04/18/1988 - 5021� FRIDLEY CITY COUNCIL MEETING �
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FRGIEV R#DLFY
ATTENDANCE SHEET
MONDAY Apri 1 18 � 1988
7:30 P.M.
PLEASE Sl6N NAME,ADDRESS AND ITEM NUMBER INTERESTED IN
MAME ADDRESS � ITEM NUMBER
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FRIDLEY CI TY COUNCIL
APRIL 18 , 19 8 8 - 7: 3 0 P. M.
• Following are the "ACTIONS TAKEN" by the Administration for your
inf ormat i on.
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BOARD OF REVIEW
Board of Review . . . . . . . . . . . . . . . . . . . . . 1 - 1 A
Adjourned at 8:40 p.m.
CITY COUNCIL MEETING
APPROVAL OF MINUTES:
Council Meeting, March 28, 1988
Council Meeting, April 4, 1988
Approved
ADOPTION OF AGENDA:
Consider Item 18 when Mark Burch arrives
Consideration of Change Order No. 5 with TKDA for
Commons Park Water Treatment Plant Improvements
OPEN FORUM, VISITORS:
VFW Presentation to Fire Department
Dick Harris, 6200 Riverview Terrace, re:
Ordinance Enforcement - dumpster screening & sign
Council Meeting, April 18, 1988 Page 2
PUBLIC HEARINGS:
•Consideration of a Vacation, SAV #87-12, to Vacate
That Portion of the Service Road Lying East of and
Adjacent to Trunk Highway 65, Being a Part of Lots
16 and 17, Auditor's Subdivision No. 88, Anoka
County, Minnesota, Generally Located at 6257
Highway 65 N.E., by Shorewood Plaza Partners ....... 2- 2 G
Opened at 9:15 p.m. Closed at 9:22 p.m.
COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on next
agenda for consideration of first reading
OLD BUSINESS:
Consideration of Second Reading of an Ordinance
Approving a Rezoning, ZOA #87-01, to Rezone from
R-3, General Multiple, to C-2, General�Business,
On Lots 23 and 24 Together with Half Vacated
Al1ey, Block 6, Fridley Park, the Same Being 6501
East River Road N.E., by Christensen Auto ........ 3- 3 B
Ordinance 903 adopted with stipulations
COMMUNITY DEVELOPMENT--ACTION TAREN: Ordered publication
with stipulations
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NEW BUSINESS:
Consideration of First Reading of an Ordinance
Recodifying the Fridley City Code by Adopting a
New Chapter 405, Entitled "Cable Television
Franchise" and Repealing Old Chapter 405,
Entitled "Cable Communications Franchise" and
Granting a Franchise to Nortel Cable Associates
L.P. to Operate and Maintain a Cable Television
System in the City of Fridley; Setting Forth
Conditions Accompanying the Granting of the
Franchise Providing f or Regulation and Use of the
System; and Prescribing Penalties for the Violation
of the Provisions of this Ordinance . . . . . . . . . . . 4 - 4 EEEE
Approved on first reading with amendments
PUBLIC WORKS--ACTION TAKEN: Item is on next agenda
for consideration of second reading with amendments incorporated
•
Council Meeting, April 18, 1988
�NEW BUSINESS (CONTINUED):
Page 3
• Receive the Minutes of the Planning.Commission .
Meeting of April 6, 1988 . . . . . . . . . . . . . 5 - 5 I
Received
A. Consideration of a Lot Split, L.S. #88-02, to
Split the West 13 Feet of Lot 30 (Except the
Westerly 120 Feet), Brookview Addition, the Same
Being 1255 - 66th Avenue N.E., by Teresa and John
Gibson
Planning Commission Recommendation: Approval
with Stipulations
Council Action Needed: Consideration of
Recommendation
And
Consideration of a Resolution Approving a
Subdivision, Lot Split, L.S. 88-02, to Split
the East 13 Feet of the West 133 Feet as Measured
Along the North and South Lines of Lot 30,
Brookview Addition
Resolution No. 32-1988 adopted with stipulations
COMMUNITY DEVELOPMENT--ACTION TAKEN: Informed applicant
of Council approval with stipulations
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Consideration of Waiving a Sign Permit Fee for
Fridley HiStorical Society . . . . . . . . . . . . . . . . 6 - 6 D
Waived fee
COMMUNITY DEVELOPMENT--ACTION TAREN: Informed Historical
Society of Council approval
•
Council Meeting, April 18, 1988
(NEW BUSINESS (CONTINUED):
Page 4
�Receive the Minutes of the CATV.Advisory Commission• .•
of February 23, 1988 . ... . 7- 7 H
Received
COMMUNITY DEVELOPMENT--ACTION TAREN: Filed for future reference
Consideration of Setting Public Hearing for the
Reallocation of 1986 and 1987 Community Development
Block Grant Funds . . . . . . . . . . . . . . . . . . . . 8 - 8 D
Set Public Hearing for 5/16/88
COMMUNITY DEVELOPMENT--ACTION TAKEN: Proceeded with setting
Public Hearing for May 16, 1988
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Consideration of a Resolution Authorizing and
Directing the Splitting of Special Assessments on:
Auditor's Subdivision #88, Lots 1 and 2, Pin No.
13-30-24-31-0001 and Auditor's Subdivision #88, Lot 3,
Pin No. 13-30-24-31-0002 . . . . . . . . . . . . . . . . 9 - 9 B
Resolution 33-1988 adopted
CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized
Consideration of a Resolution Consenting to
Amendment of Loan Agreement Relating to Industrial
Development of Revenue Bonds for Farmers Union
Grain Terminal Association . . . . . . . . . . . . . . . . 10 - 10 E
Resolution 34-1988 adopted
CENTRAL SERVICES--ACTION TAKEN: Proceeded as authorized
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Council Meeting, April 18, 1988
NEW BUSINESS �CONTINUED):
Pa ge 5
� Consideration of a Resolution Consenting to Amendment
of Loan and Bond Purchase Agreement Relating to
Lamaur, Inc., Industrial Development Revenue Bond .... 11 - 11 D
Resolution 35-1988 adopted
CENTRAL SERVICES--ACTION TAREN: Proceeded as authorized
Consideration of Receiving Petition No. 2-1988
From FMC Corporation Requesting 51st Way Improvements .. 12 - 12 B
Received
PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized
•
Consideration of Receiving Petition No. 3-1988
From the Department of the Navy Requesting 51st
Way Improvement s . . . . . . . . . . . . . . . . . . . . . 13
And
Consideration of Receiving Petition No. 4-1988
From River Road Business Associates Requesting
51st Way Improvements
Tabl ed
PUBLIC WORKS--ACTION TAKEN: Will put on future agenda when received
•
Council Meeting, April 18, 1988
NEW BUSINESS (CONTINUED):
Page 6
� Consideration of Receiving Petition No. 8-1987
From Rapid Oil Change Requesting Highway 65
Service Road Improvements . . . . . . . . . . . . . . . . 14 - 14 D
Received
PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized
Consideration of Receiving Petition No. 5-1988
From Northwest Racquet, Swim and Health Club, Inc.
Requesting Improvements on Rice Creek Road and
Agreeing to Participate in the Cost . . . . . . . . . . . 15 - 15 G
Received
PUBLIC WORKS--ACTION TAKEN: Proceeded as authorized
Consideration of Receiving Petition No. 6-1988
�From HRA Requesting Improvements on Rice Creek
Road and Agreeing to Participate in the Costs ...... 16
Received
PUBLIC WORKS--ACTION TAREN: Proceeded as authorized
Consideration of a Resolution Receiving the
Preliminary Report, Receiving Certain Petitions
To Waive the Public Hearing on the Matter of the
Construction of Certain Improvements and Ordering
A Public Hearing on the Construction of Certain
Improvements: Street Improvement Project
No. ST. 1988 - 1 & 2 . . . . . . . . . . . . . . . . . . . 17 - 17 A
Resolution 36-1988 adopted as revised
PUBLIC WORKS--ACTION TAREN: Proceeded as authorized - set hearing
for 5/2/88 per Resolution
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Council Meeting, April 18, 1988
NEW BUSINESS (CONTINUED):
� Consideration of Receiving and Rejecting the
Bids for Miscellaneous Concrete Curb, and Gutter
and Sidewalk - 1988
Received
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Pa ge 7
And
Consideration of a Resolution Reordering Advertisement
For Bids; Removal and Repl.acement of Miscellaneous
Concrete Curb, Gutter and Sidewalk - 1988. ........ 18 - 18 E
Awarded to low bidder J& O General contractors
for $32,954
PUBLIC WORKS--ACTION TAKEN: Notified low bidder of
Council approval
Consideration of Receiving Petition No. 7-1988 and
Consideration of Removing the "No Parking" Signs
on the East Side of Hayes Street Between 73rd
Avenue and Onondaga Street . . . . . . . . . . . . . . . . 19 - 19 C
Received
PUBLIC WORKS--ACTION TAKEN: Filed petition & staff will remove
'No Parking' signs
Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Approved
CENTRAL SERVICE--ACTION TAREN: Paid claims
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 J
Approved
CENTRAL SERVICE--ACTION TAKEN: Issued licenses
Estimates . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 J
Approved
CENTRAL SERVICE--ACTION TAREN: Paid estimates
Consideration of Change Order No. 5 with TKDA for Commons Park
Treatment Plant Improvements . . . . . . . . . . . . . . . 23
•Approved for 52,700
PUBLIC WORKS--ACTION TAREN: Proceeded as authorized
ADJOURN: 10:50 p.m.
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COUNCIL M�ETING, APRIL 18. 1988
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PA GE 2
CONS I DERAT f ON OF A VACAT f ON, SAV #87-12. TO VACATE
THAT PORT I ON OF THE SERV I CE ROAD LY I NG EAST OF AhD
ADJACENT TO TRI;NK HIGHWAY 65. BEING A PART OF LOTS
16 AND 17 , AUD I TOR' S SUBD I V I S I ON N0. 88 . ANOKA
COUNTY, MI NNESOTA, GENERALLY LOCATED AT 6257
H� GHwAY 65 N, E, , BY SHOREWOOD PLAZA PARTNERS ....... 2- 2 G
1; � :
CONS I DERAT I ON OF SECOND READ I NG OF APti ORD I �JANCE
APPROV 1 NG A REZOiv I NG, ZOA #87-�1 , TO REZONE FROM
R-3 . GEP�ERAL MULT I PLE, TO C-2, GEIVERAL BUS i NESS.
ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED
ALLEY, BLOCK 6, FRIDLEY PARK, THE Sar�E BEir�s 6501
EAST RIVER ROAD N,E. . BY CHRI STENSEN AUTO ....
�W BUSINESS:
....3-3B
CONS I DERAT I 0� OF F I RST READ I NG OF AN ORD I NANCE
RECOD I FY I hG THE FR I DLEY CI TY CODE BY ADOPT I NG A
NEW CHAPTER 405, ENTI TLED "CABLE TELEV I SI ON
FRANCHISE" AND REPEALING OLD CHAPTER 405.
ENT l TLED "CABLE COMMUN 4 CAT { ONS FRA(VCH I SE" AND
GRANTING A FRANCHISE TO NORTEL CABLE ASSOCIATES
L. P. TO OPE RATE ANQ MA I NTA i N A CABL E TELEV I S I ON
SYSTEM IN THE CITY OF FRIDLEY; SETTING FORTH
CONDITIONS aCCOMPA�YING THE GRANTING OF THE
FRANCHi SE PROV IDI NG FOR REGULATI ON AND USE OF THE
SYSTEM; ANQ PRESCRI BI �1G PENALTI ES FOR THE VIOLATf ON
OF THE PROVISIONS OF THIS ORDIP�ANCE . . . . . . . .
, . . 4 - 4 EEEE
COUNCIL M�EETING. APRIL 18, 1988
: ► 1► � 1
PA �E 3
RECEIVE THE h11NUTES OF THE FLAN�ING COMMISSION
h'�ET I NG OF APR I L 6. 1988 . . . . . . . . . . . . . . . . . 5 - 5 I
A. CONS I DERAT I ON OF A LOT SPL i T, L. S. �88-02. TO
SPL IT THE WEST 13 FEET OF LOT 3� (EXCEPT THE
WESTERLY 120 FEET), BROOKVIEW ADDITION. THE SAME
BEING 1255 - 66TH AVENUE N.E.. BY TERESA AND �OHN
GIBSON
PLANNING COMMISSION RECOMMENDATION; APPROVAL
W i TH ST I PUL AT I ON S
COUNCIL ACTION NEEDED: CONS4DERATION OF
RECOMMENDATION
ANO
CONSI DERATI ON OF A RESOLUTI Oh APPROV I NG A
SUBD I V I S I ON, LOT SPL I T, L. S. 88-i32. TO SPL I T
THE EAST 13 FEET OF THE WEST 133 FEET AS MEASURED
ALONG THE NORTH AND SOUTH L I NE S OF LOT 30,
BROOKVIEW ADDITION
CONS i DERAT I ON OF I�lA I V I NG A S I GN PERM I T FEE FOR
FR 1 DL EY H I STOR I CAL SOC 1 ETY . . . . . . . . . . . . . . . . b - b D
COUNCIL MEETI NG. APRIL 18, 1988
: 1 � 1
PA GE 4
RE CE I V E TH E M{ N UT E S OF TH E CATV ADV I SORY COMM I S S I ON
OF FE BR UARY 23 , 1988 . . . . . . . . . . . . . . . . . . . 7 - 7 H
CANS I DERAT I ON OF SETT I NG PUBL I C HEAR i iVG FOR THE
REALLOCATION OF 1986 AND 1987 COM�"UNITY DEVELOPMENT
BLOCK GRANT FUNDS . . . . . . . . . . . . . . . . . . . . 8 - 8 D
CONS I DERAT I ON OF A RESOLUT I ON AUTHOR I Z I NG AND
�I RECTI NG THE SPL ITTI NG OF SPECIAL ASSESSMENTS ON:
AUDiTOR'S SUBDIVISION #88, LOTS 1 AND 2. PIN N0.
13-3H-24-31-0001 AND AUDITOR'S SUBDIVISION �88. LOT 3.
Pi rv No. 13-3Q�-24-31-0002 . . . . . . . . . . . . . . . . 9 - 9 B
CONS I DERAT I ON OF A RE SOL UT I ON CONSE NT 1 NG TO �
AMENDMENT OF LOAN AGREEMENT RELATING TO INDUSTRIAL
DEVELOPMENT OF REVENUE BONDS FOR FARMEP,S UNION
GRA I N TERM I NAL AS SOC I AT I 0� ................ � P1 - 10 E
COUPJCIL M�EETI NG. APRIL 18. 1988
: ► 1 1
PAGE 5
CONS I DERAT I ON OF A RE SOL UT I ON CONSE NT I NG TO AMENDMEhT
OF LOAN AND BOND PURCHASE AGREEMENT RELATI NG TO
LAMAUR, (NC.. INDUSTRIAL DEVELOPMENT REVENUE BOND .... 11 - 11 D
CONSIDERATIOh OF RECEIVING PETITIOIv N0, 2-1988
FROM F�iC CORPORATI Olv REQUESTI NG 51ST I�lAY IMPROVEMENTS .. i2 - 12 B
CANSIDERATION OF RECEIVING PETITION N0, 3-1988
FROM THE DEPARTMENT OF THE NAVY REQUESTI NG 51ST
WAY (MPROVEMENTS . . . . . . . . . . . . . . . . . . . . . 13
AND
CONSIDERATION OF RECEIVING PETITION N0, 4-1988
FROM RIVER ROAD BUSI NESS ASSOCIATES REQUESTI NG
51ST WAY IMPROUEMENTS �
0
COUNCIL N�ETI NG, APRIL 18, 1988
: I► ► 1
PA GE 6
CONSIDERATION OF PECElVING PETITIOh N0. 8-1987
FROM RAP I D O I L CHANGE REQUE ST I NG H I GHWAY 65
SERV I CE ROAD IMPROVEMEhTS , , , , , , , , , , , , , , , , 14 - 14 D
CONSIDERATION OF RECEIVING PETITION N0. 5-1988
FROM I`IORTHWEST RACQUET, SWIM ANG HEALTH (�UB. INC.
REQUESTI f�G IMPROVEMENTS ON RI CE CREEK ROAD AND
AGRE E I PJG TO PART I C I PATE I N THE CO ST .,.,..,,,,, 15 - 15 G
CQNSIDERATION OF RECEIVING PETITIO� N0. 6-1988
FROM HRA REQUESTI NG IMPROVEMENTS ON RI CE CREEK
ROAG AND AGREEI P�G TO PARTI CI PATE I N THE COSTS ...... 16
CONSIDERATION OF A RESOLUTIO� RECEIVING THE �
PREL IM I NARY REPORT, RECE IV I NG CERTA! P� PETI TI ONS �� .
TO WAIVE THE PUBLIC HEARIP�G ON THE MATTER OF THE
CONSTRUCT I ON OF CERTA I �! IMPROVEMEhTS AND ORDER I P�G
A PUBL I C HEAR i NG ON THE CANSTRUCT I ON OF CERTA I N
IMPROVEMENTS: STREET IMPROVEMENT PROJECT -
No. ST. 1988 - 1 � 2 . . . . . . . . . . . . . . . . . . . 17 - 17 A
COUPJC I L NEET I NG, APR I L 18. 1988
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PA GE 7
CONSIDERATION OF RECEIVING AND REJECTING THE
BIDS FOR MISCELLANEOUS CONCRETE CURB, AND GUTTER
AND SIDEWALK - 1988
AND
CONSIDERATION OF A RESOLUTION REORDERING ADVERTISEMENT
FOR B I DS; REMOVAL AND REPLACEMENT OF MI SCELLANEOUS
CONCRETE CURB, CUTTER AND SIDEWALK - 1988, ........ 18 - 18 E
CO�SIDERATION OF RECEIVING PETITION N0. 7-1988 AND
CONSIDERATION OF REMOVING THE "NO PARKING" SIGNS
ON THE EAST SIDE OF HAYES STREET BETWEEh 73RD
AVENUE AND ONONDAGA STREET . . . . . . . . . . . . . . . . 19 - 19 C
QA�MS ..........................20
L I CE t� SE 5 . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 J
EST i MATE S . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22 �
G11�I�Ii1:7
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TY�e Regular Meeting aF the Fridley City Cour�il was called to c�der at 7:35
p.m. by Mayor Nee.
PLIDG'E OF ALLi�]GIANCE :
Mayor Nee led the Council and audience in the Pledge of Allegiance ta the
Flag.
RULL C.�LL :
N��ERS PRES�TTP: N�iyor Nee, Councilman Billi.ngs, Cbuncilman
Fitzpatrick, CbLmcilman Schneider and
Cbuncilwanan Jorgens�
MEI�3ERS ABS'ENT : None
PROQ,AMATION:
FAIR HCnTSIlVG MJNI'H - APRIL. 1988:
Mayor Nee read and issued a praclamation proclaiming the month of April,
1988 as Fair Housing Month. He urgec] citizens to join with the Anoka County
C�munity Housing Resource Board and the Anoka Clounty Board of Realtors in
this observance by taking an active part in �ngrams sponsored by these two
organizations in helping make FY�idley a better place to live and work.
1�. Dan weeding, Anoka Cbunty Bo�ard af Realtors, received this proclamation
and thanked Mayor Nee and the Councilmembers for issuing the proclaanation.
fj• �:.�. �i��u ��ii�i .�
O�UNCII, MEETIl�G. N�RCH 7, 19 88 :
NYJTION by Councilman Fitzpatrick to approve the minutes as presented.
Seconded by Cour�cilman Billings. LTpon a v�oice vote, all voting aye, Diayor
Nee c3eclared the motion ca.rried. �an�mously.
ADOPTION OF AGF�QDA:
The follaaing item was added as Item 25 : "Consideration of a Resolution
Opposing Funding Mechanism Associated with S.F. 1928."
M7I'ION by Councilman Schneider to adapti the agenda with the �bove addition.
Secce�ded by Councilwcman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared th,e motic� carried imanimausly.
OPIIJ FL�R[JM. VISITORS:
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F'RI�7 CTPY O�UNCIL MEE�TING OF 1�+,RCH 28, 1988
ROGER BI,OHIK - ANI�KA ARF�A Q7[JNQL �R PERSONS WI'1%I DISABILITIES :
Mr. Blo�a►1 stated Mayor Nee appointed him as representative to the Anoka Area
Co�cil for Persons with Disabilities. He sta.ted the Anoka Area Council is
making pec�ple in Anoka CbunLy aware of their activities by having members
speak to various �ganizativns and cities. He stated they have vu+�rked with
tibe Hianan Resource Board in txying to pz�avide better accessibility to the
handicapped in Columbia Heights. He stated it is Yr�ped FYidley will update
their handicapped accessibility and they piropose to exg�-u1d their activities
at the Islands af Peace Office.
Mr. Blohm stated their crrganization is working to raise funds to provide
scholarships for disabled high sclx�ol graduates. He stated they assist the
disabled in solving problezns by directing them to the proper gavernment
agencies. He stated they are continually working on removal of
architecturat barriers to pravide better accessibility for the handicapped.
He stated the transportaticm issue is �e af the major prablens. Mr. B1ohm
stated he would appreciate any assistance in this area. He stated he
attended meetings at Rise, along with other organizations, and they are
atte�npting to apen a branch in FYidley Iocated near Unity Hospital to assist
the handicapped. Mr. BZohm stated memberships and grants in their
organization are necessary in order to continue their service to the
handicapped. He stated they want Anoka County to be rnunber cme in Minnesota
for helping the disabled.
Mayor Nee thanked N�. Blatan for taking cn this j ab because he lmaas there is
a lot af work involved. Mr. B1o1�1 stated it is very gratifying to knaw they
are assisting tha disabled.
Mayor Nee stated in regard to the transportation issue, he will again
reinfarce the importance to the North Stiiburban Mayors' Coimcil.
Cbuncilman Billings stated the Htunan Resources Commission is currently
revicwing t't��eir plan for the �xt s�veral y�ears and suggested to Mr. Blohm
that he contact Mr. Hunt, Assistant to the City Manager, who is the staff
liaisan far the Htanan Resources C.urcnissi�. Mr. Blotan s�ated he has spoken
wi th Mr. Hunt, however, what he wi shed to do is have staf f escort scn�on,e in
a wheelchair around the City Hall so they are aware of what problems they
face.
S'PEVE TAIQ�E, 6311 7�i STREET:
Mr. Takle stated eleven years ago there v�ras discussio� at a Council meeting
regarcling Village Green which was then a duck pond. He stated there was
discussion abaut the multi-faQnily units and the question asked repeatedly
whether the area along 63rd and 7th Streets would be single family
c�►ellings. He stated he was oon+cerned about duplexes being aonstructed. He
stated the residents were assuxed by the Council, at that time, and Mr.
Rahn, representative for the C�nadian Financial Cbrparatioaz, that they were
to be single faani.ly dwellings. Mr. Takle stated several units have been
caristnicted and are being built as duplexes. He stated he has contacted the
City staff and believes there is a technicality in the ar�dinance. He asked
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FRIA� CI'I'Y 47UNCII.� N�,TIlVG OF 1�RCH 28, 1988
what the City is planning to do ca1 this issue.
NL�yor Nee thank�ed Mr. Takle far bringing this to the �i1' s attention and
stated staff is oontinuing to w�ork cn the issue.
Mr. Rd�ertsc�, Q�mn�nity Develog��ent Director, stated there is an ambiguity
in the way the zo�ing ardinance defi.nes single family dwellings that leaves
an interpretatiari that it oould be occupied by five imrelated persons. He
stated these single family/duplexes have one main entrance and a common
foyer. He stated if it is found they are essentially being operated as
duplexes, the City can enforce the code because there is a definition for a
two fami�y c3welling.
Mr. Herrick, City Attorn�y, stated his office has sent a memo to the staff
� this issue and the structure that is being oonstructed, in his opinion,
is a two famly ck�relling although the way they are building it is ca�nauflaged
sar�what. He stated it is his opinion that the builder of those 7rmes is in
violati� in the spirit and letter af the law and would suggest the Council
give direction to the City Manager as to i�aw to pY�oceed.
Councilman Schneider stated Mr. Takle contacted him about a month ago
regarding this matter. He stated he does agree with his position and
sanething has to be c7�o�e to close the loaphples and oorrect the situation.
Mr. Takle stated so far this hasn't created any problems, but there still
are sane empty lots where other dwellings will be constructed.
Cbuncilman Billings stated the Cotmcil has received many co��nunications on
the issue and it will be addressed. He stated the six structures that are
currently there are licensed as single fami].y rental units, not duplexes.
He stated if a change in the c�dinance is required, it is sanething that
cannot be taken lightly as the ar�dinance shouldn't be so structured that
families ooulchz't live together. Councilsnan Billings stated the situation
across fran A�. Takle stnuld be resolved shortly.
PUBLIC HEARIl�S:
1. �1SIDERATION OF A FINAL PLAT, P. S. �187-07 , HEATFiER OAKS, BEIl� A REPLAT OF
I,OT 16, EXCEFI' THE EASP 33 FEh�, AUDIZ�OR' S SUBDNISION N0. 92, AND 0[]TLa!' A.
ACJI�RN HILLS ADDITION, AND THP,T PART OF LCyI' 14, AUDIZC)R' S SUBDIVISION 1�. 92,
WHICH LIES EAST OF THE WEST 165 FEET THEREOF, AND LOT 25, AUDITOR'S
SUBDIVISION N0. 92, EX�PT TF1E 9�RI,Y 150 F�I' INCLUDII� A RIGHT OF WAY,
AND ALL THP,T PART OF LOT 24, AUDITUR'S SUBDNISION N0. 92, EXCEPT THE SOUTH
150 FEET OF Tf� EA.ST 80 FE�7r OF SAID LO►I' 24, INCLUDING A RIGHT OF WAY, ALL
�Ar,ry LOCATED AT 5980 STINSON BOULEVARD N.E., BY BRICKNER BUILDERS
C7C�Fi'I2VITED F1tOM 3 88
AND
CUNSIDERATION OF A RESOLUTION APPROVING A FINAL PLAT, P.S. #87-07, BY
BRIC�R BUILDERS:
NDTION by Couricilman Sci�u�eider to reapen the public hearing on this final
plat, P. S. #87-07 . Secc�ded by Counci]m�l Fitzpatrick. Upon a voice vote,
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FRIDi,F.'Y CI'i'Y QXTNCTI, I��Il�IG OF N�RC�I 28, 1988
all voting aye, Mayor Nee declared the motion carried unanimously and the
public heari.ng recq�ened at 7:57 p.m.
N�. Rn�erts�, Cccnnunity Devel�nt Director, stated the Cbuncil continued
this publ ic hearing f ran NL3rch 7, 19 88 in ar�der to give staf f an apportunity
to review the drainage plan for this plat. Ae stated there are some
construction details to be worked out and these are added to the
stipulatians.
Mr. Roberts� stated the private c�iveway easement cn the Ettel property to
the street will not be used for any new utilities and the existing utilities
� this property will not be affected by this plat. Mr. Robertson also
added to the stipulatioa�s th+e requirement for turf restoration of the old
driveway � the Ettel property upon canpleticn of the cul-de-sac.
N�. Thill, 5961 Benjamin Street, stated his lot is in the Acorn Hills
Additio� and he questioned the actual lot line along the west edge of the
Briclmer develaFanent. He stated the current stake is about 18 incl�s to the
east af where Mr. Briclmer's surveyor has placed the stake. He stated it
looks like he is losing about 18 inches of his property.
Mr. Bric]Qrer stated the discrepancies taking place oaz tY�e boundaries will be
addressed.
Mr. Hezrick, City Attorn�y, stated he felt the entire arna is n�torious for
gaps and werlaps. He stated it could be that two pieces of property that
are suppose to abut may not cb so because af past survey errors that may go
back as much as 50 years. He stated what needs to be done is to make
certain that this plat does r�t overlap cnto any adjacent plats. He stated
it may very well be that there will be a small strip of property between
this plat and sa� af the adjacent plats that isn't in either of the plats.
He stated he didn't beli�ve it is terribly ii�ortant as 1o¢ig as th,e gaps are
on the exterior and not the interior of the plat. He stated to attempt to
resolve all of the surveying problens is a much bigger problen than prablems
that arise with this plat. He sta.ted staff shr�uld attempt to make certain
if there is an error, the error should be towards leaving a gap rather than
creating an averlap. He stated the plat has to be approved by the County
surveyor and he is well aware of the prablens. He felt between City staff
and the County Suxveyor's office, it should be worked out as well as
practically possible. �
N�. Thi.11 stated it depends where you take yaur measurenents and if they are
take.n fran Benja�ni.n Street, it mwes the line wer another 18 inches.
Mr. Herrick stated this is an example af how this came about in the first
place. He stated if the property is surveyed from the east and then
sunreyed frccn the west, gaps and overlaps result. He stated in the
Auditor's Subdivision created. i.n 1936, the lines don't coincide with the
quarter line of the section. He felt Mr. Brickner, staff, the County
SuYVeyor and r�eighbors will have to came up with a practical solution that
d�oesn' t hurt anyome.
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FRIDLE�'Y QTY Q7CINQL MEEP71�]G OF Ng1R�i 28, 1988
Mr. Rd�ertsce� reviewed the nine stipulatioa�s attached to this plat and the
additions to stipulaticns 2, 6 and 7.
Mr. Flora, Public Works Directar, stated the drainage to the rear of the
lots will be draining to fi.he depression where it na�mally drains. He stated
drainage fran the front yards will drain to the catch basin on Stinson
Boulevard. He stated the ma.j or portion of the lots will drain in the
cul-de-sac, piped to the rear o� the lots to the existing and exganded poa�d,
and then piped Lmder Stinsca� Boulevard to the New Brighton drainage system.
Cbuncilman Schneider stated this is the f irst i�e has aeen of th�e poa�ding and
asked if the existing contvurs will remain.
Mr. Flora stated the amount of flaw to the existing depression will be
faster and a new exit pirovided. He stated the pipe fran the cul-c�e-sac will
have a concrete swa]_e fram the autfall to the va�ir.
Cbuncilman Schneider asked. if there vuould be any drainage cnto the existing
hcmes.
Mr. F'lora stated the contaurs are n�ot changing and any drainage will be held
within those lines. He stated a concrete spillway would be pravided about
three feet wide for the water to drain. He pointed out � the c�ainage plan
that piping is st�awn in red and the markings in blue i.ndica.te starag�e areas.
Cbuncilman Billings stated at the Planning CarRLi.ssion meeting, Mr. Wager had
concern abvut a starm drain alo�g the line where the Mitchell/Ettel/Wager
Px'o�ertY meet.
I�. Flora stated sameone put about a six ir�ch pipe into the curb. He stated
with this �mpravement, a larger pipe vaould be installed leading directly to
the storzn sewer across the street into the N�w Brighton systan.
N�. Ettel, 1641 Gardena Avenue, stated there is a catch basin there that
drains l�ck to the street.
Mr. Ha.rlan Hansccm, 6000 Stinsoa� Boulevard, stated at this ti.me he has no
standing water on his property. He stated his concern is if lots are
filled, his t�ane would be the lawest cm ttaat oorner and he may be flooded.
He stated the third lot in the n�theast corner was �g way dawn and there
must be a ten foot drap.
Mr. Flora stated he dic�i't see the depressio� becaning a proble�n. Mr. Tom
Bricla�er stated their px�posal w�uld reduce the water into the depression on
the northeast corner.
Cbuncilman Schneider asked if the holcling poa�d was Mr. Briclmer's design or
th�e City's design.
Mr. Bricker stated that is the natural contour so it works out vexy well�to
use as it will be in the iiack yards aF the new hoanes. He stated with the
overflow pipe, it coulc'hi't possibly flood ariyone vut. He stated it may be a
slightly different shape than it is r�aa and, basically, all tt�y will do is
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FRID�,'Y QTY Q7[JNCIL N�TIl� OF NF�,RCII 28, 198$
clean it up, install the spillway and sod the yards up to the spillway.
Cbuncilman Schneider asked if there woul.d be any encroachment of water to
the three ixxnes ari Stinson Boulevard along the side o� the hplding pond.
Mr. Brickner stated the bottan will be designed so water drains into the
pipe and rzot into the yards. He stated it woulc�'t create any problems at
all as it is designed to nm cut before it would flood any�e's ixx�ie.
Mr. Ettel stated the corner hon►e had some water problems. He stated,
hawever, it hasn't been a prablem since the catch basin was added.
C.bunci]man Schneider asked if there were funds set aside to remedy any
prablgn.s which may arise. He stated he was concerned because so�ne holding
ponds in ttae �.st haven' t wc�rked as planned.
Mr. F'lara stated in the prablen with the (xeekridge development, there were
same adjoining properties that were laaer than the holding pcmds. He stated
with heavy rains, those ponds werflowed. He stated in this case, the pond
which naN has a minimtun autfall, will have an improved �tlet because a new
pipe will be installed into the existing systan providing a better flaw out
of the area.
Cbuncilman Schneider asked if staff was confident this plan doesn't have any
in�act a1 existing Y�s and if there is a prabl�n, the City would take care
af it.
Nh�. Flora stated there should be n� prablans with water draining onto these
h,ames. He stated the amaunt of water would be controlled and an outfall
prwided.
Mayor Nee asked the difference in elevation between the hames and the
cantours. Nh�. Flora stated there is a co�siderable drop in tYie back about
three to four feet to the bottan af the �ond and a two f oot drop f rcan the
hpuse to the pxaperty line.
Councilman Schneider stated farther south on Stinson Boulevard there has
been sane flooding behind the homes on the Fridley side for a number of
years. He asked if this develc�n�ent would have any impact.
N�. Flora stated the normal flaw of the water is to the north and there
should not be any problens.
Cbunciln�an Billings stated frcm what is being proposed, Lots 1, 2 and 3 aIl
drain to the riorth and the frant half drains to the sauth.
Mr. F'lora stated there is a ridge line as a hi�i point through the property
and the water would normally drain in two directions. He stated with
co�structio� af the i�anes in this plat, the property will be sloped to the
street so the street beccmes a oollector far� all the front ya� drainage.
Mr. Qurnshi, City Mar�ager, stated the point should be made that presently
�
FRIDLEY CITY Q7UNQL MEETIl�IG OF N�,RCH 28. 1988
there is no autlet far the system. He stated if the system is designed
prriperly for Stin.so� Boulevard, it shauld be at least faur feet deep with an
outlet to connect to the New Brighton systen.
Cbuncilman Billings stated his oor�cern is that water doesn' t drain through
I�. Wager' s hane. He asked if the f inal plans are worked aut.
Mr. Flora stated the City does n�t have the fi.nal drawings at this time.
Cb�cilman Schneider stated he would propose that $15, 000 from the City' s
stornn sewer fur�d be dedicated for a period of up to five years far drainage
prablens which may occur as a result af errors in the drainage plan and/or
engineering.
Cbuncilman Billi.ngs asked Councilman Schneider if he wasn't oanfortable with
the c�ainage plans because he has r�ot seen the final plans.
Councilman Schneider stated in past experiences with holding ponds, there
always seens to be a problen. He stated if the City approves the drainage
plan and it doesn't work, t,he City shpuld correct the prablem.
Cbuncilman Billings stated he is concerned about the drainage and felt it
should be �orrect when the plan is approved. He felt this item should be
tabled Lmtil the Gouncil receives the final drainage plans.
Cbuncilman Schneider stated even when the final drainage plan is submitted,
he is not sure it wrnald change his positi�m since he is very car�cerned abaut
any h�lding ponds as he felt they haven't worked in the past.
N�. Qureshi stated stipulatian No. 4 prwides for storm sewer assessments
and this should cover ariy problens si�uld th�y arise.
Mayor Nee stated this is an issue wi�ether ar not the drainage system will
work. He stated he cannot see the general taxpayers p�ying to guarantee the
plan.
Mr. Hazvey Wa9er, 5940 Stinson Boulevard, stated there is a six inch
corrugated culvert caming aut of the catch ba.sin csi the west side o� Stinsoa�
Boulevard. He stated he installed it and the pipe ccmes within five feet of
the retaining wall of his ga.rage. He stated he installed a four inch
plastic pipe back to the corner and macle a ca.tch basin 12 to 14 ir�l�es deep.
He stated that has about a three inch fall frcm the pond to the catch basin
to the street to the east. Nh�. Wager stated hs dich�' t think there was roc�r►
far a cFSnent spillway. A pipe will be �d �rt of the way and if this is
dcne, he will be flooded. He felt the pipe sY�uld be located close to where
it is now. He stated tYbere is a deeper area, but there isn' t any fall in
order for the water to get aut to the street.
Cbuncilman Billings stated there is only a three foot fall frcm the back of
N�. Wagpx' s door to ttve bottan of the ditch.
I�. Qureshi asked th�e depth o� the catch basin on the east side of Stinson
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FRIDLEY CITY QXJNCII, N�ETIIVG OF NARQi 28. 1988
Boulevard. Since this questio� oould not be answered, Dsr. Qureshi stated
this iten could be tabled to the next meeting and he guarantees the Council
will have all the inforn�atcai r�eec3�d � the c�ainage.
NDTION by Cbuncilman Schrbeider to oontinue this public hearing to April 4,
1988 and direct staff to ar� back with additioa�al drainage infomiation and
proposal oaz how corrections would be made, if there are errors in the plan.
Secomded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried �animously.
2. C�ONSIDERATION OF A REZONING, ZOA #87-01, TO REZONE FROM R-3, GENERAL
MJLTIPLE DWELLING, TO C1-2, G�AL BUSINESS, ON LOTS 23 AND 24, TOGETHER
WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, ACCORDING TO THE PLAT
TF�REUF ON FILE AND OF REO�RD IN � OFFICE OF THE COUNTY RECORDER IN AND
FOR ANOKA Q7tINPY, MII�IIVESO►I'A, THE SAME BEIl� 65 O1 EAST RIVER ROAD N. E., BY
Q�2I5'I� iVVS�N AL]'I'0 BODY:
NDTION by Councilman Fitzpatrick to waive the reading of the public hearing
notice and c�en the public hearing. Seconded by Cbuncilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
imanimously and the public hearing crpened at 8:58 p.m.
N�. Robertson, Co�ununity Development Director, stated the Planniag
Cam�ission reviewed thi.s rezoning request at their March Z1, 1987 �eting
and recc�m�e.nded apprwal to the Council with stipulations. He stated this
item was tabled by the Council on April 6, 1987 at the request of the
petitioner, Nfr. Ctaristensen, in order for him to work out same questions
regarding the right-af-way.
I�. Robertson stated the petitioner would pravide an easement for snaw
storage and sign placenent along the west seven feet of Lots 21 through 29
for County purposes. He stated t,he triangular piece previously requested is
not required by the Cbunty. He stated shr�uld the City decide to implement
urban desi� standards. Mr. C�ristensen stated he wouldn't be opposed to
granting arYy easgnent for plantings ar� paving. He stated the stipulations
have been revised to reflect this canprani.se.
Mr. Robertson stated in oo�junction with this rezoning request, there are
scme related requests far special use permits and variances. He stated the
special use pezmits are for autside storage c� Lots 25 - 28, a repair garage
in C-2, and g3rking � 1�3 for principal u� ce� adjacent lots far Lots 25 -
28. Mr. R,�bertson stated the variances are for reduction af planting buffer
between R-3 and 1�1 zonings frcm 15 to 0 feet, reduction of building setback
adjacent to 1�-1 zoning fran 50 feet to 11 feet, and reduction of planting
buffer betwen C-2 and R-1 zoni.ngs from 15 feet to 0 feet. He stated the
special use permi.ts and variar�ces wauld be c�nsidered at the time of f irst
reading af the rezo�ing ar�clinarbce.
Cbuncilrnan Fitzpa.trick asked about the bikeway/walkway. Mr. Robertson
stated the bikeway/walkway could be installed in the right-of-way. He
stated the question is if there is enaugh roan far� snau storage.
�
FRIDi�Y CITY C)0lJNCII, MEETING OF NARC�i 28, 1988
Mr. Flora, Public Works Director, stated the County proposes to install the
bikeway/walkway om the w�est sicle of East River Road and dic�'t make an issue
of an easenent c� the east side.
I�. Richard Kanper, 7857 Alden Way, member af the Unitarian Church, stated
his �ly coa�cern is the easanent that curre.ntly exists � the r�arth side of
the green area leading to the cenetezy. He asked what intpact this rezoning
wauld have ori tt� easenent.
Mr. RQberts� stated a stipulation of the special use permit is that the
garking and storage area be constructed in a manner which respects the
existing=cenetery and saves all existing trees not located in the future
paved area.
N�. Kanper stated there is a boumdazy between the cenetezy and storage area
and asked if there would be changes from what naw exists. Mr. Robertson
stated he didn't believe there would be any major change, except the
addition aF a fence.
Mr. C1�ristensen stated in the area between the cemetery fence, there is
about six feet they vaould not touch and leave Lot 29 ca�letely alone so it
shaulch�'t affect the cenetery at all.
No other persons in the audience spoke regarding this proposed rezorLing.
MyI'ION by Councilman Fitzpatrick to close the public h�earing. Seconded by
Councilman Billings. LTpon a voice vote, all voting aye, Mayor Nee declared
the motion carried �usly and the public Y�earing closed at 9:08 p.m.
OLD BUSIl�SS:
3. C�IVSIDERATION OF REVISED 0.�NIPREE�TSIVE SIGN PL�AN F�DR RIVERBOAT PLAZA, 7899
EA.ST RIVIIt ROAD N. E. ( O�NrIlV[TED FROM 3/7 /88 ):
Mr. R,obertson, Co�tm►unity Development Director, stated the awner of the
Riverboat Plaza Shopping C7enter appeared before the Council on March 7. 1988
to appeal the Council's decision on the camprehensive sign plan apprwed
July 20, 1987. He stated the Council approved this si� plan with deletion
o� the reader board and a stipulatiari that future sign permit appraval be
based oa1 the implane�itatic� af the landscape plan. He stated Counczl has
decided the landscape stipulati� slwuld be deleted as part of the appraved
sign plan since it has rx� relevance to si�age.
Mr. Robertso� stated staff has worked with Mr. Klus and is reccmnending the
reader ba3rd be regulated as a temporaiy sic,� per the o�dinance. He stated
the ardinance states that te�oraxy signs are allawed three times per year
per business for n�o�co�secutive 10 day periods. He stated the portapanel
has been used by the shopping center's seven businesses f� appr�ximately 90
days this year. He stated, as a whole, the shopping center could use a
tenporazy sign for up to 210 days per year, therefore, there are about 120
days left in the year for a pezmitted tenporazy si�. Mr. Robertson stated
staff is reca�e.nding that each tenant be allawed to use a temporary sign
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FRIDL�,'Y C�'I'Y Q7UNCII., N�,TIl� OF N�RCfi 28, 1988
two more times this year for naricansecutive 10 day periods. He stated staff
f eel s the sign shoul d be ranoved f ran its i�lanted state by April 15 , 19 8 8
to make it actually portable.
N�. Robertso� stated landscape vptions were also discussed with Mr. Klus.
He stated i�. KLus can impl�nt the present landscape plan approved in 1978
or anoti�er plan designed by the City. N�. Rcabertson stated Mr. Klus would
have bids oaz each plan and determine which will be implenented.
Cb�cilman Fitzpatrick stated his coa�cept o� a portable sign is a sign that
cames and leaves the presnises. He stated it never occurred to him that
seven busir�esses in a stare front arranganent w�uld each use it for a 10 day
period as mar�y as three times a year to bring the total to 210 days af use.
Cotmcilman Schneider stated the reader baard was to be just a t��rary si�
and no ca�e esivisicmed a shapping center could have several there almost all
the time.
Mr. Herrick, City Attorney, stated fram the enforcement standpoint, the
simplest way is not to permit them at all. He stated if they are to be
permitted, then the question must be addressed haw of ten they can be used
and if uses are based � the prenises ar rnunber aF tenants.
N�. K1us stated he did scx�� research and f ound he doesn' t own the reader
board at the shopping center. He stated the sign can be lifted and maved.
He stated his tenants have taken out a pernnit for this sign and he has
advised them when this permit expires, they are to remove it. Mr. Klus
stated the reason this reader board sign was used was because the pawer was
disconnected frcm the pyl� si� of which he was not aware.
Nh�. Klus stated the pyl� sign conforms to the ordinance and a deternunatian
will be made if it is cost effective for the reader baard inforn�ation to be
placed cn the existing si� as the cost would be about $3,000.
I�. Klus stated he is in the process af abtaining bids for the landscaping
and will decide which plan to implenent wi�en these bids are received.
MYI'ION by Councilman Fitzpatrick to apprave the carrprehensive sign pl an f or
Riverbaat Shopping Center, 7899 East River Road, as st�wn oa1 Pag+e 3 C of the
agenda, with the deletion of the words "plus the detached separate
reade�board sign" under Secticei A-1 and deletion of Section A-2 pertaining
to the use of the reader-board sign. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimausly.
Cb�cilman Fitzpatrick felt staff and the City Attorney should bring ba.ck
inforniati� as to whether or not the reader board or portapanel si�s should
be permitted.
Cb�cilman Schneider stated he would ooncur, hawever, he felt the City n�eeds
to not csLly ac�dress portable signs, but other items u.�ed in �anotions such
as banners, balloons, etc.
-10-
FRIDLEY CI'1'Y QxTN�.II., N�,'PING OF NARCH 28. 1988
Cbuncilman Billings stated l�e believed staff has prepared information on
portapanel siclns for the Flann; ng ��.ssion' s review.
N�. RQberts� stated it is an ac�ninistrative headache to properly enf orce
this c�dinance. He stated p3rt of the prablen is that these p�rtable signs
are usually rented om a mo�thl.y basis and people do not want to only use
th�an far� 10 days as is pezmitted by the ar�dinance.
Cotmcilman Fitzgatrick asked if there would be a problem outlawing these
signs. Mr. Herrick stated h�e doesn' t laww how af ten they are being used and
how the business cammuni ty woul d respond, but f rom an enf orcement
standpoint, it would be easier mt to permit then at all.
Councilman Fitzpatrick felt the Council should probably wait for a
reca�mendation fram the Planriing Ccnmissioa�.
4. Ct�NSIDERATION OF REVISED O�REE�NSIVE SIGN PLAN FOR MOON PLAZA SHOPPING
CENPER, 6201 LlNI�TERSITY AVIIV[JE N.E., (OI�NrIl�UID FROM 3/7/88) :
Mr. Robertso�, (]aRmunity Develo�nent Director, sta.ted at the March 7, 19 88
meeting, the Council denied the request of Mr. Gearnian, annzer af MQOn Plaza
Shopping Center, for a revised sign plan. He stated staff contacted Mr.
Gearman and discussed options of either resubmitting a new signage
renodeling and facade plan or enforcing the present camprehensive sign plan.
He stated N�. Gearn�an ci�se to enforce the present sign plan by working with
the tenants and City. Mr. Robertso� stated Mr. Gearman should require all
businesses with nonconfornning signs to come into compliance with the
appraved sign plan by June 18, 1988.
Mr. RQbertso� stated the G�ty Attorney's office researched the problem of
si� amortization and r�co�forming uses may be eliminated by mimicipalities
after a reasonable anortization period. He stated the courts have found
that signs have been fully aanortized after a period of three to four years.
He stated in this case, all nonconf ozming signs have been amortized and
should cunply with th�e si� plan.
Mr. Rd�ertsoa� stated Mr. Kim Olsen was also oontacted to discuss the status
of his nanconfornling si� for North Star Video. He stated Mr. Olsen felt he
has not been given enough time to resubmit a new sign plan even though his
variance expired more than a year ago. He stated staf f is recannendiiig Mr.
Olso� bring his sign into canpliance by April 30, 1988. '
Ms. C�rolyn Olsen stated her husband, Kim Olson, is aut � tavn and wauldn't
be back far two weeks. She stated she isn't famil.iar with this situatiari as
her husband handles these issues.
Cbuncilmzn Billings stated he talked with Mr. Olsen and the message Mr.
Gearman gave to Mr. Olsen is that he would be doing a facelift on the
shopping center and imderstood he had sane bids. He felt Mr. Olsen may be
dragging his feet, hawever, he is getting so�ne mixed signa.ls fram Mr.
Gearnian as to what his plans are for the shopping center. He stated it
seens 1�. Olsen doesn't want to put mo��ey into a r�ew sign if he' 11 have to
-11-
FRIDLEY CI'PY Q7[JI�TCII, I�ErING OF NARC�i 28, 1988
replace it shortly. Cb�cilman Billings stated he understands the lease
expires in Octaber and there is the possibility they may or may not renew
it. He stated he doesn't want to create an tmdue hardship on the O1 sen's,
but this is a situatian that has existed for quite a while and had it been
resolved a 1 ong time ago, the Ol sen' s woul d not have thi s probl em. He
stated he is not sure of Mr. Gearnian's plans as he is telling the tenants
arie thing and the Cour�cil another.
Cb�cilman Billings asked if Mr. Geannan ar his representative was present
and no oa�e responded.
Cbimcilman Billings stated part of the problem with the North Star Video
sign is the Olsen's were told by the prior tenant that it was in co�npliance
and when they applied for a permit, it was found the sign wasn' t in
cc�liance. He stated if Mr. Gearman is given until June 28 to camply,
perhaps N�. Olsen slwuld be allawed to keep up his sign tmtil this t�me.
N�. Herrick felt the City sh,�uld oonfirm Mr. Gearman's agreement to bring
the si�s into canpliance in accordance with the appraved sign plan in a
letter to I�. Gearn�an and a copy to his te.nants so the tenants are advised
what the agreanent is between the avner and the City.
MyPION by Councilman Billings to table this iten to April 18, 1988 for more
detailed inf�tian frcro staff regarding Mr. Gearnian's plans for Moon Plaza
Shapping Center. Secanded by Councilman Schneider. Upon a voice vote, all
voting aye, Mayor Nee declared the mpti� carried �usly.
Councilma.n Billings stated he hoped this additional time woul d allow
evezyo�e to interact regarding any plans for this shopping center.
5. OdNSIDERATION OF SETI'ING A PUBLIC HEARING ON APRIL 18, 1988 FOR A VACATION
OF SERVICE ROAD LOCATED AT 6257 HIGHWAY 65 N.E., BY SHOREWOOD PLAZA
PP.�R'P�RS:
MyI'ION by Councilman Schneider to set the public hearing on this vacation
for April 18, 1988. Seconded by Councilwanan Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motiari carried �manimously.
6. C�NSIDERATION OF A VARIANCE, VAR #87-41, PIIt SECTION 214.11.2.B TO INCREASE
TF� 9�UARE F�OCyI'AGE OF A PYIAN SIGN FROM 80 9QUARE FEET TO 224 SQUARE FEET,
ON'PHAT PART OF GOVERNMENT LOTS 1 AND 2, BEING A PART OF THE SOUTHWEST
QUAR'I�R OF SECTION 13, 'I'OWNSHIP 30, R�1T]GE 24, ANOKA Q)CTNTY, MINNESOTA, THE
SAME BEING 6257 HIGHWAY 65 N.E. , BY SHOREU�OD PLAZA PAR'IT]ERS:
Mr. Robertson, Co�miunity Development Director, stated the developer
currently is working ce� ranodeling the existing shopping center which is
part aP the werall Nbore Lake Ca�ns master plan. i�e sta.ted in reviewing
past variar�ces granted for signs, there is � apparent consistency between
the size of the sign and the size of the site. Mr. Robertson stated the
existing sign far this shapping center is 343 square feet and the developer
is piroposing 224 sc,��are feet. He stated as part of the stipulations for
this variance, the develaper agrees to meet the code requirenents for an 80
-12-
FRIDI�Y CI'PY UO[TNCII� MEETIlVG OF MARC�i 28, 1988
�quare foot sign for the new sY�apping center. He stated the square footage
o� the existing shopping center is 60,000 square feet and the proposed
stx7pping center will be 54,000 square feet. He stated this 224 square foot
si� vu�uld, in effect, serve as a monianent for both the existing and new
shopping centers as woell as the racquet and health club.
Mr. Roberts� stated the Planning Crnmission reviewed this request for the
varia�ce and has recccm�ended apprwal to which staff co�curs.
Cbtmcilman Schneider stated as far as signage far the two �pping centers,
it wvuld involve 304 square feet of si�age. He asked about signage for the
health club.
Mr. Applebat.m►, the petitioner, stated as far as the racquetbal.l club, he has
not seen any proposal to use a pyl�i sign.
Ckiimcilman Schneider stated other s1��apping centers have less signacJe such as
Holly Shoping Center with 130 square feet, Bob's Produce with 165 square
feet and N1e�ard's with 180 square feet.
Mr. Applebaum stated that in �der to get tenants to mwe away fran the main
hi�ay, they need this Pxposure. He stated the 80 square feet allawed f or
a pylon sign is tied to one tenant and they will have mariy more in this
shapping area. He stated Holly Shopping Center is located right on the
highway and they don't pernnit signage by their tenants because of the
hig�aaay visibility.
Cb1uicilman Schneider stated staff was requested to provide information
regarding the size c7f si�s pezmitted in adjoining cannunities. He stated
th,e average maxim�m is around 200 aquare feet. He asked Mr. ApplPhaun if it
wauld be possible to redu+ce his request.
N�. Appleba�n stated in o�der to prrivide 12 inch lettering, this size sign
is need+�d.
Cbuncilwcman Jorgenson asked if a 224 square foot pyl� sign was prwicled on
the w�est, wauld t,hey rmt put oa�e on the east? Mr. ApplebaLUn stated that
wasn't discussed only that they wou12�'t request ariy variances.
Cb�cilman Billings stated he agrees with Mr. Applebatan. He stated if you
had 12 separate stores in this area, each c�med separately, tt�y could each
have an 80 square foot si�. He stated since this is not the case and it is
a shapping center, he felt a need to look at the circuanstances.
Cb�cilm3n Billings stated he respects Cbtmcilman Schneider's opinion that
if the Co�cil grants one variance, they have to give others. He stated
when the Planning Cr�nnission recatmer�ded allawing a certain rn�mber of square
feet af signa� based ari the square footage of the area to be served, the
Cotmcil wanted to review each on its avn merits.
Cb�cilman Fitzpatrick stated he did npt lQiow where the lin+e has to be drawn
o� the size, but felt this sign wauld be roo large.
-13-
8.
FRIDLEY QTY OOUNCII, N�,TING OF NARCH 28, 1988
Cbtuycilman SciuLeider stated. he w�uld be willing to grant a variance to 180
square feet taking into c�sideration the massiveness of the whole structure
which the c�dinance doesn' t address.
NDTION by Councilman Schneider to grant Vaxiance, VAR #87-41, per Section
214 .11.2 . B to increase the square f ootage of a pyl on sign f ro�n 80 square
feet to 180 square feet, with the following stipulations: (1) staff
resezves the right to approve the final design of the plan; f2) the new
center's pyloai sign will have design consistency with the remodeled sign;
and (3) the new center's sign will not be considered f or variances.
Seconded by Councilwaman Jorgenson. Upon a voice vote, Councilman
Schneidex, Cbuncilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee
voted in favor o� the motion. Cotmcilman Billings voted against the motion.
Mayor Nee declared the motio� carried by a 4 to 1 vote.
Cbiuzcilman Schneider stated if staff and the develc7per can came up with sane
other prrsposal, he wo�uld be willing to cansider it.
N�. Applebaum stated the sign is very contemporary trying to make a
statenent about the c]evelapn�-nt and redevelopment of the area. He stated
when it is the only sign and is located on 800 feet of frontage along the
hi�way, he dich�'t believe they are aut af line requesting the 224 square
feet. He stated he felt the 180 square feet wouldn't work as they would
have to eliminate tw�o ten�zts.
Councilman Billings stated he only wished his predecessor had taken a
similar stand in regard to the 5lcyv,�ood Mall sign as they dcm't advertise any
of the tenants.
CUNSIDERATION OF APPOIl�TI�N'rS 'PO Z� CABLE TF.L�7ISION �N�IISSION:
Cbimcilman Fitzpatrick stated he would like to naminate Robert Scott for
appointrr�ent. He stated Mr. Scott is Q�ainnan of the Speech Department at
the University af Minr�esota.
NDTION by Councilman Fitzgatrick to naniu�ate Robert Scott, 7190 Rivezview
�errace, f or appointment to the Ca.bl e Tel evi sion Coanmi s sion f or the ternn
expiring April 1, 1991. Seconded by Councilman Billings. Upon a voice
vote, all voting aye, Mayor Nee declared the m�tion carried �animously.
NDTION by Councilman Billings to reappoint Barbara Hughes to the Cable
Televisio� C'cnmissiaa� for the term expiring April 1, 1991. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried imanimously.
Cbuncilman Schneicler stated there was another applicant who had excellent
credentials, hawever, several inctianbents had indicated their willingness to
be reappointed for which the Coimcil has given comsideratio�.
NE,in1 SUSIl�SS :
Q�NSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV
-14-
9.
10.
FRTI�,EY CTI'Y Q1tJNCII, NEEI'ING OF N�,RC�i 28, 1988
#87-11, TO VACATE THAT PART OF NIQ�NLEY SI'REET AS D�DICATED IN THE PLAT OF
AQORN HILLS ADDITION, Z�OGE,THIIt WITH Zi� NORTI�RLY F.XTENSION OF SAID MCKINL�Y
SrREEP TO TEIE 9IXJ'I�i LINE OF Tf� PLAT OF ANiBER OAKS, GENERALLY LOCATED AT
5980 STIlV90N BC�[JLh'VARD N.E.. BY BRICI�Ft BLTILI7ERS:
Mr. Rcaberts�, �nunity Devel�ent Director, stated Mr. Cbstello wanteci to
make sure that this vacation is oontingpnt �i final approval of the 17 lot
Heather Qaks Flat and is, therefore, a stipulation af the vacati�.
N�TION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading, with the following stipulation: (1) fina.l
appraval.of vacation oontingent upo� final appraval of the 17 lot Heather
Qaks Plat. Secoazded by Councilwaman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee cleclared the m�tica� carried unani.mausly.
�IVSIDERATION OF A Qk'lPREE]ETISIVE SIGN Pi,AN Ft�R 8251 MAIN SrRF�ET N.E.:
N�. Rabertson, Ccetununity Development Director, stated Mr. Maertens has
sula�i.itted a sign plan for his industrial development at 8251 Main Street.
He stated staff recatmends approval as it is in compliance with the City
Code and is aesthetically pleasing.
NDTION by Councilman Billings to apprave the Coanprehensive Sign Plan for
8251 Main Street. Seconded by Councilman Fitzpatrick. Upon a voice vote,
all voting aye, Mayor Nee declared the moti� carried tmanimausly.
4�1VSIDERI�TION OF AN F.XTENSION OF A SPECIAL USE PERMIT, SP #86-15 , AND TO
EX'I�ND 'I�iE PERIOD TE� STIP[JLATIO1vS 1�tEED � BE aDMPL�,'I'ED UNI'IL SEPTEMBER 3 0,
1�. R�oberts�, Ccnmunity Develapment Director, stated the North Suburban
Hospital District will not becane the avner o� this property until June 1,
1988, therefare, they will r�ot be able tA canply with the stipulatio�s �mder
special use permit, SP #�86-15 , until Septanber 3 0, 19 8 8, ra ther than June
30, 1988. MOTION by Councilman Billings to extend the time that
stipulatics�s 1, 2, 3, 6, 7, 8 and 9 need to be campleted frcm June 30, 1988
to Septenber 30, 1988 under special use permit, SP #86-15. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried tmanimously.
11. CONSIDERATION OF AN EXZ�iSON OF A LOT SPLIT, L.S. #82-05 LOCATED AT 7365
EASr R1VEFt RUAD N.E.. BY GERAL,D NI. S'f�RER:
M7I'ION by Co�cilman Fitzpatrick to extend lot split, L.S. #82-05, through
Nwanber, 1989 with the stipulation that a r�ew perfornarrce bond be provided
or existing letter o� credit ($5, 000 ) be extended to co�ver co�npletion of
site improvements which are to be crnipleted upon completion of East River
Raad �mprove�nts. Seconded by Cour�cilman Schneider. Upon a voice vote,
all v�oting aye, Mayor Nee declared the motion carried unanimcxisly.
12. RECEIVIt� 'PHE N�fl'FS OF 'tY� P'LANNII� OJ1�A7ISSION NlEErIl� OF Ng1RCH 9, 1988:
-15-
FRIDI�Y Q'IR Q7[JNC.II, MEETIl�IG OF N�1RQ�i 28, 1988
A. RESOLLlTION N0. 26-1988 APPROVIl� A SUBDIVISION, I�OT SPLIT,
L.S. #88-01, Tp SPLIT LOR'S 5 AND 6, LUQA LANE ADDITION, IN
ORDER Zb CREATE TEIREE BUILIaABLE L�OTS, C�F.TTERT,T Y IACATED AT
1133 - 1145 NIISSISSIPPI SIREEI' N.E.:
Mr. C�mpbell, representing the petitio�er, N�. Johnso�, asked about any lane
widening or median on Mississippi Street as this may be a price
coa�sideration oaz c�e lot.
Mr. Flora, Public Works Director, stated the plan for Mississippi Street
calls for left turn lanes fran Mississippi onto Highway 65 and the
construction o� a median alnu�st to Lucia Lane.
Councilman Billings asked about the west half of Lot 4 as he noticed past
prcyposals included this west half. Mr. C�mpbell stated he timderstands that
is no longer part af N�. Jahnson's property and isn't awned by him.
M7PION by Councilman Schneider to grant lot split, L.S. #88-01, with the
following stipulations: (1) avner to supply a 15 foot bikeway/walkway
easenent ce� Mississippi Street fran Lucia Lane to HigYa�ay 65; (2) a gark fee
of $750 each for Tract A and B be paid prior to issuance to building
permits; (3) driveway o� Tract B to access Lucia Lane cnly; (4) driveway on
balance aF Lot 6 to be as far east as possible; and (5) owner is responsible
to notify prospective buyer of possible meclian aai Mississippi Street which
could preclude easterly mavenent frcm Lot 6 and 7. Seconded by Councilwrxran
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motio�
carried unanimously.
B. Q�NSIDERATION OF THE PROPOSED Q�MPREF�NSIVE 4�1.STE REDUCTION AND
RECYCLING ACT; THAT Z�IE CITY OJCTNCIL PASS A RESOLUTION IN SUPPORT
OF 'PE� �MPREF�ISIVE WA.SI'E REDUCTION AND RECYCLIlQG ACT: AND F013�JARD
Zi� RE90LUTION TO THE D'BI�Il�iE90TA POLL�7TION O�NPROL �TCY. WASTE
N��JAGTN�I` BOARD, ME'lZ20FOLITAN O�LINCTL. ANt�KA Q7[IrTPY. AND STATE
T•�ISLATORS REPRESF�TPING 'PHE CITY OF FRIDLEY:
N�. Robertso�n, Ccnmunity Development Director, stated the Waste Reduction
and R,ec.ycling Act 1988 �ra.s an attempt to address the lag in development of
waste reduction and recycling programs behind the development of
waste-t�eneregy irbcinerators. He stated as originally proposed, the Act
included several provisions and prohibitions which its authors believed
would increase waste reduction and recycling in Minnesota. Mr. Rabertson
stated subsequent to the E�virormental Quality Carmissi� recc�mending that
th,e Council sup�ort this legislation, all the k,ey provisi�s were deleted in
camuttee hearings.
N�. Robertso� stated the Cbuncil may support the legislation as originally
pzr�posed, support the current draft of the bill with the deletions, support
the legislati� with deletica� c� itens that are of cc�cern to the City, or
support the legislaticn with an a�nenc�ment to delete the recycling deposit cm
��ef illable beverage containers as it w�uld reduce the funds received f ram
the Co�ty by the City and create i.nstability in the curbside program.
-16-
FRID�EY CITY Q'J(JNCII, MEETING OF NARQi 28, 1988
N�TION by Councilman Schneider to table indefinitely. Seconded by
Coiu'icilman Billi.ngs. Upon a voice vote, all voting aye, N�yor Nee declared
the motion carried �mar�isly.
MJTION by Councilman Schneider to receive the minutes of the Planning
�mission meeting af March 9, 1988. Seconded by Cbuncilman Billings. L1po�
a voice vote, all voting aye, Mayor Nee declared the motion carried
tman�usly.
13. �NSIDERATION OF R;EALZOCATING FT7NDIlVG WITHIlQ THE 1987 C'I7BG BLTDGET:
NDTION by Councilman Fitzpatrick to reallocate 1987 CT1BG funds in the amaunt
of $8,181.50 to fund the shortfall for acc�uisitio�/relocatica� o� the Hunger
residence, 7870 Apex Lane and two adjacent vacant lots. Seconded by
Cbuncilman Schneic'Ier. Upon a voice vote, Cbuncilman Fitzpatrick, Cbuncilman
Schneider, Councilman Billings and Mayor Nee. Councilwoman Jorgenson
abstained frcm voting. Mayor Nee declared the motion carried by a 4 to 1
vote.
14. REC�IVING Tf� MIN[]'I'ES OF THE CfiARTER Q�N�LCSSION MEETIl� OF JANUARY 25, 1988:
Nl�'I'ION by Councilman Schneider to receive the minutes of the Charter
Catmission meeting aF January 25, 1988. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
iu�animously.
RECENII�IG BIDS AND AWARDIl� Q�N!'RACT FOR SPRINGBROOK NATURE CENTER FENCE
PROJECT #180:
NY)'T'ION by Councilman Fitzpatrick to receive the following bids for
S�ringbrook Nature Ce�ter Fence Proj ect No. 180 :
�.7fc�i����-:7
CYawley Fence
10630 Nassau St., N.E.
Minneapolis, N�i 55434
C7entuzy F�ce Co.
P.O. Bax 100
Forest Lake, NN 55025
Liberty F�ice
P.O. Box 563
Haward Lake, NN 55349
Fenc�co, Inc.
5222 Hanson Court
Cxystal, M�T 55429
BID T0�!'AL
�OND BID A
5$ $ 21,595.75
5$ $ 22,175.25
5� $ 24,392.50
5$
-17-
$ 24,501.25
�I'AL
BID B
$ 23,766.75
$ 24,367.65
$ 27,285.25
$ 28,155.25
FRIDi,EY QTY Ol70NC�, I�TIl�1G OF MARC:fi 28, 1988
Seconded by Cour�cilman Schneider. Lipon a voice vote, all v�oting aye, Mayor
Nee declared the motioa� carried unanimously.
Mr. Flora, Public Works Director, stated C��avley Fence st�k.ariitted the lawest
bid oai both Atternates A and B. He stated Bid A is identical to Bid B with
the exception that Bid A incorporates a tension wire along the top of the
f ence and Bid B ir�corporates a taprail al om.g the top of the f ence f abric .
He stated staff is recam�ending the taprail as specified in Bid B.
MyI'ION by Cbuncilman Fitzpatrick to award the bid for Springbrook Nature
Center Fence Project No. 180 to the lav bidder, C`,rr�wley Fence, for Alternate
B in the =.amoa�nt aF $23,766.75. Secon+ded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
�man�ously.
16. RE90LUTION Nt�. 27-1988 AUTHORIZING THE JOINT BIDDING OF MAINTENANCE AND
REPAIR Wt�RK FOR STRE�'I' IMPROVF.ME[�TI' PRQTECT N0. ST 19 88-10 i SEALCOAT) WITH
� CITIES OF O�LIJN�IA HEIGHTS AND FRIDLEY:
Myi'ION by Councilman Fitzpatrick to adapt Resoluticm No. 27-1988. Seconded
by Councilw�r�.n Jargenson. Lipon a voice vote, all voting aye, Mayor Nee
declared the motian carried �usly.
17. RESOLUTION N0. 28-1988 OF THE CITY Q�LINCIL OF Tf� CITY OF FRIDLEY SUPPORTING
TI� Q�NC�PI' OF N�Il�APOLIS-SAINP PAUL HOSTIl� 'rfiE 1996 SCTNQ�Ft OLYNiPICS:
NDTION by Councilman Fitzpatrick to adopt Resolution No. 28-1988 and forward
to the Mayors af Mirmeapolis and St. Paul. Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
tmar�usly.
18. RESOLUTION N0. 29-1988 AUZ'HORIZII� THE NUN]INATION OF MAYOR WILLIAM J. NEE
FOR THE C. C. LTJI.7WIG AWARD FOR DISTIl�UISf�D MJNICIPAL SERVIC�:
NDTION by Councilman Schneider to adapt Resolutio� No. 29-1988. Seconded by
Councilwaman Jorgenson. Upon a voice vote, Councilman Schneider,
Q��cilwaman Jorgenson, Counci]snan Fitzpatrick and Cbimcilman Billings voted
in favor of the motion. Mayor Nee abstained f ram voting. Mayor Nee
declared the motion carried by a 4 to 1 vote.
19. �TSIDERATION OF Q�E ORDER #3 F�OR ST 1986-1 & 2, PHASE II:
N�. Flora, Public Works Director, stated this change order recommended by
Sunde Engineering and supported by the HIZA will allow payirient of $2,500 to H
& S Asphalt for renabilization af their work force to co�nplete the curb,
gutter and street improvenents on the Lake Fbinte site.
NDTION by Councilman Schneider to approve Change Or�3er No. 3 for ST 1986-1 &
2, Phase II with H& S Asphalt in the amount of $2,500 and a revised
co�tract amoa�nt of $390,264.10. Seconded by Councilwama�z Jorgenso�. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
w�animc�usly.
�Q
FRID�,EY QTY aJ[JNCII.� MEETING OF N�,RC�i 28, 1988
20. CONSIDERATION OF CHANGE ORDERS #3 AND #4 FOR REPAIR OF COMMONS PAR.K
FILTRATION PI�ANr PROJECT #164:
Mr. F1ora, Public Works Director, stated Change Order No. 3 involves no
dollar �nounts, but establishes the substantial coanpletion date for this
imprwement to April 1, 1988. He stated Change Order No. 4 includes the
addition of three construction itezns totaling $11,270 for the following
itens: epoxy floor painting, $2,100 ; sump pump realigr�ment, $2,170 ; and
�nia inj ectioaz systen, $7 , 000.
N�. Flora stated the $2,170 cost for sump pump realigrmient is for the
additiar�al piping to the sanitary sewer systen. He stated ar�iginally it was
proposed to go into the storm systan, but, by coc3e, it coulchl't be done and
has to drain into the sanitazy systen necessitating the need far additional
piping.
Mr. Flora stated in regard to the epoxy floor Fainting, it was staff's
understanding the floor would be painted. He stated as the project was
nearing completion, the consultant iridicated it wasn't in the specifications
they prepared. He stated it is essential that the floor be painted, before
the equignent is installed.
Councilman Billings stated in regard to the floor painting, it seems there
is a discr�pancy as to what was shawn c� the drawings and what was called
for in the specifications.
Mr. Kirk, representing TKDA, stated he was not sure where the plans and
specifications v�ere caning fran as far as the �paxy paint. He stated at ce�e
time, epoxy paint may have been anticipated for the floor of the building,
but the specif icatiaris indicate epoxy sealer is to be provic7�ed ca�ly as shown
on the c�awings. He stated by reference, there is no designation on the
plans for epoxy sealing.
Cbimcilman Billings stated he is concerned about the relationship between
th�e City and the co¢lsultant and whQ is responsible to check the plans and
make sur�e they are in accordance with the clesires af the City.
N�. Rirk stated the plans were checked on several occasicros and the questio�
is was there a check to make sure the floor was pe.inted which appears is the
City' s intent. H�e stated in ariy event, the City isn' t payi.ng twice f or the
epoxy painting aF the floor. He stated n�thing has be�n lost and it is the
question whether the City wants the �int o� not.
Cb�cilwanan Jorc�ens�i asked whp drew up the plans. N�. Flora stated TI�A
drew up the plans and specificato�s so it appears it was their error in not
including the epoxy gaint.
Coiubcilman Billings stated if it was clear in the plans that the painting
was i.nclud+ed, the bids would have been $2,100 more.
1�. Kirk stated this is a small cost and the avernms in this job are .7 of
1$ which isn' t vezy signif icant in relaticm to the c�ost of the p2roj ect.
-19-
FRIDI�Y CITY Q�UNCII, N.�7PING OF MAR(�i 28, 1988
Cbunci]man Schneider stated the City hires a consultant to aversee the
project so it proceed.s alo�ng snoothly which hasn't been the case. He stated
it m�lces yau w�der what will happen next.
Mr. Rirk stated there is rarely a project completed where there isn't
samething that needs c,hanges or additions. He stated he has been in the
business almost 30 years and cannot recall where there wasn't at least one
item or issue for reconsideration � a project.
NDTIaN by Councilman Schneider to apprave C�iange Orders No. 3 and No. 4 with
'I'I�A for Ccmnans Park Filtration Flant Project No. 164. Change Order No. 3
involves r�o cbllar amaunts, however, Qlange Order No. 4 is for an addition
of $11,270 or a revised contract of $1,417,401. Seconded by Councilman
Billings.
Coimcilman Billings stated the fact remains that the City really doesn't
know for sure if the $2,100 for the epoxy paint was excluded f rom each of
the contractor's bid or not because of the confusion in the plans and
specifications. He stated, therefore, the City may not have received the
lavest bid because this itan may or may not have been ir�cluded in the bid.
UP� A VOIC� VCJi'E ON � ABOVE NDTION, all voted aye, and Mayor Nee declared
the motio� carried imaniira�usly.
21. APPOIl�TI�TrS : CITY ENlPLAY�S :
NDTION by Cour�cilman Fitzpatrick to ooncur with the foll aving appointments
by the City Manager:
I�1�'�
Greg D. Kottsick
Box 47
Ona¢nia, N�1 56359
William A. Qx�mpa
1721 Marion St. #104
Roseville, NN 55113
POSITION
Maintenance I
(Sewer)
Public Wnrks
(na¢re.�npt)
Records Ret-
entia� &
Inforniati�
S'pecial ist
(non-exenpt)
S'PARTIl�
SALARY
$8.72 per
haur'
( $].517 .28 Nb. )
S'I'ARTIl�IG
L�ATE REPLA�S
N�rch 28, Arthur
1988 Paulsan
$10.20 per March 28, Patricia
hpur 1988 Sykes
(51775.03 Mo.)
Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried �usly.
22 . C.LAIMS :
NDTION by Councilman Billings to authorize payment of Qaims No. 19297
through 19594. Seconded by Gouncilman Schneider. Upon a voice vote, all
voting aye, NL�yor Nee declared the motio� carried tmanin�usly.
-20-
FRIDLEY CI'1'Y QOUNC'II� MEEI'Il�]G OF I�,RCH 28, 1988
23. LICELVSES:
NDTION by Councilman Sctu�eider to approve the licenses as submitted and as
on file in the License Qerk's Office. Seconded by Councilman Billings.
LTpo� a voice vote, all voting aye, Mayor Nee declared the motion carried
t�arLimpusly.
24 . ESTIl�,TES :
ND�PION by Councilman Fitzpatrick to apprave the estimates as su�mitted:
Sh�i.th, Juster, Feik,�na, Malmon & Haskvitz
6401 University Ave. N.E.
FY�idley, N�1 55432
For Sexvices Rer�ered as City Prosecutor
For the Month of Dec�nber. 1987 . . . . . . . . . . $ 8.180.50
E.A. Hickok & Associates
545 Indian Nbund
Wayzata, NA1 55391
Nbore Lake Ph�ase II Proj ect #149
Partial Estimate . . . . . . . . . . . . . . . . . . $ 1,007.37
Tf�A
2500 1�nerican Natio�al Bank Building
St. Paul, I� 55101-1893
Regair af �s Park Filtraticm
Plant Proj ect #164
Partial Estimate . . . . . . . . . . . . . . . . . . $ 2,450.00
Gat�ion Brothers
P.O. Box 83
Rogers, NN 55374
Sprin�rook Nature Center Pond
Impravem�ent Proj ect #173
Estimate No. 4 . . . . . . . . . . . . . . . . . . . $10, 896.08
Seconded by Councilman Schneider. LTpo�i a voice vote, all voting aye, Mayor
Nee declared �the moti� carried tmaninuously.
25. RE9�L�UTION N0. 30-1988 OPPOSING FUNDING MECHANISM ASSOCIATED WITH S.F.
1928:
Mr. F'lora, Public Works Director, stated the fee proposed far fundi.ng a safe
water drinking progr�n is regressive in that large users and a�nall users �y
the same amount and is discriminatory in that private well syste�n users
wau7.d rwt pay any fee at all. He further stated there are no provisions
-21-
FR.IDLEY QTY Q7UNCIL MEE.�Il�1G OF NARC�i 28, 1988
that he is aiaare a.E in the bill that provide for the C�ty' s administrative
costs far the collecticai and transfer o� fees to the State.
Mr. Flora requested the Council consider adoption of this resolution to
oppose the funding mechanism associated with this safe water drinking
program. He stated a year ago the Departxnent af Health ir�fonmed cities they
woul.d r�o l�ger c� water testing and this bill would increase the staff at
the Department of Health to review the safe drinking water tests.
M3TION by Cbuncilman Schneider to adapt Resolutia� No. 30-1988 and forward
to the State Legislators. Seconded by Coun,cilman Fitzpatrick. Upon a voice
vote, all� voting aye, May�r Nee declared the motion carried tmanimously.
AI)�7C7�TRi�'�Tr :
NY�TION by Councilman Schneider to adjourn the meeting. Seconded by
Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion caxried unanimously and the Regular P�eeting of the
Fridley City Council af Ni�rch 28, 1988 adjourned at 11:05 p.m.
Respectfully submited,
(�role Haddad William J. Nee
Secretazy to the City Coun+cil Mayor
•.. . -.
-22-
Z4� NNUNN[TPES OF THE RDC�7L�AR N�.TING OF � FRTDLEY QTY C'OUNCIL OF APRIL 4,
1988
The Regu7.ar Meeting of the Fridley City Council was called to ar�der at 7:30
p.m. by Mayor Nee.
PLEDGE OF ALLE�IAN�:
Mayor Nee led the Council and audien�ce in the Pledge of Allegiance to the
Flag.
ROLI.� C'ALL:
N�ERS PRES'F�f!': N�yor Nee, C7ouncilw�►�.'�n Jorgensoaz, Councilman
Schneider, Cbuncilman Fitzpatrick, and
Cotmcilman Billings
fui�+ui:��;���:�y�►r .... -
PROCLAMP,TIONS:
DAYS OF RII"�RANCE OF Z'I� VICI'Il�IS OF THE HOLACAUST - APRIL 10-17,
1988:
Mayor Nee read and i ssued a proc 1 ama t i on to re�neTnbe r the vi c t ims of the
Holocaust and hr�ped that citizens � Fridley will always strive to avercame
prejudice and inhLar�anity through education, vigilance and resistance. He
stated Kay Bonner Nee was a witness to the affects of the Holocaust and was
present at th�e liberatian af the Jews fmn Buche�vald.
Ms. Kay Bonner Nee received this proclamatiari and stated she was the City's
representative to the United States Council for the Holocaust Days of
Ranenbrance. She thanked the Mayor and Council for this proclamation and
stated the Llays o� Renembrance have very special manaries for her. Ms. Nee
stated she was present at the liberativn at Buchenwald and stayed to help
care for those still living and tried to relocate th4se that were able to be
moved. 5'tze stated she is n,ot so pres�anptuaus to think the living can speak
for the dead, but thinks we must speak aut nevertheless. Ms. Nee stated we
must ��r what happened during the Holocaust even if it is very painful
to ranember. She stated if we forget, we xun the �speakable risk af having
a reoccurrence.
WEEK OF THE Y0�)NG CHII,D - APRIL 10-16, 1988:
N�. Hunt, Assistant to the City Manager, read this proclamation issued }�y
Mayor Nee. Mayor Nee stated he urged all citizens to renew their efforts to
suport young children, the programs that serve thesn and the dedicated
individuals wlm care for and teach them.
Ms. Nbiriel 5haxpe stated she was pleased to accept this proclamation on
beha.lf of Sciwol District 14 and early Family Childhood Educatian.
-1-
a0N7M11�TITY D�IEL,OPNlETTr BIACK GRANr V�EK - APRIL 2-9, 1988:
N�. Hunt, Assistant to the City Manager, read this proclamation issued by
Mayor Nee. Mayor Nee stated he urged all citizens to express their support
for the CTJBG program, to appose further cutbacks in Federal funding, and to
w�rk for ir�reased funding of this program which helps loca� governments
respond to important tn�nan r�eeds.
ADOPTIUN OF AGENDA:
MyI'ION by Couracilman Fitzpatrick to adapt the agenda as sutcnitted. Seconded
by Cour�ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the mation carried tmanimausly.
OF'EN F0R[TM, VISI'PORS:
N�. Fbrath, Den Leader for U�b Scout Troop #167, was present with his Cub
Scout 'I�oop to absezve the proceedings aF the Council meeting in order to
earn their citizen badge. Nh�. Perath thanked Councilman Fitzpatrick for
meeting with them prior to the meeting to discuss local goverrmtient.
PUSLIC HEARIlVGS:
1. PUBLIC HEARING �R CABLE TII�IISION FRANQ�ISE REI�WAL:
M7I'ION by Councilman Fitzpatrick to waive the reading of the public hearing
notice and c�pen the public hearing. Secanded by Cbuncilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
iu�animously and the public hearing opened at 7:44 p.m.
Mr. l�bravetz, staff liaisan to tY�e C`able Zlelevision C:amnission, introduced
the C�airman of the Cable Commission, Ralph Stouffer and member, Duane
Aeterson. He stated those members who were not able to attend were Ed
Kaspszak, Barbara Hughes and Burt Weaver. Mr. Moravetz stated Mr. Gary
Matz, legal counsel for th�e C�ble Catmissicm, represented the City through
the franchise renegotiating sessions. Mr. Moravetz stated the
representatives present frcm Nortel Cable are Ron Abrams, Keith Crippes,
N.�rk Ha�rstrcm and Bruce Z�rpsan.
N�. Nbravetz stated this pr�posed renewal provides far a 15 year franchise,
a minimwm 440 Megahertz systen and miniirnan 59 channel capacity. He stated
Mr. Matz wv�td s�narize this franchise ar'dinance and oontents.
N�. Matz stated this praposal is to renew the franchise for a 15 year period
and is the maximum time allowed under law. He stated Nortel Cable has
ccmnitted to upgrading the system to a minu�nun of 59 channels with the work
to be ccmpleted by Januazy, 1990 or within two years of acceptance of the
franchise. He stated Nortel has agreed to specific d�jective technical
standards to s�ply the subscribers with excellent signal quality. Mr. Matz
stated Nortel has caRmitted to a basic sezvice, provide an en�eergency systen,
and construct a separate institutionaZ network to connect the various
schQOls. He s�ated Nortel agrees to continue the public, educational,
gweria�nt, and library charu�Is and to provide certain equipment for public
access progr-�nrtning. 1�. Matz stated Nortel agrees to �ant $60,000 in years
c�e, five, and ten to supplement this equignent. He stated the grants would
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FRIDLE'Y QTY 470N�II� NEEZ'Il�1G OF APRII, 4, 19 88
be adjusted to allaa far i.nflation. He stated Nortel agrees to a provision
whereby the City, o�ce the upgrade is cas�leted, can bring in an engineer to
inspect the systen to make sur�e it meets all standards and codes. He stated
there is a performance bond to secure the upgrade and it wouldn't be
released Lmtil a report is received frosn the engineer. Mr. Matz stated
Nortel has agreed to pravide detailed annual and operating reports. He
stated because this is a 15 year franchise, the ordinance pravides for
periodic review sessions, the minimum at five and ten years of the
franchise, or at the request of the C'�ty.
Mr. Matz stated there is a requirement for an annual subscriber survey for
input c� programmin�, billing practices, and the campany's response to
consumer camplaints. He stated Nortel has agreed to a five percent
franchise fee. He sta.ted i.n the event there is Federal legislation or a
court decision that provides the aperator c�oesn't have to g�y the franchise
fee ar prwide access channels, the City has the authority to tenninate the
f rarichise.
N.�. Matz stated ttrere are two vutstanding issues. He stated the first issu�e
is in regard to the constructi� schedule. Mr. Matz stated cne alternative
is the �grade will be car�leted by Januas�� 1, 1990 or another alternative
is far canpletion within two years of the franchise. He stated Nortel has
requested the language be used for campletion of the upgrade within two
y�ars of the acceptance of the franchise because of delays e�countered. He
stated staff has r�o abjections to this approach.
Mr. Matz stated another outstanding issue is tt� addressability. He stated
there is scn� feeling this could be left to the discretion of the cable
aperatar and n�ot set forth in the franchise.
Cbuncilman Billings asked far an explanatio� regarding addressability.
Mr. Ngtz stated addressability refers to the cor�cept where each coriverter in
evezyane's hane will have a unique code for a specific individual. He
stated if this individual wants to watch Hane B� Office, he would call the
cable campany and a code is pimched in where the channel would be visible
for that subscriber. He stated it eliminates the r�eed for a sezvice call to
the home. Mr. Matz stated imder the present system, if an irxiividual wants
Hame Box Office, a persan fran the cable cannaariy will have to be sent to the
har� to accanplish this ta.sk. He stated the advantage to the subscriber is
that it is an inmediate connection and cioesn't involve a sexvice call. Mr.
Matz stated another advantage is certain signals will be made available for
a ca�e-time fee thraugh tY,e addressable system.
Cb�cilman Schneider stated he imderstands this is a request the City is
makinq to the cable ca�arry far addressability.
Mr. Matz stated this was discussed with the previaus cable aperator and they
had a concern if the resources w�ould be available at the time of franchise
renewal. He stated at that time, addressability was considered the
state-of-the-art, but felt since that time, there is a G°nclencY awaY fram it
because it i sn' t"coa�suQner friendly. " N�. Matz stated many individual s have
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• � M •• M/ �S! � • ' � • . •
baught televisian sets and told they vaere ready for cable. He stated if the
system is addressable, those channels that are scrambled will not be
viewable over the cable ready set and you will still r�eed the cornrerter.
Cbuncilman Schneider asked if you must have addressability in order to
receive pay-per-view programming to which Mr. Matz answered in the
aff i�native.
Mr. Abrams, legal counsel for Nortel C�ble Carq�ariy, stated Nortel proposes
to have an addressable system. He stated the question is if every
subscriber rrazst have an addressable cornrerter in their Y�r�. He stated for
those wlx� have a cable ready set and don' t wi sh premium sezvices such as
F�O, there waulc�' t be a need to have that addre s sa.bl e box i n thei r hame .
Mr. Abrams stated Nortel would provide a report on haw they are making
pay�-pe�view available to the narrpreniLUn subscribers.
Co�cilman Billings asked if he has Shawtime, HBO, and the Movie Channel,
would he be required to have the orie-way addr�ssability in order to receive
these progra�ns. Mr. Abrams stated the addressable coriverter is needed in a
hc�me in order to receive Showtime or I�O.
(btmcilman Billings requested an explanation af two--way addressability. Mr.
Abrams stated it is the capability of conveying fram the headend to the
subscriber back to the headend. CounciZwaman Jorgenson asked with an
addr�ssable systan if a lockaut is provided to which I�. C�ippes answered in
the affirniative.
Cb�cilman Schneider asked if the option to tape mavies from a premium
channel becanes more difficult if the addressable systan is installed. Mr.
Abrams stated if an addressable systen is installed, an individual wouldn' t
lose the ability to tape movies from paid channels, but it would becane more
difficult to tape charubels while watching other programs.
Coiu�cilman Schr�eider stated that could cost Nortel premiian subscribers which
is sanething they woulch�'t want to lose.
Cbuncilman Schneider referred to Section 405.04, subsectian 3 regarding the
use of streets and stated there was a substantial aQnount of damage to back
yards of residents in the previous cable ca�arry' s rebuild. He asked if the
perforrna.nce boaid could be used to recoup any dam�ages which may occur. Mr.
Matz sta.ted the performance bond will be available, as well as the cash
security fund.
Cb�cilman Schn+eider stated tmder Sectian 405.05, subsection 9D, there is a
referen,ce to driving aut one-third af the systan each ironth and requested an
explanatian. Mr. Matz stated the canp�any will inspect for signal leakage
and drive through an are.a for the purposes of ineasuring leakage.
�tubcilman ScYmeider stated tu�der Section 405.05, subsection 8, there is
reference tt�at the picture will be free fram ghost images. N�. Matz stated
when th,e upgrade is canpleted, the City must be notified and an independent
engineer could be brought in to inspect the system. He stated there are
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FRID�,EY CTI'Y (X7ITN�II, MEBTII�IG OF APRII, 4, 19 88
objective technical standards which must be met and if this is acccmplisiied,
there should be a good picture. He stated the City would gay for the
engi�eer's report if the inspection is satisfactory.
Gbiu�cilman Schneider stated in Section 405.06, subsection 2, there is a
reference that the campany shall offer a minimum of four pay television
sezvices and wondered why this number was specified. Mr. Matz stated a
minimtan of faur is stated as it was felt there should be a minimtun level of
service.
Councilman Schneider felt it was a matter of econanics and the cable
c�perator would prwide channels which would be econo�nically feasible. He
stated he d.idn't necessarily want to be irrvolved in decisions about
progra�ing. He asked if the cable operator wanted to el iminate some
channels, if they needed appraval by the City.
Mr. Matz stated they could submit their proposal, but it wouldn't
necessarily require the Council's approval.
N�iyor Nee asked why the C�ty is involved. I�. Matz stated in the existing
franchise, it specifies the services available. He stated if the cable
aperator was going to delete same sezvices, the C�ty may became involved.
Cotmcilman Schn�eider stated he doesn't want to be the architect of what is
pravided by the cable aperator. Mr. Matz stated he didn't believe the
franchise puts the Cotmcil in that position.
Cbur�cilman Schneider stated under Section 405.06, subsection 9, Nortel is
doing a fantastic job of cavering the Council meetings, but asked�if a
minimi.un level af caverage sh�uld be specif ied. N�. Matz stated l�e would ask
Nortel to respond to this questi�.
Mr. Abra�ns stated it becames vexy difficult to legislate quality and felt
this was a partnership between the City and cable company. Councilman
Schneider asked if Nartel wou.ld be willing to specify if tY�ey would pravide
two cameras and adequate staff to operate them.
Mayor Nee stated this may not be an issue if the City is supplying the
caQneras in conjtmcticm with the ranodeling.
Cbimcilman Schneider stated Nortel does a good jab, but there may be another
operator in the future and felt a minimtun level of service should be
specified and perhaps cavered in a letter.
Mayor Nee suggested this be considered bef ore the first reading of the
ordinance.
Cb�cilman Schaleiclex stated �der Sectio� 405.09, subsection 4C, regarding
the rn�mber of telephone lines and personnel, he felt a specific nimiber of
lines si�auld be specified. Nh�. Matz stated it is difficult to specify the
rnanber of inccming lin�es to be available as the need is different at vari�s
times. He stated more incccning telephone lines will be needed during
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' �� M •• M� !�1 � • . •• � • ••
construction and not as many after the construction is completed. Mr. Matz
stated if th,ere are difficulties, the City has the right to request better
perForn�ice. He stated if specif ic nwmbers are establ ished, it wouldn' t
vu�rk in all instances.
I�. Abrams stated it is safe to say that no other issue has taken more of
his time tY�an this telephone question. He stated last sunreer when there was
imderground work in other canmuiities and a new phone systeam, this was a
significant problan. He stated Nartel believes the prnbl�n has been solved.
He stated one week there may be a lot af phane calls and the next, there may
be none. He stated Nortel is aware af the problan and they do not want to
lose subscribers because their service isn't adequate. He stated he
believes Nartel has cantrol over the phones and they are geared to handle
the flood of ca11s during the constructian period.
Coiu�cilman Schneider felt a minimt,an nunber of lines could be specified as
soon as it is ]mown wi�x� the construction will be canpleted.
Mr. Abrams stated there will be t�mes when a minim�n woulc�'t be adequa.te to
handle the flood of calls. He stated Nortel will try to staff so there
isn' t a loa�g wait.
Cbuncilman Schneider stated he is uncomfortable if there isn't a minimum
specified in the franchise ar�dinance. He stated another issue discussed was
far Nortel to pravide the City with the name and phone number of one of
their executives who could be cantacted after business hours. Mr. Abrams
stated he believed this infaiznaticm would be provided to the City.
Mayor Nee asked if there was a way to address Councilman Schneider's
concerns. Mr. Abrams sugggested perhaps Mr. Hammerstrom should talk
directly with Councilman Schneider regarding this issue.
Councilman Schneider asked tmder Sectian 405.09, subsecticm 4G, what credit
is given for a total systen autage. P�. Abrams stated a subscriber cannot
be charged for the channels he does riot receive and would receive a credit.
Councilman Schneider sta.ted under Sectian 405.09, subsectian 8B, a survey is
required and questioned haw this would be handled. Mr. Matz stated a
telephone survey has to be conducted by an independent person engaged in
that business.
Councilman Schneider stated he cannot see wh,ere it is in the City's interest
to manciate one-way or two-way addressability systems. He felt econanics
would dictate to provide the systen.
Cbur�cilman Billings asked haw mariy channels are provided in th,e r�ew system.
N�. N.�tz stated a minim�an capability of 59 channels and it is expressed in
te�ns of Megahertz capability. .
Councilman Billings stated what he is hearing is that 400 Megahertz
translates into channels. N�. Matz stated that was correct and cn Page 11,
Section 405.05, subsection 1, it states a minimtun 440 Megahertz systen.
�
' �' M •• M\ t�i � i ' 1
Cb�.cilman Billings asked abrnit the interconnect between the school s. Mr.
Matz stated there isn't tt�at capability today, but it is addr�essed that the
City may request intercoru�ectian aF instituticmal networks. He stated the
difficulty with interconnection is it requires cooperation of a second or
third cable operator.
(buncilman Billings stated his concern is he has constituents who live in
FYidley, but their children attend school in another school district and
they feel slighted because they cannot watch their chil dren's activities on
television beca.use there is no interconr�ect. He asked if there couldn't be
coaperatio� so this could be accamplished,
N�. CYippes stated the insti tuti onal network i s f or the schoal s to
caimunicate with each other. I�e stated it doesn't r�ecessarily mean it goes
aut ce1 the subscriber network.
Councilman Billings asked if it covld go cut ca� the subscri.Y�er network. A�h�.
Cxippes stated it possibly could be stx�m cm the educatic¢�al access channel
if it was brought back. He stated the real intent of the institutional
network is for the schools to catmimicate with each other.
Cbuncilwcman Jorgenson stated North Park Elementazy School has their own
media department and recorc3ed a program, but Nortel wasn't interested in
shawing it.
Mr. McHu�h, Nortel (�ble C'�any, he stated at that time there had been a
large �no�t aF p�annning scheduled for C�annel 12 and �hey were �le to
show this program due to prior Y�equests for prograt�ning.
Mr. Matz stated the school district is most interested in the institutional
r�etwork for the ability to a�municate within the school district and with
adjacent sci�,00l districts fo� curriculum sharing. He stated there is an
obli�.tion for the FYidley cable operator to negotiate with other cable
operators for the interconnect.
N�yor Nee stated under Section 405.05, subsection 9B, it calls for tests to
be perforn�d at not more than six locatians and questioned if it should read
"no less than six locations". N�. Matz stated it was felt the maximum
rnanber of test points needed was six far� the size af the systen. He stated
Nartel can indicate haw many test locations they want and the City can
either agree ar� disa.gree with the rnanber of locations. iie stated the nxanber
af test locatians used to be at th�e discreti� o� the fran�chise owner.
Councilman Billings stated he tends to agree with Mayor Nee that this
language is�'t clear. He felt fram this wording, Nortel could say they
wc�uld o�ly test at two locatians.
Mr. Matz stated the language shc�uld prnbably read that tl�ese tests st�uld be
conducted at six locatic�s approved by the C�ty.
Mayor Nee stated �xler Sectian 405.09, Sectivn 6D,1, he felt th+e late charge
of $15.00 was excessive and that it should be a percentage of the unpaid
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FRIDLEY QTY dOUNC'IL MEETING OF APR.II, 4, 19 88
balance. Mr. Matz stated this issue was discussed and it reflects the
credit practices by Nortel as they currently charge $10.00. He stated the
Ocnmissio�'s feeling was this was a 15 year franchise and they wanted to
allav sane flexibility.
Mayor Nee stated h� really has a prablen with this $15.00 charge.
Mr. Stouffer, C'hairman of the Cable Television ConuY►ission, stated he
believes this ordinance reflects the meetings of the minds of the two
parties r,egotiating this franchise renewal.
Mr. Mark Ne�man-Scott, Chairnan of the ACCW, stated under Section 405.06,
subsection 8 regarding mainter,ance and repl aceqnent of equipment, he f el t
replace was too vague a word. He stated tmder Section 405.06, subsection
8E, he felt the space that currently exists for public access should
cantinue. N�. Scott stated it was also felt access users should be able to
use the mr.�ile van and this itan should be added to Exhi.bit E as to when it
wauld be a�vailable and �der what conditicros.
Mr. Abrams stated oai behalf of Nortel, he would like to thank everyone f or
all their work leading to this ordinance. He stated although it isn't
evezything Nortel or the City wou7.d like, this doc�ent represents 13 months
of wr�rk. He stated he also appreciated the N�yor's and Council's leadership
an cable matters. Mr. Abr�ns stated as to the three itgns mentic7ned by Mr.
Scott, he believes the current systen regarcling maintenance and replacement
af equignent is working very well. He stated Nortel can cite no instances
where a replacement or iriaintenance request was not Yxanored. He stated it is
the intent to continue to pravide the space currently pravided f or public
access. N�. Abrams stated as far as use of the van, it is a terrible
liability problen far� Nortel to let others except enplayees use the van.
N�. Scott asked if this van wasn't available in Bloamington and St. Louis
Park for access users to use. Mr. McHugh stated Nortel's first priority for
the production van is to serve the City af St. Louis Park, as required in
the franchise, and pravisions made for access users in BZocunington and
Fridley to use the van. He stated there have been sc�ne ACCW members that
have been certified to use the van, but the Zeve2 of activity e.�ressed for
these m��rs to use the van hasn' t been very hi gh, except f or St . Loui s
Park. He stated those using the van have to attend workshaps in ar�der to be
certif ied.
N�. Scott stated in view a� this info�nati�, he caiznot see why it would be
a prablen in Fridley.
Mayor Nee stated it seezns if the public access people get the training
required, they shou].d have access to the van the same as St. L�ouis Park.
N�. Abrams stated if the City deleted the requirane.nt for addressability and
accepted staff's rec�unendation for a two year period for the rebuild,
Nortel would withdraw their abjection registered with the Commission
pertaining to the Ccximission' s penalty �nmints.
�
FR� QTY Q7UrTCII, MEETIl�IG OF APRII, 4, 19 88
In discussing the minim�xn pay television services, N�. Peterson, m�mber of
the C�ble Televisi� Ccnmissical, stated this started out with what was in
the previous franchise. I�e stated the C1cRmission wanted to maintain scane
level of sezvice to the subscribers.
N�. Matz stated if the decision is to eliminate the paragraph regarding pay
television sezvice, he has n� problen with it.
Mayor Nee stated he felt the canpany would be driven by the business and
maxketplace.
N�. Stouffer, C�aaiiznan o� the C'.�ble Television CY�nmission, stated it was a
philosaphical stand that this present sezvice of four should be kept. He
stated he cannot aoree with Mr. Matz's statement to eliminate this
Pas'a9raPh.
Mayor Nee stated this �ragraph is in the ardinance because the Commission
made this judgnent, however, it isn't required in the franchise.
N�. Nbravetz stated two isswes that were r,�t menticned are tt�at the headend,
the studios, and the offices will continue to be located in Fridley. He
stated the other issue is tt�at all costs involved with the franchise rer�wal
will be reimbursed by Nortel.
MYI'ION by Councilman Billings to close the public hearing. Seconded by
Cbuncilman Schneider. LTpan a voice vote, all voting aye, N�yor Nee declared
the motion casried tusan�ma�zsly and the public hearing closed at 9:20 p.m.
REC�SS :
Mayor Nee called a recess at 9:20 p.m.
• •• � i�+�
l�yor Nee recorivened the meeting at 9:30 p.m. All Council members were
present.
2. CJC�I�TSIDERAT20�1 OF A FIlQAL PLAT, P. S. #18'7-07 , HEATI�R OAKS, BEIl� A REPLAT OF
L�OiI' 16, EXC�PI' TE� EASI' 33 F�E'2', AUDI�R' S S[)BDIVISION I�. 92, AND (�I]'I7�0'I' A,
AQ�RN HII�LS ADDITION, AI�ID THAT PART OF LC7!' 14, AUDI�OR' S SUBDIVISION N0. 92,
WHICFi LIES EAST OF THE WEST 165 FEET THEREOF,_AND LOT 25, AUDITOR'S
SUBDIVISION N0. 92, EXGEFr THE 9W
AND ALL TfiP,T PART OF IaI' 24. AUDIT
150 FEEEs'I' OF TE3E F�ASI' 80 FF�'T OF SA
GENERALLY LOCATED AT 5980 ST:
S[TII,DERS: (O�NrIlV[JED FROM 3/28/88) :
AND
RE90Li7TION N0. 31-1988 APPROVING
E�RLY 150
R' S SUBDI
A RIGHT OF WAY
N N0. 9 2, EXC�PT THE SOUTH
UDING A RIGHT OF WAY, ALL
ARD N.E.. BY BRICKNER
PLAT, P.S. #87-07, BY BRICKNE
M7!'ION by Councilman Schr�eider to reopen this public hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote. all voting aye, Mayor Nee
�
FRIDLEY CITY 47CTNC'� N�'PIlVG OF APRIL 4, 1988
declared the motion carried iu�animously and the public hearing reopened at
9 :30 p.m.
N�. Robertson, Caimtuiity Develog�nt Director, reviewed the stipulatians far
this plat presented as �ch�.bit A. He stated there was some concern by the
Coiuicil regarding the drainage and this hearing had been continwed f rom the
N�rch 28 meeting.
Nh�. F'lora, Public Works Director, stated there are three depressions on or
adjacent to the plat, o�e in the northwest, one in the r�ortheast, and ca�e on
the south and east portian � the plat. He stated the existing homes are
high enaugh so in the worst scenario, water would drain to the streets. He
stated the detention pond for the major portion af the plat would have 2.2
feet af water at the maximtAn conditio� af a 100 year storm, it would then
overflow the weir that nms into a 15 inch pipe into the New Brighton storm
systen. Mr. Flora stated the weir is located at the east end of the
c�epression oai the plat prr�peerty. He stated the lay af the land is such that
the ground elevatian of 962 provides for any averf law abave that to enter
Stinson Boulevard, north c.� the depressian between the depression pond and
Kristin court. He stated nane of the Pxisting hanes would be affected b�y
the depression ar ponds to be oanstructed.
Councilman Schneider asked if any grading wauld take place frcm what is naw
existing. Mr. Flora stated nothing really significant. He stated the
existing catch basin is about at an elevation of 961 and drains to an
elevatian of 964 alang the curb in the street. i�e stated the existing pipe
nms at an angle, then canes into the back of the catch basin.
N�. Wagar, 5940 Stinso�n Boulevard, stated there is a 6-3/4 inch fall fram
the bottcm of the pipe to the bottan of the catch basin in the street and
wo�dered if the pond has to ca� up that far along the side of the retaining
wall to his garage.
N�. Flora stated the existing graund elevation by the catch basin in that
depression is about 961. He stated it is proposed to depress it to 960.4
and, as it proceeds towards the street, it will drop to 959.3. He stated at
that point, a 15 ir�ch pipe will be installed and connect directly to the
existing pipe in Stinson Boulevard and across the street into New Brighton's
systen. He stated what will be done is c�epress a certain portion of the
existing ground about six-tenths of a foot. He stated there is some
excavatice� in one area which will prwide the storage capacity, but it
doesn't affect the existing structures ar� terrain.
Mr. Flora stated a drainage easement has been pravided along Stinson
Boul�vard and a ten by fifteen foot triangle is requested to be pravided far
a flvw of water to the street.
Gb�cilir�an Schneider asked what woutd prevent the encroactment of water c�to
Px;sting hanes.
N�. Flora stated there is no change cn N�. Wagar' s property. I�e stated the
City would c�annnect to the existing catch basin in the street and a new pipe
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FRiDL�Y C�'i'Y �7fJNCII, N�'!'Il�]G OF APRIL 4, 19 88
installed.. He stated water cannot flav into Mr. Wagar's back yard because
the limits af the pond are 962 and the low point is 959.3. He stated the
vTater cannot rise above the 962 elevatio� unless all of Stinscm Boulevard is
flooc7ed.
Mr. Qureshi, City Manager, stated befare the water rises to an elevation of
962, it wauld start flaaing to the north away from the elevation of Mr.
Wagar's hane walkaut which is 963.
Mr. John Livingstan, 6060 Stinsoa� Boulevard, asked the elevatic�n of the New
Brighton pipe.
N�. Quz-eshi stated ttve pipe in New Bright� is at an elevaticn af 959.1 and
is 15 inches in size, flowing to the east and then north draining into the
panding s�rstan.
Mr. Livingstan asked who would pay for impleme�itati� of this drainage plan.
Mr. Qureshi stated the costs would be gaid by the developer.
N�. Livingston stated he was never notified this plat was being considered.
He stated the last time the City installed a storm drain it was in his
�eighbor's yard and everyone was billed for it.
Mr. Rcabertsan stated staff attenpts to follow the legal notice procedure and
cannot account far N�. Livingston stating he was riot r�tified.
Mr. Qureshi asked Mr. Livingsto� what pr+operty he is referring to for which
he was assessed.
Mr. Livingstce� stated there is a drain cn the back of his lot and cn Mr. Van
Erden's pz�operty at 6040 Stinsan Boulevard. F�ee stated that is another thing
that prrab�.'jbly i sn' t in the Ci ty' s records .
Nh�. Hansccm, 6000 Stinsan Boulevard, stated last wee�c Councilman Schneider
suggested the City set aside same funds in case this drainage didn't work.
He stated he c7oubts it will w�ork, as water freezes in the winter anc3 ranains
there. Mr. Flora stated there is an 11 foot difference in curb height from
the cutf al l of the pca�d to 1� . Han.SCCm' s praperty .
N�. Qureshi stated there will be funds available froam the storm sewer
assessne�lt fee, if the Council appraves the plat with the stipulations
recrnmended by staff. He stated the present systen doesn't work because it
has a shallow pipe and a systen that freezes. He stated this is why a pipe
systan isn' t used and an c7pen systen will fur�ctian better.
N�. Flora stated the proposed elevation of the pond and the adjoining
structure has a 3.7 foot differer�ce. He stated there has to be a foot of
water that can't get out to the street before this residence would be
flooded.
Cbuncilman Schneider stated if far sane reascn there is a miscalcu7-atian, he
ylhestioned what oorrective actians the CS.ty would take.
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N�. F'lora stated during develognent of the plat, the City will work with ti�e
develaper � the drainage. He stated af ter this period, the City may go in
and work ca� the ponds. He stated once the water gets close to the 962
elevation, it has to go out to the street because there is nothing to
restrict it as the elevatian af the street is lvwer.
N�. Qureshi stated additional easanent has been requested fr�m the develaper
for further protecti� and provides another autlet to tY�e north.
Mr. Briclmer stated the drainage easanent will be part of the hameawner's
deed and wouldn't be able to be filled in.
I�. Herrick, City Attorney, stated a drainage easanent is shown oa� the plat
and survey.
N�. Livingston asked N�. Bric]mer if he was satisfied in his c�m mind that
the drainage would wark to which 1�. Briclrner answered absolutely.
Nh�. Livingston asked r�r. Brickner if he would pay for this work and the
stozm sewer entirely to which I�. Bricl�er answered in the affirniative.
Cb�ci].man Schneider asked 1�. Flara if he feels this drainage plan would
work to which N�. Flora answered in the affinnative.
N�. Qui�shi stated if the drainage is canstructed as shawn on the drainage
plan it would work.
I�. Brickner stated he talked to the gentlema�z wYra at the last m�eting was
ccazcerned about losing 18 ir�ches of his yard. He stated he has met with his
suzveyor and none of this persons's property will be lost ever. though the
line may not end up perfectly straight to the sauth.
Councilman Schneider asked the estimated cost of the stonn sewer. Mr. Flora
stated the ditch, cme pipe, and weir would be about $15,000.
Cbut�cilman Billings stated the grades are very critical and the City will
have to make sure evezything is cx.�ipleted to these specifications.
Co�cilman Schneider stated. he wanted funds dedicated in case this system
doesn' t va�rk, i
N�. Qureshi stated th,e storm sewer funds could be eazmarked, if the Council
so desires. He stated the City wc�uld collect $800 per lot for 16 lots in
the plat far� a total aF $12, 800.
Cbuncilman Billings asked i.f Councilm�n Schneider was suggesting the City
advocate a policy that whenever they apprwe a plat, the storm sewer
assessnents siwuld be c�ed.icated in order to �orreet ariy clrai.nage prcabZans.
Councilman Schneider stated he is not advocating it, but reacting to
previaus situatians where they have had pr�ablens with drainage.
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FRIDi,EY CITY C70[INCII� MEETING OF APRII, 4, 19 88
Mr. Qureshi stated this situaticn is som�what tmique in that New Brighton's
systen is accepting this drainage and usually drainage is all contained
within the City's system. He stated if the Council wished to dedicate
ftmds, it prwides an additional safety factar. Mr. Qureshi also noted the
C�ty is obtaining a much larger drainage easement than what is normally
dedicated in other plats.
Nh�. Hriclmer stated he is surprised to learn of the $800 per lot fee for
storm sewer. He stated he )maws this was the cost in the Haxris Lake area,
but this water will drain to th,e New Brighton systen.
Mr. Flora stated he dic�'t lmow why this wasn't explained to Mr. Brickner.
He stated the whole area has been identified as a stornn sewer area and wauld
be similar to Mr. Bric}mer's other devel�pnents, CYeel�'idge Park and Heather
Hills.
Mr. Herrick, City Atton�ey, stated Mr. Flora was correct ar.d the $800 per
lot for storm sewer has been in effect far at least 15 years for that area.
He stated this is City policy and holds true for the Harris Lake area and
other develapm�a�ts kyy 1�. Briclmer.
N�. Briclmer asked when the sto�n sewer assesment had to be paid and if it
cauld be �.id when the b�ui.lding pezmit is issued. He stated the confusion
abaut this starm sewer fee might have arose because the stornn water drains
into tt�e New Brighton systsn and not FYidley's systen. He stated no water
is clraining into the City's system and wandered if the $800 per lot pertains
in this case.
Mr. Qureshi stated this is a policy adopted by the City, but this fee could
be paid at the time the building pezmit is issued, if the Council so
desires.
Cbuncilman Schneider stated he does r�ot have a prcablen with this storr�n sewer
fee being paid at th,e tim� the building pezmit is issued.
P'�yor Nee asked who prepared the drainage plans. Mr. Flora stated rir.
Bric}mer' s cansulting engineer, Mr. Dennis Brannz.
N�yor Nee asked if this engineer guarantees the drainage plan will function
as praposed. He stated if there is a caricern with the design, the engineer
wlx� clesigned this plan should take respansibility for it.
1�. Briclmer stated he certainly does guarantee it. He stated he would not
sell Y�a[Yties and then have theqn flooded.
M7TION by Councilman Schneider to close the public hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the m�tion carried ima,nimously and the public hearing closed at
10:20 p.m.
It was noted that the stipulatians reco�rmended by the Planning Commission
for sutmissian af a preliminazy plat with dimensio�s, lot area calculations,
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FRIIg,EY CITY Q7UNCII.� ME�'PIl�IG OF APRII, 4, 19 88
and easenents and the submission af a stonn drainage plan have been cu�lied
with by the develc�er.
MyI'ION by Councilman Schneider to adapt Resolution No. 31-1988, Appraving
Final P'lat af Heather Q�3cs, P,S. #87-07, with the follawing stipulations:
(1) developer to submit a preliminary plat with dimensions, lot area
calculatians and easer�ent prior to Council public hearing (campleted); (2)
develaper to submit a stoxm drainage plan prior to Council public hearing
(campleted). Drainage constru�tian d�tails to be approved by staff prior to
C`ity's executing plat; (3) plat to be designed so as to prwide for a full
cul-de-sac with the additian af the Ettel property; (4) storm sewer fee in
the aQnount of $12,800 ($800 per lot) to be �id prior to execution of plat
by City; (5) gark fees of $1,500 per each r�ew dwelling to be paid with new
building permit; (6} th�e Ettel praperty to have a new double garage with a
driveway cannecting to the new cul-cl�-sac, garage to be canstructed prior to
the transfer of the a�mership o� the Ettel house parcel, new driveway and
turf restoration af old driveway upon ccmpletion of cul-de-sac. A letter of
cred:it in the amount o� $5,000 (to caver autstanding impravanents at time af
signing plat) to be submitted to the City prior to the City executing plat;
(7) Bric]mer Builders to furnish a letter af credit in the mr�unt of $98, 620
(City estimate of constnzction cost) to co�ver installation of street and
utility im�rwenents in the event af develc�ment default; (8) an inspection
fee of five (5$) of estimated construction cost (.05 x 598,620 =$4,931) to
be p3id to City prior to execution of plat by City, to caver street and
utility inspection services; and (9) the City Council recognize s and
approves the variance for lot width of 65 feet for the Ettel house parcel.
Seconded by Councilman Fitzpatrick.
NDTION by Councilman Schneider to amend Stipulation No. 4 as follows: sto�n
sewer fee in the a�nount af $12,800 ($800 per lot) to be ga.id 17y clevelaper as
building perntits are issued. These funds shall be dedicated to Diecenber 31,
1993 to resolve any potential future prablens with this drainage system as
ccrostructed. Seconded by Councilman Fitzpatrick. Upon a voice vote,
Cbuncilman Schneider, Councilman Fitzpatrick and Councilwoman Jorgenson
voted in favor of the motion. Ma.yor Nee and Councilman Billings voted
against the motian. Mayor Nee c7eclared the irotion carried by a 3 to 2 vote.
UPON A VOICE VOrI'E TAI�T Cfl�I � NY�IN MOTION, all voted aye, and Mayor Nee
declared the moti� carried tmanimr�usly. •
�,D BUSIl�SS:
3. ORDINAN(� N0. 902 APPRCJVING A VACATION, SAV #87-11, TO VACATE THAT PART OF
NlQ�IlJI�Y SrRE�'T AS DIDICATID IN Tf� PLAT OF A�RN HILLS ADDITION, TOGETHER
WITFi TI-IE I�ARTHERLY EXTENSION OF SAID MC�CIl�II.�EY STREET TO THE SOUTH LINE OF
'Ii� PLAT OF AN�ER OAKS, �RP T�LY IACATED AT 59 8 0 STIlVSON BC7[JL�E'�TARD N. E., BY
BRIC�Q�R BtTILDER.S:
NYJTION by Councilman Schneider to waive the second reading and adopt
Ordinance No. 902 on the second reading and order publication, with the
following stipulation: this vacatian is cantingent upon final appro�val of
the 17 lot Heather (�iks Plat (revised plat i.nclu�des 16 lots plus ba.lance of
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4.
FRIDLEY CITY d0U1�TCII� N�I'Il�1G OF APRII� 4, 19 88
Cbstello h�use parcel equals 17). Seconded by Councilwanan Jorgensan. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
iulanimonisly.
Q�NSIDII2ATION OF FIRSI' RFADIl� OF AN ORDINANCE APPROVING A REZONING, ZOA
-Ol, TO REZOISE FROM 1�3, C�fL MJLTIPLE, TO C-2, GENERAL BUSINESS
'S 23 AND 24 Z'OG�'Pf�R WITH HALF VACATED ALLEY, BL� 6, FRIDI�Y PARK,
� BEIlVG 6501 EASr RNER ROAD N.E., BY QIRISTENS�1 ALfPO:
N�. Rcabertsan, Catm�ity Develognent Director, stated there has been some
cc�cern regarding the amaunt aF easanent provided for the landscaping cn the
camer. He stated the Flanning 4nmissiari originally reco�crmended 25 f eet
and when the landscaping was campleted, staff recarnnended this should be
increased to 35 feet.
Mr. Christensen, the petitianer, stated the request far a 35 foot easement
for landscaping was brought to his attention *oday. He stated he has a
co�cern regarding his si� placHnent as it abut:� the triangle.
Mr. Herrick, City Attorney, stated he didn't believe the sign was
incampatible with the landscaping easement and that it shouldn't be a
problan.
N1CrPION by Councilman Fitzpatrick to waive the reading and apprave the
ordinance upon first reading with the following stipulations: (1)
petitio�er to sulxnit a starm drainage plan far staff appraval with Council
apprwal cantingent izpan staff and Rice Creek Watershed District apprwal af
plan; (2) petiti�er to sutxnit a landscape plan which is consistent with
existing landscape elenP.nts. All landscaping to have autamatic sprinkling;
(3) building facacle to be oomsistent with desic� and materials of existing
structure. East side af existing and proposed building to be painted to
match stucco; (4) Lots 21 through 29 to be canbined into one tax parcel
prior to building pexmit; (5) new fencing on easterly lot line to have
finished side taaard residences; existing fen�cing to have new boards added
to residence side; (6) petiti�er to s-�ipply a seven foot easement all along
East River Road far the purposes o� �Low starage and signage placenent prior
to publicatian af rezo�ning ardinance; f7) petitioner to supply a 35 foot
triangular easanent at the oorner of Mississippi Street and East River Road
for public landscaping and/or other urban design imprav�nents prior to
publicatian of rezo�ing c�dinance; and (8) provide appropriate access and
parking ea.senents to accatmodate c:�netery visitors. Seco�nded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the moticm
cazried tmanimously.
5. CONSIDERAT
� OF A VARIANCE, VAR #87-05
DISTRIGT BOUNDARY LINE
D REDUCE TFiE
FEET TO 1__1_ F
SETBACK FROM A
'sET TO ALLOW AN
F.�STIl� BUILDING. AT�O� WI'I�i ITS EXPANSION. Z�0 O�MPLY WITH Q�DE; TO REDUCE
THE SCREENING STRIP BETWEEN AN R-1, SINGLE FAMILY AND AN R-3. GENERAL
MJLTIPLE DISTRIGT FROM 15 FEET TO 0 FEET; TO REDUCE THE SCREENING STRIP
BEIW�1 AN i�l, SIIVGLE FANlILY AND A C-2, GII�L BUSIl�SS DISTRIGT FROM 15
FF�'T Tp 0 FEEI', TE� SAME BEII� 6501 EAST RIVER ROAD N.E. , BY CHItISTENSEN
AL]'I�O:
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'�' M •• M� i�l � • ' �
Mr. Rd�ertson, C7�mlmity Develognent Director, stated these three variances
are requested far the px�operty at 65d1 East River Road, Christensen Auto
Boc2y. He stated the variances are to reduce the setback fran a residential
district boundaxy line fran 50 to li feet; to reduce the screening strip
between an R-1 and R-3 district frosn 15 to 0 feet; and to reduce the
screening strip between an R-1 and C-2 district fran 15 to 0 feet. He
stated the hardship cited was the narrowness of the lot makes it
ec�cmically unfeasible to develop lots with setbacks, and the existing
building is presently set back 11 feet frcm the property line.
Mr. Robertso� stated the Appeals Ccnmission reviewed this variance request
an March 3, 1987 and recaamended approval of these variances.
MyI'ION by Councilman Fitzpatrick to grant these variances, VAR #87-05, for
Christensen Auto Body, 6501 East River Road. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, l�yor Nee declared the mation
carried �anim�t�sly.
6. ODNSIDII2ATION OF A SPECIAL USE PERNNUT, SP #87-03, TO ALLOW A REPAIR GARAGE
0�1 LO►I'S 23 Al�ID 24 'IbGE�R WITEi HALF VA('ATED ALLEY, BIACK 6, FRIDLEY PARK;
'PO ALL�OVJ EXTERIOR STOR�GE OF N�TERIALS AND D�UIPNIEI�IP ON LOTS 25 THI2OUGH 28
TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK; TO ALLOW AN
ALTI'ONDBILE PARKING LdI' ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED
ALLEY, BL�OC'K 6, FRIDI�.'Y PARK, EX(EFr THAT PART OF LOR' 28 , BLOCK 6, FRIDLEY
PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY
Q�tIS`I�ISII�1 AIl'l�0:
Mr. Rc�bertson, C�nunity Development Director, stated this special use
permit involves allawing a repair garage, with exteriar storage af materials
and equipment, and allowing an autctrKabile �rking lot on residential land
adjacent to the principal use. He sta.ted the special use permit involves
Lots 23 through 28, but not Lot 29 which is used far a canetexy.
Mr. Rabertson stated the Planning Catmissio� at their March 11, 1987 meeting
reca�nended approval of this special use permit with 11 stipulations as
srxxvn. on Page 6F of the agenda.
NDTION by Councilman Fitzpatrick to grant special use permit, SP #87-03,
with the follaving stipulations: (1) special use for repair garage is
issued for repair and refurbishang of autanobiles within the existing and
proposed structure rnly. No c�utsic�e work, other than moving aF vehicles, is
allawed autsic� aF the building ca� Lots 21-29; (2) petitianer to install two
new davn draft filter systans to minimize odors frc�n painting operations;
(3 ) hou.rs of c�perati� limited to 7:00 a.m. to 10 :00 pm. subj ect to review
by Planning C�ussian should there be neighborh�ood cunplaints; (4) special
use permit far� repair garage is subject to approval of rezoning to C-2,
General Business, an Lots 23 and 24; (5) special use for autside storage is
issued for starage associated with the princip�al use cn Lots 21 through 24
anly for present and subsequent owners; f6) storage yard shall be fully
screened with a solid eight foot high cedar screening fence with opaque
gates. Northerly mc�st gate to be closed wY�en r�t maving vehicles; (7) cars
which are leaking fluids will be drained prior to starage; (8) special use
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' I�; M •• M� I�1 � • '�
far� vehicle g3rking is fo� custaner and emplayee parking associated with
principal use ai Lots 21 through 24 �ly fo� present and subsequent owners.
No star�age of cla�riaged cars ar� parts allowed wtside � building or storage
yard; (9) parking and storage area will be constructed in a manner which
respects the existing canetery, and saves all existing trees mt located in
future paved areas; (10) lot 29 to renain as green area to provide buffering
and an access easartient to the canetexy; and (11) two driveways allawed onto
East River Road only, others to be closed. Seconded by Councilman
ScYuyeider. Upon a voice vote, all voting aye N.�yar Nee declared the motion
carried tmanin�usly.
7. C7�ISIDERATION OF S�'ITING A PUBLIC HEARIl� FOR AN ORDINANC� ANJENDING SECTION
2.03 OF THE FRIDLEY CIZ'Y Q�AR'I�R:
NYYI'ION by Councilman Billings to table this item until the Charter
�nission catrpletes its study of the Q�arter and recarcmends other changes.
Secc�ded by Councilman Schneider. iJpon a voice vote, all voting aye, Mayor
Nee declared the motion carried Lmanunously.
8. ITEM FROM THE PI�ADIl�ING �O�NA�SSION NIINCTT'ES OF N�,RCH 9, 1988:
A. �NSIDERATION OF A SPECIAL USE PERNIIT, SP #88-03, TD ALLAW
RETAIL SAI�S OF NDBILE HOME AND R.V. PARTS AND ACCES90RIES;
TO AL�IA�NT E}�PERIOR STORAGE OF N�.TERIALS AND �2UIPN�TI' ON LOT 1
SL� 1. i�AL RICE CREEK TERRACE. Tf� S�ME SEIlVG 6400 C�Ti'R
Mr. gobertsan, �m.mity Develognent Directar�, stated this request is f or a
special use permit to allaw somne retail sales in an industrial area and
a11vw autside starage located within a fenced star�age yard. He stated the
Flanning Ccnmissio� reviewed the request cn March 9, 1988 and recorcunended
appraval with stipulatic�ns. I�e stated staff has macle some changes to these
stipulations to make than mpre specific.
Cbuncilman Fitzpatrick asked if it was clear there w�uldn't be any storage
of vehicles for sale. Mr. Robertson stated this crn�ld be clarif ied in the
stipulatians.
Cbur�cilman Billings requested an explanation of stipulation No. 6. Mr.
RQbertscro stated at the time the owner initiates the camper busin�ss, or
prior to March, 1989, this special use permit for outside storage will be
reviewed in order to caver the prablem the Council is concerned about
whether there will be visible display of vehicles far sa].e. Mr. Kitterman,
awner of the property, stated in regard to stipulation No. 10, it is
ba.sically to what they have agreed. He stated tt�e praperty has high and low
points and there are same residential properties behind. He stated there is
no way they could absolutely pravide an area for.the campers where they
w�wld not be seen wer the fence. i�e stated fran the street side, the ei.ght
foot fence should prwide adequate screening so the campers would not be
visible.
Cbtmcilman Fitzpatrick stated his concern is not with campers behind the
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• I�' M •• M� ��1 � • ' �
fence, but any displays out in front af the building.
Mr. Herrick, City Attorr�y, felt a stipulation could be added stating all
retail sales and storage shall be within the fenced area.
A lady in the audience stated she had a concern abonit vehicles outside the
storage area and asked if recreation vehicles would be maintained and
re�aired an this site.
Mr. Rittennan stated if they enlarge the busin+ess and sell campers, he felt
they wr�uld r�eed to service those units. He stated any sezvicing would be
done inside, with no wark autsic�e the building.
The question then arose if Mr. Kittern�an would be c�perating a garage. Mr.
R,abertson stated this special use pernut is for autside storage caly.
Mr. Herrick, City Attorney, stated this particular special use pezmit is
only for autside storage. He stated if Mr. Kitterman is going to have
various businesses going on within the building, it is up to staff to
determine if the use is pernutted within the zoning and whether any special
use permits are required. He stated he doesn't believe this special use
permit covexs any activity except to allaw the cutside storage and if there
is to be a repa.ir garage ar� auto servicing, another special use permit would
be required.
NDTION by Courbcilman Schneider to grant special use pe�►it, SP #88-03, with
the following stipulations: (1) redesign parking lot with concrete cur3� and
gutter, striping and setbacks as indicated on City plan dated January 26,
1988; (2) install autanatic sprinkling, bern�ing and landscaping as indicated
on City plan dated January 26, 1988; (3? install decorative eight f oot high
fence along east of storage yard as indicated � City plan dated January 26,
1988; (4) install new eight foot high decorative fence setback ten feet fran
west property lirre and plant trees 30 feet on center in said setback; (5 )
refurbish narth, sauth and west fen�ce adding slats and vines as needed and
approved by staff; (6) s�ecial use far� outside storage to be reviewed prior
to such time as c�aer initiates camper business or prior to March, 1989
whichever canes first (SUP lapses if not used within cne year) ;(7) avner to
work with City to design an acce�ptable building facade upgrading plan; (8)
npise to be mana.ged to minimize adverse impact on adjacent property; (9)
storage area lighting slx�uld pravide far cut off at p�r�perty lines; (10 ) no
storage will �tend abwe the fence so as to be visible from grade level
autside aF yard; (11) all landscaping and site work to be completed by
Octd�er 1, 1988; and (12) a perfornnar�e bond ar� letter af credit for $2d,000
to be su�nitted prior to initiating activities covered by the special use
pezmit. Seconded by Councilwanan Jorgenson.
NDTION by Councilman Schneider to a�nend stipulati� No. 6 as follows: (6)
�pecial use far outside storage to be reviewed prior to such time as awner
initiates ca�nper business ar� prior to March, 1989 whichever ccxnes first and
each six mca�ths thereafter until March, 1991 (SUP lapses if r�ot used within
one year) and to add stipulatiari No. 13 as fallaas: all c�utdoor display and
retail sales and storage shall be within the fenced area. Seconded by
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FRID�,EY CITY Q�INCII.� N�TING OF APRII� 4, 1988
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the moti� carried imanimausly.
UPOTi A VOICE V(7I'E TAE�I CN Zi� Ng1IN NDTION, all voted aye, and Mayor Nee
declared the mr�ti� carried �vmously.
9. G�ONSIDERATION OF A QUIT CLAIM DEED FOR RELEASING THE PRE PLAT ROADWAY
FA�r FOR UNIVER.SITY AVENCTE SERVICE R(J�D:
N�. Flora, Public Works Director, sta.ted this is to correct a stuvey error.
He outlined the area wh�ere the road was located and stated the aligranent had
changed sar�vhat fram 197 8 to 1980. He stated when the C�ba Realty Plat was
platted, the error was never discwered, hawever, when the property was to
be sold, the discrepancy was faund.
Co�ilman Billings asked if it was necessary to acquire same property on
the other side c� the road. Mr. Flora sta.ted the City has the ea.sement f or
the full width af the road even tho�ugh th�e lir�e has shifted to the west.
I�. Herrick, City Attorney, stated the City has the necessary easement by
virtue of the plat. He stated he �mderstands that prior to the plat, the
owner gave an easanent to the City and the easgnent is as described in the
quit claim deed six�m cs� Pag+e 9A of tYie agenda. He sta.ted the property was
platted at a later date and the easgnent stx�wn cn the plat varied slightly
fram the easement given to the City before the plat. He stated the
Northwestern Orthapedic Surgeons medical group who purchased the property
has made inquiry about mortgages and the mortgage canpany raised the
question that the easanent given p�ior to the plat and with the plat are �t
identical. He stated in ar�der to d�tain f inancing, the mortgage co�npany
wants this cleared.
NDTION by Councilman Billings to authorize the Mayor and City Manager to
execute this quit claim c3eed. Seconded by Cotuicilman Fitzpatrick. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
ia�arLUnpusly.
10. �NSIDERATION OF SEI'!'ING A PUBLIC HF,ARING FOR APRIL 18, 1988 FOR THE REPLAT
OF SHOREVJOOD PLAZA IlV ORDIIZ ��RRECT RIGHT OF V�,Y ALIGI�Il�lENr DEFICIENCIES,
T,T, �RAr,r.y I,pCATEp Tp THE NORTH AND SOUTH OF RICE CREEK ROAD BETWEEN
CEIJI'RAL AVENUE :
N�. Rcabertsoa�, �mimity Develagnent Director, stated the petitioner has
requested postponement of this item. The Council, therefore, took no
actio�.
11. Q'�TSIDERATION OF SE`ITIl� A PUBLIC HEARIl� FnR APRIL 18, 1988 �R VACATION OF
THOSE PUBLIC RIGHT OF 4�+,YS AND EASII�TI'S INCZLTDID IN THE PLAT OF SHOREWOOD
PLA7�P, AND NC7P IlVCLUDED IN Tf� REPLAT OF SHORF.Tna00D Pi,AZA:
Mr. Robertson, �rmimity Development Director, stated the petitioner has
requested postponement of this iteqn. The Council, therefore, took no
action.
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• n� M •• u� ��+ � • -� C t:
12. Q'B3SIDERATION OF APPROVIl� SURVEYORS �!'IFICATE OF �RRECTION TO THE PLAT
OF SHOREWOOD PLA7,P,:
1�. Robertson, Qnmunity Devel�nt Director, stated several errors were
faund in the plat at the time it was to be recorded at the County. He
stated in an effort to expedite this process, the City Attorney and staff
met with the develapers and Anoka Cbunty representatives and it was agreed
the City Attorney wr�uld cxmnence proceedings to l�ave this corrected. He
stated in c�der to allow the developer to proceed with the mar�tgaging, it is
requested the Cbuncil approve this Surveyors Certificate of Correction to
the plat af Shorc�w�ood Plaza.
M7rION by Councilman Schneider to approve the Surveyors Certif icate of
Correction to the plat of Shorewood Plaza. Seconded by Councilwoman
Jorgenso�. LTpon a voice vote, all voting aye, Mayor Nee declared the motian
carried �manur�ously.
13. RECEIVING THE NBI��90TA DEPAR'I�JP OF TR�NSPORTATION'S LETTER, DISTRICT 5,
DATED N�RC�i 10, 1988 RE: AGR�I' ON THE I-694 NDISE ISSUE:
M�TION by Councilman Fitzpatrick to receive this letter fran w.M. Crawford,
District Engineer, dated March 10, 1988 regarding co�nanitments for sound
control for area N6. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the m�tica� carried imanimonisly.
14. O�NSIDERATION OF RE�IVING BIDS AND AWARDING Q�NT'RACT TO IaAILEY UONS'I'RUCTION
U�ANY FUR TEIE SATELLITE FIRE STATION:
Mr. Aldrich, Fire Chief, stated this project was rebid and eight bids were
received for the satellite fire station. He stated the low bidder was
Lhiley Cbnstruction and it is recca�unended this bid be accepted, with the
sail correctiari, and chi��ey deleti� for a total of $171,303.
NNy(YYPION by Councilman Schneider to receive the following bids for
constructian af a satellite fire statice�:
i. c ►i. • ���;
Uailey Can.structian
8510 Central Avenue N. E.
Minneapolis, NN 55432
Gbttonwood Canstruction
9240 Cbttonwood L�axie
Maple Grave, NN 55369
SpraLmgel Construction, Inc.
19491 - 109 th Ave. N.
Hanwer, NAT 55341
Bricl�aer Builders
SOIL DID�7C'I'
BUILDING CDRRECPION CHIl�'Y
$157,900 $15,460.00 $2,057
$167,740 $16,675.50 $1,300
$169,500
-20-
$18,020.00 $1,400
Z�0►PAL BID
$171,303.00
$183,115.50
$186,120.00
FRIIA�Y QTY aOtlNG7I� N�:ETING OF APRII, 4, 19 88
6230 Highway 65 N.E. #104
FYidley, NA] 55432
Merrimac Const. Gb., Inc.
1409 - 159th Ave. N.E.
Anopka, NN 55304
Dlavid N. Vol�t�ann Cbnst.
P. O. Box 126
C`ircle Pines, NN 55014
R/Con Constructian Cb.
2593 Ralph St.
White Bear Lalc�e, NN 55110
I�! Building Cut�any
1620 Central Ave. N.E.
Minneapolis, N�1 55413
Artic Electric, Inc.
2632 8th Ave. No.
Anoka, NII�T 55303
$170,299 $17,006.00 $2,160 $185,145.00
$184,453 $20,229.00 $1,325 $203,357.00
$197,940 $20,300.00 $1,900 $216,340.00
$207,000 $15,460.00 $1,700 $220,760.00
5207,180 $16,500.00 $1,300 $222,380.00
Bid Electric Only - $1,929.00
Secomded by Cotmcilwcman Jorgenson. Upon a voice vote, all voting aye,
Mayor Piee declared the motion ca�ried tmanimrnisly.
Mr. Aldrich stated the soil correctio�n area was expanc�ed as it was felt it
was in tive best interests of the City resulting in an increased cost of
aboait 66�.
NDTION by Councilman Schneider to award this bid for construction of the
satellite fire station to the lav bicldex, Dailey Cbnstruction for $157,900
far the building and $15,460 far soil correctian, less chimney deletion of
$2,057, � a total bid of $171,303. Seconded by Councilwaman Jorgenson.
Up�n a voice vote, all v�ting aye, Mayor Nee declared the motion carried
tmanimously.
15 . CS,AIl�TS :
MyI'ION by Councilman Schneider to authorize payment of Claims No. 19595
through 19733. Secor�led by Coun�ilman Fitzpatrick. LTpo�n a voice vote, all
voting aye, Ni�yor Nee declared the motion carried tmaniit�ausly.
16. LIC�]SES:
NDTION by Councilman Fitzpatrick to approve the licenses as subm.itted and as
cn file in the License Qerk's Office. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion caried
unan-imo�usly.
17 . ESTII�,TES :
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FRID�Y CITY Q7CTNCII, MEErIl�]G OF APRII, 4, 1988
MyI'ION by Councilman Schneider to approve the est�mates as sutxYUtted:
Gamnon Brothers
P.O. Box 83
R,�ers, N�V 55374
Sprin�rook Nature Cler�ter �bnd
I�rovenent Proj ect #173
Estimate No. 5 . . . . . . . . . . . . . . . . . . . $ 17 , 286 . 01
Shank Mechanical
3501 - 85th Av.e., N.
Minne.apolis, NqV 55443
Regair af C�t�ns Park Filtraticn Plant Project #164
Estimate No. 7 . . . . . . . . . . . . . . . . . . . $159,601.00
Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye,
Nkzyor Nee declared the motion carried tmanimrnzsly.
AI�TOiJRI�II�TP :
MO'!'ION by Councilwoman Jorgenson to adjourn the meeting. Seconded by
Cotmci].man Schn+eider. Upon a voice vote, all voting aye, Mayor Nee declared
the mr�tion carried unaninx7usly and the Regular Meeting of the Fridley City
Council of April 4, 1988 adjourned at 11:20 p.m.
Resp�ctfully suLmitted.,
Carole Haddad William J. Nee
Secretazy to the City Council Mayor
•.. . -.
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1
Form No. A.F. 4—Notice to Clerk of Meeting of Board of Rcvicw— •Equalization. Poucher. M�Is.
� - -- — -
' OFFICE OF COUNTY ASSESSOR
� TOTHECLERKOFTHE City pF Fridley
� '
; Anoka COUN7Y. MINNESOTA:
i
i NOTICE IS HEREBY GIVEN. That the 18th (Monday ) day of April , 1988
: at �� 3 � o'clock P M.. has been fixed as the date for the meeting of the Board of Review—
� C 1 t �s��� om o��
`�yjy�a�li��tyb�t-in your Y for said year. This meeting should be held in your oftice as provided by law.
� Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice otsaid meet-
ing by �uhlication and posting, not later than ten days prior to the date of said meeting.
� Given under my hand this 25th dayof January .1988 .
i
�
� ;-=�� .� -�,�
' ay e eon � ounry A�sessor
� _
� Anoka
. County, Minnesota
� �`A{+plies onh to cities whose chaner provides for a Board of Equalization instead of a Board of Re�•icw.
CITY OF FRIDLEY
OFFICIAL PUBLICATION
ASSESSMENT NOTICE
NOTICE IS HEREBY GIVEH, that the Board of Reviex of the City of
Fridley in Anoka County, Minnesota, Will meet at the Council
Chambers of the Fridley Civic Center in said City on Monday the 18th
day of April, 1988, at 7:30 p.m., for the purpose of revieWing and
correcting the assessments oP said City of Fridley for the year
1988.
All persons considering themselves aggrieved by said assessment or
who Wish to complain that the property of another is assessed too
lo� are hereby notified to appear at the said meeting and show cause
for having such assessments corrected.
No complaint that another person is assessed too loW Will be acted
upon until the person so assessed, or his agent� shall have been
notified of such complaint.
Given under my hand this 23rd day of March, 1988.
Shirley A. Haapala
Citq Clerk
Publish: March 30 and April 6, 1988
3/0/3/32
1A
2
A7BLIC HFARING
BEFORE �iE
QTY �IJNCLL
Notice is hereby given that there will be a Public Hearing of the City
Cotncil o� the City of Fridley in the City Hall at 6431 University Avenue
Northeast on Monday, April 18, 1988 in the Co�cil Chanber at 7: 30 p. m for
the purpose of :
Consideration of a Vacation, SAV �87-12, by Shorewood
Plaza Partners, to vacate that portion of the service
road lying east of and adjacent to Trunk Highway 65,
being a part of Lots I6 and 17, Auditor's Subdivision No.
88, Anoka Co�ty, Minnesota, generally located at 6257
Highway 65 11 E.
Any and all persons ciesiring to be heard shall be given an opport�ity at ttze
abwe stated time and plaoe.
WtLLIAM J. 1�E
P'�YOR
Putal ish : April 6, 1988
April 13, 1988
Any questions related to this item may be referred to te Fridley Comm�nity
Developnent Dep�rtinent, 571-3450.
Engineering
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: �� Q�e�, �itY 1'9anager IW88-115
FROM: � G. Flora, � Director o� Puhl ic Works
DATE: April I3, 1968
SUBJECT: �orewood Plaza Servioe Road Vacation
In January, 1968, the Planning Commission supported the vacation of the
Hic�way 65 East Service Drive along the Shorewood Plaza Shopping Center
property lu�e. ZY�eir reao�nendation included four stipulations and was based
upon the realic�ent and imprwenent af Rioe Creek Road.
Because o�f oonoern with the existing use of the servioe road, hlockage o� the
servioe road was installed on Marrh l, 1988. Zl�e blockage has continued to
date. No ir�quiries or questions have i�een reoeived by this offioe.
If the Co�cil ooncurs with the Planning Commission recommendation, they
should also identify the property as excess to the City neect� and provide for
the trarLSfer to the Shorewood Plaza Partnership.
�F/ts
Attad7rnents
2A
�'
�
�. .
•
:
� : .i�l � •�.��� �,� � ��Y � : �. : ;�
Mr. Brody stated he had no objection to that, . because entranoe into the
prorj ect was thei r maj or a�ncern /
Mc. Betzc�d stated Staff was asking the Planning Commission o table this
item to give �e City more time to work with the dev oper on some
alternatives How did Mr. Brody feel about delaying this ?
Mr. Arody stated they w�ere not planning to start wnstr ioal tntil spring, .
but haa long would this be delayed?
Mr. Robinson stated ti�is probahly would be brou�t/back to the Jan ?7th
Planning Catmission meeting �
Ms. Angie Gelbert, . 6291 Central Avenue, . state she had not reoeived ariy
previous notives of �is developnent, . and #�i as the first time she had
heard of any develognent. She stated sh would like to know how this
devel opnent woul d af f ect her asse ssments an h aa it woul d aff ect the tr aff ic
on Rive Creek Road and Old Central. She ated it was very difficvlt to get
out o� her driveway onto Old Cewtral naw
Mr. Robinson statQd that as far as fih�developnent, . there would be no effect
on Ms. Ge1 dert's property in terms o� asse ssnents
Cc�uncilmember Schneider stated hat as far as the City Council was
o�noerred, .�ere would be n� es ssnents regarding road imprwenents
Mr. Rc�binson stated he was so to hear that Ms Geldert had not reoeived
ar�y grevious notiaes as �e ould have been included on the mail ing 1 ist.
!�e .tated Ms Gildert was oame to stop by anytime at City Hall, . and he
would review the proec� ti� her.
�Q�I b� Mr. Rnndri�lSf seo�nded b� Mr. S�anda, . to close �e publ ic hearir�g
T7Fi�N A VOICE VO!£�. . VOTII� A�, . Q3AIIZ�RSCN BEZZ ¢D IE CZARED THE NDTION
CARRIED UNANINDU AND THE FUBLIC HEARIl� Q,CSED AT 7:55 P. M
MQTZQN by Ms, Sherek, . seconded by Mr. Kondrick, . to table further
aonsiderati this issue, . and that Staff be directed to develop some
alternative for hancIling the traffic in and out of the developnent with
aaiments f the developer.
His. She k stated Staff should pay particular attention to limiting the
impact �e people on 63rd Avenue and to explore the possibility of an
"ent oe a�ly" at tfie pcoposed driveway location
A VOI� VO�, . ALL VOPIl� A�, .�AIIti£RSCN BEEZ'LL¢,D T.EQ,ARED THE M�TION
ED UNANINDI)SLL'
2. C�OI�IDERATION OF A�VA�CATION, SAV #87-12. BY�$� PLAZA PAR'I'AERS;
To vacate all � ii�at portion of the Hic�way 65 east eervice road lying
westerly of and adjaoent to the Shorewood Plaza Shopping Center, . generally
located at 6257 Hicj�way 65 I�l E
-4-
2C
: : �41 � !� ��� �;, � ��Y � : �, : ;+
Mr. Robinson stated the reason for the vacation was that with the
impzwenents to the irttersection of Hic�way 65/Rioe Creek Road, . they saw
there was a negative in terms of traffic safety because there was not
sufficient setback fran t3�e state ric�t-of-way to where t�e traffic aanes in
and out on the servive road 7he City was �roposing that the entire portion
of the servioe road adjacent to the shopping center be vacated. 'if?at
property would then revert to the shopping center aaners. �e �aaners, . in
turn, .would grant the City an ea�ement so there would be access fram the
FricIley Liquor Store to Riae Creek Road A].l traff ic, . primarily traff ic
frcm the Liquor Store, . would be able to circulate throuc,� the shopping
center and then out to Rioe Creek Road �is pcoposal has been v�ordinated
with the Public Works Department and with MnDO'�
Mr. Robinson stated Staff was reo�mending the follaaing stipulations:
L Dpveloper to supply a storm drainage plan for existing oenter
pr i c�c to f inal appr ov al o� vaca ti on
2. I�eveloper to supply a joint driveway easement to the City
�nnecting the minicipal liqu�r store to Rive Creek Road
prior to final approval af vacatiorL
3. I�vel ope r to supply a rev ise d par king 1 ot 1 ayout sci�eme
pricr to f inal apQrwal af vacatia�.
4. Developer ao,rees to implement the lanc�cape plan supplied tr�
City upon oompletion of Rioe Creek Road imprwenents A7.1 green
areas to have autanatic sprinkling
Mr. I3rc�dy stated he felt they were in favor o� the vacation �ey feel it
will improve ti�e property and be in keeping wit3� the averall plan for Moore
Lak�e Carmons 9e bad no objection to the stipulatio�s.
Councilmenber Schneider asked if ti�is vawtion would affect �e Lift
Mr. Rorinson stat,ed 'IY�e Lift ooud possibly be impacted He �tated Scott
Holm, owner o� �e Lif t, . did call tfie City but he was riot able to attend t3�e
meeting A median was being proposed on Hic�way 65, and southboincl traff ic
would not be able to ac�oess Zlie Lif� Also, . the vacation of the service
rc�d would tend to cvt o�ff some aoaess to the store. Mr. Rc�l�in�on stated he
felt t3�e closing of ti�e median on Hic�way 65 would be m�e o� a p�oblen t3�an
the vacation of t3�e serviae road
IMis Sherek stated if �e servioe road was clearly marked that the acness was
throucj� the shopping center parking lot, .�at should actually ease the
negative impact; because ti�e way the service road is now, . it is not in a
very good position and is hazardous in terms of traffic mw�nent. She
stated she goes throuc� the �opping oenter parking lot and past the cgooery
store rxyw to get to the servive road, . rather ti�an make tfiat quick left onto
the serviae road fran Hic�way 6�
A¢. R�inson stated the easement would really be a pub�l ic easement and was
��
2D
i : �hl ► �.�.✓�1�. �,� „��M � : ,. : :�
r�ot f a� ti�e 1 iqu�r sto� e anly.
�Q�l by Mr. Rnndrick, aeo�nded by Mr. Svanda, . to reoomnend to City Council
appraval of SAV: #87-12 by Shorewood Plaza Partners to vacate all that
portion of ti�e Hic�,way 65 east servive road lying westerly of and adjaoent
to t3�e Shorewood Plaza Shopping Center, . generally locat�d at 6257 Hic�way 65
I1 E, witfi the following stipulatia�ns: .
I. Developer to supply a starm drainage plan foc existing �
oenter pcic� to final ap�zwal a� the vac$tioa
2 neveloper to supply a joint driveway easement to the
City oonnecting the m�icipal liquore store to Riae
Creek Road prior to final a,pgwal c� �e vacatiaL
3. Developer to supply a revised parking lot layaut sd�ene
prior to final appraval af tfie vac�tian
4. I�vel ape r agrees to impl enent the Ianclscape pl an suppl ied
by the City upon oompletian of Riae (Yeek Raad imptwe-
ments AZl c3reen areas to have autoaatic sprinkling
UFON A VOI� VO'�, . ALL VO�TII�I; A3�, .�A7R�RSQ1 BETL¢D LEQ,ARED THE I�JTION
C�2F2IED UI3AN7M)USL�
� -.. . -. . - . . . -- . . - . . -
. - . ��-- .
1� � � : � ► f : � � \ ,�i� ��,��i� �� ►. / � J : \ ' i���l/: ,� � Yr� .
• � � �1��� �i� . � • • \ � �/� '
Mr. Rrbinson stated the wnoept as Fzoposed f ran the begi ng wa at the
ol d shopping aenter woul d be renodel ed to be vonsi ster�t 2t�i t�h w ce nte r
in its desigi elenents At this time, . ii�e developer �are re to begin the
renodeling of t3�e existing shopping center, . and �will renamed Moore
Lake Comna�s West 'the glan foc tfie �opping �etiter i o construct a new
metal canop� wer tfie sidewalk area. �e met�' cano ,. t3�e acoent striping, .
and the stucoo sig� band will be aonsister�t �in tfie aenters and will be
�iform in o�lor. �e only deviatiori o.�lor ill be for reooqiized logos
for future a existing tenants whid�,�c�t a different color. �is was
cnnsistent to what has been cbne iu� �the �hopping oenters �►e City feels
this renodeling will be an e�aoe�ent ge to the �oppsng oerrter.
Mr. Rc�binson stated Staff w�s r mmending the fallaaing stipulatio�s:
L Sigi criteria to 1� pc ided whid� are wnsistent witi� those
se�tmitted fa 1►Spbr ake Ca�mons
2 All sigis �,oi th existing and proposed oenters to be the same
aolor u� ap�xwed tr� tfie develaper and the City.
3. Pyl ig� size for existing venter aontinger�t upon app�cval
e varianoe for area.
��binson stated the present pylon sign size was 224 sq. f� The
eloper plans to relocate the sign and remodel it at the same square
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PRELIMINARY SERVICE
�iOAD RELQCATION DESIGI'
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1. Developer to supply a stornn drainage plan for existing center prior to
f inal apprwal c� vacation.
2. Devlc7per to supply a joint driveway easement to the City connecting the
m�icigal liquor store to Rice Creek Road, prior to f inal approval of
vacation.
3. Developer to supply a revised parking lat layout schene prior to final
approval o� vacatic�.
4. Developer agrees to implenent the landscape plan supplied by City upon
oampletion of Rioe Creek Road imprwenents. All green areas to have
autanatic sprinkling.
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2G
CRDINAN� NQ
QtDIN�fNCE � AI�L�ID 241E CITY OODE OF THE QTY OF FRIt�EY,
NII�IN��A BY MARING A�ANGE IN ZCNING DISlRIQS
The Co�cil of the City of Fridley does ordain as fallaws:
SE(TION 1. Appendix D of the City Code of Fridley is amended as hereinatter
indicated.
SECTION 2. The tract or area witnin the County of Anoka and tne City of
FYidley and described as:
Lots 23 and 24, together with halt tne vacated a11ey, Block 6,
Fridley Park, aocording to tne Plat thereof on file and ot reoord
in the off ice o� ttie County F.ecorder in and f or Anoka County,
Minnesota, the same being 6501 East River N. E.
Is hereby desic,�ated to be in tt�e Zoned District known as C-2
(General Business).
SECTION 3. That the Zoaling Ac�ni.nistrator is directed to change the off icial
zoning map to shaw said tract or area to be rezoned f rom Zoned
District R-3 (General Multiple Dwell ings ) to C-2 (General
Btisiness), subject to stipulations adopted at City Council
meeting of
Pg1SSID ADID ADOPI'ED BY TfiE QTY OQJNCIL OF THE QTY OF FitII�,EY THIS DAY
OF , 1988.
WILLIAM J. 1�E - A'g1Yt�R
�ITFST;
3iIItLEY A. HAAPP,LA - QTY Q,IItK
Public Hearing: March 28, 1988
First Reading: April 4, 1988
Seo�nd Reading:
Pub�l ish :
3
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S!'IAJLl�IC�iS
1. �titioner to subnit for staff approval a storm drainage plan by April
13, 1987. City Co�mcil approval contingent upon staff and R G W. D.
appraval o� glan (tuider review) .
2. Petitioner to subnit a landscape glan which is oonsistent with existing
landscape elenents. All landscaFing to have autanatic sprinkling.
3. Building facade to be oonsisterit with desic� and materials of existing
structure. East side c� existing and proposed building to be painted to
matdl st ucoo.
4. Lots 21 throuc� 29 to be ornnbined into one tax paroel prior to building
permit.
5. New fencing on easterly lat 1 ir�e to have f inished side taward residenoes;
existing fencing to have r�ew boards added to residenoe sicie.
6. Petitioner to supply a seven foat ea�ement all along East River Road for
the purposes of snow storage and sic�age glaoement �rior to �ublication
of re2on? n� ord? nan_cQ.
7. Petitiazer to supply a�, foot triangular easement at the corner of
Mississippi Street and East River Road for public landscaping and/or
other urban design improvements �rior to Dubl icat ion of rezonina
c�rrlinanc�p�
8. Provide app�Friate accpss and �arkin_g eas ments to accomodate cemetary
visitors.
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HE$BST, THLTE 8c. MATZ, LTD.
TO:
FROM:
DATE:
RE:
M E M O R A N D U M
Mayor Nee
Fridley City Council
r�ary Matz, CATV Attorney
�f lyde Moravetz, CATV Coordinator
April 12, 1988
Proposed Changes to the Cable Television Franchise
Ordinance
We have prepared certain amendments to the proposed Fridley
Cable Television Franchise Ordinance based upon those concerns
raised by the Council at the public hearing conducted on Monday,
April 4, 1988. The proposed changes are as follows:
1. Section 405.03121) on page 8 be amended to read as
follows:
"System Upgrade" means that process to
commence immediately and to be completed bp
�arrtrar�*-�,--�996,--e� no later than two (2 )
years from the date of the acceptance of this
Franchise by which the System shall be
upgraded to a minimum of 440 MHz and certain
other improvements made all of which are
described more fully in Exhibit A.
2. Section 405.05(9)(BZ on page 13 be amended to read as
follows:
B. These tests shall be performed at
rre� mor�-�kar� six ( 6) locations approved by
the Citv.
3. Section 405.06(1�(A)(7� on page 14 be amended to read
as follows:
(7) Local broadcast stations defined as
all full-power broadcast local television
stations whose transmitter is within fifty
(50) miles of the cable television system
headend.
Please note that this was Nortel's original proposal and
that the tena full-power had been inadvertently omitted
previously.
4. Section 405.06(2) on page 15 be amended to read as
follows:
4A
HEEBST, THUE 8e MATZ, LTD.
April 12, 1988
Page 2
5.
follows:
6.
follows:
7.
follows:
Gra��ee-aka��-e�fer-a ar}rr�artrarro�-fetr�
�4}-Pa�-'�e�e���err-xr��r A subscriber
must subscribe to Basic Service in order to
receive any Pay Television service. A
subscriber shall not have to subscribe to a
monthly Pay Television service to receive
pay-per-view programming.
Section 405.06(8)lE) on page 19 be amended to read as
Grantee shall provide and maintain a
studio with minimum dimensions of twenty-
eight (28) feet by thirty-eight (38) feet at
the headend for public access user. The
hours of studio use shall be set by the City
or its designee. Grantee shall continue to
provide, free of charge, that space currentiv
being used at the headend as of the date of
the adoption of this Franchise for an access
organization.
Section 405.06(9)(B) on page 19 be amended to read as
Grantee shall continue to provide
personnel and equipment for complete two (2)
camera coverage of the City Council meetings
at no charge to the City.
Section 405.07(1) on page 19 be amended to read as
A. All construction and improvements
associated with the System Upgrade shall be
completed and the System made fully
operational rre-�ater-�1°rarr-,�ant�ar�-��,--�999-a�
no later than two l2) years from the date of
the acceptance of this Franchise. Grantee
shall give notice to the City sixty (60) days
prior to the anticipated completion date and
again at such time as Grantee has, in fact,
completed all construction and improvements
associated with the System Upgrade.
8. Section 405.09(4)fC) on page 31 be amended to read as
follows:
C. Grantee shall maintain adequate
telephone lines and personnel to respond on a
. �
HEi?BST, THUE 8C MATZ, LTD.
April 12, 1988
Page 3
9.
follows:
timely manner to schedule service calls and
answer subscriber complaints or inquiries as
required by this Section 405.09(4). In the
event that twenty-five percent (25�) or more
of those responding to the Annual Subscriber
Survey rec�,uired pursuant to Section 405.09(8)
hereof report dissatisfaction with Grantee's
availability of incoming telephone lines or
telephone answering practices, Grantee will
have thirty L 0) days from the date the City
receives the results of the Annual Subscriber
Survey to develop a Alan to eliminate the
problem, as a,pt�roved by the City. Grantee
shall maintain on file with the Franchise
Administrator the telephone number of a
responsible employee of Grantee who may be
reached by telephone twenty-four (24) hours a
day, seven (7) days a week. The hours of the
customer service department shall, at a
minimum, be as set forth in Exhibit G.
Section 405.09 L) on page 33-34 be amended to read as
A. Commencing in 1989, Grantee shall,
no earlier than ninety (90) days and no later
than thirty (30) days prior to submittir►g the
Annual Report required pursuant to Section
405.08(3) conduct a written survey of Fridley
subscribers in a form and manner approved by
the City. Each questionnaire prepared and
conducted in good faith so as to provide
reasonably reliable measures of Fridley
subscribers satisfaction with:
1. Signal quality;
2. Response to subscriber complaints;
3. Billing practices;
4. Programming services; and
5. Availability of incoming telephone lines and
telephone answering practices of Grantee
10. Section 405.10(2) on page 35 be amended to read as
follows: '
A. At the time the Franchise is
accepted, Grantee shall furnish and file with
the City any performance and payment bond, or
a performance payment bond together with such
other security as approved by the City. The
HE�?BST, THUE 8C MATZ, LTD.
April 12, 1988
Page 4
bond shall run to the City in the penal sum
of Five Hundred Thousand Dollars
($500,000.00). The bond shall be conditioned
upon the faithful performance of Grantee of
all the terms and conditions of the System
Upgrade. '�ke-rigkt�-r�ser�-�e-�ht-C�t�
���k -r�pee� -ta -�1K benc� -er -o�ker -�eettr�t�*
are� -�rr -adc����ea -t e -a�� -e�i�rer -r i gl�rt� -�l�re -���
�a� l�tav� trncter �ke -grartcl�r�e -er -arr� -e�k�
}�
Please note that the language to be deleted is duplicated in
paragraph (C) on that same page.
11. Exhibit A be amended to read as follows:
The System Upgrade shall consist of the
following:
1. Expanding the System to a minimum
of 440 MHz.
2. Overlashing existing distribution
cable with new cable and installing all new
electronics.
3. Replacing all underground trunk and
distribution cable and installing all new
electronics.
4. Changing out existing trunk
stations and replacing with new trunk
amplifiers.
5. Upgrading the headend with new
modulators and processors as required for
additional channels.
6. Pse���a��ng-�tr��-ort��ay
adc�reg�ab����p� -�l�tre�gketr� -�ht -Sp�g�e�
'�6. The headend shall continue to be
located at 350 63rd Avenue N.E.
12. Exhibit E be amended by adding pages 6 of 7 and 7 of 7
as attached.
GRM:dl
4C
. �
OPERATING RULES
Local Orictination Mobile Production Van
In the event Grantee provides a mobile production van in any one
or more of its cable television systems located in the Twin
Cities metropolitan area, then Grantee shall provide Fridley
access users the opportunity to utilize the mobile production van
in accordance with the following operating ru2es.
Schedulinc:
1. Request for scheduling a production using the Local
Origination Mobile Production Van must be made in writing to
Nortel's Program Producer.
2. Scheduling will be on a first-come first-serve basis.
3. In the event that two (2) or more requests are received for
productions on the same day, the following priority will apply in
granting requests:
A. Local Origination - St. Louis Park and Fridley
B. St. Louis Park Access
C. Bloomington and Fridley Access
4. Nortel's Local Origination will always have first priority
on use of the van.
Rules of Van Operation:
1. All users of the equipped mobile van must be certified in
its operation by the Nortel Cable TV Production Department.
Nortel will conduct workshops when needed to grant certification.
2. The appropriate Access Coordinator must be in attendance at
all times during use of the mobile van.
3. Nortel Cable personnel will accompany the van during all
remote productions using the mobile van. Nortel Cable employees
only, will be permitted to drive the van.
4. At all times during a production using the mobile van, the
Access group and Access Coordinator will be responsible for the
actions of the group as a whole. Any inappropriate behavior, use
of alcohol or other drugs or the use of foul language will not be
tolerated and will be considered reason to deny future use of the
van.
6 of 7
4E
5. The Access Coordinator is responsible to provide adequate
help and assistance in loading and unloading equipment form the
van. Unless previously arranged with Nortel's Program Producer,
Nortel's employee will only drive the van to and from the
production.
Damaae to Equipment:
1. The Access group, which is permitted to use the mobile van,
will have sole responsibility for any damage which occurs to the
equipment contained herein.
2. Prior to the use of the van, the Access Coordinator and a
Nortel Cable employee will inspect the van's equipment and note
the conditions which exist prior to use. Following the
production the Access Coordinator and a Nortel Cable employee
will again inspect the equipment to insure that no additional
damages have occurred.
3. If damages to the equipment
Producer will be responsible for
the damage, determining if repair
invoicing the Access entity.
Time Limitations:
occurs, Nortel's Program
assessing the dollar amount of
or replacement is necessary and
1. Nortel reserves the right to limit use of the van to insure
that scheduling conforms to previously mentioned guidelines and
is conducted fairly and responsibly.
Nortel Cable reserves the right to deny use of the mobile
production van should it be found that an access group
continually returns the van with misused or damaged equipment, in
an unclean condition, or if supervision of the group using the
van for production purposes is not adequate. Nortel reserves the
right to modify the van rules as conditions necessitate.
7 of 7
405.01.
405.02.
405.03.
405.04.
405.05.
405. CABLE COMMUNICATIONS FRANCHISE ORDINANCE
TABLE OF CONTENTS
STATEMENT OF INTENT AND PURPOSE.
1. Statement of Intent and Purpose
2. Award Fee and Franchising Costs
SHORT TITLE
DEFINITIONS
GRANT OF AUTHORITY AND GENERAL PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Grant of Franchise
Criteria of Selection
Authority for Use of Streets
Franchise Term
Area Covered
Police Powers
Use of Grantee Facilities
Written Notice
Franchise Non-Exclusive
Compliance with Laws
DESIGN PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
System Design
Two-Way System
Interconnection
Initial Service Area
Provision of Service
Technical Standards
Special Testing
Signal Quality
Test and Compliance Procedures
405.06. SERVICE PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Basic Service
Pay Television
FM Stereo Service
Programming Decisions
Emergency Alert System
Institutional Network
Access Channels
Access Equipment and Facilities
Local Origination
�
Page 2 - Ordinance No.
405.07.
405.08.
405.09.
CONSTRUCTION PROVISIONS
l.
2.
3.
4.
5.
6.
7.
8.
9.
l0.
11.
12.
Construction Timetable
Construction Delay
Upgrade Progress Reports
Construction Standards
Construction Codes and Permits
Repair of Streets and Property
Use of Existing Poles
Undergrounding of Cable
Reservation of Street Rights
Trimming of Trees
Street Vacation or Abandonment
Movement of Facilities
OPERATING AND REPORTING PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Open Books and Records
Communications with Regulatory Agencies
Annual Report
Operations Report
Additional Reports
Maps
Audit
Periodic Inspection
Periodic Evaluation and Renegotiation Sessions
CONSUMER PROTECTION PROVISIONS
1. Approval of Basic Service Rate Changes
2. Non-Regulated Rates
3. Charges for Disconnection or powngrading of
Service
4. Subscriber Complaint Practices
5. Subscriber Service Information
6. Subscriber Billing Practices
7. Rebate Policy
8. Annual Subscriber Survey
405.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
Payment to City
Performance Bond
Security Fund
Penalties from Security Fund
Procedure for Imposition of Penalties
Damages and Defense
Liability Insurance
City's Right to Revoke
Revocation Procedures
4G
�
Page 3 - Ordinance No.
405.11.
405.12.
i
FORECLOSURE, RECEIVERSHIP AND ABANDONMENT
l. Foreclosure
2. Receivership
3. Abandonment
REMOVAL, TRANSFER AND PURCHASE
1. Removal After Revocation or Expiration
2. Sale or Transfer of Franchise
3. City's Right to Purchase System
4. Purchase by City Upon Expiration or Revocation
405.13. RIGHTS OF INDIVIDUALS PROTECTED
1. Discriminatory Practices Prohibited
2. Subscriber Privacy
405.14. MISCELLANEOUS PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Compliance with Laws
Franchise Renewal
Continuity of Service Mandatory
Work Performed by Others
Compliance With Federal, State and Local Laws
Nonenforcement by City
Administration of Franchise
Cable Television Advisory Commission
Miscellaneous Violations
Emergency Use
Construction
Captions
Calculation of Time
405.15 EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE;
1.
2.
EXHIBIT A
Publication; Effective Date
Time of Acceptance and Exhibits
SYSTEM UPGRADE
EXHIBIT B TECHNICAL STANDARDS FOR SUBSCRIBER AND
INSTITUTIONAL NETWORK
EXHIBIT C
ACCESS CHANNEL CARRIAGE REQUIREMENTS
EXHIBIT D EQUIPMENT AVAILABLE FOR PUBLIC ACCESS USE
41
Page 4 - Ordinance No.
EXHIBIT E LOCAL ORIGINATION EQUIPMENT AVAILABLE FOR PUBLIC
ACCESS USE _
EXHIBIT F INITIAL RATES AND CHARGES
EXHIBIT G CUSTOMER SERVICE DEPARTMENT HOURS
4J
Page 5 - Ordinance No.
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY
ADOPTING A NEW CHAPTER 405, ENTITLED "CABLE
TELEVISION FRANCFIISE" AND REPEALING OLD CHAPTER
405, ENTITLED "CABLE COMMUNICATIONS FRANCHISE" AND
GRANTING A FRANCHISE TO NORTEL CABLE ASSOCIATES
L.P. TO OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF FRIDLEY; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE
FR.ANCHISE; PROVIDING FOR REGUI�ATION AND IISE OF THE
SYSTEIK; AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE.
PREAMBLE
The City of Fridley does ordain that it is in the public interest
to permit the use of public rights-of-way and easements for the
construction, maintenance and operation of a cable television
system under the terms of this Franchise; said public purpose
being specifically the enhancement of communications within the
City, the expansion of communications opportunities outside the
City, and the provision of programming of a truly local interest.
405.01. STATEMENT OF INTENT AND PURPOSE.
1. Statement of Intent and Purpose.
The City intends, by the adoption of this Franchise, to bring
about the continued development and operation of a cable
television system. This continued development can contribute
significantly to the communications needs and desires of many
individuals, associations and institutions.
2. Award Fee and Franchising Costs.
Grantee shall reimburse the City for all costs, including
attorney's fees and publication fees, expended in the soliciting,
processing and awarding of the Franchise. Payment shall be made
by Grantee at the time of acceptance of this Franchise as set
forth in Section 405.15(2) hereof.
405.02. SHORT TITLE.
This ordinance shall be known and cited as the "the City of
Fridley Cable Television Franchise Ordinance". Within this
document it shall also be referred to as "this Franchise" or "the
Franchise".
4K
Page 6 - Ordinance No.
405.03. 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.
1. "Basic Service" means any level of service that includes
the retransmission of local television broadcast signals and the
access channels required herein.
2. "Cable Mile" means a mile of cable bearing strand.
3. "Channel" means a six (6) 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.
4. "Class IV Channel" means a signaling path provided by the
System to transmit signals of any type from a subscriber
terminal to another point in the System.
5. "Citv" means the City of Fridley, Minnesota, a municipal
corporation in the State of Minnesota or its delegations. The
City Council is the authority of the City.
6. "Complaint" means any verbal or written inquiry, allegation
or assertion made by a person which requires subsequent
corrective action to the System or any portion thereof, or raises
an objection to the programming or business practices of Grantee.
The term "Complaint" does not include an inquiry which is
immediately answered by the Grantee.
7. "Converter" means 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 signals
included in the Basic Service delivered at designated converter
dial locations.
8. "Drop" means the cable that connects the subscriber
terminal at a point designated by the subscriber in the
subscriber's home to the nearest feeder cable of the System.
9. "FCC" means the Federal Communications Commission or a
designated representative.
`�
Page 7 - Ordinance No.
10. "Franchise Administrator" means the City Manager of the City
or his designee who shall be responsible for the continuing
administration of the Franchise.
11. "Grantee" means Nortel Cable Associates L.P., its agents,
employees, lawful successors, transferees or assignees.
12. "Gross Revenues" means the annual gross revenues of Grantee
from all sources of operations of the System within the City
including, but not limited to, Basic Service monthly fees, pay
television fees, installation and reconnection fees, and
advertising revenues. This term does not include any sales,
excise or other taxes collected by Grantee on behalf of the
state, city, or other governmental unit. The term does not
include any bad debt of Grantee so long as the bad debt is egual
to or less than two percent (2�) of the annual Gross Revenues. A
franchise fee shall be imposed on that portion of bad debt in
excess of two percent (2�) of the annual Gross Revenues.
13. "Installation" means the act of connecting the System from
the feeder cable to the subscriber terminal so that cable
television service may be received by the subscriber.
14. "Pav Television" means the delivery over the System of per-
channel or per-program audio-visual signals to subscribers for a
fee or charge, in addition to the charge for Basic Service.
15. "Person" means any corporation, partnership,
proprietorship, individual or organization authorized to do
business in the State of Minnesota, or any natural person.
16. "Public Propertv" means any real property owned by any
governmental unit other than a Street.
17. "Residential Unit" means any building, structure or portion
thereof which is occupied as, or designed or intended for
occupancy as a residence by one or more individuals. The term
Residential Unit is not limited to units occupied by persons as
their usual place of residence and includes units rented
periodically or used only as seasonal homes.
18. "Street" means the surface of and the space above and below
any public street, public road, public highway, public freeway,
public lane, public path, public way, public alley, public court,
public sidewalk, public boulevard, public parkway, public drive
or any public easement or right-of-way now or hereafter held by
the City which shall, within its proper use and meaning in the
sole opinion of the City, 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
4M
Page 8 - Ordinance No.
ordinarily necessary and pertinent to a System.
19. "Subscriber" means any person or entity who subscribes to a
service provided by Grantee by means of or in connection with the
System whether or not a fee is paid for such service.
20. "System" means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception
and control equipment that is designed to provide cable
television service which includes video programming and which is
pro'vided to multiple subscribers within the City, but such term
does not include (A) a facility that serves only to retransmit
the television signals of one (1) or more television broadcast
stations; (B) a facility that serves only subscribers in one (1)
or more multiple unit dwellings under common ownership, control
or management, unless such facility or facilities uses any public
right-of-way; (C) a facility of a common carrier which is
subject, in whole or in part, to the provisions of title II of
the Cable Communications Policy act of 1984, except that such
facility shall be considered a System to the extent such facility
is used in the transmission of video programming directly to
subscribers; or (D) any facilities of any electric utility used
solely for operating its electric utility systems.
21. "SVStem Uggrade" means that process to commence immediately
and to be completed by January l, 1990 or (two (2) years from the
date of acceptance of this Franchisel by which the System shall
be upgraded to a minimum of 440 MHz and certain other
improvements made all of which are described more fully in
Exhibit A.
22. "Tapping" means monitoring communications signals, where the
monitor is not an authorized monitor of the communications,
whether the communications is monitored by visual or electronic
means, for any purpose whatsoever.
23. "Two-Way System" means a System that can pass video, voice,
and/or data signals in both directions simultaneously.
405.04. GRANT OF AUTHORITY AND GENERAL PROVISIONS.
1. Grant of Franchise.
This Franchise is granted pursuant to the terms and conditions
contained herein. Such terms and conditions shall be subordinate
to a�l applicable provisions of state and federal laws, rules and
regulations.
2. Criteria of Selection.
The Grantee's technical ability, financial condition and legal
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Page 9 - Ordinance No.
qualifications were considered and approved by the City in full
public proceedings and affording reasonable notice and a
reasonable opportunity to be heard.
3.
4.
Authority for Use of Streets.
A. For the purpose of operating and maintaining a System
in the City, Grantee may erect, install, construct, repair,
replace, relocate, reconstruct and retain in, on, over,
under, upon, across and along the Streets within the 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.
B. Prior to construction or alteration of the System or
any portion thereof, Grantee shall, in each case, file
plans with the City and receive written approval of such
plans, which approval shall not be unreasonably withheld.
C. 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. Grantee shall widely publicize proposed
construction work prior to commencement of that work.
Grantee shall individually notify in writing all residents
affected by proposed underground work not less than forty-
eight (48) hours prior to commencement of that work. Such
notice shall include the Grantee's telephone number and the
responsible employee of Grantee.
D. Notwithstanding the above grant to use the Streets, no
Street shall be used by Grantee if the City, in its sole
opinion, determines that such use is inconsistent with the
terms, conditions or provisions by which such Street was
created or dedicated, or presently used.
Franchise Term.
This Franchise shall commence upon acceptance by Grantee as
defined herein and shall expire fifteen (15) years from such date
unless renewed, revoked or terminated sooner as herein provided.
5. Area Covered.
This Franchise is granted for the territorial boundary of the
City. In the event of annexation by the City, any new territory
shall become part of the area covered.
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Page 10 - Ordinance No.
6. Police Powers.
Grantee's rights are subject to the police powers of the City to
adopt and enforce ordinances necessary to the health, safety and
welfare of the public. Grantee shall comply with all applicable
general laws and ordinances enacted by the City pursuant to that
power.
7. Use of Grantee Facilities.
The City shall have the right to install and maintain, free of
charge, upon the poles and within the underground pipes and
conduits of Grantee, any wires and fixtures desired by the City
to the extent that such installation and maintenance does not
interfere with existing and future operations of Grantee.
8. 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 the person designated below, or when five (5) days
have elapsed after it is deposited in the United States mail in a
sealed envelope, with registered or certified mail postage
prepaid thereon, or on the next addressed business day if sent by
express mail or overnight air courier addressed to the party to
which notice is being given, as follows:
If to City: City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Attn: Cable Television Franchise
Administrator
If to Grantee: Nortel Cable Associates L.P.
350 63rd Avenue N.E.
Fridley, Minnesota 55432
Attn: System Manager
Such addresses may be changed by either party upon notice to the
other party given as provided in this section.
9. Franchise Non-Exclusive.
The Franchise granted herein is non-exclusive. The City
specifically reserves the right to grant, at any time, additional
franchises for a System in accordance with state and federal law.
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Page 11 - Ordinance No.
10. Compliance with Laws.
This Franchise complies with the Minnesota franchise standards
contained in Minn. Stat. 238.
405.05. DESIGN PROVISIONS.
1. System Design.
Grantee shall, upon acceptance of this Franchise as defined
herein, immediately undertake all necessary steps to upgrade and
thereafter operate and maintain the System to a minimum of 440
MHz as more fully described in Exhibit A.
2. Two-Way System.
The City and Grantee will continue to review during the term of
this Franchise the need for a two-way System.
3. Interconnection.
A. The System shall be designed to be interconnected with
other systems. The standard VHF channel 6 shall be
designated for usage as a regional channel; provided,
however, that until the regional channel becomes
operational, the standard VHF channel 6 may be utilized by
Grantee as it deems appropriate. Subject to approval by
the City, the designated regional channel may be shared with
the government access channel as may be required until such
time as the City requests a separate channel or until
combined usage of the channel expands to such point as it is
in use during eighty percent (80�) of the time between 8:00
a.m. and 10:00 p.m. during any consecutive six (6) week
period.
B. The City may request Grantee to negotiate
interconnecting the institutional network or the subscriber
network or both with other adjacent System(s) in the
Minneapolis/St. Paul metropolitan area. Grantee shall use
its best efforts to negotiate such interconnection and keep
the City informed of the progress of any negotiations.
4. Initial Service Area.
A. Residential units in areas with an average density of
at least forty (40) units per Cable Mile or its equivalent,
as measured from the nearest point of usable trunk, shall be
provided service upon payment of the standard installation
charges and applicable monthly fees.
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Page 12 - Ordinance No.
B. In areas with an average density of less than forty
(40) Residential units per Cable Mile the requesting
party(s) shall bear a pro rata share of the total cost of
time and materials for distribution plant up to the tap.
Additional residents who subscribe during the twenty-four
(24) month period immediately after the line extension area
is activated shall bear their pro rata share and the
initial subscriber(s) shall receive a proportionate refund.
Standard installation rates shall apply after the twenty-
four (24) month period has elapsed.
C. Residential or non-residential areas which are not
fully developed need not be cabled until twelve (12) months
after receiving a request from the City to do so or twelve
(12) months after the final grade is completed, whichever is
later.
D. The cost of any installation exceeding Two Hundred
Fifty Dollars ($250.00) in time and materials shall be borne
by the requesting party in advance.
5. Provision of Service.
After service has been established by activating trunk and
distribution cable for any area, Grantee shall provide service to
any requesting subscriber within that area thirty (30) days from
the date of request.
6. Technical Standards.
The System shall be designed, constructed and operated so as to
meet those technical standards set forth in Exhibit B.
7. Special Testing.
A. At any time after commencement of service to
subscribers, the City may require or may retain an
independent engineer to perform additional tests, full or
partial repeat tests, different test procedures, or tests
involving a specific subscriber's drop. Such additional
tests will be made on the basis of complaints received or
other evidence indicating an unresolved controversy or
significant noncompliance, and such tests will be limited to
the particular matter in controversy.
B. The City shall endeavor to so arrange its requests for
such special tests so as to minimize hardship or
inconvenience to Grantee or to the subscriber.
C. If such special testing establishes that the Syste�
meets all required technical standards set forth at Exhibit
�
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Page 13 - Ordinance No.
B, the City shall bear the expense for such special
testing.
D. If such special testing establishes that the System
does not meet all required technical standards set forth at
Exhibit B, Grantee shall bear the expense for such special
testing.
8. Signal Quality.
The System shall produce a picture in black and white or color,
depending upon whether color is being cablecast, that is
undistorted and free from ghost images, and without degradation
of color fidelity. The System shall produce a sound that is
undistorted and of a consistent level on an audio receiver of
average quality.
9. Test and Compliance Procedures.
A. Grantee shall perform periodically, at intervals no
greater than once a year, necessary tests to verify
compliance with those technical standards set forth in
Exhibit B.
B. These tests shall be performed at not more than six (6)
locations approved by the City.
C. The tests may, upon request of the City, be witnessed
by representatives of the City. If one or more of the
locations tested fail to meet the performance standards,
Grantee shall complete corrective measures and report to the
City the corrective measures so taken. The entire test
shall be repeated for the locations. Grantee shall bear the
expense of all such testing.
D. Notwithstanding anything to the contrary, Grantee
shall drive-out one-third (1/3) of the System each month for
the purpose of detecting signal leakage or conduct signal
leakage testing by an approved alternative method. The
entire System shall be driven-out every three (3) months.
The results of this testing shall be submitted to the City
with the Operations Report required pursuant to Section
405.08(4) hereof.
405.06. SERVICE PROVISIONS.
1. Basic Service.
A. Grantee shall initially provide a Basic Service
consisting of the following broad categories of
programming:
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Page 14 - Ordinance No.
(1) Broadcast network affiliates.
(2) Public, educational, library and governmental
access and local origination channels as required
herein.
(3) Two or more distant independent superstations.
(4) Satellite delivered channels which independently
provide the following broad categories of programming
as available:
(a) News programming
(b) Music programming
1) Country Music
2) Top 40
(c) Children's programming
(d) Arts programming
(e) Public affairs programming
(f) Broad-based general interest programming
(g) Religious programming
(h) Financial programming
(i) Health programming
(5) Either local or satellite delivered channels which
provide:
(a) Programming information
(b) Current weather information
(6) Regional Channel Six.
(7) Local broadcast stations defined as all broadcast
local television stations whose transmitter is within
fifty (50) miles of the cable television system
headend.
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Page 15 - Ordinance No.
B. Upon completion of the System in accordance with
Section 405.07(1) Grantee shall at a minimum add the
following broad categories of programming to the Basic
Service:
Middle of the road music programming
Scientific-educational programming
2. Pay Television.
Grantee shall offer a minimum of four (4) Pay Television
services. A subscriber must subscribe to Basic Service in order
to receive any Pay Television service. A subscriber shall not
have to subscribe to a monthly Pay Television service to receive
pay-per-view programming.
3. FM Stereo Service.
Grantee shall offer an FM stereo service as an optional service
with the following categories of programming:
Educational
Classical
Contemporary
Rock and Roll
Easy Listening
Adult Contemporary
Religious
Progressive
Country
4. Programming Decisions.
All programming decisions shall be at the sole discretion of
Grantee; provided, however, any change to the mix, quality or
level of service shall require the prior approval of the City.
Any such approval by the City shall not be unreasonably withheld.
5. Emergency Alert System.
Grantee shall install during the System Upgrade and thereafter
maintain for use by the City a Scientific Atlanta Model 6120A
ComAlert system or equivalent. This system shall be remotely
activated by telephone and shall allow a representative of the
City to override the audio on all channels of the System in the
event of a civil emergency or for reasonable tests.
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Page 16 - Ordinance No.
6. Institutional Network.
A. Grantee shall, as a part of the System Upgrade,
construct, activate and thereafter maintain a minimum 440
MHz mid-split Institutional Network.
B. The Institutional Network shall be designed and
constructed so as to pass the following locations:
(1) Stevenson Elementary School
(2) Hayes Elementary School
(3) Fridley Middle School
(4) Fridley Senior High
(5) Parkview Community Center
(6) City Hall
(7) Anoka County Library (Fridley Branch)
Grantee shall provide one free drop from the Institutional
Network to each institution at a location selected by that
institution. The Institutional Network shall be extended to
pass other institutions at the expense of the requesting
party.
C. Grantee shall provide, and thereafter maintain, all
necessary headend equipment to program seven (7) upstream
and seven (7) downstream channels. Grantee shall be under
no obligation to purchase any additional headend equipment
other than specified in the preceding sentence; provided,
however, nothing contained herein shall prevent or restrict
a user from purchasing, after consultation with Grantee,
additional headend equipment. Grantee shall thereafter
maintain any equipment so purchased by a user and Grantee
may charge the user for Grantee's actual cost of
maintenance.
D. The user of any channel(s) on the institutional
network shall be responsible for purchasing and maintaining
any equipment necessary at the user's site. Grantee shall
consult and cooperate with the user in order that compatible
equipment will be purchased.
E. The City and Grantee shall develop jointly an
allocation of channels on the institutional network
including the terms and conditions for the use of any
channels.
Page 17 - Ordinance No.
� �'I
F. Notwithstanding anything to the contrary, Grantee
shall be responsible for repairing, replacing and
maintaining any equipment damaged by Grantee.
7. Access Channels.
A. Grantee shall provide to each of its subscribers who
receive some or all of the 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, first-served,
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; at least one specially designated
access channel for use by the Anoka County Library; and at
least one specially designated access channel available for
lease on a first-come, first-served, nondiscriminatory basis
by commercial and noncommercial users. The access channels
shall be carried in accordance with Exhibit C attached
hereto. The VHF spectrum shall be used for one of these
specially designated public access channels. No charges may
be made for channel time or playback of prerecorded
programming on at least one of the specially designated
noncommercial public access channels required herein.
Personnel, equipment and production costs may be assessed,
however, for live studio presentations exceeding five (5)
minutes in length. Charges for those production costs and
any fees for use of the public access channels must be
consistent with the goal of affording the public a low-cost
means of television access.
B. Whenever the specially designated noncommercial public
access channel, the specially designated education access
channel, the specially designated local government access
channel, or the specially designated leased access channel
required in paragraph A above is in use during eighty
percent (80%) of the weekdays, Monday to Friday, for eighty
percent (80%) of the time during any consecutive three (3)
hour period for six weeks running, and if there is demand
for use of an additional channel for the same purpose,
Grantee shall have six (6) months in which to provide a new
specially designated access channel for the same purpose.
C. Grantee and the City shall jointly establish rules
pertaining to the administration of the specially designated
noncommercial public access channel.
D. In the event Grantee offers subscribers the option of
receiving programs on one or more special service channels
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Page 18 - Ordinance No.
without also receiving the regular subscriber services,
Grantee may compZy with the requirements of this Section by
providing the subscribers who receive the special service
only, at least one specially designated composite access
channel composed of the programminq on the specially
designated noncommercial public access channel, the
specially designated education access channel, and the
specially designated government access channel required in
this Section.
E. In the event Grantee provides only alarm services or
only data transmission services for computer-operated
functions, Grantee need not provide access channel reception
to alarm or data only service subscribers.
8. Access Equipment and Facilities.
A. Grantee shall continue to provide, maintain and
replace all equipment presently made available for public
access use and as identified in Exhibit D.
B. Grantee shall contribute to the City the following sums
to be used to acquire equipment in support of public,
educational and government access.
(1)
�2)
(3)
The time of acceptance
No later than March 1, 1993
No later than March 1, 1998
$60,000 adjusted in
accordance with
paragraph D hereof
$60,000 adjusted in
accordance with�
paragraph D hereof
$60,000 adjusted in
accordance with
paragraph D hereof
C. Grantee shall be responsible for insuring, maintaining,
repairing, fixing and adjusting all equipment so purchased.
All such equipment shall be replaced by Grantee unless
Grantee establishes to the satisfaction of the City that
demand does not exist for such equipment.
D. Notwithstanding anything to the contrary, within
thirty (30) days after the publication and issuance thereof,
Grantee shall deliver to the City a true copy of the
Consumer Price Index for Minneapolis/St. Paul for all items
of the Bureau of Labor Statistics of the United States
Department of Labor for the month endinq January 31, 1988
(the "base month"), for the month ending January 31, 1993_
and for the month ending January 31, 1998. If the Consumer
Page 19 - Ordinance No.
�
Price Index of the months of
31, 1998 shows a decrease in
Thousand Dollars ($60,000.00)
the Consumer Price Index for
the contribution in 1993
accordingly.
January 31, 1993 and January
the purchasing power of Sixty
as compared, in each case, to
the base month, the amount of
�nd 1998 shall be adjusted
E. Grantee shall provide and maintain a studio with
minimum dimensions of twenty-eight (28) feet by thirty-eight
(38) feet at the headend for public access use. The hours
of studio use shall be set by the City or its designee.
Grantee shall continue to provide, free of charge, space at
the headend for an access organization.
F. The local origination production equipment set forth in
Exhibit E attached hereto shall be made available for access
use subject only to those terms and conditions set forth in
Exhibit E.
Local Origination.
A. Grantee shall employ the equivalent of two and one-half
(2.5) full-time employees who shall be responsible for local
origination programming. Grantee shall provide, at a
minimum, fifteen (15) hours of original locally produced
programming per month computed on a quarterly basis.
B. Grantee :
equipment for
meetings at no
�hall conti
complete
charge to th
C. The City and Grantee
local origination programm
evaluation and renegotiation
Section 405.08(9) hereof.
nue to
coverage
e City.
shall
ing at
405.07. CONSTRUCTION PROVISIONS.
1. Construction Timetable.
provide personnel and
of the City Council
review
the tim
session in
the provision of
e of the periodic
accordance with
A. All construction and improvements associated with the
System Upgrade shall be completed and the System made fully
operational no later than January 1, 1990 OR �or two (21
years from the acceptance of this Franchise). Grantee shall
give notice to the City sixty (60) days prior to the
anticipated completion date and again at such time as
Grantee has, in fact, completed all construction and
improvements associated with the System Upgrade.
B. Upon receipt of notice
improvements associated with
that all construction and
the System Upgrade have, in
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Page 20 - Ordinance No.
fact, been completed the City shall have forty-five (45)
days to receive a written report from an independent
engineer; provided, however, if the City fails to receive
such a written report within the forty-five (45) days the
System Upgrade shall be deemed completed, unless the failure
to receive such a report is due to unforeseen events, acts
of God, or events beyond the reasonable control of the City.
C. Notwithstanding anything to the contrary, the City may
condition completion of the System Upgrade upon receipt of a
written report from an independent engineer. The System
Upgrade shall not be deemed completed until the independent
engineer reports the following:
(1) All construction and improvements associated with
the System Upgrade have been made or otherwise
satisfactorily resolved;
(2) Satisfactory test results using the technical
standards set forth in Exhibit B at up to ten (10)
widely separated subscriber drops selected by the
independent engineer and using the following tests:
(a) Signal level
(b) Hum
(c) Bandpass response of System
(d) Carrier to noise of System
(e) TASO picture quality
(3) Compliance with all applicable codes and
standards.
(4) Completion and activation of the Institutional
Network.
(5) Installation and the proper working of the
emergency alert system required at Section 405.06(5j
hereof.
(6) Carriage of the Basic Service, as available, set
forth at Section 405.06(1).
2. Construction Delay.
Grantee shall notify the City of any delay in the System Upgrade.
The City may excuse delay only upon occurrence of unforeseen
events or acts of God.
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Page 21 - Ordinance No.
3. Upgrade Progress Reports.
Grantee shall furnish the City, upon request of the City, written
monthly progress reports, in a format approved by the City,
detailing progress of the System Upgrade.
4. Construction Standards.
A. All construction practices shall be in accordance with
. all applicable sections of the Occupational Safety and
i Health Act of 1970 and any amendments thereto as well as all
state and local codes where applicable.
B. All installation of electronic equipment shall be of a
permanent nature, durable and installed in accordance with
the provisions of the National Electrical and Safety Code
and National Electrical Code as amended.
C. Antennas and their supporting structures (tower) shall
be painted, lighted, erected and maintained in accordance
with all applicable rules and regulations of the Federal
Aviation Administration and all other applicable state or
local codes and regulations.
D. All of Grantee's plant and equipment, including but not
limited to the antenna site, headend and distribution
system, towers, house connections, structures, poles, wire,
cable, coaxial cable, fixtures and appurtenances shall be
installed, located, erected, constructed, reconstructed,
replaced, removed, repaired, maintained and operated in
accordance with good engineering practices, performed by
experienced maintenance and construction personnel so as not
to endanger or interfere with improvements the City may deem
appropriate to make, or to interfere in any manner with the
rights of any property owner, or to unnecessarily hinder or
obstruct pedestrian or vehicular traffic.
E. Grantee shall at all times employ ordinary care and
shall install and maintain in use commonly accepted methods
and devices preventing failures and accidents which are
likely to cause damage, injury or nuisance to the public.
5. Construction Codes and Permits.
A. Grantee shall obtain all required permits from the
City before commencing any work requiring a permit,
including the opening or disturbance of any Street, or
public property or public easement within the City.
Grantee shall strictly adhere to all building and zoning
codes currently or hereafter applicable to construction,
Page 22 - Ordinance No.
operation or maintenance of the System in the City.
B. The City shall have the right to inspect all
construction or installation work perfonaed pursuant to the
provisions of this Franchise and to make such tests as it
shall find necessary to ensure compliance with the terms of
the Franchise and applicable provisions of local, state and
federal Iaw.
C. Nothing contained in this Franchise, shall be
construed to give Grantee the authority to enter upon or
work on private property in areas not encumbered with public
easements without the permission of the property owner.
6. Repair of Streets and Property.
Any and all Streets or public property or private property which
are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance or reconstruction
of the System shall be promptly repaired by Grantee, at its
expense to a condition as good as that prevailing prior to
Grantee's construction.
7. Use of Existing Poles.
Grantee shall not erect, for any reason, any pole on or along any
Street in an existing aerial utility system without the advance
written approval of the City. Grantee shall exercise its best
efforts to negotiate the lease of pole space and facilities from
the existing pole owners for all aerial construction.
8. Undergrounding of Cable.
Cable shall be installed underground at Grantee's expense where
both the existing telephone and electrical utilities are already
underground. Previously installed aerial cable shall be placed
underground when both the telephone and electrical utilities
convert from aerial to underground construction. Grantee shall
place cable underground in newly platted areas in concert with
both the telephone and electrical utilities, unless this
requirement is waived by the City. In the event that telephone
or electric utilities are reimbursed by the City or any agency
thereof for the placement of cable underground or the movement of
cable, Grantee shall be reimbursed upon the same terms and
conditions as the telephone or electric utilities.
9. Reservation of Street Rights.
A. Nothing in this Franchise
prevent the City from constructing
or relocating sewers; grading,
shall be construed to
, maintaining, repairing
paving, maintaining,
. . .
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Page 23 - Ordinance No.
repairing, relocating and/or altering any Street;
constructing, laying down, repairing, maintaining or
relocating any water mains; or constructing, maintaining,
relocating, or repairing any sidewalk or other public work.
B. All such work shall be done, insofar as practicable in
such a manner as not to obstruct, injure or prevent the free
use and operation of the poles, wires, conduits, conductors,
pipes or appurtenances of Grantee.
C. If any such property of Grantee shall interfere with
the construction or relocation, maintenance or repair of any
Street or public improvement, whether it be construction,
repair, maintenance, removal or relocation of a sewer,
public sidewalk, or water main, Street or any other public
improvement, thirty (30) days notice shall be given to
Grantee by the City and all such poles, wires, conduits or
other appliances and facilities shall be removed or
replaced by Grantee in such manner as shall be directed by
the City so that the same shall not interfere with the said
public work of the City, as determined by the City, and such
removal or replacement shall be at the expense of Grantee
herein.
D. Nothing contained in this Franchise shall relieve any
person from liability arising out of the failure to
exercise reasonable care to avoid injuring 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.
10. Trimming of Trees.
Grantee shall have the authority to trim trees upon and
overhanging streets, alleys, sidewalks and public places of the
City so as to prevent the branches of such trees from coming in
contact with the wires and cables of Grantee; provided, however,
all trimming shall be done under the supervision and direction of
the City, if requested by the City, and at the expense of
Grantee.
11. Street Vacation or Abandonment.
In the event any Street or portion thereof used by Grantee shall
be vacated by the City or the use thereof discontinued by
Grantee, during the term of this Franchise, Grantee shall, at
Grantee's expense, forthwith remove its facilities therefrom
unless specifically permitted by the City 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
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Page 24 - Ordinance No.
area where such removal has occurred to a condition similar to
that existing before such removal took place. In the event of
failure, neglect or refusal of Grantee, after thir�y (30) days
notice by the City to remove the facilities or to repair,
restore, reconstruct, improve or maintain such Street portion,
the City may do such work or cause it to be done, and the cost
thereof as found and declared by the City shall be paid by
Grantee as directed by the City and collection may be made by any
available remedy.
12. 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 this Franchise, in order to lawfully to move a large
object, vehicle, building or other structure over the streets of
the City, upon two (2) weeks notice by the City to Grantee,
Grantee shall move at the expense of the person requesting the
temporary removal such of his facilities as may be required to
facilitate such movements. Any service disruption provisions of
this Franchise shall not apply in the event that the removal of
Grantee's wires, cables, poles or other facilities results in
temporary service disruptions.
405.08. OPERATION AND MAINTENANCE.
1. Open Books and Records.
The City shall have the right to inspect, upon twenty-four (24)
hours written notice, at any time during normal business hours
aIl books, records, maps, plans, financial statements, service
complaint logs, performance test results, record of requests for
service and other like materials of Grantee which are reasonably
necessary to monitor compliance with the terms of this Franchise.
2. Communications with Regulatory Agencies.
Copies of all petitions, applications, communications and reports
submitted by Grantee or on behalf of or relating to Grantee to
the FCC, Securities and Exchange Commission or any other federal
or state regulatory commission or agency having jurisdiction in
respect to any matters affecting the System authorized pursuant
to this Franchise shall also be submitted simultaneously to the
City. Copies of responses from the regulatory agencies to
Grantee shall likewise be furnished to the City within fifteen
(15) days of receipt of the response.
3. Annual Report.
On or before April 1, including the year in which the Franchise
becomes effective, Grantee shall file with the City a copy of the
Page 25 - Ordinance No.
� � �
following information regarding the System.
A. A financial statement including an income statement,
statement of operating expenses in detail, a cash flow
statement and a balance sheet prepared in accordance with
generally accepted accounting principles and certified by a
financial officer of Grantee.
B. A description of the Basic Service then being offered
at the end of the fiscal year together with a description of
any changes made in the Basic Service during the reported
year.
C. A compilation setting forth the results of the annual
subscriber survey.
D. A current copy of the subscriber service information
required in accordance with Section 405.09(5) hereof.
E. A current list of names and addresses of each
principal. For the purposes of this requirement the term
"principal" means any person, firm, corporation, partnership
or joint venture, or other entity who or which owns or
controls five percent (5�) or more of the voting stock (or
any equivalent interest of a partnership or joint venture of
Grantee).
F. A compilation summarizing the complaints received
during the reported year, by category, and a discussion of
any unresolved complaints.
G. A certification of the Gross Revenues for the
preceding year prepared by an independent certified public
accountant.
H. A projected business plan for the next fiscal year
including, at a minimum, projections for the number of Homes
Passed, Basic Service subscribers and Pay Television
subscribers set forth on a monthly basis.
I. A reconciliation between previously projected Homes
Passed, Basic Service Subscribers and Pay Television
Subscribers and actual results for the last six (6) months.
4. Operations Report.
Grantee shall submit to the City on or before October 1 of each
year a written Operations Report containing the following
information:
A. Progress towards the projected Business Plan for that
4EE
Page 26 - Ordinance No.
year.
B. Any new services planned.
C. A reconciliation of projected Homes Passed, Basic
Service Subscribers and Pay Television Subscribers with
actual results for the last six (6) months.
D. The results of System performance tests conducted
within the previous six (6) months and in accordance with
Section 405.05(9).
E. Such other information as Grantee deems relevant.
5. Additional Reports.
Grantee shall prepare and furnish to the City, at the times and
in the form prescribed, such additional reports with respect to
its operation, affairs, transactions or property, which are
reasonably necessary for the administration and enforcement of
this Franchise.
6. Maps.
Grantee shall
current map or
all equipment
places.
7. Audit.
maintain on file with the City at all times a
set of maps drawn to scale showing the System and
installed or in place in streets and other public
The City and their agents and representatives shall have the
authority, during normal business hours, to arrange for and
conduct an inspection of the books and records of Grantee and its
equipment. Grantee shall first be given twenty-four (24) hours
written notice of the inspection request, the description of and
purpose for the inspection and description, to the best of the
City's ability, of the books, records, documents and equipment it
wants to inspect.
8. Periodic Inspection.
The City and Grantee shall, at the request of the City, undertake
an inspection of the System to ascertain the System performance
at randomly selected subscriber drops selected by the City. The
request for such an inspection will be made on the basis of
complaints received or other evidence indicating an unresolved
controversy or problem.
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Page 27 - Ordinance No.
A. The City shall give written notice to Grantee of the
City's intention to undertake an inspection of the System
and the name of that person who will participate for the
City.
B. Grantee shall, within two (2) days of receipt of the
City notice, select one person who will participate for
Grantee and so notify the City.
C. The representatives of the City and Grantee shall,
within three (3) days of the selectivn of the Grantee
representative, select a third representative who need not
be trained in cable television technology.
D. Within ten (10) days after the appointment of all
representatives, the representatives shall commence an
inspection of the System in accordance with the following
procedures:
(1) The representatives shall commence the inspection
of the System at the headend by viewing all programmed
channels or a representatives portion thereof and, by a
decision of the majority, assign a rating of one (1) to
five (5) for each channel of programming.
(2) The representatives shall then view the System
performance at subscriber drops selected by the City.
The representatives shall view all or a representative
portion of the programmed channels at each location
and, by a decision of the majority, assign a rating of
one (1) to five (5) for each channel of programming so
viewed.
(3) In assigning a rating for each channel of
programming so viewed, the representatives shall use
the following scale:
1 - Poor picture, unusable
2- Fair picture, degradation a problem
3- Good picture, degradation noticeable
4- Very good picture, small amount of
impairment noticeable
5- Excellent picture, no visible impairment E.
E. The representatives shall prepare and submit to the
City and Grantee a written report of its findings and any
appropriate recommendation.
F. Upon request of the City, Grantee shall report to the
City, at a regular or specially scheduled meeting of the
City, what steps are being taken to correct deficiencies
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Page 28 - Ordinance No.
noted in the report or why corrective measures are not
necessary. Notwithstanding anything to the contrary, the
City may use the report submitted by the representatives as
a basis for ordering special testing of the System pursuant
to Section 405.05(7) hereof.
9. Periodic Evaluation and Renegotiation Sessions.
The field of cable communications is a relatively new
changing one which may see many regulatory, technical,
mar}�eting and legal changes during the term of this
Therefore, in order to provide for a maximum
flexibility in this Franchise, and to help achieve
advanced and modern System, the following evaluation
will apply:
and rapidly
financial,
Franchise.
degree of
3 continued
provisions
A. The City reserves the right to adopt rules and
regulations controlling the procedures as set forth below
and the subjects for Evaluation and Renegotiation Sessions.
In the absence of any City action taken to exercise these
rights, Grantee shall be subject to at least the procedures
and subjects described in this section.
B. The City may require, at its sole discretion,
evaluation sessions at any time during the term of this
Franchise; provided, however, there shall not be more than
one evaluation session during any calendar year. At a
minimum, such evaluation sessions shall be conducted by the
City within thirty (30) days of the fifth (5th) and tenth
(lOth) anniversary dates of the acceptance of this
Franchise.
C. Topics which may be discussed at any evaluation and
session include, but are not limited to, channel capacity,
the System performance, programming, access, municipal uses
of cable, subscriber complaints, judicial rulings, FCC
rulings and any other topics the City or Grantee deem
relevant.
D. During an
cooperate with
information and
the evaluation.
evaluation session, Grantee shall fully
the City and shall provide without cost such
documents as the City may request to perform
E. If at any time during its evaluation, the City
determines that reasonable evidence exists of inadequate
System performance, the City may require Grantee to perform
tests and analysis directed toward such suspected
inadequacies at Grantee's expense. Grantee shall fully
cooperate with the City in performing such testing and any
report prepared by Grantee shall include at least:
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Page 29 - Ordinance No.
(1) A description of the problem in the System
performance which precipitated the special tests.
(2) The System component tested.
(3) The equipment used and procedures employed in
testing.
(4) The method, if any, by which such the System
performance problem was resolved.
(5) Any other information pertinent to said tests and
analysis which may be required by the City, or
determined when the test is performed.
If after receiving Grantee's report the City determines that
reasonable evidence still exists of inadequate System
performance, the City may enlist an independent engineer, at
Grantee's expense, to perform tests and analysis directed
toward such suspected inadequacies.
F. As a result of an Evaluation and Renegotiation
Session, the City or Grantee may determine that a change in
the terms of the Franchise may be required, that the System
or Franchise requirements should be updated, changed or that
additional services should be provided. If the change is
consistent with the terms of this Franchise, the needs of
the City and existing state-of-the-art (or due to
regulatory, technical, financial, marketing, inflation or
legal requirements) and implementation of a change would not
unreasonably add to the cost of providing cable television
services, Grantee and the City will, in good faith,
negotiate the terms of the change and any required amendment
to this Franchise. Upon adoption of such a Franchise
amendment, if one is required, the change will become
effective and Grantee shall accept the same. In the event
Grantee fails to negotiate a requested change of the City,
the City may enforce the procedures of this section by any
available remedy.
405.09 CONSUMER PROTECTION PROVISIONS.
l. Approval of Basic Service Rate Changes.
The initial rates and charges for Basic Service and Pay
Television are set forth in Exhibit D. The City reserves the
right to regulate rates for Basic Service, to the extent not
prohibited by federal or state law, through approval or
disapproval of a rate revision request after affording Grantee
due process. Grantee shall maintain on file with the City at all
411
Page 30 - Ordinance No.
times a current schedule of all rates and charges.
2. Non-Regulated Rates.
Prior to implementing any rate increase for Basic Service not
requiring the City approval, Grantee shall give the following
notice:
A. At least thirty (30) days advance written notice to the
City; and
B. At least thirty (30) days advance written notice to
subscribers of Basic Service.
3. Charges for Disconnection or powngrading of Service.
A. Grantee may impose a charge reasonably related to the
cost incurred for a downgrade of service, except that no
such charge may be imposed when:
(1) A subscriber requests total disconnection from
the System; or
(2) A subscriber requests the downgrade within a
thirty (30) day period following any rate increase
relative to the service in question.
B. If a subscriber requests disconnection from service
prior to the effective date of an increase in rates, the
subscriber shall not be charged the increased rate if
Grantee fails to disconnect service prior to the effective
date. Any subscriber who has paid in advance for the next
billing period and who requests disconnection from service
shall receive a prorated refund of any amounts paid zn
advance.
4. Subscriber Complaint Practices.
A. Grantee shall maintain an office within the City which
shall be open during all usual business hours. Grantee
shall have a publicly listed toll-free telephone number and
be so operated as to receive subscriber complaints and
requests on a twenty-four (24) hour-a-day, seven (7) days-a-
week basis. A written log available for the City inspection
shall be maintained listing all complaints and their
dispositions.
B. 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
-ia�J
Page 31 - Ordinance No.
periods of minimum use of the System. A written log
available for City inspection shall be maintained for all
service interruptions.
C. Grantee shall maintain adequate telephone lines and
personnel to respond in a timely manner to schedule service
calls and answer subscriber complaints or inquiries as
required by this Section 405.09(4). The hours of the
customer service department shall, at a minimum, be as set
forth in Exhibit G.
D. Subscriber requests for maintenance or repairs
received prior to 2:00 p.m., Monday through Friday, shall be
performed the same day.
E. Subscriber requests for maintenance or repairs
received after 2:00 p.m. shall be performed within twenty-
four (24) hours of the request.
F. Service calls for maintenance or repair shall be
performed at no charge; provided, however, if such
maintenance or repair is required as a result of damage
caused by the subscriber then Grantee may charge according
to its actual cost for time and material.
G. If Grantee fails to correct a service problem within
twenty-four (24) hours, Grantee shall credit 1/30th of the
monthly charge to the subscriber for each twenty-four (24)
hours or fraction thereof after the first twenty-four (24)
hours during which a subscriber is without service, except
to the extent that restoration of service is prevented by
strike, injunction or other cause beyond the control of
Grantee.
5. Subscriber Information.
Grantee shall provide written subscriber service information to
each subscriber at the time service is commenced. The
information shall include, but not be limited to, the following:
A. The procedure for investigation and resolution of
subscriber service complaints;
B. Programming services and rates for such services;
C. Billing practices as required by Section 405.09(6)
hereof;
D.
Service termination procedures;
E. Change in service procedures;
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Page 32 - Ordinance No.
F. Converter/subscriber terminal equipment policy;
G. Refund policy; and
H. The City office responsible for the administration and
enforcement of the Franchise with the address and telephone
number of that office.
Grantee shall provide a copy of the proposed subscriber service
information to the City for review and comment prior to the use
of such information.
6. Subscriber Billing Practices.
A. Grantee shall notify each of its subscribers, through
the written service information, of its billing practices.
The service information shall describe Grantee's billing
practices including, but not limited to, the following:
frequency of billing, time periods upon which billing is
based, advance billing practices, security deposit
requirements, charges for late payments or returned checks,
payments required necessary to avoid account delinquency,
availability of credits for service outages, procedures to
be followed to request for service deletions including the
notice period a subscriber must give to avoid liability for
such services and procedures to be followed in the event of
a billing dispute.
B. Grantee shall notify all affected subscribers not less
than thirty (30) days prior to any change in the billing
practices and such notice shall include a description of the
changed practice.
C. The subscriber bill shall contain the following
information presented in plain language and format:
(1) Name and address of Grantee;
(2) The period of time over which each chargeable
service is billed including prorated periods as a
result of the establishment and termination of service;
(3) The date on which individually chargeable
services were rendered;
(4) Each rate or charge levied;
(5) The amount of the bill for the current billing
period, separate from any balance due;
4LL
Page 33 - Ordinance No.
(6) Any applicable credits on the date which they
were applied;
(7) Grantee's telephone number and a statement that
the subscriber may call this number with any questions
or complaints about the bill; and
(8) The date on which payment is due from the
subscriber.
D. The account of a subscriber shall not be considered
delinquent until at least thirty (30) days have elapsed from
the due date of the bill, which shall be a date certain and
in no event a statement that the bill is due upon receipt,
and payment has not been received by Grantee. The following
provisions shall apply to the imposition of late charges on
subscribers:
(1) Grantee shall not impose a late charge on a
subscriber unless a subscriber is delinquent, Grantee
has given the subscriber written notice of the
delinquency in a clear and conspicuous manner, and the
subscriber has been given at least eight (8) business
days from the mailing of the notice to pay the balance
due.
(2) A charge of not more than Fifteen Dollars
($15.00) may be imposed as a one-time late charge.
(3) No late charge may be assessed on the amount of a
bill in dispute.
(4) Any
reasonably
processing
7. Rebate Policy.
charge f or returned checks shall be
related to the costs incurred by Grantee in
such checks.
Grantee shall provide to subscribers on or before October 1 of
each year a written notice advising the subscriber of Grantee's
rebate policy and credits for outages of service.
8. Annual Subscriber Survey.
A. Commencing in 1989, Grantee shall, no earlier than
ninety (90) days and no later than thirty (30) days prior to
submittinq the Annual Report required pursuant to Section
405.08(3) conduct a written survey of Fridley subscribers
in a form and manner approved by the City. Each
questionnaire shall be prepared and conducted in good faith
so as to provide reasonably reliable measures of Fridley
Page 34 - Ordinance No.
subscriber satisfaction with:
4MM
(1) Signal quality;
(2) Response to subscriber complaints;
(3) Billing practices;
(4) Programming services.
B. The survey shall be conducted in conformity with such
requirements, including supervision and review of returned
surveys, as the City may prescribe. Grantee may satisfy the
requirements of this Section 405.09(8) through a telephone
survey conducted by an independent person in the business of
regularly conducting telephone surveys.
C. As a part of each Annual Report, Grantee shall report
in writing what steps Grantee is taking to implement the
finds of the poll survey.
405.10. GENERAL FINANCIAL AND INSURANCE PROVISIONS.
1. Payment to City.
A. Grantee shal
five percent (5%)
payment shall be
public property.
1 pay to the City an annual amount equal to
of its Gross Revenues. The foregoing
compensation for use of streets and other
The amount is deemed fair and reasonable.
B. Payments due the City under this provision shall be
computed at the end of each quarter year for that quarter
year. Payments shall be due and payable for each quarter or
a portion of a quarter year on January 15, April 15, July 15
and October 15. 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 the City.
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 the City may have for further or
additional sums payable under the provisions of this
Franchise. All amounts paid shall be subject to audit and
recomputation by the City.
D. With each Annual Report required pursuant to Section
405.08(3) Grantee shall provide the City with a
certification of the Gross Revenues for the preceding year
prepared by an independent certified public accountant.
This certification shall be used to determine the exact
4NN
Page 35 - Ordinance No.
2.
amount of payments due the City and to correct any
overpayments or underpayments by Grantee.
E. In the event any payment is not made on the due date,
interest on the amount due shall accrue from such date at
the annual rate of one hundred twenty-five percent (125$)
of the lowest prime commercial lending rate established by
any bank in the City at the time the delinquency occurs.
Performance Bond.
A. At the time the Franchise is accepted, Grantee shall
furnish and file with the City a performance and payment
bond, or a performance and payment bond together with such
other security as is approved by the City. The bond shall
run to the City in the penal sum of Five Hundred Thousand
Dollars ($500,000.00). The bond shall be conditioned upon
the faithful performance of Grantee of all terms and
conditions of the System Upgrade. The rights reserved to
the City with respect to the bond or other security are in
addition to all other rights the City may have under the
Franchise or any other law.
B. Following the completion of the System Upgrade as
determined by the City in accordance with Section 405.07(C),
the requirement to maintain said bond referred to in (A)
above shall be extinguished.
C. The rights reserved by the City with respect to the
bond are in addition to all other rights the City may have
under the Franchise or any other law.
D. The bond shall be subject to the approval of the City
and shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not
be cancelled without the consent of the City until sixty
(60) days after receipt by the City by registered mail,
return receipt requested, of a written notice of intent to
cancel or not to renew."
3. Security Fund.
A. At the time this Franchise is accepted, Grantee shall
deposit into a bank account, established by the City, and
maintain on deposit through the term of this Franchise, the
sum of Ten Thousand Dollars ($10,000.00) as a common
security fund for the faithful performance by it oi all the
provisions of this Franchise and compliance with all orders,
permits and directions the City and the payment by Grantee
of any claim, liens and taxes due the City which arise by
' • •
Page 36 - Ordinance No.
reason of the construction, operation or maintenance of the
System. Interest accrued on this deposit shall be paid to
Grantee on an annual basis provided that all requirements of
this Franchise have been complied with by Grantee.
B. Provision shall be made to permit the City 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. The City reserves the right, in its sole
discretion, to reduce the required amount of the security
fund.
C. Within ten (10) days after notice to it that any
amount has been withdrawn by the City from the security fund
pursuant to (A) of this section, Grantee shall deposit a sum
of money sufficient to restore such security fund to the
required amount.
D. If Grantee fails to pay to the City any taxes due and
unpaid; or, fails to repay to the City, any damages, costs
or expenses which the City shall be compelled to pay by
reason of any act or default of the Grantee in connection
with this Franchise; or fails, after ten (10) days notice of
such failure by the City to comply with any provision of the
Franchise which the City reasonably determines can be
remedied by an expenditure of the security, the City may
then seek to withdraw such funds from the security fund.
4. Penalties from Security Fund.
In addition to any other remedies provided herein, penalties for
violations of this Franchise are set forth below. As a result of
any acts or omissions by Grantee pursuant to the Franchise, the
City may charge to and collect from the security fund the
following penalties:
A. For failure to complete the System Upgrade in
accordance with the Franchise unless the City approves the
delay, the penalty shall be Five Hundred Dollars ($500.00)
per day for each day, or part thereof, such failure occurs
or continues.
B. For failure to provide data, documents, reports or
information or to cooperate or participate with the City
during a renewal process or the System review, the penalty
shall be Three Hundred Dollars ($300.00) per day.
C. For failure to comply with any provision of this
Franchise, for which a penalty is not otherwise
specifically provided, the penalty shall be One Hundred
� • �
Page 37 - Ordinance No.
Dollars ($100.00) per day.
D. For failure to test, analyze and report on the
performance of the System following a request by the City
the penalty shall be Two Hundred Dollars ($200.00) per day.
E. For failure of Grantee to comply with the
construction, operation or maintenance standards, the
penalty shall be Two Hundred Dollars ($200.00) per day.
F. For failure to provide the services Grantee proposed,
the penalty shall be One Hundred Dollars ($100.00) per day.
G. For failure to comply with all conditions of the City
permits to disturb streets, repair streets, or other terms
or conditions of the City, the penalty shall be Two Hundred
Dollars ($200.00) per day.
5. Procedure for Imposition of Penalties.
A. Whenever the City finds that Grantee has allegedly
violated one (1) or more terms, conditions or provisions of
this Franchise, a written notice shall be given to Grantee.
The written notice shall describe in reasonable detail the
alleged violation so as to afford Grantee an opportunity to
remedy the violation. Grantee shall have ten (10) days
subsequent to receipt of the notice in which to correct the
violation before the City may resort to the security fund.
Grantee may, within five (5) days of receipt of notice,
notify the City that there is a dispute as to whether a
violation or failure has, in fact, occurred. Such notice by
Grantee to the City shall specify with particularity the
matters disputed by Grantee and shall stay the running of
the above-described time.
(1) The City shall hear Grantee's dispute at a
regularly or specially scheduled meeting. Grantee
shall have the right to subpoena and cross-examine
witnesses. The City shall determine if Grantee has
committed a violation and shall make written findings
of fact relative to its determination. If a violation
is found, Grantee may petition for reconsideration.
(2) If after hearing the dispute the claim is upheld
by the City, Grantee shall have ten (10) days from such
a determination to remedy the violation or failure. At
any time after that ten (10) day period, the City may
draw against the security fund all penalties due it.
B. The time for Grantee to correct any alleged violatiorr-
may be extended by the City if the necessary action to
� ' ��
Page 38 - Ordinance No.
correct the alleged violation is of such a nature or
character to require more than ten (10) days within which
to perform provided Grantee commences the corrective action
within the ten (10) day period and thereafter uses
reasonable diligence, as determined by the City, to correct
the violation.
C. The security fund deposited pursuant to this Section
shall become the property of the City 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 return of such security fund, or portion thereof, as
remains on deposit at the expiration of the term of the
Franchise.
D. The rights reserved to the City with respect to the
security fund are in addition to all other rights of the
City 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
the City may have.
E. The City shall stay or waive the imposition of any
penalties set forth above upon a finding that any failure or
delay is a result of an act of God or due ta circumstances
beyond the reasonable control of Grantee.
6. Damages and Defense.
A. Grantee shall indemnify, defend and hold harmless the
City for all damages and penalties, at all times during the
term of this Franchise, as a result of Grantee's exercise of
this Franchise. These damages and penalties shall include,
but shall not be limited to, damages arising out of personal
injury, property damage, copyright infringement, defamation,
antitrust, errors and omission, theft, fire, and all other
damages arising out of Grantee's exercise of this Franchise,
whether or not any act or omission complained of is
authorized, allowed or prohibited by this Franchise; such
indemnification shall include, but not be limited to,
reasonable attorney's fees and costs.
B. In order for the City to assert its rights to be
indemnified, defended, and held harmless, the City must:
(1) Promptly notify Grantee of any claim or legal
proceeding which gives rise to such right;
(2) Afford Grantee the opportunity to participate in
and fully control any compromise, settlement or other
resolution or disposition of such claim or proceeding;
Page 39 - Ordinance No.
unless, however, the City, in its sole discretion,
determines that its interests can not be represented in
good faith by Grantee; and
(3) Fully cooperate with the reasonable requests of
Grantee, at Grantee's expense, in its participation
in, and control, compromise, settlement or resolution
or other disposition of such claim or proceeding
subject to paragraph (2) above.
C. In the event the City, in its sole discretion,
determines that its interests can not be represented in good
faith by Grantee, Grantee shall pay all expenses incurred by
the City in defending itself with regard to all damages and
penalties mentioned in paragraph A above. These expenses
shall include all out-of-pocket expenses, such as attorney's
fees and costs.
7. Liability Insurance.
A. Grantee shall maintain, throughout the term of the
Franchise, liability insurance insuring Grantee and the City
with regard to all damages mentioned in paragraph A of
Section 405.10(6) hereof, in the minimum amounts of:
(1) Three Hundred Thousand Dollars ($300,000.00) for
bodily injury or death to any one (1) person;
(2) One Million Dollars ($1,000,000.00) for bodily
injury or death resulting from any one accident;
(3) One Million Dollars ($1,000,000.00) for all other
types of liability.
B. At the time of acceptance, Grantee shall furnish to the
City a certificate evidencing that a satisfactory insurance
policy has been obtained. Said certificate shall be
approved by the City and such insurance policy shall
require that the City be notified thirty (30) days prior to
any expiration or cancellation.
8. City's Right to Revoke.
In addition to all other rights which the City has pursuant to
law or equity, the City reserves the right to revoke, terminate
or cancel this Franchise, and all rights and privileges
pertaining thereto, in the event that:
A. Grantee substant�alZy violates any provision of this
Franchise; or
, ..
� i
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Page 40 - Ordinance No.
B. Grantee attempts to evade any of the provisions of the
Franchise; or
C. Grantee practices any fraud or deceit upon the City or
subscriber; or
D. Grantee becomes insolvent, unable or unwilling to pay
its debts, or is adjudged a bankrupt; or
E. Grantee materially misrepresents a fact in the
application for or negotiation of, or renegotiation of, or
renewal of, the Franchise.
9. Revocation Procedures.
In the event that the City determines that Grantee has violated
any provision of the Franchise, or any applicable federal, state
or local law, the City may make a written demand on Grantee that
it remedy such violation and that continued violation may be
cause for revocation. If the violation, breach, failure,
refusal, or neglect is not remedied to the satisfaction of the
City within thirty (30) days following such demand, the City
shall determine whether or not such violation, breach, failure,
refusal or neglect by Grantee is due to acts of God or other
causes which result from circumstances beyond Grantee's control.
A. A public hearing shall be held and Grantee shall be
provided with an opportunity to be heard upon fourteen (14)
days written notice to Grantee of the time and the place of
the hearing. The causes for pending revocation and the
reasons alleged to constitute such cause shall be recited in
the notice. Said notice shall affirmatively recite the
causes that need to be shown by the City to support a
revocation.
B. If notice is given and, at Grantee's option, after a
full public proceeding is held, the City determines there is
a violation, breach, failure, refusal, or neglect by
Grantee, the City shall direct Grantee to correct or remedy
the same within such additional time, in such manner and
upon such terms and conditions as City may direct.
C. If after a public hearing it is determined that
Grantee's performance of any of the terms, conditions,
obligations, or requirements of Franchise was prevented or
impaired due to any cause beyond its reasonable control or
not reasonably foreseeable, such inability to perform shall
be deemed to be excused and no penalties or sanctions shall
be imposed as a result thereof, provided Grantee has
notified City in writing within thirty (30) days of its
discovery of the occurrence of such an event. Such causes
4TT
Page 41 - Ordinance No.
beyond Grantee's reasonable control or not reasonably
foreseeable shall include, but shall not be limited to, acts
of God, civil emergencies and labor strikes.
D. If, after notice is given and, at Grantee's option, a
full public proceeding is held, the City determines there
was a violation, breach, failure, refusal or neglect, then
the City may declare, by resolution, the Franchise revoked
and cancelled and of no further force and effect unless
there is compliance within such period as City may fix, such
period not to be less that thirty (30) days, provided no
opportunity for compliance need be granted for fraud,
misrepresentation, or violation of privacy rights.
E. The issue of revocation shall automatically be placed
upon the City Council agenda at the expiration of the time
set by it for compliance. The City then may terminate
Franchise forthwith upon finding that Grantee has failed to
achieve compliance or may further extend the period, in its
discretion.
F. If the City, after notice is given and, at Grantee's
option, a full public proceeding is held and appeal is
exhausted, declares the Franchise breached, the parties may
pursue their remedies pursuant to Franchise or any other
remedy, legal or equitable.
405.11. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT.
l. Foreclosure.
Upon the foreclosure or other judicial sale of the System,
Grantee shall notify the City 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.
2. Receivership.
The City shall have the right to cancel this Franchise subject to
any applicable provisions of Minnesota law, including the
Bankruptcy Act, one hundred and 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
expiration of said one hundred and twenty (120) days, or unless:
A. Within one hundred and twenty (120) days after his
4UU
Page 42 - Ordinance No.
election or appointment, such receiver or trustee shall have
fully complied with all the provisions of this Franchise and
remedied all defaults thereunder; and
B. Such receiver or trustee, within said one hundred and
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.
3. Abandonment.
Grantee may not abandon any portion of the System thereof without
having first given three (3) months written notice to the City.
Grantee may not abandon any portion of the System without
compensating the City for damages resulting from the abandonment.
405.12 REMOVAL, TRANSFER AND PURCHASE.
1. Removal After Revocation or Expiration.
A. At the expiration of the term for which the Franchise
is granted, or upon its revocation, as provided for, the
City 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 the City. In so removing
the System, Grantee shall refill and compact at its own
expense, any excavation that shall be made and shall leave
all streets, public property and private 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 utility, cables wires or
attachments. The City, or its delegation, shall have the
right to inspect and approve the condition of such streets
and public property after removal. The security fund,
insurance, indemnity and penalty provision of the Franchise
shall remain in full force and effect during the entire term
of removal.
B. If, in the sole discretion of the City, Grantee has
failed to commence removal of the System, or such part
thereof as was designated within thirty (30) days after
written notice of the City's demand for removal is given, or
if Grantee has failed to complete such removal within one
(1) year after written notice of the City's demand for
removal is given, the City shall have the right to exercise
one of the following options:
(1) Declare all right, title and interest to the
System to be in the City or its delegator with all
rights of ownership including, but not limited to, the
4VV
Page 43 - Ordinance No.
right to operate the System or transfer the System to
another for operation by it; or
(2) Declare the System abandoned and cause the
System, or such part thereof as the City shall
designate, to be removed at no cost to the City. The
cost of said removal shall be recoverable from the
security fund, indemnity and penalty section provided
for in the Franchise, or from Grantee directly.
2. Sale or Transfer of Franchise.
A. This Franchise shall not be sold, assigned or
transferred, either in whole or in part, or leased or
sublet 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.
B. The provisions of this Section shall apply to the sale
or transfer of all or a majority of Grantee's assets,
merger (including any parent and its subsidiary
corporation), consolidation, creation of a subsidiary
corporation or sale or transfer of stock in Grantee so as to
create a new controlling interest. 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 shall make a
written request to the City for its approval of a sale
or transfer. The City shall then make a determination
pursuant to this Franchise as to the exercise of its
first right of refusal to purchase the System.
(2) The City 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
Grantee's subscribers.
(3) If a public hearing is deemed necessary pursuant
to (2) above, such hearing shall be commenced within
thirty (30) days of such determination and notice of
any such hearing shall be given fourteen (14j days
prior to the hearing by publishing notice thereof.
The notice shall contain the date, time and place of
the hearing and shall briefly state the substance of
the action to be considered by the City.
(4) Within thirty (30) days after the closing of the
4WW
Page 44 - Ordinance No.
public hearing, the City shall approve or deny in
writing the sale or transfer request.
(5) Within thirty (30) days of any transfer Grantee
shall f ile with the City 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.
C. In reviewing a request for sale or transfer pursuant to
paragraph (A) above, the City may inquire into the legal,
technical and financial qualifications of the prospective
controlling party, including the adequacy of the support for
local programming and Grantee shall assist the City in so
inquiring. The City may condition said transfer upon such
terms and conditions as it deems reasonably appropriate;
provided, however, the City shall not unreasonably withhold
its approval. In no event shall a transfer or assignment of
ownership or control be approved without the transferee
becoming a signator to this Franchise.
3. City's Right to Purchase System.
The City 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 a written offer which
has been accepted by Grantee subject to the City's rights under
this Franchise. The price to be paid by the City shall be the
bona fide offer including the same terms and conditions as the
bona fide offer. The City shall notify Grantee of its decision
to purchase within sixty (60) days of the City's receipt from
Grantee of a copy of written bona fide offer.
4. Purchase By City Upon Expiration or Revocation.
A. At the expiration of this Franchise, the City may, in
lawful manner and upon the payment of fair market value,
determined on the basis of the System valued as a going
concern exclusive of any value attributable to the Franchise
itself, lawfully obtain, purchase, condemn, acquire, take
over and hold the System.
B. Upon the revocation of this Franchise, the City may in
lawful manner and upon the payment of an equitable price
lawfully obtain, purchase, condemn, acquire, take over and
hold the System.
405.23. RIGHTS OF INDIVIDUALS PROTECTED.
1. Discriminatory Practices Prohibited.
4XX
Page 45 - Ordinance No.
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 comply at all times with all other
applicable, federal, state and the City laws, and all executive
and administrative orders relating to non-discrimination.
2. Subscriber Privacy.
A. No signal of a Class IV cable communications channel
may be transmitted from a subscriber terminal for purposes
of monitoring individual viewing patterns or practices
without the express written permission of the subscriber.
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 (1) 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 revocable at any time by the subscriber without
penalty of any kind whatsoever. Such permission shall be
required for each type or classification of Class IV cable
communications activity planned for the purpose of
monitoring individual viewing patterns or practices.
B. No information or data obtained by monitoring
transmission of a signal from a subscriber terminal, or any
other means, including but not limited to lists of the names
and addresses of such subscribers or any lists that identify
the viewing habits of subscribers shall be sold or otherwise
made available to any party other than to Grantee and its
employees for internal business use, and also to the
subscriber subject of that information, unless Grantee 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 conducting of the System wide or
individually addressed electronic sweeps for the purpose of
verifying the System integrity or monitoring for the purpose
of billing. Confidentiality of such information shall be
subject to the provision set forth in paragraph (B) of this
Section.
4YY
Page 46 - Ordinance No.
405.14. MISCELLANEOUS PROVISIONS.
1. Compliance with Laws.
Grantee and the City shall conform to all state laws and rules
regarding cable television not later than one year after they
become effective unless otherwise stated. Grantee and the City
shall conform to all state and federal laws and rules regarding
cable television as they become effective, unless otherwise
sta�ed. Grantee shall also conform with all the City ordinances,
resblutions, rules and regulations heretofore or hereafter
adopted or established during the entire term of the Franchise.
2. Franchise Renewal.
This Franchise may be renewed in accordance with applicable state
and federal law.
3. Continuity of Service Mandatory.
Upon expiration or the termination of this Franchise, the City
may require Grantee to continue to operate the System for an
extended period of time not to exceed six (6) months. Grantee
shall, as trustee for its successor in interest, continue to
operate the System under the terms and conditions of this
Franchise. In the event Grantee does not so operate the System,
the City may take such steps as it, in its sole discretion, deems
necessary to assure continued service to subscribers.
4. Work Performed by Others.
A. Grantee shall give notice to the City specifying the
names and addresses of any other entity, other than
Grantee, which performs services pursuant to this Franchise,
provided, however, that all provisions of this Franchise
shall remain the responsibility of Grantee, and Grantee
shall be responsible for and hold the City harmless for any
claims or liability arising out of work performed by persons
other than Grantee.
H. Al1 provisions of this Franchise shall apply to any
subcontractor or others performing any work or services
pursuant to the provisions of this Franchise.
5. Compliance with Federal, State and Local Laws.
A. If any federal or state law or regulation shall
require or permit Grantee to perform any service or act or
shall prohibit Grantee from performing any service or act
which may be in conflict with the terms of this Franchise,
then as soon as possible following knowledge thereof,
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Page 47 - Ordinance No.
Grantee shall notify the City of the point of conflict
believed to exist between such law or regulation.
B. If any term, condition or provision of this Franchise
or the application thereof to any person or circumstance
shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of
such term, condition or provision to persons or
circumstances other than those as to whom it shall be held
invalid or unenforceable shall not be affected thereby, and
this Franchise and all the terms, provisions and conditions
hereof shall, in all other respects, continue to be
effective and to be complied with. In the event that such
law, rule or regulation is subsequently repealed, rescinded,
amended or otherwise changed so that the provision which had
been held invalid or modified is no longer in conflict with
the law, rules and regulations then in effect, said
provision shall thereupon return to full force and effect
and shall thereafter be binding on Grantee and the City.
C. Notwithstanding anything to the contrary, in the event
that any court, agency, commission, legislative body or
other authority of competent jurisdiction (i) declares
Sections 405.06(7), 405.06(8) or 405.10(1) invalid, in whole
or in part, or (ii) requires Grantee either to (a) perfona
any act which is inconsistent with any of the said Sections
or (b) cease performing any act required by said Sections,
Grantee shall immediately notify the City. Such notice
shall state whether Grantee intends to exercise its rights
pursuant to such declaration or requirement. If the City
determines within six (6) months of receiving such notice
that said declaration or requirement has a material and
adverse effect on the Franchise, the City may declare the
franchise terminated.
6. Nonenforcement by City.
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 City or to enforce prompt compiiance.
7. Administration of Franchise.
A. The City shall have continuing regulatory jurisdiction
and supervision over the System and the Grantee's operation
under the Franchise. The City may issue such reasonable
rules and regulations concerning the construction, operation
and maintenance of the System as are consistent with the
provisions of the Franchise.
B. Grantee shall construct, operate and maintain the
. . � .
Page 48 - Ordinance No.
System subject to the supervision of all the authorities of
the City who have jurisdiction in such matters and in
strict compliance with all laws, ordinances, departmental
rules and regulations affecting the System.
C. The System and all parts thereof shall be subject to
the right of periodic inspection by the City provided that
such inspection shall not interfere with the operation of
the System and such inspections take place during normal
business hours.
8. Cable Television Advisory Commission.
The City may provide for an ongoing cable television advisory
commission. The specific nature and composition of the
commission shall be determined by the City.
9. Miscellaneous Violations.
A. From and after the acceptance of the Franchise, it
shall be unlawful, for any person to establish, operate or
to carry on the business of distributing to any persons in
the City any television signals or radio signals by means of
a System using public right of ways unless a Franchise
therefor has first been obtained pursuant to the provisions
of an ordinance, and unless such Franchise is in full force
and effect.
B. From and after the acceptance of the Franchise, it
shall be unlawful for any person to construct, install or
maintain within any street in the City, or within any other
public property of the City, or within any privately owned
area within the City which has not yet become a public
street but is designated or delineated as a proposed pubZic
street on any tentative subdivision map approved by the
City, or the City's official map or the City's major
thoroughfare plan, any equipment or facilities for
distributing any television signals or radio signals through
a System, unless a franchise authorizing such use of such
street or property or areas has first been obtained.
10. Emergency Use.
In the case of any emergency or disaster, Grantee
request of the City, make available its System
facilities to the City for emergency use during the
disaster period.
11. Construction.
shall, upon
and related
emergency or
This Franchise shall be construed and enforced in accordance with
/ � � ��
Page 49 - Ordinance No.
the substantive laws of the State of Minnesota and without
reference to its principals of conflicts of law.
12. Captions.
The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in
any way the meaning of interpretation of this Franchise.
13. Calculation of Time.
Where the performance or doing of any act, duty, matter, payment
or thing is required hereunder and the period of time or duration
for the performance or during thereof is prescribed and fixed
herein, the time shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period or
duration of time. When the last day of the period falls on
Saturday, Sunday or a legal holiday, that day shall be omitted
from the computation.
405.15. EFFECTIVE DATE; PUBLICATION; AND TIME OF ACCEPTANCE.
1. Publication; Effective Date.
This Franchise shall be signed by the Mayor or
attested by the City Clerk. The Franchise shall
accordance with the requirements of the City
effect upon acceptance by Grantee.
2. Time of Acceptance and Exhibits.
acting Mayor and
be published in
and shall take
A. Grantee shall have thirty (30) days from the date of
adoption of this Franchise to accept this Franchise in form
and substance acceptable to the City. Such acceptance by
Grantee shall be deemed the grant of this Franchise for all
purposes. In the event acceptance does not take place
within thirty (30) days or such other time as the City might
allow, this Franchise shall be null and void.
B. Upon acceptance of this Franchise, Grantee shall be
bound by all the terms and conditions contained herein.
Grantee shall provide all services and offerings
specifically set forth herein to provide cable television
services within the City.
C. With its acceptance, Grantee also shall deliver to the
City a certified resolution of Grantee evidencing its power
and authority to accept the Franchise. Such documents
shall also describe the officers authorized to accept on
behalf of Grantee. -
4CCC
Page 50 - Ordinance No.
D. With its acceptance, Grantee shall also pay all costs
and expenses incurred by the City in connection with the
renewal process. The City shall provide an itemized
statement to Grantee. Costs or expenses of the City not
identified at that time shall be paid promptly by Grantee
upon receipt of an itemized statement from the City. It is
the intent of the City and Grantee that the City be
reimbursed for all costs and expenses in connection with the
granting of the Franchise including any subsequent expenses
due to delays or litigation pertaining to the grant of the
Franchise.
E. With its acceptance, Grantee shall also deliver any
security deposit, insurance certificates performance bonds
and access capital grants required herein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1988.
ATTEST:
By
Shirley A. Haapala
City Clerk
Public Hearing:
First Reading:
Second Reading:
Publish:
By
William J. Nee
Mayor
� � � �
EXHIBIT A
DESCRIPTION OF SYSTEM IIPGRADE
A. The System Upgrade shall consist of the following:
1. Expanding the System to a minimum of 440 I�iz.
2. Overlashing existing distribution cable with new cable
and installing all new electronics.
3. Replacing all underground trunk and distribution cable
� and installing all new electronics.
4. Changing out existing trunk stations and replacing with
new trunk amplifiers.
5. Upgrading the headend with new modulators and
processors as required for additional channels.
6. Activating full one-way addressability throughout the
System. OR fPre���a��ree}-f�r��-eree�ap�-ad�res�ab���t�*
�1°tl'Ct2C!�'�lALi� -��'!C -S�g�Cl�t r}
6 or 7. The headend shall continue to be located at 350
63rd Avenue Northeast.
1 of 1
4EEE
EXHIBIT B
TECHNICAL STANDARDS FOR SUBSCRIBER
AND INSTITUTIONAL NETWORR
A. The following technical standards apply to the System (both
subscriber network and institutional network) performance as
measured at any subscriber, or equivalent, terminal with a
matched termination and to each of the cable telavision channels,
which signals are delivered to such terminals. Such measurements
shall include the receiver converter if such is required at the
customer's receiver for any of the channels of required carriage.
l. The frequency boundaries of cable television channels
delivered to subscriber terminals shall conform to those set
forth in FCC Rules in effect October l, 1985, Section 73.603
(a) .
2. The frequency of the visual carriers shall be
maintained 1.25 MHz ± 25 kHz above the lower boundary of the
cable television channel, up to the receiving terminals,
exclusive of any receiver attachments, such as channel
converters, except for the local VHF channels, which shall
be carried "on channel".
3. The frequency of the aural carrier shall be 4.5 ± 1
above the frequency of the visual carrier, except where
monochrome signal origination occurs within the System,
under which conditions, the tolerance shall be ± 5 kHz.
color local origination channels shall have aural-visual
separation of ± 1 kHz from 4.5 MHz.
kHz
All
B. The visual signal level on each channel shall be maintained
within the following limits over the entire ambient temperature
range of -30 degrees Fahrenheit to +110 degrees Fahrenheit:
1. The visual signal level on each channel shall not vary
more than 5 dB during any 24 hour period.
2. The visual signal level of any channel shall not vary
more than 2 dB from an adjacent channel.
3. The visual signal level of any channel shall not vary
more than 6 dB, from any other channel on the System with
tilt correction.
C. The audio signal
consistent level until
arrived at in a timely
Franchise.
on each channel shall be maintained at a
such time as a specific measurement can be
manner following the acceptance of the
1 of 3
4FFF
D. The rms voltage of the aural signal shall be maintained
between 13 and 17 dB below the associated visual signal level.
E. The peak-to-peak variation in visual signal level caused by
undesired low frequency disturbances (hum or repetitive
transients) generated within the System or by inadequate low
frequency response shall not exceed 2� of the visual signal
level.
F. The visual signal level at the picture carrier frequency on
each channel shall not be less than 0 dbmv, nor more than +14
dbmv as measured across a 75 ohms terminating impedance, at the
subscriber's television set terminals.
G. The ratio or visual signal level to system noise and of
visual signal 1.eve1 to any undesired co-channel television signal
operating on a proper offset assignment shall not be less than 43
dB. This requirement is applicable only to:
1. Each signal which is carried by the System serving
subscribers within the Grade B contour for that signal, or
2. Each signal which is first picked up within its Grade B
contour,
3. Any local origination channel,
4. Any satellite programming.
H. The ratio of visual signal level to the rms amplitude of all
coherent disturbances, such as intermodulation products, co-
channel television signals, or discrete-frequency interfering
signals, shall not be less than 54 dB for carriage of all signals
picked up within Grade A contour. Not operating on proper offset
assignments shall not be less than 46 dB.
I. The terminal isolation provided each subscriber shall not be
less than 25 dB, except that the isolation between separate
television and FM broadcast terminals for the same subscriber
shall not be less than 15 dB.
J. Radiation from the System shall be limited to applicable FCC
Rules, Regulations and Specifications.
K. System cross-modulation as measured at all network
frequencies from the network input to any subscriber terminal
shall be at least 53 dB below the normal transmission level
L. Subscriber installation shall conform where applicable to
current relevant provisions of the National Electric Code,
current edition, or any other applicable codes.
2 of 3
4GGG
M. The System shall be designed and maintained so as to be
capable of operating over an ambient temperature range of -30
degrees Fahrenheit to +110 degrees Fahrenheit without
catastrophic failure or irreversible performance changes over
variations in supply voltages from 105 to 130 VAC.
N. The maximum composite triple beat shall be -53 dB, as
measured with a Hewlett Packard model 8558B spectrum analyzer or
equivalent. This specification is based on measurement of any
channel with all other channels activated at the headend.
O. The maximum second order distortion shall be -62 dB.
P. The maximum third order distortion shall be -65 dB.
Q. The maximum system bandpass response shall conform to the
formula N/10 +2 dB (where N equals the number of amplifiers in
Cascade).
R. AGC/ASC forward every second trunk amplifier. Maximum of 57
dB of cable to feeder terminator from last trunk AGC/ASC.
S. Notwithstanding anything to the contrary, Grantee shall at
all times comply with all federal or state standards, codes or
guidelines.
3 of 3
4HHH
EXHIBIT C
ACCESS C'HANNEL CARRIAGE REQIIIRII�NTS
A. Prior to the completion of the System Upgrade, the access
services shall be carried in accordance with the following:
Access Service Channel Location
1. Public Access 33
2. Educational Access 32
3. Governmental Access 31
4. Library Access 34
B. Any realignment of any access service(s) shall require the
prior approval of the City; provided, however, if the City does
not object within sixty (60) days of a written request for an
access service realignment submitted in writing by Grantee the
City shall be deemed to have consented.
C. Notwithstanding anything to the contrary, no consent shall
be required of the City when a realignment of one or more access
services is required by federal or state law in order for
Grantee to carry a service on one of those channels previously
designated for access service.
1 of 1
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4 Large Fresnels
1 E1lipsoidal.
6 Pantographs � •
� 14 ft, ladder 12 ft, ladder
11 20anp extension cords
curtains
0
16 of 16
�
22'
0
4XXX
�
4YYY
EXHIBIT E
LOCAL ORIGINATION EQUIPMENT
AVAILABLE FOR PIIBLIC ACCESS IISE
LOCAL ORIGINATION EQIIIPMENT INVENTORY 1/7/88
THE LOCAL ORIGINATION STUDIO/CONTROL ROOM IS AVAILABLE FOR ACCW
USE WHEN:
- NEITHER THE STUDIO OR CONTROL ROOM IS IN USE BY NORTEL.
- ARRANGEMENTS ARE MADE PRIOR TO THE DAY OF PRODUCTION.
- USE OF STUDIO AND CONTROL ROOM "B" IS SUPERVISED BY ACCW
STAFF FROM START TO END OF RESERVED TIME.
- THE EQUIPMENT DOES NOT LEAVE STUDIO AND CONTROL ROOM "B".
LOCAL ORIGINATION PRODUCTION EQUIPMENT, DESIGNED FOR USE IN
STUDIO/CONTROL ROOM "B" IS AVAILABLE FOR ACCW USE IN CONTROL
ROOM/STUDIO "A" UNDER THE FOLLOWING CONDITIONS:
- THE EQUIPMENT IS REQUESTED BY ACCW STAFF.
- THE EQUIPMENT IS FOR TEMPORARY REPLACEMENT OF STUDIO/CONTROL
ROOM "A" EQUIPMENT WHICH IS OUT FOR REPAIR OR WAITING FOR
REPAIR; OR
- THE EQUIPMENT IS FOR USE IN A PRODUCTION PRODUCED BY ACCW
STAFF, MUNICIPAL CHANNEL STAFF, OR EDUCATIONAL ACCESS STAFF.
- THE EQUIPMENT IS INSTALLED BY NORTEL STAFF.
- THE EQUIPMENT IS NOT IN USE, NOR WOULD IT CONFLICT WITH A
SCHEDULED USE BY NORTEL STAFF.
- '1'HE EQUIPMENT DOES NOT LEAVE STUDIO/CONTROL ROOM "A".
THE LOCAL ORIGINATION 3/4" EDITING SYSTEM WHEN NOT IN USE, OR
SCHEDULED FOR USE IS AVAILABLE FOR ACCW STAFF USE, UNDER THE
FOLLOWING CONDITIONS:
- ACCW STAFF USE REQUEST IS MADE PRIOR TO THE DAY REQUES�ED.
- ACCW STAFF WILL BE THE ONLY NON-NORTEL PEOPLE PRESENT DURING
USE AND ACCW STAFF WILL NOT LEAVE THE EQUIPMENT UNATTENDED
IN AN UNLOCKED AREA.
- THE EQUIPMENT DOES NOT LEAVE STUDIO "B".
1 of 5
�
_ _
4zu
NORTEL PRODUCTION EQUIPMENT, LISTED AS CURRENTLY NOT IN USE, IS
AVAILABLE TO ACCW USE UNDER THE FOLLOWING CONDITIONS:
- THE REQUEST FOR USE IS MADE BY ACCW STAFF.
- THE EQUIPMENT IS USED FOR TEMPORARY REPLACEMENT OF STUDIO
PRODUCTION EQUIPMENT GONE FOR REPAIR OR UNDER REPAIR.
- THE EQUIPMENT DOES NOT LEAVE THE BUILDING.
2 of 5
STUDIO "B" PRODUCTION EQUIPMENT IN CONTROL ROOM
BRAND M N S N
PANASONIC
PANASONIC
SHliRE
PANASONIC
VAC
CONRAC
SONY
SONY
SONY
SONY
SONY
SONY
WINSTEAD
WINSTEAD
PANASONIC
SONY
CONRAC
TEKTRONIX
KNOX
SONY
SONY
SONY
SONY
SONY
SONY
SONY
ITEM
WJ5500B SEG
WV5200BU TRIPLE B/W MONITOR
M267 4 CHL AUDIO MIXER -
NV8500 VHS EDITOR
INTERCOM SYSTEM
ENA9 DOUBLE B&W MONITORS
CAMERA CONTROL UNIT
CAMERA CONTROL UNIT
CAMERA CONTROL UNIT
CMA7 CAMERA POWER SUPPLY
CMA7 CAMERA POWER SUPPLY
CMA7 CAMERA POWER SUPPLY
22" EQUIPMENT RACK
22" EQUIPMENT RACK
VN4130 B/W RCVR/MONITOR
CVM1250 RCVR/MONITOR
ENA9 B/W MONITOR
528 WAVEFORM MONITOR
K128 CHAR. GEN.
ECM16T TIE TAC OMNI MIC
ECM16T TIE TAC OMNI MIC
ECM16T TIE TAC ONIIJI MIC
ECM16T TIE TAC OMNI MIC
ECM44B ELECTRET CONDENSER MIC
ECM44B ELECTRET CONDENSER MIC
ECM44B ELECTRET CONDENSER MIC
STUDIO "B" PRODUCTION E4UIPMENT IN STUDIO
BRAND
SONY
SONY
SONY
QUICKSET
QUICKSET
QIIICKSET
QUICKSET
QUICKSET
CENTURY
CENTURY
CENTURY
CENTURY
CENTURY
CENTURY
CENTURY
CENTURY
M N SL
DXC1800
DXC1800
DXC1800
4-72852-3
4-72852-3
SAMSON 7301
SAMSON 7301
HUSKY
ITEM
COLOR CAMERA 4"
COLOR CAMERA 4"
COLOR CAMERA 1"
TRIPOD HEAD
TRIPOD HEAD
TRIPOD W/DOLLY
TRIPOD W/DOLLY
TRIPOD/HEAD/DOLLY
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
SMALL FRESNEL LIGHT
3 of 5
I � � 1 �
�_
NOTE
NOTE
VF lOxl LENS
VF lOxl LENS
VF 6x1 LENS
...���
CENTURY
CENTURY
CENTURY
CENTURY
CENTURY
ALLEN-TEL
TELEX
ELECTRO VOICE
ELECTRO VOICE
ELECTRO.VOICE
ELECTRO VOICE
SHURE
REALISTIC
ELECTRO VOICE
�
635A
635A
635A
635A
579SB
S N
ITEM
SMALL SCOOP LIGHT
SMALL SCOOP LIGHT
SMALL SCOOP LIGHT
SMALL SCOOP LIGHT
PANTOGRAPH
BLUE CURTAIN 25'x10'
12' WOODEN STEP LADDER
INTERCOM HEADSETS
INTERCOM HEADSETS
HANDHELD OMNI MIC
HANDHELD OMNI MIC
HANDHELD OMNI MIC
HANDH :LD OMNI MIC
HANDHELD OMNI MIC
TIE TAC OMNI MIC
LAVELIERE OMNI MIC
, - - - -
NOTE
NORTEL PRODUCTION E UIPMENT CURRENTLY NOT IN USE STORED ON STUDIO "B"
SHELVES
: i• �
SWITCHCRAFT
SWITCHCRAFT
SWITCHCRAFT
SWITCHCRAFT
SWITCHCRAFT
SWITCHCRAFT
TEKTRONIX
PANASONIC
JVC
McMARTIN
SONY �
SONY
BEI
REALISTIC
SHURE
PANASONIC
AUDIOMAX
AUDIOMAX
PANASONIC
PANASONIC
PANASONIC
PANASONIC
SIGMA
SIGMA
BALL/MIRATEL
SHURE
ATLAS
1N S N
528
NV1960
KDV33
ACCU-FIVE
V02800
V02860
CG410
M267
WJ4600
4440A
4000A
WV3700
WV3700
WV3700
WV3700
VDA-100A
VDA-100A
ITEM NOTE
26x2 FATCHBAY
26x2 PATCHBAY
26x2 PATCHBAY
14 PURPLE VIDEO CABLES FOR ABOVE
3 BLACK VIDEO CABLES FOR ABOVE
8 AUDIO CABLES FOR ABOVE
WAVEFORM MONITOR
EDIT CONTROLLER
AUDIO CASSETTE DECK
AUDIO MIXER
3/4" VCR
3/4" VCR
CHARACTER GENERATOR
TIMER
AUDIO MIXER
SEG
AUDIO COMPRESSOR
AUDIO LIMITER
COLOR CAMERA 6x1 LENS, POWER SUPPLY
COLOR CAMERA 6x1 LENS, POWER SUPPLY
COLOR CAMERA 6x1 LENS, POWER SUPPLY
COLOR CAMERA 6x1 LENS, POWER SUPPLY
VIDEO DA 1 IN/6 OUT
VIDEO DA 1 IN/6 OUT
B/W 9" MONITOR
DESKTOP MIC STAND
DESKTOP MIC STAND
4 of 5
BRAND
ATLAS
ATLAS
DYNAIR
DYNAIR
DYNAIR
AREOVOX
M N
710
S N ITEM
FLOOR MIC STAND
FLOOR MIC STAND
AUDIO PRE-AMP
3x V/A PASSIVE SWITCHER
6x V/A PASSIVE SWITCHER
BULK ERASER
4CCCC
NOTE
NORTEL PRODUCTION E4UIPMENT CURRENTLY NOT IN USE STORED ELSEWHERE
IN ACCW EQUIPMENT ROOM:
BRAND � � S N ITEM NOTE
RyAN AUDIO DA: 2 IN/8 OUT
IN ACCW EDIT ROOM:
BRAND M,L
RAPID-Q
RAPID-Q
S N ITEM NOTE
AUDIO CART RECORD MACHINE
AUDIO CART PLAY MACHINE
IN CONTROL ROOM "A" CABLECAST AREA:
BRAND ML S N ITEM NOTE
DYNAIR PS1053D 8 OF 12 CH. 4 OUTPUTS @
DYNAIR VS153A SEG
5 of 5
EXiiIBIT F
INITIAL RATES AND CHARGES
The initial rates for Basic and Pay Television Services are as
follows:
*
*
Basic Service:
Pay Television
Service:
� � � � �
$11.03 per month (plus state sales tax
and federal copyright fee)
Home Box Office
Showtime
The Movie Channel
The Disney Channel
$12.00/month
(plus tax)
$11.00/month
(plus tax)
$11.00/month
(plus tax)
$10.00/month
(plus tax)
A$2.00 monthly discount is given to all customers with two
or more pay television services.
The monthly price of the remote control is reduced to
$2.95/month for customers with two or more pay television
services.
1 of 1
4EEEE
EXHIBIT G
CUSTOMER SERVICE DEPAR7.'MENT HOURS
A. Dispatch Department
8:00 a.m. - 5:00 p.m. - Monday
8:00 a.m. - 7:00 p.m. - Tuesday through Friday
8:00 a.m. - 5:00 p.m. - Saturday
B. Customer Service Department
8:00 a.m. - 7:00 p.m. - Monday through Thursday
8:00 a.m. - 6:00 p.m. - Friday
C. walk-in Hours
8:00 a.m. - 5:00 p.m. - Monday through Friday
D. A drop slot will be available for after hours payment.
E. Repairs will be done, at a minimum, Monday through Friday -
8:00 a.m. - 8:00 p.m. and on Saturday - 8:00 a.m. - 5:00
p.m.
1 of 1
«M r • y: � �1
. , i. � •�,.i,. • . �1�1}I �_ • � •
.•
+- :-, , • - -
? �� • �1 �� yl �
Chairperson Betzold called the April 6, 1988, Planning C�nmission meeting to
order at 7: 32 p�. m ,
gor.� c1�:
Mgnbers Present: no�a s��o�a, David Kondrick, Dean Saba,
Sue Sherek, Richard Svanda, Alex Barna
Nfembers Absent: None
Ot�ers Present: Jim Robinson, Pla¢uiing Coordinator
Jock Robertson, Camunity Developnerit Director
Teresa Gibson, 1255 - 66th Ave. DL E.
APPj��ryi, OF NLA� 9. 7�88� PLAI�NTI� �I�SION MII�LTI'F�:
�� by Mr. Itondrick, se�nded by Mr. Saba, to apprwe the March 9, 1988,
Planning Canmission minutes as written
iJPOlV A VOIGE VOTE, ALL VOPII� AYE, Q�AIRPERSCN BETZCGD DE(3�ARED THE NATION
C�RRIED UNANINYJUSLY.
1. COI�fi?��RATIOh O A Lrn' c�T T'r L. S�88-02. BY TERESA JQiIN GI�N:
To spl it the west 13 feet af Lot 30 (except the weste rly 120 feet ),
Brookview Additicn, the sa�►e being 1255 - 66th Avenue N. F..
Mr. Robinson stated the petitioner wants to split off 13 feet of the
neic�bor's property (which accesses onto Channel Road), adding it to the
petitia�er's property in orc3er to allaw for boat storage along the side of
the garage and also to expand the existing driveway. This was a simple lot
�plit and staff had no problems with the request. However, staff was
re�ommending two stipulations:
1. �e 13 feet to be vombined with the Gi�son paroel at the time
the Iat spl it is reaorded.
2. Any widening of the driveway opening w�ould require a permit
f ran the City �gineering Dept.
Mr. Robinson stated that both the Gibson lot and the neighboring lot were
suff icient in size so the paroel being diminished would still be more than
ample in size.
rLs. Gibson asked if she oould widen the driveway to the curb opening, but
r�ot widen the curb opening itself. -
Mr. Fobinson stated paving up to the street without a full curb opening made
it appear that there was a full driveway opening when there was not. The
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. ��►� �. �� � . �i� vl:�+�l
petiticner �uld also wi.clen the driveway to the houlevard aryd then taper it
to the street.
Mr. Kondrick stated it would certainly look nicer if the curb opening was
wic',ened to match the widened driveway.
t�Qi� by Mr. Kondrick, sev�nded by Mr. Saba, to reoarmend to City Council
apprwal o� lot sp�l it request, L. S�88-02, to spl it the west 13 feet o� Lot
30 (except the westerly 120 feet), Brookview Additian, the
66th Avenue N. E. , with the fallowing stipulations:
1. The 13 feet to be vo�nbined with the Git�son paroel
time the lat spl it is reaorded.
2. Any widening of the driveway opening would require
. f ram the City Engireering Dept.
same being 1255 -
at the
a permit
UP�1N A VOICE VU1'E, ALL VOPII� AYE, Q3AIRPERSCN BErZCGD DECT�ARED T8E DpTION
CARitIED UNANINX�I3,Y.
�,� � �1; � • � • ; �►/ • � N y•i ^� et� �.;�� ��; � r M, : �4 : \� : ti ; N
,I • Y�'���►� : ; : �� ;� : h�+
Mr. Robinson stated the Planning Commission had discussed the subject of
temporary signage restrictions at their Jan. 27th meeting. H�e stated that
at this meeting, the Commissioners had reoeived a revision to the Sign
Ordinanoe to restrict the use of temporary or portable sicpls. Staff was
proposing they change the ordinanoe to be sensitive to multi-tenant
buildings and to change the period of time the siyn can be out on the
property. Presently, the Code states a sigz can be on the property for 10
days, up to 3 times a year, as long as the times are ronconsecutive. That
is per business and is not sensitive to the fact that there are multi�tenant
buildings. So, they oould have multi- tenant bui.ldinc� with a sign on the
property year-arou�d. �e City has had that problem in the past.
Mr. Robinson stated the revision would allaa for 14 day periods,
more in �nformanoe with the way the sic,�s are rented which is
They would say that the number of businesses would dictate the
times per year a busiress can have a portable sicg�. In addition,
never be more than one per time per tax garoel/developnent.
which is
monthly.
number of
it would
r]r. Robinson stated the Cam�ssioners had also reaeived at the meeting a list
of all the multi-tenant businesses in the City of Fridley prepared by Kathy
Castle, Planning Assistant. On the right hand side of the 1 ist was the
ra�:imun n�nber of days per year that there would be portable sicpzs in any
one develo�ment. The maximun was 70 days for the larger shopping centers
such as Holly Shopping Center and Skywood Shopping Center.
Mr. Robinson stated sane other oomponents of what was being proposed was
that the burden of the management cf the sic�s would be the responsibil ity
of the property o�wryer or its desic�ated agerit � manager. The location of
the signs would be the same as other sic�s--10 ft. fran the prcyperty line or
c.riv�ray so there would be rn protxlens with traffic safety.
-2-
5A
• f ���' �. �•V V •,\ Vfl/`V�y 1. • �\
�
Mr. Robinson stated the City would require a SZ00 deposit which would be a
certif ied check or money order before a permit would be issued f or a
temporary sig�. That SZUO would only be refLnc3ed if the sigz was renared on
the very next business day after the permit expired. So, if the permit
expired on a Friday, there would be some grace period over the weekend
because they w�uld not e�ect a business to renave the sigi ori the 14th day
of the permit.
Mr. Robinson stated that in addition to the S 200 deposi t, in r ev iew ing the
Code, they fand tYaey will be able to charge a permit fee. There was some
discussiai as to whether a t�nporary sign should require a permit fee, but
the way it was written in the Code, they will be allowed to charge a S24
f ee.
Mr. Robertson stated that after the March 28, 1988, City Council meeting
wt�n a re�vised Comprehensive Sign Plan was considered for the Riverboat
Plaza Shopping Center, he had told the City Council that the Planning
Com�nissivn would be vonsidering sane draft changes to the Sic� Ordinance.
He had g�tten sane mixed reactions f ran the City Council members. Sane
r:enbers said that as far as they were v�noerned, temporary sigis were a big
adninistrative burden and that the Planning Commission should consider
banning temporary sig►s altogether. Ch the other hand, it was noted that
onoe the ordinanoe was drafted, maybe they oould check with the Chamber of
Camieroe and get the C%anber's reaction to the propo9ed ordinanoe change.
Mr. Betzold stated he agreed with Mr. Robertson that there is some def inite
sentimerit cn the part c� the City Comcil to ban temporary signs entirely.
Mr. Betzold stated the �200 deposit would be refunded ahen the sign is
ranaved "� the next business day". Should they say '�y the next business
day "?
Mr. Fobertson stated maybe they should say "� the end of the 1 ast day of
the permit". �at way, they eliminate the businesses arranging to rent a
sig► so the permit ends on Friday or Saturday, giv ing them the weekend
before the sigt has to oome d�wn.
Mr. Robinson stated then it beoanes a policing prolalen. If the permit ends
on a Friday, the business will want the sicp up that wtiale day, and if they
cannot arrange to have the sic� oo�rtractor pick it up at the end of the day,
what will the business d� with the sigi?
Mr. 9vanda stated the sic� aould be maved elsewhere on the property so it is
not sitting out in f ront af the business.
Mr. Betzold stated the permit should specifically say when the permit
expires, and then the sig► should not be visible after tha�
Mr. Robinson stated they o�uld say that the sic� has to be gone by noon of
the next day.
r'.s. Sherek stated then they nn into the problen of having a business having
-3-
r�� ,.
i�\� \. �� v V� �\ V J�d1V � i i\
the sigz up f or more than 15 days.
Mr. Robinson stated city staff will rot be going out on Saturday or Sunday
to see if a sigl is in vialaion. He thought it would be much better to say
"by noon of the next txisiress day".
Mr. Barna stated the permit application li.sts: Balloon, Forta-panel, and
Other. Was there a def inition for "Other "?
Mr. Robinson stated there was rwt.
Mr. Barna stated he felt they oould run into some problens with "Other".
What about a business van/truck with the business loc� painted on it? Then,
often a business will hang a banner on the van/truck and park it in front of
the business to advertise some kir�d of sale or special. The banner on the
van/truck was rat a proialen;, but with the banner, the sigi on the van/truck
tec�nicall then beoomes a porta-ganel sic� which requires a permit.
Mr. Barna stated he felt the definitions were the biggest problem in the
draf t ordinanoe. Zhey need def initions that will stand up in oourt.
Mr. Robinson stated staff would look at the def initions and see if they
oould be tighter�ed up a little bit.
�QN by Mr. Saba, seoonded by Mr. 9vanda, to approve and forward to the
City Co�.ncil the revision to the Sig1 Ordinance, Qzapter 214, to restrict
the use of temporary/portable signs, with the amendment to Section
214.11.6.D. (seoond sentenoe) to read: "Said deposit will be refuncied only
if sic}� is renwed �; noa*+ of the next business dav after the permit period
e�.pires. "
UPaN A VOICE VOI'E, ALL VOrII� AYE, Q3AIRPERS(N BEi'ZCLD DECZRRED THE I��TION
(�RFZIED UI�1Il�DtJSLY.
��. I �=.; : : ' ' . �. �. : �� �1/ • :u �� / . � ; Yy u �.il�►`�
�QN by Mr. icondrick, seo�nded by Mr. Saba, to reoeive the Feb. 11, 1988,
Housing & Redevelognent Authority min�es.
UFON A VOICE VUPE, AL�L VOrII� AYE, �iAIIZPSRSQJ BEIZQ.D DECLARID THE r10TI0N
((��RIED UNANIM7USLY.
� ; �M L �: ; r; ; ti� a, . �. �. : �� �►I • :� �� : /Y..� : Y u� �1 �.
� �. �
��Q� by Mr. Kondrick, seconded by Mr. S�anda, to receive the Feb. 25,
1988, Special Housing & Redevelopnerit Authority meeting minutes.
IJi�()N A VOICE VOI'E, AtS. V(7TIl� AYE, QiAtRPER.SQJ BE�ZCLD DECLARED THE AlOTION
C�IRRIED UNAN7M)(J3,Y.
� :y � � : :,«. .t � : � ; `�.1;,« •� ��� • � ,��liJ�
,4-
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� :,�,� ,. ••,,.i 'f •;, „i;��M , .:;
�Q� by Ms. Sherek, seconaed by Mr. Barna, to receive the March 3, 1988,
Einan Resouroes Carmission minutes.
UPON A VOICE VOTE, ALL VC1t'II� AYE, Q�AIRPF'�RSCN BE'PZCLD DE(I,ARID THE I�TION
C�2itIED UI�lNIM)[JSY.
. ;a« I u::,�. ::; : «C ; •� •��„ •,� _� � �4
�4tI by Mr. Kondrick, seconded by Mr. Svanda, to receive the March 7,
1988, Parks & Recreation Ccmnission minutes.
UPaN A VOICE VUl.'E, ALL VOrIl� AYE, Q�AlRP'ER.SCN B�t"LQ�D DEQ�ARED THE rATION
(�RRIED UNAI�TIM�IJ3�Y.
Mr. Kondrick stated that Mr. A1 Gabel had resigled fran the Conmission. As
the Planning C,ommission menbers l�ew, Mr. Gabel had been a forn:er member of
the Community Develanent Commission. When the Community Development
Coirmission was disbanded, the members were given the choice o�f joining
another oonmission. Mr. Gabel had chosen the Parks & Recreation Ca�►ission,
brinqing the Cam�ission to 6 members. With the resicyzation of Mr. Gabel,
the Parks & Recreation C,aanisson would return to its 5 menber status.
: �.M I � : ;,l. 1 . �. , �. ; �� y1/� • .� �� /M. ��: MM � �. 1Y�'-
r1�S.QN by Mr. Kvndrick, seaonded by Mr. Saba, to reoeive the March 10, 1988,
Hou�ing & Red�velapnent Authority minutes.
UPOIJ A VOICE VOi'E, ALL VClrIl� AYE, Q�AIRPF�%SQd BEi'LCLD DEQ,ARED THE I�TION
(�FtRIED UNANIMXIS,Y.
. � :�,1: � � �+, �
� by Mr. Kondrick, seoonded by Mr. Saba, to adjourn the meeting. Upon
a voioe vote, all voting aye, C�airperson Betzold declared the April 6,
1988, Planning Camiission meeting adjourned at 8:10 p. m
Respectf ully sukmitted,
_ / / . J
�, :� ; � ; < < ,�:� � �`r._..
Lynne Saba
Reoording Secretary
�
5D
TSRESA AAD JOHN GIRSnN SE
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-- ___ -----�----- -- =— — -- - __ �'Il�T�
LOCATiON �lAP
t
�
CERTIFICATE OF SURVEY
�
Teresa Gibson
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h � Stittf fartmen/�
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i1
�' 66 th Avenue
s
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� DESCRIPTION OF VROPERTY SURVEYED '�
'[be Nest 120 feet as roeasured along the North and South
� lines of Lot 30, BRQOICVIEW ADDITION, Moka County,
Minnesota subject to Pierce Street N.E. and 66th Avenue
N.E.
I end
'Itie East 13 feet of the 11est 133 feet as measured along
I the North and South lines of Lot 30, BROOKVIF.Ii ADDITION,
Anoka Coimty, Ninnesota except the South 20 feet
thereof.
I Scale: 1" =20'
o Denotes Iron
I
�" 1,��J
(
MIDVYEST
I� LAND SURVEYOR9, QIC.
7801 Sunnyside iioad d� Hwy.10
Minneapolia, Minneaota 56432
Tel: (612) 786-6909
We hereby certify tMt thn is s trw snd cornct represenuaon of � wrvey of
Me boundsnes of the abwe described Is�d and o� Me loe�tion of all buAd�rq�.
if sny. Meraor� a�d MI rii(bk Mcrwd�mmK i1 anY. fran w on ad land.
As wrv�wd this g� d�y of. /�Pr�� � . tY�
�1 •o� 1� �s•l✓kOw✓ Irlinn. IIw. Me. /IOASi
cra s
„e rw. Q9-zzs s,,,, _ .,R 4s-Z9
5F
RF�CI,tiP70�i N0� - 1988
A R�S�UTION APPROVING A SUBDIVISION, LOT SPZIT, L. S.
88-02, ZO SPLIT TfiE EAST 13 FELT OF T8E WEST 133 FEET AS
1�ASITRED AL ONG TH E NGgtTH AND 3QJ TH L I N ES OF L OT 3 0,
�t00KVIF�T ADDITION
WHEREAS, the City Co�cil appraved a lat sgl it at the meeting
arzd the Planni.ng Canmissian stipulations attac�ed as exhibit A; and
WHIItEAS�, such apprwal was to spl it c�f the east 13 feet c� the w�est 133 feet
as measured along the north and south lines of Lot 30, Brookview Ad�dition, the
same being 6610 Channel Raad N. E.
WHIItEAS, the City has reoeived the required Certificate of Survey from the
a�rber ; and
WHEREAS, such approval will spl it off said piece of property and to be
combined with the adjacent single family parcel (the west 120 feet of Lot 30,
Brookview Additiai ) .
NQr�, THII�EFDRE, BE IT RFSCGVID that the City Council directs the County of
Anoka to reoord this lat split within six months of this approval or else such
shall be null and void.
PASSED ADID ADOPPED BY THE QTY OOtJNQL OF THE QTY OF FRInLEY THIS DAY
OF , 1988
WILL IAM J. 1�E - MAi'UR
1�TFST:
S'�iIRLEY A. HAAPALA - CITY CLERK
5G
5H
EXHIBIT A
STIAJLI�IONS
LS #88-02
1. Comglete aombination form and return to City by May 2, 1988.
2. A permit must be obtained in order to increase the curb cut width at the
driveway opening.
51
� Division
� Combination
DIVISION / COMBINATION REQUEST
Municipality FRIDLEY
Date 3 / 22 / 88
For taxes payable in 19 $9
Fee o�rner: John P and Teresa Gibson
Cantract purchaser: John P and Teresa Gibson
Taxpayer name: Same ,
p,,ddress: 1255 - 66th Ave N E
Fridley, Minn. 55432
PIN IiOT BLK SUBDIVISION OR DESCRIPTION
13 30 24 24 0039 W 120 af 3 Brookview Addition
&
New Pin No. for yGest 13' of ot 30 (ex W 120') Brookview Addition
Note: If this is a request for a division of a tax parcel, the legal
descriptions of the new parcels must be attached.
X
Q Fee owner � Contract purchaser
Note: If the request is by a contract purchaser. the applicant must already
appear as the contract purchaser in the county tax records or a copy of the
contract for deed must be attached.
Checked for delinquent taxes by: Date: / /
� PLANNING DIVISION
�
MEM4RANDUM
ci�roF
fRlDLEY
I�MD T0: City Co�mCil Members
N�MO FROM: Kathlyn Castle, Planning Assistant
RF]GARDING: Sigi Permit for the Fridley Historical Society
I�M� L�ATE: April 12, 1988
The Fridley Historical Society has requested that their fee for a Sign Permit
be waived beca�se they are a non-prof it organizatian. Sectian 214.15. O1. E. o�
th� City Code states that sic�s whid� are erected by non�profit organizations
are rot ex�empt fram obtaining sign permits but the fee requirement may be
waived by the City. �e proposed sigz o�mg].ies to the regulatians which apply
in the Sic� Code. Staff recommends that the Sign Permit fee of 524.00 be
waived for the Fridley Historical Society.
M-88-81
6A
April 11, 1988
To The rridley City Council:
The rridley Historical Society hereby requests that
the city council waive the fee f or our sign permit,
such sign to be located at our museum, 611 Miss. Street.
In makir�g arrangement with Jim Robinson for our permit,
he informed me that as a Fridley-based, non-profit
or�anization open to the public, we are eli�ible f or
a fee waiver if the city council �rants it.
Thanking you in advance, I remai ,
���
: .�, � . ,�,�.�.
�� . �
� ome :a. T•"anley
F dley Historical S ciety
� ilding rund Chairman
Effective: J�e 1, 1966 ��
CITY OF FRIII.EY
• SIGN PF�IIT APPLIQ�►T�i
Owner: I��E� / OR J oLiF SIGN IItDCIt�R: J69�n �' /�-P TA .�F'f.�
Address: T. ��.
.
City/Zip: �r�'>�oLr : rn r� � Ss'ys 'L QTY/ZIP:
Zlel. No: TII.. I�1�:
Sic� Location
Address: 1��� m �.(('. ..�! • Zoning:
Lot: ffiock: Addition:
. �ri ion Of Si�
1. () Wall Length of Wall Max. Allowat�le Sq. Ft:
Si� Length: Width: St�. Ft.:
2. � Pylon Distanoe Fr. Prop. Line: Distance Fr. Inter/Dwy:
Siqn Length: �<,• Width: ,�,r Height: .S fT 9q. Ft.: '/5���
3. () Roof R�of Si� in Lieu of Pylon Sic�
sic� Length: � width: 9q. Ft.:
4. ( ) Campai�
*5. ( ) Teny�rary (Banners, Fbrta-Panel, Penr�ants, etc)
*APPROVID FOR 10 t1AYS CrII.Y
Date Erected Date Zb Be Ranoved
D
Constructed Of : �tJ o a� ��� y� �$�� D Zb Be Ccmpleted
Ill�ninated: Yes () Ab (� IF YFS; Electrical Permit is Neoessaty Fbr i�iring Si�
SIGN A'�'SSAGE: ���'I �L f� �1; TG�l/G:�i L,,,,r� C� �'',�`, u�f �'U� ��
�e �dersic�ed hereby makes application for a petmit for the work herein specified,
agreeing to a� all work in strict acoordanoe with the City of Fridley ordinanoes and
rulings of the Building Inspection Departlnent and hereby declares that aIl the facts ar.::
representations stated in this applicatian are true and oorrect.
DATE: ���/ � APPLIC�INT - � e , h� .i�____�
Please Pri
Peffiit �PC
0 to 40 s�uare feet: $24.00 ple�s $.50 surcharge if not lit.
41 square feet or m�re: 560.00 plus S.50 surcharge if not lit.
Pblitical Sic�s: S15.00 deposit, zef�aed when siqns renaved
Tenporary Signs (porta panels, banrers, etc.): NO FEE
,�,�ulations - �
Revolving beaoons, zip flashers and si.milar devioes including any souroe of ligt,t which
chanc�s in intensity are p�rohibited. --_ ;�.`-
Apprwed ay: Date:
City Si� Cbde Enf or aanent
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LOCATiON MAP
7
CITY OF FR�t,F'�'
CATV ADVISORY Cc�R�iISSION MEETIl�IG, FF.BFdIARY 23, 1988
CAIZ TO OF�ER:
Vice-Chairpersoaz Hughes called the Februazy 23, 1988, CATV Advisory Conmission
meeting to order at 4:36 p.m.
RDLL CALL:
Members Present: Ralph Stouffer (arrived 4:45 p.m.), Barbara Hughes,
Ed Kaspszak, Duane Peterson
t�esnbers Absent: Burt Weaver
Others Present: Clyde Nbravetz, City of Fridley
Gary Matz, Herbst, Thue & Matz, Lt�d.
BiLl Hunt, Assistant to the City P'Ianager
Rc�n Abratcs, Nortel Cable
Keith Cripps, Nortel Cable
Mark Hanmerstrodn, Nortel Cable
Bruce Thcrrpsan, Nortel Cable
APPF20VAL OF JANUARY 21, 1988, CATV ADVISORY COt'AIISSION MINUTES;
DiO�rION by Mr. Petersoa�, secon3ed by rir. Kaspszak, to approve the January 21, 1988,
CATV P,dvisory Conmission minutes with the follvwing amendr�ent: On page 3, second
sentence, first paragraph, change "P�Sedian° to "P�9edia" •
UPON A WICE VOTE, ALL VOTIlIG AYE, VICE-Ci�1IRPERSON HUGI�S DDC7�IRID Ti� r10TION
CARRIID IJI�.NIl��K7USLY .
APPROVAL OF AGII�IDA:
rir. Moravetz stated that under Item 3, the Conmission mPlnbers should receive
Correspondences dated Feb. 3, 1988, Feb. 9, 1988, Feb. 11, 1988, and Feb. 15, 1988.
DiOTION by Mr. Kaspszak, seconded by Mr. Peterson, to approve the agenda as
ar.�ended.
tJPOPI A VOICE VOTE, AI�L VOTING AYE, VICE—CI�,IRPERSON HUGHES DF7CI�ARFD THE NK7TIOtJ
CAPIZIID UNANIlNCxJSLY.
1. RDCEIVE OPERATIONS UPDATE REPORT F�taM NORTFF�,:
Mr. Haimierstrccn stated the subscribers in FYidley were staying pretty steady,
at least the last mcnth. �ey gained 6 basic subscribers for a total of
4,350 basic and about 6 pay subscribers for a total of 3,710 pay. He stated
this was in part thanks to the I�O prom�tion that ended on Feb. 19. Zhey are
going right int�o anather prom�ti� featuring Shvwtime-�-a six mcnth subscriptioau
t�o Premier Magazine, and free installatiori of Sho�atime thrauc� the m�nth of
Mardz .
7A
CATV ADVISOF� 0.�SSICN NEETING, F�Ri� 23, 1988 PAC£ 2
Mr. Ha�nerstran stated April was Natirnal Cable Nbnth. 4hey anticipated
. doing a previaa on the local origination cx�el of a variety of
different programming of basic senrives.
2. RECEIVE FOLA�PH QL]ARTER 1987 FftANC�iISE FEE WI�I REIA'IED N'IATERIAIS:
ND'I'ICN by Mr. Kaspszak, secanded by Mr. Peterson, to reveive the Fburth
Quarter 1987 FYandzise F�e and r�elated materials.
c�oN A wzc� w�rE, � wTTr�c �, vicE a���soiv xua�s nECr�D �
NDTICN CARFtIED tN1�N7MC)L�LY.
3. FiJKIHER REVI�1 OF CABLE �I�TISION Ff2ANQiISE ORDINANCE:
a. Reoeive Correspondenoes
Nr1�I0N by Mr. Kaspszak, seoonded by Mr. Peterson, to reoeive the
fol lowing oorrespcndenaes :
1. Feb. 3, 1988, letter setting forth those oc�ments raised
by the �mmission at their Feb. 2, 1988, meeting.
2. Feb. 11, 1988, letter reflecting the results of vertain
discussions of a meeti.ng with I�brtel on F�eb. 5, 1988.
3. Feb. 9, 19 88, letter fran i�n Abrans setting forth suggested
language to resolve the so-called HRA issue, the addressable
oc�nverter issue, and the definition of a oc��laint.
4. Feb. 15, 1988, letter from Rr.x� Abrams setting forth certain
oanrents regarding the annual subscriber stuvey and the
prvposed audio standards.
L�ON A WIC� VOTE, ALL VU'1'ING AYE, VI(E-CHAIRPIIZSON HLIC�IES DEC�ARED
�iE NL7�ION CARRIED LNANINDtSLY .
b. Discussion of Draft Ordinance dated FPb. 15, 1988, Incorporating
Cc�anission Re�ndaticns of the January 21, 1988, Meeting
�e Oamtissirners agreed to go thrcxigh the Draft Cable Television .
F�anchise Oniinance secti� by section, making revam�endations for
changes as they went thlvugh the dac�m�erit.
Mr. Matz stated that if the Q�x�any had any oanme.nts an any section,
they should make those oa�snents lmc�m at this time.
SECTICN 3. L�'Il�I22'ICN.S
Section 3.06 C,a�laint
Mr. Matz asked Nortel to e�lain their abjection to the arigirsal
language far the definiti� of a"ocmplaint".
N�. Abrans stated that basically the telephone calls Nortel receives
fall into two ir�quiries: (1) cal]s relating to servioe; and (2)
general ca1Ls of inquiry.
u �
Q�TV ADVISOl� OJI�SSICN NF.E�ING, �£BRLF�I� 23, 1988 PAC� 3
Mr. Abra� stated that regarding the calls relating to serviae, Nortel
retains a reoord of reports of all outages as well as all calls requiring
a servioe call. L1n a monthly basis, Nortel provides the City with an
vutage report as well as a su�ry of the service caJ1s by classification.
He stated that for reasons of privacy, they do nAt make those avail,able
generally � an individually identifiable basis.
Mr. Abrams stated that as to the caZls of inquizy, if the caller abjects
to a business or progra¢nming practioe, those calls are logged and the
individual is told at the time that the call will be logged. What they
have folmd vague and difficult to inplement was the requir�ent that a
oamplaint includ�e any subsequent investigati� or research to be logged,
because at times there will be a teleph�e call and the person who �uld
answer that call vould be on another call or othezwise occupied and if the
person caZled bark under that definitiai, that w�ould be subsequent investi-
gation. 4dzat Nortel has suggested is that they vontinue their current
practioe of retaining a listing of all outages, a listing of all service
calls, and a log of progr�ming and business practiae objecticns.
Mr. Abra� stated the definitiori of "oon�lairit" in the Draft Ordinance
was acoeptable to Nortel.
Mr. Matz stated he did think the language set forth in the Draft Ordinanve
wv�ered the City's oonoerns. Vdzat they are cbing is defining a ocmplaint
as either a call that results in a servive call or raises an objection tA
progranming or business practic�es of the �any. Zhe Ca�any had a good
point i.n that if the person who reoeives the phone call cannat answer it
and has to refer the call to someoaie else, that o�uld �nstitute a oonplaint.
He did not think that happened very often, but the possibility did exist,
and he felt the bases were oovered with this language.
(Mr. Stouffer arrived at 4:45 p.m. He stated he woould like it r�ted in
the reaord that the meeting was sdzeduled for 5:00 p.m., and he had not
been notified that the meeting was going to start earlier. )
SECTIQ�i 4. GRANT QE' AUIIiORITY AND GE?�1EE�L PRfJVISIQJS
Secticn 4.0 .0 Authority for Use of Streets
Mr. Matz stated this was the language which requires pec��le to be notified
in advanc�e and in writir�g if there is to be any �dergrourr3 w�ork. Zhe
Ccnmission had suggested seven (7) days prior to �renoement of the work.
In discussing this with the �r�any, it was the Oompany's feeling that
based ori their experienves in Bloomirigton, that 48 hours was more effec-
tive. Seven days was too far out and peon]�e usually forgot. �at was
why �e referenoe to 48 hours, rather than 7 days. Haaever, if the
�arta�ussion felt seven days was m�re aq�prapriate, he believed the Co�ariy
would vca�ly.
Mr. Nbrav�etz stated he believed t-he discussion was within seven days
prior to a�nmenoenent of the wnrk. He s�a no prabl� with the 48 hour
ture period. He also felt the shorter t�me notive was better. ,
7C
CATV ADVISOF� OJM�SSICN NEETING, F�Ri� 23, 1988 PAC£ 4
SECTICN 7. O1�TSTRLTGTICN PRUVISICJ1�iS
Section 7. 08 Ifidergro� ' ng o C�ble
�e w�rd "on" should be dzanged to "for" in 3rd line fran bottan of paragraph.
SECTION 9. (�I1S[JNER PROZ£C'I'ION PROVISIO�S
Section 9.06.A Subscriber Billing Practioes
Mr. Matz stated that in the first and sewnd lines of this paragraph, ti�ere
was referenoe to the word "agreement". In both instanoes, the word "agreentient"
shc�uld be dlanged to "infoxmation" .
Section 9.08.A Annual Subscriber Survey
�e section was a�ended as follvws: "Qam�encing in 1989, the Grantee shall,
no earlier than ninety (90) days prior to submitting the Annual R�ort required
pursuant to Qzapter 8.03, o�nduct a written survey of FYidley subscribers in
a form and m�-�nner approved by the City. Each questionnaire sha1Z be prepared
and c�ducted in good faith so as to pravicle reasonably reliable measures of
FYidley subscriber satisfactian with...."
SECTION 10. C�IERAL FINANCIAL AND II�URI�IVC� PROVISIONS
** Mr. Abrams stated he wanted the Cannission to knvw that Nortel would probably
discuss the level of penalties with the Citv �uncil.
SECITCN 12. RENDVAL, TR�TSFER AND PURQ�SE
Section 12.04 Purchase by Gity Upon Expiration or Rewcation
Mr. Matz stated it has been suggested that the City have the option to buy
the franchise �on rewcation at book value. Lhder F�ederal Iaw, it states
that the City may buy the system at the time of revocation �on payment of
an equitable price. In discussing this with the OcRqx�ny, it was not acceptable
for then to say book value because, in essenoe, they were waiving oertain
rights they have umder F�ederal Law, so they si�ly put in "equitable price".
1�. Kaspszak asked where it was written that the City had to neoessarily
oonfoxm to �deral L�a.
1�. Matz stated the issve fran the Carg�arry's Standpoint was if they agree to
book value, they are, in essenve, waiving the right they have tuxier Federal
Iaw. The book value rray be less than the equi.table priae. As he understood
the argument, tmder F�deral L�v, the principle is equitable priae. 4�►y should
the City agree to anything less than �+,;table prioe?
14h�. Kaspszak stated he wnuld like to see than leave "book value" in and then
hav�e the Conpany argue the point with the City �Lmcil.
Mr. Abr�ns stated they w�uld argue with the Fec�eral Judge before they would
argue with the City �uncil. He stated they have ric�ts under Federal Law.
By putting in book value, the City was creating a financial inoentive tn
** CAUncil M�nbers - please note.
7D
C�'V ADVISORY Q1NA'aSSIQV METING, FEBRI�RY 23, 1988 PAC� 5
rewke the franchise. D�e purpose behind the Cable Qatmtmications Policy Act
was to establish Lmiformity and relations between cable cn�panies and m�uiici-
paLities. �,; table prioe was what Oc�gress dee,med its power to preenpt
w�der the OQmierae C1aLSe to be apprapriate, and that is only what the
O�any will acaept. Zhey will acoept what their rights are—r�othing less
ryor were they asking for anything more.
Mr. NL�tz stated the reason O�ngress said equitable prioe was to allow parties
at the time of rewcation to determine just how bad the cable operator has
been. 'Ilze I�gislative Districts suggest that if the abuses or the franc�ise
violatians are extremely serious, then equitable price was gc�ing to be a very
lak priae opposed t,o the violations that are not as significant. It o�uld
well be that equitable price will be boc�k value.
M7I'ICN by Mr. Kaspszak to reoQrmend that "equitable prioe" be changed to
b o value".
NDTICN DIED FOR LAQC OF A SEO�1D.
NiS. Huc�es stated that as she thought of the definitions of both equitable
price and book value, it would seeqn to her that equitable prioe would have
m�re leeway than book value, bodc value being a very specific n�iber. So,
even if the City �uld get the C�npany to agree to sell at book value plus
$5, they oould not cb it because the ordinance w�ould require book value. Zl�ey
would end up in a a�urt situation; whereas if they had equitable price, which
was book value plus $5, they o�uld agree tA that and not end up in oourt.
SDCTION 15. EF'��CTIVE DATE; PL�LICATION; AND TINE OF A�TANC�
Mr. HLmt asked when the frandzise w�ul�d take effect.
Mr. Matz stated it wauld take effect upon acoeptanve by the �any, 30 days
fro�n the acbption of the ordinanoe.
Mr. Hwzt asked what hap�ened tro the franchise fee betw�een Dec. 23, 1987,
when the frandlise expired and the beginning of the new franchise.
Mr. Abra� stated that if ev�ezything goes as it appears to be going, the
franchise fee will not be an issue, and that by April 15, they will have a
new acoepted franchise, and the City will have a frandzise check, 5$ of the
gross revpnues fmm Jan. 1 to April l, 1988.
1�. Hunt stated that in the renewal last time, even though the d�oaunentation
was not ooa�pleted and prooe.ssed imtil some time in January, the franchise
was renew�ed Dec. 23, so it expired again in Dea��er, rather than January.
So, in effect, last time they had a retroactiv�e beginning date. The only
reasan one would press for that would be if there was so�ne questian about the
frandlise fee.
1�. Stouffer asked if it was in the City's best interest to make the
franchise �troactive badc to the anniversary date.
7E
c�TV ADVISORY 0.'Y�SSICN NEETING, FEBRt�RY 23, 1988 PAC£ 6
Mr. Matz stated he really felt it was a moot issue. He thought the whole
issue was the payment of the fran�ise fee, and he thought Nortel would be
very ill advised not to pay the franchise fee.
E}�iIBIT A- DESCRIPTION OF SYS�T'I LTPQ�
Irr. Hatrarerstran stated E�.ibit A was essentially alright with Nortel, with
the exoeptiai of Ite m A.6 . He referred to his letter of January 15 to
Mr. Moravetz which the Coc�m.issian received at the last Coinnissian meeting
in which he discussed at some length the inpact that addressability has on
custcc�ers' equip�ient and the requirement for Nort�el to provide an addressable
wnverter for those cust�ners who require on�e. In that proposal, i�e had
suggest�ed the language be worded to the effect that Nortel would provide an
addressable converter to each premi� service subscriber requiring a conv�erter
for a variety of reascv�s .
Mr. Hanic�erstran stated that, in s�y, they have learned a lot in Bloomington,
and they are reaZly trying to bring this e�ertise to Fridley. It was not
their intention to bring in something that will not benefit their custcx;iers, and
it was their feeling that an addressable converter in all custoaners' homes
clearly was a disadvantage to their customers. The wozrling as it was now,
"providing to each subscriber requiring a o�nverter a one-way addressable con-
verter" was still a hardship on the custamers in a�uple of ways: (1) The
basio-only customer, who presently has a converter (a Hamline Slid�e Copy), is
used to t�at eQuil.�nent, and this is the type of equipment they would put in
that custarer's home. They have found that sare customers just do not like
change. (2) Most i�ortantly, by their calculations today, by requiring
Nortel to put a converter into each house requiring a oonverter, it would add an
additional $100 of expenditures which will be passed on t�o the customers.
Mr. Fiamrerstran stated the alternative proposal was to leave the oonver'ters
in the basi�only custamers' homes. Nortel will provide oonverters for
custoners who want them for pay-per-view and they will provide converters for
customers who get pay servives. There was no particular magic in this box,
other than it will allow customers to receive pay services.
r1r. Iia��erstrom stated, again, Nortel wanted the Cot�ssian to be aware that
there was going to be an additional $100 expenditure to put �nverters into
hcmes that basically do n�t need these converters. Their suggestion was to
insert "premitun sezvice" before "subscriber" in Item A.6.
Mr. Matz stated at the t.ime the City approved the chanqe in vwnership with
IQQt, an agreement was arrived at in certain minircaans at the time of the frarr
chise renewal. One was that the Ca�pany would provide an addressable converter
to each subscriber. They oould c�ertainly change that agreement.
Ms. Hughes stated the real question was: Was there anY reason they needed
any protectioais at all? Mr. Stouffer also questioned if they even needed
Item A.6 in Exhibit A at all.
7F
c�,TV �sc�Y ca�usszorl r�ernJC, F�� 23, 1988 p� �
rir. t9atz stated the Ca�ussiori oould oertainly take the approach that whether
the system was addressable or not was a business decisian the CaYpany has
t.o make in an area the City does not care about.
Mr. Kaspszak stated they have to remembe.r they have a 15 year franchise, and
15 years was a long time. Vd�o knew what was going to hap�pen 10 years fran
naa in tern�s of addressability, and who knew where pay-per-view was goin9 to
go. He thought they have been asked many times why certain programni-ng was
not available, and the fact it was pay-per-view did not have anything to do
with whether or not a person subscri.bes to the pay channels. It was an option.
Ms. Hughes asked why the City should have arn interest in addressability.
Mr. Kaspszak referred to page 7, tlze apening paragraph, "The Preamble,
Stat.ement of Intent and P�zpose" whidz stated: "The enhanoPment of comrnu►i-
cations within the City. The enhanceqnent of catmur►icatian opportt�ities out-
side the City."
Mr. Hanmerstram stated the point was w�ell taken as far as haa does this impact
the Ccnmission. He stat.ed addressability, far all intents and purposes, was
a security system. It did not necessarily allaw them to bring any additional
services per se. It was not a way of expancling the servioes, but it was a way
through c�atputers of providing a secure system for cable TV. V�en the agree-
ment was made to provide addressable conv�erters to every household in Fridley,
at that time it was presL�ned the Company was going t�o scramble everying on
the basic system, and no ane would get cable servioe free. But, times have
changed. The largest cable oa�pany in the United States, ZCI, was going away
fran addressability. That was a good example of what Mr. Kaspszak was saying--
that times are changi.ng. Addressability really is not the issue here as much
as it was customer �anvenienoe. Ten years from naw, they mic�t find technology
available that provides pay-per-view without addressability converters. At
this juncture, for thesn to inpose a oonverter an all customers was not a
necessity, but an inconvenience, and the Ccamission should be aware that was
a decision the Conmission was making if they insisted on this language.
Mr. Abrams stated he would suggest that the issue Mr.Nbravetz had raised in
their meetings was for the basic orily subscri.ber not to have to buy throuc�
a pay servi.ae in order to get the pay-per-view. He would suggest that
language be inserted in Sectio�'i 6.02 whic� deals with pay television:to make
that sinple clarificatian. As to making the PaY'P�`�� PrO��n9 ava�.l-
able to basic only subscri.bers, he would suggest the Conpany r�port on its
policy in regard to that in its annual report and its operatia�s rep�rt that
the Catpany receives on April 1 and October 1 each year. As to Exhibit A,
he would reco�nd that in A.6, the words, ��and providing to each subscri.ber
requiring a converter a one-way addressable converter" be deleted.
Mr. Kaspszak stated ar�other prnbl�n he had with the 15 year franchise was
that the City should be requiring the CompanY tA Provide free basic servioe
for billing purposes, whidz is going to ca��e about befare 15 years are up•
This would be a free servioe, not necessarily ir�orporated with buYiTig �e
basic televisioai sezvioe.
7G
CATV ADVTSORY CCM�IISSION MEE.TING, F�P,RY 23, 1988 PAGE 8
Ms. Hughes stated she wanted to maintain in the Ordinanoe what was outlined
in the Pr+eambl�-to have a system that i�rc�ves �munication in the
co�nminity. Zhat is the reason they need to maintain access channels, etc.,
and they have to put in enouc� protections that they preserve their o�tions--
s��ething they have not be�� doing in the past.
Mr. Abrams stated the follawing language should be insertsd in Section 6.02:
"A subscri.ber does not have bo subscribe to a manthly pay television servioe
to reoeive PaY Per view progra�ung. ��
EXHIBIT B- TDCHI�TICAL S�1�IDA�S F�R SUBSCRiSER AND INSTI'IUTIONAL NEI'WURK
Mr. Tho�npson stated there has been a new tec.hrLical standard inserted for audio
signal level. He tried ta cantact Bust Weaver but was unable to reach him.
Dsr. Weav�er had proPosed this star�dard, and he wanted to find out fran
Mr. Weaver where it came fran and hvw P4r. Weaver praposed Nortel to read this
type of level.
Mr. Thc�san stated he had dar�e some calling and had not come up with much
informatian. He had oontacted their Production Department to find out exactly
what the "vu" meters they were currently using would actually read. He had
found out that the average level the w meter will read would be frozn a
-20 to a 0 vu reading. The actual vu meters th�ey have go above that fro�►
0 to +3 vu's. The 0 to +3 vu's w�uld put them intA a red line zone, actually
making the audio too loud if broadcast over the cable television system.
Mr. Tho�son stated Mr.Weaver had written down that: "The audio signal level
on each channel shall be maintained at 4t.lvu. " Mr. Thanpson stated he had
no way to actually perforr.� that, and he had never heard of a standard as high
as that or actually putting a standard such as a vu level on signal levels in
the cable system.
Mr. Thcnpson stated one thing they are currently using and have just started
inplementing was a pieae of gear they rec�.ntly purchased from a manufacturer
called FM Syste�. It takes peak voltune rnadings off each channel that are
held that they can record, so they can reference channels as to lowdness and
take an av�erage of all those levels and set each satellite servioe up to that
service level.
Mr. Tha�san stated, again, without Mr.Weaver at the meeting tA e�lain exactly
the vu level, this was the only other way he could change the language and
go fro�n vu's to possi.bly e�ress awdio signal levels i.n an average dB level.
r'!r. Stouffer stated the intent of putting in an audio signal level was to
help end the fluctuating audio that peanle hav�'- been ca�lain�.ng ab°ut.
Mr. Kaspszak stated that, in blr. Weaves''s absenoe, he �rould suggest that
Mr. Weav�er, Mr. rbravetz, and Mr. Thatps� meet to w�ork this out.
rir. Cripps stated the piece of equipment Mr• Thatpson had referred to was
veYy new on the market, and was the first piece of equipment theY have came -
across that will actually do the job for them. It see�red fa.irly effective.
He was quite sure Mr. Weaver had nQt seen this piece of equw.g:ient, and he
felt Mr. Weav�er would agree that what the Cacpany was doing with this piece
7H
cp.�v �vzsoRY cor�issia�r r�ernvc, � 23, �9ss P� 9
of equigre�zt would be adequate to put the Coctmission me�ers at ease with
this situatian. There was oertainly no question that there has been sacne
problem with fluctuating audio.
Mr. Stouffer stated he would agree with rir. Kaspszak's suqgestion that
Mr. Weaver and Mr. Moravetz meet with the appropriate peonle fran Nortel and
odme up with language that will take care of the intent.
F�{HIBIT C- AOCESS CHAtA1EG CARRIAC� RDQiJL�II+'IENTS
Mr. Abranu stated as he understood it, Nortel will prabably not do the
channel realiyrunent until near catpletion of the system �grade. So,
instead of 90 days, it will be "prior to coc��letion of the �grade" or some
similar lanquage.
Mr. Abranu stated that regarding the channel locations, Public Acoess would
be Channel 33, Educational Access would be Channel 32, Governn�ent Access
would be Channel 31, and Librazy Access would be Chanriel 34.
b. Make Recanren�clation to City Cotuicil on Draft Ordinanoe
Mr. Stouffer stated he would like to thank Mr. Kaspszak, Mr. Petersan, and
Mr. Moravetz for all their work and Nortel far worlcing hard on all these
negotiations .
MC7rI0N by Mr. Peterson, seoonded by Ms. Hughes, that the CATV Advisory
Cortmission forward to the City Council the amended Draft Cable Television
Franchise Ordinanoe for the City Council's consi.derati�, with the under-
standing that the Canr.iission believed this Draft Ordinance was basically the
best agre�srent the Ca�ussiori oould recc�cmend.
UPON A VOICE VO`I�, STOUFFEFt, HUGF�S, PE�ERSON VO�TING AYE, KASPSZAK AB.STAINING,
CHAIRPERSON STOUF'F'ER DD�tID Tf� Mi0►TION CARRIID.
Mr. Abra� stated it was cert.ainly in everyone's best interest to get this
ordinanoe appraived as quickly as possible.
AI)JC�:�E2I�P'lEN'T :
M(7rION by Mr. Kaspszak, seconded by Mr. Peterson, to adjourn the meeting. Upan
a voice wte, all voting aye, Chairpers� Stouffer declared the Feb. 23, 1988,
CATV Advisory Catmissian meeting adjourned at 6:25 p.m.
Respectfully s 'tted,
t
, x�
L Saba
Recording Secretary
�► . PLANNING DIVISION
�
MEMORANDUM
c�nroF
FRlDLEY
IrE1�D �: Jock Robertson, Cbmninity Develo�ment Director
Nasim Qureshi, City Manager
P�M� FROM: Jim Robinson, Planning Coordinator�
A'�M� DP,TE: April 6, 1988
RDGARDING: Reallocatirn of Co�un�nity Devel�nent Block Grant F1mds
At this tune we have two prcyposals which would involve the reallocation of
the renaining Coimi�ity Developnent Block Grant (CDBG) func3s desic�ated f or
Catanercial Rehab. Recall that m March 28, 1988 the City Co�cil reallocated
58,181. of the 1987 Commer ci al Rehab. f unds, 1 eav ing a bal ance of
S?A,544. In addition to this money, City Council allocated 56,302 of the
2988 �BG f�ds for oa�nerciat r�ab. �e total fund balanoe for commercial
rehab. f� 1987-1988 is S 30, 846.
._ - :.. - ;- . .�
The North Suburban Center fo� the Arts (IZSC�) is now requesting additional
fulding for the Loake House Restoration project. The City's 1986 and 1987
C�BG oontributions to this effort total 523, 000. NSCA's commitment to the
lease agreement with Anoka Co�nty is for 555, 000 cf wntributions. Mr. Harry
Rosenbaun, member of the Board of Directors and Chairperson of the Fund
Raising Conmittee for NSC�1, has pregared the attached prop�sal which asks the
Couzcil to prwide an additional 516,270 c� f�nding to oo�nplete the interior
restoratian of the first floor this su�mer. Work on the second floor would
be acxomplished in a later phase. The program activities for the Center
should hegin arand Labor Day.
: - . ;. - .���
On Marc3� 28, 1988, we informed the Council that additional fundings would be
required in order to clear and re�urbish the Findell house. (This p�operty is
the brick and stone building which is considered to have signif i�ant
architectural and historic character. ) Our proposal, which has been approved
by the Parks and Recreation and Planning Co�ranissions, involves clearing the
garage, cleaning the site and rec3esig�ing the principal structure as an open
air park shelter. Work allawed �der the CDBG criteria would be the clearing
of the garage and disnantl ing of the house. At this time, we have received
estimates for this work which involve apqroximately S4, 000. Additional
estimates are being sought for dismantling the building itself. I would
reoostmend that the resnaining f�ncls in the aomnercial rehab. pool (S 14, 576 if
the Co�.mcil allocates the 516,270 to the Locke House as proposed) be
allocated to the Riverview Heights project for restoration and future
aoquisitic� efforts.
In order to reallocate these f�ncis, it will be r�eoessary for the Council to
hold a public hearing. It would be desirable for Council to set a public
hearing on April 18, I988 for their May 16, 1988 (b�ncil meeting.
JI�R/c�n �
M-88-76
�
. ,
North Su rk�n
ter for Q
rts
Apache Plaza, 37th & Silver Lake Road, St. Anthony, Minnesota 55421 612-781-7381
April 8, 1988
Jim• Robinson
Plann►ing Co-ordinator
City of Fridley
6431 University Avenue, NE
Fridlev, MN 55432
Dear Jim:
As you know, the North Suburban Center for the Arts, together with
Anoka County, has been involved in the restoration of the Banfill
TaYernlLocke House in Fridley. LVe are haopy to report that the
restoration has been nrogressing and that if all goes well we
should be oAening at least nart of our Art Center in the Banfill/
Locke House by Labor Day of this year.
-`.
The Countv has all but comnleted the work on the exterior of the
house and the architect, Foster Dunwuddie, has let out bids for
oartial rehabilitation of the interior and hooes to have that part
underway by the first part of May.
Fortunately our agreement with the County allows us to proceed
with the interior at a �ace we can manage. I ar.i enclosing two cost
estimates we received from the architect: Alfiernate No. I and A1-
ternate No. 2. Realistically the NSCA Board felt that Alternate Vo.
2 would be the one we could manage at the moment, leaving the rest
of the work, as outlined in Alternate I for a later date.
Please note that in Alternate 2 the cost of paint, carpet and par-
titions must be added to the construction cost total, bringing the
grand total to $39,270. Our current finances fall short of this
total. [ae are still in need of an estimated $16,270 to purchase
the oaint, carpets, partitions and �ay for part of the construct-
ion cost.
It would be our hope that the City of Fridley, (and we are very
much aware and do appreciate your generosity toward this nroject
in the *�ast) would helti us with a financial contribution that would
allow at least the completion of Alternate 2 by the fall of 1988.
Ideally of course we would choose Alternate I.
.
-2-
We know the City shares with us the pride we have in this historic
Fridley building. And we also share with the City a resolve to
complete this project so that all citizens of the City of Fridley
will be able to use this beautiful and appropriate home for the
enrichment of their lives.
Sincerely,
�' G
1
Harry K. Rosenbaum
Member, Executive Committee
Board of Directors, NSCA
Chair, Fund Raising Committee
BANFILL TAVERN
INTERIOR REHABILITATION
6666 EAST RIVER ROAD
FRIDLEY, MINNESOTA
COST EBTIMATE
January 29, 1988
MD87063
NORTS 80BORB7�1 CENTER FOR TS� lUtTB -!►LTSRNAT$ I�10 1
INCLIIDEB THg FOLL011INa 110R1C ON 1rIR8T AND BECOND FLOORB
Remove all plaster and lath from walls and ceilinqs.
• -• Insulate crawl space, walls and attic.
New furring around chimneys and ductwork.
New construction and door in toilet for handicapped access.
New gypsum board on walls and ceilings.
New free-standinq partitions on first floor.
New base board, door and window trim.
New door hardware for exterior doors.
Paint all walls, doors and trim.
Repair floor access door.
New sheet vinyl in toilet and carpet in remaininq rooms.
FIRST FLOOR
Demolition of First Floor
New Construction First Floor
FIRST FLOOR TOTAL
• � •••
Demolition of Second Floor
New Construction Second Floor
SECOND FLOOR TOTAL
$ 6,200.00
28,300.00
$ 4,700.00
18.000.00
$ 34,500.00
� 22.700.00
Ai.TFR�ATE NO. 1 CONSTRUCTION COSTS S 57,200.00
TOTAL
A/E FEES
CONTINGENCY (10�)
6,860.00
5.720.00
$ 69,780.00
:
BANFILL TAVERN
INTERIOR REHABILITATION
6666 EAST RIVER ROAD
FRIDLEY, I+IINNESOTA
COST ESTIMATE
January 29, 1988
MD87063
NORTH SUBURHl�N CENTER FOR THS �1RT8 - ALTSRNl�TS NO 2
INCLIID88 THE lrOLLOIiIZNa 1fOR1C ON FIRBT FI,ODR ONLY
Remove all plaster and lath from walls and ceilings.
Insulate crawl space and walls, including stairways.
New furring around chimneys and ductwork.
New construction and door iri toilet for handicapped access.
New gypsum board on walls and ceilinqs.
New base board, door and window trim, exclude closets.
New door hardware for exterior doors.
Repair floor access door.
New sheet vinyl in toilet, existing floor in remaining rooms
FIRST FLOOR
Demolition of First Floor $ 6,200.00
New Construction First Floor 18,000.00
A7.TF.RNATF NO. 2 CONSTRUCTION COST S 24.200.00
A/E FEES 2,900.00
CONTINGENCY (10�) 2,420.00
TOTAL $ 29�520.00 .
Assumes tenant would do all painting, provide floor finish in
all rooms except toilet and would construct and install all
freestandinq partitions. Stairways to second floor would have to
be block-off to prevent loss of air.
Paint $ 4,250.00
Carpet 3,500.00
Partitions 2,000.00
Alt. 2 C�str. Cost 29,520.00
TpTp,L $39 , 27Q .00
�
: �
RB.SO�.IITION N0. - 1987
A BESOLII?IOA A0180RIZIHG A1ID DIRBCTIIiG T6$ SPLITTIHG OF
SPSCIAI. ASSESS�l�NTS OP: AIIDITOR� S SIIBDIVISIOB #88, LOTS 1
A1D 2, PIi N0. 13-30-24-31-0001 A1TD AODITOx'S SIIBDIYI3IOH
#88, LOT 3, PDr N0. 13-30-2�-31-0002
WHEREAS, certain special assessments have been levied with respect to certain
land and said land has subsequently been subdivided.
NOW, THEREFORE, BE IT RESOLVED as follows:
That the assessments levied against the follawing described parcel, to-wit:
Lots 1 and 2, and Lot 3, Auditors Sub #88, may and shall be apportioned and
divided and replatted as follows:
� � � , f����
Auditors Sub �88
Lots 1 and 2
Pin No.13-30-24-31-0001
?uditors Sub �88
Lot 3
Pin No.13-30-2�+-31-0002
�;���
Auditors Sub�88
Lots 1& 2 tog/w Sly 399
of Lot 3
Pin No.13-30-2�-31-0079
Auditors Sub#88
Lot 3 Ex the Sly 399 ft
Pin No.13-30-2�-31-0080
i , .•l
Reg SA(WSM,WSL)
WS�26
ST 1962-1
1964 Serv Conn(WL)
SW&SS�58(1W Ser. &SL)
ST 1968-3iWalk�Curb)
SS#132(SS)
Reg SA(WSM,W�L)
sw�48(sa�)
ST 1968-3(Walk&Curb)
ST 1977-1(ST)
SS�132(ss)
REG SA (WSM,WSL)
ft ST 1968-3(�j�1k&Curb)
ST 1977-1(ST)
SS�132(SS)
WS�26 ( SL )
ST 1962-1(ST&Corner)
196� Serv Conn(WL)
SW&SS�58(1W Ser. &SL)
Reg SA(WSM)
SW��48( SL)
SS�132(SS)
�� _ �- - �.. �
Paid
Paid
Paid
Faid
Paid
Paid
$4,078.01
Paid
Paid
Paid
Paid
,��I ,�Q78. 01
$8,156.02
Paid
Paid
Paid
$6,647.16
Paid
Paid
Paid
Pai d
Paid
Paid
,�1 �08.86
$8,156.02
PASSID ABD ADOPTSD BY THS CITZ COIINCIL OF THg CITY OF FBIDLBT THIS
D�Y OF , 1988
ATTEST:
SHIHLS? A. HA�PIlLA - CI1T CI.SRE
3/0l1811
YILLIelI J. 1�5E - MAYOS
0
9A
CITY OF FRIDLEY
MEMO T0: NASIM M. �URESHI, CITY MANAGER, AND CITY COUNCIL
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTIONS SPLiTTING AND COr18INING SPECIAL
ASSESSMENTS FOR THE APRIL 18, 1988 AGEPIDA
DATE: APRIL 6, 1988
We are presenting the attached resolutions to the Council to comply with the
legal requirements regarding the splitting of special assessments on these
properties. These divisions and replatting have been recorded at Anoka
County.
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avE
RESOLUTION NO.
RESOLUTION CONSENTING TO AMENDMENT OF LOAN
AGREEMENT RELATING TO INDUSTRIAL DEVELOPMENT OF
REVENUE BONDS FOR FARMERS UNION GRAIN TERMINAL ASSOCIATION
IT IS HEREBY RESOLVED by the City Council (the "Council")
of the City of Fridley, Minnesota (the "City"), as follows:
1. Recitals.
(a) Pursuant to a certain Loan Agreement,
dated as of October 1, 1980 (the "Loan Agreement"),
the City issued its $6,000,000 Industrial Development
Revenue Bonds (Farmers Union Grain Terminal
Association Project), Series 1980 (the "Bonds").
(b) Representatives of General Mills, Inc.,
have represented that pursuant to a certain Agreement
of Assignment and Assumption of Obligations, dated
as of December 15, 1987, by and between General
Mills and Harvest States Cooperatives (formerly
Farmers Union Grain Terminal Association), General
Mills has assumed the obligations under the Loan
Agreement of the Company, as therein defined.
(c) General Mills has also requested that
the City request to a certain Amendment to the Loan
Agreement substantially in the form attached to
this Resolution (the "Amendment"}.
(d) First Trust National Association, St.
Paul, Minnesota, is currently acting as Trustee
under that certain Indenture of Trust, dated as
of October l, 1980, entered into in connection with
the issuance of the Bonds.
2. Approval of Amendment.
The City hereby consents to the Amendment and authorizes
the officers of the City to execute the same on behalf of
the City, provided that the Amendment shall have first been
executed by the Trustee and General Mills, and provided further
that the Trustee shall have first indicated in writing to
the City that all requisite consents of holders or owners
of the Bonds shall have been obtained by the Trustee pursuant
to the applicable terms of the above-mentioned Indenture.
Adopted this day of
the Fridley City Council.
, 1988, by
10
10A
TO: NASIM QURESHI, CITY MANAGER
FTtOM: RICHARD D. PRIBYL, DIRECT'OR OF FINANC�
- � � - � � - �.. s r • • �a� � i • � • a- a�a� ia� •�; a�-� � - ia�•�
1 r • • _i �+•� n • • •, � �a� • a�- � a� �• • i
DATE: APRIL 13, 1988
ATTAf�� YOU WILL FIND A LE'PTER FR�M J1�MES 0' I�'.ARA CONCIIt�iING AN
AbID�TDI�i'P TO THE IAAN AGREF��IDV'P OTi 'Ii� IDB F�tOM FARMER.S UNICJri GRAIN
TERIyIINAL ASSICIATIO�T THAT WAS TAI�N OVIIt BY GENERAL MIISS. GFNEE2AL
MILIS HAS REQUESTID CERTATN CHANGES TO THE INITIAL LOAN AGREaIDVT THAT
JIM HAS REVIE'WED AND AGREF�D WITH BASID O�T CERTAIN PREC(k1DITI0ldS .
A RESOLUTICJ�T IS ATTACF�D, IF APPROVED IT WOUl�D ALIAiW FC)R Ti�
M�DIFICATIOIdS TO THE AGREENIDVT IF THE PR�ITIONS ARE MfsT.
bfertszw J. Lsvrrr
Coi.e Oea�.ea
Rosaar M.Bowas
Roeear 0. Saeaa
Buer E. Swsxsox
Df.J. Gei.vuv, Je.
Dsvm C.Foesaeao
JOHN �I-:�SG�`iEER
McFen V. Sexxoce,Je.
JaeaY F. RorMex
�IEEENCE i`i. DOYLE
Aicasan H. I{fce
Jo� 4 Dn�xar .
Aoxei.n L. Soacvsox
Parea A.Seen
SexceL L. fi�vsox
RoKer.n E.Oacasan
Joax Txoxea
srerasx wr.vrnca
AVBON L.GOBOON
Joflx R.Kexenca
TaoMes A.Leasox
Devin J. S2excea
Devtat J. CoLe, •Je.
Docot.es L. Ssos
�`IICRAHL H.•JE@ON1ML'S
R.Scurr Devizs
J.PsTeics >icDev�rr
Jo�+ H. Vsx ae �IOare, Je.
RIC9d8D G. !�ABH
ANDBEM C.$ELDEN
Avnasw C,BecaaB
JEITBEY J. KEYES
Jexes E. VzssoN
JEROME A.GEIS
STEVE A.BBIND
J06L H. GOTIES![AN
Keanr L. W[•*:
A�.srr H. MecLnr
Janeax F. Sasw
Merraew L.Lev[rr
Devin G. Gazarruro
Dev[n H. Serm
Josera P. \oeca
Casal.ss R HsYrroa
Axnase M. Hoarv
T�xorer P. Fi.sasaxx
NsaTCV H. Fisa
Roseax J. Peerre
Joarr Bui.xsxs
Jsxes G. RsT
Ricasan H.!fearix
Yaca: J. H.,,•
yAFY L.IPPHL
JAMES A.�'�OSE
Rosrx L.Hs_vsex
LAW OFFICES
BI3IGGS AND MO�GAN
PEOFESSIONAL ASSOCLATION
2200 FI$ST NATIONAL BANH BUILDING
SAINT PAIIL, MINNESOTA 65101
TELEPSONE IA12) 291-1216
TELECOPIEE �6121 828-4071
INCLIIDING THE FOHMEB FI$.�i OF
LEVITT, PALMEB, BOWEN, AOTMAN 8c SHABE
Richard Pribyl
Finance Director
Fridley Civic Center
6431 University Avenue
Fridley, Minnesota 55432
April 5, 1988
Roeexr E.Vioous
N'u.�.ia�[ J. Josxts
!feeosaer K Seveoa
Joa� K. Eus.voeoe
BBIA.Y G. Btl.ISL6
Toxv Srcxsaaoea
�feaT E. Sce�rr.rsa
�ficaee� H. Srarrrea
JOH� H.LLYDSiBOM
Rtca�en D. 3xnaHSOw
SeuY �. Sc000Lv
Devta C. NcDovsi.0
Becce W. Moorr
�.vaeaw R.1"v�-rz[xoca
Faeaesicc P. �xos'r
Roasar L.Lea
�.w Hcvreons
Garoosr J. STe.rvoa
Casxi.ts B. Rooews
7eser L.S�rs
>teceeex E. Nsaa6x
!tser �1. Dresara
Psretcc ?t. Geesr
Ti�arm E. N.aa
Cxeer� A.Txoeus
Kev�.v �. Beao
MABH SCHHOCD£P
�S. BEIOID NCDOYOCOA
Re: Proposed Amendment to Loan Agreement Concerning
$6,000,000 Industrial Development Revenue Bonds
(Farmers Union Grain Terminal Association Project),
Series 1980, of the City of Fridley
Dear Rick:
� :
Micssac J. Ganves
!�Seau.v ?i. Dcau.�
CHB[S?OPH6E C. CI.C�'EL.YD
Ve.vc7 D. �mvisoa
MICHeLL J. �ICELIISTBLM
Lcae.� �. F:raux
P��z S.Jscoasex
Cov.ssv �'. Saoar
DLN� J. VA.YCE•BHY�.i
`rrt T. Hcrras
Svss.v B. Teova
Tntorar J. iCae.vsx
Roaser L. Sxeaor
Ti1C8�8i THONAS �iILLCB
Csatns R. Gseasspvu.w
Aaisrnr S. Jia�.sr
Ecan� L.Osrnr
Rav:x J. ftr.riaae
Rcra J. Ket�ux
Vcicavt �.TaoN�Q
�Hi .�. FBE!12
I:�cx J. Wa.r
Devais L H��.t
Aavaes �t.>fecaxaiaa
Psreici T. Saeuv
Disxc 8. I.irru
OP COt"�i3EL
J. \eu >tosrox
Ricnean E. Kn.e
Jo� �S. Pet_Kea
SAMCEL H. MO@6AN
Fae_YE \. Gsexsx
�.Levaxvca Dsvts
Cuaxxca G. Fe�xe
Fer.x: Hsn�oxn
Leovean J.i(crEs
Joar ?!. Scu.�e.v
As you are aware, General biills has assumed the obligations
as borrower under the above-mentioned Loan Agreement from
Harvest States Cooperatives (formerly Farmers Union Grain
Terminal Association).
General Mills has requested certain amendments to the
Loan Agreement and has been working with the Trustee, First
Trust Plational Association, in that regard.
In connection with the bond issue, the City essentially
assigned to the Trustee all of its right, title and interest
in and to the Loan Agreement except for the City's right of
indemnification and expense reimbursement.
Please find enclosed a short resolution for
Council's consideration which, if adopted, would
the City to execute and deliver the Amendment to Loan
Note that paragraph 2 of this resolution contair
preconditions, including that General Mills and tl
shall first have executed this amendment and that t
shall have processed and indicated in writing to
that it has obtained the necessary consents to this
from the owners of these bonds.
2270 ?iN WORLD TRADE CENTEB
SAItii PAtiL, ?lIN?iESO'1'A 33101
1912) 2B1 -1'2I3
8200 FIHST \ATIO*TAL BA?TH HliILDIPiO
SAINT PACL, �iIN�iESOTA 66101
�eia� aei-i2ra
the City
authorize
Agreement.
.s several
ie Trustee
ze Trustee
the City
amendment
2.soo [ns c$v'rea
�fIPTVEAPOLIS, MI�iNE50TA 3St02
IA121 �9' 0961
10C
BRIGGS Axn MORGAN
Richard Pribyl
Page Two
April 5, 1988
Should the Council adopt this resolution, I would suggest
you notify Polly Nemec at First Trust and Ivy Bernhardson
at General Mills.
In the meantime, please let me know if you have any further
questions or needs in this regard.
dery truly ours,
�;�,,,ti,, �; 6 ��--
�ames P. 0'Meara
JPO: cf
cc: Nasim Qureshi(w/enclosures)
Jock Robertson(w/enclosures)
Ivy Bernhardson(w/enclosures)
Polly Nemec
10D
AMENDMENT TO
LOAN AGREEMENT
between
City of Fridley, Minnesota
and
Farmers Union Grain Terminal Association
dated as of October 1� 1980
WHEREAS, the obligations of Farmers Union Grain Terminal Association, now known
as Harvest States Cooperatives (the "Company")� in the Loan Agreement dated as
af October 1, 1980 between the City of Fridley, Minnesota and the Company has
been �ssigned to General Mills� Inc.� a Delaware corporation by an Agreement of
Assignment and Assumption of Obligations dated December 15, 1987; and
WHEREAS, General Mills� Inc. desires certain changes to the Agreement;
NOW� Therefore, it is agreed as follows:
1. Capitalized terms not defined herein shall have the meaning
assigned to them in the Agreement.
2. The first sentence of Section 4.02 is amended to read as
follows:
"The Company will pay to the Municipality in immediately
available funds, at least one day before each Interest
Payment Date, an amount which, with any balance then on hand
in the Bond Fund and available for such purpose� will equal
the sum of the interest and principal, if any� and premium�
if any� payable with respect to the Bonds on that Interest
Payment Date, whether at their stated maturity, at a date
fixed for redemption thereof, by acceleration or otherwise."
3. Section 7.03 is amended to provide alternatively that the
Company will continue to be qualified to do business as a
foreign corporation in Minnesota.
4. Section 7.09 of the Agreement is deleted.
5. Except as modified hereby� the Agreement shall remain in full
force and effect.
10E
IN WITNESS WHEREOF, General Mills� Inc. and the City of Fridley, Minnesota have
caused this amendment to be executed and attested by their duly authorized
officers and First Trust National Association has acknowledged and accepted
this amendment, all as of , 1988.
(SEAL)
Attest:
Assistant Secretary
Acknowledged and accepted by:
(SEAL)
GENERAL MILLS, INC.
By
Its V�ce President
CITY OF FRIDLEY� MINNESOTA
By
Mayor
And
C�ty Manager
FIRST TRUST NATIONAL ASSOCIATION, formerly
FIRST TRUST COMPANY, INC., as Assignee
of the City of Fridley
By
Its
And
Its
RESOLUTION NO.
RESOLUTION CONSENTING TO AMENDMENT OF LOAN
AND BOND PURCHASE AGREEMENT RELATING TO
LAMAUR, INC., INDUSTRIAL DEVELOPMENT REVENUE BOND
11
IT IS HEREBY RESOLVED by the City Council (the "Council")
of the City of Fridley, Minnesota tthe "City"), as follows:
1. Recitals.
(a) Pursuant to a certain Loan and Purchase
Agreement, dated as of March l, 1982 (the
"Agreement"), the City issued its Industrial
Development Revenue Bond to assist in financing
a project undertaken by Lamaur, Inc. (the "Company").
(b) By letter dated February 25, 1988, the
City has received a request from Norwest Bank
Minnesota, N.A. (the "Bank"), to consent to a certain
amendment to the Agreement. The Bank has represented
to the City that it is the owner of the
above-described bond, and the Bank has also forwarded
to the City a certain letter dated February 12,
1988, from the Bank to the Company setting out the
terms of such amendment (the "Amendment"). The
Amendment has been executed by the Company and the
Bank.
2. Consent to Amendment.
On the basis of the foregoing,
to the Amendment and authorizes the
execute the same on behalf of the City.
Adopted this day of
by the Fridley City Council.
the City hereby consents
officers of the City to
��
11A
T0: NASIM QjJRFSHI , CITY I�iAGIIt
F�tOM: RIC��ARD D. PRIBYL, DIRDCTOR OF FINANCE
R�GARDING: R�aOLUTIOI�i TO E}�7C�E A i�v�►IVER/Lh'lTER OF AGRE�1'P
DATE: APRIL 13, 1988
ATTA(�I.m YOU WILL FIND A LElTER AND RESOLUTIC�i ZHAT JAMES 0' ME,ARA HAS
PREPARID FOR THE COiJNCIIS P,�TI0�1. THE R�QUEST FOR THIS AGTIOl�1 HAS COME
FROM NORWEST BANK �A, SO AS TI� CITY CAN F.}�CtYrE A CERTAIN
WAIVER/LE'ITER OF Af�GRE�IDdT. THIS AGREF�IT IS JUST AS IS STATE[) IN
JIMS LE,'I'I'ER , BE'PWEIN THE BANK AND LAMAUR AND IT AMINDS CERTAIN ITE�IS IN
THE IDB FINANCING THAT THE CITY DID FC)R LAMAUR IN MARQi OF 1982.
ATTAGT�D AISO YOU WILL FIND THfi LETI�t FROM J�'.S T. VOISS, ASSI5TANT
TREASURII2 FROM LAMAtIR REQUESTING OF NORWFST BANK, 4�I0 IS TI-iE TRUSTEE,
THAT THE'Y ALIAW THE REQUESTED C.HANGES TO BE MADE . NORWEST AG�F.F� TO THE
QiANGES AND HAS PROVIDID THE �IVER/LEITIIt OF AGREF��IVT FC)R US TO SIGN
OFF ON AIANG WITH THE TRUSTEE AND I,AMAUR.
THE CHANGES WERE RDQ[JESTID BY LAM�TR BECAUSE THE'Y WF�2E TAi�i OVII2 BY
D(7W CHF3�JICAL COI�ANY, AS A SUBSIDIARY Zi�'Y ARE NO IANC'IIt REQiJIRID TO
ISSUE 10Q REPORTS OR TO HAVE THEIR FINANCIAL STATII�VTS CERTIFIID.
7.�-IE'SE ITEN6 ARE REQUIRID BY TFIE IDB, THE'Y ARE REQUESTING A PEf2�NIIVT
WAIVgt OF Tf�SE ITII�lS .
Narraew J. Lev�rt
COLE OLOLC@
Roeser M.Howcx
RoseaT G. Sa•e*
Bcrtr E. Swa_vsox
�f.J. Gsi.vtr, Je.
D.vin G.Foaseaeo
JOH.`� •). �"�CSELII
Me've:L V. Semoca,Je.
Jaser F. Rore�r
Taeer+ce �. Don.e
ii1CHAHD $. �{7LS
Joav L. Davira7
BoNSi.n L. Soae.�sox
Petea H.Seen �
Ssxcai L. Hexsox
Roxu.0 E. Oacasen
Jotnv Teovea
STSraarr WtxanGH
Avaox L.Goanox
J09N R. KENEPICH
Taobes A_Leasox
DA"ID J. SPENCEH
Dexizi J. C,oLe. Je.
DOUO1dS L. SHOB
!KccxeeL H..Jeaovixvs
R.Scorr Devles
J.Peraice �fcDevtrr
JOHX B.VAF DL Noers,Ja.
Ricasan G. Msaa
Arme� G Ssi.ner�
A.une� C. Becase
Jerraar J. lissrs
Jsuss E. NnsoN
Jeaoxs A.Gzts
Sreve A.Baexn
Josi ft. Garresatsx
Rsaw L. Wius
AtaN H. Msc••**
JEPPBEY F. SHAM
1KATIHHM (.. iBVITI
Dsvta G.Gaeaxuro
Devw B. Serm
Josera P. NoscB
CaeaLes R. Hsxr�oe
Axnaes �f. Hoxn
7ixoTar P. Fi.easan
:�fsarvy H. FTSa
Roscar J. Peerra
Joxx BvLraxs
Jexes G. Res
Ricxeen H. Msa?iv
Tacns .J. H"�, •
i�iAHY L.IPP6L
Jenses A.VOSe
Roarv L. Hevsax
LAW OFFICES
BRIGGS AND MOBGAN
P80FESSIONdL ASSOCIATION
2200 FIBST NATIONAL BANH BUILDING
SAINT PAUL, MINNESOTA 66101
TELEPHONE 1618) 291-1218
TELECOPIE& �6181 2L2-4071
INCLUDIN6 THE FOEMEB FIgld OF
LEVITT, PALME$, BOWEN, EOTMAN & SH.ABE
April 5, 1988
Richard Pribyl
Finance Director
Fridley Civic Center
6431 University Avenue
Fridley, Minnesota 55432
Roaexr E.woons
WiuuY J. Jos.ris
?Lao�ser K Ssv�oe
Jos.v H.Etuxonoa
Heu.v G. Btttsu
Tornr Sra�taoea
Ms� E. Sca�rrvaQ
�iICH�El H. S1RL76i
Jo� H. Lt.vasreor
Ricsean D. ixnrs.sox
Ss�.�.r 9. Sc000v+
Devia C.>1cDoxet.0
BBQCE W. NOO1T
:1.ivaew R. fUvrev�eoes
Faeuesica P. Ariosz
Roeear L.Lea
A.vN HC`/TRODS
GseooeT J.Sraxxoa
Caee7.as B. Roosxs
Teear L. Scra
M.eaa�+ F. wesaear
Mear N. Dsascra
Peretca N.Gwasr
iixorer E.>teeu
CREHYL !1. THOMAS
KEVIN A.Heao
Meae Scasoenes
�S. Beioin McDoxocoe
Re: Request for Consent to Amendment of IDB Loan
Documentation for Lamaur, Inc.
Dear Rick:
11B
�ficas�n. J. Gai�as
MsB�sat N. Dcas�
CHBLSTOP88$ C.CIS3LHD
Velvcr D. A�r�sox
Micasa� J. ?ScE�.usrsaY
LscaaY �. Fitau.4
Ps�z S.J�coasep
COLLC6Y V. $HOHS
Du.ve J. �exca-Baxsx
�zv. T. Bcatas
Scs�x B. Tao�•<
Ttaorat J. Krexex
EOBRHI L. S7E@UP
�Sica�eL rao�us xiu.ea
Cegws R. CeaeesOCCUo
[taisrnr S. Nscsr ,
Ec�+� L Osrnt
I(ava J. Hn+�zsa
Rure .i Ks, �•�
Vnacsxc A.Taoxw
DLse J. F:erz
N�trcr J. Wa.r
Daxwcs L A•�,
ANDBHA ?i. NAC9N6IE8
Psretca T. Sc�u.r
Duxa B. Lrrcg
or cocvseL
J. �EIL XOH10N
Runeen E. Krce
Jot[.� N. Psixea
SemctL H. �foaos.q
Fs,,.•ra v. caea.y
1.Lwcaexce Dsv�s
Cuacxcz G. Feuts
Fswttc flsxMalm
Leoveaa J. Kcras
Joxx M.Scuiv�x
By letter dated February 25, 1988, from Michael Krutsch
of Norwest Bank Minnesota, the Bank requested the City to
consent to and execute a certain Waiver/Letter Agreement,
dated February 12, 1988.
This Agreement is basically between the Bank and Lamaur
and it concerns amendment of certain terms of the IDB financing
which the City did for the benefit of Lamaur in March of 1982.
Mr. Krutsch has sent me a letter dated March 15, 1988,
indicating that Norwest Bank Minnesota is currently the owner
of the underlying bond obligation.
Please find enclosed a short resolution for the City
Council's consideration which would consent to this amendment
and authorize the execution of it by the City.
Assuming that the City Council approves this resolution,
the City could then execute and return to Mr. Krutsch the
February 12 letter agreement.
2270 !�iN WOHLD TRADE CENTEE
SAINT PAQL, MINNESOTA 65101
(812) .°-BI-1213
2E00 FIBST NATIO?dAL HANH BIIILDIN6
SAINT PAL•L, �fI*TVESO'fA 66101
�ei2� ze�-i2ta
8-100 IDS CE�iTEH
MINNEAPOLIS, MI�'�IESOTA S6q09
19121 33B - 0991
BRIGGS axn MOI3GAN
Richard Pribyl
Page Two
April 5, 1988
Please call me if you have any further questions or needs
in this regard.
Very trul�y ours,
�' -�. �
:�'��'�
J mes P. Oi Meara
JPO : cf
Enclosures
cc: Michael Krutsch/Enclosures
11C
Lamaur Inc.
P.O. Box 1221
Minneapolis, Minnesota 55440
612/571-t234
LAMAUR
January 29, 1988
Mr. Michael W. Krutsch
Assistant Vice President
Norwest Bank Minneapolis, N.A.
Eighth St. and Marquette Ave., MS 2308
Minneapolis, MN 55479
Dear Mike:
As we discussed on the telephone, Lamaur is now a subsidiary of Dow
Chemical Company. As a subsidiary we no lunger issue lOQ reports and no
longer have our financial statements certified. As these reports are
required by the IRB agreement, we are requesting a permanent waiver of
the requirement to provide this information to you.
We are also not meeting the covenant which requires the ratio of Maximum
Total Liabilities to Net Worth to not exceed 1.0 to 1.0. The ratio is
1.245 to 1.0 at 12-31-87. We are also requesting a waiver of this
covenant as of 12-31-87 and throughout 1988. The extreme disruption and
cost resulting f rom the hostile Alberto Culver bid and the subsequent
merger with Dow have resulted in our inability to meet this covenant.
Profitable operations in 1988 should enable us to meet this covenant again
by the end of the first quarter of 1989.
This should encompass all of the waivers that we will require as a result
of our merger with Dow Chemical. Thanks for your attention.
Sincerely,
� ytL•-----�
ames T. Voiss
Assistant Treasurer
JTV:005bjw
cc: W. Johnson
0. Egan
Dow Consumer Products Inc.
9550 Zionsville Road
P.O. Box 68511
Indianapolis, IN 56268
Shipping Address:
5601 East River Road
Minneapolis. Minnesota 55432
FE8 0 � �0$9
M.�.
11D
CITY OF FRIDLEY
PETITION COVER SHEET
Petition No. 2-1988
Date Received February 25, 1988
Object New 20 inch water main and North par�cing lot entrance improvements.
FMC Corporation (Northern Ordnance Division)
Petition Checked By Date
Percent Signing
Referred to City Council
Disposition
12
J
FMC Corporation
Ncr?hern Ordnance Division
4800 East R�ver Road
M�nneapo��s M�nnesota 55421
(612) 571 9201 Telex 29 0432
17 June 1987
M27273-G5
Mr. John Flora
Director of Public Works
City of Fridley
6431 University Ave. NE
fMC
Subject:
New 20 inch water main and North parking lot entrance improvements
Based on the requirements discussed below and the drawings submitted by
your office for FMC review, authorization is given to proceed with the
subject work.
PROJECT DETAILS:
1. The city will install a new 20 inch water line along the south side
of 51st Way. FMC will be assessed the cost of an 8 inch main.
2. The city will perform work necessary to move and renovate the North
Parking Lot entrance. FMC will be assessed the cost of these
improvements.
3. FMC will be paying the assessments from 1 and 2 above with Navy
Capital Maintenance funds.
4. A preliminary project cost estimate for the north parking lot
entrance improvements will be submitted to FMC.
5. A final project cost will be submitted to FMC prior to project
construction phase. Contract costs and plans will be made
available for FMC review.
6. FMC waives the right for a public hearing.
7. The city must obtain all easements for the subject projects.
CONSTRUCTION DETAILS:
12A
1. Provide two 20 x 20 x 16 inch tees with valves, valve boxes and
blind flanges for future FMC water service main. Exact locations -
to be staked prior to construction.
�:��•: �x�
�. r.
�� �.
12B
2
Mr. John Flora
M27273-G5
17 June 1987
2. Provide five fire hydrant connections into the Navy property at 400
foot intervals. Exact locations to be staked prior to
construction. Dry-barrel traffic type hydrants installations shall
include valves, valve boxes and thrust blocks. Installation in
accordance with the requirements of NFPA 24.
3. Complete the necessary roadway improvements as identified in the
drawings submitted and discussed during our meeting at your office
of 21 May 1987, except landscaping. Site improvements include
curbing, parking lot curb cut, 60 foot median island, paving,
fencing and gate.
Thank you for your cooperation in this matter. Please keep us advised
of your project schedule so we can make the necessary arrangements on
our end.
FMC CORPORATION
Northern Ordnance Division
���
Barrett ussig
Vice Pres'dent/General Manager
cr/2089g
Parks
Streets
�Maintenance
MEMORANDUM
TO: Nasim Qureshi, City Manager
FROM: John G. Flora, �Public Works Director
DATE:: April 14, 1988
SUBJECT: Street Improv�nt Project ST. 1988 - 1& 2
pwss—ii�
We have been working with the Depart�c►ent of Navy, River R�ad Business Associates
and the Burlington Northern Railroad to obtain petitions for the improv�nent
of 51st Way. The Depaztment of Navy Representative and tt� River Rbad Business
Associates indicate their petitions for the inprov�nent waiving the public
hearing are forthccsning.
Jc�'/ts
0
13
•
�. �
CITY OF FRIDLEY
PETITION COVER SHEET
Petition No. 8-1987
Date Received September 8, 1987
object Improvements to Rapid Oil Change property, i.e.,
7315 Highway 65 Northeast
Petition Checked By Date
Percent Signing
Referred to City Council
Disposition
m
14
14A
����`�':�`.�.li �13 .��.r'�►,1.��
� � 'D � ?�1��`�
September 4, 1987
Mr. John G. Flora
Public Works Director
City of Fridley
6431 [iniversity Avenue Northeast
Fridley, I'II� 55432
Dear John:
Tl-�is letter is to inform the City of Fridley that Rapid Oil Change, a Division of
Ashland C�il, Inc. has a contract on the pr�perty located at 7315 Hwy 65 N.E.,
Fridley, I�I (see legal description attached).
As contract holder on the above property, Rapid Oil Change hereby requests that the
City of Fridley make the following improvements to said property:
1. Widen Viron Rd. by 7' to the West, fram 73rd Avenue N.E. to the
nort.h side of 73-1/2 Avenue N.E., installir�g new curb and
gutter along the west side of Viron Rd.
Z. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viron Rd. and deed the
property to Rapid Oil Change, a Division of Ashland Oil, Inc.
3. Rcm�ve all bituminous pavement and curb and gutter frc�m that
section of 73-1/2 Avenue N.E. lyir,g between Hwy 65 and Viron Road.
4. Rough grade that section of property where the pavement has been
removed to meet adjacent highway right of way ditch grades and site
grades as established on site plan to be furnished by Rapid Oil Change.
5. Adjust the elevations of all utilities in the vacated section of street
where necessary to match the proposed grades as furnished by Rapid Oil
C►-�ange .
6. Install new curb and gutter along Viron Rd. as required in that section
of 73-1/2 N. E. newly vacated.
7. Make necessary shoulder and ditch modifications as required by MnDGT.
8. Secure all necessary and required constYUCtion easemer�ts and permits
required bY MnDOT and any other City, County or State agencies having
jurisdiction.
COFPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS, MN 55408 •(612) 827-2541
DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OIL, INC.
September 4, 1987
P�e 2
In ret,urn for the above i.mprovements, RaPid Oil Change, a Division of Ashland Oil,
�lnc. agrees to allow the City of Fridley to assess against t,he propertY that amount
of monies necessary to FaY for the iunprovements. It is our understanding that the
City of Fridley estimates this cost to be $10,300.00
�apid Oil Change, a Division of Ashland Oil, Inc. hereby waives its ri.ght to a
public hearirig or, the assessment for the above imProvP.ments .
Respc�tfully,
RAFID OIL CHAI3GE
''�� �
Mark J, ilbertson
Pro j ect Man�er
MJG; ia
cc: Jim Robinson
, .
. � �
�l��i��J.� � �.r'.1r�i�,�I::�L.� �
�.� � �.br V�al � �.r�ii~�vi.�
��tClClt�Y' .��.v � 1937
t':2". �TU}1.Y1 G. Fl�ra
Fti�tlic Wvr�s Uir�.tor
City uf Fridley
6431 t�nivcrsity Aver.ue I3. E.
Fricl?zy, I�V 55432
Re: Fro�sed Rupid Oil Char,�e
7315 Hwy 65 N. E.
Fridley, rII�i
Dear Mr. Flara:
Rapid C�il Ghange, a divisior� of Ashland Oil, Ine. , ha� a contract to purcr:ase t'r��
above refer�nced site.
14C
L�uring our effarts to obtain a sp�•ial u�e �rmit �r�d t,uilding pern,it for th� a'3�ve
referenc� site, we have: gr�.nte+� thE City an e.�sement alor� thc er�tirE east s�de o�
a�r site. At the City's request, petitianed for the vacatic�n af 73-1/2 Aven��� N. E.'
ar�d �sgreed to be a�ses�xl for the casts associated witri tx�th widenir,g Viron R�,G,3 aY��
1^F'IpC�VLr�g th� pavement, gradirg, adjustirg utilities and iristallation of an �
irrigatian sy5tem an� la.nd�ca��ing in the vacat«rd p�,rtion of 73-1/2 Avern�E N.E. It �
is � ur� ez•star:dir.g that thc City estimates thA asses�m�nt foi• arx:,vE work tc t�
,� Qp . , ariich wF have ag��eed t,� .�
At th� City Cc�L:r�cil m�ti� on ���tembzr 14, 1987, the City Couricil, in an at,trmpi
to allevi�stt tra�fi� congP�tior:s when 73-1/2 Avenue N. E. is fix:ally cicsed ��fT,
r��u�sted an addit�onal 20' off the x�uth end of our prc�perty f��r the pu�sF of
widenL:g 73rd Avenu� N. E. to acc��nunodate the in�rEaszd traffic flaw.
F�pid Oil Chasige will �reE t� grant the City of Fridley a 2C1' e�s�ax�nt al�rsg ±.he
�outh er�d af aur pro��rty for tr:e purpose of widenirg 73rd Av«�nue N.E.
CORPORATE OFFICE • 3041 4th AVENUE SOUTH • MINNEAPOLIS. MN 55408 •(612) 827•2541
DIVISION OF VALVOLINE OIL COMPANY • DIVISION OF ASHLAND OII, INC.
14D
Due to the additional costs to be incurred by Rapid Oil Change for the va��tion of
73-1/2 Avenue N.E., and widening of Viron Rd., Rapid Oil G7�a*�ge has had to scale
t�ack the siae of facility we intended to build on the site. If there'is to be a�
additional a:�sess:nent against t�-se property tc� cover the cos � t�s�cx:iated with
Wi�3�ning 73zYi Avanue N. E. whet�:er now or in the fu+ure, Rap�d Oil C'tlar�e will have
n� ehoiee but tc> walk ataay fr�xn tr,a site. We w�uld pref�r tc� w��rk wit•h th� City te
ste thi�• corner rede�elopc-c.' t�ut du-� tc the econvmic�s, the groject cannot stand on
it8 Gw71 ��T'1� Wl�l ar►v additional costs .�u rather th�si �tart a pi•oje��t wliict-, F:oulcl
be a l�si.�g pm�?�it.�c�n f�riancially, we w�ll have to �Ilow aur optic.�r� vii tl��.
pr�pert;� to ea•pire. To rt.itrra*..e Rs�id Oil C�-iange carr�ot �rc-�: t�� an1- fu2�::�:•
a��se�sm�nt�� a�r���e and Y�yond tt;� $1C , 3C1C1. (10 �7e r��ve alz-�33y �;r�.� to .
If yau ha�:e any que�t.i��i� or com�r.�nts, ple�e fee frc.� te contact m� at 827-2��4�.
Fe�pectfully,
R�DID OIL CHP�yGE
.�
Mark J. Gi1L�ertson
Prc,jh,t. M�r�a�er
MJG/la
cc : Jim Robinson
Jock Robert�on
Iv�im Qureshi
0
crrx or �xznT �r
P�TITION COVER SHEET
Petition No. 5-198t3
Date Received March 'L3, 1988
Object Northwest Racquet, Swim and Health Clubs, Inc., requesting
improvements on Rice Creek Road and agreeing to participate in
the costs.
Patition Checked By Date
Percent Signing
Referred to City Gouncil
Disposition
15
PETITION AND AGREEMENT OF ASSESSMENT
AND
WAIVER OF IRREGULARITY AND APPEAL
This agreement is made this �� day of March, 1988 between
the City of Fridley, State of Minnesota (hereinafter referred to
as the "City"), Northwest Racquet, Swim and Health Clubs, Inc.,
a Minnesota Corporation, (hereinafter referred to as "Northwest"),
Moore �ake Associates, a Minnesota Partnership ihereinafter
referred to as "Moore Lake"), and Shorewood Plaza Partners
(hereinafter referred to as "Shorewood").
WHEREAS, Northwest is the owner of certain real property
which is described in Exhibit A(hereinafter referred to as
"Parcel A"), Moore Lake is the owner of certain real property
which is described in Exhibit B(hereinafter referred to as
"Parcel B"), and Shorewood is the owner of certain real property
which is described in Exhibit C(hereinafter referred to as
"Parcel C") and,
WHEREAS Northwest, Moore Lake, and Shorewood seek to have the
City construct certain public improvements which will benefit
their resQective properties.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. That Northwest, Moore Lake, and Shorewood, the owners of
not less than thirty-five percent (35$) in frontage of
real property abutting on Rice Creek Road between Central
Avenue and Highway 65 in the City of Fridley hereby peti-
. tion that the City construct the following improvements
along said street pursuant to Minnesota Statutes Chapter
-1-
15A
429: street realignment, street widening and upgrade,
relocate power lines underground, install street lights,
decorative bikeway lights, bikeway/walkway, sanitary
sewer, storm sewer improvements, retaining walls,
irrigation and landscaping, all of which work is
more fully described in City of Fridley Street
Improvement Project No. ST 1988-1 & 2(hereinafter
referred to as the "Improvements").
2. That Northwest, Moore Lake, and Shorewood waive any right
to a public hearing on the Improvements as provided for
in Minnesota Statutes Sections 429.011 to 429.111.
3. That Northwest, Shorewood, and Moore Lake agree to pay
assessments to the City in the following amounts and to
be charged against the respective parcels as follows:
Parcel A: $199,500.00
Parcel B: $399,000.00
Parcel C: $ 66,500.00
for a total assessment of $665,000. The payment of these
assessments shall be aver a period of thirteen (13) years
with interest thereon at nine percent (9$) per annum,
beginning January 1, 1991. The first payments will be
du� in 1991. Payments will be equal amounts with final
payment due in 2003. Payments will be due in s
installments at the same time that real estate taxes
are due.
4. Northwest, Moore Lake, and Shorewood expressly waive any
right to hearing on the assessments.
5. Northwest, Moore Lake, and Shorewood expressly waive
-2-
15B
15C
objection to any irregularity with regard to the improve-
ment assessment and any claim that the amount levied
thereon against any of the parcels as excessive, together
with waiving any and all rights to appeal in the Courts
as provided under Minnesota Statute Section 429.081.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and year first written above.
15D
NORTHWEST RACQUET, SWIM AND
HEALTH CLUBS, INC.
�' 1 • �
By : � � ��k'`-
Its: ' 1 '��
MOORE
By:
Its
By:
Its Ge
STATE OF MINNESOTA)
SS
COUNTY OF f„� � )
T
ZA
1 Partner
;The foregoing instrument was acknow edged before me t is
:?-� �day of March, 1988, by �.o�.Q1� .� �•..4-� , the
of Northwest Racquet, Swim and Health Clubs, Inc., a Corporat' n
under the laws of Minnesota, on behalf of the Corporation.
MnrN✓W�Nv�MNJ�M�NN.ti�V�M.IJNMM= ' J
� /o '� RGf,,u,c! LE 1. St;'-Ci���:E4 � , �
�'a�"' Nvi:,t,`i i•l�;t `� '• ii:`.7cLCTA `.
STATE OF MINNESOTA�':�.?� p,�.;��!;;��,�;t,r y
� �$ ;:r„ ��:��;:u��� �<_!r': i::,. >', i���'. >
COUNTY OF `�(..�`���'1���,.,.�:vr�,..J'I�.��,VJ�.J..1'. ..�...���
n��'he foregoing instrument was ackn e� qed before me his
�° day of March, 1988, by . �� o >�i , t�re � �
of Moore Lake Associates, a tne s ip under the 1 ws of
Minnesota, on behalf .a€-ftk�e�;Pa��tnership�-
.�- M�uhDa K. Ci,�2� l; �� z .� 1
�� NOTARY PUBLiC--;:tl�i,'.e; " � ' / �
RAMSEY C�UN i Y
�� MT COMM. EXPIRES AUG 20, 19 LL � , � �
STATE OF
COUNTY OF
MINNESOTA)
� a �.,��s= ) S
�
The foregoing instrument ` s ack �dg�d before me� is
�'? day of March, 1988, by orn ��., �. tke c� ,;I �.�.�
of Shorewood Plaza Partner , a Partner p under the aws of
Minnesota, on behalf of, _„
�+�. MEUNDA K. CARDINAI / �
� NOTARY PUBUC—MI E50 C I i
��: RAAASEY C�UNT�
MY COMM. EXPIRES AUG `� �'` ��'ti
•• ........,."' --- -
THIS INSTRUMENT WAS DRAFTED BY:
Herrick & Newman P.A., Suite 205
6401 University Avenue N.E.
Fridley, Minnesota 55432 (612) 571-3850
EXHIBIT A
Lot 1, Block 2 and Lot 2, Block 3, Shorewood Plaza
15E
EXHIBIT B
Lot 1, Block 3, Shorewood Plaza
15F
EXHIBIT.0
15G
Lot. 1. Block 1, S}iOREWUOD PLAZA� situatPd in A��alca C�unty, h1ii���esut.a
'I'o�°t}�er With t;}�at part ol 'fract C� Reqister�ci L�►�d Survoy tJumbei• lU(). lyii��
SouLli of a litie parallel with and distaiil.�,^�1�eL1 uSPVoSernment Lotl2e SecLio�F�i
as falloc�s: Commencin� at the i�orttieasl.
^3a. E31
13, 7'oWnsliip :�U, Raii�e 24; tl�en��c: Wesl.. �+.lr,n� the »ortl� lin? L•liereof. •.
feet; thence to fi,he lef C on a �anPenLi�+ I C��rve liaviri� a t•adius oS 'L:3U. (lU LPeL'
an•d a de1La an�le o£ 59 cte�rees 2�1 rnii��.il.��=� a disl.ai�ce of 23a.15 reeL. �I1P11Cp
soul.liNesLerly� tangei�t l.o s�id' c:urve :i�'1.71 L'eeL; Li�eiice to i:l�e ri�liL �loii� �
i:an�e�►t,ial curve• havi�i� a radius of 23U. UU feet and a delta angle �ry11�nt���L�PH
16 �nitiuLes 4U seconds a clist;ar�ce o[ 2�U. Q() �eet; L1►eiic.e w�sterly�
said cuc•v�:, 423.78 ieeL, mO�;e or less. 1.� Lt�e easterly li�ie oT Sl.al.P Il.i�l�uay
No. 65 as �l�e 53tn6 15 t�ON I�a�C�iOUI: at�J c:u»structed. .
_�
t
That part oi the SouthNest quarter of 3ection 13� Township 3U; Rnnge 'L4� lyintq
East of a line drawn 30 feet East of.the Easterly line of�State Hlghway No.
65� as the same is now laid out and constructed� and south of the South line
of Moore Loke Nighlnnds 3rd Addition and the same extended Easterly, and lyin�
north of the folloaing described tract: That port oY Government Lots 1 nnd 'L�
Scction 13, Township 30, Range 24, Anoka County� Minnesota� lying 33.0 feet on
each side of the following described center line; Commencing at the Northeast
corner of said Government Lot 'L, Section 13� Township 30� RanKe 'L�; thencc
West along the North line thereof 238.81 t'eet; thence to the left on n
tangential curve ha►ving n rndius of 23U.0 feet and a delta angle of 59 degrees
24 minutes a distance of 238.45 ieet; thence SouthwesterlY tan�ent to snid
curve 527.71 feet; thence to the right alonq a tnngentiul ci�rve having u
rndius ot' 23U.0 feet and o delta angle of 6'L degrees 16 minutes �IU seconds a
distance of '150.0 f'eet; thence westerly tangent to said curve 423.78; more or
less. to the Easterly line of State Hi�lhwo.y No. 65 ns the same is now lnid out
nnd constructed, being a pnrt of Lots 1Ei nnd l7� Auditor's Subdivision No. tit3,
Anokn County� EXCGP7'INC therefrom ttini part thereot' included•in the folloaina
deacribed "Tract A",� Which hns,heretot'ore becn deeded to the City oi' Fridley.
"Trnct A" iA described us followa: All that pnrt of l,ot 17, Auditor's
Stibdivision No. 88, being that pnrt of the Southwest Aunr�er of Section 13�
Township 3U, Ronge 'lA� Anoka County, Minnesota, deacribed as follows:
13eKinninq nt a point in the Southwesterly line of Lot 1� bloeJc 'L� Moore L,nice
Highlanda 3rd Addition� diatant 3U.0 i'eet Northwesterly of the Southenat
corner of said Lot 1; thence Southeasterly to soid Sout;henst corner; thence
South to u point in Lhe South line of the SouthNeat Ruurter oi' said Section
13� distunt 625.0 feet West of the South Ruurter corner ot' snid Section;
thence West along the South line thereof a distance of '15U.0 t'eet; tiience
North nt right angles to the lnat described line a distr�nce of lOU.0 f'eet;
Lhence East and parallel to said south line u distunce of 150::U feet; thence
Northensterly a distance of Sti6.t31 t'eet� more or less, to the point ot
beKinning. �
Together Nith nn easement i'or road purposes over that pnrt of the t'ollowing
described trnct, which lies Westerly of above described "Trnct A": 'Chat part
ot' Government Lots 1 and 2� Section �l:i � Township 3U, Range 'L4 �.Qnolca County�
Minnesoto, lying 33 feet on each side oi' the following described center line;
commencinq at the Northeast corner of snid Government �ot 'L� Scetion 13,
Township 3U� Ran�te 24; thence West alortg the North line thereof' Z3ti.t31 feet;
thence to the left nlong a tn�gentiul curve having a rudius of 'L3U.0 t'eet and
a deltn c►ngle of 5y degrees 'L4 minutes A distance of 238.45 i'eet; tticnce
southwesterly tan�Sent to said curve 5'L7.71 feet; thence to the riKht nlon� n
tangential curve having s radius of 23U.0 feet and a delta anKle of 6'L dettrces
16 minutes 4U seconds a distnnce of 25U.0 feet; thence Westerl.v tan�enL to
said curve 4Z3.78 i'eet, more or less� to a point which is 3U feet East ot' the
Ensterly line of State Nighway No. 65 as the snme is now laid out and
constructed� being a part of Lots 16 �and 17, Auditor's Subdivision No. iiti�
Anokn County, Minnesota.
�
0
16
crrx or �inr.�r
P�TITION COVER SHEET
Petition No. 6-1988
Date Received April 14, 1988
Object HRA requesting improvements on Rice Creek Road and agreeing to
par�icipate in the costs.
P�tition Checked By Date
Percent Signing
Referred to City Council
Disposition
�a� Na - �ss
�sa,vrioH x�ivn� a� �s,nu��Y Rs�a�rr, �ivn�c c�rr�
PSTITIONS � WAIVE A PQBLIC BSARING ON THB MATTBR OF THS
�NS1ZiUCTION OF CERTAIN IMPROVffi+IBN15 AND ORDL'RING A POBLIC
HF�RII� CN THE QONSTRUCTION OF CSRTAIN IMPRO�S : SZREB'r
PR�O�THCT N0. 3P. 1988 — 1& 2
�, the oonstruction of oertain impravenents is deemed to be in the
interest of the City o�f Fridley and the property o�wr�ers affected thereby.
1�.W, �1IItE[�tP'., B8 1T RFSCGV�, by the City Co�cil a� the City of Fr idl ey
as follaws:
L�at the preliminary report suLmitted by the Publ ic Works
Director is hereby reoeived and aooepted.
2. That the City o� Fridley has entered into an agreement with
Anoka Co�nty whereby Anoka Co�ty has agreed to gay for one-half
of the sic�al impravements at 51st Way and East River RQad.
3. 7.hat FMC has requested the City to construct certain road
improvenents on 51st Way which will imprc�ve traff ic flo�w into and
out of their enplvyee �rking area.
4. That FMC has petitioned the City to construct said road
imprwenents and to assess the appropriate share of the cost of
the improvenents to FMC and that FMC has waived their right to a
pukalic hearing which is allowed under the normal procedures set
forth in Minnesota Statutes Chapter 429.
5. �hat the U. � Navy has petitioned the City to costr uct said
road imprwenents and to assess the appropriate share � the aost
of the impravenents to the U. S. Navy and that the U. S. Navy has
waived their ric�it to a pu4lic hearing which is allaaed u�der the
ryarmal prooedures set forth in Minnesota Statutes C�apter 429.
6. That Marf ield, Belgarde & Yaffe Companies has petitioned the
City to construct said road improv�nents and to assess the
appropriate share of the oost c� the improvements to Marf ield,
Belgarde & Yaffe Companies and that Marf ield, Belgarde & Yaffe
Companies has waived thei r right to a publ ic hearing which is
allowed under the normal procedures set forth in Minnesota
Statutes Qiapter 429.
7. 73�at Rapid Oil QZange has petitioned the City to construct
said road impravenents and to assess the appropriate share o� the
�st oE the impravenents to Rapid Oil Change and that Rapid Oil
Change has waived their right to a public hearing which is
allowed under the normal procedures set forth in Minnesota
Statutes (hapter 429.
17
Page �+ro - Resol ut i on No. - 1988
8. That the City Clerk shall act to ascertain the name and
address of all other awners of paroels of lat�d clirectly affected
or within the area of lands as may be proposed to be assessed for
said improvenents, and calculate estimates of assessnents as may
be prop�sed relative thereto against each of said lar�.
9. That the area proposed to be assessed for said improvenents
and each of then as noted i.n said agreements and report of the
Clerk are all of the lands and areas as are proposed to be
assessed. 1�11 of the same to be assessed proportionately
according to the beryef its reoeived.
10. That the estimates of assessments of the Clerk shall be
avail abl e f ar inspecti oci to the awne r of any pa r cel of 1 and as
may be aff ected thereby.
PI�.SSBU AI�ID ADOPl'� BY THE QTY CXlCiK�I, Ol� THB QTY OF FRI�,EY THIS
DAY OF , 1988.
WILLIAM J. I�E - MAYOR
PaTEST:
3iIRLEY A. HAAA�ILA - CITY Q,ERK
� 6✓9/ 30
17A
Engineer��g
Sewe�
Water
Parks
Streetf
Maintenance
MEMORANDUM
TO: Virgil Fierrick, City Attorney
FROM: Mark L. Burch, Asst. Public Warks DirectAr
DATE: April ?, 1988
SUB.lECT: Specifications for 1988 Miscellaneaus Oo�crete
C1irb, C�tter and Sidewalk Contract
PW88-104
We have decided that it is not in the City's best interest to award a
contract to the lvw bidder on our 1988 Miscellaneous Concrete C1irb, f�.itter
and Sidewalk contsact due t� their lack of experience. We will rec,�cmend
tA the City Council at their April 18 meeting t1�at they reject all bids
and on�er readvertisemP.nt of this project.
Will you please review aur specificatirns for this project and recanre.nd
any c.hanges necessary tu protect the City fran future prablens with this
contsact.
r�,B/ts
AttacYment
•
�: �
:
18A
BID PROPO�SALS FOIt
1988 1�SCELLANEIOUS �IJQ2ETE Q1I�, Q1'I'IER & SIDIIn1ALR PRQ7EC�
WIDNFSDAY, N�►RQi 23, 1988, 11: 00 A. M.
I BID I TO'rAL I QONIl�'1�1'I'S
PLAI�iCLDER f BQVD I BID i
I I I
J& 0 Gen. Contrs. I I I
3314 Morgan Ave. , N. I 5$ I S 32,954.00 I
Minneapol is, M�1 55412 I I I
_I i I
Standard Sidewalk I I I
124 Meander Road ( 5$ I S 35,540.00 I
Golden Valley, N�I 55422 I i I
I I I
Halvorson Construction I I I
4227 - 165th Ave. , N. E. I 5$ I S 36,190. 00 I
Anoka, NH�i 55304 I � �
I I I
Concrete Curb Co. I ( I
771 Ladybird Lane I 10$ I S 38,340.00 I
Burnsville, l�i 55337 I I I
I I I
Lindahl & Carlson I I I
1821. University Ave. ,#245 I 5$ i S 40,286.00 I
St. Paul, NYV 55104 I I I
I I I
Northern - N I I I
P. Q. Box 275 I 5$ I S 50,910.00 I
Rock Creek, NIN 55067 I I I
I I I
Ginderson Brothers I I I
2325 SYyell ing Ave. , S. I 5$ I S 52,510.00 I
Minneapolis, NAT 55404 I I I
I I I
Thcmas & Sons Const. , Inc. I I i '
13925 Northdale Blvd. I 5$ I S 54,980.00 I
Rogers, NgV 55374 I t I
I I I
-2-
.
BID PROPQSALS FOR
1988 I�SC'�3S�ANk�7fJS O�NQtETE Q11�, C�flTgt & SID�in1ALR PRQ7ECT
W�TESLI�,Y, N!�„RQi 23, 1988, 11: 00 A. M.
I BID I TOTAL I CONIl�NI'S
PLANfiCLDER I BCt�ID I BID I
I I I
Arvon Constructian I I I
903 E. Fbrest I I NO BID (
Mora, NN 55051 I ( I
I I I
(bn-Curb I 1 !
Route 2 I I NO BID I
Watkins, I�3 55389 I i I
I I I
Independerit Curb Contract. I I I
4690 Penlcwe Way I i NO BID i
Eagen, N�T 55122 I i I
I I I
Knif e Lake Concrete I I 1
Route 3 I ! NO BID i
Mora, I�i 55051 I I I
I i I
Norsk Concrete Const. I I I
1115 Osborne Road I I NO BID I
Minneapolis, I+�3 55432 I I I
I I I
Paul.vo, Inc. I I I
547 West Co. E I I NO BID I
Shor ev iew, Nfl�i 55125 I I I
I I I
3/ 6110/ 14
m
CONSTRUCTION, INC.
3314 Morgan Ave. iJU.
MPLS., MN 55412
April 4, 1988
18C
Dear Gentlemen:
As to your request according to article A-1.4 of General Conditions
and specifications. My company is a new company having been in
business since 1984, we have not done any curb and gutter work
during this period, but have no problem with performing and
completing this job as to specs and plans.
As to Article A-5.1 of General Conditions you requested additional
information concerning my personal experience: I worked for a
company back in 1969-1975 called OMZ Construction, Inc. We worked
on basements, footings, foundations, curves, and gutters as well as
sidewalks, driveways and parking lots for the City of St. Paul.
OMZ is no longer in business and I have no way of contacting the
owners.
As to your request here is a list of some othe equipment owned by
me: trial, bull float, joint cutters, edges, broom, concrete forms
and stakes, hammer, saws, mixers, front end loader, back holer,
dump truck, jack hammer and other concrete tools.
Futhermore you asked if I had capital to complete the job, Yes
I have capital of 34,000.00 dollars.
Yours truly,
/
Wo ro Thompson-President
WOOOROW THOMPSON, PRESIDENT
0
R'6CLUiiON 1�IQ. — 1988
RFSQ�t�ION R�Il� ADVERTISEMENT FOR BID6; REMaVAL AND
REPLACEMENT OF MISCELLANDOOS CONCREl'S, CUR'B. C�3TTER A1�ID
SIDEi�1ALR - 1988
WHIItEi�S, the construction of certain improvements is deemed to be in the
iriterest c� the City of Fridley and the property awryers affected theretyy.
1�W. 7�IQtE1�0�tE� BE IT R�,VEa by the City Council of the City of Fridley,
Anoka Co�ty, Mirnesota as follavs:
L�at the follawing a.mprwenents praposed by Co�ncil Resolutions are hereby
ordered to be effected and co�nple�ted as required:
Renwal and replaoe�nent c� misoellaneous concrete curb, gutter
and sidewal k.
2. The plans and specif icatians prepared by the Publ ic Works Director for
such impravenents are hereby appraved and shall be f iled with the City Qerk.
The Public Works Director shall acoordingly pre�re and cause to be inserted
in the official newspaper advertisements for bids upon the making of such
impravenents �nder such apprwed plans and specifications. 7.he advertisement
shall be published for three (3) weeks (at least 21 days), and shall specify
the work to be done and will state that the bicls will be open�ed and considered
at 11: 00 a. m. on the 12th day � May, 1988 and that m bids will be oonsidered
unless sealed and filed with the Public Works Director. That the
advertiaement for bic� for REMOVAL AND REPLACEMENT OF MISCELLANEOUS QIRB,
Q,'TI'IIt AI�ID SIDEWALR - 1988 shall be substantially in the standard form.
P�1.S.S� AI�ID ADOPrED BY THE QTY �[TI�.',LL OF THE CLTY OF ERID�,EY THIS DAY OF
, 1988.
P�'rEST ;
33IRLEY A. HAAPALA - CITY CLERiC
3/6✓10/13
A
WII�LIAM J. NEE - 1�'�Yt�R =
: �
• •- � : �� � s•�
•�a�i � �� � �• • •;� a � -
i •:,+ • I?�1 •� •' }1 • ' �1 �:�'
1 1 � :r •
Sealed bids will be reoeived and publicly opened by the City c� Fridley, Anoka
Co�nty, Minnesota, at the oEfioe of the Pub�lic Works Director, 6431 University
Avenue N. E. , Fridl�, Minnesota 55432 tTel. 571-34503 on the 12th day of MAY,
1988, at 11: 00 a. m, for the furnishing of work and material.s for R@�VAL AND
REPLA�,EI►�TP OF IrIIS�LANmIJS Q�NGRIIE Q]R8, (�iQt, AI�ID SID�TALR
5 Eadl Pond Skuraners with Appurtenanoes
2, 000 Lin Ft. Misoellaneous Concrete Curb & G�ter
Renaval & Replaoement
1,000 �. Ft. Construct 5 ft. wide x 4 inch sidewalk
1,000 Lin. Ft. Concrete Valley Gutter
All in aocordanoe with plans and specif ications prepared by John G. Flora, .
P. E. , Public Works Director, Fridley City Hall, 6431 University Avenue N. E. ,
Fridley, I�IIV 554.�2 (Te1. 571-3450) .
Plans and specif ications may be examined at the off ice of the Publ ic Works
Director and oopies may be obtained for the Contractor's individual use by
apply ing to the Puhl ic Wor ks Di rect or.
Bic�; m�t be made on the basis of cash gayment for work, and accanpanied by a
cast► deposit, certified check (on a responsible bank in the State of
Mir�nesota) or a bic3der's bond made �yable without condition to the City of
FYidley, M�i, in an a¢naait o� not less than five (5$) per cent of the total
amount a� the bid.
The City Co�ncil reserves the right to reject any and all bids and to waive
any informalities in arly bic� reoeived without explanatio�n.
No bid may be withdrawn for a peria3 of thirty ( 30) days. !
By order ot the City Gotsicil o�E the City of �ridley, Mir�esota.
Dated the �$� day o� �$Ty, 1988.
Pu!]1 Lshed:
3/ 6/ 10/ 5
. - �...
April 20, 1988
April 27, 1988
May 4, 1988
3ohn G. Fl or a, P. E.
AJBLIC WQtI�S DIREC��OR
• � -� � •,� - �
April 22, 1988
April 29, 1988
May 6, 1988
: �
MEMORANDUM
19
TO: Johr��� j,F ora, Public Works DisectAr PW88-105
C. ��
FROM: Clyde V Nbravetz, �gineering Administration
DATE: April 8, 1988
SUBJECT: "No Parking" on East Sic1e of Hayes Street betw�en
73� Av�nu�e and Onondago Street
At.tached is a petition received requesting the rc�r�val of the "No Parking"
signs refexenced abave.
I believe these signs were requested years ago prior to Onan expanding
their parking facilities and Onan e�loyees and visit,prs parlcsd on 73rd
Ave. and Hayes St.
The Petitioners are the vwners of th� properties as referenced � the
petition lett�er. Six of the seven owners affected have signed (as noted oaz
tYbe attahced map) .
I suggest that the signs be ren�ved as there is no further need for th�n.
CVM/ts
Attaci�ame.nts
�
� •. � �
CITY OI' FRIDLEY
P�TItION COVER SHEET
Petition No. 7 -1988
Aat� Received �q�rch ?1.. 1.QR�i
Object '�jy0 p�r�<;nq�� Ofl F�St ��('•Q of Ha.Y?i Stre�� (1Pfi�AIPP.iI
73rd AvPn��? and Ono�c�aq� �treQt
P�tition Checked By
Per.cent Signing
Referred to City Council
Disposition
Date
l ' '
,
�
Msr•ch 21 r 1988
19B
riark Burch
City of Fridley
City Enqineering Department
We the undersigned residents of the "1300 block of Hayes Street N.E. in
Fridley request the removal of the NO PARKING signs located on the east
side of the street.
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�' FOR CONCURRENCE BY THE CtTY COUNCIL -- LICENSES
April 18, 1983
Type of License: B� Approved By:
Fees:
AUCTIONEERS
Quickie Auctions David Christian James P. Hill $20.00
22895 - 141st Ave. Public Safety Director
Rogers, Mn. 55374 �
BILLIARDS
George's Restaurant Am. Amusement Arcades James P. Hill $130.00
3710 E. River Rd. Public Safety Director
Fridley, Mn. 55421
V.F.W. Post 363 Merle Sheffield James P. Hill $$40.00
1040 Osborne Rd. N.E. Public Safety Director
Fridley, Mn. 55432
BOWLING ALLEY
Plaple Lanes Bowling Center Fridley Rec. & Richard Larson $360.00
631d Hv�y.65 N.E. Service Co. Fire Inspector
Fridley, P1n. 55432
CIGARETTE
Bill Johnson Standard Willis D. Johnson James P. Hill
Service Public Safety Director
5311 University Ave.N.E.
Fridley, P1n. 55432
Carter-Day A& J Enterprizes James P. Hill
500 - 73rd Ave.P1.E. Public Safety Director
Fridley, Mn. 55432
Fina Am.Petrofina Co.of "
7298 Highway 65 N.E. Texas
Fridley, P�n. 55432
Fireside Rice Bowl Oliver Tam "
1160 Fireside Or. N.E.
Fridley, P1n. 55432
FMC Corp. Canteen Co. "
4800 E. River Rd.
Fridley, P1n. 55432
Fridley Country Boy Country House Inc. "
6501 Central Ave.N.E.
Fridley, Mn. 55432
Fridley Warehouse Annex Am. Amusement Arcades "
6289 Highway 65
Fridley, Mn. 55432
�� ��
�� ��
�� ��
�� ��
�� ��
�12.00
$12.00
$12.00
�12.00
$84.00
$12.00
$12.00
1
,= FOR CONCURRENCE BY THE CITY COUNC{L -- LICENSES
April 18, 1988 Page 2
CIGARETTE CONT.
George's Restaurant Anthony G. Nicklow James P. Hill $24.00
3710 E. River Rd. Public Safety Director
Fridley, Mn. 55421
Grocery Hut Ken-Ray Prop. Inc. " " � " $12.00
7899 E. River Rd.
Fridley, Mn. 55432
Jet Kayo Oil Co. " " " $12.00
7600 U,niversity Ave.N.E.
Fridley,� Mn. 55432
Knights of Columbus No.Air Home Assoc. " " " $12.00
6831 Highway 65 N.E.
Fridley, �1n. 55432
Land 0 Lakes A& J Enterprises " " " �12.00
5500 Main St.N.E.
Fridley, Mn. 55432
Liquor Warehouse Am. Amusement Arcades " " " $12.00
214 Mississippi St.N.E.
Fridley, P�n. 55432
Midwest Print NSI/Griswold " " " $12.00
5101 Industrail Blvd.
Fridley, Mn. 55432
Perkins Restaurant Same " " " $12.00
7520 University Ave.N.E.
Fridley, P1n. 55432
Q Petroleum James P. Hill " " " $12.00
6101 University Ave.N.E.
Fridley, Mn. 55432
Q Petroleum " " " " " $12.00
5300 Central Ave.N.E.
Fridley, Mn. 55432
Riverside Auto Wash Inc. Randell R. OLehefske " " " $12.00
6520 E. River Rd.
Fridley, Mn. 55432
Shorewood Inn Am.Amusement Arcades " " " $12.00
6161 Hwy 65 N.E.
Fridley, Mn. 55432
Simer Pump ALA Carte Vending Sys. " " " $12.00
596Q Main St.N.E.,
Fridley, Mn. 55432
Sinclair Retail Same " " " $12.00
6071 University Ave.N.E
�
� FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES
April 18, 1933 Page 3
CIGARETTE CONT.
Sinclair Retail Same James P. Hill $12.00
6290 Hwy.65 N.E.
Fridley, P1n. 55432
Strite Anderson A� J enterprises " " "� $12.00
7585 Viron Rd. N.E.
Fridley, P1n. 55432
SuperAmerica #4207 SuperAm.Sta.Stores " " " �12.00
7451 E. River Rd.
Fridley, P1n. 55432
SuperAmerica �4199 " " " " " " �12.00
7299 Hwy. 65 N.E.
Fridley, Mn. 55432
SuperAmerica #4175 " " " " " " $12.00
5667 University Ave. N.E.
Fridley, P�1n. 55432
Swings Spurette John Swingdorf " " " �12.00
6485 E. River Rd.
Fridley, Mn. 55432
Target Stores Pat Brazil " " " a12.00
755 - 53rd Ave.PI.E.
Fridley, Mn. 55432
Tom Thumb �141 Same " " " $12.00
315 Osborne Rd. N.E.
Friclley, P1n. 55432
Unocal 76 Self Serve Union Oil Co. Of CA " "" " $12.00
5695 Hackmann Ave.
Fridley, Mn. 55432
V.F.W. Post 363 Merle Sheffield " " " $12.00
1040 Osborne Rd. N.E.
Fridley, Mn. 55432
The Wholesale Club Same " " " $12.00
8150 University Ave. N.E.
Fridley, P4n. 55432
Wicks Furniture A& J Enterprizes " " " �a12.00
5353 E. River Rd.
Fridley, Mn. 55432
CLUB ON SALE & SUNDAY ON SALE
i.Fridley American Legion Same " " " $150.0
7365 Central Ave.N.E.
Fridley, �1n. 55432
' FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES
April 18, 1983 Page �
CLUB ON SALE b;�U�JDAY ON SALE
Fridley V.F.W. Post 363 Same James P. Hill
1040 Osborne Rd. N.E. Public Safety Director
Frildey, Mn. 55432
ENTERTAINMENT
American Legion Post 303 Same " "
7365 Central Ave.N.E.
Fridley, h1n. 55432
George's Restaurant Anthony G. Nicklow " "
3710 E. River Rd.
Fridley, Mn. 55421
Knights of Columbus North Air Home Assoc. "
6831 Highway 65 N,E.
Fridley, Mn. 55432
Pulaski's Or's Inc. "
6259 Highway 65 N.E.
Fridley, P1n. 55432
Shorewood Inn Wm. Nickloa� "
6161 Hwy. 65 N.E.
Fridley, Mn. 55432
V.F.IJ Post 363 Merle Sheffield "
1040 Osborne Rd. N.E.
Fridley, Mn. 55432
FOOD ESTABLISHMENT
American Legion Post 303 Same
7365 Central Ave.N.E.
Fridley, Mn. 55432
Chaniclear Pizza Richard A. Kempe
6304 Highway 65 N.E.
Fridley, Mn. 55432
Fina Am.Petrofina Co.of Texas
7298 Highway 65 N,E.
Fridley, Mn. 55432
Fireside Rice Bowl Oliver Tam
1160 Fireside Dr.
Fridley, Mn. 55432
Fridley Country Boy Country House Inc. c�
6501 Central Ave. N.E.
Fridley, Mn. 55432
George's Restaurant Anthony G. Nicklow
3710 E. River Rd.
�ridley, Mn. 55432
/ ��
��
�� ��
� ��
�� ��
�� ��
$15�.00
$85.00
�85.00
$85.00
$85.00
�35.00
$85.00
�n5.00
�45.00
$45.00
$45.00
$45.00
�,45.00
C
1= FOR CONCURRENCE BY THE CITY COUNCIL
April 18, 1988
FOOD ESTABLISHMENT CONT.
Grocery Hut Ken-Ray Inc.
7399 E. River Rd.
Frid�ley, Mn. 55432
Jet Kayo Oil Co.
7600 University Ave.N.E.
Fridley, Mn. 55432
Knights of Columbus No.Air Home Assoc:
6831 Highway 65 PI.E.
Fridley, Mn. 55432
Maple Lanes Bowling Center Fridley Rec. & Serv. Co.
6310 Hwy. 65 N.E.
Fridley, P1n. 55432
Pappys Foods Co. Inc. J.Keith Warner
7875 Beech St.N.E.
Fridley, Mn. 55432
Perkins Restaruant #�1041 Same
7520 University Ave.PJ.E.
Fridley, r1n. 55432
Pulaski's Or's Corp.
6259 Highway 65 P�.E.
Fridley, P1n. 55432
Q Petroleum James P. Hill
6101 University Ave.N.E.
Fridley, Mn. 55432
Q Petroleum James P. flill
5300 Central Ave.N.E.
Fridley, Mn. 55432
Ron's Ice House R�L. Holum
7989 P1ain St.N.E.
Fridley, Mn. 55432
Shorewood Inn Wm.Nicklow
6161 Hwy. 65 N.E.
Fridley, Mn. 55432
Sinclair Retail �22038 Same
6071 University Ave.N.E.
Fridley, �1n. 55432
Sinclair Retail #22005 Same
6290 Highway 65 N.E.
Fridley, Mn. 55432
-- LICENSES
Paqe 5
�45.00
� $45.00
$45.00
$45.00
$45.00
�45.00
�35.00
$45.00
$45.00
$45.00
$45.00
�45.00
$45.00
= FOR CONCURRENCE BY THE CITY COUNCIL
April 18, 1988
FOOD ESTABLISHMENT�CONT.
SuperAmerica #4207 Same
7451 E. River Rd.
Fridley, btn. 55432
SuperAmerica #4199 Same
7299 Highway 65 t�.E.
Fridley, P1n. 55432
SuperAmerica #�4175 Same
5667 University Ave.N.E.
Fridley, P1n. 55432
Swings Spurette John Swingdorf
6435 E. River Rd.
Fridley, Mn. 55432
Target Stores Pat Brazil
755 - 53rd Ave.PJ.E.
Fridley, P•1n. 55421
Tom Thumb Tom Thumb Food Mkt.
315 Osborne Rd. P�.E.
Fridley, P1n. 55432
l3nity 1�ledical Center Unity Hospital
550 Osborne Rd. Pl.E.
Fridley, P1n. 55432
Unocal 76 Self Serve Union Oil Co.of Ca.
5695 flackmann Ave.
Fridley, Mn. 55432
V.F.W. Post 363 Merle Sheffield
1040 Osborne Rd. N.E.
Fridley, Mn. 55432
The 6•Jholesale Club Same
£3150 University c�ve. N.E.
Fridley, P1n. 55432
FOOD VEHICLE
Ron's Ice flouse R.L. Holum
7989 Main St.N.E.
Fridley, htn. 55432
HOTEL, MOTEL
-- LICENSES
Page 6
$45.00
� $45.00
$45.00
$45.00
�45.00
�45.00
$45.00
�45.00
�45.00
$45.00
$75.00
,�unliner Motel Eugene Kreuzkemper Richard Larson
6881 Highway 65 N.E.
Fridley, Mn. 55432
$195.
�
' FOR CONCURRENCE BY THE CtTY COUNCIL -- LICENSES
� April 18, 1938 Pa9Q 7
OFF SALE BEER
Jet � Kayo Oil Co. James P. Hill $60.00
7600 University Ave. N.E. Public Safety Director
Fridley, Mn. 55432
SuperAmerica �4175 Same "
5667 Univers�ity Ave.N.E.
Fridley, Mn. 55432
SuperAmerica #4199 Same " "
7299 Highway 65 N.E.
Fridley; P1n. 55432
SuperAmerica �4207 Same "
7449 E. River Rd.
Fridley, P1n. 55�32
Swings Spurette Same "
6435 E. River Rd.
Fridley, Mn. 55432
Tom Thumb #141 Polka Dot Dairy, Inc. "
315 Osborne Rd. PJ.E.
Fridley, P1n. 55�32
ON SALE BEER
11 II
��
��
�� ��
�� ��
$60.00
�60.00
" $60.00
$60.00
�60.00
Knights of Columbus North Air Home Assoc. James P. Hill 5325.00
6II31 Highway 65 N.E. Public Safety Director
Fridley, P�n. 55432
ON SALE LIQUOR A��D SUNDAY ON SALE
�ireside Rice Bowl Oliver Tam James P. Hill $7,000.00
1160 Fireside Dr. PJ.E. Public Safety Director $200.00
Fridley, Mn. 55432
I�aple Lanes Bowling Center Fridley Rec.& Serv.Co. " " "$6,000.00
6310 Highway 65 N.E. $200.00
Fridley, Mn. 55432
Sandee's Restaurant Braam Investments Inc. " " " $6,000.00
6490 Central Ave.N.E. $200.QQ
Fridley, P�n. 55432
Stuart Anderson Cattle Co. ARG Enterprises, Inc. " " " �8;000.00
Restaurant $200.00
5696 University Ave. N.E.
Fridley, P1n. 55432
Shorewood Inn Wm. Nicklow "
0161 Higha�ay 65 PI.E.
Fridley, Mn. 554�32
" " $8,000.0
5200.0
F
� FOR CONCURRENCE BY THE CtTY COUNCIL
'
April 18, 1988
ON SALE LIQUOR AND SUNDAY ON SALE
-- LICENSES
a
Ground Round The Ground Round Inc. James P. Hill $8,000.0
5277 Central Ave.N.E. Public Safety Director $200.0
Fridley, P1n. 55432
.fT.R.McCoy's T.R.McCoy's Inc. "
7850 University Ave.N.E.
Fridley, Mn. 55432
George's Restaurant Anthony G. PJicklow "
3710 E. River Rd.
Fridley,i P�n. 55421
ON SALE LIQUOR (One �lonth Only-Pro Rated)
Pulaski's Or's Corp. "
6259 Highway 65 N.E.
Fridley, Mn. 55432
PRIVATE GAS PUMP
Gustavson Grinding Inc. Floyd Gustavson Richard Larson
7410 Central Ave.N.E. Fire Inspector
Fridley, P1n.55432
REFUSE HAULER
Beckers Sanitation Ronald Beckers
19447 Baugh St.P1.4J.
E1 k River, P-1n.55330
Pletro Refuse, Inc. Wm.T. Butler
8168 1�. 125th St.
Savage, Mn. 55378
RETAIL GASOLINE
" " $8,000.
$200.
" " $9,000.
$200.
m
Bill Johnson Standard Willis D. Johnson Richard Larson
5311 University Ave.N.E. Fire Inspector.
Fridley, P1n. 55432
Fina Am.Pet. Co.of Texas Richard Larson
7298 Highway 65 N.E. Fire Inspector
Fridley, Mn. 55432
Fridley Country Boy Country House Inc. " "
6501 Central Ave.N.E.
Fridley, Mn. 55432
Jet
7600 University Ave.N.E.
Fridley, Mn. 55432
Q Petroleum
6101 University Av:�N.E.
Fridley, Mn. 55432
Kayo Oil Co.
James P. Nill
�� ��
Richard Larson
" $666.67
�30.00
$75.00
$75.00
$60.00
$60.00
�60.00
" $60.00
$60.00
G
' FOR CONCURRENCE BY THE CITY COUNCIL
. �. Ppril 18,1988
RETAIL GASOLINE CONT.
-- LICENSES
Q Perroleum James P. Hill Richard Larson
5300 Central Ave. N.E. Fire Inspector
Fridley, Mn. 55432
Riverside Auto l�Jash Inc. Randell R. Olehefske "
6520 E. River Rd.
Fridley, Mn. 55432
Sinclair Retail #22038 Sincalir Mkt.Co. "
6071 University Ave.PJ.E.
Fridley, Mn. 55432
Sinclair Retail #22005 Sinclair P�kt. Co. "
6290 Highway 65 N.E.
Fridley, P1n. 55432
SuperAmerica#4207 Same "
7451 E. River Rd.
Fridl ey, P1n. 55432
SuperAmerica #4199 Same "
7.�299 Highway 65 N.E.
Fridley, Mn. 55432
SuperAmerica #4175 Same "
5667 University Ave.N.E.
Fridley, P1n. 55432
Swings Spurette John Swingdorf "
6485 E. River Rd.
Fr�idley, Mn. 55432
Unocal 76 Self Serve Union Oil Co. Of CA. "
5695 Hackmann Ave.
Fridley, Mn. 55432
PRIVATE GAS PUMP
Unity Medical Center Unity Hospital "
550 Osborne Rd. N.E.
Friciley, Mn. 55432
SOLICITOR(PEDDLER)
m
n
m
�60.00
$60.00
$60.00
$60.00
" $60.00
" $60.00
�
�
$60.00
" $60.00
�60.00
" $60.00
The Flower Shoppe P1ary Lou Box James P. Hill
8484 Central Ave.N.E. Public Safety Director
Sp.Lk.Pk.,P1n.55432
Nortel Cable TV Teresa Kurshier "
350 - 63rd Ave.P�.E. •
Fridley, Mn. 55432
�� ��
$60.00
$60.00
1H
11
� FOR CONCURRENCE BY THE CITY COUNCIL -- ESTIMATES
'
April 18, 1988
Herrick & N�n, P.A. �
6401 University Aven�e N.E.
FYidley, Mira�esota 55432
For Senrices Rendered as C`ity Attorn�y
for the Month of March. 1988. . . . . . . . . . . . $ 3,925.03
Mark T�aut Wells, Inc.
151 - 72nd Ave. , S.
St. Qo�ud, MV 56301
Repair of Well No. 2 and No. 7
FZNAL F,S'!'Il�1TE . . . . . . . . . . . . . . . . . . . $19,147.45
E.A. Hickok & Associates
545 Irx3ian I�bund
wa�zata, NN 55391
Dsoore Lake Restaration Phase II Pmj ect #149
Paxtial Estimate . . . . . . . . . . . . . . . . . . $ 1,900.00
'?'i�A
2500 American National Rank Building
St. Paul, NN 55101-1893
Repair of Carmcros Park Filtratio�
Plant Project #164
Partial Estimate . . . . . . . . . . . . . . . . . . $21, 656.00
Ganmon Brothers
P.O. Box 83
Rogers, NN 55374
Sprin�rook Nature C�enter Rand
Im�rwenent Pr+o�ject #173
Estimate No. . . . . . . . . . . . . . . . . . . $18, 570. 02
22A
crrY aF r�mr�
E1�II�EEK[NG D�A1tI�TP
6431 LINIVERSITY A�TII�tUE N.E.
�FRIDL�, MN 55432
D1�E: March 30, 1988
To: FDNJRABLE N�YOR and CI� �UI�IL
CITY CE FRIDLEY
6431 f�1IVIItSITY AVENU� N.E.
FRIDLEY, MINNE.SOTA 55432
R� DSt. No. 1 (Final)
Peripd Ending: March 30, 1988
For: Mark J. Traut Wells Inc.
151 - 72nd Avenue S.
st. c�a, rIN s63oi
w�,r, �a
SZ�TII�NP CE' W�F�
C �.�14; ' y ' ;�:�!;��•7��
C�T ITF�►4 Est. Unit 4tY• 4tY• Atrount
Qty. Price This Est. T o Date To Date
Pull, inspect and
reinstall pump
Iaubber bearings
10' c olumn pipe
5' calumn pipe
Shaft couplings
L ine shafts 10'
L ine shafts 5'
10' suction pipe
8" �c�one strainer
Aligning spider
B aal Bearings
S tu ff ing box bushing
I �ellers
B cx pump pack ing
Ir+peller wear rings
S .S. bavl shaft
S .S. Top head s�haft
B awl as sanbly
Water level indicator
S a1db1 ast shafts '
B a� 1 ing
T�t gi� (cantract)
D isinfecting
T�t pu� (owner)
1
33
33
1
33
33
1
1
1
33
12
1
12
1
12
1
1
1
1
1
1
1
1
1
$2,200.00
7.70
150.70
1?�0 .60
9.60
83.25
65.10
99. 00
54. 50
22. 30
19. 25
8.80
62. 70
90. 00
61. 60
250 .00
200 .00
3,450.00
45. 00
1,060.00
985.00
950.00
125.00
76. 00
1
32
10
1
1
3
1
1
1
1
0
1
0
1
0
0
1
1
1
1
0
0
1
1
1
32
10
1
1
3
1
1
1
1
0
1
0
1
0
0
1
1
1
1
0
0
1
1
$2 ,20 0. 00
246 .40
1,507.00
120 .60
9.60
249 .7 5
65.10
99. 00
54. 50
22.30
0.00
8.80
0.00
90.00
0.�
0. 00
200 .00
3.450.00
45. 00
1.060.00
0.00
0.00
125.00
76.00
i'�l
$9,629.05
sun�:
Orig inal contra�ct anaint
Cantract additions - cY�ange order nos.
Contract deductions - ciaryge order nos.
Revised o�ntract anount
value co�leted to c3ate
SUB TO'rAL
Am�unt retaine3 (10$) (5$)
Less amount paid pr�viously .
AMOUNr DUE ZiiIS FSTIMATE
CERTIFICATE CF '�iE tJONPRAC'I'OR
$20,463.65
0 .00
0 .00
0.00
9,629.05
9,629.05
0.00
0.00
$9,629.05
I he reby certify that the work performed and the materia7.s supplied to
date undcr terms o� the oontract for the refer�ce project, and all
authorized Ghanges thereto, have aci actual value under the contract o�
the anaunts shown cn this estimate (arrl the final quantities o� the
final estimate are correct), and that this �timate is just ar� correct
and no part af the "Amount Due This Estimate" has been received.
B�G�v�,%' ivzG�-w1 D at e�`��-`�S�
Contractor's Authorizec3 Representative (Title)
CERTIFICATE CF' �iE F1JQI�ER
I hereby certify that I have pre�ared or �camined this �ti.mate, and
that the contractor is aititled to payment of this astimate under the
contract for reference project.
CITY CF FRIDLF�, IDSPFCTOR
�
/ , .l , � L.�.t`
- �
- -.
�� ��'ti � � , '
,/.�. ,
�
3/6/20/6
Date�—i� `�i
Respectfully S�bmittec7,
City of Fridley
BY
G. Flora, P.E.
� irector of Public Works
22B
March 30,1988
City of Fridley
WFLL 1�D . 2
. �;�M . 4 � 4,I M�i��y; �!f��� ;
This is t� oertify that it ems of the wo rk shown in the st atement of wo rk
certified herein have been actually furnished and done for the above
mentioned projects in accordance with the pla�s and sp�cifications heretofore
approved. The final contract cost is $9,629.05 and the final gayment of
$9,629.05 for the improvement project would �over in full, the contractor's
claims against the City fAr all labor, materials and other w�ork done by the
contractor under this project.
I declare under the penalties of perjury that this statement is just and
correct.
M�t �1UT WELi�S 7NC.
��/
d✓CLZ,�i�i -'�� 1/� ��1c S''�-c"�
Contractor l�resentative (Title)
B1Q/ts
3/6/4/9
�
22C
March 30, 1988
To; Public Works Director
City of Fridley
; �+�� ;� �,� �►; � `+' ?�t� �,� ��;7
4 � ; n �►
�l� ►.� vi' :���� �� ���
We, the undersigned, Y�v�e inspected the abave mentioned project a1d firyd that
the w�ork xequirecl by the contract is substantially complete in conformity
with the plans and specifications of the project.
All deficiencies have been corrected by the contractor. AJ.so, the work for
which the City feels the contra�ctor should receive a reduced price has been
agreed upon by the contractor.
So, therefore, we recrnanend to you that the City �prove the attached FINAL
ESTIMATE for the contra�ctor.
/� :z� (J �
Ralph Volkiren, Public Works Superinterrdent
:��.�`��� �- ���
Crntractor Representative, (Title)
aN/ts
3/6/4/10
22D
crrY cF r�r�
PiBLIC WORKS DEPARTMENP
EI�II�EEI�NG DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55932
March 30, 1988
iionorable Mayor a�d City Cwncil
City � Fridley
c/o Nasim M. Qureshi, City Manager
6431 University Avenue N.E.
Fridley, MN 55 432
Couryc il Members :
y .�M ; 4 � 4.� �.H ��� .�
We hereby suLmit the Final Estimate for Well No. 2 I�rovements for Mark
Traut Wells Inc., 151 - 72nd Avenue, St. Cloud, MN 56301.
We have viewed the worfc �der contract for the construction of Well No. 2
Improveinents and fir�d that the same is substantially canplete in accordance
with the contract documents. I�comanend that final payment be made upon
acceptance o� the w�ork by your Honorable Baly.
Respectfully submitted,
ohn G. Flora
Public Works Director
BIQ/ts
3/6/4/11
�
-•.. a. . ��.,L.ia p I �
. 1
- -• • ��� :l�: 1 ' ��_,r..
22E
22F
crrY aF r�mr�
E1�II�EERING D�AR'!.�
6431 IJ1aVII2SITY AVF�IUE N.E.
FRIDLFY, MN 55�i2
Date:
TOe HUN�DRABI,E MAYOR a�3 Q�lY �UNCIL
CITY CE FRIDL�
6431 I]NIVERSITY AVENUE N.E.
FRIDLEY, MINNF�SO►rA 55432
P�ril 4, 1988
R� Estimate N�. 1 (Firral)
Per iod E►�dirg : April 4, 1988
For: Mark Traut Wells Inc.
151 - ?2nd Avenue S.
st. cloua, rn� s63o1
WEGL #7
STATFFI�Nr CF' W�Ii�C
CON1.'RALT
..�H•,
CANrRACT ITIIri E'.st. Unit Qty. Qty. Am�unt
Qty. Price This Est. To Date To Da�e
Pull, inspect and
reinstall putnp
l�bber bearings
10' c alwm pipe
5 ' c olum� pipe
Shaft couplings
L ine shafts 10'
Line shafts 5'
10' suction pipe
8" cone strainer
Alignirig spider
Bavl bearings
St�uffing box bushing
S .S. bearing
B c�c PumP Fack ir�9
Ir�peller wear rings
pack ing box
S .S. baal shaft
S.S. top head shaft
B aal assanbly
Water lev�el indicator
Saidblast shafts
Bailing
Test pump (cantract)
D isinfecting
Test pum�p (owner)
Dtm� oontainer
1
11
11
1
11
11
1
1
1
11
4
1
10
7
1
1
1
1
1
1
1
1
1
1
1
$1,564.00
7.70
183.76
294.16
5.68
63.57
52. 00
99. 00
54. 45
22.33
22. 00
8.80
38.00
66. 00
189 .00
150 .00
175 .00
2,465.00
40. 00
310 .50
730.00
1,915.57
125 .00
76. 00
165 .00
1
10
4
2
1
0
1
1
1
0
0
0
10
1
1
0
1
1
1
1
1
1
1
1
1
1
10
4
2
1
0
1
1
1
0
0
0
10
1
1
0
1
1
1
1
1
1
1
1
1
$1,564.00
77. 00
735.04
294.16
5.68
0. 00
52.00
99. 00
54. 45
0. 00
0.00
0.00
380.00
66.00
189 .00
0.00
175.00
2, 465 .00
40.00
310.50
730.00
1.915.57
125.00
76.00
165.00
�p►rp�, $9 •518.40
scr��r:
Original contract anount
Contraict additions - charige order nos.
Contract deductions - c harx�e order nos.
R�vised oontra�t amaant
Value completec3 to date
St3B �TAL
Amwnt retained (10$) (5$)
Less amount paid previously
ANKXJNr DUE THIS ESTIMATE
. __;�� _� • ► a� � •
-_.________�
$11,445.27
0 .00
0 .00
0.00
9,518.40
9,518.40
0.00
0.00
$9,518.40
I h�ereb� certify that the w�orfc perforn�ed azd the materials svpplied
date under t�rn�s of the contra�ct for the reference project, and all
authorized changes thereto, l�ve an actual value under the oontract
the amcunts shawn rn this e�stimate (arr3 the final quantities c� the
�
.�
final estimate aze correct), and that this estimate i.s just a� correct
and�a part of the "Anaunt Due This Estimate" has been received.
c�� u� /�L ,
By' � '-� nate � ' �� '�b
Contractor's Authorized Representative (Title)
CERTIFICATE CF ZFiE II3GII�EER
I he reby certify that I have preparec3 0� examinec� this estimate, and
that the contra�ctor is entitled to payment of this estimate under the
contract for reference project.
CIZY (F FRIDLg', INSPDCTOR
, ��
r , Lj •� ���.r�.._
/
- -. .
��� lir..,�.�
3/6/20/7
Date� � � � � S}
RespectfuJly �nitted,
City of Fridley
�
BY
G. Flora, P.E.
Director of Public Works
22G
April 4, 1988
i
City of Fridley
WII�L I�D. 7 INII�RWII�IEETTPS
� ��4 _� 4 R 4*� � ��4�; �t� ;,
This is b� oertify that items of the work shown in the statement of work
certified herein have been actually furnished and done for the above
men�ioned projects in accordance with the plans and specifications heretofore
approved. The final contract cost is $9,518.40 ar� the final gayment of
$9,518.40 for the improvement project would oover in full, the contractor's
clai� against the City f�r all labor, iraterials and other w�ork done by the
contractor under this project.
I declare under the penalties of perjury that this statement is just and
correct.
MARK �tAL1T WELIS Il�TC.
�C.c:.-�� � C�.L� (� �;�Ps �..i..�
Co�tractor R�resentative (Title)
Bl�j/ts
3/6/4/9
22H
April 4, 1988
To: public Works Director
City of Fridley
��ti��� �\ ��: \ti'?� •� �.
� {' � � 1� �f
�� \� 4�� ��1��4��\�
We, the undersigned, have inspected the �ave mentioned project aid fir�d that
the w�ork required by the contract is substantially camplete in conformity
with the pla�s and specifications o�f the project.
All deficiencies have been corrected by the contractor. Also, the w�ork for
which the City feels the contractor should receive a reduced price has been
agreed upon by the contractor.
So, therefore, we reco�mniend to you that the City approve the attached FINAL
ESTIMP,TE for the contractor.
0
Ralph Volkman, Ptl�lic Works Superintendent
—_
��C/ .�z-�•-G/� `' �/— /i' •'--t"va�; �w�
Crntractor l�resentative, (Title)
BI�j/ts
3/6f �f 10
221
22J
crrY cF �xmr�
PI�LIC WDIdtS DEPA�
E1�II�EERING DIVISION
5431 University Avenue N.E.
Fridley, Minnesota 55432
April 4, 1988
Honorable Mayor and City Council
City of Fridley
c/o Nasim M. Qureshi, City Manager
6431 Una.versity Avenue N.E.
Fridley, NIN 55432
Cour�cil Members:
� ���4 : 4 • 4,i �+�. �iala��
We hereby submit the Final Estimate for Well No. 7 Improvements for Mark
Traut Wells Inc., 151 - 72nd Avenue, St. Claud, MN 56301.
We have view�ed the work imder contract for the construction of Well No. 7
Improvements and firx3 that the same is substantially complete in accordance
with the contract documents. I xecommend that final payment be made upon
acceptance of the work by ynur Honorable Body.
Respectfully subinitted,
v
ohn G. Flora
Public Works Director
BN/ts
3/6/4J11
�
� ��
• �. . _. . . ,� � �, �� i
« - - . . �� i �. .�, �.►,� � '
. ,