ". Within this document it shall also be referred to as "this Franchise." I I -9- t ARTICLE 3. DEFINITIONS For the purpose of this Franchise, the following terms, phrases, words and their derivations shall have- the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. 3.01 " Agreement " shall mean the Joint and Cooperative Agreement dated June, 1981 establishing the Northwest Suburbs Cable Communications Commission, as amended. 3.02 "Available Services" shall mean such services and programming included in Grantee's Offering which are currently technically available for use by cable providers. 3.03 "Board shall mean the Minnesota Cable Communications Board. 3.04 " Channel " shall mean a six Megahertz (MHz) frequency band, which is capable of carrying either one standard video signal, a .number of audio, digital or other non -video signals, or some combination of such signals. 3.05 " Cities " shall mean the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale, Minnesota, and their city councils. Cities as used in this Franchise shall change if withdrawal occurs as described in this Franchise. A city which has withdrawn and is no longer a member is not included in this definition. Such city may be a Grantor pursuant to this Franchise. This Franchise may then be administered separately by that city as to its territorial boundaries. 3.06 " Community Access Corporation shall mean the non - profit, public corporation whose duties shall include the financing, management and programming of the access channels. -10- 3.07 "Commission" shall mean the Northwest Suburbs Cable Communications Commission. 3.08 " Connection " shall mean the attachment of the drop to the subscriber's receiver. 3.09 " Converter " shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all authorized subscriber signals delivered at designated converter dial locations. 3.10 " Drop " shall mean the cable or cables which connect the users of the system to the distribution system. 3.11 " FCC shalt mean the Federal Communications Commission or a designated representative. 3.12 " Grar.'�ee " shall mean Northern Cablevision Northwest, Inc., a ;Minnesota Corporation, its agents, employees, lawful successors, transferees or assignees. 3.13 " Grantor " shall mean the Northwest Suburbs Cable Communications Commission and its successors or delegations. 3.14 " Gross Revenues shall mean any revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries, parent and any person in which Grantee has a financial interest of five percent or more from or in connection with the operation of the system, including but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals,. studio rental, production equipment and personnel fees and advertising revenues. The term does not include any taxes on services furnished by Grantee and imposed directly upon any subscriber or user by the State, City or other governmental unit and collected by Grantee on behalf of said governmental unit. -I1- s 3.15 "IC Community Chan _ � nel shall mean- the channel that is provided as the primary programming outlet for the designated ICN Community Channel. This channel will carry a wid variety of programming services from area institutions, city government, hospitals, churches and other northwest institutions and agencies. 3.16 " Installation " shall mean the connection of the System from the distribution cable to the point of connection. 3.17 " Membe r" shall mean any municipality which enters into the Ag reement and is g f at the time involved, a member in good standing. 3.18 " Local Origination Channel or Channels shall mean that channel or channels designated on the Home Subscriber Network by Grantee as the "Northwest Regional Magazine" Channel where Grantee shall assume responsibility for programming production responsive to community needs and requests. 3.19 "Northwest Suburbs Cable Communications Commission" or "NWSCCC" shall mean the joint powers commission established by the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth and Robbinsdale, Minnesota. 3.20 " Offering of Grantee or " Offering " shall mean that certain document dated August 24, 1981, entitled "Offering of Grantee" and signed by Grantee and Grantor, which document is on file with the secretary of Grantor. 3.21 " Person " shall mean any corporation, partnership, proprietorship, individual or _ organization authorized to do business in the State of Minnesota, or any natural person. 3.22 " Public Access Channel shall mean that channel or "channels designated on the Home Subscriber Network by the Grantee as the channel for use by the general public on a first -come, first - serve non - discriminatory basis. 3.23 " Public PrWerty shall mean any real property owned by Cities or any other governmental unit, other than a street. -12- e 3.24 " Resident " shall mean any person residing in the Cities as otherwise defined by applicable law. 3.25 " Street " shall mean the surface of and the space above and below any public street, road, cartway, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right -of -way now or hereafter held by Cities which shall, within its proper use and meaning in the sole ° opinion of the City involved, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 3.26 " Svstem shall mean a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters, --quipment oz facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in Cities. Said definition shall not include any system wholly internal to one or more multiple unit dwellings under common ownership, control or management, and which does not use Cities' streets or public property. 3.2 7 " Subscriber " shall mean any person or entity who subscribes to a service provided by Grantee by means of or in connection with the System whether a fee is paid for such service, _ 3.28 "Tapping" shall mean observing a two -way . communications signal exchange, where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose wt -13- ARTICLE 4. GRANT OF AUTHORITY A GENERAL PROVISIONS 4.01 Grant of Franchise This Franchise is granted pursuant to the terms and conditions contained herein. Such terms and conditions shall be subordinate- to all e applicable provisions of state and federal laws, rules and regulations. 4.02 Criteria of Selection The Grantee's technical ability, financial condition and legal qualifications were-considered and approved by the Grantor in a full public proceeding affording reasonable notice and a reasonable opportunity to be heard. Grantor has found, based on the advice of its consultant and representations of Grantee that Grantee's offering is in compliance with Grantor's request for proposals. 4.03 Authority for Use of Streets A. For the purposes of operating and maintaining a System in the Cities, Grantee may erect, insiall, construct, repair, replace, reconstruct and retain in,' on, bver, under, upon, across and along the streets within each City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the System, provided that all applicable permits are applied for and granted, all fees paid and all other City codes and ordinances are otherwise complied with. Prior to construction or alteration, Grantee shall in each case file plans with the Grantor, all appropriate City agencies and utility companies and receive written approval of such plans. B. Grantee shall construct and maintain the System so as not to interfere with other uses of streets. Grantee shall make use of existing poles. and other facilities available to Grantee. C. Notwithstanding the above grant to use streets, no.street shall be used by Grantee if any City in its sole opinion determines that such use is inconsistent -14- y with the terms, conditions or provisions by which such street was created or dedicated, or presently used. 4.04 Grantee's Agreement to be Bound by This Franchise A. Grantee agrees to be bound by all the terms and conditions of this Franchise. B. Grantee also agrees to provide all available services specifically set forth in, and to comply with all provisions of, its application and Offering to provide a System within the boundaries of Cities. Further, failure of Grantee to provide a System as described in its application and Offering, at Grantor's option, shall be a violation of the provisions of this Franchise. In the event of conflicts or discrepancies between the application of Grantee and the provisions of this Franchise, the provisions which provide the greatest benefit to the subscr.,bers, in the opinion of the Grantor, shall prevail. 4.05 Franchise Term This Franchise shall commence upon issuance by the Board of a Certificate of Confirmation and shall expire 15 years thereafter, unless terminated sooner as hereinafter provided. 4.06 Area Covered This Franchise is granted for the territorial boundary of the member Cities as it exists from time to time during the term of this Franchise. 4.07 Police Powers A. Nothing herein shall be construed to prohibit any member City from exercising its police power to adopt and enforce ordinances necessary to the health, safety and welfare of the public. , B. Any conflict between the provisions of this Franchise and any other lawful exercise of police powers of any City shall be resolved in favor of that City, except that Grantor will not exercise enforcement of any actions of a member City -15- which in the sole judgement of Grantor would frustrate the intent and purposes of this Franchise. 4.08 Use of Grantee Facilities Cities shall have the right to install and maintain, B free of charge, upon the poles and within the underground pipes and conduits of Grantee, where space is available, any wires and fixtures desired by Cities. Grantee waives any claim against Cities arising from Cities' exercise of these rights. 4.09 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 officer of Grantee or Chairman of Grantor of this Franchise or when ninety -six (96) hours have elapsed after such notice, report or demand is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: ' If to Grantor: Northwest Suburbs Carle Communications Commission Mr. Jack Irving, Chairman Administrative Office City of Crystal 4141 Douglas Drive Crystal, Minnesota 55422 If to Grantee: Northern Cablevision Northwest, Inc. 1440 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Such addresses may be changed by either party upon notice to the other party given as provided in this,section. 4.10 Franchise Non- Exclusive. The franchise granted herein is ;non - exclusive. Grantor and each of the cities specifically reserve the right too ant, at any time, additional franchises. 4.11 Certificate of Confirmation and Compliance wi Board Standards Grantee shall abide by the then current rules of the Board regarding the application, approval, and i renewal of e Certificate +" of Confirmation. This Franchise shall not be effective if the -16- Board does not Issue its Certificate of Confirmation and no legal or equitable rights shall then exist by reason of the adoption, granting and acceptance of this Franchise. However, Grantor shall be required to correct any ordinance deviations from Board rules if so determined by the Board during the Board Certification Process. This Franchise shall not be in force and effect if Grantee fails to obtain renewal of the Certificate of Confirmation from the Board, provided however, that Grantee may operate its System while the Board is considering its application for the renewal of its Certificate of Confirmation. -17- ARTICLE R ICLE 5. DESIGN PROVISIONS 5.01 System Design Concept The System shall be constructed and tested in conformance with Grantee's Offering. 5.02 Three Network Concept. Grantee shall construct and operate three functionally separate networks: The Home Subscriber Network (HSN), the Institutional Communications Network (ICN), and the Community Interconnect Network (CIN). All three networks shall be two -way active from inception and shall be capable of transmitting audio, video, and data signals. The three networks shall be fully interconnected. 5.03 Multiple Hub System. A multiple hub cable system shall be constructed by Grantee with four hubs serving the Northwest Suburbs. The master hub, or Information Processing Cents -r (IPC) shall provide the central control facility for the entire system and coordinate the flow of information to and from the other Information Processing Centers. Separate cables shall radiate into each of the Cities, permitting discrete communications within a single City, within any combination of Cities, or throughout the entire area. 5.04 Home Subscriber Network. Grantee shall design and construct the Home Subscriber Network in such a manner as to have the eventual capability to pass by every single -- family dwelling unit and multiple- family dwelling unit, within the area of the franchise. Service shall be provided to subscribers in accordance with the schedules and line extension policies specified in this Franchise. Grantee shall construct a dual cable 440 Mhz Home Subscriber Network. The Home Subscriber Network shall have a capacity of 116 video channels and 116 teletext channels. Grantee shall provide initial programming of 89 video channels and 49 teletext channels as set forth fully in Grantee's Offering. Grantee shall further provide segmented return -18- capability consisting of four uninterruptible reverse channels er each 3 000 subscribers P � , to accomodate two -way services and reverse transmission of television signals. 5.05 Institutional Communications Network. Grantee shall provide a totally separate Institutional Communications Network with 400 Mhz capacity. The ICN shall be fully interconnected with the Home Subscriber Network. Grantee shall reserve 40% of the ICN capacity for use by non - profit institutions. Grantee shall also actively market to potential users the ICN services and applications set forth in Section VII of its Offering. In addition, the Institutional Network shall have equipment redundancy as required to meet its performance standards. 5.O6 Community Interconnect Network. Grantee shall provide two -way interconnect cable with 330 Mhz capacity for interconnection with other cable systems in the metropolitan area. Such interconnection shall be provided when mandated by the Board' or when both Grantor and the franchising authority for the other cable system(s) agree that interconnection is desirable. Grantee shall abide by Grantor's requests for interconnection and shall use its best efforts to negotiate interconnection with other system owners when requested by Grantor. -19- 0 5.07 Cablecasting Facilities. Grantee shall provide the following cablecasting facilities or their equivalents at the estimated costs shown: Estimated Facjjjt y Quantit Cost Local Origination Studio 1 $2229861 Main Access Studio and Radio 1 243,861 Facility (includes 3 complete port -a -pak units) Community Access Studios 4 505,364 (includes 3 complete port -a -pak units per studio) Studio on Wheels 1 195,520 Mobile Production Unit 1 104,950 Interface Equipment 231,000 Grantee's plan, as set forth in the Offering, for implementing the construction, utilization and maintenance of these facilities, including its plan for accommodating ' future growth and changing needs and desires, shall be fully and timely perform ed. Grantee shall maintain its facilities and equipment to insure that they are in good working order, available for use, and will provide quality performance. 5.08 Special Access Requirements. Grantee shall provide at least five channels for access use (including one for each of the following uses: public, government, leased, educational, regional). The standard VHF Channel 6 is hereby designated for uniform regional channel usage. However, until the regional channel becomes operational, Grantee may utilize the standard VHF Channel 6 as it deems appropriate. Use of time on the regional channel shall be made available without charge. All residential subscribers who receive all or any part of the total services offered on the System shall also receive all of said five access channels at no additional charge. These channels shall be activated 0 upon System activation and thereafter maintained. Grantee shall establish rules and re prior rior to System activation for the use of at least the non - commercial public a -20- i access channels, educational channels, and leased access channels and any such other . channels as Grantor may require. Such rules shall be approved by Grantor before implementation and thereafter shall not be altered or amended without approval of Grantor. In preparing such rules: A. Grantee shall provide an equal opportunity for use of access services. B. Grantee will consider needs assessments prepared by Grantor. C. Grantee shall develop a plan to allocate each City a reasonable use and fair schedule of channel time, use of equipment and facilities so that it can receive programming unique to its needs. D. Grantee will comply, at a minimum, with the requirements of Grantor and the Board now or hereafter adopted or determined by Grantor or the Board regarding access channels. Such requirements of the Board are hereby made a part of this ordinance and include: the following: (1) Grantee shall, to the extent of the System's available channel capacity, provide to each of its subscribers who receive all or any part of the total services offered on the System, reception on at least one specially designated noncommercial public access channel available for use by the general public on a first come, nondiscriminatory basis; at least one specially designated access channel for use by local educational authorities; at least one specially designated. access channel available for local government use; and at -21- { f least one specially designated access channel available for lease on a first come, nondiscriminatory basis by commercial and noncommercial users (hereinafter the "access channels "). Subscribers receiving only alarm system services or only data transmission services for computer operated functions shall be exempt from this requirement. The VHF spectrum shall be used for at least one of the specially designated noncommercial public access channels required. No charges shall be made for channel time or playback of prerecorded programming on at least one of the specially designated noncommercial public access channels. However, personnel, equipment and production costs may be assessed for live studio presentations exceeding five minutes in length. Charges for such production costs and any fees for use of other public access channels shall be consistent with the goal of affording the public a low cost means of television access. Access facilities, equipment and /or channel time will be made available to the general public, any group or individual resident in City for the production and /or cablecasting of noncommercial programming free of charge on a first come, nondiscriminatory basis. Grantee's Offering specifies that many of the services described in this section shall be without charge. To that extent, the Grantee's Offering shall be applicable. Grantee's Offering also specifies that certain deposits may be imposed on certain access facilities. (2) Whenever the specially designated non - commercial public access channel, specially designated educational access channel, the specially designated local government access channel or specially designated leased access channel is in use during 80 percent of the weekdays (17onday- Friday), for 80 percent of the time during . any consecutive three hour period for six weeks running, and there is demand for use of an additional channel for the 22- r , 1 R r t same purpose, Grantee shall then have six months in which to provide a new specially designated access channel for the same purpose at no additional cost to subscribers, provided the provision of such additional channel or channels shall not require the cable system to install converters. (3) The rules and regulations established by the Grantee and approved by City governing the aforementioned access channels shall be filed with the Board within 94 days after any such channels are put into use. (4) Subscribers receiving programs on one or more special service channels without also receiving the regular subscriber services may receive only one specially designated composite_ access channel composed of the programming on the specially designated non- commercial public access channel, educational access channel, and local government access channel. Subscribers receiving only alarm system services or only data transmission shall not be included in this requirement. (5) If demand for use of the specially designated access channels does not warrant activation of all the specially designated access channels, public, educational, governmental, and leased access channel programming mey be combined on one or more cable channels. To the extent time is available therefore, access channels may also be used for other broadcast and non- broadcast services, provided that such services are subject to immediate displacement if there is demand to use the channel for its specially designated purpose. Each system shall provide, in any case, at least one full channel on the VHF spectrum for shared access programming. E. The Grantee shall comply, at a minimum, with the requirements of Grantor and Board, now or hereafter adopted by Grantor or Board regarding' public use of its equipment, including the fallowing: -23- (1} Grantee shall make reA lily available for public use at least minimal equipment necessary for the production of program • gT ming and playback Of prerecorded programs for the specially designated noncommercial rcial public access channel, The Grantee shall also make readily available upon shown, the minimum equipment necessary to make it P n need being Possible to record Programs at remote locations with battery operated portable equipment. (2) Need within the meaning of this paragraph shall be determined the sole discretion of Grantor or' by subscriber petition. Said in contain the signatures of at least 10 percent of the subscribers petition must in no case more than 500 nor fewer than 100 sig n fibers of System, but atures. F. Grantor may delegate to a Community Access Corporation (CAC provided for in this Franchise, such authority and responsibility s }' a$ best interests of cities. y �t deems in the 5.09 Provision of Service. After service has been established by activatin tr cables for any area, Grantee shall. provide service to g unk area 90 days from the date of request, any requesting subscriber within that 5 .10 Technical and Performance. Standards. System standards in sub -par pr t omulgated by the FCC relating to cable y m technical and performance communications systems contained K of part 76 of the FCC's rules and re communications systems shall be incorporated b regulations relating to cable a y reference into this Franchise as shall Grantee's Offering. The results of any tests required b the be filed within ten (10) days of the conduct of such t y FCC or this Franchise shall est's with Grantor and the Board. 5.11 Test and Comt�liance ?procedure. Grantee's methods a Dina nd schedules for testing the System on an on g b basis shall be in compliance with its Offering performed . The tests for t Home Subscriber Network shall be he periodically, at intervals no greater than *y sit months, on a minimum of 20 subscriber television receivers, located throughout -24- the service area. At least eight of these locations shall be at the far end of the distribution trunk cables. The tests shall be witnessed by representatives of Grantor, and written test reports shall be submitted to Grantor. If more than 10% of the locations tested fail to meet the performance standards, Grantee shall be required to indicate what corrective measures have been taken and the entire test shall be repeated for at least 20 different locations. A second failure of more than 10% may result, at Grantor's option, in an order to reduce subscriber rates in that area due to degraded service. The cost of such testing shall be paid by the Grantee. 5.12 Emergency Requirements Grantee shall provide a total audio /video /FM emergency alert overriding capability. Universal and Family Service subscribers shall be equipped with a - "beeper alert" providing audio indication of an emergency message. Subscribers on all other levels of service shall receive the emergency alert capabilities of the TOCOM 55 Plus or comparable converter. Complete stand -by power shall be provided by Grantee for both the Home Subscriber and Institutional Networks. -25- ARTICLE 6. SERVICE PROVISIOIr'S 6.01 Initial Services and Programming Grantee shall provide the initial services and programming assavailable listed in Grantee's Offering and in this section. Services or programming tiers listed in Offering and this Section shall not be reduced, expanded or altered without prior notice to the Grantor. Upon request of Grantor, Grantee shall be required to show cause of such change and shall cause the services and programming to revert to their original condition if those services and programming are available. 6.02 Levels of Service. A. Universal Service. Seven community channels are provided as a public` service free of monthly charge after a one -time installation charge. Emergency alert capability is provided. B. Family Service. This twenty -nine channel service incorporates t!.a seven community channels of Universal Service. Family Service includes distant station WTBS, children's programming, fine arts and cultural programming, local news and access channels, and two optional pay TV services, Home Box Office and Home Theatre Network, C. Basic Service. This 55- channel service builds upon the Family Service, and includes additional access and local origination channels, more satellite services, and seven optional pay -TV services as available. _ D. Basic Plus ECHO Text. This service combines the 55- channel Basic Service with 55 channels of graphics and text information capability. E. ECHO Interactive Service. With a total of 138 initially programmed channels, this service incorporates all other levels of service and combines them with two -way interactive capability. This service level provides for Shopping At Home, Information Retrieval, Opinion Polling, College Courses, and Pay per View -26- I . i Services, as well- as Control Data's PLATO and Call-up Cable as available. Interactive access channels are also provided. 6.03 Description of Services. Services as proposed by tiers (levels) are set forth in Grantee's Offering. The following services shall be provided by Grantee as available. A. Local Broadcast Signals. All local television signals shall be carried on their broadcast channel numbers. ° B. Distant Signals. The following distant television signals shall b3 delivered. (1) WTBS Atlanta (2) WGN Chicago (3) WOR -TV New York (4) MTV k'waiver required) C. Alpha - Numeric Services. These services are provided either as single channel services or in combination with other services. Grantee will provide quality character generation equipment to provide clear, easily readable displays of alpha - numeric information. These services include: Community Calendars Regional Bulletin Board Public Access Program Guide Community Service Clearinghouse Government /Park and Recreational Bulletin Board Education Bulletin Boards Update - Northwest Regional Bulletin Board Interfaith Bulletin Board '3 w e scene (AP) r Color Radar Weather Cable Marquee (Channel Guide) Video Lexicon Congressional Liaison Associated Press Sports Wire Women's Channel Vital Signs Board /Comparison Pricing Tiekertape /NOAA Weather /Time Job Bank D. Satellite Services. Major services to be provided as available include: Nickelodeon CBS Cable Cable Satellite Public Affairs Network (C -SPAN) Cinemerica Christian Broadcasting Network National Christian Network Cable News Network Entertainment and Sports Programming Network (ESPN) Catholic Network Jewish International Network Spanish International Network Modern Satellite Network The Eni-, ish Channel Black Entertainment Television Storer Washington News Bureau USA Network -28- l American Educational Television Network The Silent Network ARTS Calliope e Satellite Programming Network Appalachian Community Service Network ~ BETA E. Premium Services. Grantee shall provide, as available, eleven premium movie and entertainment services, including 6 maxi- pay -TV services, a mini -pay TV service, and 4 channels of pay per view services,,as follows: Home Box Office Showtime The Movie Channel Home Theatre Network Cinemax Rockefeller Center TV Public Subscriber Network 4 Pay per View Channels Grantee shall further reserve those channels as set forth in its Offering for _ premium non - entertainment services, as available, including, but not limited to: Reuters Data Retrieval Dow Jones Data Retrieval Playcable Plato The Source -29- F. Access and Local Programming Services. Grantee shall initially provide. 36 channels for local origination programming, access programming, and theme, or "video magazine" programming. A video magazine channel shall be structured a around a topic or interest, and first priority use shall be given any access users who wish to create programming on that topic. In the event access programming is not available, the Grantee shall have opportunity to develop programming on that topic, using its own technical and human resources specifically allocated for the task; Grantee may also provide satellite programming on said topic, if local programming is not available. Grantor and Grantee shall: (1) Identify access needs; (2) Train and consult with interested residents of Cities in the use of ' the access equipment; and (3) Promote the availability and uses of access. (4) Grantee shall cooperate in the development of a Community Access Corporation (CAC), if determined to be needed by Grantor. G. Access Channels. Channels exclusively dedicated for access programming include the following video channels (and complimentary text channels, where applicable): Regional Access Government Access Leased access (S channels) Public Access Social Service Access/ Handicapped Access Educational Recess (12 channels) Library Access (3 channels) -30- ° Religious Access Labor Access ICN Community Channel Grantee shall provide the following "video magazine" or theme channels: Our Town (Discrete City Programming) Senior Citizens Handicapped /Public Health Care Youth Women Art Commerce and Consumer Public Affairs Access (Polling) ° Grantee shall further provide a local origination channel entitled "NorLhwest Regional Magazine," and shall reserve 7 channels for future institutional and access needs. H. Text Services. Forty -nine channels of text programming asset forth in Grantee's Offering shall be made initially available on the cable system, including, but not limited to such available services as course offerings, social service information, The Source, movie reviews, personal financial information, employment opportunities, and transportation schedules. I. Interactive Services. (1) Grantee will provide as available the following _interactive services at system activation: Security services (intrusion, fire, medical alert) Library Link Reuters Instant Data Retrieval e al -31- Dow Jones Data Retrieval The Source Pay per View Premium Programming 6 Opinion Polling At -Home Banking Services Shop -at -Home Community /College Per Credit Educational Courses Call up Cable Films (2) Video games by Playcable, Plato computer assisted tutorials, and home energy management services will be offered as soon as possible after system operation begins. 6.04 Grantee Support for Local Programming Grantee's commitment to local Programming is outlined in Grantee's Offering. Further, Grantee's Commitment to over $1.5 million in cablecasting facilities is outlined in Article 5, System Design. Grantee shall provide the following or equivalent support for local programming: A. Use of EQuipment and C hannels. Use of all cablecasting access facilities and channels shall be free of charge. B. Personnel. onnel. Grantee shall provide local origination and access programming staff as set forth in Form IV -I -2 in its Offering to encourage the use of access and local programming in the community. Staff shall include a reasonable number of properly qualified persons, with a reasonable amount of programming experience. C. As set forth specifically at Form IX, Section B, pages 11 -12 in Grantee's Offering, Grantee shall provide $131,000 in programming grants and $18,000 in matching grants to area schools, institutions of higher education, libraries, churches, health and handicapped service agencies and the -32- North Hennepin Human Services Council to encourage access and community programming. D. Interface Equipment. , As set forth specifically at Form VII, Section B, pages 41 -42 in Grantee's Offering, Grantee shall provide $231,000 for interface equipment necessary to access the cable system to non- profit institutions such as area city and government buildings, schools, higher education institutions, the Community Access Corporation, hospitals and health care facilities, community centers and /or senior centers, and libraries. E. Equipment Grant. As set forth specifically at Form IX -A -37 Grantee shall provide $150,000 to educational institutions as designated in its Offering. F. Grant Assistance. Grantee shall provide assistance in grant writing and proposal development for obtaining programming funds from other sources. . G. Promotion, Workshops. Grantee in cooperation with Grantor, shall conduct a promotional outreach program to identify and contact potential users of the cable system and create an awareness of access television. Grantee shall utilize a cable newsletter, personal interviews, speaking engagements, cablecast and other media advertisements. Programming and video training workshops shall be provided on a continual basis free of charge. These workshops 'shall be offered to public institutions, community groups, government officials and other groups of interested _ citizens. 6.05 Services to Non- Profit Institutions. Grantee shall provide the following or equivalent support for non- profit institutions: A. Grantee shall provide a free drop and free service (excluding premium services) to both the Institutional Communications Network and Home Subscriber Network to all city halls, civic centers, community centers, city police and fire departments, municipal courts, libraries, public and parochial schools, school district -33- t dm• a inistration buildings, institutions of higher education or special education, private schools, hospitals, health care facilities, designated senior citizen centers and newspapers. B. Grantee shall provide a free institutional drop and free institutional service upon request to any non - profit institution or organization within the initial cable service territory. C. Any internal wiring requested by a non - profit institution shall be charged at Grantee's cost on a time and materials basis. D. Grantee shall provide free engineering assistance to incorporate existing facilities into the cable system. E. Grantee shall provide 36 channels on its Home Subscriber Network for exclusive and shared access by community institutions. Grantee shall allocate 20% of its Institutional Communications Network to needs of educators, and an additional 20% of the IGN- to other non - profit users, including public libraries, city halls, health facilities, police and fire stations. F. Grantee shall provide each City a discrete access channel to communicate its specific concerns to its citizens. Each city hall shall receive a character generator, video modulator /demodulator package, and an interactive TOCOM or comparable terminal. At the discretion of Northwest cities, Grantee - shall designate the Government Access Channel 7 as an emergency channel for use by government and public safety officials in time of emergency. Grantee shall also encourage and assist public safety agencies and departments in providing safety tips, crime prevention techniques, and self - protection training via the cable system. G. Grantee shall provide "SAFETY -CAM" service to cities, outfitting four fire and pollee emergency vehicles with portable television equipment capable of directly accessing the return cable transmission of the Home Subscriber Network. -34- j H. Grantee shall provide free security monitoring services to all educational institutions and governmental institutions electing to purchase the service for all facilities designated by them. Grantee shall further provide central police and fire facilities with hard copy printers to monitor alarms received by the cable security center, should they desire to so monitor. s -35- ARTICLE 7. CONSTRUCTION PROVISIONS 7.01 In itial Service Area. The "initial service area" is defined to include the entire' cities of Brooklyn Center, Crystal, Golden Valley, New Hope, Osseo, and Robbinsdale, and those parts of Maple Grove, Brooklyn Park, and Plymouth that are not designated as line extension areas in Grantee's Offering. 7.02 Construction Timetable. Grantee's construction timetable (submitted in conjunction with a map for the initial service area Exhibit 1 and made a part of this Franchise) reflects the method and schedule of construction of the System. The plan of Grantee will reflect the following: A. Within 90 days of the granting of the Franchise, Grantee shall apply for all necessary governmental and utility permits, licenses, certificates and authorizations. e e B. All engineering and design shall be completed within one year after the granting of this Franchise. C. Grantee shall make a good faith and diligent effort ` to obtain all necessary permits and clearances. Grantee shall commence System construction within four (4) months of the effective date of this Franchise. If, after six (6) months of the effective date of this Franchise, Grantee has not commenced system construction, subject to the procedural provisions of Section 10.03, Grantor may impose the penalty in Section L(a). below for each day the Grantee fails to initiate system construction. Grantee may adjust its date of commencement of construction dam upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable. For any schedule delay that may occur, the burden of proof shall be on the Grantee to demonstrate that such delay was beyond its reasonable control or was -3 6- i decrease in Franchise term per day for each day, or part thereof, such failure occurs or continues. (b) Revocation of Grantee's performance bond shall occur in the event that construction 0 the system is not commenced within one year of the effective date of the Franchise; or if Grantee's construction schedule of 22 months as set forth above is exceeded by one year or more. (c) Grantor further reserves the right to revoke this Franchise, and all rights and privileges pertaining thereto in the event that the commencement of the construction schedule, the one -year scheduled construction, or the completion of the construction as set forth in Paragraphs C, D, and E of Section 7.02 is delayed for over 18 months. J. Act of God Provision. The requirements of this section be waived by the Grantor upDn the occurrence of unforeseen events, acts of God, or events out of the reasonable control of Grantee. 7.03 Line Extension Policy Residents of the Cities who do not fall within categories described in Section 7.02 shall have the right to receive service, provided they assume responsibility for the extra installation costs involved over and above the current average installation costs associated with areas within the franchise territory which have reached the 35 dwelling unit per mile threshold. - A. Grantee shall serve at rates set forth in Exhibit 2 all areas which contain 35 or more dwelling units per cable mile. -38- B. Grantee shall extend cable service to areas where densities are between 20 and 35 homes per mile at'the following additional cost per installation: Additional Cost Density Miles Per Installation 30 to 34 $30.00 25 to 29 $50.00 20 to 24 $70.00 C. Where densities are 19 or less homes per mile, Grantee shall serve those subscribers on a cost sharing basis between the system and the subscribers on a graduated basis as follows: Percentage of Cost Cost Paid° Cost Paid Density /Miles by Northern by Subscribers 15 to 19 60% 40% 10 to 14 50% 50% 5 to 9 40% 60% 0 to 4 30% 70% D. Subscribers electing to receive cable under the extension plan will be eligible for a pro rata refund depending on number of additional subscribers taking service during the 24 months. following activation of service to each extension area. E. Any request for service in the line extension area shall be served in six months or less after construction of the initial service territory is completed. 7.04 Permits. Grantee shall obtain the necessary permits from the applicable city before commencing construction of System in that city, including the opening, or disturbance of any street. If Grantee fails to meet the conditions of any required permit, in addition to any penalties that may be imposed by reason of this Franchise, it may be subject to the remedies available to the city wherein the violation occurred. _30_ 7.05 Right of Inspection of Construction. Grantor shall have the right to inspect all construction or installation work performed subject to the provisions of this Franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this 8 Franchise and other pertinent provisions of law. 7.06 Construction Codes. Grantee shall adhere to all building and zoning codes currently or hereafter in force in Cities. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to not unnecessarily interfere with the usual and customary trade, traffic, or travel upon the streets and public places of the franchise area or endanger the lives or property of any person. In the event of such interference, Grantor or affected city may require the removal of Grantee's lines, cables and appurtenances from the property in question. 7.07 Repair of Streets Any and all streets which are disturbed or damaged during the construction, operation, maintenance or reconstruction of the System shall be promptly repaired by Grantee, at its expense and to the satisfaction of affected city. 7.08 Erection of Poles Prohibited Grantee shall not erect, for any reason, any pole on or along any street in an existing aerial utility system. If additional poles in an existing aerial route are required, Grantee shall negotiate with the utility for the installation of the needed poles. Any such addition shall require the advance written approval of affected city. Grantee shall negotiate the lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. Grantor shall assist in arriving at equitable pole rental agreement. 7.09 Undergrounding of Cable The undergrounding of cables is encouraged, and shall be accomplished at Grantee's expense when required. Further, undergrounding shall be accomplished by Grantee according to each applicable city ordinance or building code. In anv event, cables shall be installed underground at Grantee's cost where existing utilities are alreadv under= -round. Previously nstalled aerial cable s y ab e hall be undergrounaed _40_ a in concert, and on a cost - sharing basis, with other utilities, when such other utilities may convert from aerial to underground construction. The following specific policy of Grantee shall be adhered to by Grantee: Grantee shall construct underground cable when: 1) the existing utilities are already underground 2) the utilities are planning to go underground within the next four (4) year. period 3) Grantee is unable to get pole clearance in certain areas 4) underground easements are obtained from developers of new residential areas 5) other utilities are changing from overhead to underground Grantee will work with developers and other utilities during the construction phase of new housing in the scheduling of work and in planning the manner in which it is to be done so to be able to cost share and to mutually benefit. Grantee will prewire or postwire all new residential and bulk dwelling units under construction free for the first two (2) outlets with additional outlets charged at cost. Also, for all streets where the utilities and cable are overhead, Gr ^ntee will go underground with individual drops at cost if the residents prefer this to an aerial drop. Grantee's policy is to use conduit on 100% of undergrounding. Grantee's specification policy for the use of conduit is as follows: (1) PVC conduit is used in every instance' where the cable is: either placed under or cut into asphalt, concrete or rocky shaley soil. (2) PVC conduit is used in all areas where concrete or asphalt is proposed. (3) Polyethylene conduit is used in areas where good chemical stability and moderate crush resistance are needed. O Grantee � for ra tee opens trenches or all underground construction. -41- t F The capital costs for all new construction assume the build to be underground. All system extensions in years 3 to 10 will be underground if the Cities so desire. In addition to the foregoing provisions and policy as to undergrounding, Grantor shall install amplifiers and pedestals in areas of underground installation only within street at the required setbacks of the applicable city unless that city provides its approval pursuant to a request of Grantee. 7.10 Reservations of Street Rights Nothing in this Franchise shall be construed to prevent Cities from constructing sewers, grading, paving, repairing and /or altering any street, or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, condu, rnrs, pipes or appurtenances of Grantee. If any such property of Grantee herein shall interfere with the construction or repair of any street or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of a street or any other public improvement, all such poles, wires, conduits or other appliances and facilities shall be removed or replaced in such manner as shall be directed by the affected Cities so that the same shall not interfere with the said public work of such Cities, and such removal or replacement shall be at the expense of Grantee herein. 7.11 Trimming of Trees Nothing contained in this franchise shall be deemed to empower or authorize Grantee to cut or trim any trees, ornamental or otherwise, in any of the streets, alleys or public highways, but Grantee may cut or trim trees as necessary only pursuant to a prior agreement with the owner of property which is adjacent to the street area in which such tree stands. 4.12 Street Vacation or Abandonment In the event any street or portion thereof used by Grantee shall be vacated by a City or the use thereof discontinued by Grantee, during the term of this Franchise, Grantee shall forthwith remove its facilities therefrom -42- 4 unless specifically permitted to continue the same, and on the removal thereof restore, repair or reconstruct the street area where such removal has occurred, and place the street area where such removal has occurred in such condition as may be required by the affected Cities. In the event of failure, neglect or refusal of Grantee, after thirty days' notice by any Cities to repair, improve or maintain such street portion, affected Cities may do such work or cause it to be done, and the cost thereof as found and declared by affected City shall be paid by Grantee as directed by affected City and collection may be made by Court action or otherwise. Any such costs incurred by any Cities and collected by Grantor shall be forwarded by it to Cities incurring such costs. 7.13 Movement of Facilities In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles, or other facilities placed pursuant to the franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets of Cities, Grantee, upon reasonable notice from the affected City, shall move at the expense of the person requesting the temporary removal such of his facilities as may be required to facilitate such movements. -43- T ARTICLE 8: OPERATION AND MAINTENANCE E� ANCE 8.01 Open Books and Records Grantee shall maintain an office within the Grantor and manage all of ils operations in accordance with a policy of totally open books and records. Grantor and Cities shall have the right to inspect at any time during normal business hours all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results and other like materials of Grantee which relate to the operation of this Franchise. Access to the aforementioned records shall not be denied by Grantee on the basis that said records contain "proprietary" information, and Grantor shall, in its sole discretion determine- whether or not any such records are proprietary. Grantee shall not be required to disclose any information regarding research and development, notwithstanding the foregoing. 8.02 Communications with Regulatory Agencies Copies of all petitions, applica- tions, 'communications and reports submitted by Grantee to the Board, FCC, Securities and Exchange Commission or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting cable communications systems operations authorized pursuant to this Franchise shall also be submitted simultaneously to Grantor. Copies of responses from the regulatory agencies to Grantee shall likewise be furnished simultaneously to Grantor. Upon request of any affected member City, Grantor or Grantee shall provide the information requested. 8.03 Annual Reports A. Grantee shall file with Grantor, at the time of its annual payment of the franchise fee, as described in this Franchise, the following: (l) A financial statement prepared by an independent certified public accountant, showing, in such detail as acceptable to Grantor, the gross operating revenues of Grantee for the preceding fiscal year. -44- (2) Current list of names and addresses of each officer and director and other management personnel, as well as each shareholder of Grantee. (3) A copy of each document filed with all federal, state and local agencies during the preceding fiscal year and not previously filed with Grantor, (each of these filings shall be provided at the time the filing is made). (4) A statement .of its current billing practices. (5) A current copy of its rules. (6) A current copy of its subscriber service contract. B. Grantor and its agents and representatives shall have authority to arrange for and conduct an audit of and copy the books and records of Grantee. Grantee shall first be given five (5) days notice of the audit request, the description of and purpose for the audit and description, to the best of Grantor's ability, of the books, records and documents it wants to review. 8.04 Monitoring and Compliance Reports No later than April 15 of each year, Grantee shall provide a written report of the FCC performance tests for the Home Subscriber Network required in Part 76, of FCC Rules and Regulations. In addition, Grantee shall provide for Grantor, in accordance with Section 5.10, reports of the tests and compliance procedures established by this Franchise, no later than 10 days after the completion of each series of tests. 8.05 Additional Reports Grantee shall prepare and furnish to Grantor at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, which in the sole discretion of the Grantor are necessary. Any such reports shall be furnished to an affected City upon request. 8.06 Maintenance and Complaints A. Grantee shall maintain an office within the Cities' regulatory territory which shall be open during all usual business hours, have a publicly listed toll - free -45- telephone, and be so operated as to receive subscriber complaints regarding quality of service, equipment malfunction, billing disputes, and other matters and requests for repairs or Etd}ustments on a 24- hour -a -day basis. A written or computer log in a form approved by Grantor shall be maintained by Grantee listing all complaints and their dispositions. A copy of such log shall be furnished to a City as requested by that City. B. Grantee shall maintain a repair force of technicians capable of respond- ing to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service. C. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the System. A written computer log shall be P g maintained for all service interruptions. D. A report of each complaint and repair performed shall be available to each affected City and Grantor within one week of such complaint or repair. E. Grantor shall ensure that all subscribers, programmers and members of the general public have recourse to a public hearing, before the Grantor, of any complaints, where there is evidence that Grantee has not settled the complaint to the satisfaction of the person initiating the complaint. 8.04" Safetv A. Grantee shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public or to employees of Grantee. -46- - B. Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of all applicable codes and in such manner that they will not interfere with any installations of affected City or any public utility. C. .All lines, equipment and connections in, over, under, and upon the streets and private property within the Cities, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. 8.08 Service Contract and Subscriber Information. A. Grantee shall receive approval from `Grantor of the form and content of the service contract to be used by Grantee prior to entering into any such service contracts with subscribers, and the Grantee shall make no changes in the approved service contract without prior approval of Grantor. The subscriber shall receive, at a minimum, a schedule of all rates and charges, description of services, instructions on the use of the System, billing and collection practices, installation procedures and description of specific installation of drops for the subscriber. B. Grantee's policy regarding subscriber service shall be as follows: Grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided, that nothing in this Franchise shall be deemed to prohibit the establishment of special contracts for persons sixty--two (62) years of age or older who are heads of households, non- profit organizations, home- bound, handicapped who are heads of households, or bulk rate discounts for multiple dwellings. -47 C. Grantee shall have authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable 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 such rules, regulations, terms and conditions shall not be in conflict with the provisions of the Franchise, ordinances of Cities, and laws of the State of Minnesota or the United States and all applicable rules and regulations. D. Each subscriber shall be provided with instructions on filing complaints or otherwise obtaining information or assistance from Grantee. E. All items described in this section -shall be provided to each new subscriber at the time a contract is entered or service begun, and to all existing subscribers not less than once each year. F. The term of a subscriber contract shall not be for more than twelve (12) months duration unless after twelve (12) months the contract may be terminated by the subscriber at his option at any time, with no penalty to subscriber. Nothing in this paragraph shall exclude Grantee from entering into subscriber contracts, by reason of a line extension policy for a term longer than twelve (12) months. 8.09 Subscriber Practices A. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, Grantee may disconnect the subscriber's service outlet, provided, however, that such disconnection shall not be effected until after the later of (i) forty -five (45) days after the due date of said delinquent fee or charge or (ii) ten (10) days after delivery to subscriber of written notice of the intent to disconnect. If a subscriber pays before p � expiration of the later of (r) or (ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent -48- fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the subscriber's cable service. B. Refunds to subscribers shall be made or determined in the following 4: manner: i (l.) If Grantee fails, upon request by a subscriber, to provide any z service then being offered, Grantee shall promptly refund. all deposits or advance charges paid for the service in question by said subscriber. This I provision does not alter Grantee's responsibility to subscribers under any separate contractual agreement or relieve Grantee of any other liability. i (2) If any subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such subscriber the proportionate share of the charges paid by the subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. C. If any subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by Grantee. D. Grantee's policy regarding subscriber service shall be: Grantee shall not deny service for any reason to any subscriber who has requested cable service and _ who is not financially delinquent in payment. Continued failure by Grantee to provide cable service to a subscriber for a period of over 6 months may be cause, in the discretion of Grantor, for forfeiture of monies from the security fund, unless due to circumstances beyond the control of Grantee and so demonstrated by Grantee. -49- 8.10 Rates and Other Charges A. All regulatable rates and charges shall be subject to regulation by Grantor, in a Tanner to be provided by it. In the absence of any Grantor action taken to exercise rate regulation, Grantee shall be subject to the rate regulation provisions provided for herein, and of the State or its agencies that may from time to time be applicable. B. The territory for rates applicable to System shall be all Cities then parties to a joint powers agreement relating to the system, as reflected in the map, Exhibit 1. C. Rates and charges charged by Grantee for monthly service and installa- tion and other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). In addition, the standards to be considered by Grantor in Sections 8.11 D 1 -13 shall be applicable in the establishment of rates under this Section. D. Rates and charges are included in Exhibit 2. Grantee shall maintain rates for all services constant or st ant until the beginning of the fourth (4th) year of operation. This guarantee applies to installation charges, pay - cable, all service tiers, commercial charges and any other rate or charge of Grantee for its services ' pursuant to this Franchise. Commencement of operation of the System occurs when the first residential areas begin receiving cable service from each of the four hubs described in the Grantee's Offering. Grantee shall notify Grantor of commencement of operation of the System and Grantor may verify this. Any dispute as to the date shall be resolved by Grantor in its sole discretion. After commencement of -50- t operation, construction shall continue on .a steady and regular basic making service available consistent with Grantee's Offering. E. Pav -cable "additional services ". Federal rules currently restrict municipal regulation of rates to all subscriber services provided by Grantee, including the delivery of broadcast signals, covered by the regular monthly charge paid by all subscribers, excluding optional services for which 'a separate charge is made. In the event such regulation is changed, Grantor and Grantee shall renegotiate all the terms of regulating pay -cable and /or additional services. F. Notwithstanding the previous paragraph, Grantee may offer both its initial and additional installation services to subscribers at uniformly applied reduced rates. G. Service requests for maintenance or repair" of the System shall, be performed at no charge to a subscriber. Grantee reserves the right to assess an appropriate charge for damage to the System caused by a subscriber. The cost of time and material for repair or replacement shall constitute appropriate charges. 8.11 Rate Changes A change in any regulatable rate, when not inconsistent with applicable requirements of the FCC, the Board, or other lawful authority, may be initiated by Grantor or Grantee. Any such rate change shall be subject to approval by Grantor in accordance with the provisions of this Article and the following paragraphs: A. No rate change may be made without approval of more than 75% of directors of Grantor. B. No rate change shall be approved that would result in different rates or charges for service to similarly situated subscribers in the rate territory in the sole opinion of Grantor. -51- i C. No rate or charge change will be approved unless all of the standards and prerequisites for review have been met and complied with and determinations have i been made, all pursuant to this section. D. The standards for reviewing a proposed rate change will include at least the following except when the change is required of Grantee by FCC or Board action and further review is not deemed applicable by Grantor: (1) The ability of Grantee to render System services and to derive a reasonable profit therefrom under the existing rate schedule and proposed rate schedule; (2) The revenues and profits derived from System services; (3) The efficiency of Grantee; (4) The quality of the service offered by Grantee; (5) A fair rate of return on net investment (original cost less accrued depreciation). In no event shall overruns of original construction cost estimates for the initial service area be used in determining the net investment. Further, regard to the initial service area, rate changes based on interest in excess of those interest rates described in Grantee's offering and /or specifically described in its offering at Form III -A -11 and Form III -A -12; (6) A fair rate of return with respect to investments having similar risks to that of providing cable communication services; (7) The extent to which Grantee has adhered to the terms of this Franchise; (8) Fairness to residents and subscribers; (9) Capital expenditures by Grantee in providing updated technology and service to subscribers; -52- • (10) Grantees performance -in support of the Community Access Corporation; (11) Recognition of the fact that Grantee's Offering projects losses and /or less than adequate profits during the initial 4 years of operation due to the start up period requirements. The need to recover start up losses and /or to offset 'inadequate initial return on investment will be considered in assessing a request for rate adjustment. In no event shall overruns of original construction cost estimates for the initial service area be used in determining the net investment; (12) In any proceeding, the Grantor may exclude from the accounts of Grantee any payment or compensation to Parent or an affiliated interest for any services rendered or property or service furnished unless Grantee shall establish the reasonableness of such payment or compensation. In such proceeding, the Grantor shall disallow such payment or compensation, in whole or in part, in the absence of satisfactory proof that it is reasonable in amount. In such proceeding, any payment or compensation may be disapproved or disallowed by the Grantor, in whole or in part, unless satisfactory proof is submitted to the Grantor of the cost to the parent affiliated interest of rendering the service or furnishing the property or service. The one percent (1%) fee paid to Grantee's parent corporation as outlined in its Offering is presumed reasonable; (13) Such other factors as Grantor may deem relevant. E. The procedures to be followed in changing a rate or charge shall include at least the following: (1) A proposal for a rate change will be submitted to Grantor, and a copy filed with the Board. -53- a (2) The proposal shall be supported b statistical and other proof Y p f indicating that the existing rate or charge is inadequate and unreasonable and that the proposed changes are required and will - enable the Grantee to render service to fulfill its obligations under this Franchise and to derive a reasonable profit therefrom. (3) The Proposal shall include (or Grantee shall provide at the request of Grantor) current information and financial information with at least the following from Grantee or its parent company concerning the cost of serving the rate territory: a. Balance Sheet; b. Income Statement; C. Statement of sources and applications of funds; d. Detailed supporting schedules of expenses, income, assets and other items as may be required by Grantor; e. Statement of current and projected subscribers; f. A current list of rates and charges of Grantee applicable to its System or owned or operated by its parent corporation or other subsidiaries or affiliates of its parent corporation. g. A current list of rates and charges for other systems in the seven county metropolitan area. (4) Grantor will notify the Grantee and schedule a public hearing on the request within six (6) weeks from the date of receipt of the application and the determination by Grantor of its completeness. Grantor may extend time for receipt of evidence and hiring and reporting of consultant for a period of up to 4 months. Grantee will notifv the public through providing notice for one (1) cv ^. O eek, each day between , .00 p.m. and 9:00 p.m. on two (2) channels -54- regularly viewed on all levels of service, of the date, place and time of the hearing. Grantor will publish notice ten (10) days prior to hearing in its official newspaper. . (5) After closing the public hearing, Grantor will have sixty (60) days within which to make its determination. Any approved change in rates or charges shall become effective upon the date determined by Grantor. (6) if Grantor fails to approve the requested change of rates or charges within the sixty (60) day period, Grantee may appeal pursuant to the then applicable procedures of the Board. F. Grantor may utilize a rate consultant to advise it on proposed rate changes and to assist it in maintaining uniform rates within the rate territory. Grantor shall seek input from Grantee in selecting such consultant. Grantor shall have sole discretion in selecting a consultant to properly evaluate and analyze rates and charges for a reasonable cost. G. All costs for the review of an application for a rate or charge change shall be paid by Grantee upon demand of Grantor. The cost.shall include, but not be limited to, attorneys' fees, and the reasonable value of services (as determined by Grantor) rendered by Grantor or any of Grantor's employees, agents or representa- tives. H. Any time limit -may be waived only if Grantor and Grantee consent. 8.12 Periodic Reviews and Evaluation and Upgrading The field of cable communications is a relatively new and rapidly changing one which will see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for a maximum degree of flexibility in this Franchise, and to help achieve a continued advanced and modern system, the foflowing evaluation provisions will apply: -55- A. Grantor reserves the right to adopt rules an g p d regulations controlling . the procedures and subjects for periodic reviews and evaluation. In the absence of any Grantor action a taken to exercise these rights, Grantee shall be subject to at least the procedures and subjects described in this section. B. Grantor may require, at its sole discretion, System performance evalua- tion sessions at any time during the term of this Franchise or as required by federal or state law.. At a minimum, such evaluation sessions shall be conducted by Grantor within 30 days of the third, fifth and tenth anniversary dates of the effective date of this Franchise. C. All evaluation sessions shall be open to the public and notice of sessions published in the same way as a legal notice. Grantee shall further notify its subscribers of all evaluation sessions by announcement on at least two channels to be selected by Grantor of the System between the hours of 7:00 p.m. and 9 :00 p.m. for five consecutive days preceding each session. D. To assist in review and evaluation, Grantor shall enlist an independent consultant to conduct an analysis of the system and its performance and to submit a report of such analysis to the Grantor. Grantor shall seek input from Grantee in selecting a consultant for a reasonable cost. Grantor shall have sole discretion in selecting a consultant. All consultant fees and costs shall be paid by Grantee. E. Topics which may be discussed at any evaluation session may include, but are not limited to, service rate structures, franchise fee, penalties, free or discounted services, application of new technologies, system performance,. services provided, programming offered, community access, local origination, customer complaints, privacy, amendments to this Franchise, judicial, Board and FCC rulings, line extension policies, insurance and Grantee or Grantor rules. -56- t F. During review g and evaluation by Grantor, Grantee . shall fully coopera te with Grantor and shall provide without cost such information and documents as Grantor may request to reasonably perform the service. G. If at any time during its review, Grantor determines that reasonable evidence exists of inadequate System performance, it may require Grantee to perform tests and analyses directed toward such suspected' inadequacies at the Grantee's own expense. Grantee shall fully cooperate with Grantor in performing such testing and shall prepare results and a report, if requested, within 30 days after notice. The report prepared by Grantee shall include at least: 1) A description of the complaint of inadequate System performance which precipitated the special tests. 2) What System component was tested. 3) The equipment used and procedures employed in testing. 4) The method, if any, by which such System performance problem was resolved. 5) Any other information pertinent to said tests and analyses which may be required by Grantor, or determined when the testis performed. Grantor may require that tests be supervised at Grantee's expense by a consultant. Grantor shall seek input from Grantee in selecting such consultant for a reasonable cost. Grantor shall have sole discretion in selecting such consultant. The consultant + shall sign all records of special tests and forward to Grantor such records with a report interpreting the results of the tests and recommending actions to be taken. H. As a. result of a periodic review or evaluation session, Grantor may require Grantee to modify the System or to provide additional services. Grantee will comply with any such requirement of the Grantor unless technology does not permit it, or Grantee establishes to the satisfaction of Grantor that the cost would -57- prohibit the implementation of the modification or the additional services. Failure of Grantee to upgrade or modify its System or to provide additional services when requested by Grantor or some other reasonable period of time mutually agreed upon by the parties shall be grounds for forfeiture of monies from the security fund, unless due to reasons beyond the reasonable control of Grantee and so demonstrated by Grantee. 8.13 Refunds to Subscribers and Programmers A. If Grantee fails to provide any available service provided for in its Offering requested by a subscriber or programmer, Grantee shall, after adequate notification and being afforded the opportunity to provide the service, promptly L refund all deposits or advance charges paid for the service in question by said f subscriber or programmer. B. If any subscriber terminates any monthly service during the first twelve (12) months of said service because of the failure of Grantee to render the service in accordance with the standards set forth in this Franchise, Grantee shall refund to _. such subscriber an amount equal to the installation charges paid by the subscriber multiplied by the fraction of the twelve (12) month period for which tale subscriber will not be receiving service.. In the event that said subscriber has made an annual payment in advance, a similar portion of said payment shall be refunded by Grantee. C. • If any subscriber terminates, for any other reason, any monthly service prior to the end of a prepaid period, a prorated portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by Grantee. -58- ARTICLE 9. COMMUNITY ACCESS CORPORATION PROVISIONS 9.01 Grantee Cooperation Grantee shall cooperate with Grantor in the establish - ment and maintenance of an independent, non - profit corporation, termed the Community Access Corporation (hereinafter "CAC"). If Grantor establishes a non - profit corporation, it may appoint a separate Board of Directors to conduct the affairs of such corporation. s 9.02 Functions of the Community Access Corporation The CAC shall be accountable to the Grantor and shall have at least the following functions: A. Responsibility for program production for and management of the Public Access Channel of the Home Subscriber Network, the Community Channel of the Closed- Circuit Network and all other access channels as may in the future be designated for CAC purposes by the Grantor, CAC or Grantee. The day - today operation of these Channels shall be the responsibility of Grantee, in accordance . with Board rules; B. To assure that these Channels are made available to all residents of the Cities on a non - discriminatory, first -come first -serve basis; C. To assure that no censorship or control over program content of these Channels exists, except as necessary to comply with Board rules; D. To devise, establish and administer in conjunction with Grantee all rules, regulations and procedures pertaining to the use and scheduling of these channels; E. 'To prepare, in conjunction with Grantee, such regular or special reports as may be required or desirable; F. To make all purchases of materials and equipment that may be required provided that the CAC obtains input from Grantee as to compatibility with the cable system. G. To develop additional sources of funding, such as foundation or federal or state grants, to further community programming; -59- H. To perform such other functions relevant to the channels as may be appropriate. - 9.03 Public Aecess Rules. Grantee shall cooperate with the Board of Directors of the CAC in formulating a set of rules for the use of the Public Access and Community Channels. The rules shall be confirmed by a contractual agreement between CAC and Grantee. The rules shall, at a minimum, provide for: A. Access on a first -come, first - served, nondiscriminatory basis for all residents of the Cities; B. Prohibition of advertising for paid commercial or paid political purposes, as defined by the Board and the FCC; C. Prohibition of any presentation of lottery information, obscene or indecent material; D. Public inspection of the log of producers, which shall be retained by Grantee for a period of two years; E. Procedures by which individuals or groups who violate any rule may be prevented from further access to the channel; and F. Free use of such reasonable amount of channel time, cablecasting facilities and technical support as are provided for in the agreement between CAC and Grantee. 9.04 Fundinff for the CAC The CAC shall obtain funding from Grantee through Grantor. Such funding shall be a percentage of the franchise fees collect' e'd by Grantor and shall be distributed by Grantor in an amount determined by Grantor after a review of the budget and activities of the CAC. 9.05 Grantee Support for the CAC Grantee shall provide ongoing cooperation with and support to the CAC, including technical and operational personnel and high quality cablecasting studio facilities for the use of Grantor and the CAC. This studio shall be -60- separate from the facilities used by Grantee for local origination, although it may be housed in the same building. Equipment in this studio shall be comparable to that used by Grantee for local origination. 9.06 Participation in CAC by City after Withdrawal from Commission Upon withdrawal from the Commission, any withdrawing City has the option of continuing participation in the CAC. To continue participation in the CAC, a withdrawing City shall contribute its pro -rata share of the costs of the CAC as determined by the Board of Directors of the CAC. In the event a withdrawing City elects not to participate in and contribute to the CAC, such withdrawing City shall forfeit its membership and right to assets realized or unrealized including gifts, grants, and profits of the CAC not yet received. -61- ARTICLE 10. GENERAL FIN 1 , ANCIAL AND INSURANCE PROVISIONS 10.01 Pavment to Grantor A. As compensation for the Franchise to be granted, and in consideration of e permission to use the streets and public property of the Cities for the construction, operation, maintenance and reconstruction of a System within the Cities, and to defray the costs of franchise regulation, and to support community programming through the CAC, Grantee shall pay to Grantor an annual amount equal to five percent (5 %) of Grantee's Gross Annual Revenues. Grantee agrees to support any waiver required by the FCC for the established franchise fee. This franchise fee may be the subject of renegotiation at such time as federal or state authorities no longer regulate the amount of the fee. But, in no event shall this fee be less than 5 %. - B. Payments due Grantor under this provision shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after the dates listed in the previous sentence. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by Grantor. C. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim Grantor may have for further or additional sums payable under the provisions of this permit. All amounts paid shall be subject to audit and recomputation by Grantor. D. Following the issuance and acceptance of the Franchise, Grantee shall initiate franchise fee payments to Grantor at the minimum amount of $100,000.00 per year payable in quarterly installments. These payments are to be considered -62- T advances of a meats due i p y d n later years of the Franchise inasmuch as they exceed the actual franchise payments due during any year. E. Grantor shall collect all fees paid by Grantee; provided that upon withdrawal from the Grantor a City shall collect directly from the Grantee all franchise fees due for the period of time after the effective date of its withdrawal. The minimum amount due Grantor as described in paragraph D shall be reduced by I $11,000 for each City which has withdrawn and Grantee shall pay each withdrawn City an amount proportionate to $11,000 per year to fulfill the requirements of this section. 10.02 Security Fund A. Within thirty (30) days after the effective date of the Franchise, Grantee shall deposit into a bank account established by Grantor and maintain on deposit through the term of this Franchise, the sum of $50,000.00 as security for the faithful performance by it of all the provisions of this Franchise, and compliance with all orders, permits and directions of Grantor or any Cities having jurisdiction - over its acts or defaults under this Franchise, and the payment by Grantee of any claim, liens and taxes due Grantor or any Cities which arise by reason of the construction, operation or maintenance of the system. Interest accrued on this deposit shall remain with the deposit as additional security unless after periodic review Grantor determines, in its sole discretion, to rebate all or part of the accrued interest or to reduce the required amount of the security fund. Provision shall be made to permit the administrator designated in this Franchise to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose.' . -63- B. Within thirty (30) days after* notice to it that an amount has been Y y withdrawn by Grantor from the security fund pursuant to subdivision (A) of this section, Grantee shall deposit a sum of money sufficient to restore such security fund to the original amount. C. If Grantee fails, after ten (10) days notice, to `pay to Grantor any taxes due and unpaid; or, fails to repay to Grantor, within such ten (10) days, any damages, costs or expenses which Grantor shall be compelled to pay by reason of any act or default of the Company in connection with this Franchise; or fails, after thirty (30) days notice of such failure by Grantor, to comply with any provision of the Franchise which Grantor reasonably determines can be remedied by an expenditure of the security, Grantor may withdraw the amount thereof, pursuant to Section 10.03 with interest, any penalties, from the security fund. Upon such withdrawal, Grantor shall notify Grantee of the amount and date thereof. 10.03 Procedure. A. Whenever Grantor finds that Grantee has violated one or more terms, conditions, or provisions of this Franchise, a written notice of alleged violation and the amount of proposed penalty to be assessed shall be given to Grantee. Grantee shall then have 10 days to respond to such notice and may, request an opportunity to be heard by Grantor before Grantor may withdraw any funds from the security fund. Upon receipt of request to be heard, Grantor shall provide Grantee an opportunity to be heard at the next regularly scheduled Commission meeting or call a special meeting for that purpose, and no funds shall-be removed from the security fund prior to the final disposition of the matter by the Grantor. B. The Security Fund deposited pursuant to this Section shall become the property of Grantor in the event that the Franchise is cancelled by reason of the default of Grantee or revoked for cause. Grantee, however, shall be entitled to the -64- return of such Security Fund, or portion thereof, as remains on deposit at the expiration of the term of the Franchise, or upon termination of the Franchise at an earlier date, provided that there is then no outstanding default on the part of Grantee. C. The rights reserved to Grantor with respect to the Security Fund are in o addition to all other rights of Grantor and Cities, whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such Security Fund shall affect any other right Grantor or Cities may have. 10.04 Relation to Other Penalties Exclusive of the contractual penalties set out above in this section, a violation of any provision of this Franchise is a misdemeanor and is enforceable by any affected City. 10.05 Bon us. > A. upon the effective date of this Franchise, Grantee shall take steps to obtain a bond effective prior to the commencement of Construction pursuant to this Franchise, and at all times thereafter, subject to the provisions of this Section, until Grantee has liquidated all of its obligations with Grantor. Grantee shall maintain with Grantor a bond in the sum of five hundred thousand dollars ($500;000.00) in such form and with such sureties as shall be acceptable to Grantor, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by Grantee and upon the further condition that in the event Grantee shall fail to comply with any applicable law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by Grantor and/or Cities as a result, including the full amount of any compensation, indemnification or cost of rempval of any property of Grantee, including a reasonable allowance for attorneys, fees and costs (with interest at two � ^ ^' ' percent (_ ;�) in excess of the then prime rate), up to the full amount -65- of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against Grantor and/or Cities or any public property which arise by reason of the construction, operation, maintenance or use of the System. B. The rights reserved by Grantor or Cities with respect to the bond are in addition to all other rights the Grantor or Cities may have under this Franchise or any other law. C. Grantor upon notice to Cities, may, in its sole discretion, reduce the amount of the bond, except that when a City is no longer a member, such withdrawn City's discretion may be exercised, as to the bond then applicable to that city. 10.06 Grantor reserves the right, in its sole discretion, to reward Grantee for prompt and good performance in the construction of the System. Grantor may allow a reduction in the amount of the bond to not less than $100,000 upon completion of construction of the System. In no event shall the total bond exceed $500,000.00. 10.07 Indemnification Damages and Defense A. Grantee shall indemnify and hold harmless Grantor and Cities, and their officers, boards, commissions, elected officials, agents and employees at all times during the term of this Franchise against any and all costs, damages, penalties, expenses, claims, suits, actions, liability and legal or equitable judgments for damages or other relief, as a result of the exercise of this Franchise. Damages and penalties shall include, but shall not be limited to, damages arising out of copyright infringement, defamation and all other damages arising out of the construction, operation, maintenance or reconstruction of the System authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise. B. Grantee shall pay all expenses incurred by Grantor and Cities in defending itself with regard to all damages and penalties mentioned in section (A) -66- above. These expenses shall include all out. -of- pocket expenses, such as attorney fees, and shall also include, the reasonable value of any services rendered by any employees of Grantor and /or Cities. 10.08 Liability Insurance A. Grantee shall maintain, throughout the term of this Franchise, separate liability insurance insuring both Grantee and Grantor and Grantor's delegations and Cities with regard to all damages mentioned in subsection A of the Section entitled "Damages and Defense" above, in the minimum amounts of: $500,000 for bodily injury or death to any one person; $2,000,000 for bodily injury or death resulting from any one accident; $500,000 for property damage resulting from any one accident; $500,000 for all other types of liability. Such insurance policy shall be exclusive and shah not cover any person or governmental units not named in this section. B. Upon the effective date of this Franchise, Grantee shall furnish proof to Grantor that a satisfactory insurance policy has been obtained. Said insurance policy shall be approved by Grantor and such insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with Grantor. Grantor reserves the right to change the coverage set forth in paragraph A of this section after review and evaluation as called for in this Franchise pertaining to periodic reviews and evaluations. -67- ARTICLE 11. REVOCATION. 11.01 Grantor's Right to Revoke In addition to any rights set out elsewhere in this Franchise, Grantor reserves the right to revoke this Franchise, and all rights and privileges pertaining thereto, in the event that: A. Grantee substantially violates any provision of this Franchise; or B. Grantee attempts to evade any of the provisions of the Franchise; or C. Grantee practices any fraud or deceit upon the franchising authority; or D. Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; or E. Grantee fails to receive a Certificate of Confirmation from the Board within six (6) months after the Franchise award unless extended by Grantor due to reasons beyond the control of Grantee as determined in the sole discretion of Grantor. Grantee shall have burden of roof to demonstrate that p at delay was beyond its reasonable control or was not reasonably foreseeable. Litigation or contested administrative proceedings, initiated by any person other than Grantee, based on the granting of this franchise shall be deemed beyond the control of Grantee. 11.02 Procedures A. Grantor shall provide Grantee with a written notice of the cause for termination and the intent to terminate and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation. B. Grantee shall be provided the right to a public hearing before Grantor. C. Upon termination, Grantee shall have a period of thirty (30) days subsequent to the date of the public hearing at which termination of the Franchise is considered, within which to file an appeal with the Board. -68- r D. During the appeal period, the Franchise shall remain in full force and effect. E. If the Board approves the action of the Grantor, the Franchise shall terminate immediately; if the Board disapproves the action of the Grantor, the Franchise shall remain in full force and effect during the term thereof, except as determined as a result of any other remedy pursued by either.party. F. The above procedure is subject to the current procedure for revocation as established from time to time by the Board. -69- t ARTICLE 12. FORECLOSURE, RECEIVERSHIP, AND ABANDONMENT 12.01 Foreclosure Upon the foreclosure or other judicial sale of all or a part of the System, or upon the termination of any lease covering all or part of the System, Grantee shall notify Grantor of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.02 Receivership Grantor shall have the right to cancel this Franchise one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expi -ation of said one hundred twenty (120) days, or unless: ` A. Within one hundred twenty (120) days after his election or appointment, such receiver or trustee shall have full complied y comp ed with all the .provisions of this Franchise and remedied all defaults thereunder; and, B. Such receiver or trustee, within said one hundred twenty (120) days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. 12.03 Abandonment Grantee may not abandon any portion of the System without having given three (3) months prior written notice to Grantor, Cities and the Board. Further, Grantee may not abandon any portion of the System without compensating Grantor and/or Cities for damages resulting frcm the abandonment. The amount of damages resulting from abandonment shall be determined by Grantor. - i 0- ARTICLE T 13. PURCHASE OF SYSTEM 13.01 Grantor Rizht to Purchase System upon Receipt By Grantee of a Bonafide Offer Grantor shall be entitled to a . right of first refusal of any bona fide offer to purchase the system made to Grantee. Bona fide offer as used in this section means an offer received by Grantee that it intends to accept. In the event Grantor decides to purchase pursuant to this section, the price shall be current market value or bona fide offer, whichever is less. 13.02 Procedures In the event Grantor elects to exercise its right to purchase the System as provided in Section 13.01, the following shall then apply: A. Grantor and Grantee shall negotiate all terms and conditions of the purchase of the System. B. If Grantor and Grantee cannot agree upon the terms and conditions of the purchase, Grantor shall have the right to proceed to arbitration. Arbitration shall commence and proceed according to applicable Minnesota law except as follows: 1) The parties shall, within fifteen (15) days of Grantor's decision to proceed to arbitration, appoint one arbitrator each who is experienced or knowledgeable in the field of cable communications systems and purchase and valuation of business property. Arbitrators shall each agree upon the selection of °a third arbitrator, similarly qualified, within fifteen (15) days after appointment of second arbitrator. 2) Within thirty (30) days after appointment of all arbitrators'and upon ten (10) days written notice to parties, the arbitrators shall commence a hearing on the terms and conditions of the purchase in dispute. 3) The hearing shall be recorded and may be transcribed 'at the request of either party. All hearing proceedings, debates and deliberations -71- shall be open to the public and at such times and places as contained in the notice or as thereafter publicly stated in the order to adjourn. 4) ° The arbitration panel shall be required to determine the purchase price of the System according to the standards established in paragraph C below. 5) At the close of the hearings and within thirty (30) days, the arbitrators shall prepare written findings and make a written decision agreed upon by a majority of the arbitrators which shall be served by mail upon Grantor and Grantee. 6) The decision of a majority of the arbitrators shall be binding upon both parties except that Grantor may, in its sole discretion and without any penalty .or cost to Grantor of any kind, withdraw its offer to purchase within ninety (90) days of receipt of the final decision of a majority of the arbitrators. 7) Either party may seek judicial relief to the extent authorized under Minnesota Statutes, Z.S.A. 572.09 and 572.19 as the same may be amended, and, in addition, under the following circumstances: (a) A party fails to select an arbitrator; (b) The arbitrators fail to select a third arbitrator; _ (c) One or more arbitrator is unqualified; (d) Designated time limits have been exceeded; (e) The arbitrators have not proceeded expeditiously; or (f) Based upon the record, the arbitrators abused their discretion. S) In the event a Court of competent jurisdiction determines the arbitrators have abused their discretion, it may order the arbitration -72- procedure repeated and issue findings, orders and directions, with costs of suit to be awarded to the prevailing party. 9) Cost of arbitration shall be borne equally. C. The purchase price of the System to be paid by Grantor shall be the terms of the bona fide offer or current market value exclusive of the value attributed to the franchise itself, whichever is less. D. Grantee expressly waives its rights, if any, to relocation costs that might otherwise be provided by law. E. The date of valuation shall be no later than the date Grantor makes a written offer for the System. 13.03 Purchase By Grantor Upon Termination of Franchise Term or Revoc of Franchise. A. The Grantor may in lawful manner and upon the payment y p p y of a fair . valuation lawfully ascertain, purchase, condemn, acquire, take over and hold the property and plant of the Grantee in whole or in part 1) If such purchase or taking over be upon revocation of the Franchise such valuation shall not include any sum for the value of the Franchise and such plant and property shall be valued according to its book value at the time of revocation of initial cost less depreciation and salvage. _ 2) If such purchase or taking over be at the expiration of the Franchise, such valuation shall be at fair market value, exclusive of the value attributed to the franchise itself. 3. In the event Grantor shall terminate the Franchise pursuant to the provisions of Section 15.14 of this Franchise it shall reimburse Grantee for the fair market value of the system, including both tangible and intangible assets. - 73 B. In the event of any dispute, the arbitration procedures in this article shall be followed. e -74- ARTICLE 14. RIGHTS OF INDIVIDUALS PROTECTED 14,01 Discriminatory Practices Prohibited Grantee shall not deny service,. deny access, or otherwise discriminate against subscribers, programmers or general citizens on the basis of race, color, religion, national origin, sex or age. Grantee shall strictly adhere to the equal employment opportunity requirements of the Board as expressed in 4 MCAR Sec. 4.108 and of the Federal Government, as expressed in 47 CFR Seca 76.13(a)(8) and Sec. 76.311. Grantee shall comply at all times with all other applicable federal, state and city laws, and all executive and administrative orders relating to non - discrimination. 14.02 Cable Tapping Prohibited Neither Grantee nor any other person, agency or entity shall tap, or arrange for the tapping, of any cable, line, signal input device or subscriber outlet or receiver for any purpose whatsoever, except as follows: A. No signals of a Class IV cable communications channel . may be . Y transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one year which shall be renewed at the option of the subscriber. No penalty shall be invoked for a subscriber's failure 'to provide or renew such authorization. The authorization shall be revokable at any time by the subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV cable communications activity planned for the purpose. B. No information or data obtained by monitoring transmission of a signal from a subscriber terminal, including but not limited to lists of the names and addresses of such subscribers or any lists that identify the viewing habits of -75- subscribers shall be sold or otherwise made available to any party other than to the company and its employees for internal business use, and also to the subscriber subject of thdt information, unless the company has : received specific written authorization from the subscriber to make such data available. C. Written permission from the subscriber shall not be required for the systems conducting systemwide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality f such information shall be subject to the y 3 provision set forth in paragraph B of this Section. D. For purposes of this provision, -a Class 1V cable communications channel means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the communications system. E. Upon request of Grantor, Grantee shall provide the lists and records described in this Section. i -76- ARTICLE 15. MISCELLANEOUS PROVISIONS 15.01 Comoliance with Laws Grantee shall comply with all the state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated. Grantee shall comply with all federal laws and regulations regarding cable communications as they become effective. Grantee shall also comply with all city ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. 15.02 Sale or Transfer of Franchise A. This Franchise shall not be sold, assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this section.- This section shall include sale or transfer of all or a majority of a corporation's assets, merger (including any parent and its subsidiary corporation), consolidation, creation of a subsidiary corporation or sale or transfer of stock in a corporation so as to create a new controlling interest in the System. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 1) The parties to the sale or transfer of this Franchise shall make a written request to the Grantor for its approval of a sale or transfer of this Franchise. 2) Grantor shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on the company's subscribers. -77- 3) If a public hearing is deemed necessary pursuant to (2) above, such hearing shall be conducted within thirty (30) days of such determination and a notice of such public hearing shall be given pursuant to Board regulations. 4) Within thirty (30) days after the public hearing, the Grantor shall approve or deny in writing the sale or transfer request. 5) The Grantor shall notify the Board of the transfer of any interest in the System of this Franchise in accordance with the then applicable rules, regulations or laws. The notification shall be accompanied by the written certification of the transferee that it meets all of the requirements with respect to technical ability and financial stability demanded of the original Grantee. 6) Grantee, upon transfer, shag within sixty (60) days thereafter file with the Grantor a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the Grantee. 7) Grantor reserves the right, upon a sale or transfer to impose a franchise fee or acceptance fee, in its sole discretion, upon the person or entity to whom a sale or transfer is made, as is then legally allowed. B. In reviewing a request for sale or transfer pursuant to Section A above, the Grantor may inquire into the qualifications of 'the prospective controlling party, and Grantee shall assist the Grantor in so inquiring. The Grantor may condition said transfer upon such terms and conditions as it deems appropriate. It is the intent of the Grantor to grant this franchise to Northern Cablevision Northwest, Inc., accordingly, in the absence of extraordinary circumstances, the Grantor shall not approve any transfer or assignment of this Franchise prior to substantial completion of construction of the System, as determined solely by the Grantor. In no event -78- shall a transfer or i ass gnment of ownership - or control be approved without the transferee becoming a signator to this Franchise. 15.03 Expiration Upon expiration of the initial term of the Franchise, Grantor shall have the right, at its election, to: A. Renew or extend this Franchise; B. Invite additional franchise applications or proposals; C. Terminate this Franchise without further action; or, D. Purchase the System from Grantee. Grantee shall make it a condition of each contract entered into by it that Grantor shall have the right to exercise these options. 15.04 Amendment of Franchise Ordinance After published notice, public hearings and deliberations of the Grantor, this Franchise may be amended upon a unanimous vote of the Grantor and the written consent of Grantee. Pursuant to Section 16.01, each City shall incorporate such amendment by reference into its Code. 15.05 Franchise Renewal A. Grantee may apply for renewal of this Franchise by making application to uo so not later than twelve (12) months prior to the expiration of this Franchise on forms provided by Grantor, and as authorized by Cities. B. Grantee may be approved, and this Franchise or modification to it may be renewed" or extended by Grantor in accordance with the then existing rules of the FCC, the Board, the Cities and all other 'applicable laws, ordinances, rules or regulations. C. Nothing in this Franchise shall be construed to require renewal or extension of this Franchise. D. Grantor shall conduct an investigation and evaluation of the Grantee and the System and the renewal proposal. This investigation and evaluation shall be -79- completed by Grantor within six (6) months after receipt of the application and determination by Grantor of its completeness: E. Renewal of this Franchise may not be for more than 15 years, unless otherwise permitted by federal or state law. 15.06 Continuity of Service Mandatorv It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to overbuild, rebuild, modify or sell the System, or the Grantor revokes or fails to renew the Franchise, Grantee shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances during the lifetime of the Franchise. In the event of purchase by the Grantor, or a change of Grantee, the current Grantee shall cooperate with Qrantor to operate the System for a temporary period, in maintaining continuity of service to all subscribers. 15.07 Removal after Termination or Revocation A. At the expiration of the term for which this Franchise is granted, or upon its revocation or termination, as provided for herein, Grantor shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of the System from all streets and public property within Cities. In so removing the System, Grantee shall refill and compact at its own expense, any excavation that shall be made by it and shall leave all streets and public property in as good a condition as that prevailing prior to Grantee's removal of the System, and without affecting, altering or disturbing in any way electric, telephone or other utility, cables, wires or attachments. Grantor, or its delegation, shall have the right to inspect and approve the condition of such streets and public property after removal. The Security Fund, Bonds, Insurance, Indemnity and Penalty provisions of this Franchise shall remain in full force and effect during the entire term of removal. _80_ B. If, in the sole discretion of Grantor, Grantee has failed to commence removal of System, or . such part thereof as was designated by Grantor, within thirty (30) days after written notice of Grantor's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of Grantor's demand for removal is given, Grantor shall have the right to exercise one of the following options: (1) Declare all right, title and interest to the System to be in Grantor 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. (2) Declare the System abandoned and cause the System, or such part thereof as Grantor shall designate, to be removed at no cost to Grantor. The cost of said removal shall be recoverable from the Security Fund, Bonds, Insurance, Indemnification and Penalties provided for in this Franchise, or from Grantee directly as a liquidated damage. C. Upon revocation of this Franchise, any portion of the System designated by Grantor for removal but not removed within a reasonable time shall belong to and become the property of Grantor without payment to Grantee and Grantee shall execute and deliver such documents, as Grantor shall request, in form and substance acceptable to Grantor, to evidence such ownership by Grantor. 15.08 Work Performed by Others A. Grantee shall give notice to Grantor specifying the names I and addresses of any other entity, other than Grantee, which performs services pursuant to this Franchise, provided however, that all provisions of this Franchise remain the responsibility of Grantee. B. All provisions of this Franchise shall apply to any sub- contractor or others performing any work or services pursuant to the provisions of this Franchise. -81- 15.09 Duty to Grantee Nothing contained in this Franchise shall relieve any person from liability arising.out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system or utility system. 15.10 Interest Rate For purposes of this Franchise, prime rate shall mean the interest charged from time to time by the First National Bank of Minneapolis for ninety (90) day unsecured loans to commercial borrowers of the highest credit rating. 15.11 Applicable Law and Court Decisions; Severability A. Grantee shall, at all times, comply with all laws, ordinances and regulations of federal, state and city government. B. If any law, ordinance or regulation shall require or permit Grantee to perform any service or shall prohibit Grantee from performing any service which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, Grantee shall notify Grantor of the point of conflict believed to exist between such law, ordinance or regulation. C. If Grantor determines that a material provision of this Franchise is affected by such law, ordinance or regulation, Grantor shall have the right to modify, alter or repeal any of the provisions of this Franchise to such reasonable extent as may be necessary to carry out the intent and purpose of this Franchise. D. Grantor reserves the right to terminate this Franchise and any right or privilege of Grantee hereunder if any provision of this Franchise shall be finally adjudged by a court of law invalid or unenforceable, and if such provision constitutes at that time a consideration material to the continuance of this Franchise. E. 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 -82- unenforceable, the remainder hereof and the application of such term, condition and provision to persons or circumstances other than those as to whom it shall be held e invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with. 15.12 No Recourse against the Grantor or Cities. Grantee shall have no recourse whatsoever against Grantor, Cities or its officials, boards, commissions, agents or employees for any loss, costs, expense or damage . arising out of any provision or requirement of this Franchise or because of the enforcement of the Franchise. 15.13 Nonenforcement by Grantor. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of -the Grantor to enforce prompt compliance. 15.14 Subsequent Action by State or Federal Agencies Should the State of Minnesota, the FCC, or any other agency of the Federal government subsequently require Grantee to deliver any signals in addition to those required by this Franchise, or to perform or cease to perform any act which is inconsistent with any provisions of this Franchise, Grantee shall so notify Grantor. Upon receipt of such notice, Grantor shall have the right to modify or amend any of the sections of this Franchise to such reasonable extent as may be necessary to carry out the full intent and purpose of this Franchise. Grantor may terminate this Franchise in the event that substantial and material compliance with the original proposed terms of this Franchise has been frustrated by such State or Federal requirement. Grantor, upon termination pursuant to this Section may request removal of the System or notify Grantee of its intent to purchase it. 15.15 Administration of Franchise The Chairman of the Northwest Suburbs Cable Communications Commission, the designated administrator, shall be responsible for the -83- continued administration of this Franchise, except as otherwise assumed b y Citics pursuant to the Agreement. 15.16 General Provision on Rights and Remedies A. All rights and remedies given to Grantor by this Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, now or hereafter available to Grantor and /or Cities, 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 Grantor, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. No delay or omission of Grantor in the exercise of any right or remedy shall impair any such right or remedy, nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default. The exercise of any such right or remedy by Grantor shall not release Grantee from its obligations or any liability under this Franchise. B. In addition to all other remedies granted or available to Grantor, Grantor shall be entitled to seek the restraint by injunction of the violation, or attempted or threatened violation, by Grantee of any terms or provisions of this Franchise, or to seek a decree compelling performance by Grantee of any term or provision of this Franchise. C. To the extent any provision of °the Offering or rules of Board are not Specifically set out in this Franchise or not validly incorporated herein by reference, Grantor from time to time may amend this Franchise to include such provision effective as of the date of commencement of this Franchise term or any such rule effective as of the ' Cate of commencement of this Franchise term or adoption of the -84- rule, whichever is later. Grantee, by acceptance of this Franchise, consents to and agrees to be bound by any such amendments. . D. Gr€fitee agrees that it will not, at any time, set up against Grantor and /or Cities in any claim or proceeding, any condition or term of this Franchise as unreasonable, arbitrary, void or that Grantor and /or Cities had no power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of this Franchise in their entirety. E. In case of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Franchise, Grantor, in its sole discretion shall resolve such dispute or question. F. Grantor reserves the right to delegate and redelegate from time to time any of its rights or obiigations under this Franchise to any body or organization. Any delegation by Grantor shall be effective upon written notice by Grantor to Grantee of such delegation. Upon receipt of notice by Grantee of Grantor's delegation, Grantee shall be bound by all terms and conditions of the delegation not in conflict with this Franchise. Any such delegation, revocation or redelegation, no matter how often Made, shall not be deemed an amendment to this Franchise or require any consent of Grantee. 15.17 Filinz of Offering . A. , An Offering of Grantee that is consistent with Grantee's proposal shall be submitted by Grantee at the closing as set forth in section 16.01 D. Such Offering shall b€ signed by the Grantee and Grantor. The Offering shall be permanently kept and filed in the Office of the Chairman of Grantor and the originals or reproductions thereof shall be available for inspection by the public during normal business hours. Also, the Grantee may summarize the Offering in a -85- r , t manner acceptable p ble to Grantor . or reproduce the entire Offering, or microfilm the Offering, and shall have either at the following locations in the following quantities: 1) Office of the City Clerk of each City - 1 copy; 2) Administrator designated in this Franchise 1 copy; 3) Public libraries - 1 copy each; 4) Office of each of the City Attorneys - 1 copy; 5) Hennepin County Law Library - 1 copy; 6) Local office of Grantee - 1 copy; 7) Office of any School District in Cities - 1 copy. D. In the event of conflicts or discrepancies between any . part of the Offering and the provisions of this Franchise or between any part of the summary made by Grantee and the Offering, those provisions which provide the greatest benefit to Grantor and Cities, in the opinion of Grantor, shall prevail. 15.18 Publication of Notices All public notices or ordinances required to be published by Grantor or Cities, including this Franchise, shall be published in the official newspaper of all Cities. Grantee shall pay the costs for publication of this Franchise and amendments to it, as such publication is required or authorized by law. -86- 16.01 ffectiveness o. ranchise. A. After this Franchise is approved by Grantor, a copy of this Franchise shell be delivered to each member City for a thirty day review period. B. Grantor shell proceed to have this Franchise published riot later than 15 days after adoption in the legal newspaper of each member City. C. A revilew period for member Cities shell occur for 30 days after delivery of this Franchise to each City. Upon review, any City shall have the opportunity to withdraw from the Grantor if done so at least S days prior to the expiration of the 30 day review period. This Franchise shall not become effective in such withdrawn City. If more than one city advises the Grantor of its intent to withdraw from the Grantor at least five days prior to the ex- piration of the thirty day review period pursuant to this para- graph, the approval of this Franchise shall be null and void and this Franchise shall have no effect. D. Within thirty days after review by Cities, the Grantee shall provide to Grantor, its acceptance of the grant of this Franchise and x e acute, together with the Grantor, all such other documents, including an Offering of Grantee as are necessary to implement this Franchise. At this closing, Grantee shall also pay all _ costs and expenses incurred - by Grantor and Cities in connection with the franchising process and not previously paid to them by the application fee. Grantor shall provide an itemized statement to Grantee. Costs or expenses of Grantor or Cities not identified at that time shall be paid promptly by Grantee upon receipt of an itemized statement from Grantor. It is the intent of the Grantor and Grantee that Grantor be reimbursed for all their costs and expenses in connection with the granting of this Franchise including any subsequent expenses due to delays or litigation pe °tainin: to the Grant of this Franchise. In order to • accomplish these 601ivities, the Grantee s ^all arrange a time and place satisfactory to both Grantee find Grantor. -87- , E. Grantee shall have continuing re for this Franchise and 'f P Y � 1 Grantee be a subsidiary or wholly owned corporate entity of a parent corporation, performance of this Franchise -shall be secured by guarantees of the parent corporation in form and substance acceptable to Grantor, which shall be delivered at time of, and as part of, acceptance of this Franchise. F. With its acceptance, Grantee also shall deliver to Grantor an opinion from its legal counsel, acceptable to Grantor, stating that this Franchise has been duly accepted by Grantee that this Franchise will be effective upon issuance by Board of a Certificate of Confirmation, that the guarantees have been duly executed and delivered, that upon taking effect, this Franchise and the guarantees are enforceable against Grantee and the guarantors in accordance with their respective terms, and which opinion shall otherwise be in form and substance acceptable to Grantor. G. With its acceptance, Grantee also shall deliver to Grantor true and correct copies of documents creating Grantee and evidencing the power and authority referred to in the opinion of Grantee's counsel, certified as of a then current date by public office holders to the extent possible and otherwise by an officer of Grantee. H. Each exhibit is a part of this Franchise and each is specifically - incorporated herein by reference. The exhibits are contained in section 16.07 of this Franchise. I. Within 60 days after completion of paragraphs D, E, F, and G above; the Grantee shall apply to the Board for a Certificate of Confirmation. Upon issuance by the Board of a Certificate of Confirmation this Franchise shall become effective. In the event such Certificate of Confirmation has not been issued within` six (6) months after acceptance by Grantee, this Franchise shall be null and void and the -88_ • i grant of this Franchise shall not become effective. Grantor reserves the right to extend this time for reasons beyond the control of Grantee. Grantee has the burden of proof to demonstrate that such delays were beyond its reasonable control. Litigation or contested administrative proceedings initiated by any person other than Grantee based on the granting of this franchise shall be deemed beyond the control of Grantee. 16.02 Duties of Grantee Upon effectiveness of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. Grantee shall provide all available services and Offerings specifically set forth in the Offering to provide cable communication service within Cities and, by its acceptance of this Franchise, Grantee specifically agrees that the Offering of Grantee, - including all promises, offers, representations and inducements contained therein, is specifically incorporated by reference and made part of this Franchise. The failure to refer to the Offering in any specific provisions of this Franchise shall not be a limitation on the obligation of Grantee to fully comply with the Offering. Grantee further acknowledges that all promises, offers, representations and inducements contained in the Offering of Grantee were freely and voluntarily made to Grantor by Grantee. 16.03 Incorporation by Reference To obtain the power and obligation to enforce the applicable provisions as may be done by Cities and to prosecute for any violations within their territorial limits and to further insure that Cities may succeed the Grantor, as provided in this Section by reason of withdrawal or dissolution, each City shall, by ordinance authorized by Minnesota Statute 238.08, incorporate by reference into its Code all of the provisions and subsequent amendments to this Franchise. To the extent anv City withdraws as a member and has not validly incorporated this Franchise by reference, Grantee, by acceptance of this Franchise, consents to and agrees to be bound by the requirements of this Section providing for the separate administration b P nand enforcement by -89- t that City in the event of withdrawal or dissolution. Grantee agrees to execute acceptance of an ordinance of each City as they adopt the same to incorporate this Franchise. a 16.04 Withdrawal. Any City may withdraw from the Grantor at any time later than five days prior to the expiration of each City's 30 day review period set forth in section 16.01 B by sending a written Notice of Withdrawal to the Grantor's secretary before October 15 of any year. A. Notice of Withdrawal Any City withdrawing pursuant to this section shall send to the Board and the Grantor's secretary and to Grantee a written Notice of Withdrawal specifying the effective date of withdrawal and containing a copy of the Cities' action approving its withdrawal. Cities' withdrawal shall be effective on December 31 of the year that City sends its Notice of Withdrawal, unless it specifies a later date in its Notice. A Notice of Withdrawal may be rescinded prior to its effective date at any time by affected City. B. Effectiveness of Franchise after Withdrawal This Franchise shall be effective and enforceable within the territorial limits of a City which has withdrawn pursuant to this section, and such City shall be bound by the terms of this Franchise and any amendments adopted by Grantor. A City which has withdrawn shall be the exclusive authority to administer and enforce this Franchise within the territorial limits of that City. C. Access to Grantor Assets Any City withdrawing from membership at a time when such withdrawal does not result in dissolution of Grantor, shall forfeit its claim to any assets of Grantor except that such City shall have access, at a reasonable cost and under such conditions as Grantor may determine, to any cable communications programs, files or other materials developed for such City's use - �t'hiie it cvas a member. -90- 16.05 Dissolution of Grantor A. Method Grantor shall continue for an indefinite term unless the number Of members shall become less than four. The Grantor may also be terminated by mutual agreement of all of the members at any time. B. Distribution of Assets Upon dissolution of the Grantor, all remaining assets of the Grantor, after payment of obligations, shall be distributed among the then existing members in proportion to their contributions and in accordance with procedures established by Grantor. Grantor shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs, but for no other purpose. C. Effectiveness of Franchise after Dissolution. This Franchise shall be effective and enforceable within the territorial limits of each individual city which was a member at the time the Franchise ordinance was effective. 16.06 Successor in Interest and Grantee's Rights A. Successor In the event of withdrawal by a City or dissolution of the Grantor, affected Cities shall be deemed successor to the rights, duties and obligations of Grantor within the affected Cities' territorial limits. However, no new rights, duties and obligations of Grantee will be created thereby and Grantee shall not be required to furnish additional services or be required to provide increased payments, or separate bonds, insurance or security funds. Such existing bonds, insurance, or security funds shall, however, afford equal protection to any affected Citv. B. Cooperation In the event of withdrawal of a City or dissolution of the Grantor, Grantor and Grantee, together with Cities, shall make their best efforts to achieve an orderly anc efficient transfer to any affected City of the administration and enforcement authority over this Franchise. -91- 16.07 Exhibits The following Exhibits attached hereto are part of this Franchise: A. Exhibit 1. A map reflecting the construction timetable and location for construction 04 Grantee's System. B. Exhibit 2. Schedule of Rates. C. Exhibit 3. Critical Times Graph. -92- L .,: � �yl�•�° �i -^ /1� �1's + ��r11 � .�i 111�'l t' 1.� � � t:v �f {. y ^ : (('� $�� � � ' j� f1 1J:$ �1':ll .� ?'+ 1( ��5� 1 �'�t(�I.t��y } � ��'I�'�`��T � � ��1.:I. `l l � � a a ,�..� °� • �.: .� a«'," r' + �• y a' '� 1 . 1 1 ;� j .� ,���.1 �1 • g .� ��. r�1�1.`� '� •f6 1tt' << 7 �' � i� �'`'" "j � , `1,c� � � .�J .1 � t Y 1 :�1 .�;�:1,' � n C �;4� �� R � 1 a� } ' 1 ' I } a y' ��t � 1 1'1 tilt I �� r `� •i�� mo ,/ • .�� .F.1! � � c Z- r»,..J .lt+�l� „', 4. ' � �,i .'. +� F,�� r� ' � ;� '(7 � � ' r �J;f t , t R 1 ' �i,tu1�.: 7r ,� 4° 5r 5 ., . ;I 1 .gy t i ” 1 1 •t: �. i ! 1�� it y �. . 1 ' :t I ' 'r�, g ,�•!'+ 1 it 1�� t; ; ; �l l �'�. �1 i r 'I A ;iq T, , 'k ,� t :;: x 1 i 1 2 1 1 t �:� }_ �;�' r ` r! i .:�t'••.;, , � n �i. ,, �76� �'i� 7 ( I jlk r � F�,� rr � JJ •t. 1, f:; � � fit. ul .. t .::.,, i {' ,. 1 •' f .., fl � IA �t 1, R •, t''l. I o ? � ` ��A s _ ,C /�?��L� �' 1� � ,.l � �. l'y'� )I�... 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'" �� ' � � + b . 1 , wc,,. t✓ l��t_.' ^ , x 4 2 ` �..r + (�1 1 ` '4x r ` ►twl:;. aT , pp t (, .1, �j t,.;+�1 R��i�•S�. 1 Y!'ti qq t4 'J y 1 rll� 1 s ] ] ~ ._ I ti . t , _1J.T.�a��{t }t� , � �1 � r � t ) { = �`1))),� r.tt�i��t,{ r�r.. � 3 �Y;_ f } . )R �. +tli!>J:I �Iia;'t -t�� ��'''i° :i�. � 't.l- r� ' I�� t �NG� }.'�� " *S`• ` n'0 G�; �� I , ? ' /' r � } } 77t b.(, p,,��•j�h�,� � r a ry •' ' �t' 7 ;,1�f1 ` 1£�' ,emu �u i"a' � - •-...- t , � ' L,a+tEl -�•� � n '�'9 1' � •���) ��j�� i � i � ��N� A ll An l A ,. ...C. •,'� �} I �l�i'f� �1`. ��� 11 � t �� �i � i y z i.- \ �L '�• ,�� " i" f ig o O zc> t Exhibit 2 Schc-dule of Rates I. Subscriber Network A. Basic Residential Rates 1. Tiers INSTA MONTHLY 'IfiER I - 29 Cl�anxlels CHARGE RATE Residential First TV Outlet $15.95 $3.75 (A) Additional TV Outlets, each 10.00 2.00 (A) FBI (with Tv) 10.00 2.00 FM (separate) 12.95 3.00 Converter (Deposit $ ) (B) Relocation 10.00 -- Reepnnection 10.00 -- Apartments — Bulk Rate Where there is 100 percent subscription in apartments, commercial establishments, hotels, motels, etc. (each habitable unit in the building having at least one outlet), and the billing is directed to an individual or an association, installation will be at Grantee's actual cost and monthly service rates will be discounted per the commercial rate schedule which follows. (A) Includes $1.00 per month converter rental. (B) See explanatory notes. 1 INSTALLATION MONTHLY TIER. H 55 Channels CHARGE RATE Residential First TV Outlet $24.95 $7.95 (A) Additional TV Outlets, each 10.00 3.95 e FhI (with TV) 10.00 2.00 FM (separate) 12.95 3.00 Converter (Deposit $ ) (B) Relocation 10.00 -- Reconnection 10.00 -- Apartments — Bulk Rate See narrative - Tier I (A) Includes $1.75 per month converter rental. (B) See explanatory notes. INSTALLATION MONTHLY TIER III - 55 Channels + Text CHARGE RATE Resi dential First TV Outlet $29.95 $8.95 (A) Additional TV Outlets, each 10.00 3.95 FM (with TV) 10.00 2.00 FM (separate) 12.95 ' . 3.00 Converter (Deposit $ ) (B) Relocation 10.00 -- Reconnection 10.00 -� Apartments — Burk R ate See narrative - Tier.I (A) Includes S2.00 per month converter rental. (B) See explanatory notes. ° 2 . i TIER IV - 110 Channels + Text INSTALLATION MON'T'HLY (1NTERACTWE} CHARGE RATE Rests First TV Outlet $3 $9.95 (A) Additional TV Outlets, each 10.00 3.95 (B) FM (with TV) 10.00 2.00 FM (separate) 12.95 3.40 Converter (Deposit $ ) (C) Relocation 10.00 . -- Reconnection 10.00 -- Apartments -- Bulk Rate See narrative - Tier I (A) Includes $2.25 per month converter rental. (B) Rate cited is for a non - interactive additional' outlet. Interactive additional outlet rate would be $4.95 monthly. (C) See explanatory notes. 2. Grantee commits to maintain initial rates for all services constant until the beginning of the 4th year of operation. This guarantee applies to rya TV rates as well as basic, commercial and miscellaneous rates. y 3. All installation charges for Tiers One, Two, Three and Four will be waived if service is ordered within the first thirty (30) days after cable communications service is first available to the subscriber. Grantee will make certain that residents in areas of construction receive sufficient advance notice of system activation in their neighborhood to allow time for them to subscribe within the introductory period. The installation fees for these Tiers also may be waived periodically for promotional purposes ur oses or for upgrading actin gI' g between Tiers One, Two or Three. 4. If multiple services or outlets are installed at the same time during the introductory or promotional periods, there is no charge for any of the installation work. (Unreasonable requests for large numbers of additional outlets may be refused.) 5. Grantee reserves the right to charge a refundable security deposit on rental converters. To avoid the monthly rental charge, subscribers ,may pur chase converters from Grantee or other suppliers such as local electronic supply stores. Grantee's price for converters will be comparable to other local suppliers. Subscribers who purchase their own converters, or television sets 3 it with built -in converters, own these units and are responsible for their maintenance. Ownership of rental converters remains with Grantee, and Grantee will repair and /or replace them at no charge. Set -top converters will be J urnished. Remote control converters will be available. 6. Grantee shall also offer Universal Service which will provide viewing of access channels and local television channels (by use of an A -B switch). Aside from the initial installation charge of $1�. °5, there will be no monthly fee for this service. a r: Other Rates ' Installation Nlonthly a. Securitv - TOCOM ' Basic Package (fire, police, medical) $ 99.95 $ 15.95 Expanded Package (intrusion, multiple sensors) Varies with options selected b. Security - Leased Circuits Assumes cable subscriber would elect monitoring through local alarm company Per Supplier Per Supplier Note: Security services may be ordered without subscribing to basic cable services. c. College Courses (INTERACTIVE) Requires subscription to Tier IV (plus any costs from course supplier) d. Opinio Polling & Shop -At -biome (INTERACTIVE) Requires subscription to Tier IV No additional monthly charge e. Reuters Data Retrieval (INTERACTIVE) Requires subscription to Tier IV_ Dow Jones Data Retrieval (INTERACTIVE) Requires subscription to Tier IV $ 49.95 $ 35.00 f. Pav Per View None (available Varies with with Tier IV) use g. Adapters for Captioned Programming Northern will structure a lease /purchase option for the telecaption adaptors for captioned programming. 5 a A µ + h. 1NSTALL.ATION rdoNTHLY PAY -TV SERVICE CHARGE (A) RATE Home Theater Network $10.00 $3.95 Home Box Office 10.00 6.95 Showtime 10.00 6.95 The Movie Channel 10.00 6.95 Cinemax 10.00 6.95 Pay Per View (Interactive) - Varies per event Lock Out Device Free Free Rates to be established for Rockefeller Center TV and Public Subscriber Network upon availability will be comparable to the "maxi -pay" rates shown above.) (A) These installation charges are waived during the first 30 days after service is first available to each home, and periodically thereafter for promotional purposes. Subscribers will : be notified in sufficient time to take advantage of these benefits. There will be no charge for pay cable installations if other services are installed'at the same tir..c. If none of these exceptions apply — and a. subscriber orders more thbLn one pay cable service at the same time — only one $10.00 fee will be charged for installation. (B) Subscribers to any two $6.95 per month pay cable options, will be charged $13.25 per month for the combination. Subscribers to any three $6.95 pay options will be charged $19.50 per month for the combination. Subscribers to all four "maxi" pay products would pay $25.50 monthly. 6 1 { INSTALLA'T'ION MONTHLY CHARGE RATE oartments — Individual Rate Individual rates for apartments are identical to rates for residential subscribers. See preceding rate's for each service tier. III. Commercial (A) Initial outlet Same as specified for residential rates 2 -10 outlets 10% discount from residential 11 -20 outlets 15% discount from residential 21 -30 outlets 20% discount from residential More than 30 outlets 25% discount from residential (A) Special rates will be offered to hospitals, nursing homes, motels and hotels in order to promote the maximum use of cable television. A discount of up to 25% off basic cable rates will be offered for multiple dwelling units with a single billing point. IV. Governmental be Educational Facilities Initial outlet None None Additional outlets At cost None Security Service - TOCOM At cost None ,F I wo Y. I nstitutional Network Rates ©u0ified not- far- orofit and charitable in stitutions (government, religious, public health care facilities and educational, i.e., libraries, churches., social service agencies). Installation Primary connection - Free. Time and materials after first subscriber and institutional drops. Converter Lease and Other Charges Free if from Grantee's Pool, otherwise rentals and other generally subject to 20% discount off applicable subscriber or institutional net rates. Monthly service - free. Rates for Commercial Users Installation Time and materials Converter Rental (per unit monthly, includes maintenance) - Addressable $ 7.95 /month Addressable Text 8.95 /month Interactive (first unit) 9.95 /month (each additional) 4.95 /month Security :Monitoring $29.95 /month IDR (Reuters) Basic $39.95 /month Professional • Billed by Reuters PLATO Per Control Data Modulator $20.00 /month Other equipment Variable depending on equipment cost, length of rental, etc. Channel Lease Rates - Access Channel Use Fees Fee Two -Wav One -t. av Video MHz) Full -time service S1,150 /mo. $690 /mo. $100 Occasional service 115 /day 69 /day 150 Data I (1.0 -2.0 MHz) Full-time service $ 300 /rno. $180 /mo. $ 75 Occasional service 30 /dav 18 /day 100 8 1 r institutional Network Rates (Continued) i Access Channel se F ees Fee Twol� av ©ne- '+tray Data IT (500 KHz -1.0 1lHz) Full-time service $150 /mo. S90 /mo. $ 60 Occasional service 15 /day 9 /day 120 G- Data M (500 kHz -10 kHz) Full-time service $ 50 $ 30 $ 50 Occasional service — — Data IV (below 10kH ) . Full-time service $ 25 $ 15 $ 25 Occasional service 1. Channel use fee is for the occupancy of channel bandwidth. Full-time service will be billed on a monthly basis and the minimum period of commitment shall be two months. Occasional service will be billed on a daily basis, and the minimum commitment will be two days. Occasional service will be provided on a first -come first -serve basis. 2. Access Fees Pre charged for each port of access to the network. The access fee rates shown are for receive /transmit or transmit only terminals. Receive only - data terminals shall be charged an access fee at the rate of the 50% of the receive /transmit access charge. The access fee for video receive only terminals shall be $25.00. For full-time users, the access fee shown must be paid on a monthly basis. For occasional service, -the access fee shown shall be paid upon each new occasion of service, except that no more than two access fees will be charged in any thirty -day period. 3. The occasional service classification is intended for infrequent users of the network only. Use of the network more than five days in any calendar month or more than 30 days in any calendar year shall subject the user to full monthly rates over the period. Occasional users may convert to full-time service and receive a credit for all fees paid under the occasional service tariff. 4. Technical and enmineerinz services will be provided at fixed hourly rates plus cost of materials used. 5. Two -way services refers to the availability of an'" institutional network channel upstream and downstream covering the entire network. Cne -way refers to a full network channel available either upstream or downstream. Discounts of u to 35% off the above rates will be offered for partial network usage depending up the percentage of the network ,covered by the signal. 9 - t t;i stitutional fretwork Rates (Continued) 6. Grantee will control access to the institutional network, including frec 'access uencv e assignments, in accordance with this tariff. Rules and re ulations r a shp11 be established for the sole purpose of network discipline and the assurance of operational integrity, ' 7. Access and channel use fees do not include the cost of interface, modulators and 4 moderns. Users* may supply their own equipment or lease from Grantee. All equipment connected to the .network must be of an approved type compatible with network operations. B. Channel space may not be purchased for resale except that full time users may resell idle channel time provided such sale does not exceed 3C hours per month. Access fees shall be applied to all users except government and qualified non - profit users over channels provided for their .use. 9. Grantee shall assure at all times that the institutional network is managed in the most economical manner possible with regard to channel assignment and utilization. Accordingly, users may purchase channel space needed for operational requirements only. 10 r Vl. Other Rates A. Studio and Equipment Usace Rates 1. Noncommercial Users Receive first preference for use. No charges whatsoever. No time limitations. Includes free training. 2. Commercial Users Rates to be determined by specifics of equipment and time required. B. Leased Channel Ra tes 1. Noncommercial Users Dependent upon extent of use and capacity requirements. 2. Commercial Users Dependent upon extent of use and capacity requirements. C. Advertisinz Rates To be established by audience size and competitive factors. However, based on our experience elsewhere. we would esti -,hate by Year 3, that a 60- second spot would cost approximately $10 -$20 depending on the channel, time and placement. Discounts would apply for volume purchases. D. Institutional Network Rates See separate narrative. • j 11 x9� 4 1 M. A dvertising Folicv Advertising time availabilities will be offered to local businesses. Commercial announcements will be cablecast only at natural program breaks and adjacent to programs. Grantee will conform to standards of the National Association of Broadcasters as to number and duration of commercial messages. Commercial matter will be cablecast only where advertising is permitted, such as on the local origination and leased access channels, and within the programming, for example, of the U.S.A. Network, the Entertainment and Sports Network and the Cable News Network. Reasonable rates will be based on audience size, demographics and the frequency of the advertiser's schedules. i 12 Jif"ITI(111 TIM, li iiii ack>[�tcYi�(l i ivered ire cities EXHIBIT 3 wil -hiri 15 clays 'i ty review /30 &-jys Pine LX) witIKir,aw (25 c1<iysi A(X.11'1'Ari1 BY GRANITE _ °Closings 30 days after 'F�x Dnmts signed review - ° ° Oi diikince licl uiu = °°Acxxptance ° nviey paid O °Insurance 6 bonds oOALtorney opinion by — AtLorney for Grantee PR kMI•n11J7,S UETURE MC ° Grantee applies for certificate within 60 days franchise accepted °board approves wiUiin 6 mtmths by Grantee- -� unless extended by Caindssion (exlxct.Lo be done in 60 days) *Wien certificate is approved, APPLICATION AND RIJt: rPT OF franchise is effective PERM AND AUIIIOIUZATIONS - Apply for permits within Franchise grant 90 days is effective *All engineering done 1 year after grant OCNSIH r[CN -- °Ccnnencctnant of Construction Construction begins occurs wi. An 1 n"Wis of ter when permits and _ franchise yrant is effective authorizations °Significant construction r1r)tu2 received 1 year after all permits received °Initial service area is orn{,leted within 22 nontlis after cciawncoruit of constriction OPi 11ATIM °Pate guarantee in 3 yeorn t Operation ixog(ns after operation Ixrlins as constriction is — f�ic Lim: is not cerL�aLa ca = ° Term eax9s 15 years after being vp leted —"-� — effective date of grant CITY OF 6301 SHINGLE CREEK PARKWAY BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440" CENTER To: Gerald Splinter, City Manager; Mayor Dean Nyquist, and City Council Members FROM: James Lindsay, Chief of Police DATE: March Wi.1983 SUBJECT: Tornado Preparedness Week, March 20- 26 The Governor of Minnesota will proclaim the week beginning the 20th of March running through the 26th, 1983 as "Tornado Pre- paredness Week ". A state -wide tornado drill will be initiated at 1:10 r _ m., Wednesday, March 23, 1983, as part of preparedness week. An alternate date will be Thursday, March 24, 1983, at 1:10 p.m.,,if weather causes a delay. This year's tornado drill is expanded to include the issuance of a mock Watch, Warning, and an "End of Test Message" signal. j The drill will be initiated at 1:10 p.m. by the Minneapolis Weather Service Forecast Office issuing a mock tornado watch. At 1:40 p.m. the Weather Service will issue a warning and at 2:10 p.m. they will end the drill with an "All Clear" message. The civil defense sirens will sound when the mock warning is issued. The City of Brooklyn Center will be participating in the drill. Local schools, various businesses, and the Maranatha nursing home in the community will be informed of the drill. Police department staff will provide assistance in developing and carrying out emergency plans as needed. When the Warning is issued at 1:40 p.m. on March 23, City staff will contact City Council members to inform them of the warning. s •" %lie OUTLINE FOR THE M I",NESOTA TORNADO DRILL Wednesday, March 23, 1983 A. PURPOSE 1, Increase public awareness of tornado preparedness establish and maintain plans within institutions and communities. 2. Improve communication processes to shorten time between issuing Warning and receipt of Warning by communities, B, OBJECTIVES 1. Establish the length of time needed to fan out Warning to communities, 2, Determine which communities participated in drill. 3. Identify problem areas in communication process and encourage corrective action before severe weather season, C. SCHEDULE OF EVENTS to be initiated by the National Weather Service in conjunction with Minnesota Division of Emergency Services and Minnesota State Patrol, 1. March 23, 1983,1:10 p.m. CST,- initiate drill with mock Watch message sent over NAWAS, NOAA Weather Radio and Minnesota Weather Wire from Minneapolis Weather Service Office. 2, State Patrol Warning Points will receive message via NAWAS first and later receive hard copy. Immedictely upon receipt of NAWAS message, fan -out will be initiated to all points. -2 3. County /City EOC's will begin their own fan -out procedures and activate Spotter groups.. 4. Other Weather Service Offices will proceed with dissemination over NOAA Weather Radio. 5. At 1 :40 p.m. CST, disseminate mock Warning message over NAWAS, NOAA Weather Radio and Minnesota Weather Wire from Minneapolis Weather Service Office. 6. Further dissemination of mock Warning will be as in paragraphs C2 through C4 above. County /City EOC's will sound sirens. 7. Radio and TV stations transmit the mock Watch and Warning messages in some manner as they would if it was an actual event. Advancement promos would begin a week or so before the drill. 8. Communities, schools, hospitals, nursing homes and businesses throughout the state will conduct drills, 4 9. Minneapolis Weather Service Office will issue an end of test message at 2:10 p.m. CST. Further dissemination will be same as paragraph 6 above. 10. All agencies involved in the drill should evaluate their readiness based on the success of the drill. 11. Take necessary corrective action prior to this year's severe weather season. D. FORA DRILL TO BE SUCCESSFUL responsible officials at the County and City level must be odequately °informed and take p art in the-drill. _ SUGGESTED EXERCISES DURING DRILL SHOULD INCLUDE: In schools - Move students to designated shelter areas, and have them assume a protective position. In Office Buildings, Factories and Nursing Homes - Move people to prescribed shelter areas, and have them assume a protective position. In Hospitals Perform that part of preparedness plan under simulated conditions that would exist if a tornado were to strike the hospital. For Emergency Services and Rescue Units Deploy severe weather spotters and simulate local actions which would be required if a tornado approached the community. Rescue units can simulate conditions involving injuries. e -4- i SUPPORT DESIRED FROM PARTICIPATING AGENCIES Division of Emergency Services 1: Arrange for preparation of Governor's proclamation of "Tornado Preparedness Week ". Also, arrange Governor's Signing of proclamation and photography session. 2. Co -sign letter to Regional Emergency Services coordinators and County Emergency Services Directors. Handle the reproduction cost and mailing of letter. 3. Arrange applicable clearance for use of NAWAS during the drill. 4. County Emergency Services Directors insure County and Cite EOC's activate tornado warning plans and sound sirens. 5. County Emergency Services Directors will also coordinate county drill activities with Sheriff's Department, schools, hospitals, businesses, and nursing homes. Y 6. County Emergency Services Directors will complete and mail questionaire to State Division of Emergency Services. State Patrol Communications Division 1. Advise personnel in State Patrol Communications Center and NAWAS warning points that the drill will take place on March 23, 1982. 2. The sirens for the Twin Cities will be activated from the National Weather Service Office when warning is Issued. The Bell and Light System will be activated by the State Warning Point. _5_ 3. Inform NAWAS points to relay Watch, 'darning and All Clear II ' messages to all county EOC's within their responsibile areas immediately upon receipt over NAWAS. State Department of Education 1. Co -sign letter with National Weather Service to go to all superintendents of schools. Letter will inform them of March 23 tornado drill and request participation in drill. A q u estionaire will be included with the letter that should be completed at the time of the drill and mailed. 2, Handle the reproduction costs and dissemination of the letter to superintendents. 3. District Superintendents coordinate activities with their County Emergency Services Director. American Red Cross 1. Inform all State Red Cross offices of the March 23 _drill. 2. Request Red Cross agencies to review and activate Natural Hazard Plan. Public Information, Department of Public Safety Co -sign letter with the National Weather Service informing majority of State's newspapers, radio and television stations of the drill and encourage their promotion and participation. National Weather Service 1. Activate the drill at 1:00 p.m. CST, March 23, 1983 via NAWAS, NOAA Wx Radio and Minnesota Weather Wire. 2. Issue news releases over Minnesota Weather Wire. 3. Coordinate drill activities with state agencies. .4. Prepare draft copy of Governor's Proclamation. 5. Prepare outline of events for Minnesota Tornado Drill. EMERGE SERVICES DIRECTOR EVALUATI FOR This form will be used to evaluate the effectiveness of your March 23rd tornado drill. When listing times, please be exact. Please list the county /cit y address for which you are Emergency Services Director. 1. Do you have an Emergency Actions Plan that covers severe weather? 2. Has it been updated within the last three years? 3. What time did your EOC receive the Tornado Warning message? (Warning message, not Watch message.) By what means? 4. How many calls, are required on your fan -out list? 5. What time did you make your first call on the Warning fan -out list? Last call? b. Did the county activate the severe weather spotters after receipt of Match mes- sage? 7. What time were the spotters in place? 8. Were city sirens activated after receipt of Warning? 9. Did the sirens work properly? 10. Did you notify local schools and hospitals of the drill prior to March 23rd? 11. Did the schools participate in the tornado drill on March 23rd? 12. Did any of the hospitals, nursing homes, and local businesses participate in the tornado drill? Please explain briefly. 13. Did the radio, TV, and newspapers have advoced publicity-et 14. In your opinion how effective was the drill in your community? Please send this evaluation form to: Hennepin County Emergency Preparedness 3524 Hennepin Avenue South Minneapolis MN 55408 4 1 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistant f, DATE: March 10, 1983 U SUBJECT: T.V. Security System On February 10 of this year, bid proposals were opened for a proposed closed circuit television system for the police department. Bid proposals ranged from a low of $4,052 to a high of $7,994. The proposals were reviewed by W.M. Montgomery, our consultant. It was recommended that the low bid of Hoffman Electric ($4,052) be rejected because it did not meet the specifications of the bid. Materials required were not included and it was the opinion of our consultant that the equip- ment proposed was not suitable for our needs. Similarily, a proposal from Security Products in the amount of $4,182 was rejected. Camera mounts were not included nor was a time /date generator included. The video switch to go from one camera to another was not included but rather reference was made to a "home made" type of system. Also the equipment proposed suggested a home style machine. It is my recommendation that the proposal of Alpha Video and Audio in the amount of $4,218 be accepted. The proposal of Alpha Video is the lowest quote meeting the requirements of our specifications. Alpha Video has provided similar systems to the Mayo Clinic, 3M, Hennepin County Medical Center, the Potlatch Corp. and others. I would further recommend the purchase of the entire system. Our original estimate was $10,000 for the project. Licenses to be approved by the City Council on March 14, 1983 CIGARETTE LICENSE l ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. City Clerk FOOD ESTABLISHMENT LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Sanitarian - GASOLINE SERVICE STATION LICENSE Northwestern Bell 6540 Shingle Cr. Pkwy. _ City Cler ITINERANT FOOD ESTABLISHMENT LICENSE B.C. Jaycee Women 5900 Humboldt Ave. N. Evergreen Park Elementary APT 7200 Dupont Ave. N. Sanitarian MECHANICAL SYSTEM'S LICENSE A -abc Appliance & Heating, Inca 611 W. Lake St. Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. C.O. Carlson Air Conditioning Co. 709 Bradford Ave. N. Frank's Heating & Air Cond. 3107 California St. N.E. Golden Valley Heating & Air Cond. 5182 W. Braodway Hutton & Rowe 717 VanBuren St. Kraemer Heating 6151 Yucca Cricle Lakeland Sheet Metal, Inc. Rte 2, Box 273 W rsh Heating & Air Cond. 6248 Lakeland Ave. N. dwest Heating & Air Cond. 9809 Valley Forge Ln. Modern Heating & Air Cond. 2318 1st St. N.E. Royalton Heating & Cooling Co. 4120 85th Ave. N. SBS Mechanical, Inc. 7160 Madison Ave. W. Standard Heating & Air Cond. 410 W. Lake St. Thompson Air Conditioning 5115 Hanson Court Ray Welter Heating Co. 4637 Chicago Ave. Fred Vogt & Co. 3260 Gorham Ave. Yale, Inc. 3012 Clinton Ave. S. BuildiU Official NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Sanitarian var PERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. Il1t� Sanitarian VIAP SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. Weight' Loss Med. Center 6040 Earle Brown Dr. .(1. Sanitarian GENERAL APPROVAL: Gerald G. Splinter,/ Clerk V CITY OF BROOKLYN CENTER SPECIFICATIONS FOR FURNISHING, LOADING AND DELIVERY 1 OF FINE AGGREGATE AND SEAL COAT MATERIALS t 1. GENERAL PROVISIONS: All bids must he received at the office of the City Clerk on or before 11:00 a.m., Thursday, April 22, 1982 and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked, "BID FOR FINE AGGREGATE AND SEAL COAT MATERIALS ". Each bid shall be accompanied by a certified or cashier's check or bid bond with a corporate surety in an amount of at least equal to 5% of the total amount of the base bid, payable without condition to the City. The bid secur- ity which must accompany each bid is required as guarantee that the ,bidder will enter into a contract with the City for the work described in the proposal and the amount of the bid security of a successful bidder shall be forfeited to the City as liquidated damages in the event that such bidder fails to enter into a contract and furnish contractor's bond. The contract document shall consist of the advertisement for bids, speci- fications, proposal forms, contract and any addenda issued thereto. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The owner (City of Brooklyn Center) is purchasing the aggregate material for seal coating,•street repair and construction of streets under the roadway construction program. It is understood that the City Council reserves the right to delete items from the proposal and accept others, that is, accept the "furnish and loading" items and reject the "furnish and deliver" items or vice- versa. Award of bid items will not be split between contractors. 2. DESCRIPTION OF WORK: The work to be done under this contract shall, consist of furnishing and .loading at the contractor's loading site aggregate material as specified herein. , No construction of streets will be required. 3. FURNISHING AND LOADING: It shall be the contractor's responsibility to maintain a suitable access road to his loading site and suitable loading accommodations. The owner shall furnish all personnel and equipment required to move all the material from the loading site to the construction area which is bid at unit price for furnishing and loading only. $. PRODUCTION AND SUPPLY: The contractor shall be capable of loading a minimum of 500 tons of material per day for the owner (City of Brooklyn Center). The City will attempt to give a minimum of two days' notice to the successful bidder for quantities of 500 tons per day or over. C 5. RESPONSIBILITY OF CONTRACTOR: The contractor ;hall he solely responsible for the material furnished under these specifications and in the event that he fails to supply the City as herein set forth it shall be his responsibility to furnish material of equal quality and quantity from another source acceptable to the City Engineer. 6. MATERIALS AND PLANT OPERATIONS: All material and plant procedure shall conform to MN /DOT Specifications for Highway Construction 1978 Edition, or any addenda issued thereto, except as herein specified. The supplier shall furnish the City with materials testing gradation certified by an independent testing company at the request of the City Engineer showing compliance to specifications. The MN /DOT Spec. 3127 FA -1 sand must be available for pick -up during 12 months of the year. The quantities in this contract shall not be subject to the provisions of MN /DOT Spec. No. 1903 7. APPROXIMATE QUANTITIES3 fi Bids shall be based on the furnishing of: 1. 3,000 tons sand - MN /DOT Spec. No. 3127 Class FA -1 picked up. (sand must be available for pick -up 12 months a(year.} 2. 4,000 tons buckshot - MN /DOT Spec. No. 3127 Class FA -2 picked up. 3. 500 tons crushed rock - MN /DOT Spec. No. 3127 FA - -2 Class A- 100% crushed trap or granite - delivered. S. BASIS OF AWARD OF CONTRACT AND PAYMENT: { Comparison of bids shall be based on the correct summation of the item totals obtained from the unit prices bid. It shall be the bidder's responsi- bility to extend each item and to indicate the total amount. The mileage to the site of loading the material shall be used to determine further whether the low unit price per ton is sufficient to offset the cost of hauling. The contract shall be paid for at the rate of the unit price bid per ton. t The contractor shall provide and operate a scale at the loading point capable of weighing the owner's and contractor's vehicles for determination of ton quantities for payment. The scale shall be operated by a- registered weight - master. The contract quantities per ton will be paid on the basis of these weight tickets. Payment for materials received shall be made by the owner upon receiving from the contractor an invoice for the material received.by the owner. The invoice shall indicate all load tickets included in the amount of the invoice. - .�,.- .-- ,,....., - ,,,., -- rte, -..- _ _ .. . »......�«.,...,.,. -.. ......_,... . _:.f _ .,�.T.,,..�,...,.,.•,� _ CITY OF BROOKLYN CENTER PROPOSAL FORM: FOR FURNISHING, LOADING AND DELIVERY FINE AGGREGATE AND SEAL COAT MATERIALS Proposal of Bidder's Name Address Bids are due at the office of the City Clerk, City of Brooklyn Center, on or before 11:00 a.m., Thursday, April 22, 1982. Gentlemen: We propose to furnish in accordance with the above specifications approximately the following material for the period from the date of the award of the bid to May 1, 1983 as follows: 1. 3,000 tons sand - MN /DOT Class FA -1 picked up p er ton. 2. 5,000 tons buckshot - MN /DOT Class FA -2 picked up p er ton. 3. 500 tons crushed rock MN /DOT Class FA -2 delivered p er ;ton. The quantities in this contract shall not be subject to the provision of MN/DOT Sepc. No. 1903. (Quantities indicated are approximate - final amounts may be more or less.) Location of loading area is miles from City Hall at 6301.Shingle Creek Parkway. THIS BID IS TO BE GOOD FOR THIRTY DAYS We, the undersigned, agree that if this proposal is accepted the above prices will be in effect until May 1, 1983. We agree if this proposal is accepted, we will execute a contract for the work involved and will furnish a performance bond in the amount of five thousand dollars ($5,000) Respectfully submitted, By Company Name Address Telephone No. Date: SPECIFICATIONS FOR FURNISHING BITUMINOUS MATERIALS City of Brooklyn Center 1. MATERIAL: _ All bituminous material furnished under this bid shall meet Minnesota Department of Transportation - (MN/DOT) specifications-for the-material furnished_ 2. DELIVERY OF MATERIAL: The contractor shall be prepared to furnish bituminous material, at the rate requested, up to 10,000 gallons of bituminous material before 12:00 noon. Bituminous material shall be delivered to the job site in a transport. There shall be no demurrage charge for the transport for the first three hours the transport is on the job site. At the option of the City material heated to the proper temperature may be picked up in the City's distributor at the supplier's plant. The City shall give the supplier notice when they wish to pick-up-,material in- .their distributor. _ 3. APPROXIMATE QUANTITIES: Bids shall be based on the furnishing of: — 100,000 gallons more or less of CRS -1 or CRS -2 asphalt emulsion. 4. DELIVERY: - - -- - . Material shall be delivered upon 13 hours not and the City reserves - the right to cancel delivery of oil any time before 7:00 a.m. of the day of delivery. Material shall be- delivered at a temperature in accordance with MN/DOT specifications for the material being delivered. 5. UNIT OF MEASURE Bituminous material shall be weighed and pay will be for the quantity corrected to_60 0 _F• The this contract shall not be subject to the_provisi__ of_ = MN/DOT_ Specification `No. _1903: k }} F f — 2i t ..M...p.+s..—. .�_..- +w.'+..•+- + +ww.w. ...«.... .w- 'ark,..��•w -. -_ .. ++._rnra...w ° -..r ... -..r ... ..w. •... PROPOSAL FOR FURNISHING BITUMINOUS MATERIALS" Dates TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 We propose to furnish in accordance with the attached specifications approximately the following material: 1. 90,000 gallons CRS -1 or CRS -2 emulsion (asphalt) delivered by transport $ per gallon 2 10,000 gallons CRS -1 or CRS -2 emulsion (asphalt) picked up at plant $ per gallon We, the undersigned, agree that if this proposal is accepted, that the above price will be in effect until December 1, 1982. Respectfully submitted, By Company Name Address Telephone No. w . CITY OF BROOKJ.YN CENTER SPECIFICATIONS FOR FURNISHING & LOADING OF PLANT -MIXED BITUMINOUS MIXTURES l.. GENERAL PROVISIONS: All bids must be received at the office of the City Clerk on or before 11:00 a.m., Thursday, April 22, 1982, and shall be submitted on the enclosed proposal form in a sealed envelope, plainly marked "BID FOR PLANT. -MIXED BITUMINOUS MIXTURES ". Each bid shall be accompanied by a certified or cashier's check or bid bond with a corporate surety in an amount of at least equal to 5% of the total amount of the base bid, payable without condition to the City. The bid secur- ity which must accompany each bid is required as guarantee that the bidder will enter into a contract with the City for the work described in the proposal and the amount of the bid security of a successful bidder shall be forfeited to the City as liquidated damages in the event that such bidder fails to enter into a contract and furnish contractor's bond. The contract document shall consist of the advertisement for bids, speci- fications, proposal forms, contract and any addenda issued thereto. It is also understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract to the best interest of the City. The owner (City of Brooklyn Center) is purchasing this plant -mixed bituminous material for patching streets and for the construction of a wearing .course on streets under the bituminous surfacing construction program. s It is understood that the City Council reserves the right to delete items from the proposal and accept others, that is accept the "furnish and loading" items and reject the "furnish and deliver" items or vice- versa. Award of the bid will not be split between contractors. 2. DESCRIPTION OF WORK: The work to be done under this contract shall consist of furnishing and loading at the contractor's loading site plant -mixed bituminous material as specified herein. No construction of street surfaces will be required. 3. FURNISHING AND LOADING: It shall be the contractor's responsibility to maintain a suitable access road to his loading site and suitable loading accommodations direct from the mixing plant. The owner shall furnish all personnel and equipment required to move all the material from the loading site to the construction area which is bid at unit price for furnishing and loading only. 4. PRODUCTION AND SUPPLY: The contractor shall be capable of loading a minimum of 50 tons of material per day for the owner (City of Brooklyn Center). The City will attempt to give a minimum of two days notice to the successful bidder for quantities of 50 tons per day or over.' I i i -l- 5. P .ESPONSIBILTTY O F C0 q The contractor . all �be soiely responsible for the material furnished •u to under these specifications and in the event that he fails supp y the Ci ty Y as herein set forth it shall be his responsibility to furnish material of equal quality and quantity from another source, acceptable to the City Engineer. 6. MATERIALS AND PLANT OPERATIONS: All materials and plant procedures (mixing) shall conform to Minnesota Department of Transportation Specifications for Highway Construction 1978 Edition Specification No. 2331, or any addenda issued thereto, except as herein specified. The quantities in this contract shall not be subject to the provisions of MN /DOT Specification No. 1903. The addition of mineral filler shall not be required. Bituminous material for items #1 and #2 shall be AC -1 (85 -100 penetration).- Bituminous material for item #3 (winter mix) shall be MC -250. Anti - stripping additive shall be added as directed by the City Engineer at no additional compensation. Mixing of the aggregate and bituminous material shall be done in batch- type mixing plant. The per cent of bituminous material by weight shall be: COARSE MIX(AC -1) - 5.0 per cent FINE MIX (AC -1) 5.3 per cent WINTER MIX (MC -250) __ _ 5.0 per cent The aggregate for item # 1..(coarse mixture) and for item #3 (winter mix) shall conform to MN /DOT Specifications for BA -2 aggregate. - -- The aggregate-for-item #2 (fine mixture) shall conform to MN /DOT Speci- fications for bituminous aggregate with 100% passing 3/8" sieve. 7. BASIS OF AWARD OF CONTRACT AND PAYMENT: _ of bids shall be based on the - correct summation of the item . totals- obtained from the unit-price bid=- It shall be the bidder's- responsi-bility to extend each item and to indicate the total amount. he:m leage to the site -of loading the -material - shall.- be.. used - to -determine further whether -the low unit price per.ton_is sufficient to offset the - cost of hauling.- - _ - - - =- =.The- contract- shall_be paid for at-the rate of the unit price bid per ton. The contractor shall provide and operate a scale at the loading point capable weighing the owner's and contractor's vehicles for determination of ton quantities for payment. The scale.shall be operated by a registered weightmaster. The contract quantities per ton will be paid on the basis of these weight tickets. _ - -= -- - - -- - -- -_ _- Payment for materials received shall be made by the owner upon receiving or the material received b f Y the owner. The invo fr om the contractor an invoice shall indicate all bad tickets included in the amount of the invoice. t CITY OF BROOKLYN CENTER PROPOSAL FORM FOR FURNISHING & LOADING OF PLANT -MIXED BITUMINOUS MIXTURES Proposal of _.. Bidder's Name - Address Bids are due at the office of the City Clerk, City of Brooklyn Center, Minnesota, on or before 11:00 a.m., Thursday, April 22, 1982. Gentlemen; In accordance with your advertisement for bids and in conformity with the specifi- cations, I propose and agree to furnish all materials and equipment necessary or required to furnish and load the plant -mixed bituminous mixtures according to the following unit prices: Item Unit Quantity Unit Price Total 1. Plant- mixed bituminous mixture with coarse aggregate - Furnish and load only Ton 500 $ $ 0 2. Plant -mixed bituminous mixture with fine aggregate - Furnish and load only Ton 700 $ $ 3. Plant- mixed bituminous mixture - winter patch mix TOTAL AMOUNT (Quantities indicated are approximate - final amounts may be more or less) Location of loading area is miles from City Hah, 6301 Shingle Creek Parkway. - THIS BID IS TO BE GOOD FOR THIRTY DAYS - We agree if this proposal is accepted, we will execute a contract for the work' involved, and will furnish a_performance.bond in the amount of five thousand dollars ($5,000). - - _... _ F N e We, the undersigned, aggrce that if this proposal is accepted the above prices will be In effect until December 1, 1982. O n guarantee of sincerity of purpose in entering this bid, the undersigned encloses a certified check or bidder's bond in the amount of five per cent (5%) of the total amount bid, made payable to the City of Brooklyn Center, which it is agreed will be forfeited to the City in the event that said contract and bond is not executed as herein stipulated in the event that said proposal is accepted. By company _Name Address Telephone No. Date r MEMORA14DU: TO: Gerald G. Splinter, C Ma P '� g FROM: Brad Hoffman, Administrative Assistant DATE: March 25, 1983 SUBJECT: Specs for Aggregate, Seal Coat and Bituminous Material The specs to be delivered to the Council are last years. No changes have been made with the exception of bid date and other contract dates The bid opening will be April 21, 1983 at 2 :00 p.m. Other dates will reflect an appropriate 1983 date