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01/13/1986 - 00011715`I , V �i.v THE MINCTrES OF Tf� RF]GULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY � The Regular Meeting of the Fndley City Co�mcil was called to order at 7:30 p, m. by Mayor Nee. PLIDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. :f.�M�v:lifiA L'�MBERS PRESINT: Mayor Nee, Councilman Gooc3speed, Councilman Fitz�tricl�, CaLmcilnian Schneider and Counciln�an Barnette NIENBERS PBSIIQT: None APPI�VAL OF MINUTES: COUNCIL MEETING, JANUARY 6, 1986: MOTION by Councilman Schneider to approve the minutes as presented. Seconded tr� Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriecl unanimously. � ADOFPION OF AGEAIDA: M�TION by Councilman Schrreider to adopt the agenda as presented. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unanunously. OPEN FORUM. VISITORS: There was no response fran the audience u�der this item of business. OLD BUSINESS: 1. ORDINANCE N0. S50 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 405, ENTITLED "CABLE COMMUNICATIONS FRANCHISE" BY AMENIDING SECTION 405.13 (2) BY ADDING PARAGRI�PHS G TFII3�iJGH N REC�FIRDING FRANCHISE RENE4+�:L: A1�ID CONSIDERATION OF ACCEPTANCE AGREEMENP: Mayor Nee stated this ordinance had a first reading at the last Council meeting and askec] the legal counsel, Mr. P�latz, to update the Council iri these negotiations. Mr. Nlatz, of Herbst & Thue, stated he is recommending the second reading of this ordinance and also approval of the acceptance agreenent. He stated most of the discussions irq these rr�gotiations focused on the secunties to be provided. He statecl one of i-he cxrncerns was if the � cable television operator would be in a position to make the improvements. He stated the operator agrees to uranediately deliver a$100,000 �:erf ormance bond. He stated this 6ond will guarantee the cable television operator will -1- �� COUNCIL MF�TING OF JANUARY 13. 1986 � accept the franchise renewal, when offerec3 by thE City, and would contain the capital unprovanents noted. � Mr. Matz stated, at the tune of the franchise renewal, the cable television operator will deliver a$SOO,OOD performance bond. He stated thexe are security guarantees fran the g3rent corporation, Storer Cor[antmications, Inc. and SQ Inc., a lunited psrtnership, and SQ fIoldings. He stated another elsnent of security is Storer's oott¢nitrnent to �ay legal fees, if it becomes necessary for the City to retain oonsulting or legal services to f acilitate enforcement of any of the terms, representati�ns or provisions of the ordinance or the acceptance agreanent. He stated this is conditionec7 upon the City preva�ling in the litigation. Mr. Mstz stated he believed the Council has the necessary security devices built irrt.o the document and fox this reason, recommended second reading of the ordinance and approval of the acceptance agreement. Coimcilman Schneider asked what would happen if other "st wnbling blocks" came up duriny the refranchising negotizitions. Mr. Matz state& the commitrnent i� for acceptance of a franchise renewal on terms and coimnitrnents such as they are today. I�DTION 1� Councilman Schreider to wa�.ve the second reading of Ordinance I�o. 850 ana edopt it on the sewnd reading and order xxablication. Seconded by Councilman Fitzp�trick. Upon a voice vote, all voting aye, h9ayor Nee declared the motion carried unanimously. � NLYrION by Co�cilman Schneidex to authorize tl�e hlayor ar�c� City I�lanager, or appropriate City officials, to enter into the acceptance agxeement. Seconded by Cow�cilman Barnette. Upon a voice vote, all voting aye, Mayor - Nee declared �the motion carried unanunously. 2. �NSIDERATION OF APPOINPMENi'S TO CITY COMMISSIONS FOR TERMS EXPIRIT+IG APRIL 1. 1986 (Tabled Januarv 6, 1986): NpTION by Councilman Barnette to taale for several rneetinqs. Secanded by Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated he would like to see applications of perspective commission menbers. 3. CONSIDERATION OF SETTING A PUBLIC HEARING DATE FOR REZONING REOUEST, ZOe� #85-03, 1282 MISSTSSIPPI STREET N.E.. BY P�IARGARET BRICKNER: ADID CONSIDERATION OF SEPPING A PUBLIC HEARING DATE FOR REZONING REOUEST, ZOA #85-04, GENEI2�ILLY IfJCATED Bh'TWEEN 81ST AVENUE AND 83R1] AVENUE. AP�ll ALSO BE7WEEN MAIN STREET AND UNIVERSITY AVEIVOE, BY VANTt�GE PROPERTIES, IIJC.: NDTION by Councilman Goodspeed to set the public hearing Lor February 3, 1986 for rezoning requests ZOA #85-03 and ZOA �k85-04. Seconaed by � Colmcilman Schneider. Upon a voice vote, ali voting aye, I��r�gar Nee declared the motion carried unanimously. -2- � 4. 5. 6. � ' CAUNCIL MEETING OF JANUARY 13, 1986 RF�LITPIOIV 1�. 6-1986 ?i�POSING UJAD LIMITS OiV PlIBL1C S'I°P.E�^ -,��` !Ir��,yS: NDTION by Councilman Barnette to adopt Resolu�loii No. �i-1J8ti. �ecoiiCea by Counci3man Schneider. U�n a voic� vote, e,ll vo�ing ape, A�ayor Nce declared the motion c.a;.ryc� unanimously. CLAIMS• NDTION by Councilman Fitz�trick to authorize p�yment of Claims No. 6157 through 6328. Seconded tr� Councilman Schneider. Upon a voice vote, all voting aye, NL�yor Nee declared the motion carned unan�.mously. LICENSES: NDTION by Councilman Barnette to appra�e the licenses as sutmitted and as on fil.e in the License C1erk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unarumously. .� � . � MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 13, 1986 ad7ourned at 7:44 p.m. Respectfully sukmitted, .-C�2u.rC.. ��c'.��L Carole Haddad Secretary to the City Council Approved: ��;�� Wil.11�n J. Nee Mayor -3- -�--�-�_ V ��i