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09/14/1987 - 00011047� � ' i'X1. ` r�-.C� i��J THE MINUTES OF THE REGULAR MEETING OF TAE FRIDLEY CSTY COUNCIL OF SEPTEMBER 14, 1987 'Rie Regular Meeting of the Fridley City Couneil was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OE ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl a8. ROLL CALL: NEMBERS PRESENT: Mayor Nee, Councilman Goodspeed, Councilman Fitzpatrick, Councilman Sehneider and Councilwoman JorSenson MEI�ERS ABSENT: None PROCLAMATIONS: 200TH ANNNE RSARY OF THE SIGNING OF TE� UNITED STATES CONSTITUTION - SEPTEMBER 17, 1987: FREEDOM WEEK - OCTOSER 11 - 17. 1987: Mr. Bill Hunt, Assistant to the City Manager, read these proclamatzons whieh were issued by Mayor Nee. Mayor Nee presented these proclamations to Ms. Adrienne MeCown, Fridley Women of Today. She stated the Fridley Women of Today, formerly the Jaycee Women, encourage young people to become irrv olved in government affairs. APPROJAL DF MINUTES: COUNCIL MEETING. AUGUST 24, 1987: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested the following items be added to the agenda: Under Item 18, Receiving Petition from Maxwell Graphics, 5101 Industrial Boulevard, to be Ineluded in Water, Sanitary and Storm Sewer Pro�ect �k169; �24) Consideration of Change Order No. 3, Landscaping, Irrigation and Lighting Project �16$ with I�Linnesota V alley Landseape, Ine. and (25) Consideration of Change Order No. 2, Water and Sanitary Sewer Pro�ect �162 with Park Construetion. MOTION by Couneilman Schneider to adopt the agenda with the above additions -1- � 1. � � �"*"'i" r—'a�^� �k3t�� COUAICIL N�ETIt� OF SEPTEMBER 14, 1987 Seeonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: PUSLIC HEARING ON 1988 B�GET: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:k4 p.m. Mr. Qureshi, City Manager, stated the proposed General Fund budget is $7,594,078 and the total overall budget, ineluding special funds, is $S,k53,259• He stated the mill levy is heing maintained, however, revenue colleeted from property taxes would deerease 1.4$. Mr. Qureshi stated because of reductions in Federal aid, surpluses will be drawn upon in the amount of $491,587 to maintain the same level of service. Mayor Nee stated the Couneil has spent many months reviewing this budget and items have been thocoughly discussed. Councilman Sehneider asked what additions, if any, are ineluded in the Police Department budget. Mr. Qureshi stated two additional part-time Community Service Officers are i ncl ude d . Couneilman Sehneider stated Mr. Hill, Public Safety Director, has indicated he preferred to have the full-time Police Officer rather than the two part-time Community Service Officers. Couneilman Sehneider asked the costs involved. Mr. Qureshi stated the cost for two part-time Community Service Officers would be about $17,000 and the eost would probably dou6le to add one full-time Police Officer. Co�cilman Schneider stated he would be in favor of adding a full-time Police Officer 6ased on State wide statistics, He stated Fridley ranks No. 1 in police activity in communities under 100,OOD and ranks No. 16 in that same group relative to sworn officers. He stated it seems for another $17,OD0 they could reduce the amount antended of the reserve and add another full-time sworn officer. Couneilwoman Jorgenson stated she would prefer to have a full-tlme Police Officer rather th an the part-time Community Service Officers. No other persons in the audience spoke in regard to the 1488 budget. -2- �'�'i ��''A) COUNCIL MEETING OF SEPTEMBER 14 1987 ' MOTION by Councilman Sehneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:50 p.m. 2. PUBLIC HEARING ON 1987 SERVICE CONNECTIONS: MOTION by Councilman Fitzpatriek to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:50 p.m. Mr. Pribyl, Finance Director, stated these assessments are for water and sewer mains, laterals and serviee connections. He stated eaeh of the properties involved have connected to City water and/or sewer without paying a charge. He stated the property owners have agreed to pay these charges and they will now be assessed. Mr. Pribyl stated the assessment roll will be spread over a 15 year period at an interest rate of S-1/2�• No persons spoke regarding these proposed assessments. MOTION by Councilman Fatzpatrick to elose the public hearing. Seconded by Councilman Schneider. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:52 p.m. � 3• PUBLIC HEARING ON A VACASION, SAV^�87�-08:~TO VACATE THE, 66^FOOT STREET RIGHT-OF-WAY (73-1/2 AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET E R MOTION by Councilman Schneider to re-open this public hearing which was continued from August 2u, 1987. Seconded by Councalman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing was reopened at 7:52 p.m. Mr. Robertson, Community Development Director, stated this vacation is related to several other items on the Council's agenda this evening whieh involve a special use permit and a number of variances. He stated in reviewing the vacation, he would also present an overview of the other req ue st s . Mr. Robertson stated Rapid Oil Change has plans to demolish the current structure at 7315 Highway 65 and construct a new building. He stated it is proposed that 73-1/2 Avenue be vacated and the Minnesota Department of Transportation�s plans are to close off this intersection along with modifications to Fireside Drive. He stated wzth this vacation, the square footage of the site would increase from .5�+ aeres to .66 acres to bring it closer to the code requirement of .75 aeres. ' Mr. Robertson stated there is also a request for a special use permit to allow this use in a M-1 light industrial zone. He stated the Planning -3- ' � � ������� COUNCIL MEETING OF SEPTEPIDER 14, 1987 Commission reviewed this request on July 22, 1987 �d recommended approval with a num6er of stipulations to which the petitioner has agreed. Mr. Robertson stated there are a n�ber of variances required to reduce the lot area, side yard setbacks, parking and hard surface setbacks, and setbacks of the curb opening from a street right-of-way. He stated depending on whether or not 73-7/2 Avenue is vacated, some of the variances may or may not be required. Mr. Robertson stated a question was raised at the Planning Commission meeting if there would 6e adequate access to the site to the north with the elosing of 73-1/2 Avenue without the continuation of the service road to Fireside Drive. He stated the Public Works Director, Mr. Flora, felt if the service road were widened, it would be the same as other loopbacks in the City and adequate access would be provided. Councilman Schneider asked if the Minnesota Department of Transportation would elose off access to 73-1/2 Avenue regardless of tkie Council's actions. Mr. F7ora, Public Works Director, stated as he understands the Department of Transportation's position, they propose to close off the 73-1/2 median and modify the Fireside Drive median, probably next year. Mayor Nee' asked about the volume of traffic when the lots to the north are developed Mr. Flora stated those lots have aecess off Viron Road and 73-1/2 to Old Central or 73rd to Highway 65. Mr. Alvan Schrader, owner of the property to the north, stated he has approximately three acres on V iron Road and operated his business there until July of 7987. He stated he has an opportunity to develop his property as a high commercial site and the amount of aetivity would increase substantially. Mr. Schrader stated he has no objection to the vacation, if Viron Road is extended simultaneously with the vacation of 73-1/2 Avenue. He stated this could be accomplished by a development agreement with the City and Rapid Oil where the vacation wouldn't take place until construetion is completed of Viron Road to Fireside Drive. Mr. Schrader stated to vacate 73-1/2 Avenue and not complete V iron Road would eliminate the possibility of developing his property. He stated he talked to the Department of Transportation and closing of 73-1/2 is in their long-range plan and if the median is elosed, it still wouldn't prohibit a right turn onto Highway 65. He felt if 73-1/2 Avenue is closed, it would have an impact on 73rd and Highway 65 with more traffic at that intersection. Councilman Schneider asked Mr. Schrader if he felt his lots were undevelopable if Viron Road is not extended. Mr. Schrader stated if 73-1/2 Avenue remains open, he doesn't have a problem because there is immediate aceess to his property from Highway 65. Mr. Flora stated he knows the Transportation Department is concerned with -�- , 1 u ' ��.,�^,�'�" COUNCIL MEETING OF SEPTEMBER 14 1987 the median at 73-1/2 and Fireside Drive because of the number of aceidents. He stated the 73-1/2 exit could remain regardless of the median aetion, however, the Transportation Department would prefer it be closed so vehieles are not entering the highway at an unprotected intersection. He stated it was to have been part of the Transportation Department's plans for this year, but probably will not be accomplished until next year due to their workload. Mr. John Nelson, broker for Mr. Schrader, stated if there was a prospective buyer interested 3n Mr. Schrader's property, he felt they would look very carefully at the access to the property. He stated the property has been shown and they have seen there ia aceess at 73rd and 73-1/2. He stated a buyer would be less inclined to purchase the property, if 73-1/2 is cl osed without the extension of Viron road to Fireside Drive. He stated it could result in a decrease in the value of Mr. Schrader's property, if there is reduced access. Mr. Larry Falek, 175 73rd Avenue, stated he owns property to the east and asked who would pay for improvements that need to be done for Rapid Oil at this location. Mr. Flora stated Rapid Oil has agreed to pay the cost f or all improvements associated with the widening of the serviee road. Couneilman Schneider asked if there would be any assessments to Mr. Falek. Mr. Flora stated no assessments are anticigated to Mr. Falek at this time. Councilman Schneider asked about traFfic counts on 73-1/2 Avenue. Mr. F7 ora stated no traffic counts have been taken on this street. Mr. Qureshi, City Manager, stated there is considerable traffic on 73-1/2 Avenue because traffic from Onan and Medtronic use this street to access onto Highway 65. MOTION by Councilman Sehneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously and the public hearing closed at 8:27 P.m. PUBLIC HEARING ON THE PROPOSAL FROM NORTEL CABLE ASSOCIATES FOR A RENEWAL OF CABLE TELEVISION FRANCHISE: MOTION by Couneilman Schneider to waive the reading of the publie hearing notice and open the public hearing. Seconded by Councilman Goodspeed. Upon a voace vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:28 p.m. Mayor Nee stated this will be the fourth franehise considered by the City for cable television. He stated Gary Matz, attorney for the City and the Cable Commission, will review the proposal. Mr. Matz stated the franchise will expire in Deeember, 1987. He stated the -5- �+ti��)�� COUNCIL MEETING OF SEPTEMBER 14. 1987 , Cable Commission commenced a process for the purpose of renewing this franchise and adopted a request for proposal which was presented to the Council. He stated the purpose of this hearing is to allow Nortel Cable to formally present their proposal and receive any comments from the publie regarding past and future performance of Nortel as it relates to their franehise renewal. Mr. Gerald Kazma, President of Nortel Cable Corporation, explained Nortel's proposal for renewal of the franchise and submitted a copy of his presentation to the Council. He stated when he was before the Council last year seeking a transfer of the franchise from Storer Cable, he assumed the terms of the existng franchise as well as any future commitments made by Storer regarding upgrading the system. Mr. Kazma stated since that time, the basic subscribers have increased by 127, however, the Pay Television Subseribers have deereased by 353 which refleets an overall decrease in yearly reventxes received, He stated Nortel paid a franch3se fee to the City of $52,6�16 f'or their first 12 months of operation, He stated the purpose of the fee i� to administer the cable franchise including the City's legal costs, aceess, and government channels. Mr. Kazma stated Nortel agreed to upgrade or rebuild a 400 MHz, full � activated 54 channel system no later than January 1, 1990. He stated a commitment was made to provide a grant of $50,OD0 in year one, $50,000 in year five and $50,000 in year ten for the support of puhlic, educational governmental and library access. He stated Nortel also committed to continue its local origination endeavors using its studio in Fridley as well as a number of employees. He stated the Anoka County Communications Workshop is using 20� of the useable space in their building and 80$ is used by Nortel. He stated this was an extremely generous franchise aceess grant on behalf of Storer Cable, however, Nortel agreed in the transfer hearing to assume these conditions. Mr. Kazma stated Nortel made other assurances to the City regarding day to day operations, insurance, bonding and the rates would not be inereased for a 12 month period. He statied all of this is history as they are now making application for a riew 15 year franchise. Mr. ICazma stated as a point of interest, the City Couneil eompleted its review required by Section 626 (C) of the Cable Act by the issuanee to Nortel of the request or proposal on March 16, 1987• He stated the City has already missed the four month deadline to either renew the franchise or make the preliminary determination not to renew the franchise. He stated he wished it on record that Nortel is working in good faith with the City regardless of the failure of the City to adhere to the terms of the Cable Act. He stated he believes Nortel is going that extra mile in an attempt to resolve any differences it may have with the City. Mr. Kazma stated he ' believed Nortel has complied with the four main criteria detailed under Seetion 626 of the Cable Act in order for them to receive the 15 year franchise renewal. He stated he believed the Couneil was familiar with this SL � ��;�� _r 4 COIINCIL NEETIIdG 6F SEPTEMBER 14 1 S7 ' eriteria, however, he has included the Cable Act with this written presentation. Mr. Kazma stated the City requested a 400 MTz system and later revised it to 450 MHz. He stated Nortel accepted the initial 400 [�Iz and later revised that, after meetings with City officials, to 440 MHz. He stated this would provide the capability of 60 ehannels. He stated the distribution system is over 15 years old and has to be nurtured. Ee stated the rebuild of the system has never been a contentious point and from a practical standpoint, Nortel realizes the need for a new cable plant in order to provide better service. Mr. I{azma stated Nortel intends to begin the rebuild immediately upon the receipt of a new 15 year franehise and expects it to be completed by January 7, 1990. He felt this would eliminate a great many of service calls they are now receiving. Mr. Kazma stated Nortel proposes to continue the eurrent level of local origination and in year five of the new franchise, the progress will be diseussed in that field. Ee stated Mark Hammerstrom, Nortel's General Manager, prepared a s�mary sheet on local origination. Mr. Kazma stated Nortel strongly helieves there is no need for a separate institutional network in the City. He stated the vast majority of these networks are unused. He stated the Fridley School Distriet hasn't used the access channel in the last Five years and Nortel does not believe this is a � real need. He stated, however, in an effort to compromise the issues outstanding, Nortel will construct a separate institutional network conneeting the five buildings in the Fridley School Districts with the Anoka County Library and City Hall. He stated construetion of a separate institutional network would take place no later than year nine of the rebuild. He stated if Nortel didn't construct a separate institutional network during the rebuild, two channels would be dedicated for use by the City. He stated this is not a major issue and Nortel will build the institutional network in the rebuild process, if it is desired. Mr. Kazma stated Nortel will provide for an interconneet and work with the School District now in case Hauser Communieations agrees to an interconnect sometime in the future. He stated if this pleases the City, Nortel is prepared to go this extra mile. Mr. Kazma stated Nortel has provided the City with its subseriber service practices and is aware of several complaints made directly to the City. He stated this has been discussed in great detail and pointed out that in the last year, Nortel spent $35,000 on a new Mini Rohm system. He stated Nortel is aware of the problem, underatands it, and is working on it. He stated the City requested two specific lines for Fridley subscribers only and Nortel has re�ected this request. Mr. Kazma stated the reason is a great ma,7ority of their calls coming into them now is due to the rebuilt in Bloomington. He stated when the rebuild is done in Fridley, he didn't believe the two lines would be sufficient as there wil be a great number of ca11s. He stated because he is aware of the frustration on the City's part, ' Nortel will put in two lines for Fridley subseribers only between the franchise renewal date and the date they commence the rebuild. He stated this is only a period of six months before they will need all the lines to -7- �ri:'����"_""� COUNCIL MEETING OF SEYTEMBER 14, 1987 ' handle calls from Fridley subscribers. He stated Nortel doesn't neeessary agree with this request, but understands the City's frustrations. Mr. Kaz ma stated Nortel will supply a complete and accurate complaint log, but would not keep a log of all calls. He stated a great number of calls are a general type of question and to log all of those would be unnecessary and burdensome. Mr, Kazma stated when Storer renewed the franchise in 1982, a commitment was made for approximately $50,000 for access equipment. He stated when the City approved the ehange of control from a publicly held company to a leverage buy-out lead by Kohlberg, Kravis and Ro6erts, the minimum commitment for aceess equipment was for a$50,OOD grant in year one, five and ten of the renewal. Mr. Kazma stated Nortel strongly believes it can be proven that the access support was reasonable to meet future community needs. He stated the cost of video equipment has greatly declined in the last five years, however, Nortel will commit to a$60,000 cash grant in year one of the renewal. He stated the $60,000 represents the $50,000 grant made five years ago with an inflation factor. Ee stated in years five and ten of the renewal, Nortel offers cash grants to the city of $60,000 plus an inflation factor based on the consumer price index in the metropolitan area. He stated Nortel believes the existing capital commitment together with tfle 5� franchise fee will generously provide for the needs of all access groups in Fridley. � Mr. Kazma stated over the terms of the new 15 year franchise, franehise fees will amount to approximatly $790,000. He stated as revenues grow, so does the franchise fees. He stated the access grant of approximately $20D,000 and the yearly local origination costs of approximatly $40,000 committed over the term of the franchise is $800,000 with no allowanee for inflation and no allocation for the free studio and office space and expenses provided, He stated the costs, along with the franchise fee, are approximately $1,590,000 and he believed this will more than generously provide for reasonable communieation needs in Fridley. Mr. Kazma stated the local origination amounts to approximately $�1,400 per month, far in exeess of Nortel costs for programming services that subscribers wish such as ESPN, WTBS, CNN, CNN Headline News, USA Network and the rest of the service desired by Fridley subscribers. He stated the City can allocate more th an 5$ of its franchise fee for aecess if it so desires. Mr. ICazma stated Nortel will continue to provide the free studio space to the ACCW and coatinue to maintain the video equipment so far as they maintain a local origination production facility. He stated the studio space will be available for lease on a time, equipment, personnel, rental basis at competitive rates and play back facilities will be provided to distribute the leased access programming at a play back rate negotiated between the company and lessee. Mr. Kazma stated Nortel will continue to provide one dedicated channel for library aecess, any additional funding or equipment needed will be covered � by the access grant to the City. He stated one regional aceess channel will be provided as required by Minnesota law. � ���1�1�� COUNCIL MEETING OF SEPTEMBER 14, 1987 � Mr. Kazma stated Nortel reviewed various documents from School District �14, the ACGW and the City and felt the current level of access programming appears to have served the needs of the citizens of Fridley very well during the past 15 years. He stated Nortel is anticipating to spend at least $600,000 for local programming during the next 15 years. He stated the City will be receiving in excess of $790,000 in franchise fees and the financial commitment, along with the access grant, will amount to more than $1,590,OD0 and will provide a generous amount for local programming. Mr. Kaz ma felt these expenditures are extremely aggressive for a system of 4,200 subseribers. Mr. Kazma stated he believed Nortel is giving far more than allowed under the Cable Act. He stated last year he gave the Couneil his word Nortel would commit $150,000 to aceess grants knowing they didn't have to, but will stand by the commitment and not go back on his word. He stated Nortel wants to be and is a good corporate citizen of the City. Mr. Kazma stated the 5� franchise fee is allowed under the Cable Act and is Nortel's cost of doing business in the City. He stated Nortel is giving more than that 5� and made the commitment and will stand by it, but cannot go beyond this point. Mr, Kazma stated Nortel is willing to provide subscribers whatever they want when it is financed by them. He stated all of their surveys indieate the least watehed and required is the local origination and community access channels, however, this is where most of the program funds are used. , Mr. Kazma stated Mark Hammerstrom, Generai Manager and Keith Cripps, Vice President of Nortel were present to answer any questions from the Council. Councilman Schneider asked if the installation of the two phone lines would commence at rebuild and be discontinued at the completion of the rebuild. Mr. Razma stiated after the rebuild, two of those lines will always be maintained, but they may be needed at the time of the rebuild. Mr. Ed Kaspszak, member of the Cable Commission, stated the City is being asked to accept a 15 year franchise and making a commitment they will have to live with for this period of time. He stated this is unheard of in municipal government. He stated he felt uneomfortable with a 15 year franchise given the circumstanees and technology. Mr. Kaspsz ak stated he didn't agree Nortel ie a distribution system. He stated the Cable Commission's contention is what they want is an information system. He stated if Nortel was strictly a distribution media, there would be no use in having the meeting taped here this evening. Mr. Mark Neuman-Scott, representing the Anoka County Communication Workshop, stated letters ha�e been written regarding the Workshop's needs. Ee stated suggestions were made on how the company could save money and didn't believe that $60,000 in the years five and ten would meet the needs of all the access channels in the City. ' Mr. Brian Brady, 2730 Hayes Street, stated he is empl oyed by Onan and saw figures on operating expenses and capital to rebuild the system. He Felt � '• �s- �t^ A'IM+T `��.�V � �� rr COUNCIL MEETING OF SEPTEMBER 74 1987 � the City would be mueh better served if funds were spent to create the programs rather than simply distributing programs reeeived by satellite. Mr. Kazma stated none of the figures quoted this evening were for rebuilding the system. He stated this cost would be about $1.2 million. Mr. Fred Mykkanen, 6840 JefFerson Street, stated he 6elieved Nortel should not charge for extra outlets. He felt they should operate the same as the phone company and electric eompanies and charge to bring the service into the home, but there should not be an extra charge for outlets if a resident chooses to connect extra televisions. He stated he was charged $12/month and because he had two other televisions connected, his bill went up to $26/month. He stated probably everyone who has cable service has more th an one televison connected. Mr. Mykkanen felt it was unfair to allow the cable company to eharge for additional sets connected other than just for the basic service that comes into a residence. He stated he is not agaxnst a one time charge, but beyond that he felt it is unjust to the customer to keep charging every month. He stated Nortel told them the reason for the eharge was hecause they pay a copyright fee and he didn't feel it was a valid argument. Mr. Mark Hammerstrom, General Manager for Nortel, felt two issues were involved. He stated one issue is how the cable company paekages their service. He stated some inelude the charge for additional outlets into ' their basic service. He stated it isn't an uncommon praetice to charge fees for additional outlets. Mr. Hammerstrom stated Nortel charges any tame they split the signal. He stated the cable company is held liable by the FCC for striet standards and when equipment whieh isn't theirs is used, they cannot be sure the system isn�t leaking. Ee stated signal leakage can cause problems on a variety of signals. He stated copyright fees are charged on all basic service. Councilman Sehneider asked if Nortel didn't collect the additional fees, if they would have to pay more in copyright fees. Mr. Hammerstrom answered in the ne$ative. Couneilman Fitzpatrick asked if there is any difference sf the resident splits the signals or if Nortel splits the signals. Mr. Hammerstrom stated people do split the signal, however, if Nortel finds it, the resident is charged for an additional outlet. Councilman Fitzpatrick asked if the signal to a home would be the same, i£ Nortel split it or if the resident split the signal. Mr. Hammerstrom stated iF the splitter is installed poorly, there could be an additional signal loss. Mr. Hammerstrom stated the main eoncern is the FCC leakage. Councilman � Schneider asked if this has oceurred in Fridley to which Mr. Hammerstrom answered in the affirmative. -10- ������ COUNCIL MEETING OF SEPTEMBER 1�F. 1987 � Mr. Kazma stated the whole cable industry is quite split on this question of second televasion sets and if there should be a charge. He stated at one time, everyone eharged for second and third sets, then some started charging per household. He stated Nortel is reviewing it, however, eharges aside, they prefer to do all the installations in the home. He stated they didn't want the homeowner buying their own equipment beeause there is a signal leakage problem. He stated the FCC does eheck for leakage and fines are levied. Ms. Carol Holman, 5460 5th Street, asked what percentage of the households in Fridley subscribe to cable television. Mayor Nee stated about 4D$• Ms. Holman asked if anyone was checking into the possibility of awarding the franchise to someone else. Mr. Matz stated the Cable Act adopted by Congress in 1984 requires the City, in essenee, give consideration to the existing cable company and the City must find non-complianee on part of the cable operator or th at their proposal isn't reasonable for future needs. Ms. Holman stated as a subscriber, she would prefer the franchise not be renewed. She felt the service wasn't satisfactory and it appears the aurrounding communities have better service. Ms. Holman stated there has been no growth in the system and is her major complaint. She also stated ' getting through to their repair department is extremely difficult. Councilman Schneider stated Nortel's proposal is For a 60 channel system to be an line in 1990. Mr. Kaspszak stated the Cable Commission worked hard wath the Sch ool Distriet to determine their needs. He stated he talked to Dr. Rens, Superintendent of School District #14, several days ago and it appears the merger of the four sehool districts will come about quicker than anticipated. Ee stated he does have concern about the time when this program would be in effect. He stated Dr. Rens indicated they have a dirs need for interconnect and need it today. Mr. Raspszak stated the length of the franchise concerns him as it commits not only the City, but the schools. Mr. Ron Abrams, attorney for Nortel, stated Nortel would build the institutional network the same time they are constructing the rebuild in Fridley. He stated Nortel would be happy to meet with the Hauser people to discuss interconneet. Mr. Gary Mock, International Word Cable Network, stated he was not an a position to dissuade or encourage the Council from aecept3ng Nortel's proposal. He stated he was asked to come this evening by Cindy Bogs, a resldent of Fridley and Council 49 of the Knights of Columbus to share their hope in bringing EWTN on line in Fridley. He stated their program is in 400 systems aeross the nation and in 7 million homes. Mr. Mock stated they represent Mainline Christianity and have gone to a 24 hour service to reach persons of all ages. He stated Nortel is only one of two ' systems that doesn't offer their service. He stated EWTN can provide a very high and loyal service and Nortel could count on a dramatic increase in their viewership. -11- ' � , COIINCIL MEETING OF SEPTElIDER 14. 1 87 Mr. Andy Aurzada, 5872 Jefferson Street, representing the the Knights of Columbus, stated they support EWTN and members to watch this ehannel. He stated he would like to channel on the Fridley cable system. ���� local couneil of eneourages their see a religious Mr. Moek stated he wished to encourage the Council, as a provision of the new franchise agreement, to expect the cable company to be responsive to the needs of the citizens and community in the types of programs they offer. Mr. Paul Raspszak, 7317 Hillerest Drive, stated Channel 6 has a cable shopping network and as a viewer, he would like something else offered. Councilman Schneider questioned the number of trunk lines as indicated in a letter dated September 11 from Mark Hammerstrom. He asked if Northwestern Bell is allowing only one trunk line. Mr. Hammerstrom stated Nortel is working with Northwestern Bell and the answering service to see if that is the case. He stated it is in Nortel's best interests to serve their customers and as soon as a response is received from the phone company, it would be passed on to the Council. Councilman Schneider stated to alleviate some of the concerns, he asked if it might be possible for someone in City Hall to hae a home phone of someone in authority at Nortel. Mr. Hammerstrom stated Nortel would be agreeable to supply a phone number to a City staff inember, perhaps Clyde Moravetz. Mr. Kazma stated when the rebuild is done, the home shopping network would be removed from Channel 6 and placed on Channel 26. He also stated when the system is rebuilt, they will be seeking programming. Mr. Matz stated he would recommend the publie hearing be continued to next month . MOTION by Councilman Fitzpatrick to continue this publie hearing to October 19, 7987• Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 10:00 p.m. RECONVENED: Mayor Nee reconvened the meeting at 10:15 p.m present. OLD BUSINESS: All Council members were 5. CONSIDERATION OF A SPECIAL USE PERMIT, SP �k87-1u, TO ALLOW AN AUTOMOBILE SERJICE STATION ON LOTS 1 AND 2, BLOCK 2. CENTRAL VIEW MANOR, THE SAME BEING 7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE (CONTINUED FROM 8/24/87): -12- ��r�. ��;� COIIAICIL MEETING OF SEPTEMBER 1�4 1987 � This item was tabled to September 28, 1987• See Item 6 for further information. 6. CONSIDERATION OF VARIANCE REQUESTS, V AR �87-24, TO REDUCE THE MINIMUM ALLGWABLE LOT AREA FOR ONE MAIN BUILDING: TO REDUCE THE SIDE YARD SETBACK ON THE STREET SIDE OF A CORNER LOT; TO REDUCE THE DISTANCE THAT THE EDGE OF_THE CURB OPENING MAY BE FROM A STREET RIGHS-OF-WAY INTERSECTION; AND TO REDUCE THE PARKING AND HARD SURFACE SETBACK FROM A STREET RIGHT-OF-WAY TO ALLOW CONSTRUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2, BLOCK 2, CENTRAL VIEW MANOR, THE SAME BENG 7315 HIGHWAY 65 N.E., SY RAPID OIL CHANGE (CONTINUED FROM 8/24/87): Mr. Robertson, Community Development Director, stated a number of variance s are requested for this site and the hardship stated was the site is entirely landlocked so no further land acquisition is possible. He stated the variances are to reduce the lot area, side yard aetbacks, curb opening setbacks, and parking and hard surface setbacks. Mr. Robertson stated these variances were reviewed by the Appeals Commission and the recommendation was for approval. He stated several variances will not be required, if the Council decides to vacate 73-1/2 Avenue as this would increase the size of this parcel. Mr. Mark Gilbertson, representing Rapid Oil Change, stated their original , plan for the site did not take into consideration the vacation of 73-��2 Avenue. He stated the plan would work, with or without the vacation, and if 73-1/2 Avenue is vacated, there would be a simple modification of the driveway. He stated this parcel is very small and the only building th at could probably be construeted and meet all the code requirements would be a drive-thru photomat. Mr. Gilbertson stated he felt their business would enhance this corner, but didn't want to create a hardship for any other property owners in the area. He stated, at this time, approval is requested of the special use permit and variances so they can begin construction. Councilman Schneider stated unless the vacation of 73-��2 is approved, this pareel is certainly overcrowded. He stated Mr. Schrader's comments were that he did not want 73-7/2 Avenue vaeated until Viron Road is extended. He felt it was in Rapid Oil's interest to obtain the vacation, as Mr. Schrader's property would remain the same �f the vacation and variances were not approved. Mr. Gilbertson stated the site is now an eyesore and felt their development would enhance that corner. He stated because of the size of this pareel, anyone who wanted to develop the site would require varianees. Mr. Alvan Schrader, property owner to the north, stated with or without the variances, the lot doesn't meet the code requirements. He felt the lot is as funetional today as it would be if 73-1/2 Avenue is vacated. � Mr. Qureshi, City Manager, stated possibly Rapid Oil Change should have the opportunity to try and aequire additional property to the north for the extension of Viron Road. Mr. Qureshi stated he felt the whole traffic -13- � e�'y,�; i r� ;� COUNCIL MEETING OF SEPTEt�ffiER 14 1987 patterns should be solved as there are large volumes of traffic coming from the east. Mr. Flora, Public Works Director, stated the entire right-of-way needs to be obtained, He stated possibly widening the intersection at 73rd Avenue with another left-turn lane should be reviewed. Co�cilman Schneider stated if Rapid Oil Change didn't proceed with their plans, if staff kneH what may happen with this pareel. Mr. Robertson stated he, frankly, didn't know what would work because of the size of this site. Mr. Gilbertson stated the budget For Y,his project has been stretched as far as possible and didn't feel they were in a position to negotiate with the owner of the mobile home park to acquire access to extend V iron Road. He stated in order to pay for the assesament, the size of the building was decreased by 1 �1 feet. Mr. Flora stated staff inet with the owners of the mobile home park several times last year and asked for a 15 foot easement and, at that time, they were not in favor as it would involve moving one of their tenants. He stated since there are now some vacancies in the trailer park, this situation possibly may have changed. MOTION by Councilman Schneider to table items 5, 6 and 7 to the next meeting ' onSeptember 28 and direct staff to (1) rework the plan based on the new building size; (2) conduct appropriate traffic counts on 73rd Avenue and 73-1/2 Avenue; and (3) review possible options for V iron Road making sure the owner and tenant of the trailer park are involved. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 7. � � Mr. Gilbertson asked if there was any way Rapid Oil could began construction prior to the vacation of 73-1/2 Avenue, as it appears this will be a lengthy process. Mr. Qureshi stated staff will provide additional information to Couneil so, hopefully, a decision could be made at the next meeting. BLOCK 2, CENTRAL VIEW MANOR, TE� SAME BEING 7375 HIGHWAY 65 N.E., BY RAPID OIL CHANGE (CONTINUED FROM 8/24/87): This item was tabled to September 28, 1987. information. a FROM 8/24/87): NCH ESTATES SECOND ADDITI N.E.. BY JAMES BENSON AND ( -14- See Item 6 for further URY .�IN;Y4a!] ,� ,�r.� ��� �� COUNCIL MEETItdG OF SEPTEMBER 14 1 87 , Mr. Robertson, Community Development Direetor, stated there was a question raised whether it would be possible to combine the remaining parcels with Mr. Sehroer's other property to make it one tax parcel. He stated a deed was recorded in June, 1978 which reserves an ingress and e�ress access from Ranchers Road. He stated the petitioner's request for the combaning of these lots is really independent of the outstanding question if Mr. Sehroer does own this property. Mr. Robertson stated he believed the problem could be solved with the following stipulations: (1) Bob Sehroer will grant an access/egress easement for the south 50 feet of the west 115 feet of Lot 4 (see plat map easement A) to the City of Fridley or its assigned; (2) Bob Schrcer will reassign an existing private aecess/egress easement for the south 50 feet of Lot 5 Csee plat map easement B) to the City of Fridley or its assigned; and (3) Both easements will be held by the City of Fridley and may be recorded at any time in the future as public or private easements (assigned) at the City's discretion. Mr. Robertson stated he felt this settled the question of landlocking any property. Mr. Qureshi, City Manager, stated one of the stipulations of the lot split was all this property and the existing property Mr. Schroer owns would be combined into one tax parcel so whenever a portion is developed or sold, the City has ingut into the development. Re stated this particular stipul ation is not noted in this vacation request. Mr. Qureshi stated he realizes there is a legal question on a portion of the property, however, if it is determined Mr. Schroer is the owner, he should comply with this stipulation. ' Mr. Robertson stated the provision to combine all the property into one tax pareel was covered in the lot sglit approved on July 6, 1987. He stated what is now being considered is vacation of the old utility easement. Mr, Benson, representing Mr. Schrcer, siated Mr. Sehrcer agreed to combine all the pareels into one tax parcel and when the ownership of the property in question is settled, he is willing to comhine it into one ownership. Mr. Newman, City Attorney, stated the Council's prior stipulation did not include the groperty erosshatehed in blue as shown on the map. He stated parcel B and the other pareel, when it comes under the ownership of Mr. Schroer, would be combined with the property Mr. Schrcer owns to the south so all property would be under one tax parcel. Mr. Robertson stated parcel B contains property whieh Mr. Schroer own� as well as the property cwhose ownership is being contested. MOTION by Couneilman Goodspeed to waive the second reading and adopt Ordinance No. 894 on second reading and order publication, with the following stipulations: (1) developer responeible for all costs associated with relocation of 8 inch sanitary sewer line; (2) new utility easements to be provided on north and south of property to aceommodate relocation of sewer line; �3) Bob Schrcer will grant an aceess/egress easement for the south 50 feet of the west 1t5 feet of Lot 4(see plat map easement A) to the ' City of Fridley or its assigned; (4} Bob Schrcer will reassign an existing private access/egress easement for the south 50 feet of Lot 5(see pl at map easement B) to the City of Fridley or its assigned; (5) both easements will -15- '�@�=�."J�' COUNCIL I�ETING OF SEPTEMBER 14, 1987 , be held by the City and may be recorded at any time in the future as public or private easements (assigned) at the City's discretion; and (6) in the event Mr. Schrcer is declared the owner of Parcel B, it be combined with the property to the south as one tax parcel. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. � Mr. Benson stated the plans for this project have been submitted to the City and he requested they be allowed to apply for the building permit, after this vacataon is published. Mayor Nee and the Co�cil members ind3eated no ob�ection if the petitioner is prepared to take the risk of a possible reversal. BY RANDALL OLCHEFSKE AND KLAUS FREYINGER: Mr. Robertson, Community Development Director, stated a restrictive covenant regarding land uses will be executed for Mr. Freyinger's property and this covenant is being prepared by Mr. Newman, Assistant City Attorney. MOTION by Couneilman Fitzpatrick to waive the second reading of Ordinance � No. 895 and adopt it on the second reading and order publication, with the following stipulations: Klaus Freyinger's property -(1) petitioner agrees to execute a restrictive convenant agreement stating that land uses under proposed C-2 (General Business) zoning elassificaton for Tract B and C, Registered Land Survey No. 19, is limited to those land uses provided for in the C-2 (General Business) section of the Fridley Zoning Code except the following will not be considered permitLed uses: automobile agencies selling or displaying new and/or uaed vehicles, agencies selling or displaying recreational vehicles, automotive repair or service stations, liquor stores, bars and taverns. Restaurants serving wine and/or beer should be allowed. Complete prior to publication of rez oning ordinance; (2) petitioner agrees to refurbish building includang trim painting and roof equipment screening prior to occupaney; (3) petitioner agrees to install a brick dumpster enclosure wih opaque gate prior to occupaney; (u) petitioner agrees to install a pylon sign similar to the Riverside Carwash sign prior to full oceupaney; (5) petitioner agrees to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C (exeept along west edge) prior to oecupancy; (6) petitioner agrees to install landscape tree wells, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31, 1989; i7) Petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealeoating and striping prior to occupancy; (8) petitioner agrees to provide joint driveway easement (content approved hy staff) from Tract B to Tract C and joint driveway and parking easements from Tract C to Tract D, prior to publication of ordinance. ' Randall Olchefske's property -(1) petitioner agrees to refurbish westerly addition to carwash by adding roff equipment screening and refinishing facade (roof screening details by owner - approved by staff). Work to he -16- ' 10 L. J 11 ' ���4i ��� COIINCIL t�ETII� OF SEPTEMBER 14. 1987 completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landseapin� and provide automatie sprinkling as per City plan dated 7/1/87 on Tract D(except along west edge) prior to oecupaney of proposed adddition; (5) petitioner agrees to make parking lot driveway imgrovements ineluding shifting of westerly drive five feet east, and new curbing, blaektopping and retaining wa11 as indicated in City plan dated 7/1/87 prior to oceupancy of proposed addition. Driveway and retaining wall details by owner prior to building permits; (6) petitioner agrees to execute joint driveway and planting easements (content approved by staff) from Tract D to Tract C prior to publication of ordinanee; and (7) petitioner agrees to execute a restrictive covenant agreement stating that land uses under proposed C-2 (General Husiness) zoning classificaton or Traet D, Registered Land Survey No. 19, is limited to all land uses provided for in the C-1 (Local Business) section of the Fridley Zoning Code plus fuel dispensing and car wash uses will be considered as permitted uses, Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Qureshi, City Manager, stated he assumes publication of the ordinance xould be after the restrictive eovenant is signed. CONSIDERATION OF APPDINTMENTS TO THE ENERGY AND ENVIRONMENTAL QUALITY corn�zss zors : MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CONSIDERATION OF FIAST READING OF AN ORDINANCE APPR W ING A VACATION, SAV PARK, GENERLLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNNERSITY AVENUE. HY WAYNE JOHNSON: Mr. Robertson, Community Development Director, stated the City eould install the driveway to the Reed's property at 6017 3rd Street and assess all or a portion of the cost. Mrs. Reed, 6017 3rd Street, stated there isn't enough property on either side of their home to install a two car garage. She stated if a garage was constructed out from their front door, a four foot variance would be required. Mrs. Reed stated she would like to save as many trees as possible and if they proceed on this basis, four trees would have to be removed. She stated the eost estimates are about $7,000. Mrs. Reed stated there isn't much incentive to install the driveway if they have to pay the entire cost and lose the trees. She stated if the City wanted the vacation, they would agree with it if they ean get some assistance with the driveway installation and tree removal. -17- ���.�� COUNCIL MEETING OF SEPTEMBER 74 1$7 , M�yor Nee asked Mrs Reed if she had talked to the neighbors about the front yard encroachment of the garage. Mrs. Reed stated she had not, but that is the only location on the property where the garage could be constructed. Mr. Qureshi, City Manager, stated if the alley is vacated, one-half of it reverts to the property to the east, which i� the Highway Department's right-of-way, and the other half would revert to the properties to the west. Mr. Qureshi questioned the petitioner's plans and reason for requesting this vacation. Mrs. Reed stated she understands the petitioner, Mr. Johnson, wishes to construct a garage. Mr. Qureshi stated he didn't believe there would be sufficient space as part of the alley, if vaeated, would belong to the Highway Department. Councilman Fitzpatrick stated he didn't believe the petitioner was aware a portion wouid belong to the Highway Department and probably thought he would receive 12 feet not 6 feet. MOTION by Councilman Goodspeed to waive and reading and approve the ordinance upon first reading with the amendment for vacation of the west one-half of the alley, with the following stipulations: (1) a utility , easement to be retained over the entire portion of vacated alley; (2) garage construction contingent upon letters from all utility companies allowing a specified distance of encroachment into retained utility easement; �3) garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement; i4) petitioner to escrow funds with Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street; and �5) dumpster to be fully sereened. Seconded hy Councilman Schneider, Ugon a voiee vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 12. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 26, 1987: A. AUDITOR'S SUBDIVISON N0. 79. THE SAME BEING 4500 MAIN STREET N.E., BY RUBBER RESEARCH: Mr. Robertson, Community Development Director, stated this is a reque�t to allow for outside storage of materials and equipment for property at 4500 Main Street. He stated the Planning Commission recommended approval of the request with six stipulations, which he outlined. MOTION by Councilman Fitzpatrick to grant special use permit, SP 4f87-16, with the following stipulations: (1) provide a water main loop at the time o£ the building expansion; (2) provide landseaping and hard surfaee parking ' lot and driveways with curbing; (3) automatie sprinkling for front lawn to be installed with landseaping as per City's plan; (4) provide erushed rock or asphalt in the relocated storage area; (5) stipulations to be �� ��'e�� �, COIINCIL MEETII� �F SEPTEMBER 14, 1987 � accomplished prior to October 1, 1988, or prior to oecupancy of the new building whiehever comes first; (6) stipulations of the 12/22/86 building permit to be extended to October 1, 1988. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Pl annang Commission meeting of August 26, 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. ITEM FROM THE SEPTEMBER 1, 1987 APPEALS COMMISSION MEETING: A. CONSIDERATION DF A V ARIANCE REQUEST, VAR �87-29. TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 10 FEET TO 4.�4 FEET TO ALLOW THE CONSTRIICTION OF ADDITIONAL LN ING SPACE ON LOT 3 KERRY LANE N.E.. BY GREGORY MORTENSON (SEE ACCOMPANYING VACATION REQUEST): Mr. Robertson, Community Development Director, stated this is a reque�t for two side yard variances. He stated the Appeals Commission denied the request for a variance to allow the addition to the house to be in line with ths edge of the garage, however, they approved a setback of �l.6 feet for the � existing garage. He stated the petitioner is still requesting approval of a variance of 8.�1 feet, rather than 10 feet, in order to construet his addi ti on. Mr. Robertson stated the petitioner's hardship was that the proposed location of the addition is the only one feasible due to the l ayout of the house, existing decks, and the swimming pool. Mr. Robertson stated Mr. Mortenson has also petitioned for vacation of the drainage easement which is bein� processed. Councilman Schneider stated he really didn't have a problem with the original request by the petitioner and believed the neighboring property owner has no objection. Mr. Mortenson submitted a letter to the Council from Mr. Morford indieating he had no objeetion to the varianee. MOTION by Couneilman Schneider to receive this letter from Larry Morford, 6235 Kerry Lane. Seeonded by Councilman Goodspeed. Upon a voiee vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Mortenson stated it would be more aesthetically pleasing if the addition were in line with the existing garage wall. , MOTION 6y Couneilman Schneider to grant varianee request, V AR 587-29, to reduce the required side yard setback from 10 feet to 4.�4 feet to allow construetion of additional living space to line-up with the existing garage -19- ��.3`.�.'�J'� CODNCIL MEETING OF SEPTEMBER 14 1 87 ' wall and to reduce the required side yard setbaek for the existng garage from 5 feet to u.6 feet, subject to vacation of the drainage easement. Seconded by Councilwoman Jorgenson. Upon a voice vcte, all voting aye, Mayor Nee deelared the motion earried unanimously. : COIdSIDERATION OF A VARIANCE REQUEST, VAR �87-3z. TO DECREASE THE Mr. Robertson, Community Development Director, stated the petitioner's hardship was that the original plat was approved rrith no road and the City decided to construct a road and needed 25 additional feet whxch ch anged the orientation of the lot. Mr. Robertson stated the petitioner felt the hardship was really created by the City. Mr. Robertson stated the Appeals Commission reviewed this request and recommended approval of the variance with the stipulation the petitioner sereen any outside refuse containers. MOTIDN by Councilman Goodspeed to concur with the recommendation of the Appeals Co�ission and grant varianee, VAR �R87-32, with the stipulation that the petitioner screen any outside refuse containers. Seconded by Councilman ' Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaru.mously. 14. RESOLUTION N0. 68-1987 AUTHORIZING FUNDS TO BE EXPENDED IN SUPPORT OF I� DIATION SERVICES FOR ANOKA COUNTY OUT OF THE 1988 CITY BUDGET: Mr. Aunt, Assistant to the City Manager, stated this year the Council authorized funds from the emergeney reserve for Mediation Services and this resolution is for the Council's consideration to authorize funds to be expended in 1988. Mr. Hunt stated most human service organizations are funded through Community Develo�ent Slock Grants, however, in order for Mediation Services to provide free service, it is difficult for them to meet low to moderate income guidelines to be eligible for these funds. He stated in order to qualify for CDBG funding, it must be �own that 51$ of the funds received are used for low and moderate income families. Ms. Ann Wallerstedt, Executive Director for Mediation Services, stated they are requesting assistance at the rate of five cents per capita or $1,500 for 1988. She thanked the Council for their finaneial assistance in 1987 whieh provided Mediation Services with the opportunity to grow. Ms. Wallerstedt felt the application of inediation an community affairs is a very innovative process. ' Ms. Wallerstedt submitted a letter to the Council requesting financial assistance for the balance of this year. She stated they are faced with a cash flow shortage for the months of October, November and December and -20- / ��� /�1� ! COUNCIL MEETING OF SEPTE[•IDER 14, 1987 ' seeking assistanee in the amount of $5,000 From businesses, social, civie and community groups and organizations. Ms. Wallerstedt stated the request made to the City Council is for an additional $1,OD0 to $1,500. Mayon Nee felt consideration should be given for a one-time emergency contribution as he felt Mediation Seraices provided a worthwhile service. MOTION by Councilman Fitzpatriek to reeeive the letter dated September 14, 1987 from Ann Wallerstedt and direct that this item be conaidered at the next Council meeting on October 5, 1967• Seconded by Couneilman Sch neider. Upon a voice vote, all voting aye, Mayor Nee decl ared the motion carried unanimously. MOTION by Councilman Sehneider to adopt Resolution No. 68-1987• Seconded by Councilwoman Jorgenson. Upon a voiee vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CONSIDERATION OF RECEN ING THE 1988 BUDGET FROM THE NORTH METRO CONVENTION AND TOURISM BUREAU: Mr. Hunt, Assistant to the City Manager, stated the present agreement with the North Metro Convention and Tourism Bureau provides they submit their budget prior to October 1 for the Council's review. He stated the agreement ' also provides that any changes in the budget involving more than 10$ would require action by the Council. Mr. Hunt stated, at a future date, there will be a request this be ehanged. MOTION by Couneilman Fitzpatrick to receive the 1988 budget for the Plorth Metro Convention and Tourism Bureau. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECE N ING PETITION N0. 8-1987 FROM RAPID OIL CHANGE AND CONSIDERATION OF CHANGE ORDER N0. 3 FOR STREET IMPRWEMENT PROECT ST 1987-1: Mr. Flora, Public Works Director, stated he would suggest this item be tabled as it is associated with the Rapid Oil Change development and other related items were tabled to the next Council meeting. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 17. RESOLUTION ND. 69-1987 CONFIRMING ASSESSMENT FOR 1987 SERVICE CONNECTIONS: MOTION by Couneilman Schneider to adopt Resolution No. 69-1987. Seconded by Councilman Goodspeed, Upon a voice vote, all voting aye, Mayor Nee declared the motion earried unanimously. ' 18. RECEN ING PETITION �k9-1987 DATED SEPTEI�ER 14. 1987 FROM MAXWELL GRAPHICS: AND -21- '�,,r� ;,` ft�, COUNCIL MEETING OF SEPTEMBER 74. 1987 � RESOLUTION N0. 70-1987 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF C�TS THEREOF: WATER. SANITARY AND STORM SEWER PROJECT #169: MOTION by Councilman Schneider to receive Petition dk9-1487 from Maxwell Graphics. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Couneilman Fitzpatrick to adopt Resolution No. 70-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION N0. 71-1987 ORDERING IMPRWEMENT, APPRWAL OF PLANS AND OR➢ERING ADVERTISEMENT FOR BIDS: WATER. SANITARY AND STORM SEWER PROJECT �k169: MOTION by Councilman Fitzpatrick to adopt Resolution No. 71-1987. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2D. RESOLUTION N0. 72-1987 RERUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INSTALL THE WATERLINE UNDER I-694: Mr. Flora, Public Works Director, stated the Minnesota Department of ' Transportation has been requested to install the waterline under I-69u in cos�junetion with the Burlington Northern Railroad bridge crossing to be constructed next year. He stated the City would reimburse the Transportation Department for the cost of thas watermain construction. MOTION by Councilman Fitzpatrick to adopt Resolution No. 72-1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 21. CLAINS: MOTION by Councilman Schneider to authorize payment of Claims No. 16185 through 16510. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTIoN by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the Lieense Clerk's Office. Seeonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23• ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: � Herriek & Newman, P.A. 6401 University Avenue N.E. Suite 205 Fridley, MN 55�32 _22_ � `� 'j T ��/ M1 � `.��t� �i COUNCIL MEETING OF SEPTEMBER 1�4, 1987 For Services Rendered as City Attorney for the Month of August, 1987 . . . . . . . . . . . . $ 1,046.25 Allied Blacktop Company 10503 - 89th Ave., N. Maple Grove, MN 55369 Street Improvement Project ST. 1487 - 10 (Sealcoat) FINAL FSTIMATE . . . . . . . . . . . . . . . . . . . . $60,842.25 Custom Turf 298 Chester Street St. Paul, MN 55107 Creek Ridge Park Irrigation Project U177 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . $ b,7k0.00 Enebak Construetion P.O. Box 458 Northfield, MN 55057 Demolition and Site Grading Projeet No. 163 Estimate No. 7 . . . . . . . . . . . . . . . . . . . . $115,524.62 Halvorson � 4227 - 165th Ave., N.E. Anoka, MN 55304 Miscellaneous Concrete Curb & Gutter - 19s7 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . $ 1,793.79 Northwest Asphalt 1451 Co. Rd. #89 Shakopee, MN 55375 Street Improvement Pro�eet No. ST. 1987 - 1 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . $ 6,365.95 Park Construetion 7900 Heech Street Fridley, PIId 55432 Water & Sanitary Sewer Pro�eet #162 Estimate No. 6 . . . . . . . . . . . . . . . . . . . . $12, 508.65 Subterranean Engineering 6875 Hi�hway 65, N.E. Fr3dley, HA1 5543z Demolation & Site Grading Pro,7ect /�163 Partial Estimate . . . . . . . . . . . . . . . . . . . $ 5, 89� •55 ' Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. 24. CODISIDERATION OF CHANGE ORDER N0. 3, LANDSCAPING, IRRIGATION AND LIGHTING -23- ��' ��' COQNCIL MEETING OF SEPTEMBER 14, 1987 � PROJECT #168 FOR MINNESDTA VALLEY LANASCAPE. INC.: Mr. Robertson, Community Development Director, stated thxs change order is for a decrease in the projeet cost of $43,214•50. He stated the HRA approved the change order and Council approval is required before it can be implemented. MOTION by Councilman Schneider to approve Change Order No. 3 for landscaping, irrigation and lighting project �k168 with Minnesota V alley Landscape, Inc. for a decrease of $43,219•50 in the amount of the project. Seconded by Couneilman Goodspeed. Upon a voice vote, all voting aye, May or Nee declared the motion carried unanimously. 25. CONSIDERATION OF CHANGE ORDER N0. 2, WATER AND SANITARY SEWER PROJECT �t162 FOR PARK CONSTRUCTION: Mr. Robertson, Community Development Direetor, stated Park Construction has incurned some extra costs due to the delay in installing the water and sanitary sewer for this project. MOTION by Councilwoman Jorgenson to approve Change Order No. 2, water and sanitary sewer project #162 with Park Construction for an increase of $5,820 in the amount of the project. Seconded by Councilman Schneider. Upo❑ a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Sehneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 14, 1987 ad�ourned at 12:20 a.m. Respectfully submitted, -� .� �-�'�-� " � ' ��� ,-�'sZ._�_ � ��.,�' ��ti�.��tiv� Carole Haddad William S.f e Seeretary to the City Council Mayor Approved: � _Zy_