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05/19/1997 - 4786� � OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING MAY 19, 1997 � r r �� UTYOF -�r�a.�v FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET - Manday, May 19, 1997 7:30 P.M. - PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN pT?TNT NAMF. �C_T,F.ARLY1 ADDRESS ITEM NUMBER � � ^ Y S(.1 / G'l.(�� 1f�1 ��' C�'�, �� '�'�l -�� Z � c�� -� � 1J,��¢ (� �� / � � 7 �. �� ✓{ � � 1/�� l/ 1 �L�, � (/� �� l��s��G" � �r 50i' �c��-�;.� �� ►'�2 � �/=� ��G' ��C'c.��'Lc.� � �r �r, c�1 � �� i� ��L:� %' .t��-- (�,�:�� ,�"" S�- /�' � a ° ' �� i� ��i, � L/'�,�' ��?� -t' , c G� G . �%`� -,� S� 3d� ��- �� .- 3' 2 -��' N��2 N 1��,r �N 7/ �� P� v� �� v i�� ,-a - � ,�.�� - o�� _ � a: �► FRIDLEY CITY COUNCIL MEETING OF � � � MAY 19,1997 FR�LEY The City of Fridley will not discriminate against or harass anyone in the admission or aceess to, or treatment, or employment i� its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation wiil be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids shouid contact Roberta Coilins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE PRESENTATION: Plaques in Appreciation for Flood Relief He{p PROCLAMATiONS: Student Foreign Exchange Wee�C• .May 1�- 25, 1997 Alma Mujica; Paraguay Zinaida Arbekova; Russia Alyona Vladimirova; Russia APPROVAL OF MINUTES- City Counci! Meeting of May 5, �997 FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Extending the Telecommunication Facility Moratorium to December 31, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.02 NEW BUSINESS: Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1997 - 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 Resolution Receiving the Preliminary Report on the Matter of Construction of Certain Improvements: Street Improvement Project No. ST. 1997 - 3 . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 Resolution Ordering Improvement and Final Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1997 - 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 � 0 � 0 0 FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 Page 3 APPROVAL OF PROPOSED CONSENT AG�NDA: NEW BUSINESS (CO(�TINUED): Resolution Authorizing Execution of Sub-Grant Agreement for Federal A�si�tanc� �nder �h� 4nf�-a�truc�ure Program for Subgrantees . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 Receive Bids and Award Contract for Central Avenue Bituminous Sidewalk Project No. 1994 - 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 Receive Bids and Award Cor�t�act for 1997 Street Improvemer�t (Sealcoat) Project No. ST. 1997 - 10 . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 Approve Change Order No. 2 to Well No. 12 Design and Construction Project No. 293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.04 �� FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 Paae 4 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED,� Approve Change Order No. 3 to 1996 Street Improvement Project. No. ST. 1996 - 1 & 2 . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 Approve Letter of Satisfaction between the City of Fridley and Paragon Cable Related to the Cabie Television Transfer of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.03 Resolution Designating Time and Number of Council Meetings for 1997 . . . . . . . . . . . . . . . 11.01 - 11.02 Establish a Public Hearing for June 9, 1997, for Valley Creek, Inc. (Formerly Maple Lanes) for an Intoxicating Liquor License ....................................12.01 Establish a Public Hearing for June 9, 1997, on a Proposed Amendment to Section 7.02 of the Fridley City Charter Regarding Power of Taxation . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.03 � � � � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 Page 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Claims ...........................•--......14.01 . � � Licenses ....................................15.01-15.07 Esti mates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. 01 ADOPTION OF AGENDA: OPEN FORUM� VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Amend Section 11.01 of the Fridley City Charter Regarding Public Utilities . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.09 � � � . � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 Page 6 PUBLIC HEARINGS (CONTINUED�. Revocation/Suspension of in#oxicating Liquor License for Sharx Club (3720 East River Road) {Ward 3) . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02 NEW BUSINESS: lnformal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 � ADJOURN: .� FRIDLEY CITY COUNCIL MEETI1vG OF �Y 19,1997 �Z ti� � � C(lY OF The City of Fridley will not discciminate against or }� �yone in the admis�� . �� a�� or em lo FR�d�EY P�og�ms, or activities because of race, «�lor� c� rel' i ' � P Ym�t in tts services, with regard to public assistance_ U n ��' ��O�al ��' �X' d�b�l�ty° ag�, °1an�� S�� 'ienffition or status P° re9uest, accommodation wil! be provided to ailow individuals with disabitities to participate in any of Fridley's services, pro�rams, and activities. Hearing impaired persons �vho need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEOGE OF ALLEGIANCE. PRESENTATION: Plaques in Appreciation for Flood Relief Help ,�' '`'.',�- PROCLAMATIONS: Stuc�ent Foreign Exchange Week.� May 19 - 25, 1997 Alma Mujica; Paraguay Zinaida Arbekova; Russia A/yona Vladimirova; Russia APPROVAL OF MINl1TES: ,�j�,,�"'.�-'-��-°L , � ..�.�-� J � City Council Meeting of May 5, 1997 `��_-�-`-�' c.�/ "� ��..�.,�---_,,� x�F'PROVAL OF PROPOSED CONSENT AGENDA: OLO BUSINESS: Second Reading of an Ordinance Extending the Telecommunicat;on Facility Moratorium /� to D�e�/(�J`emb�31, 1997 . . . . . . . . 1.01 -1.02 H Y'�"'�w��6�� 6 G� �'t,'� °� °`�-�-�- � � �"�� —� �- � �i'�-z"'"` �G��C ' -c!� ' NEW BUSfNESS: Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1997 - 3 - - - . . . . . 2.01 - 2.02 �e... .�.1--%�-�-��-� � . f" Resolution Receiving the Preliminary Report on the Matter of Construction of Certain Improvements: Street Improvement Project No. ST. 1997 - 3 . . . . . . . 3.01 �� Resolution Ordering Improvement and Finai Plans and Ordering Adve�tisement for Bids: Street Improvement Project No. ST. 1997 - 3 . . . . . . . . 4.01 �� , Resolution Authorizing Execution of Sub-Grant Agreement for Federal Assistance under the Infrastructure Program for Subgrantees . . . . . . 5.01 - 5.02 � �,� L'e�'�� /�' — Receive Bids and Award Contract for Ce�tral Avenue Bituminous Sidewalk Project No. 1994 - 9 . . . . . . . . 6.01 - 6.03 �� ''G��"-dL� — G�� ..0 ��j-`-` �`' � � �q� �- �. �..-.,-_'.. �"`_ • �,,,.- 3 3 `.!—J . A'PPROV'A'�L OF Pt�OPOSED CONSENT AGENDA: NEW BUSiNESS (CONTlNUEO1- Receive Bids and Award Contract for 1997 Street Improvement (Sealcmat) Project No. ST. 1997 - 10 .._... 7.01 - 7.02 2�� ° �� G�� //'o � I?7. e/ Approve Change Order No. 2 to Well No. 12 Design and Construction Project No. 293 . _ . . . . . 8.01 - 8.04 � �� Approve Change Order No. 3 to 1996 Street Improvement Project. No. ST. 1996 - 1 & 2 . . . . . . . . J.01 - 9.03 �'�'� � Approve Letter of Satisfaction between the City of Fridley and Paragon Cable Related to the Cable Television Transfer of Ownership . . . . . . . . 10.01 -10.03 ��(��- �- ��.-- � .�� s �` ��'s Resolution Designating Time and Number of Council Meetings for 1997 ....... 11.01-11.02 � !t'' � Establish a Public Hearing for June 9, 1997, for Valley Creek, Inc. (Formerly Maple Lanes) for an Intoxicating Liquor License . _ . . . . . . 12.01 '� i� � �/ Establish a Public Hearing for June 9, 1997, on a Proposed Amendment to Section 7.02 of the Fridley City Charter Regarding Power of Taxation .._ 13.01 - 13.03 .� �� /� NEW BUSiNESS fCONTINUED�: Claims . . . . . . . . 14.01 �� Licenses . . . . . . . . 15.01 - 15.07 � Estimates: . . . . . . . . 16.01 � ADOPTION OF AGENDA� � � G��, �-��-�/" - �'.� �. �, 9 � �O`_ r� � �"`�''�- � OPEN FORUM. VISITORS: ; ' (Consideration of Items not on Agenda - 15 Minutes) i �� 6�4�i ��_y2� PUBLIC HEARINGS: Amend Section 11.01 of the Fridley City Charter Regarding Public Utilities . . . . . . . 17.01 -17.09 � -- �'i /-� �- �:/3 Revocation/Suspension of Intoxicating Liquo� License for Sharx Club (3720 East River Road) (Ward 3) . . . . . . . . 18.01 - 18.02 �� /y��- � � �� , �- - � �''s..� ' � �� ;�- • NEW BUSINESS: Informal Status Reports 19.01 0�-�- �°�.., c�"`.' �--f�� -� � �.. � - ADJOURN: �. °/�� , May 16, 1997 The City Council Members c% Ann Bolkcom 682I tlickory Street NE Fridley, MN 55432 City Council Members: Attached is the original copy of a letter and 6� signatures WHICfl SERVES AS OUR PETITIOIY to request that you take expedient steps to revoke the renter's license of Jerry Korsunsky, owner/landlord of the rental property located at: 6241 Alden Way lYE Fridley, M1Y 55�32 We find Jerry to be in violation of his responsibility as a landlord; We feel Jerry is not responsive (and quite negligent) in his obligations as a landlord. [We would like to note that very recently (within the last couple of days) Jerry has begun to take steps to correct this tenant problem, but this has happened as a direct result of him being informed that we neighbors were putting this letter together.] The fact of the matter is that Jerry should have taken care of this problem months ago and has been non-responsive to our concerns or to the violations occurring on his rental property. Respectfully submitted by 64 concerned homeowners surrounding the above-referenced rental property. (See signatures on the attached pages.) cc: Grant Fernelius, City of FYidley Jim Kordiak, Anoka County Commissioner Dave Saliman, Chief of Police 8e Public Safety Director Lieutenant tIerb Zimmerman Sergeant Bob Friis (who will deliver a copy to Social Services) Jan Olson, �-idley Fire Department Rental Division Child Protection Agency or r� / lijq�\ �� May 13, 1997 Jerry Korsunsky, Landlord of the home at 6241 Alden Way IYE, �Yidtey 1220 1�E Pierce Terrace Columbia tIeights, M1Y 55421 (571-6727) Dear Jerry Korsunsky: We, the homeowners immediately surrounding (and affected by} your rental property, would like to express our intent to recommend to the Public Safety Director that he request the City Council of Fridley revoke your renter's license. The current occupants of your rental property at 6241 Alden Way NE have caused repeated disruptions and conduct violations since they have occupied the premises. (And several of these disruptions have resulted in police intervention.) These disruptions have resulted in a great deal of anxiety and unrest throughout the neighborhood. We also have serious safety concerns for the well-being of our children, our neighborhood and our homes. Starting in September, 1996, you rented your property to a mother ("Tenant") and her 3 children, who are welfare recipients. According to law, the premises should only be occupied by the Tenant and her 3 children. On the contrary, there have been various people (adults) living with the her for various lengths of time ever since she moved in. It should be noted that she does not own an operating car and has only had a phone for a short time, which has since been disconnected. [tler daughter has asked numerous neighbors if she could use their phones over the past 8 months.) Although not reported to the police, neighbors have also experienced countless sleep- deprived nights due to very loud music and noise. Because we are concerned about the distinct possibility of drug-dealing, one neighbor was advised by the police to try to record all the license plate numbers that visited the home (at various times of the day and night). Over a two-week period this neighbor observed the traffic activity for approximately 15 hours total and recorded 20-25 different license numbers, along with extremely suspicious activity involving packages and suitcases being transported to/from the rented premises along with cars/trucks arriving and departing at all hours of the day/night. During one incident, a huge truck unloaded a yellow car onto the premises and after a period of time two men (who this neighbor had never seen before) drove off in the car. Since January 1, 1997, the �-idley Police Department has recorded 9 police incidents at your rental praperty. They are as follows: RE: 6241 Alden Way lYE Rental Property, F7-idley, M/Y Page I of 5 Case #97-5671: (January 10, 1997 - 1:05 a.m.) 5th Degree Assault. A car was stuck in the snowbank directly across from the rented property. A.J.M. (driver of the vehicle) told police that he was just assaulted by the boyfriend (D.G.) of the Tenant, and that his car had ended up in the snowbank as he was trying to get away from D.G. Police could get no one to answer the door at the rented property. The car had to be removed by a towtruck. A.J.M. said he wanted to press assault charges but then later changed his mind. Case #97-6331: (January 11, 1997 - 1:15 a.m.) Domestic assault complaint. Tenant had been beaten by boyfriend, D.G., which resulted in the arrest of D.G. for 5th degree domestic assault. Case #97-8177: (January 14, 1997 - 9:24 a.m.) Tenant informed that D.G. was released from jaiL Case #97-51110: (March 25, 1997 - 5:39 p.m.) Complaint involving suspicious traffic and activity at the rented premises. Complaint referred to Fridley Drug Task Force. Case #97-617�6: (April 10, 1997 - 3:08 a.m.) 911 tIang-up call. Police arrived and "babysitte�" alleged that a child had dialed 911 and left the phone off the hook. [nOTE: This is pretty unbelievable given the time of day this call came in!] Case #97-82149: (May 8, 1997 - 12:25 a.m.) Male/Female domestic assault. Complaint stated that man was beating the Tenant outside in the driveway, and the two young children (5 � 10 years old) were crying and screaming for him to stop hitting/hurting her. When the police arrived, no one answered the door for quite a while. Finally, an uncooperative man (D.S.M.) came to the door and told police that he had an argument with his brother and his brother had left. {We would like to state, for the record, that two neighbors were eye- witnesses to this assault and can testify that D.S.M. was lying. The next day the 5 year old boy (occupant of the premises) also confirmed to a neighbor that D.G. had indeed been hitting his mother in the driveway.} Case #97-83179: (May 10, 1997 - 10:46 a.m.) Police called to assist in arrest of A.D.G. for an outstanding juvenile warrant and p/c felony theft. Case #97-84902: (May 12, 1997 - 9:45 p.m.) Complaint that the two Tenant's chiidren (ages 5 and 10) were seeking shelter at a neighbor's home. (They were left home-alone, did not know where their mother was, and were scared so they went to this neighbor's house.) The mother never did come home that night. The mothers boyfriend, D.G., went to the neighboYs house at midnight and took the children back to the rented premises. RE: 624Z Alden Way /YE Rental Property, FYidley, MIY Page 2 0%5 Case #97-unknown number: (May 13, 1997 - 7:00 a.m.). The Tenant's two children (5 & 10 years old) went to a neighbors house and said their mother never came home last night. Fearing for the unknown safety of the mother and her 6 month old infant, the police were calied to the scene. The police came to the rented home and asked to talk to D.G. D.G.'s brother said he was not there. The police found D.G. hiding inside the rented premises. They arrested him for a traffic violation. The police then took the children into custody (to the police statibn) with the intent to put the children in foster care. It should be noted that this is not the first time the children have been abandoned. At least two neighbors have watched the Tenant's home-alone- children on several occasions and sometimes until late hours of the night. On one particular occasion, the Tenant told a neighbor that she wouid be home by 10:00 p.m. to pick up her kids. Because the Tenant did not return that evening, and being concerned for the safety of the children, the neighbor graciously let the Tenant's children spend the night at her house. The Tenant did not retum until appro�cimately 3:30 a.m., at which time she woke up the neighbor to retrieve her children. Yet another time, the Tenant's 10 year-old daughter and her friend stayed overnight at a neighbo�s house because they said they were scared and home alone. We are aware of domestic abuse in the home. This we know from eye- witness accounts, and the 5 year old child living on the premises has confirmed this. She presently has three of her four children living with her (one is 6 months old, 5 years old and 10 years old). Ptus, according to her 10 year old daughter, she is pregnant with another child! We are very concerned about the violent disruptions that have occurred on the premises. And we are extremely concemed for the safety and welfare of the Tenant's children. As a result, a copy of this letter will also go to Social Services via Sergeant Bob Friis. We would like to make mention of the fact that a few neighbors have talked to you about this Tenant situation and our deep concerns for the neighborhood, our homes and families, and the children in the Tenant's home. There have been at least three instances within the last 8 months where neighbors have approached you on the above mentioned subjects: • In late summer, shortly before the Tenant moved into your home, a neighbor personally spoke to you on your rental property saying, "Please, please can you please screen your renters more closely. We haven't had very good tenants here in the last few years." Your response was, "Mind your own business and get the hell off my property before I call the police!" • That fall, a different neighbor talked to you in person and expressed deep concem for the children and living environment on your rented premises. You listened and replied you couldn't do anything about it. RE: 6241 Alden Way tYE Rental Property, FYidtey, M/Y Page 3 0� 5 • Again, in the winter, a neighbor called you at home and expressed concern about the possible drug trafficking/dealing at your rented property. You indicated that there was nothing you cou(d do about it at the time. According to the "Conduct On Licensed Premises" Ordinance, y violation of your responsibility in regards to the unlawful condu�t of your tenants. According to Section 220.14.5, if three conduct violations (of subsection 220.14.1) occur within a twelve month period, the rental dwelling license for the rental unit may be denied, revoked, suspended, or not renewed. There have been 9 incidents involving the police (listed previously) within the last 4-1/2 months! We, as concerned citizens and responsible homeowners, are requesting that the Fridley City Council, as directed by the Public Safety Director, revoke your renteYs license. In summary, we feel you have been in violation of your responsibility in this matter for quite some time. Plus, given your past verbal responses to our concerns, we feel you are not responsive (and quite negligent) in your obligations as a landlord. We, the undersigned homeowners surrounding the above-referenced rental property, have read the above and request fhe City Council revoke your renters license: ,,�,�.�,�;� t l r �,,��'��L1 i T��-c.��' - ��'-��..�. d ( -'�:,� � f= .: � � � . .. ,..� n-" - --Y"�� . cc: Dave Sallman, Chief of Police 8e Pu�ic Safety Director Lieutenant herb Zimmerman Sergeant Bob Friis (who wili send a copy of this to the Social Services) Ann Bolkcom, City Council Member (who will present a copy of this to the City Council) Jan Olson, Fridley Fire Department Rental Division RE: 624Z Alden Way /YE Rental Property, F}-idley, MIY Page 4 oj 5 � ' ) - 0 We, the undersigned homeowners surrounding the above-referenced rental property, have read the above and request the City Council revoke your renter's license: ,, � -�.�✓ . , �i% � 2 � t i ��->,,, — f �' . �� i `. � cc: _'-� -e t, ,: � " I-,', ��,�-�-� Dave Sallman, Chief of Police & Public Safety Director Lieutenant tierb Zimmerman Sergeant Bob Friis (who wiil send a copy of this to the Social Services) Ann Bolkcom, City Council Member (who wilt present a copy of this to the City Council) Jan Olson, i�Yidley Fire Department Rental Division RE: 624I Alden Way /YE Rental Property, F7id(ey, M/Y Page 5 0/� 5 .� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 . THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 5, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, and Councilwoman Bolkcom MEMBERS ABSENT: Councilman Schneider PROCLAMATIONS: PUBLIC WORKS WEEK, MAY 11-17, 1997: Mayor Jorgenson read and issued,a proclamation proclaiming the week of May 11 through 17, 1997 as Public Works Week. She cal�ed upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services and to recognize the contributions Public Works Department personnel make every day to our health, safety and comfort. Mayor Jorgenson presented this proclamation to Paul Lawrence, Superintendent of Public Works. Mr. Lawrence thanked the Mayor and City Council for this proclamation recognizing the Public Works staff. He stated that this has been a particularly difficult year with all the snow and the flood situation. He wished to recognize his employees who have put in a lot of hours.. He fel�t they �did a good job for the City. VETERANS' BUDDY POPPY DAY, MAY 16, 1997: Mayor Jorgenson read and issued a proclamation proclaiming May 16, 1997 as Veterans' Buddy Poppy Day in the City of Fridiey. She urged all residents to recognize the merits of this cause by contributing generously to its support by purchasing buddy poppies on this day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. Mayor Jorgenson presented.this proclamation to Tim Arnold, Junior Vice Commander. of the Fridley VFW. Mr. Arnold thanked the Mayor and City Council for their support of Buddy Poppy Day. He introduced the Buddy Poppy Queen, Amanda Mortenson, who sold buddy poppies to the City Council. FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING, APRIL 28, 1997: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vot�, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAI, OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1• ORDINANCE NO. 1094 ESTABLISHING BY INTERIM ORDINANCE UNDER THE PROVISIONS OF MINNESOTA STATUTES SECTION 462.355, AN EXTENSION TO A PREVIOUSLi' ESTABLISHED MORATORIUM, WITHIN THE CITY OF FRIDLEY ON CONSTRUCTION OR EXPANSION OF MULTI-BAY WAREHOUSE OR SIMILAR TRUCKING-BASED PRODUCT DISTRIBUTION FACILITIES: Mr. Burns, City Manager, stated that the original moratorium was established by Council at the January 27, 1997 City Council meeting. The purpose of the moratorium is to allow time for the study of zoning issues that are related to warehouse/distribution facilities located near residential areas. This extension would add another sixty days to the original 120 days and allow time for the Planning Commission and the City Council action on the newly created M-4 district. w`�IVED THE REp.�ING �1ND ADOPTED ORDINANCE NO. 1094 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE ESTABLISHING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSLY,ESTABLISHED MORATORiUM WITHIN THE CITY OF FRIDLEY ON THE CONSTRUCTION OF NEW COMMUNICATION AND ANTENNA ARRAy TOWERS AND ON THE. USE AND DE�TELOPMENT OF pRnpFr�mv �.,n �r,,.�. ._�__ _ _ Mr. Burns, City Manager, stated that the original moratoxium was approved by Council on December 16, 1996 for 180 days. The extension is requested to allow time for completion of the Charter amendment process; completion of an ordinance and the holding of neighborhood meetings to pre-approve specific sites; and time for the City to determine whether or not it wishes to pursue ownership and operation of telecommunications facilities. The request for extension has been reviewed and approved by the City Attorney. WAIVED THE REApING AND APpROVED THE ORDINANCE ON FIRST READING. � 0 0 FRIDLEY CITY COUNCIL MEET3NG OF MAY 5, 1997 PAGE 3 3. ESTABLISH A PUBLIC HEARING FOR MAY 19, 1997 ON PROPOSED AMENDMENT TO SECTION 11.01 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manger, stated that this proposed amendment would add wireless or other communication services to the definition of public utility. The purpose of the amendment is to provide a legal foundation to enable the City to operate a telecommunications facility, if it chooses. The proposed public hearing date is May 19, and an ordinance is scheduled to be considered on June 9 and 23, 1997. SET THE PUBLIC HEARING DATE FOR MAY 19, 1997 ON THI5 PROPOSED AMENDN�NT TO SECTION 11.01 OF THE CITY CHARTER. 4. RESOLUTION NO. 37-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO SPRING LAKE PARK LIONS CLUB: Mr. Burns, City Manger, stated that this application is for renewal of a permit to operate at Sandee's Restaurant. The Police Department has had no problems at this location, and staff recommends approval. ADOPTED RESOLUTION NO. 37-1997. 5. APPOINTMENTS: CITY EMPLOYEES: Mr. Burns, City Manger, recommended that Sue Anne Kirkham be appointed as Receptionist/License Clerk. She has�a B.A. Degree in written communications from Metropolitan State University and was employed as a secretary at D& D Home Improvement. She has also been employed �as co-office adm�.nistrator for Leonard Carlson, D.D.S. Mr. Burns also recommended James Erickson for appointment to the MIS Coordinator position. He has a Bachelor's Degree from �lugsburg College. He is a Novell certified NetWare engineer and a MicroSoft certified systems engineer. He was most recently employed as a systems engineer at Perigee Communications and served as a network systems technician at Anoka County. CONCURRED WITH THE FOLLOWING APPOINTMENTS BY THE CITY MANAGER: Name Sue Anne Kirkham Position Receptionist/ License Clerk Non-exempt Starting Salary $10.01 per hour Startinq Date May 6, 1997 Replaces Jean Michaels FRIDLEY CITY COUNCIL MEETING OF MAY 5 1gg� PAGE 4 Starting Starting Name Position Salary Date Replaces James MIS $41,801.76 May 19, Dawn Erickson Coordinator per year 1997 Weigel Exempt 6. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 74102 AND 74206 THROUGH 74312. 7. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND A,S ON FILE IN THE LICENSE CLERK'S OFFICE. 8. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Newquist & Ekstrum, Chartered 6401 University Avenue N.E. Suite 301 Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of Marcli, 1997 ....$ 14,644.00 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive Suite 130 St. Paul, MN 55110 Services Rendered as City Attorney for the Month of April,�1997 . . . . . . . . $ 6,868.50 Thomas & Sons Construction, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996-1 & 2 Estimate No. 7 . . . . . . . . . . . . . . . $27, 447.16 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Barnette to approve the c�nsent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votiriq aye, Mayor Jorgenson declared the motion carried unanimously. � e C FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda as submitted. Seconded by Councilman Barnette. Mr. Burns, City Manager, requested that a resolution be added for the adoption of a policy and contract language implementing the provisions of the prevailing wage ordinance. MOTION by Councilman Barnette to amend the above motion by adding this resolution as Item 9A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: Councilwoman Bolkcom stated that she is speaking on behalf of her husband, Harry Bolkcom, President of the Homeowners Association of Locke Lake, who could not attend the meeting this evening. She thanked the City Council, �noka County, the Rice Creek Watershed District, and John Flora for their attendance at the dedication ceremony for the Locke Lake dam. She invited everyone to come to the lake. She thanked everyone for their support over the years. She stated they are happy to have the iake and wildlife back. OLD BUSINESS: 9. ORDINANCE N0. 1095 ADOPTING THE PREVAILING HOURS OF LABOR AND PREVAILIN� W�GE RATE ON CERTAIN PROJECTS FOR OR WITHIN THE CITY: Mr. Knaak, City Attorney, stated that this is the second reading of this ordinance and Subdivision 3, Exceptions, and subsections b, c, and d, have been added since the first reading. This additional language incorporates some of the issues that have been raised and discussed since the first reading of the ordinance. The purpose of the ordinance is to adopt, for all projects funded in the City, prevailing wages subject to a limited number of exceptions contained in the ordinance. The resolution that implements this ordinance is more involved. MOTION by Councilwoman Bolkcom to waive the second reading and adopt Ordinance No. 1095 on the second reading and order publication. Seconded by Councilman Barnette. MOTION by Councilman Billings to amend the ordinance by adding to its first reading as follows: Subdivision 3, Exceptions. This ordinance shall not apply to the following circumstances: (b) Any housing project or program within the City directed to or marketed FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 6 for owner occupancy; or (c) Any housing project or program directed at rental units containing eight or fewer units; or (d) Any residential rehabilitation project, regardless of size, entirely paid for with non-City funds. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mayor Jorgenson clarified that Subdivision 3(a) remained the same from the first reading. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. 9A. RESOLUTION N0. 38-1997 FOR THE ADOPTION OF A POLICY AND CONTRACT LANGUAGE IMPLEMENTING THE PROVISIONS OF ORDINANCE N0. 1095, PROVIDING FOR THE PAYMENT OF PREVAILING WAGES ON CERTAIN PROJECTS AND CONTRACTS WITHIN THE CITY: MOTION by Councilman Barnette to adopt Resolution No. 38-1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to direct the City Manager, in his role as Executive Director of the HRA, to request that the HRA pass a similar resolution that would apply to HRA projects. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor i Jorgenson declared the motion carried unanimously. NEW BUSINESS• 10. VARIANCE REQIJEST, VAR #97-04, BY JIM DRIESSEN OF MEDTRONIC, INC., TO ALLOW A SIGN TO BE DISPLAYED ABOVE A PUBLIC RIGHT-QF- WAY, GENERALLY LOCATED AT 7000 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that this is a variance request by Medtronic, Inc., to allow the installation of a sign over the public right-of-way. The proposed sign is 2.5 feet by 15 feet. The City Code prohibits any permanent signs, other than governmental signs, erected or displayed upon any right-of-way or public property. The request is unusual in that there are only two skyways in Fridley, one at Medtronic, Inc., and one at Minco Products Inc. The Minco Products Inc. skyway is located above property that is owned entirely by Minco Products Inc. Mr. Hickok stated that the entrance drives at Medtronic, Inc. are located in a manner that, by the time it is realized this is the Medtronic Inc. complex, the entrance drive has been passed. The sign would provide better early identification. The width of the Central Avenue righ�-of-way limits the effectiveness of monument or wall signs. It is recommended that the sign not be lit in order to reduce the impact on residential and park properties. 0 � FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 7 Mr. Hickok stated that the Appeals Commission recommended approval on a three to one vote. Staff concurs with the stipulation that the sign shall not be illuminated. Diane Savage of the Appeals Commission abstained from voting because of her concerns about visual pollution along the creek. Mr. Driessen, the petitioner, stated that he accepts staff'.s recommendation that the sign be non-illuminated. The purpose of the sign is to identify their worldwide headquarters and to give more visibility for visitors to Medtronic, Inc. MOTION by Councilman Barnette to grant Variance Request, VAR #97-04, with the stipulation that the sign not be illuminated. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Jorgenson declared the motion carried unanimously. 11. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the item to be discussed in the conference session is whether or not to place causeway lighting along Highway 65 from Lake Pointe to Moore Lake Commons. Councilwoman Bolkcom asked Mr. Flora to comment on the condition of Cheryl Street and Broad Avenue. ' Mr. Flora, Public Works Director, stated that a question was raised about the condition of Cheryl Street and Broad Avenue. These streets were not impacted by the flood. The streets in this area were poorly constructed and, as a result of freezing and thawing, they are cracking, with pieces of asphalt loosening. Staff is proposing that Council�address this area for future upgradinq. At this time, however, the streets will be repaired and patched. Councilman Billings stated that Council was told that part of the problem with Broad Avenue was -water coming through the roadway surface. Mr. Flora stated that both Cheryl Street and Broad Avenue had some storm water backing up. When Springbrook Creek was blocked one night the pumps were plugged, and there was a small amount of flooding with water from the creek backing up through the catch basin. Mayor Jorqenson asked if there was a way to alleviate this problem. Mr. Flora stated that the storm sewer drainage would have to be improved in that area. One way to improve the area would be to install piping to Springbrook Creek at 79th Way and eliminate all the catch basins that drain to the river and the creek. If there is any street upgrading in the future the drainage problem should also be addressed. 0 FRIDLEY CITY COUNCIL MEETING OF MAY 5, 1997 PAGE 8 A.DJOURNMEN'I' : MOTION by Councilman Barnette to adjourn the meetirig. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 5, 1997 adjourned at 8:03 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancy J. Jorgenson Mayor e � 0 - � � l�IEMOI�:ANI3I�M DEVEL�PMENT DIRE�TOR DATE: May 14, 1997 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Secc�nd and Fi�al Reading #o Ex#end Telecomm�+nicatior� Facility Moratorium to December 31, 1997 Although significant progress has been made on analyzing the impac# of telecommunication facifities in the City, it is recommended that the moratorium be extended to December 31, 1997. The extension is necessary �or three reasons: �. A Charter amendmerrt is in pr�cess #o amend the definition of pubfic utility tv inctuete wireless communication facilities. Because the Ciiy Charter prescribes specific timeframes for adoption, the or�linance wi11 not take effect un�l October 1., 1997. 2. The extension will provide the City wi�h additional time to finish an ordinance regulating the facilities and to conduct neighborhood meetings to "pre-approve° specific sites. 3. The City may also want to deteRnine if it should pursue ownership and operation of telecommunication facilities. Given the circumstances of the City's analysis, the City Attorney has agreed that the extension of the moratorium is necessary. Staff will continue with an aggressive schedule to complete the required analysis, and if needed, the moratorium may be removed earlier than December 31, 1997. A letter to the providers notifying them of the moratorium extension has been mailed. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance for second and final reading extending the moratorium to December 31, 1997. y • BD/dw �.01 M-97-237 ORDINANCE NO. . ESTABLISHING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSLY ESTABLISHED MORATORIUM WITHIN THE CITY OF : FRIDLEY ON THE CONSTRUCTION OF NEW CONIlr1UNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPA�NT OF PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE The City Council of the City of Fridley does ordain as follows: WHEREAS, the City Council of the City of Fridley, Minnesota finds that it is necessary to continue the required studies analyzing the impacts of new communication and antenna array towers in order to prepare appropriate regulations and to determine the proper location and sites for such facilities; and WHEREAS, the City Council has determined that additional time shall be required to complete the study and associated ordinance amendments; and WHEREAS, it has been determined that an amendment to the City Charter is necessary regarding communication and antenna array towers; and 0 WHEREAS, the City Charter requires specific timeframes to adopt changes to the City Charter. THEREFORE, BE IT NOW RESOLVED that the duration of the previously established 180 day moratorium herein be declared extended to December 31, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: � WILLIAM A. CHAMPA - CITY CLERK • First Reading: May 5, 1997 Second Reading: Publication: NANCY J. JORGENSON - MAYOR 1.02 , - i JAMES P. LARKIN ROBERTL.NOFFMAN GERALD H. FRIEDELL JAMESC. ERICKSON EDWPRD J. IX2ISCOLL GENE N. fULLER AOMN O. FULLMER FRANKI.FNRyEV � CHARLES S. MODELL CHRISTOPliER J. OIETZEN LINDA H. FISHER iMOMAS P. STOLTMNJ MICHqEL C. JACI(MAN JOHN E. DIEFiL JON S. SWIERZEWSIG 7F10MAS J. RVtJN JAMES P. QUINN TODDI.FREEMAN GERALDL.SECK J011N 8. LUNWUIST DAVLE NOUW' JOMNA. COTTER' BEATRICEA. ROTFNVEILER PAULB.PIUNKETT fLLAN L KILDOW KATHLEEN M. PICOTTE NEVMAAN MICHAEL 8. LEBARpN GREGORYE.KORS7AD - GARVA VANC�EVE' DPN�EL L BqA4ES TIMOiHYJ. McMANUS TIMOTHV J. KEANE ALAN M. lWDERSON � OONNA L. ROBACK MICHAEL W. SCHLEY RONNB.KREPS TERRENCE E. BISHOP I�SAA. GRAY GN2V A RENNEKE May 19, 1997 LARKIN, HOFPMAN, DALY �C, LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (612) 835-3800 FAX (612) 896-3333 MAY� z 1 a�r CHRISTOPHER J. IW2RISTFl4L KENDEL J. OFiLROGGE BRUCE J. OOUGLAS VNLLIAM C. GRIFfIiH, JR. J011N R. Hlli PETER J. COVLE IARRY O. M/•RTIN LWEE.BREMER JOFiN J. STEFFEN144GEN PHILIP G ALDEN MICWIEL J. SMI7H ANDREW F. PERRHJ OMJIEL W. VOSS VIUS R. INDE PMJ�M. MEVER CNR�STOP}ER D.JOI/NSON RENEEI.JACKSON CHRISTOPHER K. LPRUS MARCYR.FROST DOUGLAS M. RAMLER STEPHEN J. KAMINSIG T/qMA$ F. ALEXANDER OANIEI i. KADLEC SFW2NAA WAHLGREN KARIN M. NELSEN JOHN F. KLOS � C. ERIK HAWES LYNf� MICHELLE MOORE C. BRENTROBBINS KRISTIN S. VvESTGNRD ' JOIIE S. FREDERICKSON OF CWNSEL JACK G. DALY D.KENNETH UNDGREN .ALLJW E. MULLIG4IJ WENDELLR.ANDERSON JOSEPH GITIS � PLSOADMffTED IN WISCONSIN Mayor Jorgenson and Members of the City Council VIA FACSIMILE 571-1287 City of Fridley AND U.S. MAIL 6431 University Avenue N.E. Fridley, Minnesota 55432-4383 Re: Proposed Extension of Moratorium on Telecommunications Towers and Antennas Dear Mayor Jorgenson and Council Members: This letter is written in behalf of American Portable Telecom ("APT"). APT has been licensed by the Federal Communications Commission ("FCC") to provide Personal Communication Services ("PCS") in the Twin Cities marketplace, along with a number of other major urban markets throughout the United States. We are writing to comment on the City Council's consideration of the proposed extension of the above-referenced moratorium (the "Moratorium"), at tonight's city council meeting. We are opposed to the City's proposal to extend the Moratorium for an additional 180 days. It is our understanding that the Moratorium has been in place since December 1996, and that the City has not yet specifically addressed the issue of towers and antennas within the City. We believe that the City should focus its efforts on drafting and adopting an ordinance, in compliance with the Telecommunications Act of 1996, rather than extending the Moratorium, and further delaying such action. Please make this letter a part of the formal record of the City's deliberation of the proposed extension, and place my name on the notice list for matters related to the development of a new telecommunications ordinance. If you have any questions or concerns related to these comments, please call me at (612) 896- 3 800. ely, -�� y-�--_ eter J. o3�Ie, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: John Barstow, APT 0300574.01 City of Fridley TO: William W. Burns, City Manager �� ,/j v FROM: John G. F1ora,TPublic W�ks Duector DATE: May 19, 1997 SUBJECT: I-694 Westbound TH 47 Ramp PW97-122 Home Depot has provided the City $45,000 fot the redesign of the I-694 westbound ramp to TH 47 (University Avenue). These funds were provided as an agreement �o improve the traffic flow for their development. In coordination with 1VInDOT, they have ag�ed to fund the construction and inspecrion of the ramp improvement. Accordingly, the City has retai�ed the services of Barton-Aschman to prepare the plans and specifications for construction of the westbound 3amp of I-694 to provide far a signal at Ur�i.versity Aventt� for protected tuming �vennents and additional stacking space to �7th �ivenue. The current process is for the City to administer the contract; ie.,, prepare the plans and specifications, award the contract and make payments. The State is to prepare a cooperative agreement delegating this responsibility to the City and providing the Gity the funds for construction It is e3cpec�ed that the ag�eement will be prep�red grior to Jir�e 23, 1997. This agreement must be executed by the City prior to award of any contract. To expedite the consttuction and ensure its complerion this construction season, we have prepared resolutions, for a City improvement project, prepazing preliminary plans, receiving the preliminary report, app:roving the final plans and ordering advertisement of the improvement These plans have been prep�red by Barton-Aschman and are currently under review by MnDOT. It is proposed that we will ad�✓extise the project on May 22, 1997 allowing for the bids to be opened on June 12, 1997 which wou�ld then provide time for the State and the City to xeview the bids and award the project on June 23, 1997 or at the latest, July 14, 1997. To keep this project on schedule, recommend the City Council adopt the attached resolutions for the processing� of the I-694 westbound ramp to TH 4? (University Avenue), our project No. ST. 1997 - 3. JGF:cz Attachment � � 2.01 RFSOLIITION NO. � e A RESOLIITION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND - I $STIMATLS OF THE COSTS THEREOF: STREET IMPROVLMTNT PROJSCT'NO. ST. 1997 - 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of - Fridley as follows: 1. That it appears in the interests of the City and of the property' owners affected that there be constructed certain improvements to-wi�: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, bikeway, water and sanitary sewer services, storm sewer system, traffic signals, and other facilities located as follows: I-694 West Bound Ramp to TH 47 (University Avenue) That the work involved in said improvements listed above shall herea�ter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 1997 - 3 2. That the Public Works Director, John G. Flora, City Hall, Fridl�y, MN, is hereby authorized and directed to have drawn the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost'as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall'be furnished to the City Council. ' PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF MAY, 1997. ATTESTED: WILLIAM A. CHAMPA - CITY CLERK Nancy J. Jorgenson, Mayor 2.�2 . � � PI 9 RESOLUTION NO. I Ri3SOLIITION RSCEIVING THE PRELIMINARY REPORT ON THS MATTSR OF CONSTRIICTION OF CLRTAIN IMPROVSMENTSz STRl3ET IMPROVS�NT PROJECT NO. ST. 1997 - 3 � � WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, Resolution No. -1997 adopted on the 19th day of May, 1997, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, the State Department of Transportation agrees to improve the ramp and fund its reconstruction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the preliminary report prepared by Barton-Aschman and Associates, is hereby received and accepted. 2. That the design funds for this improvement have been provided to the City by Home Depot. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19Tx DAY OF MAY, 1997. ATTESTED: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 3.01 0 0 RESOLUTION NO. A RI'sSOLUTION ORDERING IMPROVEMENT AND FINAL PLANS AND ORDERING ADVERTISEMENT FOR BIDSs STREET IMPROVSMSNT PROJECT NO. ST. 1997 - 3 WHEREAS, Resolution No. - 1997 ordered the Preliminary Engineering Report for the improvements in this project, and WHEREAS, Resolution No. _- 1997 received the preliminary report for the improvements in this project. NOW THEREFORE, BE IT ADVISED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements pro�osed by Council Resolution No. _ 1997 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, traffic signals and other facilities located as follows: I-694 Westbound Ramp to TH 47 (University Avenue) That the work involved in said improvements as listed above shall hereafter be designated as: Street Improvement Project No. ST. 1997 - 3 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with the City Clerk. 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That, the Public Works Directar, John G. Flora, Fridley, Minnesota, is hereby designated as the Engineer for this improvement. He shall have final plans and specifications prepared for the making of such improvements. 5. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered at 10:00 AM on the 12"' Day of June, 1997, in the Council Chambers of the Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for Street Improvement Project No. ST. 1997 - 3 shall be substantially in the standard form. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY , 1997. ATTESTED: NANCY J. JORGENSON - MAYOR �- WILLIAM A. CHAMPA - CITY CLERK 4.O ! City of Fridley � TO: William W. Burns, City Manager ��t� ►� PW97-129 FROM: John G. Flora,iPublic Works Director DATE: May 19, 1997 SUBJECT: Flood Funding Anoka County has been vPOrking with the State Division o# E�ergenc�r Management to recoup the cost as$ociated with the #�ood activities on the Iviissis5i�pi Ri.ver. �i is required that the City identify a contact person so the necessary paperwbrk and com�.unications can be initiated. Recommend that Dave Sallman, the Public Sa#ety Director, be authori�ed to execute the sub-grant agreements and prepare the docurnentario� for flood assista�ce. Th� �.ttached r�es�u#ion is necess� .to i�ita�ate #� ac#�an. �ais �v}ll then �e follew�d �#� the submittal of cost breakdowns #or labar, equipmen# and material foliowed by negotiations with the FEMA representat�ves to substantiate the cc�.st identified It is h�ped that we would receive compensation for the majority of ex�nses for the flood activities of April 1997. Recommend City Council adopt the resolution authorizing Dave Sallman authority to execute the sub-grant agreements and prepaze documentation for flood assistance. JGF:cz Attachment - . 5.0 7 R$SOLIITION NO. -1997 RESOLIITION AIITHORIZING L%ECIITION OF SUB-GRANT AGREEMENT FOR FEDLRAL ASSISTANCE UNDER THE INFRASTRIICTURE PROGRAM FOR SIIB- GRANTFsES BE IT RESOLVED THAT the City of Fridley of Anoka County enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1175-DR- MINNESOTA. David Sallman, Public Safety Director, is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Fridley. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19" DAY May, 1997. NANCY J. JORGENSON - MAYOR ATTESTED: I certify that the above resolution was adopted by the City - Council of the City of Fridley, Anoka County on this 19"' Day of May, 1997. WILLIAM A. CHAMPA - CITY CLERK 0 5.02 - � � Ei� r�•i� ;/� St.� � Y N'�tti�E' 4 2 C O �:�. O 3 eis onc �"' U Ma �.ie U � � C y MEMOI�:Al�TDUM TO: William W. Burns, City Manager �� PW97-130 � FROM: Jon H. Haukaas, � tant Director Public Works John G. Flora, �irector Public Works `�,- DATE: May 13, 1997 SUBJECT: Central Avenue Bituminous Sidewalk Pro�ject No. 1994-9 On Tuesday, May 13, 199i, at 10:00 am bids were opened for Fabrication of the 110'x8' Pedestrian Bridge and Installalion of Abutments and setting of Bridge for the Central Avenue Bituminpus Sidewalk Project No. 1994-9. Plans and Specifications were sent to 3 contractors for installation of abutments and 2 contractors for �abrication o� the b�idge, One h�s� was r�ceiv� for installa�wn and two bids were rec�iv�d fnr fabrication. The installation bid was submitted by Jay Bros., inc. of Forest Lake ,MN, in the amount of $33,650.00. The low bid for fabrication of the bridge was submitted by Continental Bridge of Alexandria, MN, in the amount of $37,697.00. The total for fabrication and installation of the bridge is then $71,347.00. The estimated cost for design, fabrication and installation of the bridge and abutments and setting the bridge was $69,357. The total cost of the project is then $312,405.50. In 1995 the low bid amount was $349,352.90. Recommend the City Council receive the bids and award the contract for the Fabrication of the Pedestrian Bridge to Continental Bridge in the amount of $37,697.00 and award the contract for the Installation of Abutments and Setting of the Bridge to Jay Bros., Inc. in the amount of $33,650.00 as part of the Central Avenue Bituminous Sidewalk Project No. 1994-9_ � � 6.01 BID FOR PROPOSALS CENTRAL AVE BITUMINOUS SIDEWALK PROJECT NO. ST. 1994 - 9 (ABUTMENTS FOR PEDESTRIAN BRIDGE) TUESDAY, MAY 13, 1997, 10:00 A.M. PLANHOLDER BID BOND BID COMIVIENTS ! Jay Bros, Inc. Granite Re $33,650.00 P O Box 624 Forest Lake MN 55025 Landmark Concrete NO BID 17630 Hwy 65 Ham Lake MN 55304 Park Construction NO BID 7900 Beech St NE 6.�2 - � BID FOR PROPOSALS CENTRAL AVE BITUMINOUS SIDEWALK PROJECT NO. ST. 1994 - 9 (110 FT X 8 FT STEEL PEDESTRIAN BRIDGE) TUESDAY, MAY 13, 1997, 10:00 A.M. PLANHOLDER $ID BOND I BID COMIVIENTS Continental Bridge Old Republic $37,697.00 8301 State Hwy 29 N Alexandria MN 56308 Wheeler Consolidated Inc Merchants $38,085.00 P O Box 26100 Bonding St Louis Park MN 55426 � ' 6.03 E��g�neerin9 y Stwtr � X W:�I��r 1� r�[ � � f'��tk.� � ti} SI/CfIS V U 'J1d ntCnnnic' � m Ca M EM4RANDUM � TO: William W. Burns, City Manager��i � FROM: Jon H. Haukaas, Assistant Directar Public Works John G. Flora, Director Public Works � DATE: May 14, 1997 SUBJECT: 1997 Street Improvement Project No. ST. 1997-i0 PW97-109 On Wednesday, May 14, 1997, at 1O:fl0 am bids were opened for the 1997 Street Improvement (Sealcoat) Project No. ST. 1997-i0. Plans and Specifications were sent to 5 contractors. Ttu'ee bids were received. The low bid was submitted by Al�ied Blacktop of Maple Crove, NIl�, in #he amott�tt of 5110,1�7:�1. In the 199'� �treet Capital Improvement Program there is $i60,U40 budge#ed. Recommend the City Councii receive the bids and award the contract for the �997 Street Improve�ent (Sealcoat) Project No. ST. 1997-10 to Allied Blacktop in the amount of $110,177.01. y ' 7.� � BID FOR PROPOSALS 1997 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. 1997 - 10 WEDNESDAY, MAY 14, 1997, 10:00 A.M. ; PLANHOLDER BID BOND : BID '' COMMENTS Allied Blacktop CNA $110,177.01 10503 89th Ave Insurance Ma le Grove MN 55369 Astech Corporation Employers $119,447.15 P O Box 1025 Mutual St Cloud MN 56302 Bituminous Roadways United Fire $131,418.23 2825 Cedar Ave S Minnea olis MN 55407 Bituminous Paving Inc NO BID POBox6 Ortonville MN 55428 Caldwell Asphalt Co NO BID 24060 175th St NE %.�2 . City of Fridley ��> I� . �� \ II� � � .� I TO: William W. Burns, City Manager �� " � FROM: John G. Flora, Public Works Director DATE: May 19, 1997 PW97-133 SUB,jECT: Change Order No. 2 to Well No. 12 Design and Construction Proiect No. 293 Wi��t tl�e finalization of the filter plant insfiallation at Well No. 12, we learned that certain controls to automate the baekwash operation of the filter plant were not avaiZ�ble. Th� plant design was based. upon the physical p�esene� of an operatoz to monitor the amount of wate� available in tMe filter tanks prior to initiation of the aeration system associated with the backwash process. In both the Locke and Comrnons Paik plants, we have installed automated monitoring systems to facilitate the operation of the filters from a central location; i.e., Commons Park. It is desired to modify Plant No. 3 with simila� controls to allaw for automatic control of the backwash operations from Commons Park. To accomplish this, additional valves, monitors and electrical controls need ta be installed at a cost of $14,349. We do not expect any additional c3�ange order� a�sociated with this project. There will be additional asphalt work associated with the extension of the frontage road north which will either be added �o our bike path projeet or as a street payment to the asphalt contractor associated with P1ant No. 3. As this additional change will facilitate the automatic operation of the plant thereby redueirrg the m�pow�er e#fort �ssociat�d with its operation, recammend the City Council approve Change Order No. 2 to Well No. 12 Design and Construction Project No. 293. JGF:cz Attachment �. ' 8.01 i�o:►si�i,Ti:rr H:�c�►H;N;�s 1326 Energy Pork Drive St. Paul, MN 55)08 612-644-4389 1-800-888-2923 Fax:612-644-9446 May 13, 1997 Fiie: 685-014-30 Mr. John G. Fiora Director of Public Works City of Fridley Civic Center 6431 University Avenue NE Fridley, MN 55432 RE: CONTRACT CHA.NGE ORDER ITEMS - CONTROL/INSTRUMENTATION WATER TREATMENT PLANT NO. 3 CITY OF FRIDLEY, MINNESOTA Dear Mr. Flora: Recently we have had conversations with the water treatment staff regarding the controls av�� ENC�NEERwc: that are being installed at the new Water Treatment Plant ENVIRONMENTAL questions that are being raised revolve around the fact th� he c ntr ls ncluded wihth MUNICIPAL WTp No. 3 are different, in some cases, than the controls at the other two water PLANNING treatment plants. I have received some costs from the project Contractor for furnishing sou� wnsrE and installation of some additional instrumentation and controls, which would match the j��```T'�``' controls and monitoring capability of the other plants. SURbEY�P�G T�2FFi iC TRANSPOkTPiI�N E�ECiR!CALi,�F�aGN!Crl ENGWEERING ��vac PO'ds'E�t ��SiP,IBUD�O��'v SCP.�,4 SYSTEM CONTRO! � OFfICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUI The instrumentation and controls for the project were designed to give the operator control over the process with a minimal amount of redundant monitoring. In general, this means that controlled valves were designed into the system to allow the operations staff the ability to set the time, and to what level, each valve is open or closed. These settings would be developed based on experience during start-up of the system. ��awever, this design is suscep�ible ia prob:ems if valves da not operi as far as programmed (i.e., if something becomes lodged in the valve, this situation could occur). One way to ensure reliability of the system is to increase the monitoring capability of the more sensitive portions of the operation. During the project design, this increased monitoring capability was not included in an effort to keep the construction cost of the project down to an acceptable level. During the backwash operation, the controlled valves are relied on to ogen or close for a preset period of time. The backwash operation involves the draining of a portion of the tank volume to allow for an air space at the top of the filter. In this case, it is possible to install a level monitor in the filter vessel which will measure water level in the vessel. This wilt provide a positive indication that the desired water level within the vessel has been obtained before the next step in the backwash procedure begins. Because of the importance of this portion of the process, as well as the potential for significant WASECA 8�0�f • ' L 68>/014-0904.mav " An Equal Opportunity Employer 0 C Mr. John G. Flora May 13, 1997 Page Two damage to occur, it is our opinion that this would be a good investment on the part of the City. This would also match the other two treatment plant installations. The work associated with the furnishing and installation of these level monitors, one in each filter vessel, would result in an add to the construction contract of $8,036. A second item that we have been discussing lately is the installation of a flow signal from the backwash water line. This signal wouid indicate the rate of flow into the backwash water holding tank during the backwash procedure. The work associated with this item would result in an add to the construction contract of $4,145. One final item that will result in an add to the construction contract is the electrical and instrumentation work associated with two proof of flow switches on the backwash water reclaim pumps. These switches were required by addendum; however, the wiring of these switches into the control system was not clearly called out. Also included in this work is the addition of two air reiease valves. The Contractor has submitted a cost increase of $2,168 to perform the necessary work. Based on the amount of wiring, conduit, and control system work �cessa�y to perform this work, this cost appears to be v�ry reasonable; app�oximate�y haif of what we would typically estimate for this work. One thing that is somewhat particular to the City of Fridley is that, on occasion, one staff member is relied upon to operate all of the water treatment units within the City. Therefore, the advanced monitoring capability provided by the aforementioned change arder items becomes very valuable in ensuring that the system continuously performs in a satisfactory manner. I realize that no one likes change orders during the construction of a project; however, they are a necessary part of any project. One note of interPst is that typically �rojects are considered to be successful if the cbange orders are kept below 3% to 5% of the original construetion cost. Considering all of the items included in this letter, which result in $14,349 in changes, in addition to all previous change orders, the result is total change orders in the amount of 1.6% of the original construction cost. The construction of the improvements associated with Water Treatrn�r�t Pl�n� No. 3 are scheduled to be completed by June 30, 1997; however, the majority of the work has already been completed. Discussions with the Contractor indicate that no additional change orders are anticipated at this time. It is my understanding that the City is considering extending the access road from 73'/z Avenue to provide access to the property narth of the site. It is also my understanding that these improvements will be handled outside of the cunent contract. 68�/014-090-1.ma� ' �.�3 Mr. John G. Flora May 13, 1997 Page Three I would be happy to attend your next Council meeting to discuss these items if you think this appropriate. If you have any questions in the interim, or if you would like additional information regarding any of the items presented in this letter, please contact me. Sincerely, MSA, CONSULTING ENGINEERS . 1 � Bryan C. DeSmet, P.E. BCD:kh . �, 68�/014-0904.may City of Fridley TO: William W. Burns, City Manager� �'�" PW97-109 � FROM: John G. Flora�, Public Works Di.rec#or Jon H. Hauk. s, Assistant Public Works Director DATE: May 19, 1997 SUBJECT: Change Order No. 3 to 1996 Street Improvement Project No. ST. 1996 - 1&a As work is being campieted on 77�` Vfiay, a number of items have been identified, and need to be addressed in Change Order No. 3 to the project. The changes include relocation of additional hand holds for the signals at the intersection with East River Road #o satisfy Anoka Coura,#y requirements, irrigation system repairs due to the extensive grade changes along 77�` Wa�, topsoil and �d to �pai�r t%e l�dseapntg disturbed in the two previousiy mentianed items, and additional milling of bituminous roadway to estabiish a competer�t base in the area disturbed during pipe jacki.ng operations on the east side of the railroad track.s. The net cost of Change Order iVo. 3 is an addi.tional $15,276.00. Recommend the City Councii approve Change Order No. 3 to 1996 Street Improvement Project No. ST. 1996-1 &2. 9.01 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVER,SITY AVENUE N.E. FRIDLEY, MN 55432 May 19, 1997 Thomas & Sons Construction, Inc. 13925 Northdale Blvd Rogers MN 55374-0303 SUBJECT: Change Order No. 3, 1996 Street Improvement Project No. ST. 1996 - 1&2 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the 1996 Street Improvement Project No. ST. 1996 - 1&2 by adding the following work: dditi n• Item 1 2 3 4 5 Sod Topsoil Borrow Relocate Hand Hole Irrigation System R,epair Mill Exis�ing Bituminous TOTAL CIiANGE ORDERS• Original Contract Amount Contract Additions - Change Orders: No. 1 No. 2 No. 3 REVISED CONTRACT AMOUNT uantit Price 2,000 SY 1.95 150 SY 10A0 4 each 1,175.00 1 LS 3,876.00 1 LS 1,300.00 TOTAL ADDITIONS Amount 3,900.00 1,500.00 4,700.00 3,876.00 1, 300.00 $15,276.00 $ 527,183.64 $7,510.00 20,576.00 ��276.00 $570,545.64 i 9,02 ' � Thomas & Sons Construction, Inc. Change Order No. 3 May 19, 1997 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 19th day of May, 1997. --- C�•1 � �'C �. \ Prep�re�" y , ._...._.�._�.�--- '�� : � _ . . __ . i�� _____.__.. Checked by � � � `, % � /L- -�� _ p n G. Flora, P.E. �Director of Public Works . 13 � Approved and accepted this day of %�'� � 1997 b � Y THOMAS & SONS C.ONSTRUCTION, INC. '� � 1� �" i' , '� � � -l�~ ' l%/i Dan omas, Project Coordinator Approved and accepted this day of 1997 by , Approved and accepted this day CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager 1997 by Metro Division Assistant State Aid Engineer � ' 9.03 0 � �l��F FR[DLEY MEMORANDUM Municipal Cente� 6431 Unive�sity Avenue Noriheast F�idiey, Minnesota 55432 {6 i 2) 572-3507 FAX: (6�2) 571-12$7 Witliam C. Hunt Assis�int to d�e City Manager Memo to: William W. Burns, City Manager�,�� From: William C. Hunt, Assistant to the City Manager�� . . �� Subject. Satisfaction of Conditions for the Approval of the Cable Television Transfer of Ownership Date: May 13, 1997 On June 12, 1995, the City Council passed Resolution No. 36-1995 approving the transfer of control of KBLCOM Incorporated .(the parent corporation of Paragon Cable) from Houston Industries Incorporated (HI) to Time Warner Inc. The a�proval was subject to several conditions including the following: b. HI reimbursing the City for all reasonable costs, expenses, and professional fees incurred as a r�sult of the City's approval of the transfer of control of KBLCOM as specified in Section 6.05(b) of the Agreement and Plan of Merger. On �1ugu�t ii, 199�, eATV Administrator Clyde Moravetz submitted a staternent of account to Paragon Cable in the aanount of $7,279.10. This represented $4,414.17 in attorney's fees and $2,865.01 for city staff time and e�penses such as adv�rtising. Paragon �able initially contended that payment of the five percent franchise fee satisfied this obligation and that no additional payment was required to satisfy the conditions of the City's approval of transfer of control. The Fridley City Attorney and the atto��.ey fo� Paragon Cable have worked out a tentative agreement for the amount of $4,414.17. This needs to be approved by the Fridley City Council. I request that you present this matter to the City Council at their meeting of May 19, 1997, with the recommendation of a motion to authorize the City Manager to sign the enclosed letter of satisfaction upon receipt of $4,414.17 from Paragon Cable to reimburse the City for expenses related to the transfer of control. c: Richard D. Pribyl, Finance Director/City Treasurer Frederic W. Knaak, City Attorney Brian L. Strand, Video Specialist 10.01 CITY OF FRIDLEY LETTERHEAD May , 1997 Mr. Wayne Knighton Division President Paragon Cable 801 Plymouth Avenue North Minneapolis MN 55411 Re: Satisfaction of All Conditions to Resolution No. 36-1995 Dear Mr. Knighton: On behalf of the City of Fridley, Minnesota, this will acknowledge that all conditions set forth in Resolution No. 36-1995 in conjunction with approval of the transfer of control of KBLCOM Incorporated from Houston Industries Incorporated from Time Warner, Inc. have been satisfied in full. In that regard, the City has received evidence of completion of the transaction, the requisite opinions of Time Warner legal counsel, and reimbursement for all reasonable costs, expenses, and professional fees incurred as a result of the City's approval of the transfer of control. iii�iza-i Very truly yours, CITY OF FRIDLEY : 10.02 . � � I n ROBINS, KAPLAN. M(LLER � C1RES( L.L.P. ATTORNEYS AT LAW ATLANTA BOSTON CHICAGO LOS ANGELES MINNEAPOLIS ORANGE COUNTY SAINT PAVL SAN FRANCISCO WASHINGTON, D. C. 2800 LASALL[ PLA7_A 800 L��SALLE AV[NUF MINNEAf'OLIS. MINNESOTA 55402-2015 I l:l.l:PHON[ (612) 3_19-R500 �ACSIMILL (GI?) 339-4181 Apri121, ]997 Frederic W. Knaak Attorney at Law 3535 Vandais Center Drive, Suite 130 St. Paul, MN 55110 . Re: Paragon Cable/City of Fridley Transfer of Consent Satisfaction Dear Fritz: CI .TOIIN F. GI1313S (612)349-8765 �c��adc� � APR 2 3 {99� ,+ , �� -; +��, • I have enclosed a draft letter of satisfaction which we propose be executed by an appropriate City of Fridley official and delivered to Paragon Cable in conjunction with Paragon Cable's delivery to the City of Fridley of a check in the amount of $4,414.77. This will complete satisfaction of all conditions and resolve all issues which have arisen in conjunction with the City's approval of the transfer of control of KBLCOM Incorporated from Houston Industries Incorporated to Time Warner Inc. As background, I have enclosed photocopies of the consent resolution and the various legal counsel opinions which satisfied the other conditions. Kim Roden and I look forward to meeting with you in this regard on May 6, 1997. JFG/ch Enclosure cc: Kim Roden Wayne Knighton Very truly yours, 10.03 , MILLER & CIRESI L.L.P. 0 0 � i CITY OF FRIDLEY TO: FROM: DATE: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager �'� `/ fi May 13, 1997 SVBJECT: Resolution Changing the Time for Conference Meetings William W. Burns City Manager Attached is a resolution which designates the time and number of Council and conferenee meetings for 1997. Since confere�ace meetings are now being scheduled to start at 7:00 p.m. rather #han 7:30 p.m., it was necessary to change the time listed in the resolution. Staff requests that Car�ncil �ppro�� h� resca�ut�on. T�iank yot�. WWB: Attachment 11.01 RESOLIITION NO. - 1997 RESOLiTTION D$SIGNATING TIME AND NUMggR OF CODNCIL MEETINGS WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 1997: January 6, January 27, February 10, February 24, March 3, March 31, April 14, April 28, May 5, May 19, June 9, June 23, July 14, July 28, August 11, August 25, September 8, September 22, October 13, October 27, November 10, November 24 and December 15. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:00 p.m. on the following Mondays in 1997: January 13, February 3, April 7, May 12, July 21, August 18, October 20 and November 17. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF MAY, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 11.02 � . CITY OF FRIDLEY M E M O R A N D O M TO: AILLIAM A. BIIRNS, CITY MANAGER�(�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: ESTABLISH A PUBLIC HEARING FOR VALLEY CREER, INC. (MAPLE LANES) FOR AN INTORICATING LIQIIOR LICENSE DATE: MAY 15, 1997 Valley Creek, Inc. has purchased Maple Lanes, 6310 Highway 65, and has applied for an Intoxicating Liquor License. Valley Creek will. retain the Maple Lanes name. Pursuant to Chapter 603 Section .07 of the Fridley City Code, we � are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for Maple , Lanes (Valley Creek, Inc.) on June 9, 1997. The Police Department has performed the required background investigation on Maple Lanes and does not see any reason to deny this license. 12.01 � TO: AILLIAM W. BURNg� CITY MANAGER �",� FROM: WILLIAM A. Cii�lMpA, CITY CLERR AiJD CIiARTER COMMISSION STAF'F LIAISON RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: AMENDMENT TO SECTION 7.02 OF THE F'RIDLEY CITY CHARTER DATE: MAy 15, 1997 At the May 12, 1997 meeting of the Fridley Home R�le Charter Commission the attach�d ��aendnaen� to Section 7.0� of the Fridley City Charter was approved by tY�e CY�arter Commission and recommended to the City Counc��. The Charter Canrmis�3on 3�as stated that this amendment is contingent upon approvai by the Charter Commiss3on • Attorney. or� behalf of the Chari�r Comr�ission I req�est that Council establish a public l�ear�ng for the June 9, 1997 Cmuncil meeting. Attachments 13.01 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 7 TAXATION AND FINANCE Section 7.02. POWER OF TAXATION. l. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed si�t�e�-G eta �zz'-zrr-v��"c--r''rc--��-c�aca � . .. } � e3i--6 ��--�r T .. , .��g—�s��—r�.��t��--��-.��=.�e�o=a'�—o , • , �.-�a �--� ��-� '� in dollars , a tax levy that is qreater than the prior vear tax levy increased bv an inflationarv index defined bv the U S Department of Labor, Bureau of Labor StatisticsL Consumer Price Index for Al1 Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref. Ord. 592) • iv�TU'��i.zrc—rr�@�—Se `' '" �eS--��'-3.�J' , `....�t' ..�'r'� . � �" � v-�--v'6-�c�—e-i --ui—r��'9 �9-m� �czi—ii�0vt�� E'��rcr�'F' i "c�rc� i v�'e�-e � a- ti. .. � i ..,., ., s ... .. � j ' i �9—+'�-rt'rci� � 't-crri—'r��'-ar-izzirr��u-i �%-� i-a�. rczz-^vi3---�z—v�'"-rc `r'--..v"...�._'z : �� Page 2 -- Ordinance No. 3:-2. The City Council may also levy a tax in any year against real and personal property within the City in addition to said �c�ee��5�- �►-i�—�imr�a�-o.n-�re�}}�=Ps-��ee�ree� 1 imit as defined in paraqraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which resolution provides for such levy. (Ref. Ord. 592) PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: 13.03 NANCY J. JORGENSON - MAYOR _ � t CfTY OF FRIDLEY Tvpe of License• AUCTION Michael Servetus Unitarian Church 6565 Oakley Dr NE Fridley, MN 55432 CARNIVAL Gold Star Amusements PO Box 48057 Minneapolis, MN 55448 � FOOD/BUSINESS Fridley Dairy Queen 225 Osborne Road Fridley, MN 55432 LICENSES By: Kate Kemper Jan Golden 49er Days Donald Fitch Moore Lake Rqcquet, Swim Eddie Williams & Health Club 1200 East Moore Lk Dr Fridley, MN 55432 Medtronic, Inc. 7000 Central Ave NE Fridley, MN 55432 Wendy's Old Fa�hioned Hamburgers 7601 Viron Road Fridley, MN 55432 JUNK YARD Sam's Auto Parts 1240 73-1/2 Ave NE Fridley, MN 55432 Th�resa S�eaton Ri�hard James Barry Hoosline PEDDLERS/SOLICITORSfTRANSIENT MERCHANTS CW Marketing Services Nathan Neu 2010 East Hennepin Ave Suite 08-121 Minneapolis, MN 55413 Sureone Promotions 49er Days 1010 London Road Parade Mendota Heights, MN 55118 15.01 Approved By: Fees- David Sallman Public Safety Director David Sallman Public Safety Director David Sallman Publ3c Safety Director Exempt Exempt ($200 depas�t) $45.00 David Sallman: $45.00 Public Safety Dire:ctor David Sallman Public Safety Director David Sallman Public Safety Director David Sallman Public Safety Director David Sallman Public Safety Director $45.0t! $4�.00 $350.00 �.� �� David Sallman Exempt Public Safety � � CiTY OF FRIDLEY LICENSES MAY 19, 1997 PRIVATE GAS PUMP Armament Systems Division Douglas Hildre United Defense, L.P. 4800 East River Road Fridley, MN 55432 TEMPORARY ON-SALE BEER F�idley Wresting Boosters Todd Christenson 1337 Gardena Ave Fridley, MN 55432 Fridley Lions Club PO Box 32815 Fridley, MN 55432 USED MOTOR VEHICLE Lease Management Group 9901 Central Ave NE Blaine, MN 55448 Robert Schmidt Kirby Lowe David Sallman Public Safety Director David Sallman Public Safety Director David Sallman Public Safety Director David Sallman Pulic Safety Director $30.00 Request f ee waiver Request fee waiver $150.00 - TEMPORARY OUTDOOR FOOD SALES Holiday Foods Stephen Wiesner David Sallman $30.00 250 57th Ave NE Firdley, MN 55432 L / � CiTY OF FRID�EY EtECTRFCAL Breeze Electric Inc 2555 139 Ln NE Ham Lake MN 55304-6850 GAS SERVICES A & A Heating 112102LnNE Blaine MN 55434 Carlson C O Air Conditioning Co fnc 1203 Bryant Ave N Minneapolis MN 55431-4087 Harris Contracting CompaRy 2300 Territorial Rd St Paul MN 551 14-1699 One Way Building Se��ice 5250 W 74 St Edina MN 55439 River City Sheet Metal 10105 Linnet St NW Coon Rapids MN 55433 Rouse Mechanical Inc . 2916 Nevada Ave N New Hope MN 55427 St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Sedgwick Heating & Air Cond Co 8910 Wentworth Ave S Minneapolis MN 55420-2853 LICENSES May 19,1997 Curt Brazier Michael Abies Ti�ornas Li�dskog Robert Hosch Rvr� Torgers�n Chris Rapp Gary Danzeisen Paul St Marie Thomas Sedgwick 15.03 STATE OF MINN RONJULKOWSKI Building Official Sa�e Sarx�e Same Sam� Same Sa�e Same u Suburban Air Conditioning Co inc 8419 Center Dr NE Minneapolis MN 55432 GENERAL CONTRACTOR-COMMERCIAL Adolfson & Peterson Inc PO Box 9377 Minneapolis MN 55440 CAM 7398 University Ave NE Fridley MN 55432 CBS Construction Services Inc 7062 Brooktyn Blvd Brooklyn Center MN 55429 Delta T Construction Co Inc W137 N5732 Williams PI Menomonee Falls, WI 53051 Everest Construction Co 2665 Long Lake Rd #120 Roseville MN 55113 Garlock French Roofing Corp 2309 Snelling Ave S Minneapolis MN 55404 Karkela Construction Inc 2978 Alabama Ave St Louis Park MN 55416 River Road Investors 7841 Wayzata Blvd #111 Minneapolis MN 55426-1488 Western Remodelers Inc (SIDING ONLY) 2520 W Larpenteur St Paul MN 55113 GENERAL CONTRACTOR-RESIDENTIAL A-Line Construction (20032753) 6171 189 Ln NW Anoka MN 55303 Mark Sims Douglas Myhre Dean Sand Rob Borchardt John Vance Richard Baker Ron Lund Sarne RON JULKOWSKI Building Official Same Same .'•�iii% Same Same Richard Etchshokin Same Chris Johnson Barry Goldman Same Same Rodney Engebretson STATE OF MINN � 15.04 ' I J � B & B Roofing (9042) 6760 Madison St Fridley MN 55432 B�uette Roofing (7859� 9270 Otchipwe Ave N Stillwater MN 55082 Douglas Builders & Remodelers Inc (192� 1 1960 Chisago Blvd Chisago City MN 55013 Ehne David Bldg & Remodei (2891) 12826 Crooked Lake Blvd NW Coon Rapids MN 55448 LaFrance Jeff Exteriors (20081887) 12008 Ibis Cir Coon Rapids MN 55448 Madlon Construction {2fl040890) 541 1 Ojibway Ave N Oak Park Heights MN 55082-5413 IV�idwest Siding & Roofing (200�fl�7�) 3533 Perry Ave N Crystal MN 55422 Norsk Concrete Const Go Inc (7333) 1 1 15 Osborne Rd NE �pring Lake Park MN 55432 S L Dream Homes (20086844) 12887 Heather St NW Andover MN 55304-7543 Standard Water Control (1522) 5337 Lakeland Ave N Crystal MN 55429 Sunrise Remodelers (20051518) 6609 18 Ave S Richfield MN 55423 Jerry Bethel Brad Bruette Sheryl Shand David Ehne Jeff LaFrance f�ic�C �IVladlon Greg Gerulis Randy Jacks�n Jon Rambosek Mike Hogenson Graig Doty 15.05 Same Same Same Same Same Same Same Same Same Same Same Universal Homes �20033560) 6209 Maryland Ave N Brooklyn Park Mn 55428 Randy Zappa Volk & Sons Construction (2062) 489 Haisey Ave SE Buffalo MN 55313 Gene Voik Woods Steven Construction (6810) 6830 Beard Ave N Brooklyn Center MN 55429 Steven Woods Woods William Construction Co Inc �8737) 7728 Knollwood Dr Mounds View Mn 551 12 William Woods HEATING A & A Heating 112 102 Ln NE Blaine MN 55434 Michael Ables Carlson C O Air Conditioning Co Inc 1203 Bryant Ave N Minneapolis MN 5541.1-4087 Thomas Lindskog Harris Contracting Co 2300 Territorial Rd St Paul MN 55114-1699 Robert Hosch Metro Sheet Metal 1708 Gervais Ave Maplewood MN 55109 Mike Dobihal One Way Building Service 5250 W 74 St Edina MN 55439 Ron Torgerson River City Sheet Metal Inc 10105 Linnet St NW Coon Rapids MN 55433 Chris Rapp Rouse Mechanical Inc 2916 Nevada Ave N New Hope MN 55427 Gary Danzeisen 15.os Same C•�iiir Same Same RON JU�KOWSKI Building Official Same Same Same Same Same Same � � J .. St Marie Sheet Metal Inc 7940 Spring Lake Park Rd Spring Lake Park MN 55432 Sedgwick Heating & Air Cond Co 8910 Wentworth Ave S Minneapolis MN 55420-2853 Suburban Air Conditioning Co Inc 8419 Center Dr NE Minneapolis MN 55432 Younger J C Company 5626 W Lake St Minneapolis MN 55416-2107 MOBILE HOME INSTALLER Manufactured Housing Systems 8465 Center Dr NE Spring Lake Park MN 55432-1309 PLUMBING Bi�� Fignar Plumbing Co 2844 Johnson St NE Minneapolis MN 55418 Roto Rooter Services 14530 27 Ave N P�ymouth MN 55447 SIGN ERECTOR Topline Advertising 1471 92 Ln NE Blaine MN 55434 WRECKING Anderson Ray & Sons Co 930 Duluth St St Paui MN 55 1 06-341 8 Paui St Marie Thomas Sedgwick Mark Sims R J Younger Ray Dosdall Bill Fignar David Lohmann Steve Barcel Richard Orthmeyer 15.07 Same Same Same Sarr�e STATE OF MINN STATE OF MINN Same RONJULKOWSKI Building Official RONJULKOWSKI Building Official MEMORANI�UM DEVELOPMENT DIRECTOR DATE: May 15, 1997 TO: William Burns, City Manager ,��' I�` FROM: Barbara Dacy, Community Development Director BiU Champa, Charter Staff Liaison SUBJECT: Conduct Public Nearing to Amend Section 11.01 of the City Charter The Charter Commission at its April 28, 1997 meeting approved a request to amend Section 11.01 of the City Charter to define "public utilities" to include wireless communication antennae. The purpose of the Charter amendment is to provide the legal foundation to enable the City to lease public land and facilities to wireless communication providers. In addition, the amendment will provide the City Council wi#h the flexibility to determine whether it should pursue ownership and operation of wireless communication facilities. The. proposed amendment simply clarifies what a public utility is and does not dictate to the City Council which utility it should undertake. According to the City Attomey, a. referendum must be passed by 2/3 of the voters before the City Council can pass an ordinance to operate a utility. After the public hearing is conducted on May 19, 1997, first reading of the ordinance would be scheduled for June 9, 1997. Second reading would occur on June 23, 1997. After second and final reading by the City Council and official publication, an amendment to the City Charter requires a 90 day timeframe prior to it becoming effective. If within 60 days of publication a petition is signed by a number of registered voters equaling two percent (2%) of those who voted in the last general election (13,324 x 2% = 267 signatures required), the Charter amendment must be put to a vote. Otherwise, it goes into effect 90 days after publication. The effective date of the Charter amendment, if the proposed schedule is implemented, would be October 1, 1997. All five councilmembers must be present, and the ordinance must be passed in a unanimous vote. 17.01 Charter Amendment May 15, 1997 Page 2 The Charter Commission approved the proposed amendment with the condition that the Charter Commission attorney provide a written opinion by the time of the public hearing. The Charter Commission attomey has been notified of the Commission's action, and an opinion is attached. RECOMMENDATION Staff recommends �hat the �ity Council conduct the pubJic hearing to add the foltowing sentence to Section 19.01 of the City Charter: "For �urposes of this section public utilities shall include water works. district heating systems gas light power heat wireless or other communication services or any Qther �roduct or service the p lic provision of which the City Council by ordinance sha9 determine to be in the interest of its citizens " B D/dw M-97-241 17.02 441-0901 TERPSTRA, BLACK, BRA1vDELL & iiOFFMAN JOHN W. TERPSTRA RONAl.O G. B�ACK KIM E. BAANOELL JOHN C. HOFFMAN May 13, 1997 William A_ Champa Charter Commission Staff Liaison Fridley Municipa! Center 6431 University Avenue N.E. Fridley, MN 55432 • •. AT'T'ORNEYS AT U►W 919 MAIN STREET EL1C RiVER, MINNESOTA 55330 JAMES W. HESS (612) �41-70d0 JEFFEflYJ_ JENSEN FAX (812) 441-09pt EUZABETH K. MOpqf VIA FACSIMILE & U.S. MAIL Re: Proposed Amendment o Section 11.01 of the Fridley City Charter Dear Mr. Champa: I have examined the Fridley City Charter in an effort to address the advisability of the proposed amendment to Section 11.01 of the Fridley Charter providing for the addition of a broad definition of the term "public utilities." It is my opinion that the proposed amendment is advisablc and appropriate given my review of the Fridley Cifiy Charter and the stated purpose for the mentioned amendment.� It is my understandirlg that the proposed amendment under consideration involves the addition of the following sentence to Section t 1.01 of the Charter. "For purposes of ihis section, public utilitics shall include water works, district heating s},stems� g�, light, powcr, heat, wireless or other communication services, or any other product or service ttie public provision of which the City Council, by ordinance, shall determine to be in the interest of its citizens." According to the documentation I have received and reviewed, the stated amendment is being proposed in response to the issue of communication towers within the City of FridIey. Apparently one option for addressing the issue is the City constructing and owning all towers in the City and the City establishing a telecommunications utility. The stated amendment is therefore being proposed to ciarify the defnition of a"public utility" in order to provide the City with the flexibiiity to determine if municipa! ownership and operation of a telecommunications utility is feasible. I have reviewed the pmvisions of the Fridley City Charter and believe the proposed amendment to be consistenL with the existing provisions. Further, it appcazs that thc Ianguage of the existing provisions under Chapter 11 goveming Public Ownership and pperation of Utilities is broad enough to accommodate the addition of the proposed ianguage_ 17.03 ..—,, �c�on � aw or r i ce 612 441 -0901 P. 03 May 13, 1997 William A. Champa Page Two I hope my analysis is of assistance to you. Should you have any questions with regard to this matter, please feeI free to contact me. Sincerely, TERPSTRA, BLACK, BRANDELL & HOFFMAN � _. � .�_�/i1// i - ` :.- ., - 17.04 � � , 0 � PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, May 19, 1997 at 7:30 p.m. for the purpose of: Amending Section 11.01 of the City Charter by adding the following sentence; "For,purposes of this section public utilitie hall include water works district heatin,.g systems gaG liaht power heat wireless or other communica ion r��ic o any other product or servic th li� �rovision of which the City Council by ordinance hall sletermine to be in he interest of it . citizens." � Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Barbara Dacy, Community Development Director, at 572-3590. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 12, 1997. Publish: May 8, 1997 May 15, 1997 17.05 NANCY J. JORGENSON MAYOR � 11.05 CHAPTER 11 PIIBLIC OWNERSHIP AND OPERATION OF OTZLITIES Section 11.01. CONSTRUCTION, ACQUISITION AND OPERATION OF UTILITIES. The City shall have power to acquire public utilities as provided in Chapter 9(Eminent Domain) of this Charter and to build and construct such utilities as may be authorized by at least sixty percent (60�) of the votes cast on the issue at a regular or special election. _�',`.i?f?,`_��,5'��; ±,.� s�±.,��r;/"�i��,�� Section 11.02. RATES AND FINANCES. Upon recommendations made by the City Manager, or upon its own motion, the Council �hall have the power to fix all rates and charges for all utilities provided by plants owned by the City, but such rates and charges shall be just and reasonable. In like manner the Council may prescribe the time and manner in which payments for all such services shall be made and make such ather regulations as may be necessary, and may prescribe penalties for violations of such reguiations. Section 11.03. PURCHASE IN BULK. The Council may, in lieu of providing for the local production of gas, electricity, water and other utiiities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Section 11.04. CITY TO PAY FOR SERVICES. The Council shall make a reasonable charge, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for supplying the City with water, a�nd shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Section 11.05. LEASE OF PLANT. The Council may, if the public interest will be served thereby, contract with any responsible person, co-partnership or corporation for the operation of any utility owned by the City, upon such rentals and conditions as may be deemed necessary, but such contract shall be embodied in and let only by an ordinance approved by an affirmative vote of at least (4) members of the Council. In �7.os 8/17/89 , .. ■�, Wayne B. Holstad Russell L.C. Larson John L. Lindell. Karen Hill Fjeld t �' Real Property Law Specialist HOLSTAD AND LARSON, P.L.C. Atiomeys af Law 3535 Vadnais. Center Drivc, Suite 130 S� Paul; Minnesota.55110 � Telephone: (612) .490-9�78 Facsimile: (612) 490.-1580 (�oozioo� Of Counsel Frederic W. Knaak* '` Also Licensed in Wisconsin & Colorado :��,�Iy� � �� . _ .- � March 13; 1997 . � �. . �� Mr. William D. Hun# Assistant City Manager � BY FACSIMILE 612/571=1287 City of Fridley & U:S. MAIL 6431 University Avenue N:�., . . Fridley, MN. 55432 . . � RE: Use of City's Utility Authority for Telecommunication Tower Construction - Dear Mr. 'Hunt; . We had discussecJ last�month the possibility of the Cii�r of Fridley using its`authority in regulating and running utilities under its charter for the purpose of creating and running ` : a telecommunications u#ility" tiiat could own FCS towers and other facilities in the`City and lease those facilities to privafe communication.service providers needing them.for communications networlcs in.the C'ity. . As�rou ha�e po.inted.,�out;,the,�Cit�yR �ya --�create,a��u�ilitp",;.�inderxSection 1 t 01 of the,� ,.,., ��. `� � W�,�,,.< . � .� .:s,v�, . -, . . �_ k .. � �;>.Ce cent� mahe'n reation of such a ut�lity does require an election artd a.favorable saty ;: � ..� . , ., � _ P g' � of total votes.cas�'fo`r`sucFi�a�creation ta'take effect. """ ��' �"" ` 4' . The initial difficul#y l�have�had"on�this issue has-been�in:d�etermining�whether�erection of PCS towe[s or related services �would qualify as a"utility" virithin th�� meaning ofi � �� Minnesota statutes. ln th��case of�a�statutory:city; the�answer would appear:#o tie "rio", " given � the language.ofi_Minnesota�Statutes Sectiort 412:321,-wh�ich.tirrfits-the application .� �- � of the municipally:bwn�d utility authori#y to ."any�waten+vorlcs, disfrict _heafing.system, � or gas, light, �power, -or heat plant fcsr�su�plying �its own�needs for utilify servace or for. .: � suppiying utiliry service to private consumers or 6oth." Were the City a statutory city, , the matter would be closed. "'��" "` As a.chart�r city with a charter provision:�that leaves�the issue undefined, .however, the . City may have greater flexibility in the matter. . Sec#ion .11.03 .of the Fridley Charter, for example, does provide.that the City. may purch�ase utility. services: defiined as�"gas, electricity, water ar�d ofhe�r utiUties°. to benefit its cifizens. _:An argument can be made .,�.�,.-, -- . . - that by leaving the provision..open for furthe� definition, the�Charter left ihe question open to the voters for each new proposed utility as to.what uvould or would not be, _, allowed. Following that view, no charter amendment wouid be required when a new 17.07 Mr. William D. Hunt March 13, 1997 Page Two type of utility is proposed, but any such utility would not be able to function without prior voter approvaL City charters .in "Minnesota. are �intended, however, to be read in iight of applica6le _s#ate law and, to the extent possible, are always to be construed a manner #o give effect to both without conflict. In this instance, the.apparent limiting language of the municipal utiliry authority of statutory cities might present a conflict and possible source of iegal challenge for. any action by the City attempting to create such a utility wifhout a charter amendment. There is no assurance at all.that the City'would be able to prevail on such a challenge, even in the face of a ctearly. sfated desire and preference on the part of ihe voters of the City. R better approach, therefore, would be a change in the Charter itself, expressly authorizing the use of the.utility authority#or #elecommunications. There are two possible approaches: 1)one which is specific to telecommunications purposes, and . 2) a more general, #iexible approach whieh anticipates other possible, similar types of services being included in the future. In the first approach� .the following language can be appended as an additional paragraph to Section 11:01: .. � � For purposes of .this.section;."public utilities".shali.include. wireless telecommunica#ions services and facilities. - - � . - The second approach c;ouid b� accomplished: by 'inserting; at the same place after � Section 11.D1 of the Charterfhe foilowing: ... _ For purposes of this section, "public.utitities" shall..include.waterworks, district heating systems; gas,�light,•powe.r,�heat, wireless�or�.otfier"communications . services, or any other.product or service ihe.public-provision of which the_.City Council, by ordinanee, shall��determine to be in.the interests of.its citizens. If possible, I would suggest that the latte�_provision would provide for the greatest flexibility for the City in the long run. Since there is no blanket prohibition of this kind of provision in current state statutes, it is my.apinion that it would operate as sufficient authority far the city .to use. its` utility authority �n this manner. Please note that I have left untouched the election requirement, which would still be operative after the City Council had "added° to the.list, meaning that while th.e council could create new "al(owable" utilities, the Cha�#er would still require voter approva! before newly defined utilities would acfually be allowed. 17.�8 0 . , � a■ n 0 IQ.I�U4/004 �. Nfr. William D: Hunt � _ _ . March 13, 1997 � � Page Three � . : I hope this analysis and suggested language wilf be of_help fo you. Piease call at your earliest convenience if l can be of any further assistance.to you on this or any other matter. Sincere y, : ��'�'�� - ' Frederic W. Knaak � � Fridley City Attomey � cc: W. Champa _, , . , " • 17.09 - CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR AILLIAM A. CHAMPA, CITY CLERR SUBJECT: PUBLIC HEARING FOR REVOCATION/SUSPENSION OF SHAR% CLUB INTOXICATING LIQOOR LICENSE DATE: MAY 15, 1997 On the May 19 City Council agenda is a public hearing to consider the suspension or revocation of the intoxicating liquor license for Sharx Club, located at 3720 East River Road. A Public Hearing Notice is attached for your review. , e ' 18.01 a CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will � hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on May 19, 1997 at 7:30 p.m. on the question of consideration of suspension or revocation of the Intoxicating • Liquor License for Sharx Club for the property located at 3720 East River Road. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk 18.02 d 0 O : �� .;; : � . ; r`1 % UALITY INSURANCE 1648 Rice Street, St. Paul, Minnesota 55117 •(G 12) 489-1347 FAX (G 12) 489-5403 May 15, 1997 To: City of Fridley From: Michael T. Maranda Re: Sharx Sports Bar and Night Club Public Hearing To llhom it may Concern: I am the agent for the insurance carrier on Sharx Sports 6ar and Night Club. I have been asked to respond to questions re- garding serving practices at Sharx Club. Each year I bid for Sharx' insurance and I have for a number of years. Even though I have had a lot of competition for this business,I have been able to capture the contract the past 2 out of 3 years. As you know, in today's litigious society, poor serving practices� would effect the number of claims on the policies. Insurance companies are conservative by nature and are not anxious to insure businesses with a large number of claims aqai�st policy. Mr. OeFoe has a solid rep.utation for running a good business. He receives a discount on:his liquor 3.iability eoverage for having his bartenders a�d servers attend alcoholic awareness trainir�g seminars._ 7'he professionals he hires to conduct this training are recognized by the insurance industry. I have personally been to Sharx to evaluate how the business is rur�;:� "As an agent, I don!t want to write high risk policies. On �he four or five times I have been to Sharx, I have been carded each time even though I am 34 years old. �his impressed me as to how carefull�± they are monitoring the cro+�d to try to ensure no underage drinking. On a personal note, I find the turnaround in management quality at this location amazing. I was'aware of the reputation of this establishment before Mr. DeFoe took over. 6ecause of the business practices of Sharx, more and more agents are bidding for the in- surance contract. I believe that speaks for itself regarding the caliber of the operation. Sincerely, QUALITY INSURANCE SERVICE, INC. � ;�� ,�-� �% � Michael T. 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' ��e�.�. _ _ -y _ __ _ ; , � __ . ,- - -- --- ___ ; _ __ _ _ --- . _ r 1 � �� . �• � . , _ � . .r . if,� ' �'�� j' � : � �,�;�;:1 5201 East River Road, Suite 303, Fridley, MN 55421 • 612/571-7766 • FAX# 612/571-9519 i�iaV 1 2, 1 997 City of Fridiey City Council Fridley Mun�cipal Center 6431 University Avenue NE Fridley, MN 55432 Re: Sharx Public Hearing Dear- Council Members, It recently ca�ne to our attention that the City of Fridley is reviewing Sharx Liquor License. We at Voyager tlectronics w�u7d like to show our support for Sharx Nightclub and Sports Bar. We uiilize their facilities for saies meetings and iunch presentations, as well as company parties and outings. V�hile at these functions we do not always consume alcohol, not having the choice would definitely affect our decision as #o whether or not we would utilize Sharx as much as we do. Befiore the facility became known as Sharx, we never went there, largely because it was run down and the clientele was less than desirable, quite the opposite of the facility as it exists today. The appearance and atmosphere as well as it's close proximity make it a great place for our various functions and daiiy lunches. In closing, it appears to us that the property has vastly improved over its past configurations, and we at Voyager would like to see it continue to operate at it's current status. Sincerely, Stephanie Cessop Operations Manager � , . .fr, s� � 1`' '� L7 . _ _ �- Date: May 14, 199? TO: Fridley City Council From: Lisa Reinken 5244 Capitol St Ne Fridley MN 55421 RE: SHARX NI�HTCLUB I am writin� to you in regards to Sharx Ptightclub. I have been a patron of Sharx since it opened. I go there at least once a week. One of the main reasons my friends and I go to Sharx is because we feel safe there. Often I go there alone because I know that I will not be harrassed, and as a female that is very comforting. The bouncers really keep an eye on things so I feel completely safe. According to the Focus News dated 05/08/97, it indicates that there constantly is trouble there. All of the times that I have been there, I have never witnessed any trouble in the parking lot, and if. there is a disturbance inside the'club, the bouncers and/or management is on top of it within minutes. Since Sharx has opened I've noticed quite a few changes in their policy to make it even safer and to keep the less desirabies out, i.e, dress code, no saging pants, no gang aolors worn in the club, manditory coat cheak, and more bouncers. Everywhere you look in the club there are bouncers, also they patrol the parking lot and if asked,they will even esaort you to your vehicle. Also, I have a teen-aged son who is very active in hockey, he played for East River Hockey Assn, and now plays for the Fridley High School Varsity Hockey Team. Since Sharx has been opened, the owner has made very oharitable contributions to the hoakey teams. He contributes without hesitation and with sincere interest in the Hockey Programs. I hope Sharx is around for years to aome because youth sports needs all the contributions they can get. Alot of the Fridley businesses that I have approach for oontributions are very hesitant and contributions/donations are few to none, and its nice to know that the Hoakey Teams can count on Sharx every year for that much need contribution/donation. . i .- -'i . My belief is that law officiala were never really crazy about the Nightclub opening. In January 1994 my truek was stolen from Sharx parking lot. A marked police car came and so did a un-marked police car came. The officer in the un-marked aar seemed to be more preoccupied with whether or not Sharx was over the capacity limit than looking for my stolen vehicle. I received more sympathy from the owner of Sharx than I did from the police officers. It would be a shame to try and alose down Sharx because of a few bad apples (which you are going to find in any club, anywhere). I believe that Sharx is an asset to the Citv of Fridley due to the taxes they pay, whioh helps the city, the consistant charitable contributions they make to the Youth Hockey Programs, and the employment opportunities. Sincerely, , `�� ' � �"�� J C�� • �,C � � � �� :_ l � Lisd M. Reinken GC; Rich LaVoe - awner: Sharx Nightclub City Of Fridley 6431 University Ave NE Fridley, MN. 55432 May 14, 1997 Dear City Council Members, M�;� 1 � ;:; _; � My name is Amy Pauly, and I am an employee of Sharx. The reason I am writing this letter is I am aware that the doors to this business may be forced to close. was deeply saddened to hear this could be a possibility. I have been an employee of Sharx for nearly as long at it has �en open, approximately 2 1/2 years. This stable job has changed many things for me. It has enabled me to become �dependent. I have my own apartment now and I am going to business school_ Financially, without this job, I would not �ve the ability to do these things. I am finally getting my life together and it's because I have been able to count on this orking at Sharx has not only profited me financially. I have also gained a second family. We are all very close, pecially those who have been with us longer. I enjoy working for Rich. He is kind and very fair. I have never enjoyed �rking for anyone more. John is a wonderful manager. He is on top of everything and enforces all of the rules. �ther important thought that comes to mind is my strong feeling of safety when I'm at work. I am relaxed knowing have an alert and organized security team watching out for my safety and the safety of others in the club. In the 2 years I have worked at Sharx, this security team has proven that the issue of safety is not a problem. In fact, I am a ng, twenty-five year old woman and my experience with Shan� in Fridley has been such a pleasant one that I chose to ✓e to this city last fall. Because of this experience, the area has shown to me to be a place of safety. I had no worries ut choosing to live alone in a ground floor apartment right down the road. I really love this area, and I am pleased to e discovered it. I truly hope I can afford to stay here. position is the same everyday at work. I am at the front door and witness everyone who comes through. Being at the r allows me to see security checking everyone's ID. This assures me that anyone who enters the club is at least 21. I ; complete confidence that this is a practice we enforce. know there have been some problems that have occurred. This is true for any bar or night ciub. However, in a11 �nesty, on a day to day basis nothing out of the ordinary occurs. Shartc is not this wild place to be as the paper said. I ;ad the article and could not believe how exaggerated and in some cases untrue and twisted the words were. I would �t work in an establishment that was as the article portrayed Sharx to be. am present nearly everyday that the night club is open. I rarely take a day of� I see how the club is from day to day. It ;ally is a wonderful place to be. I only hope I can continue my employment at Sharx. I know it will be the key in putting �e through school and allowing me to continue living here. All I ask is to please consider me and all of the other nployees who have worked so hard and depend on Sharx for their livelihood in making your decision. If you would >me to visit us, I know you would see that what I say is true about Sharx. 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" , . ; . . - , � -, t� �� : �-� . . . . . : . . : . . , . . . . .. _ . .-: _ . / ' - ^_-`�!s!`� ! r'_.:._C/ /� :.�w _l,v_-��_ 5� _ _ � _ -� _ ; ,.. . _ „ -.- --- _ . �_:_�' �,�e-_ - -- --= o�- Q _ �=��1-��- - --- -- - . . � � � _ <��_ . - -_ _ ___ _ " �- ��c.��-_-�--__-- _ _-- _ __ _ - - ___ _ _ --. _----_ _ - _ _ _ _ �. , � �� 7Z� --- ----- - -----___ --_ � ��_. �� .e�_ �� :�� _ � �. . . _ �,�,� .�� _... __ - _�rc--� _- __�_ ____----- `�� _ _ _ _ _ ___ _. _____. _ _- --_ , - - - � _ i��-L--.�0__- � - - _ • _ _ _ _ - -- - _-- - /�2�� . . __ _ __ ___ � __ . 9_ C��_ _ ,acz;Z ��e. _- - _ _ -� J , - --. � � ' Lf �' Z.e�E� '� _ CY� i _' __._ _ -- _ _- -- -- �:____T___� __��,.��_��b�__ ____ �-� _ M�Y 1 3 1��7 May 7, 1997 Dear City Council Members, It has come to my attention that the City of Fridley is having a hearing on May 19 regarding Sharx Sports Bar and Night Club's liquor license. I am an employee at Sharx Sports Bar this in turn, effects me because my wages come from our business. I am a 22 year old college student at the U of M. Both school and Shanc are very close to my home. I've worked here for over a year and have made a lot of friends with employees and patrons alike. I do not want to see Sharx close, which would be the inevitable result. Some of us would be laid offuntil we would close. I would be in a rough spot because it is very hard to look for a job while classes are in session, nor would my rent be getting paid. I know that I'm not your major concern and that this regards the number of police calls that have resulted at our bar. As an employee I can say that after each incident, precautions were taken to prevent a similar occurrence. We now have a very strict dress code as well as increased security. have been through alcohol awareness and have been constantly reminded to check ID's. Please allow Sharx to keep it's liquor license and realize our business has gotten better and will only continue to do so. I need this job to pay my tuition and I've always been treated well by the '' � management and I think they do a nice job. Sincerely, � Mishawn Mielke 1907 North Upton Ave. Mpls., MN. 55411 Diane M. Wright �A�° � � 1997 2916 NW 116th Avenue ♦ Coon Rapids, MN. 55433 ♦ 421-1735 City Of Fridley 6431 University Ave NE Fridley, MN. 55432 May 7, 1997 Dear City Council Members, I am writing with respect to the public hearing set for May 19, 1997, regarding the liquor license of Shanc. I've been employed in the hospitality industry for the past 13 years and was with Norwest Banks for 8 years before. I have been employed by Rich DeFoe fbr the past 5 year. I have worked for many bar/restaurant owners over the years. Rich is by far the most conscientious and caring. He truly wants his establishments to be a place where any one of any age can come and have a good time. I primarily work days. Our business is rapidly growing, and along with this growth, our banquet business has grown. I then have to work late or until close to see these functions through from start to finish. Our banquet clientele has had great wedding receptions, anniversary parties and going away parties, all in our night club and I have not had one voice a concern regarding their safety-the music level maybe. I have never been afraid to go to my car when leaving, nor have I ever felt that our club atmosphere was a safety threat, nor has my husband or son had any misgivings about my safety when I have to work late. I realize that our police call numbers appear high, but they truly do not reflect the actual "safety factor" that seems to be the emphasis of the hearing. Every business has had a customer whose behavior is less than desirable. I am sure we have all been witness at one time or another to just such a situation at a retail establishment or public place. In the hospitality business, we unfortunately see more than our fair share. Even 'cutting off a customer can become an unpleasant situation if the customer becomes irate, but most alrea.dy know they have had enough and some have actually thanked us. Being in the position that I am at Shanc, I am privy to the information that Sharx operates on a month to month review of it's license. From a busir.ess view, it is very difficult to make long range c�pital improvment plans and sound business decisions when your license is constantly hanging by a thread. Everyone at Sharx has worked so hard to make Sharx a safe, clean and fun place with a very strict dress code, music format and very visible security personnel. I do not know what the intent is of the council, but would like to let you be aware that the entire sta.ff at Sharx is experiencing high stress due to this. I really do not see where closing down a business without investigating all the facts behind the numbers is beneficial to the City, the Tax Payers and certainly not the Business. Sincerely, Diane Wright. �Y 1 5 �9l May 12, 1997 To Whom It May Concern, I am writting regarding the hearing for Sharx liquor license. I have worked for Richard DeFoe since 1991 and I've always known Rich to address any problems or situations with grea.t concern. I am a single pa.rent and working for Rich has made it possible for me to raise my 7 year old daughter having no outside support. I do not know how I could support her if Sharx were to close. I have worked both the day and night shifts and have always seen plenty of security even when walking to my car at night. There are always highly visible security personnel patrolling the grounds. I also know that our bartenders and wait staff receive regular and on going alcohol awareness training. I know Rich as a caring person when it come to the safety of his employees as well as his patrons. Sincerely, c Dave Tetzlaff I + / �/ ' ; �-�.X� ! . � � ^ �}N+m'` . v n : � ^ I A / // � ; �; �* ' � � � „` "_ ��„� • .� _ x �T � :6� �__ ` ' ..� __. �_. _ � �y,��.... /� ��' � �y »�1 h ' � g 'i �� ' - �_.._ � i, j gt� � , kL S 4�Y '� ` � �}�,�vi='r� .'k` f .itC. �i Y.i u.. � �� _..- --tr..a�.. . . �..: . tr_._ ' � � � � .��';_��6°`�'��,�, .�� '� . _.<. °?.:.>_ � y F �.: �_. ♦ � //� � __ o'tivX� ; '. ��C�� / ' . _ '�..�- " 1A t -n: � � �.,:'� R3 ` �R: _�, ///��% /� �/�/� .�:�� %��/ S�� . � . . � � - / (,(/ �� l�� — / [ � . ' ' '�. . � '� �� '�� > �IG�� / y/ x ..:. ��. 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' � , y� � - � , o� _ l _.�v : .� ��-,-�� f _ �� . - _ o-w� - �-_ _; . __ �� - _ __ _ . :_ �;2�� u�( . �; t _ - , ,, :. �_..._�..,,_. ..: __ _ _ - - _a _ � .._.._ ��.__�� : ._...� ._ ._ . __. _ �:�_ ____ ._: . , _ _ __ _ _ _ ,_ �� _ �'� _ - _ M _ _. _ - _ _. __ .�9�,� _ �v��,�_ _ - � `��, _. - ��-� ��:� �s--�a�� f � - : . ._, � _. - - - _ ._ . _ ., x. _ _ _ _ a �... ,.. t. ,_ � - : ., .: _ - � : '-�?, ;' Y :�a +<'�. � 14 �i City Of Fridley 6431 University Ave NE Fridley, MN. 55432 May 14, 1997 Dear City Council Members, When I moved here from Big Stone City, South Dakota 1 1/2 years ago I was a(ittle frightened about coming to such a large city. I immediately found employment at Sharx . I have been working there ever since. M y fears of th e b ig ci ty were quickly diminished because of the caring nature and support of not only Rich DeFoe but all the employees and customers. I have met many wonderful people while working there. I feel that the newspaper article was very one sided and not the true picture at all. All Shanc employees are required to attend regular training sessions with regard to serving alcoholic beverages, checking ID's and recognizing signs of intoxication. We are all required to attend these meetings in order to keep our jobs. Our security staffare always watching out for customers as well as the staff. They handle situations as quickly and quietly as possible. If Shar�c were to close it would be financially devesting to me. I am saving the money that I make so that I can continue my education. I live in Fridley and need this job in order to pay my rent and fulfill my dreams. Please consider all of the information before making a decision about my future. Thank you. Sincerely, L.�2��-P Danielle Ruether 1643 68th Ave IVE Fridley, M1V_ 55432 � �/��